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Home My WebLink About2025-007 Ordinance to consider the Planning Commission's recommendation regarding a rezone request located in the vicinity of 103-107 N 40th Ave and 3902 Summitview Ave ORDINANCE NO. 2025-007 AN ORDINANCE rezoning parcels 181322-42486, -42487, -42488, -42489, -42490, & - 42492 from Single-Family Residential (R-1) to Small Convenience Center (SCC) and amending the Zoning Map of the City of Yakima. WHEREAS, on August 22, 2024, Digital Design & Development submitted applications for Rezone and Environmental Review (RZ#005-24, SEPA#016-24) for parcels 181322-42486, -42487, -42488, -42489, -42490, and -42492, as referenced in Exhibit "A", requesting to rezone from Single-Family Residential (R-1) to Small Convenience Center (SCC); WHEREAS, the applications were considered complete for processing on November 7, 2024 and public notice was provided, in accordance with the provisions of YMC Ch. 15.23, on November 12, 2024, and December 17, 2024; and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsignificance issued on December 17, 2024, which was not appealed; and WHEREAS, after proper notice, on January 8, 2025, the Yakima Planning Commission (YPC) heard the staff presentation regarding the proposed Rezone, held a public hearing, and considered the public testimony; and, WHEREAS, pursuant to the approval criteria set forth in YMC § 15.23.030, the YPC recommended approval of the rezone from Single-Family Residential (R-1) to Small Convenience Center (SCC); and WHEREAS, the YPC recommendation and findings was signed by the Chair on February 3, 2025, a copy of which is found in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to YMC § 15.23.030, and after the required notice was provided, the Yakima City Council held a public hearing on March 18, 2025, to receive public comments on the Planning Commission's recommended findings on the proposed Rezone; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the testimony received at the public hearing held March 18, 2025, hereby finds and determines that approval of the requested Rezone is in the best interest of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings, Analysis and Conclusions. Subject to the specific terms of this Ordinance, the Yakima City Council adopts the February 3, 2025 findings, conclusions, and recommendation of the Yakima Planning Commission for RZ#005-24. A copy of said recommendation is attached as Exhibit "B". Section 2. Any and all official Zoning or similar maps shall be amended to reclassify the subject real properties set forth herein consistent with the above sections of this Ordinance. Section 3. Transmittal to State. Pursuant to RCW 36.70A.106, this Ordinance shall be transmitted to the Washington State Department of Commerce within ten days of adoption. Section 4. Severability/Validity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor, as necessary. Section 7. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 18th day of March, 2025. ATTEST: Patricia4pActNIA By s, Mayor � r Brandy Brad d, Deputy ity Clerk gSHINc;\ Publication Date: March 22, 2025 Effective Date: April 21, 2025 Exhibit A 181322-42486: Weber Square: Lot 25 181322-42487: Weber Square: Lot 26 181322-42488: Weber Square: Lot 27 181322-42489: Weber Square: Lot 28 EX W 10 FT ST R/W 181322-42490: Weber Square: Lot 29 EX W 10 FT ST R/W 181322-42492: Weber Square: Lots 32 THRU 39 EX N STR/W OF LOTS 32 & 33 ,$ot. Y`t.._ t COMMUNITY DEVELOPMENT DEPARTMENT ;.� �, Bill Preston,P.E,Director Exhibit B • Trevor Martin,AICP,Manager =! � " Planning Division ,.. 129 North Second Street,2nd Floor Yakima, Washington 98901 '. N."'''''" -_y Phone(509)575-6183 • Fax(509)575-6105 • Email:ask.planning@yakimawa.gov NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: February 4,2025 TO: Applicant,Adjoining Property Owners and Parties of Record SUBJECT: Notice of the Yakima Planning Commission's Recommendation FILE#(S): RZ.#005-24,SEPA#016-24 APPLICANT: Digital Design&Development on behalf of Lincoln Legacy West LLC PROJECT LOCATION: 103, 105, 107 N.40th Ave.,& 3902 Summitview Ave. On February 3, 2025, the City of Yakima Planning Commission rendered its written recommendation on RZ#005-24,SEPA#016-24.A proposal to rezone six parcels totaling 4 acres from Single-Family Residential(R-1)to Small Convenience Center(SCC). A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled.The City Clerk will notify you of the date,time,and place of the public hearing. For further information or assistance, you may contact the City of Yakima Planning Division at (509)575-6183 or email:ask.plannin+iai)vakimawa.gov Eva Rivera Planning Technician Date of Mailing: February 4,2025 Enclosures: Planning Commission's Recommendation Yakima Mag 1111. ans 1994 i COMMUNITY DEVELOPMENT DEPARTMENT .�i' Bill Preston,P,E.,Director .- --1.1 Trevor Martin,MCP,Manager ;.- , Planning Division r ' 129 North Second Street,2nd Floor, Yakima, Washington 98901 Phone(509)575-6183 • Fax(509)575-6105 • Email:ask.planning@yukimawa.gov YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR REZONE RZ#005-24, SEPA#016-24 February 3, 2025 WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 on June 6. 