HomeMy WebLinkAbout2022-030 Ordinance adopting the City Council's decision on Comprehensive Plan Amendment CPA#001-22AN ORDINANCE
ORDINANCE NO. 2022-030
amending the Future Land Use Map of the City of Yakima for parcels
181322-42486, 42487, 42488, 42489, 42492 from Low Density
Residential to Community Mixed -Use.
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 18, 2022, the City Council adopted Resolution No. R-2022-011
to open the Comprehensive Plan Amendment process for 2022; and
WHEREAS, on April 28, 2022, the City of Yakima Planning Division submitted
applications for Comprehensive Plan Amendment and Environmental Review (CPA#001-22,
SEPA#011-22) requesting to change the Future Land Use Map designation for parcels 181322-
42486, 42487, 42488, 42489, 42492 from Low Density Residential to Community Mixed -Use;
and
WHEREAS, Public notice was provided, in accordance with the provisions of YMC Ch.
16.10, on June 10, 2022, and July 13, 2022; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 13, 2022, which was not appealed; and
WHEREAS, The City of Yakima Planning Commission (YPC) held a study session to
review this Comprehensive Plan Amendment on July 27, 2022; and
WHEREAS, after proper notice, on August 10, 2022, the Yakima Planning Commission
(YPC) heard the staff presentation regarding the proposed CPA, held a public hearing,
considered the public testimony; and,
WHEREAS, pursuant to the approval criteria set forth in YMC § 16.10.040, the YPC
unanimously recommended approval of the proposal; and
"17iAM UM\
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Plan'nYi"ng
Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
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.gov!servioes/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT
CPA#001-22
August 10, 2022
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 govemment; 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, 2022 the application for Comprehensive Plan Amendment was
submitted by the City of Yakima Planning Division., to amend the Comprehensive Plan Future
Land Use Map Designation from Low Density Residential to Community Mixed -Use for parcels
181322-42486, 42487, 42488, 42489, 42492 (City File CPA#001-22); and
WHEREAS, Public notice was provided for the application and public hearing, in
accordance with the provisions of YMC Ch. 16.10, on June 10, 2022, and July 13, 2022; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 13, 2022, which was not appealed (City File SEPA#011-22); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment on July 27, 2022; and
WHEREAS, The Yakima Planning Commission held an open record public hearing on
August 10, 2022 to hear testimony from the public, consider the Amendment, 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 #
APPLICANT:
APPLICANT ADDRESS:
PROJECT LOCATION:
PARCEL(S):
CPA#001-22
City of Yakima Planning Division
129 N 2nd St, Yakima, WA 98901
Vicinity of N 40" and Summitview Avenues
181322-42486, 42487, 42488, 42489, 42492
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Low Density Residential to Community Mixed -Use.
2. The subject parcels are approximately 2.89 acres in size, and are surrounded by
commercial and residential uses.
3. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their August 10, 2022 public hearing, with the
recommendation of APPROVAL of the proposed amendment.
4. The proposed Comprehensive Plan Amendment is consistent with the applicable
approval criteria in YMC § 16.10.040, as follows:
a. The purpose of this request is to allow greater flexibility to redevelop land and
expand an existing commercial area. The intersection of 40th and Summitview is
already commercial in nature. The three existing homes on 40" compound traffic at
the intersection and have non -conforming driveways. Redevelopment of this corner
will promote safer access to the arterial street system.
b. The Community Mixed -Use 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 is better
suited for commercial development as opposed to residential use. The total acreage
of this proposal will remove 2.89 acres of Low Density Residential land. The total
reduction of Low Density Residential since 2018 is 11.04 acres. Even with this
reduction, the City of Yakima still has sufficient Low Density Residential land to meet
growth targets.
CONCLUSIONS
1. The Amendment is minor in nature;
2. No adverse impacts have been identified;
3. No written comments or testimony was received in opposition to the request which
cannot be mitigated during a future development phase;
4. This proposal underwent Environmental Review;
5. The proposed Comprehensive Plan Future Land Use Map Amendment from Low
Density Residential to Community Mixed -Use and to concurrently 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.
1,14
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 Community Mixed -Use for
file CPA#001-22.
SIGNED this 24th day of August, 2022
By.
jZ daeob•Liddicoat. Chair
Yakima Planning Commission
Yecrrna
1II''
2013
WHEREAS, the YPC recommendation and findings was signed by the Vice -Chair on
August 24, 2022, 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 October 4, 2022, to receive public comments
on the Planning Commission's recommended findings on the proposed CPA; 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 October 4, 2022, hereby finds and determines that approval of the requested CPA
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 10, 2022 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#001-22. A copy of said
recommendation is attached as Exhibit "A".
Section 2. Any and all official 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.
PASSED BY THE CITY COUNCIL, signed and approved this 18th day of October, 2022.
ATTEST:
(-)0
Sonya Claar Tee, City Clerk
Publication Date: October 21, 2022
Effective Date: November 20, 2022
c)
Janice Deccio, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.N.
For Meeting of: October 18, 2022
Ordinance adopting the City Council's decision on Comprehensive
Plan Amendment CPA#001-22
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager (509) 575-6042
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on October 4, 2022 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 Upload Date
D Ordinance 10;5/2022
Type
Ordinance