HomeMy WebLinkAboutR-2015-157 Rezone of Property at South 46th Ave & West Chestnut Ave RESOLUTION NO. R- 2015 -157
A RESOLUTION concerning land use regulation and comprehensive planning and
consideration of an amendment to change the Future Land Use and Zoning Maps of the City of
Yakima as follows: changing the classification of the properties located at 204 S. 46t Ave.,
Assessor's Tax Parcel Numbers: 181322 - 33474, and 181322 -33473 from Low Density
Residential (Future Land Use) and Single - Family (R -1) (Zoning) to Professional Office (Future
Land Use) and Professional Business (B -1) (Zoning),
WHEREAS, the Washington State Growth Management Act (GMA) requires counties
and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and
related laws and regulations; and
WHEREAS, RCW § 36.70A.130 provides for continuing review and evaluation of
comprehensive plans and development regulations at least every five years and for the
revision or amendments to such plans not more than once a year but at least once every
five years, with certain exceptions; and
WHEREAS, RCW § 36.70A.470 requires that counties and cities planning under
RCW § 36 70A.040 include in their development regulations a procedure for any interested
person, including applicants, citizens, hearing examiners, and staff of other agencies, to
suggest comprehensive plan or development regulation amendments; and
WHEREAS, RCW Ch 36 70A further requires that the suggested amendments be
docketed and considered not more often than once a year, consistent with the provisions
of RCW § 36.70A.130; and
WHEREAS, on March 16, 2004, the City Council enacted Ch 1610 YMC to
provide procedures and criteria for amending and updating the Yakima Urban Area
Comprehensive Plan; and
WHEREAS, Chelminar Associate Inc., submitted an application requesting that the
classification of the properties legally described in Exhibit "B" and located at 204 S 46 Ave.
Tax Parcel Numbers 181322 - 33474, and 181322 -33473 be changed from Low Density
Residential (Future Land Use) and Single - Family (R -1) (Zoning) to Professional Office (Future
Land Use) and Professional Business (B -1) (Zoning) through amendment of the City
Comprehensive Plan Map Amendment and Rezone process (hereinafter "CPA #008 -15 ", and
RZ #008 -15); and
WHEREAS, pursuant to YMC § 16 10 030, the SEPA Administrative Official issued a
Determination of Nonsignificance for this Future Land Use Map Amendment and concurrent
rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy
Act; and
WHEREAS, in accordance with YMC Chapter 1610, the Yakima Planning
Commission held appropriate meetings and hearings to review and consider the requested
comprehensive plan amendments and concurrent rezones, and
WHEREAS, pursuant to YMC § 16.10.080 and the approval criteria set forth in
YMC §§ 16.10.040, and 15 23.030(D) the Yakima Planning Commission made a
recommendation to the City Council that the requested Comprehensive Plan amendment and
concurrent Rezone described above be denied; and
WHEREAS, the City Council finds that the findings of the Yakima Planning Commission
set forth in Exhibit "A ", and the recommendations in response to the requirements of the Yakima
Municipal Code ( "YMC ") §§ 16 10.040, and 15 23 030(D) are correct and appropriate, and that
the same should be adopted by the City Council as its findings herein; and
WHEREAS, pursuant to YMC § 16.10 090, on December 7, 2015, a public hearing
regarding the requested Comprehensive Plan Amendment and concurrent rezone described
above was held before a meeting of the City Council; and
WHEREAS, it is in the best interest of the City to enact the following and to deny the
requested Comprehensive Plan Amendment and concurrent Rezone described above, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima
City Council adopts the November 10, 2015, findings, conclusions and recommendations of the
Yakima Planning Commission as its own, and hereby denies CPA #008 -15 & RZ #008 -15 A copy
of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 7th day of December 2015
/7 4( 1 6
Micah Cawl y, Mayor
ATTEST:
•
V CitV,, Clerk ,: - ` f v
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9 COMMUNITY DEVELOPMENT DEPARTMENT
� Planning Division i It A
v � 129 North Second Street, 2nd Floor Yakima, Washington 98901
Phone (509) 575 -6183 • Fax (509) 575 -6105
'� 0 . k as planning@yakimawa.gov • htlp: / /www.yakimawa.gov /services /planning/
YAKIMA PLANNING COMMISSION
RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL
FOR THE
2015 COMPREHENSIVE PLAN MAP AMENDMENTS AND REZONES
November 10, 2015
WHEREAS
The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December
2006 and the Yakima Urban Area Zoning Ordinance in March 2015; and
WHEREAS
The Washington Growth Management Act and local ordinances provide a process for the
annual review of amendments to the Plan as requested by citizens, property owners
and /or focal government; and
WHEREAS
For the 2015 amendment review process, the Department of Community Development
received nine applications for consideration for amendments to the Comprehensive
Plan's Future Land Use Map and nine concurrent rezones to the YMC Title 15 Yakima
Urban Area Zoning Ordinance; and
WHEREAS
Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for
the review of these applications and for recommending the approval, modification or
denial of each request; and
WHEREAS
The Yakima Planning Commission held study sessions to review the Comprehensive
Plan Amendments (CPA) and Zoning map amendments on July 27, 2015, August 3,
2015, and August 17, 2015 and the open record public hearings were held on October
27, 28, and 29, 2015; and
WHEREAS
All required public notice of these applications was provided in accordance with the
provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and
WHEREAS
Each CPA was considered for Environmental Review (SEPA), with a DNS issued for four
proposals on June 30, 2015, and for the remaining five proposals on July 1, 2015, with
Yakima
1 '....... 11 ' .
