HomeMy WebLinkAbout2018-043 Comprehensive Plan Amendment and Rezone; Riverpointe Landing LLC / Westtowne LLC ORDINANCE NO. 2018-043
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for parcels 181321-33005, 181313-22002, and 181312-33003 as
follows: Future Land Use Map from Regional Commercial to Industrial,
and Zoning Map from Large Convenience Center(LCC) to Light Industrial
(M-1)
WHEREAS, the City of Yakima is required to plan under the Washington State Growth
Management Act (GMA), RCW 36.70A.040; 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 amendment (CPA) 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. 16.10 YMC to provide
procedures and criteria for amending and updating the Yakima Urban Area Comprehensive
Plan; and
WHEREAS, on February 6, 2018, the City Council adopted Resolution No. R-2018-015
to open the Comprehensive Plan Amendment process for 2018; and
WHEREAS, on April 30, 2018 Hordan Planning Services, on behalf of Riverpointe
Landing LLC., submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review (CPA#004-18, RZ#005-18, SEPA#007-18) requesting to change the
Future Land Use Map designation for parcels 181321-33005, 181313-22002, and 181312-
33003, which is legally described in Exhibit "B" attached hereto and incorporated herein by this
reference, from Regional Commercial to Industrial and to concurrently rezone from Large
Convenience Center (LCC) to Light Industrial (M-1); and
WHEREAS, The applications were considered complete for processing on May 29, 2018
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 8,
2018, and July 5, 2018; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 5, 2018, which was not appealed; and
WHEREAS, The City of Yakima Planning Commission (YPC) held a study session to
review this Comprehensive Plan Amendment and Rezone on July 11, 2018; and
WHEREAS, the YPC held a properly noticed public hearing on August 22, 2018, and
heard the staff presentation regarding the proposed CPA and Rezone, held a public hearing,
considered public testimony; and,
WHEREAS, pursuant to the approval criteria set forth in YMC § 16.10.040 and YMC §
15.23.030, the YPC unanimously recommended approval of the proposal; and
WHEREAS, the YPC recommendation was signed by the Chair on August 31, 2018, a
copy of which is found in Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, pursuant to YMC § 16.10.090, and after the required notice was provided,
the Yakima City Council held a public hearing on November 6, 2018, to receive public
comments on the Planning Commission's recommended findings on the proposed CPA and
Rezone; and
WHEREAS, the City Council of the City of Yakima, having considered the record herein,
the comments received at the public hearing held November 6, 2018, and the recommendation
from the Planning Commission, hereby finds and determines that approval of the requested
CPA and Rezone is in the best interest of residents and 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 August 31, 2018 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#004-18 and RZ#005-18. A copy
of said recommendation is attached as Exhibit "A".
Section 2. Any and all official Zoning, Future Land Use, 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. SeverabilityNalidity. 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.
Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
AIWA IIaw1. Joan Davenport,AICP, Director
dross RIA0
®itimb, Planning Division
CITY Of YAKIMA Joseph Calhoun,Manager
Panning 129 North Second Street,21"Floor,Yakima, WA 98901
ask.planning@yakimawa.gov yakimawa.gov•www.yakimawa.gov/services/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#004-18, RZ#005-18
August 31, 2018
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 in June
6, 2017; and
WHEREAS,The City of Yakima last amended its Title 15 Zoning Ordinance on June 6,
2017; 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 local government; 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 April 30, 2018 applications for Comprehensive Plan Amendment and
Rezone were submitted by Hordan Planning Services, on behalf of Riverpointe Landing LLC., to
amend the Comprehensive Plan Future Land Use Map Designation from Regional Commercial
to Industrial, and concurrently Rezone from Large Convenience Center(LCC) to Industrial(M-
1), parcels: 181321-33005, 181313-22002,& 181312-33003 (City File CPA#004-18, RZ#005-
18); and
WHEREAS,The applications were considered complete for processing on May 29, 2018
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 8,
2018, and July 5, 2018; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 5, 2018,which was not appealed (City File SEPA#007-18); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on July 11, 2018; and
WHEREAS,The Yakima Planning Commission held an open record public hearing on
August 22, 2018 to hear testimony from the public, consider the Amendment and Rezone, and
provide a recommendation to the Yakima City Council;
Now therefore,the Yakima City Planning Commission presents the following findings of
fact, conclusions,and recommendation to the Yakima City Council:
APPLICATION# CPA#004-18, RZ#005-18
APPLICANT: Hordan Planning Services on behalf of Riverpointe Landing LLC.
APPLICANT ADDRESS: 410 N 2nd St.,Yakima, WA 98901
PROJECT LOCATION: 1429, 1431,& 1439 N 16th Ave.
