HomeMy WebLinkAbout2021-030 Ordinance adopting the City Council's decision on CPA#002-21 and RZ#002-21AN ORDINANCE
ORDINANCE NO. 2021-030
amending the Future Land Use Map and Zoning Map of the City of
Yakima for a portion of parcel 181321-13468 as follows: Future Land Use
Map from Mixed Residential to Community Mixed -Use and Zoning Map
from Two -Family Residential (R-2) to Local Business (B-2)
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 January 19, 2021, the City Council adopted Resolution No. R-2021-009
to open the Comprehensive Plan Amendment process for 2021; and
WHEREAS, on April 27, 2021, Yakima Valley Farmworkers Clinic submitted applications
for Comprehensive Plan Amendment, Rezone, and Environmental Review (CPA#002-21,
RZ#002-21, SEPA#012-21) requesting to change the Future Land Use Map designation for a
portion of parcel 181321-13468, which is legally described in Exhibit "B" attached hereto and
incorporated herein by this reference, from Mixed Residential to Community Mixed Use and to
concurrently rezone from Two -Family Residential (R-2) to Local Business (B-2); and
WHEREAS, The applications were considered complete for processing on June 4, 2021
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June
25, 2021, and July 22, 2021; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 22, 2021, 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 14, 2021; and
WHEREAS, after proper notice, on August 11, 2021, 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 unanimously recommended approval of the proposal; and
WHEREAS, the YPC recommendation and findings was signed by the Chair on August
25, 2021, 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 1, 2021, 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, the comments received at the public
hearing held November 1, 2021, 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 I. Findings, Analysis and Conclusions. Subject to the specific terms of this
Ordinance, the Yakima City Council adopts the August 11, 2021 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#002-21 and RZ#002-21. 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. 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.
YAKiMA
r cinning
Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2" Floor, Yakima, WA 98901
ask. pl atm n g@ya ki mawa.gov • www.yakimawa.gov/services/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#002-21, RZ#002-21
August 11, 2021
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 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 27, 2021 applications for Comprehensive Plan Amendment and
Rezone were submitted by Yakima Valley Farmworkers Clinic., to amend the Comprehensive
Plan Future Land Use Map Designation from Mixed Residential to Community Mixed -Use, and
to concurrently rezone from Two -Family Residential (R-2) to Local Business District (B-2), a
portion of parcel 181321-13469 (City File CPA#002-21, RZ#002-21); and
WHEREAS, The applications were considered complete for processing on June 4, 2021
and public notice was provided, in accordance with the provisions of YMC Ch. 16,10, on June
25, 2021, and July 22, 2021; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 22, 2021, which was not appealed (City File SEPA#012-21); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on July 14, 2021; and
WHEREAS, The Yakima Planning Commission held an open record public hearing on
August 11, 2021 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 # CP/w#002-21.RZ#002-21
APPLICANT: Yakima Valley FonnwurkomClinic
APPLICANT ADDRESS: 6V4VV.1,nAve. Toppnnioh.VVAVOS48
PROJECT LOCATION: n1O8GummitvimwAve.
FINDINGS OF FACT
1� The applicant requests toamend the Comprehensive Plan Future Land Use Map
designation from Mixed Residential tCommunity
from Two -Family Residential (R-2) to Local Business District (B-2)_
_ The subject parcel _ approximately ..~ acres .. size, but the area subject to the rezone
m.4Oacres insize, and insurrounded byvacant, single family, and multifamily uses.
O. The City nfYakima Planning Division provided adetailed staff report tuthe Planning
Commission for review during their August 11.2O21 public hearing, with the
recommendation ofAPPROVAL ofthe proposed amendment and rezone,
4. The proposed Comprehensive Plan Amendment inconsistent with the applicable
approval criteria invmC§1O.1O.O4O.aofollows:
o. This project isbeing processed Uofacilitate the creation ofasingle contiguous zoning
boundary.
b' The Community Mixed -Use designation implements several goals and policies of the
2840p|an,
c. The amendment does not correct mnobvious mapping does not address a
deficiency ufthe 2O4Oplan, and iuconsistent with the Growth Management Act and
County -wide Planning Policies.
d. The impact should be minimal because the property under consideration is better
suited for industrial development as opposed to commercial use, The total acreage
vfthis proposal will remove 4Oacres ofLow Density Residential land. Howevor,
examining all proposals for the previous cycles since 2018, the net impact is an
increase of3.39acres ofCommunity Mixed -Use land and a1.84acre increase or
Mixed Residential land.
5 The proposed Rezone from Two-family Residential (R-2) to Local Business District (B-2)
is consistent with the applicable approval criteria in YMC § 15.23.030, as follows:
o Testimony at the public hearing was considered.
b, The property is suitable for uses within the B-2 zoning district and will facilitate a
single contiguous zoning district.
c, The B-2 zoning district is an implementing zone of the Community Mixed -Use Future
Land Use Designation.
d. The property iocurrently capable ufbeing served byall necessary public utilities and
can boaccessed bypublic streets.
e. The proposed Rezone is considered compatible with the surrounding neighborhood
and nomitigation io proposed at this Umo-
f. The public need for this Rezone is to create more land for commercial development.
CONCLUSIONS
1. The Amendment and Rezone are minor innoium
o. Nuadvemeimpa�whave been �or��ed; '
o. Nowritten comments ortestimony was received inopposition tothe request;
4. This proposal underwent Environmental Review;
o. The proposed Comprehensive Plan Future Land Use Map Amendment from Mixed
Residential tnCommunity Mixed -Use and toconcurrently rezone from Two -Family "^'~^
'U|[
mm
1994
Residential (R-2) to Local Business District (B-2) is consistent with the Yakima Urban
Area Zoning Ordinance and Yakima Comprehensive Plan oO4D.
MOTION
Based onthe testimony and evidence presented during the public hearing, it was moved and
seconded that the City ofYakima Planning Commission draft findings uffact and forward e
recommendation of approval to the Yakima City Council. The motion carried unanimously,
RE�OooMENQwT|OmnO C| COUNCIL
The Planning Commission of the City ofYakima, having i d 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 Mixed Residential toCommunity Mixed'Uoeand
Rezone from Two -Family Residential (F-2)b,Local Business District (B-2)for files CpA#00%-31
andRZ#oOz'21
SIGNED this 25th day of August, 2021.
By..
_
Yakima Planning Commission
�
YA
Exhibit "B"
Legal Description
That portion of Lot 1 of that Short Plat recorded under Auditor's file Number 8111118, records of
Yakima County, Washington, described as follows:
Commencing at the Southwest corner of said Lot 1;
Thence North 0°47'10" East along the West line of said Lot 1 a distance of 175.00 feet to the
Point of Beginning;
Thence South 89°05'50" East 140.00 feet;
Thence North 0°4710" East to the North line of said Lot 1;
Thence Westerly along said North line and its westerly extension to a point on said West line of
Lot 1, said point being 144.00 feet North of the Point of Beginning;
Thence Southerly along said West line to the Point of Beginning.
PASSED BY THE CITY COUNCIL, signed and app 's 16th day of November, 2021,
ATTEST:
Son a
aar Tee, City Clerk k
Publication Date: November 19, 2021
Effective Date: December 19, 2021
Patricia Bye , Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.P.
For Meeting of: November 16, 2021
Ordinance adopting the City Council's decision on CPA#002-21
and RZ#002-21
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin, Senior Planner (509) 575-6162
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on November 1, 2021 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 SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description
0 Ordinance
Upload Date
11/3/2021
Type
Ordinance