HomeMy WebLinkAbout07/22/2025 03.A. Closed record public hearing and Ordinance to consider the Hearing Examiner's recommendation regarding a rezone request at 203 and 207 Oak Avey7ljlt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.A.
For Meeting of: July 22, 2025
ITEM TITLE: Closed record public hearing and Ordinance to consider the Hearing
Examiner's recommendation regarding a rezone request at 203 and
207 Oak Ave
SUBMITTED BY: Trevor Martin, Planning Manager
Connor Kennedy, Associate Planner
SUMMARY EXPLANATION:
Rick Glenn submitted a rezone application on behalf of Jay and Kendra Glenn to rezone two lots totaling
0.55 acres from M-1 (Light Industrial) to GC (General Commercial).
The Hearing Examiner held an open-record public hearing on May 22, 2025, and submitted a
recommendation of approval on May 30, 2025.
The complete hearing record was distributed to City Council in the agenda packet on June 17, 2025 and
can be found online at:
https://www.yakimawa.gov/council/agendas-and-minutes/
Ordinance was reviewed by Legal on July 15, 2025.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Thriving Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
RZ#001-25 SEPA#003-25 ORDINANCE.docx
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ORDINANCE NO. 2025-
AN ORDINANCE rezoning parcels 181313-11427 and 181313-11429 from Light Industrial
M-1) to General Commercial (GC) and amending the Zoning Map of the
City of Yakima.
WHEREAS, on February 28, 2025, Rick Glenn submitted applications for Rezone and
Environmental Review (RZ#001-25, SEPA#003-25) for parcels 181313-11427 and 181313-
11429 requesting to rezone from Light Industrial (M-1) to General Commercial (GC;
WHEREAS, the applications were considered complete for processing on March 26,
2025, and public notice was provided, in accordance with the provisions of YMC Ch. 15.23, on
March 27, 2025; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on April 17, 2025, which was not appealed; and
WHEREAS, after proper notice, on May 22, 2025, the Hearing Examiner 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 Hearing
Examiner recommended approval of the rezone from Light Industrial (M-1) to General
Commercial (GC); and
WHEREAS, the Hearing Examiner recommendation and findings were signed by Gary
Cuillier on May 30, 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 July 22, 2025, to receive public comments on
the Hearing Examiner'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 July 22, 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 May 30, 2025 findings, conclusions, and
recommendation of the Hearing Examiner for RZ#001-25. 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.
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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 22nd day of July, 2025.
ATTEST:Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
Publication Date:
Effective Date:
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Exhibit "A"
Legal Description
Parcel No: 181313-11427 —CENTRAL ADDITION LOTS 10 & 11 BLK 3
Parcel No: 181313-11429 —CENTRAL ADDITON LOTS 12, 13 & 14 BLK 3
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Exhibit "B"
Hearing Examiner's Recommendation
v Ye "". COMMUNITY DEVELOPMENT DEPARTMENT
41:01.1i71.7;k Bill Preston,P.E.,Director
Trevor Martin,AICP,Manager
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Planning Division
eae/ 129 North Second Street,2nd Floor Yakima,Washington 98901
Phone(509)575-6183•Fax(509)575-6105•Email:ask.planning@yakimawa.gov
NOTIFICATION OF HEARING EXAMINER'S
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
DATE: June 3,2025
TO: Applicant,Adjoining Property Owners and Parties of Record
SUBJECT: Notice of the Hearing Examiner's Recommendation
FILE#(S): RZ#001-25,SEPA#003-25
APPLICANT: Rick Glenn
PROJECT LOCATION: 203&207 OAK AVE
On May 30, 2025, the City of Yakima Hearing Examiner issued their recommendation for
RZ#001-25 and SEPA#003-25, a proposed rezone and environmental review for two parcels
totaling.55 acres from Light Industrial(M-1)to General Commercial(GC).This application was
reviewed during an open record public hearing held on May 22,2025.
Enclosed is a copy of the Hearing Examiner's Recommendation. The recommendation will be
considered by the Yakima City Council at a public hearing, which will be scheduled at a later
date.The City Clerk's Office will notify you of the date,time,and location of the hearing.
