HomeMy WebLinkAbout03/24/2009 22 Comprehensive Plan Amendments Enactment 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4 02 2
For Meeting of March 24, 2009
ITEM TITLE: Adoption of the Ordinance Enacting the Three Comprehensive Plan Amendments
Submitted in 2008.
SUBMITTED BY: Bill Cook, Director of Community and Economic Development
CONTACT PERSON /TELEPHONE: Joan Davenport, Planning Manager, 576 -6417
SUMMARY EXPLANATION:
On March 3, 2009, the Yakima City Council voted to accept the Regional Planning
Commission's findings and recommendations concerning the 2008 Comprehensive Plan
Amendment requests. The ordinance that will affect these changes to the Future Land Use
0 Map of the Comprehensive Plan and the zoning map is herein submitted and you are now being
requested to adopt it.
Resolution Ordinance X Other
Contract Mail to (name and address):
Phone:
Funding Source:
APPROVED FOR SUBMITTAL: 1 �-- City Manager
STAFF RECOMMENDATION: Adopt the attached Ordinance.
BOARD /COMMISSION RECOMMENDATION: On November 18, 2008 the RPC issued their
findings and recommendation for the three Comprehensive Plan Amendments submitted in
2008.
COUNCIL ACTION:
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ORDINANCE NO. 2009 -
AN ORDINANCE concerning land use regulation and comprehensive planning and
amending the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan and zoning as follows: changing the
classification of the property located at 1023 South 32" Avenue
(parcel no. 181326- 23485) from Medium Density Residential to
Neighborhood Commercial and zoning to B -2, Local Business;
changing the classification of the properties located at 22 Ranchrite
Road (parcel no. 191330- 42450) from Industrial - to Arterial
Commercial and zoning to General Commercial; and changing the
classification of the property located at 1019 and 1021 South 10
Avenue (parcel nos. 181325 -13546 and 181325- 13547) from Low
Density Residential to Neighborhood Commercial and zoning to B -2,
Local Business.
WHEREAS, the Washington State Growth Management Act (GMA) requires counties
and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and
related laws and regulations; 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 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 yea r, consistent with the provisions of
RCW 36.70A.130; and
WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide
procedures and criteria for amending and updating the Yakima Urban Area Comprehensive
Plan; and as well as a combined process to also amend current zoning; and
WHEREAS, Heidi Anderson has submitted an application requesting a change in
classification of the property located at 1023 South 32r Avenue (parcel no. 181326- 23485)
from Medium Density Residential to Neighborhood Commercial on the Future Land Use Map
of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #1 -08 "); and zoning from
to B -2, Local Business
WHEREAS, Larry Dean Hull, has submitted an application requesting a change in
classification of the properties located at 22 Ranchrite Road (parcel no. 191330 - 42450) from
Industrial to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #2 -08 "); and zoning to General Commercial
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WHEREAS, Maria E. Chavez., has submitted an application requesting a change in •
classification of the property located at 1019 and 1021 South 10th Avenue (parcel nos.
181325- 13546, 181325 - 13547) from Low Density Residential to Neighborhood Commercial
on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter
"CPA #4 -08 "): and zoning to B -2, Local Business
WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a
Determination of Nonsignificance in accordance with WAC 197 -11 -340 (2), as required under
the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and Chapter 6.88 YMC;
and
WHEREAS; in accordance with YMC Chapter 16.10, the Regional Planning
Commission held appropriate meetings and hearings to review and consider the requested
comprehensive plan and zoning amendments; and
WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC
16.10.040, the Regional Planning Commission made a recommendation to a joint meeting of
the City Council and Yakima County Commissioners that the requested comprehensive plan
and zoning amendments described above be approved; and
WHEREAS, pursuant to YMC 16.10.090, on March 24, 2009, a public hearing
regarding the requested comprehensive plan and zoning amendments described above was
held, and City Council directed City staff to prepare appropriate legislation to approve the
requested comprehensive plan and zoning amendments; and
WHEREAS, it is in the best interests of the City to enact the following to approve the
requested comprehensive plan amendments described above, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subject to the specific terms of this ordinance, the Yakima City Council
adopts the November 18, 2008, findings, conclusions and recommendations of the Regional
Planning Commission for CPA #1 -08, CPA #2 -08, and CPA #4 -08. A copy of said
recommendations is attached as Exhibit A and is incorporated herein by this reference.
Section 2. Regarding CPA #1 -08 and the subject property, the legal description of
which is attached to this ordinance as Exhibit B, which is incorporated . by reference in this
ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Neighborhood Commercial
on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan;
and zoning to B -2, Local Business
b. The requested Comprehensive Plan Amendment would better implement
relevant Comprehensive Plan policies pertaining to the establishment of retail
and /or personal service establishments to serve the variety of new residential,
commercial and industrial developments underway or planned in the
surrounding neighborhood;
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c. The requested Comprehensive Plan Amendment is consistent with and
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complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. Pursuant to YMC 16.10.030, on September 24, 2008 the SEPA Administrative
Official issued a Determination of Nonsignificance in accordance with WAC 197-
11 -340. (2), as required under the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW, and Chapter 6.88 YMC;
e. The cumulative impacts of this request together with all previous
Comprehensive Plan Amendments have been considered and support the
requested amendment.