2017; and WHEREAS, The City of Yakima last amended its Zoning Ordinance (Title 15) on December 23, 2025; and WHEREAS, Under the provisions of YMC Ch. 15.23 a change in circumstances or conditions may warrant a change in the zoning map consistent with the goals, policies, and intent of the Yakima Comprehensive Plan 2040; and WHEREAS, Under the provisions of YMC Ch. 1.42 the Yakima Planning Commission (YPC) is responsible for the review of these applications and for recommending the approval, modification or denial of each request; and WHEREAS, On August 22, 2024 an application for a Rezone was submitted by Digital Design and Development on behalf of Lincoln Legacy West LLC, to rezone from Single-Family Residential (R-1)to Small Convenience Center(SCC), parcels 181322-42486, -42467, -42488, -42489, -42490, and-42492 (RZ#005-24, SEPA#016-24); and WHEREAS, The applications were considered complete for processing on November 7, 2024 and public notice was provided, in accordance with the provisions of YMC Ch. 15.23, on November 12, 2024, and Yak ma tag 2OL 1444 WHEREAS, SEPA Environmental Review was completed with a determination of Nonsignificance issued on December 17, 2024, which was not appealed (SEPA#016-24); WHEREAS,the Yakima Planning Commission held an open record public hearing on January 8, 2025 to hear testimony from the public, consider the Rezone, and provide a recommendation to the Yakima City Council; Now therefore,the Yakima Planning Commission presents the following findings of fact, conclusions, and recommendation to the Yakima City Council: APPLICATION#: RZ#005-24, SEPA#016-24 APPLICANT: Digital Design &Development APPLICANT ADDRESS: 1450 N 16th Ave. #102, Yakima, WA 98902 PROJECT LOCATION: 103, 105, 107 N. 40th Ave.. &3902 Summitview Ave. PARCEL(S): 181322-42486, -42487, -42488, -42489, -42490, &-42492 I. FINDINGS OF FACT; A. The applicant requests to Rezone from Single-Family Residential(R-1)to Small Convenience Center(SCC). B. The subject property is approximately 4 acres in size and is surrounded by commercial and residential uses with commercial and residential zoning. C. The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review during its January 8,2025 public hearing, with the recommendation of APPROVAL of the proposed rezone. D. The proposed Rezone from Single-Family Residential (R-1)to Small Convenience Center(SCC) is consistent with the applicable approval criteria in YMC§ 15.23.030, as follows: 1. Leanne Liddicoat, representing Lincoln Legacy West LLC,testified in favor of the proposed rezone. 2. Daniel Tilley, commercial representative for the developer, testified in favor of the proposed rezone. 3 Angela Gondo,the manager of the property at the corner of Summitview Ave. and N 40th Ave.which is currently zoned SCC, had concerns about how the future development would affect her property, specifically regarding access and traffic 4. Anna Shay, a nearby resident, had concerns about how the future development would affect the surrounding neighborhood. 5 The property is suitable for uses within the SCC zoning district. 2 6. The SCC zoning district is an implementing zone of the Community Mixed Use Future Land Use Designation 7. The property is currently capable of being served by all necessary public utilities. or have utilities extended, and can be accessed by public streets. 8. The proposed Rezone is considered compatible with the surrounding neighborhood and no mitigation is proposed at this time. 9. The public need for this Rezone is to provide for additional developable commercial land. II. MOTION Based on the testimony and evidence presented during the public hearing, it was moved and seconded that the City of Yakima Planning Commission draft findings of fact and forward a recommendation of approval,to the Yakima City Council.The motion carried 9-0. III. RECOMMENDATION The Planning Commission of the City of Yakima. having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed Rezone(RZ#005-24)from Single-Family Residential (R-1)to Small Convenience Center(SCC). SIGNED this 3rd day of February: 2025. By: ////.1� r'Gc Mary P e, Chair Yakima'Planning Commission 3 i4 e,.4401IIN + i,i I 11`OR`OAA I`D_1¢ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8.A. For Meeting of: March 18, 2025 ITEM TITLE: Closed record public hearing and Ordinance to consider the Planning Commission's recommendation regarding a rezone request located in the vicinity of 103-107 N 40th Ave and 3902 Summitview Ave SUBMITTED BY: Trevor Martin, Planning Manager *Eric Crowell, Senior Planner SUMMARY EXPLANATION: Digital Design and Development submitted a rezone application on behalf of Lincoln Legacy West LLC to rezone six lots totaling 3.12 acres from R-1 (Single Family Residential) to SCC (Small Convenience Center). The Planning Commission held an open-record public hearing on January 8, 2025, and submitted a recommendation of approval on February 3, 2025. The complete hearing record was distributed to City Council in the agenda packet on March 4, 2025, and can be found online at: https://www.yakimawa.gov/council/agendas-and-minutes/ ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Ordinance_RZ-005-24 Presentation RZ-005-24 260