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Staff Report on Request Staff Report City of Yelm Community Development Department   To: Mayor Ron Harding Yelm City Council From: Tami Merriman, Associate Planner Date: March 30, 2010 (for April 13, 2010 Council Meeting) Subj: Request for Comprehensive Plan Amendment - Rezone Recommendation Request not be forwarded to the Planning Commission for consideration. Background The owner of a parcel of land adjacent to the City Limits wishes to open a landscape business.   The property is located at 17741 SR 507 SE, tax parcel number 64303200200. The Thurston County zoning is Rural Residential - 1 unit to five acres which does not allow a commercial business.  The property is also pre-zoned in the City of Yelm Comprehensive Plan as low density residential upon annexation. The property owner applied to the County for a comprehensive plan amendment to rezone the parcel to arterial commercial in November 2007 for the 2008 Comprehensive Plan amendment docket.  The County did not process the application.  The applicant re-applied in 2008 for the 2009 docket.  Due to staffing, the County was not able to process the application.   The property owner then met with City staff regarding annexation possibilities.  The City informed him of the policy set by council to not annex property at this time. The only development potential was through Thurston County.  City staff suggested that the property owner work with the County to see if a conditional use permit or variance might be an option.  The property owner meth with the County and was informed that they would not support either option.  The applicant is again pursuing the comprehensive plan amendment to rezone the property, and is requesting that the City of Yelm place the proposed amendment on the City’s 2010 Comprehensive Plan docket.     Applications for a comprehensive plan amendment are to be to the City by December 31 to be reviewed and heard in the following year.  The City has no Comprehensive Plan updates on the docket this year. Current Situation Rezone Process The rezone process is considered a Comprehensive Plan amendment, as the official zoning map would be changed. Section 17.96.020 states: 17.96.050: Amendments of the text of this title or the official zoning map or variances may be initiated by: Verified application of one or more owners of property which is proposed for a variance or rezone filed with the planning department; The adoption of a motion by the city council requesting the planning commission to set the matter for hearing and recommendation; or A recommendation by the planning commission or hearing examiner to the city council. If City Council requests that the Planning Commission provide a hearing and recommendation, the Planning Commission would then hold a public hearing, and provide the Council with a recommendation. The Council may then accept, modify, or reject the Planning Commissions recommendations. As part of a rezone request, there are certain basic questions should be answered: Is there a changed circumstance that indicates a need for the rezone? Is the change consistent with the Comprehensive Plan? Is there an adequate supply of heavy commercial zoning, or is there a need for more? Is there an adequate supply of R-4 Low Density zoning, or would the rezone create an inadequate supply? Would the change help or hurt public health, safety, and welfare? Is the change detrimental to property in the immediate vicinity? Does the change pose undue burdens on public facilities? Are there specific plans or studies for the specific area that should be considered? Property Description The subject property is approximately 8.92 acres and is located on SR 507 across from Wal-Mart. The parcel is located at the base of the bridge that spans the railroad tracks. The site is also located within a high ground water flood hazard area, restricting development potential location and ingress and egress limitations. Analysis In analyzing the questions above, the request is not consistent with the Comprehensive Plan. The rezone would be inconsistent with the Comprehensive Plan for the following reasons. There has been no change in circumstances that provides a need for additional C-2 Heavy Commercial Zoning. Currently there are approximately 50 acres of C-2 zoned undeveloped property showing no need for additional C-2 zoning. Currently there is adequate supply of Low density residential zoned property; the loss of this acreage would not create an inadequate supply. The change in zoning could be considered a detriment to public health, safety and welfare by potential traffic impacts due to the location of the ingress and egress, as well as damage to critical areas located on this site. The site is in a high ground water flooding area. Development in and near a high ground water flood hazard area is difficult due to stormwater treatment requirements. At this time the City has a policy for no annexation of property due to current circumstances regarding water availability. Rezoning the property does not necessarily impose a burden on utilities, as annexation can only occur when the City has adequate water supply. Commercial development would create a burden on the transportation system. The parcel is located at the base of the bridge spanning railroad tracks. The location of the rise and the flood hazard area requires ingress and egress closer than the allowed distance to the intersection for a commercial driveway access.