Section 3. Regarding CPA #2 -08 and the subject property, the legal
description of which is attached to this ordinance as Exhibit C, which is incorporated by
reference in this ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Arterial Commercial on the
Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and
zoning to GC, General Commercial
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b. The requested Comprehensive Plan Amendment would better . implement
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relevant Comprehensive Plan policies pertaining to the provision of small scale,
neighborhood convenience commercial uses and services primarily for
residences of adjacent neighborhoods;
c. The requested Comprehensive Plan Amendment is consistent with and
complies with:
• The requirements and considerations set forth in Yakima Municipal Code
Chapter 16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management. Act, RCW Chapter 37.70A, and the Yakima
County Wide Planning Policy (CWPP);
d. Pursuant to YMC 16.10.030, on August 12, 2008 the SEPA Administrative
Official issued a Determination of Nonsignificance in accordance with WAC 197-
11 -340 (2), as required under the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW, and Chapter 6.88 YMC;
e. The cumulative impacts of this request together with all previous Comprehensive
Plan Amendments have been considered and support the requested
amendment.
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Section 4. Regarding CPA #4 -08 and the subject property, the legal description of
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which is attached to this ordinance as Exhibit D, which is incorporated by reference in this
ordinance, the City Council finds as follows:
a. The subject property is suitable to be classified as Neighborhood Commercial on the
Future Land Use Map of the Yakima Urban Area Comprehensive Plan; and zoning to
B -2, Local Business
b. Circumstances have changed since the property was classified as Low Density
Residential which now make the requested Comprehensive Plan Amendment
appropriate;
c. The requested Comprehensive Plan Amendment is consistent with and complies
with:
• The requirements and considerations set forth in Yakima Municipal Code Chapter
16.10;
• The goals and policies of the Yakima Urban Area Comprehensive Plan;
• The Growth Management Act, RCW Chapter 37.70A, and the Yakima County
Wide Planning Policy (CWPP);
d. Pursuant to YMC 16.10.030, on August 20, 2008 the SEPA Administrative Official
issued a Determination of Nonsignificance in accordance with WAC 197 -11 -340
(2), as required under the State Environmental Policy Act (SEPA), Chapter
43.21C RCW, and Chapter 6.88 YMC;
e. The cumulative impacts of this request together with all previous Comprehensive
Plan Amendments have been considered and support the requested amendment.
Section 5. The official Future Land Use Map of the Yakima Urban Area
Comprehensive Plan shall be amended or modified to reclassify the subject real
properties set forth herein consistent with the above sections of this ordinance.
Section 6. The official Urban Area Zoning Ordinance shall be amended or
modified to reclassify the subject real properties set forth herein consistent with the
above sections of this ordinance.
Section 7. 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 8. The City Clerk is hereby authorized and directed to file a certified copy
of this ordinance with the Yakima County Auditor.
Section 9. 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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PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 24th day of March, 2009.
Dave Edler, Mayor
ATTEST:
City Clerk
Publication Date: :
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Effective Date:
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REGIONAL PLANNING COMMISSION
2008 COMPREHENSIVE PLAN AMENDMENT RECOMMENDATIONS
CPA #1 -08
APPLICANT: Heidi Anderson
LOCATION: 1023 South 32 " Avenue
REQUEST: Change the Future Land Use Map from Medium Density Residential to
Neighborhood Commercial. Future zoning would be B -2 (Local
Business), if the amendment is approved.
RECOMMENDATION: Approval with conditions
CPA #2 -08
APPLICANT: Larry Dean Hull
LOCATION: 22 Ranchrite Road
REQUEST: Change the Future Land Use Map from Industrial to Arterial
Commercial. Future zoning would be CBDS (Central Business District
Support), if the amendment is approved.
RECOMMENATION: Approval with conditions
CPA #4 -08
APPLICANT: Maria E. Chavez
LOCATION: 1019 & 1021 South 10 Avenue
REQUEST: Change the Future Land Use Map from Low Density Residential to
Neighborhood Commercial. Future zoning would be B -2 (Local
Business), if the amendment is approved.
RECOMMENATION: Approval with conditions
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EXHIBIT 'B'
Applicant: Heidi Anderson
Site Location: 1023 South 32 Avenue
Parcel Nbr: 181326 -23485
Legal Description: Section 26, Township 13, Range 18
Plat Mantey Addition (K -4): S 80 ft, of Lot 1 Ex S 10ft. and Ex site
triangle of SW corner City Rd R /W.
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EXHIBIT 'C'
Applicant: Larry Dean Hull
Site Location: 22 Ranchite Road
Parcel Nbr: 191330 -42450
Legal Description: Section 30, Township 13, Range 19
St. Paul Acre Lots: 51 & 52
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EXHIBIT 'D'
Applicant: Maria E. Chavez
Site Location: 1019 & 1021 South 10th Avenue
Parcel Nbr: 181325- 13546, 181325 -13547
Legal Description: Section 25, Township 13, Range 18
Tomlinson's Replat: N 1/2 of Lot 3 and S 1/2 of Lot 3
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