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Home My WebLink About2024-009 An Ordinance rezoning parcels 181328-41405 and 181328-41427 from Professional Business (B-1) to Local Business (B-2) and amending the Zoning Map of the City of Yakima. ORDINANCE NO. 2024-009 AN ORDINANCE rezoning parcels 181328-41405 and 181328-41427 from Professional Business (B-1) to Local Business (B-2) and amending the Zoning Map of the City of Yakima. WHEREAS, on October 5, 2023, William F. Almon submitted an application requesting the zoning classification of parcels 181328-41405 and 181328-41427, located at 1104 and 1112 S. 48th Ave., to be rezoned from Professional Business (B-1) to Local Business (B-2) on the official zoning map (hereinafter"RZ#002-23"); and WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a Determination of Nonsignificance on December 27, 2023, which was not appealed; and WHEREAS,the Future Land Use designation of the subject property is Community Mixed-Use, which is consistent with the proposed B-2 zoning district; and WHEREAS, in accordance with YMC 15.23, the Yakima Planning Commission held an open record public hearing on January 24, 2024 to hear testimony from the public, consider the Rezone, and provide a recommendation to the Yakima City Council; and WHEREAS, after testimony and a review of the record, pursuant to the approval criteria set forth in YMC § 15.23.030, the Yakima Planning Commission recommended approval of the Rezone from Professional Business (B-1) to Local Business (B-2); and WHEREAS, the Yakima Planning Commission recommendation was signed by the Chair on February 5, 2024, a copy of which is found in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to YMC § 15.23.030 (E), and after the required notice was properly provided, the Yakima City Council held a public hearing on April 2, 2024 regarding the rezone request; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the testimony received at the public hearing held April 2, 2024, hereby finds and determines that approval of the requested Rezone is in the best interest of the residents of 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 February 5, 2024 findings, conclusions, recommendations and conditions of the Yakima Planning Commission for RZ#002-23. The legal description of the property is as follows: Parcel # 181328-41408: Lot 24, YAKIMA VALLEY ORCHARD TRACTS, as recorded in Volume "A" of Plats, page 75, records of Yakima County, Washington. Parcel # 181328-31427: Lot 4 of that certain short plat recorded under Auditor's File No. 7709450, records of Yakima County, Washington; And Lot 3 of that certain short plat recorded under Auditor's File No. 7655477, records of Yakima County, Washington; EXCEPT the South 89.58 feet of said Lot 3. Section 2. Any and all official Zoning or other similar maps shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. 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. 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 2' day of April, 2024. ATTEST: .go ; atricia Byers, ayor i / '• )4.14\ , z. . *._ Rosalinda Ibarra, City Clerk t% Siy/N(;�oo_; Publication Date: April 6, 2024 Effective Date: May 6, 2024 EXHIBIT A DEPARTMENI t)1 COMMUNITY DEVELOPMENT 1111 RV. Joan Davenport. AICP,Director ilLW Planning Division 1pri-iniAnud Jrseph Calhoun,.Manager 129 North Second Street,2"d Floor,Yakima, WA 98901 ask.planning@yakimawa.gov . www.yakimawa.goviservicestplanning NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: February 27,2024 TO Applicant,Adjoining Property Owners& Parties of Record SUBJECT: Notice of the Yakima Planning Commission's Recommendation to the Yakima City Council FILE N(S): RZ#002-23, SEPA#00.10-23 APPLICANT: William F. Almon PROJECT LOCATION: 1104& 1112 S.48th Ave. On February 5,2024, the City of Yakima Planning Commission rendered its written recommendation on RZN002-23,and SEPAA010-23. A proposal to rezone two parcels from Professional Business (B-I)to Local Business(B-2). A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled.The City Clerk will notify you of the date,time,and place of the public hearing. For further information or assistance, you may contact the City of Yakima Planning Division at (509) 575-6183 or email.15;k.planninggyakimo,wcgoy --1'..------...