PARCEL(S): 181312-33005, 181313-22002, & 181312-33003
FINDINGS OF FACT
1_ The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Regional Commercial to Industrial with a concurrent Rezone from
Large Convenience Center(LCC)to Industrial(M-1).
2. The subject parcels are approximately 6.74 acres in size and are surrounded by vacant
Property.
3. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their August 22,2018 public hearing,with the
recommendation of APPROVAL of the proposed amendment and rezone.
4. The proposed Comprehensive Plan Amendment is consistent with the applicable
approval criteria in YMC § 16.10.040, as follows:
a. This project is being processed to facilitate the future westward expansion of the
existing industrial operations.
b. The Industrial designation implements several goals and policies of the 2040 plan.
c. The amendment does not correct an obvious mapping error, does not address a
deficiency of the 2040 plan,and is consistent with the Growth Management Act and
County-wide Planning Policies.
d. In consideration of cumulative impacts, even though this amendment will remove
Regional Commercial and, there will still be approximately 565.88 acres of
Commercial Mixed-Use property within the city limits.
5. The proposed Rezone from Large Convenience Center(LCC)to Industrial(M-1) is
consistent with the applicable approval criteria in YMC§ 15.23.030,as follows:
a. Bill Hordan from Hordan Planning Services testified on behalf of the applicant in
favor of the proposed amendment and rezone.
b. The property is suitable for uses within the M-1 zoning district and will facilitate a
consistent pattern of westward industrial development.
c. The M-1 zoning district is an implementing zone of the Industrial Future Land Use
Designation.
d. The property is currently capable of being served by all necessary public utilities and
can be accessed by public streets.
e. The proposed Rezone is considered compatible with the surrounding neighborhood
and no mitigation is proposed at this time.
f. The public need for this Rezone is to provide additional area for industrial
development.
YIIItITA
2013
19.14
CONCLUSIONS
1. The Amendment and Rezone are minor in nature;
2. No adverse impacts have been identified;
3. No written comments or testimony was received in opposition to the request;
4. This proposal underwent Environmental Review;
5. The proposed Comprehensive Plan Future Land Use Map Amendment from Regional
Commercial to Industrial with a concurrent Rezone from Large Convenience Center
(LCC)to Industrial (M-1)is consistent with the Yakima Urban Area Zoning Ordinance
and Yakima Comprehensive Plan 2040.
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 unanimously.
RECOMMENDATION TO CITY COUNCIL
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
Comprehensive Plan Amendment from regional Commercial to Industrial and Rezone from
Large Convenience Center(LCC)to Industrial (8-1)for files CPA#004-18 and RZ#005-18.
RECOMMENDED this 315'day of August 2018.
By: a' / f�
Pa Iola Byers,Ch r
Ypklma Planning ommission
fakir.
1194
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Exhibit "B"
Legal Description
Parcel 181312-33003:
Section 12 Township 13 Range 18 Quarter SW: TH PT OF SW1/4 SW1/4 BEG AT A PT 194.2
FT N OF SW COR SW1/4 SW1/4,TH E 448.7 FT,TH N 1126 FT,TH W 459.5 FT,TH S TO
POB.EX N 264 FT OF W 200 FT & EX R-W OF SR 12
Parcel 181312-33005:
Section 12 Township 13 Range 18 Quarter SW: BEG AT SW COR OF SEC,TH N 0 D 52'E
194.2 FT,TH N 88 D 41'E 448.7 FT,TH S 1 D 25'W 194.2 FT,TH S 88 D 44'W TO BEG.EX W 25
FT TO CITY FOR R-W& EX R-W OF SR 12
Parcel 18131322002:
Section 13 Township 13 Range 18 Quarter NW: BEG AT NW COR OF SEC,TH S 49.8 FT,TH N
88 D 41'E 445.6 FT,TH N 1 D 25'E 49.8 FT,TH S 88 D 41'W TO BEG EX W 25 FT TO CITY
FOR R/W & EX RAN OF SR 12
PASSED BY THE CITY COUNCIL, signed and approved this 13th day of November, 2018.
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Publication Date: November 16, 20�1$'` ac,<l,Effective Date: December 16, 2018
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.F.
For Meeting of: November 13, 2018
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#004-18)and concurrent
Rezone (RZ#005-18) request by Riverpointe Landing LLC /
Westtowne LLC
SUBMITTED BY: Joan Davenport,AICP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin,Associate Planner(509) 575-6162
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on November 6, 2018 to consider
the Yakima Planning Commission's (YPC) recommendation on this request. Following the public
hearing, the City Council directed planning staff to prepare appropriate legislation to approve this
request consistent with the YPC Recommendation.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR City Manager
SUBMITTAL: g
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D achnance 10/31/2018 achnance