HomeMy WebLinkAbout2021-031 Ordinance adopting the City Council's decision on CPA#003-21 and RZ#003-21AN ORDINANCE
ORDINANCE NO. 2021-031
amending the Future Land Use Map and Zoning Map of the City of
Yakima for a portion of parcel 181335-23406 as follows: Future Land Use
Map from Low -Density Residential to Mixed Residential and Zoning Map
from Single -Family Residential (R-1) to Multi -Family 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, 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 29, 2021, PLSA Engineering and Surveying, on behalf of Racquet
Lane Townhomes, submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review (CPA#003-21, RZ#003-21, SEPA#013-21) requesting to change the
Future Land Use Map designation for a portion of parcel 181335-23406, 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 Multi -Family Residential (R-3); 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. Findincis, 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#003-21 and RZ#003-21. 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. 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.
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Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMEN`l°
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov - www.yakimawa.goviservices/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#003-21, RZ#003-21
August 11, 2021
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 in 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 29, 2021 applications for Comprehensive Plan Amendment and
Rezone were submitted by PLSA Engineering and Surveying, on behalf of Racquet Lane
Townhomes 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 181335-23406 (City File CPA#003-21,
RZ#003-21); 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
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 22, 2021, which was not appealed (City File SEPA#013-21); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone July 14, 2021; and
WHEREAS, The Yakima Planning Commission held an open record public hearing
August 11, 2021 to hear testimony from the public, consider the Amendment and Rezone, and
provide a recommendation to the Yakima City Council;
Yakima
011,411141...
1994
Now therefore, the Yakima City Planning Commission presents the following findings of
fact, conclusions, and recommendation to the Yakima City Council:
APPLICATION #
APPLICANT ADDRESS:
PROJECT LOCATION:
CPx#0030-21.R2#003-21
PLSA Engineering and Gurveying, on behalf of Racquet Lane
Townhmnes
521 NnU11 Ave; Yakima, WA; ROSO2
2802Racquet Lane
181335-23406
FINDINGS OF FACT
1. the applicantoequmts to amend the ComprehensivePlan Future Land Use Map
designation from Low Density Residential tuMixed Residential with o concurrent Rezone
from Single Family Residential (R'1)toMultifamily Residential (R'5).
2� The subject parcel iuapproximately 3.8 acres in size and is surrounded by residential
and commercial land uumo-
1 The City of Yakima Planning Division provided o detailed staff report m the Planning
Commission for review during their August 11.2O21 public hearing, with the
recommendation of APPROVAL of the proposed amendment and rezone.
4. The proposed Comprehensive Plan Amendment is consistent with the opp|inob|o
approval criteria inYMC§1O.1O.O4O.ayfollows:
a. This change in being proposed to allow greater flexibility in the development of this
vacant land for residential purposes,
b. The Mixed Residential designation implements several goals and policies of the
2O4Op|on.
n. The amendment does not correct on obvious mopping ermr, dnoo not address u
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 u8||
be used for residential houoing, as well asother uses. The site iualso adjacent
existing Mixed Residential property to the east. The total acreage of this proposal will
remove 3,6acres ofLow-Density Residential land.
s� The proposed Rezone from Single Family Residential (R-1) to Multifamily Residential (R-
3)iononnistemwiththeopp|icaWeappmwa|chtenoinYmC§15.23O3O.mafonuwu:
o. Testimony oithe public hearing was considered.
b, The property is suitable for uses within the R.3zoning district,
u. The R'3 zoning district is on implementing zone of the Mixed Residential Future
Land Use Designation.
d. The property iacurrently capable nfbeing served byall necessary public utilities and
can be accessed bypublic streets.
e. The proposed Rezone is considered compatible with the surrounding neighborhood
and nomitigation iaproposed at this time. Mitigation measures will haconsidered
during aproject action nnthe site.
f� The public need for this Rezone is to umaha more land for multifamily development.
CONCLUSIONS
1. The Amendment and Rezone are minor in vature�
2. No adverse impacts have been idonUfiod�
3. One (1) written comments and zero vo,bo| comments were received during public
testimony.
2
4. This proposal underwent Environmental Review;
5 The proposed Comprehensive Plan Future Land Use Map Amendment from Low
Density 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.
MOTION
Based onthe testimony and evidence presented during the public hearing, itwas moved and
seconded that the City n,Yakima Planning Commission draft findings nffact 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 Low Density Residential to Mixed Residential and
Rezone from Single Family Residential (R-1) to Multifamily Residential (R-3) for files CPA#003-
SIGNED this 251h day of August, 2021.
By..
-'Jacob Liddicoat, Chair
���
Yakima Planning Commission
3
Exhibit "B"
Legal Description
Lot 4, Short Plat Vol. 82, Page 28, except S. 10 feet for County road right-of-way, and except
that portion currently zoned Light Industrial (M-1)
PASSED BY THE CITY COUNCIL, signed and approved this 16th day of November, 2021.
ATTEST:
-
. SEAl_
' '
Sony aar T- ee, City le
Publication Date: November 19, 2021
Effective Date: December 19, 2021
t'f
Patricia By rs, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.Q.
For Meeting of: November 16, 2021
Ordinance adopting the City Council's decision on CPA#003-21
and RZ#003-21
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