-- Eva Rivera Planning Technician Date of Mailing: February 27,2024 Enclosures. Planning Commission's Recommendation y.,.... Mat MC MI; ITN DEPARTMENT OF COMMUNITY DEVELOPMENT //"1 ■IM\ Joan Davenport,AICP, Director v �,� PICITY OF YAKIMA .,,,„,„„,._ I f;•. ,,,i a n n i n g Joseph Calhoun, Manager 129 North Second Street,Zed Floor,Yakima, WA 9R901 ask.planning(ayakimawe.gov • www.yakimawa.govlservices/planning YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR REZONE RZ#002-23&SEPA#010-23 February 5, 2024 WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 or, June 6, 2017; and WHEREAS, The City of Yakima last amended its Title 15 Zoning Ordinance on July 23. 2023; and WHEREAS, Under the provisions of YMC Ch 15.23 a change in circumstances or conditions may warrant a change in the zoning map consistent with the goals. policies, and intent of the Yakima Comprehensive Plan 2040; 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 October 5, 2023 an application for a Rezone was submitted by lAillham F. Almon, to Rezone from Professional Business(B-1)to Local Business (B-2), parcel 181328- 41405 & 181328-41427 (City File RZ#002-23); and WHEREAS, The applicabons were considered complete for processing on November 17, 2023 and public notice was provided, in accordance with the provisions of YMC Ch. 15.23, on November 21. 2023- and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsignificance issued on December 27, 2023, which was not appealed (City File SEPA#010- 23), and WHEREAS, The Yakima Planning Commission held an open record public hearing on January 24, 2024 to hear testimony from the public consider the Rezone, and provide a recommendation to the Yakima City Council, 6t� ill- Now therefore,the Yakima City Planning Commission presents the following findings of fact, conclusions, and recommendation to the Yakima City► Council: APPLICATION #: RZ#002-23, SEPA#010-23 APPLICANT: Wiliam F. Almon APPLICANT ADDRESS: 132 Indian Cabin Rd., Stevenson, WA 98648 PROJECT LOCATION: 1104 & 1112 S. 48th Ave. PARCEL(S): 181328-41405 &-41427 FINDINGS OF FACT: 1_ The applicant requests to Rezone from Professional Business (B-1)to Local Business (B-2). 2. The subject parcels are approximately 6.06 acres in size and are surrounded by residential and commercial uses and zoning, 3. The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review during their January 24, 2024 public hearing, with the recommendation of APPROVAL of the proposed rezone 4. The proposed Rezone from Professional Business (B-1)to Local Business(B-2) is consistent with the applicable approval criteria in YMC § 15.23.030, as follows: a. Bill Almon Jr., representing the applicant, testified in favor of the proposed rezone. b. The property is suitable for uses within the B-2 zoning district and will facilitate future commercial development. c. The B-2 zoning distract is an implementing zone of the Community Mixed-Use Future Land Use Designation, d. The property is currently capable of being served by all necessary public utilities, or have utilities extended, 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 f. The public need for this Rezone is to provide for additional developable commercial land. 5 During YPC deliberation, it was decided to adopt the recommendation as presented by the Planning Division CONCLUSIONS 1. The Rezone is minor in nature: 2. No adverse impacts have been identified: 3. No written comments were received from the public: 4. This proposal underwent Environmental Review, 5. The proposed Rezone from Professional Business (8-1)to Local Business(B-2) is consistent with the Yakima Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2040, 6. Parcels 181328-41405& -41427 are recommended to change from Professional Business (B-1)to Local Business (8-2). 