If you have any questions or need further assistance,please contact the assigned planner,Connor
Kennedy at(509)575-6162 or via email at connor.kennedy@yakimawa.gov.
va Rivera
Planning Technician
Date of Mailing:June 3,2025
Enclosures: Hearing Examiner's Recommendation
Yakima
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City of Yakima, Washington
Hearing Examiner's Recommendation
May 30,2025
In the Matter of an Application )
Submitted for:
Jay L. & Kendra L. Glenn RZ#001-25
By Rick Glenn SEPA#003-25
For a Nonproject Rezone of Two )
Parcels from the Light Industrial )
M-1)Zoning District to the
General Commercial (GC)Zoning )
District at 203&207 Oak Street )
A. Introduction. The findings relative to the open record public hearing process for
this application may be summarized as follows:
1)The Hearing Examiner conducted an open record public hearing relative to this
application on May 22,2025.
2) The thorough staff report presented by Associate Planner Connor Kennedy
recommended approval of this application for a nonproject Rezone of two parcels at 203
and 207 Oak Street west of North Pt Street from the Light Industrial (M-1) zoning
district to the General Commercial (GC) zoning district. The Rezone is referred to as a
nonproject Rezone because there is no request for approval of a specific use of the
property at this time.
Jay L.and Kendra L.Glenn 1
Rezone from M-1 to GC
203 and 207 Oak Street RECEIVED
RZ#001-25;SEPA#003-25
MAY 3 0 2025
VII Y lit YAKIMA
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3)The representative/agent of the applicants/property owners for this application,
Rick Glenn, testified that the owners of nearby properties did not join in this Rezone
request due to a fear that their property taxes might go up; that a potential buyer of the
subject property desires that it be rezoned in order to possibly allow the construction of
multifamily housing on the undeveloped parcel which is not allowed under the current
Light Industrial(M-1)zoning; and that the proposed GC zoning is contiguous to existing
GC zoning. This Rezone request would also allow the existing multifamily complex on
the other adjacent parcel to become a conforming use rather than a nonconforming use.
4) No one else appeared to testify at the hearing and no written public comments
were submitted before or during the open record public hearing.
5) This recommendation to the Yakima City Council has been issued within ten
business days of the open record public hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve the requested Rezone of the subject two parcels from the
Light Industrial(M-1)zoning district to the General Commercial(GC)zoning district.
C. Basis for Recommendation. Based upon a view of the site and surrounding area
on May 16, 2025, with no one else present; the application, staff report, exhibits and
testimony presented at the open record public hearing conducted on May 22, 2025; and a
review of both the 2040 Yakima Urban Area Comprehensive Plan and the Yakima Urban
Area Zoning Ordinance, Title 15 of the Yakima Municipal Code (YMC); the Hearing
Examiner makes and issues the following:
FINDINGS
I. Property Owners/Applicants/Representative. The property owners and the
Jay L.and Kendra L.Glenn 2
Rezone from M-1 to GC
203 and 207 Oak Street ECEIVED
RZ#001-25;SEPA#003-25
MAY 3 0 2025
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applicants for this Rezone request are Jay L.and Kendra L.Glenn, 1375 Cinnamon Ridge
Way,Provo,UT 84606.Their representative and agent for this application is Rick Glenn,
623 North 53rd Avenue,Yakima,WA 98908.
II. Location. Parcel No. 181313-11429 which is 203 Oak Street at the corner of Oak
Street and North Front Street contains an existing 15-unit multifamily apartment complex
and is adjacent to General Commercial zoning to the east across North Front Street and to
the south across Oak Street. Parcel No. 181313-11427 adjacent thereto on the west is
207 Oak Street and is currently undeveloped.
III. Application. The main aspects of this application for approval of a Rezone may be
summarized as follows:
1)Applications for a Rezone of parcels at 203 and 207 Oak Street from the Light
Industrial (M-1) zoning district to the General Commercial (GC) zoning district and for
Environmental Review were received on February 28, 2025, and were deemed to be
complete for processing on March 26,2025.
2)These applications are being processed under YMC Chapter 15.23 for Rezone
Review and YMC Chapter 6.88 for Environmental Review. Pursuant to YMC Chapter
1.43 and YMC §15.23.030, the Hearing Examiner has the authority to hold a public
hearing and provide a recommendation to the City Council regarding a Rezone request.
IV. Notices.Notices for the May 22,2025, open record public hearing were provided in
accordance with YMC Table 11-1 in YMC §15.11.020, YMC §15.11.080 and YMC
16.05.010 as follows:
1)The property was posted with a land use action sign on March 26,2025.
Jay L.and Kendra L.Glenn 3
Rezone from M-1 to GC
203 and 207 Oak Street
RZ#001-25;SEPA#003-25
MAY 3 0 2025
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2) A Notice of Public Hearing & Determination of Nonsignificance was sent to
the applicant, SEPA reviewing agencies,parties of record and owners of property within
300 feet of the subject property on April 17,2025.