Code Administration (509) 575 -6126 • Planning (509) 575 -6183 •Office of Neighborhood & Development Services (509) 575 -6101
the respective 14 -day appeal periods ending on either July 14, 2015 or July 15, 2015. No
appeals were received; and
WHEREAS
The recommendations for these nine Future Land Use Map amendments, and text
amendment are based upon the criteria specified in YMC 16.10.040; and
WHEREAS
The recommendations for the nine concurrent rezones are based upon the criteria
specified in YMC Subsection 15.23.030(E); and
WHEREAS
The Yakima Planning Commission concluded its consideration of eight applications on
October 27, October 28, and October 29, 2015. Continued public hearing on proposal by
applicant "What the Hay" (File numbers CPA #004 -15 and RZ #004 -15), was scheduled
for November 16, 2015.
Now therefore, the Yakima City Planning Commission presents the following
findings and recommendations of DENIAL, for 2 of 9 proposals, to the Yakima City
Council:
FILE NUMBER: CPA # 005 -15, RZ #005 -15
APPLICANT: TM Rentals
LOCATION: Vicinity of South 40th Avenue & Logan Avenue
PARCEL NOS: 181327 - 43492, - 43493, and -43494
The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their October 28, 2015 public hearing, with the
recommendation of APPROVAL of the proposed amendment.
However, based upon a view of the site, the information contained in the application, the
revised proposal, exhibits, testimony and other evidence presented at an open record
public hearing held on October 28, 2015; and a review of the Yakima Urban Area
Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning
Commission makes the following:
FINDINGS
The applicant requests a change in the Future Land Use Map designation from Low
Density Residential to Professional Office and a concurrent Rezone from Single - Family
Residential (R -1) to Professional Business (B -1).
2015 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
2
The subject property includes three tax parcels located in the vicinity of West Logan
Avenue, between South 40th and South 38th Avenues.
On August 26, 2015, the applicant amended their application to include a 100 -foot buffer
of property located along W. Logan Ave with a Comprehensive Plan designation of Low
Density Residential, and zoning of Single - Family Residential (R -1) to buffer the existing
neighborhood from the proposed professional office designation.
After reviewing the revised proposal, receiving substantial written comments, and taking
public testimony during their July 27, 2015 study session, and October 28, 2015 public
hearing, the Yakima Planning Commission determined that the revised proposal does not
meet the criteria of YMC 16.10.040 or YMC 15.23.030 required to support the alteration
of the Future Land Use Map or zoning map of the City of Yakima for the following reasons:
a) The amendment proposal is not in line with the character of the neighborhood,
specifically, the character of the Professional Office Comprehensive Plan
designation, and Professional Business (B -1) zoning district is not compatible with
the surrounding Low Density Single - Family Residential neighborhood;
b) There is uncertainty of the impacts of the proposal on the existing critical area
features that is existing on the southern boundary of the site;
c) It was understood by the neighborhood, and previous planning efforts, that the
creek would act as a boundary to commercial development, to limit the
encroachment of the commercial development into the residential neighborhood;
d) Surrounding existing properties have enough vacancies to support additional
commercial uses, and there has been no sufficient indication showing that
establishment of B -1 zoning of this property will outweigh the need to preserve
compatibility with the surrounding neighborhood;
e) Due to the non - project nature of these applications, it is uncertain if the future
development of the property will have significant adverse impacts or
consequences. For example, the potential traffic impacts on the unimproved
residential roads of the adjacent neighborhood; and
f) The non - project nature of the application does not provide enough certainty that
the City of Yakima's development regulations will adequately provide for all public
facilities such as roads and appropriate driveway locations, so as to not impact the
surrounding neighborhood.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
1. The Comprehensive Plan and Rezone applications are minor in nature.
2. Adverse impacts have been identified and are included in the above Findings.
3. Substantial written comments or testimony were received in opposition to the
application.