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. RECOMMENDATION 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 Rezone from Professional Business (B-1)to Local Business (B-2)for file RZ#002-23. RECOMMENDED this 5th day of February, 2024. By, Jacob Jacob Liddicoat, Chair Yakima Planning Commission 1 — lam \ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of:April 2, 2024 ITEM TITLE: Closed record public hearing and Ordinance to consider the Planning Commission's recommendation regarding a rezone request located in the vicinity of 1104 & 1112 S. 48th Ave SUBMITTED BY: Bill Preston, Interim Community Development Director *Eric Crowell, Senior Planner SUMMARY EXPLANATION: William F.Almon submitted a rezone application to rezone two lots from B-1 (Professional Business)to B-2 (Local Business). The Planning Commission held an open-record public hearing on January 24, 2024 and submitted a recommendation of approval on February 5, 2024. The complete hearing record was distributed to City Council in the agenda packet on March 19, 2024 and can be found online at: https://www.yakimawa.gov/council/agendas-and-minutes/ To participate in this public hearing please refer to the Public Comment Guidelines at: https://www.yakimawa.gov/council/public-comment/ ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description Upload Date Type 0 Ordinance 3/21/2024 Ordinance 2 ORDINANCE NO. 2024- AN ORDINANCE rezoning parcels 181328-41405 and 181328-41427 from Professional Business (B-1)to Local Business (B-2) and amending the Zoning Map of the City of Yakima. WHEREAS, on October 5, 2023, William F. Almon submitted an application requesting the zoning classification of parcels 181328-41405 and 181328-41427, located at 1104 and 1112 S. 48th Ave., to be rezoned from Professional Business (B-1) to Local Business (B-2) on the official zoning map (hereinafter"RZ#002-23"); and WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a Determination of Nonsignificance on December 27, 2023, which was not appealed; and WHEREAS, the Future Land Use designation of the subject property is Community Mixed-Use, which is consistent with the proposed B-2 zoning district; and WHEREAS, in accordance with YMC 15.23, the Yakima Planning Commission held an open record public hearing on January 24, 2024 to hear testimony from the public, consider the Rezone, and provide a recommendation to the Yakima City Council; and WHEREAS, after testimony and a review of the record, pursuant to the approval criteria set forth in YMC § 15.23.030, the Yakima Planning Commission recommended approval of the Rezone from Professional Business (B-1) to Local Business (B-2); and WHEREAS, the Yakima Planning Commission recommendation was signed by the Chair on February 5, 2024, a copy of which is found in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to YMC § 15.23.030 (E), and after the required notice was properly provided, the Yakima City Council held a public hearing on April 2, 2024 regarding the rezone request; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the testimony received at the public hearing held April 2, 2024, hereby finds and determines that approval of the requested Rezone is in the best interest of the residents of 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 February 5, 2024 findings, conclusions, recommendations and conditions of the Yakima Planning Commission for RZ#002-23. The legal description of the property is as follows: Parcel # 181328-41408: Lot 24, YAKIMA VALLEY ORCHARD TRACTS, as recorded in Volume "A" of Plats, 3 page 75, records of Yakima County, Washington. Parcel # 181328-31427: Lot 4 of that certain short plat recorded under Auditor's File No. 7709450, records of Yakima County, Washington; And Lot 3 of that certain short plat recorded under Auditor's File No. 7655477, records of Yakima County, Washington; EXCEPT the South 89.58 feet of said Lot 3. Section 2. Any and all official Zoning or other similar maps shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. 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. 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 2nd day of April, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: MI...oh, DEPARTMENT OF COMMUNITY DEVELOPMENT 4 M II% = Joan Davenport,AICP,Director EXHIBIT A CITY OF YAKIMA Planning Division Pa n n i n g Joseph Calhoun,Manager 129 North Second Street,21'd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov•www.yakimawa.gov/services/planning NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: February 27,2024 TO: Applicant,Adjoining Property Owners&Parties of Record SUBJECT: Notice of the Yakima Planning Commission's Recommendation to the Yakima City Council FILE #(S): RZ#002-23, SEPA#00l0-23 APPLICANT: William F. Almon PROJECT LOCATION: 1104 & 1112 S.48th Ave. On February 5, 2024, the City of Yakima Planning Commission rendered its written recommendation on RZ#002-23, and SEPA#010-23. A proposal to rezone two parcels from Professional Business (B-1) to Local Business(B-2). A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled.The City Clerk will notify you of the date,time,and place of the public hearing. For further information or assistance, you may contact the City of Yakima Planning Division at (509) 575-6183 or email: ask.planning@yakimawa.gov Eva Rivera Planning Technician Date of Mailing: February 27,2024 Enclosures: Planning Commission's Recommendation Yakima 2015 1994 5 „,i.11111 sal.