3)A Notice of Public Hearing was also published in the Yakima Herald-Republic
on April 17,2025.
4) No written public comments were received before or during the open record
public hearing, and no Development Services Team comments were received as a result
of the April 1,2025 DST meeting.
V. Environmental Review. A Notice of Application and Environmental Review was
mailed to the applicants, SEPA reviewing agencies, and the owners of property within
300 feet of the subject property on March 27, 2025, with a comment period ending on
April 10, 2025. No comments were received during the comment period. The SEPA
Determination of Nonsignificance(DNS)issued on April 17,2025,was not appealed.
VI. Zoning and Land Uses. The zoning of the 0.55 acres proposed for Rezone is
currently Light Industrial (M-1) which does not allow multifamily housing under any
level of review. The parcel at 203 Oak Street contains a multifamily apartment complex
and the adjacent parcel to the west at 207 Oak Street is undeveloped. The adjacent or
nearby properties currently have zoning and land use characteristics that can be described
as follows:
Location Existing Zoning Existing Land Use
North Light Industrial(M-1) Residential&Undeveloped
South Light Industrial&General Commercial Gospel Mission&Undeveloped
East General Commercial(GC)Undeveloped
West Light Industrial(M-1) Residential
Jay L.and Kendra L.Glenn 4
Rezone from M-I to GC
203 and 207 Oak Street R Er TRIED
RZ#001-25;SEPA#003-25
MAY 3 €9 2025
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VII. Applicants' Written Description of the Grounds for Approval of This
Application. The applicants' description of the grounds for approval of the requested
Rezone are set forth as follows in italics following the City's requests for detailed
information:
1) How is the subject property suitable for uses permitted under the proposed
zoning?Multifamily uses are permitted in the GC zone.
2) What is the status of existing land use? Undeveloped.
3) How is the rezone request in compliance with and/or how does the request
deviate from the Yakima Urban Area Comprehensive Plan? Meets Future Land Use
Designation.
4) Arc there adequate public facilities, such as traffic capacity, sewer services,
potable water, stormwater drainage, schools, fire and police services, and other public
services and infrastructure existing on and around the subject property? Yes.
5) Are the existing public facilities capable of supporting the most intensive use
of the new (requested) zone? If not, what mitigating measures are going to be
implemented to address any short falls in public services that may exist?Yes.
6) How is the proposed zone change compatible with the existing neighboring
uses?Block contains 3 SFR lots, 1 15-unit apt., and vacant lots.
7) What mitigating measures are planned to address incompatibility, such as
sitescreening,buffering,building design,open space,traffic flow alteration,etc.?None.
8) What is the public need for the proposed change? Yakima is deficient in
housing.
VIII. Rezone Review Criteria.The Hearing Examiner's recommendation regarding a
Rezone application within the Yakima Urban Area must be based upon the following
criteria specified in YMC §15.23.030(D):
1) The testimony at the public hearing.Notice of the public hearing was given
by posting on the property, by mailing to SEPA agencies and all owners of property
Jay L.and Kendra L.Glenn 5
Rezone from M-1 to GC
203 and 207 Oak Street RECEIVED
RZ#001-25;SEPA#003-25
MAY 3 G 2025
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within 300 feet of the subject property, and by publishing in the newspaper wherein the
public was invited to submit written and/or oral comments at the public hearing on this
proposed Rezone. No written public comments were received. All of the testimony
presented at the hearing by Associate Planner Connor Kennedy and by the applicants'
representative Rick Glenn favored approval of the Rezone.
2) The suitability of the property in question for uses permitted under the
proposed zoning. The subject parcels are suitable for uses permitted in the General
Commercial (GC) zoning district in part because the intended multifamily use of the
undeveloped parcel is the same as an existing multifamily apartment complex on the
other adjacent parcel. That use is not a permitted use in the existing Light Industrial(L-I)
zoning district.But that type of housing is a Class(2)use subject to administrative review
in the proposed General Commercial(GC)zoning district.There are also other residential
and commercial uses in the area of the type that are subject to either Type 1, Type 2 or
Type 3 review in the proposed General Commercial(GC)zoning district.
3)The recommendation from interested agencies and departments. The only
agency or department recommendation is the City Planning Division's recommendation
to approve this requested Rezone. No agencies or departments recommended denial of
this requested Rezone.
