HomeMy WebLinkAbout2020-035 Adopting Comprehensive Plan Amendment and Rezone for 8014 Occidental RdAN ORDINANCE
ORDINANCE NO. 2020-035
amending both the Future Land Use Map and Zoning Map of the City of
Yakima for parcel 181206-12454 as follows: Future Land Use Map from
Low Density Residential to Mixed Residential, and Zoning Map from Single
Family Residential (R-1) to Multifamily Residential (R-3)
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, applicants can choose to concurrently have a rezone request evaluated
and determined as part of the yearly comprehensive plan amendment process; and
WHEREAS, Chapter 16.10 of the Yakima Municipal Code provides procedures and
criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and
WHEREAS, on February 4, 2020, the City Council adopted Resolution No. R-2020-015
to open the Comprehensive Plan Amendment process for 2020; and
WHEREAS, on April 28, 2020, Hordan Planning Services, on behalf of Les Heimgartner,
submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental
Review (CPA#001-20, RZ#002-20, SEPA#011-20) requesting to change the Future Land Use
Map designation for parcel 181206-12454, which is legally described in Exhibit "B" attached
hereto and incorporated herein by this reference, from Low Density Residential to Mixed
Residential and to concurrently rezone from Single Family Residential (R-1) to Multifamily
Residential (R-3); and
WHEREAS, The applications were considered complete for processing on April 28,
2020 and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on
July 21, 2020; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on August 24, 2020, which was not appealed; and
WHEREAS, the City of Yakima Planning Commission (YPC) held study sessions to
review this Comprehensive Plan Amendment and Rezone on August 6, 2020 and September 9,
2020; and
WHEREAS, after proper notice, on September 23, 2020, the Yakima Planning
Commission (YPC) heard the staff presentation regarding the proposed CPA and Rezone, held
a public hearing, considered the public testimony; and,
WHEREAS, pursuant to the approval criteria set forth in YMC § 16.10.040 and YMC §
15.23.030, the YPC recommended approval of the proposal with a 4-1 vote; and
WHEREAS, the YPC recommendation and findings was signed by the Chair on October
9, 2020; 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 2, 2020, 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
and the recommendation from the Planning Commission, and after holding a public hearing on
November 2, 2020, where three comments were provided during the public testimony, two
opposed, and one in favor, and considering the testimony provided at the public hearing in
addition to the record provided, the Council initially denied the request; however, after
reconsideration, the City Council moved to adopt the Yakima Planning Commission's findings
and recommendations approving the CPA and Rezone request, by a vote of 4-0;
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 September 23, 2020 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#001-20 and RZ#002-20. A copy
of said recommendation is attached as Exhibit "A".
Section 2. 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 3. 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 4. Ratification. Any act consistent with the authority, and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 5. 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.
ATTEST:
Section 6. 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 1st day of December, 2020,
atfriciaBiers,Aayor
fr
'Sonya ikiaar Tee, City Clerk
Publication Date: December 4, 202
Effective Date: January 3, 2021
1111,11014.
.1011 111111A.
PI a riiiTri'
Exhibit "A"
Planning Commission Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
uu
Joseph Calhoun, Manager
129 North Second Street, 2" Floor, Yakima, WA 98901
as,k.plailitiolg,@yakimawa.gov - www,yakiniawa.goviservices!planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA/Mil-20, RZ9002-20
Issued October 7, 2020
Revised October 9, 2020
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 In June
6, 2017; and
WHEREAS, The Washington Growth Management Mt and local ordinances provide a
process for the annual review of amendments to the Plan as requested by citizens, property
owners andior 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 26, 2020 applications for Comprehensive Plan Amendment and
Rezone were submitted by Norden Planning Services, on behalf of Les Heimgartner to amend
the Comprehensive Plan Future Land Use Map Designation from Low Density Residential to
Mixed Residential, and concurrently Rezone from Single Family Residential (R-1) to Multifamily
Residential (R-3), parcel 181206-12454 (City File CPA#001-20, RZ#002-20); and
WHEREAS, The applications were considered complete for processing on April 28,
2020, and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on
July 21, 2020; and
WHEREAS, SERA Environmental Review was completed with a Determination of
Nonsignificance issued on August 24, 2020, which was not appealed (City File SEPA#011-20);
and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on August 6, 2020 and September 9, 2020; and
WHEREAS, The Yakima Planning Commission held an online open record public
hearing over Zoom on September 23, 2020 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 # CPAS001-20, RZ#002-20
APPLICANT: Harden Planning Services, on behalf of Les Heimgartner
APPLICANT ADDRESS: 410 N 2nd SI., Yakima, WA 98902
PROJECT LOCATION: 8014 Occidental Rd
PARCEL(S) : 181206-12454
ENDINGS OF FACT
1, The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Low Density Residential to Mixed Residential with a concurrent Rezone
from Single Family Residential (R-1) to Multifamily Residential (R-3).