% DEPARTMENT OF COMMUNITY DEVELOPMENT 1 '1! 1111AX Joan Davenport, AICP, Director W Planning Division ision P arming Joseph Calhoun, Manager 129 North Second Street,2id Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR REZONE RZ#002-23 8 SEPA#010-23 February 5, 2024 WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 on June 6, 2017; and WHEREAS, The City of Yakima last amended its Title 15 Zoning Ordinance on July 23, 2023; and WHEREAS, Under the provisions of YMC Ch. 15.23 a change in circumstances or conditions may warrant a change in the zoning map consistent with the goals, policies, and intent of the Yakima Comprehensive Plan 2040; 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 October 5, 2023 an application for a Rezone was submitted by William F. Almon, to Rezone from Professional Business (B-1)to Local Business (B-2), parcel 181328- 41405 & 181328-41427 (City File RZ#002-23); and WHEREAS, The applications were considered complete for processing on November 17, 2023 and public notice was provided, in accordance with the provisions of YMC Ch. 15.23, on November 21, 2023; and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsignificance issued on December 27, 2023, which was not appealed (City File SEPA#010- 23); and WHEREAS, The Yakima Planning Commission held an open record public hearing on January 24, 2024 to hear testimony from the public, consider the Rezone, and provide a recommendation to the Yakima City Council; VIVO Yokim. _`015 1401 6 Now therefore, the Yakima City Planning Commission presents the following findings of fact, conclusions, and recommendation to the Yakima City Council: APPLICATION #: RZ#002-23, SEPA#010-23 APPLICANT: William F. Almon APPLICANT ADDRESS: 132 Indian Cabin Rd., Stevenson, WA 98648 PROJECT LOCATION: 1104 & 1112 S. 48th Ave. PARCEL(S): 181328-41405 &-41427 FINDINGS OF FACT: 1. The applicant requests to Rezone from Professional Business (B-1)to Local Business (B-2). 2. The subject parcels are approximately 6.06 acres in size and are surrounded by residential and commercial uses and zoning. 3. The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review during their January 24, 2024 public hearing, with the recommendation of APPROVAL of the proposed rezone. 4. The proposed Rezone from Professional Business (B-1)to Local Business (B-2) is consistent with the applicable approval criteria in YMC § 15.23.030, as follows: a. Bill Almon Jr., representing the applicant, testified in favor of the proposed rezone. b. The property is suitable for uses within the B-2 zoning district and will facilitate future commercial development. c. The B-2 zoning district is an implementing zone of the Community Mixed-Use Future Land Use Designation. d. The property is currently capable of being served by all necessary public utilities, or have utilities extended, 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. f. The public need for this Rezone is to provide for additional developable commercial land. 5 During YPC deliberation, it was decided to adopt the recommendation as presented by the Planning Division. CONCLUSIONS 1. The Rezone is minor in nature; 2. No adverse impacts have been identified; 3. No written comments were received from the public; 4. This proposal underwent Environmental Review; 5. The proposed Rezone from Professional Business (B-1)to Local Business (B-2) is consistent with the Yakima Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2040; 6. Parcels 181328-41405 & -41427 are recommended to change from Professional Business (B-1) to Local Business (B-2). 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. 7 RECOMMENDATION 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 Rezone from Professional Business (B-1)to Local Business (B-2)for file RZ#002-23. RECOMMENDED this 5th day of February, 2024. By,. • Jacob Liddicoat, Chair Yakima Planning Commission