4. The Professional Office Comprehensive Plan designation does not better
implement the goals and policies of the Comprehensive given the neighborhood's
residential nature.
2015 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
3
5. The public need for increased Professional Office land use designations, and
Professional Business zoning, is outweighed by public testimony in opposition to
these applications.
6. The non - project nature of these applications do not provide enough certainty that
the City of Yakima's development regulations will adequately provide for all public
facilities such as roads and appropriate driveway locations, so as to not impact the
surrounding neighborhood.
MOTION
Based upon the analysis, findings and conclusions outlined above, on October 28, 2015,
it was moved and seconded that the Yakima Planning Commission recommend DENIAL
of the Comprehensive Plan Amendment request from Low Density Residential to
Professional Office and DENIAL of the Rezone request from Single - Family (R -1) to
Professional Business (B -1). The motion carried by a vote of 3 -2.
FILE NUMBER: CPA # 008 -15, RZ #008 -15
APPLICANT: Chelminar Association, Inc.
LOCATION: Vicinity of Chestnut Avenue South 46th Avenue
PARCEL NOS: 181312- 33473, -33474
Based upon a view of the site, the information contained in the application, staff report,
exhibits, testimony and other evidence presented at an open record public hearing held
on October 29, 2015; and a review of the Yakima Urban Area Comprehensive Plan and
the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the
following:
FINDINGS
The applicant requests to change the Future Land Use Map designation for two tax
parcels from Low Density Residential to Professional Office and the zoning district
designation from Single - Family Residential (R -1) to Professional Business (B -1). The
subject properties contain an existing building presently occupied by a fraternal
organization, and is located at 206 S. 48th Ave., Yakima, WA.
City Staff provided a report which identified that the subject applications meet all eight
criteria for approval for both a Comprehensive Plan Amendment Application, and
concurrent Rezone including but not limited to:
The requested change in land use designation from Low Density to Professional Office
is consistent with the Yakima Urban Area Comprehensive Plan by meeting many of the
goals, objectives and policies of the Plan set forth in the General Development, Public
Services, Land Use, Transportation, and Utilities Elements of the Comprehensive Plan.
2015 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
1. This proposal will bring the zoning designation into conformance with the future
uses envisioned by the applicant.
2. All required public utilities (sewer, water, irrigation, street lighting and fire hydrants)
are presently available to the property.
3. The request is minor in nature, and does not appear to present any adverse
consequences for adjacent jurisdictions or service providers. Because of the small
land area involved, there are no regionally significant issues related to the request;
consequently, this request will not significantly contribute to the cumulative impacts
of other Comprehensive Plan amendments.
4. This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will allow for better compatibility and consistency with
adjacent properties, directs infill within the city limits, and it fulfills a public need for
additional Professional Office space.
After reviewing the revised proposal, receiving substantial written comments, and taking
public testimony during their October 29, 2015 public hearing, the Yakima Planning
Commission determined that the proposal does not meet the criteria of YMC 16.10.040
or YMC 15.23.030 required to support the alteration of the Future Land Use Map or zoning
map of the City of Yakima for the following reasons:
1. A large amount of public testimony was received in opposition to the proposed
requests indicating that the professional business zoning district was not in
character with the surrounding R -1 zoning district;
2. It was found that redevelopment of the subject properties into an office complex
would render the site out of character with the surrounding residential
neighborhood;
3. The proposal does not meet Comprehensive Plan goals and policies 3.6.1, 3.6.3,
3.6.5, and 3.6.3; and
4. The proposed Comprehensive Plan and Rezone change of .42 acres of property
does little to change the total amount of available Professional Office designation,
and Professional Business zoning available for development within the City.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
1. The Comprehensive Plan and Rezone applications are minor in nature.
2. Adverse impacts have been identified by these applications, and are included in
the above Findings.
3. Substantial written comments or testimony was received in opposition to the
applications.
4. The Professional Office Comprehensive Plan designation does not better
implement the goals and policies of the Comprehensive given the neighborhoods
residential nature.
2015 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
5. The site is surrounded by Single - Family (R -1) and at the intersection of two local
access streets which is inappropriate for professional office.
6. The public need for increased Professional Office land use designations, and
Professional Business zoning, is outweighed by public testimony in opposition to
these application.