4) The extent to which the requested zoning amendment is in compliance
with and/or deviates from the goals and policies as adopted in the Yakima Urban
Area Comprehensive Plan and the intent of the zoning ordinance. The requested
General Commercial(GC)zoning district implements the current Community Mixed-Use
designation of the two parcels which is intended to allow a mixture of neighborhood
scaled retail, commercial, service, office and high density residential uses. On the other
hand, the current Light Industrial (M-1) zoning does not implement their Community
Mixed-Use Comprehensive Plan designation. The proposed GC zoning would also be in
compliance with the following Goal and Policies in the 2040 Comprehensive Plan:
a) Goal 2.1: Establish a development pattern consistent with the
community's vision.
b) Policy 2.1.1: Designate the general distribution, location, and
extent of the uses of land for housing commerce, recreation, open spaces,
public utilities,and facilities and other uses.
c)Policy 2.1.4: Manage and maintain the City's Official Zoning Map
to ensure continued consistency with the Future Land Use Map.
Jay L.and Kendra L.Glenn 6
Rezone from M-1 to GC
203 and 207 Oak Street RECEIVED
RZ#001-25;SEPA#003-25
MAY 3 0 2025
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The requested Rezone is also in compliance with the intent of the zoning
ordinance, YMC Title 15, if it satisfies all of these seven criteria set forth in YMC
15.23.030(D)for approval of a rezone.
5) The adequacy of public facilities, such as roads, sewer, water and other
required public services.The parcels are accessed by Oak Street and North Front Street
which are paved City Local Access Streets. The parcels are served by City of Yakima
sewer and water services. Various other utilities are available to serve the property such
as electricity,telephone and garbage collection services and various other public services
are available to serve the property such as the City's Fire and Police departments.
6) The compatibility of the proposed zone change and associated uses with
neighboring land uses. The requested Rezone to the GC zoning district would be an
extension of existing adjacent GC zoning to the east and south of the parcels. It would
allow for Type (2) administrative review of a future multifamily residential use on the
undeveloped parcel that would be similar to the neighboring multifamily residential use
on the other parcel. It would also potentially allow for administrative or public hearing
review of other types of General Commercial uses that would be similar to existing uses
of that type in the area.
7) The public need for the proposed change. This proposed change will bring
the zoning of the two subject parcels into conformance with their Comprehensive Plan
2040 future land use designation of Community Mixed-Use while also allowing the
undeveloped parcel to be developed for needed housing in a way that is similar to nearby
residential uses.
CONCLUSIONS
Based upon the foregoing Findings,the Hearing Examiner concludes as follows:
1) Pursuant to YMC Chapter 1.43, the Hearing Examiner has jurisdiction to
recommend approval by the Yakima City Council of the requested Rezone of the two
parcels at 203 and 207 Oak Street comprising a total of about 0.55 acres from the Light
Industrial(M-1)zoning district to the General Commercial(GC)zoning district.
2) Public notice for the May 22, 2025, open record public hearing was provided
in accordance with zoning ordinance requirements.
Jay L.and Kendra L.Glenn 7
Rezone from M-1 to GC
203 and 207 Oak Street RECEIVED
RZ#001-25;SEPA#003-25
MAY 3 0 2025
uPLANNING D V
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3) A final SEPA Determination of Nonsignificance (DNS) for this requested
Rezone was issued on April 17,2025,and became final without any appeals.
4)The requested Rezone will result in a change from the current Light Industrial
M-1) zoning which is not in compliance with the property's Comprehensive Plan
Community Mixed-Use designation to General Commercial (GC) zoning which will be
in compliance with the property's Comprehensive Plan designation and which will also
result in zoning that will be in compliance with Goal 2.1 and Policies 2.1.1 and 2.1.4 of
the 2040 Yakima Urban Area Comprehensive Plan.
5) General Commercial (GC) zoning is permitted for the subject parcels located
within the Community Mixed-Use designation of the City's 2040 Comprehensive Plan in
locations where,as here,it will be compatible with neighboring land uses.
6)The requested Rezone satisfies all of the requisite criteria for its approval that
are set forth in YMC §15.23.030(D).
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that this
application for a Rezone of Parcel No. 181313-11429 at 203 Oak Street and of Parcel No.
181313-11427 at 207 Oak Street from the Light Industrial (M-1) zoning district to the
General Commercial (GC) zoning district in accordance with the documentation
submitted for City File Nos.RZ#001-25 and SEPA#003-25 be APPROVED.
DATED this 30th day of May,2025.
hi-C4-47 ilk_ CI...al:—
Gary M. Cuillier,Hearing Examiner
Jay L.and Kendra L.Glenn 8
Rezone from M-1 to GC RECEIVED203and207OakStreet
RZ#001-25;SEPA#003-25
MAY 3 0 2025
GII Y OF YAKIW1,
PLANNING DIV
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