2, The subject parcel is approximately 2,88 acres in size and is surrounded by mini
storage, residential development, and vacant land,
3. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their September 23, 2020 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 § 18,10,040, as follows:
a. This change is being proposed to allow greater flexibility in the development of this
vacant land. The site has topographical constraints, and this proposal will allow for
the consideration of additional uses on the site, such as multifamily residential and
residential mini storage
bThe Mixed Residential 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. The impact should be minimal because the property under consideration could still
be used for residential housing, as well as other uses, The site is also adjacent
existing Mixed Residential property to the west. The total acreage of this proposal
will remove 2.86 acres of Low Density Residential land
5_ The proposed Rezone from Single Family Residential (R-1) to Multifamily Residential (R-
3) is consistent with the applicable approval criteria in YMC § 15,23.030, as follows:
a. Testimony at the public hearing was considered
b, The property is suitable for uses within the R-3 zoning district. Mixed Use future
development will allow for additional development considerations on a lot that has
topographical constraints.
c. The R-3 zoning district is an implementing zone of the Mixed Residential Future
Land Use Designation,
cl. 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, Mitigation measures will be considered
during a project action on the site,
f. The public need for this Rezone is to create more land for multifamily development.
CONCLUSIONS
t The Amendment and Rezone are minor in nature;
2
2, No adverse impacts have been identified;
3. Five (5) written comments and five (5) verbal comments re received during public
testimony in opposition to the request,
4. This proposal unde ant Environmental Review;
5, The proposed Comprehensive Plan Future Land Use Map Amendment from Low
•risity Residential to Mixed Residential with a concurrent Rezone from Single Family
Residential (R-1) to Multifamily (R-3) is consistent with the Yakima Urban Area Zoning
Ordinance and Yakima Comprehensive Plan 2040.
OTION
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 4-1.
RECOMMENDATION To CJTV COUNCIL
e Planning Commission of the City of Yakima having received and considered all evidence
and testimony presented at the public hearing, and having received and revi: ed the record
herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed
Comprehensive Plan Amendment from Low Density Residential to Mixed Residential and
Rezone from Single Family Residential (R-1) to Multifamily Residential (R-3) for files CPA#001-
20 and RDA:102-20,
RECO MENDED this 9'1' day of
•
b r, 2020.
Yakima Planning Commission
Exhibit "B"
Legal Description
Parcel 181206-12454: Parcel A shown on that certain record of survey recorded under AF#
8001031, records of Yakima County, Washington
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 7.
For Meeting of: December 1, 2020
Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#001-20) and concurrent
Rezone (RZ#002-20) request by Les Heimgartner for property at
8014 Occidental Rd
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin, Associate Planner (509) 575-6162
SUMMARY EXPLANATION:
City Council of the City of Yakima, having considered the record herein and the recommendation
from the Planning Commission, and after holding a public hearing on November 2, 2020, where
three comments were provided during the public testimony, two opposed, and one in favor, and
considering the testimony provided at the public hearing in addition to the record provided. The
Council initially denied the request; however, after reconsideration, the City Council moved to
adopt the Yakima Planning Commission's findings and recommendations approving the CPA and
Rezone request, by a vote of 4-0.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance.
ATTACHMENTS:
Description Upload Date
D 1rdinance 11/19/20
Type
dinance