7. Given the small size of the subject properties, the proposed Comprehensive Plan
designation of Professional Office and Professional Business zoning district are
not compatible with the surrounding neighborhood, and allowed uses within the
Professional Business zoning district.
MOTION
Based upon the analysis, findings and conclusions outlined above, on October 29, 2015,
it was moved and seconded that the Yakima Planning Commission recommend DENIAL
of the Comprehensive Plan Amendment request from Low Density Residential to
Professional Office and DENIAL of the Rezone request from Single - Family (R -1) to
Professional Business (B -1). The motion carried by unanimous vote.
Having made the above Findings of Fact and Conclusions, and after consideration of the
cumulative impact of all nine proposals, the Planning Commission hereby renders its
RECOMMENDATION TO CITY COUNCIL
The Planning Commission of the City of Yakima, having received and considered all
evidence and testimony presented at public hearing, and having received and reviewed
the record herein, hereby recommends that the City Council of the City of Yakima DENY
the two Comprehensive Plan Amendment (File No. CPA #005 -15, CPA #008 -15) and
concurrent rezones (RZ #005 -15, RZ #008 -15).
RECOMMENDED and signed this 10th day of November, 2015.
By'
Scott Clark, Vice Chairman for
the Yakima Planning Commission
2015 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
6
EXHIBIT "B"
LEGAL DESCRIPTION
CPA #008 -15 and RZ #008 -15
Chelminar Association Inc.
Tax Parcel Number: 181322 -33474
HIGHLAND HILLS ADD: LOT 15 BLK 2
Tax Parcel Number: 181322 -33473
HIGHLAND HILLS ADD: LOT 14 BLK 2
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GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,
1:2,000 and the GIS User Community
CPA #008 -15 Related Projects: RZ #008 -15, SEPA #014 -15
Applicant: CHELMINAR ASSOCIATION INC
Location: 204 S 46TH AVE
Proposal: Change the Future Land Use map designation for two parcels from Low- density Residential to Professional Office and
change the zoning from Single- family Residential (R -1) to Professional Business (B -1).
Parcel List: 18132233474, 18132233473
Low Density Residential Professional Office Large Convenience Center
Medium Density Residential Regional Commercial Arterial Commercial DOC+
High Density Residential Neighborhood Commercial 1.1 CBD Core Commercial pia
Industrial
INDEX
# 0_14
f . t • • Project Parcels
Future Land Use Map Contact City of Yakima Planning Division at 509 - 575 -6183
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.
For Meeting of: December 7, 2015
ITEM TITLE: Public hearing and resolution to consider the Yakima Planning
Commission's recommendation concerning a comprehensive plan
amendment and rezone request submitted by Chelminar Association,
Inc. (CPA #008 -15, RZ #008 -15) changing the classification of the
property located in the vicinity of S. 46th Ave & W. Chestnut Ave
SUBMITTED BY: Joan Davenport, AICP, Community Development Director
Jeff Peters, Supervising Planner (509) 575 -6163
SUMMARY EXPLANATION:
On April 30, 2015, Chelminar Association, Inc., submitted an application requesting that the classification of
the properties located at 204 S. 46 Ave. Tax Parcel Numbers: 181322 - 33474, and 181322 -33473 be changed
from Low Density Residential (Future Land Use) and Single- Family (R -1) (Zoning) to Professional Office
(Future Land Use) and Professional Business (B -1) (Zoning) through the City's Comprehensive Plan Map
Amendment and Rezone process. On November 10, 2015, the City of Yakima Planning Commission held an
open record public hearing on the proposed applications and after taking public testimony recommended
denial of both applications to the Yakima City Council.
Therefore, the Yakima City Council is now being asked to hold an open record public hearing on the Planning
Commission's recommendation on the Comprehensive Plan Map Amendment application, and a separate
public meeting to consider the Planning Commission's Rezone recommendation.
(The complete record is on file in the City Clerk's Office and on -line
at: http: / /www.yakimawa.gov /services /planning/ under Quick Links).
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
/ 1
_
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
The City of Yakima Planning Commission recommended denial of both Comprehensive Plan Map
Amendment CPA#008-15 and Rezone RZ#008-15 on November 10, 2015.
ATTACHMENTS:
Description Upload Date Type
DI Proposed IResollution CIPA008-15 11/24./2015 IResollution
DI Exhibit A ... MPC Firdirqs & IREtcornmendatlion 11/24/2015 [Exhibit
lExhibit 3 Leqa [Description 11/24/2015 [Exhibit
DI Maps ae rnirar Association 12/2/2015 Backup Materiall
d Compllete Record is OnlIOne 11/20/2015 Backup Materliall