HomeMy WebLinkAbout2015-044 Comprehensive Plan Amendment; Reclassification of Property at 8603 Wide Hollow Rd ORDINANCE NO. 2015 -044
AN ORDINANCE concerning land use regulation and comprehensive planning
and amending the Future Land Use Map of the City of Yakima
as follows: changing the classification of the property located
at 8603 Wide Hollow Rd., Assessor's Tax Parcel Number:
181330 - 42402, from Low Density Residential to High Density
Residential;
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 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, Cottonwood Partners LCC, submitted an application requesting
that the classification of the properties Comprehensive Plan Future Land Use Map
designation legally described in Exhibit "B" and located at 8603 Wide Hollow Rd.
(Tax Parcel Number: 181330 - 42402) be changed from Low Density Residential to
High Density Residential through amendment of the City's Comprehensive Plan Map
Amendment process (hereinafter "CPA #004 -15 "); and
WHEREAS, pursuant to YMC § 16.10.030, the SEPA Administrative Official
issued a Determination of Nonsignificance for this Future Land Use Map
Amendment and concurrent rezone in accordance with WAC 197 -11 -355, as required
under the State Environmental Policy Act; and
WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning
Commission held appropriate meetings and hearings to review and consider the
requested comprehensive plan amendments and concurrent rezones; and
WHEREAS, pursuant to YMC § 16.10.080 and the approval criteria set forth
in YMC § 16.10.040, the Yakima Planning Commission made a recommendation to
the City Council that the requested Comprehensive Plan amendment described above
be approved; and
WHEREAS, the City Council finds that the findings of the Yakima Planning
Commission set forth in the recommendations in response to the requirements of the
Yakima Municipal Code ( "YMC ") § 16.10.040 are correct and appropriate, and that
the same should be adopted by the City Council as its findings herein; and
WHEREAS, pursuant to YMC § 16.10.090, on December 7, 2015, a public
hearing regarding the requested Comprehensive Plan Amendment and concurrent
rezone described above was held before a meeting of the City Council; and
WHEREAS, it is in the best interest of the City to enact the following and
to approve the requested Comprehensive Plan A mendment 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 16, 2015, findings, conclusions and recommendations
of the Yakima Planning Commission for CPA #004 -15. A copy of said
recommendation is attached as Exhibit "A" and is incorporated herein by this
reference.
Section 2. 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 3. The City Clerk is hereby authorized and directed to file a
certified copy of this ordinance with the Yakima County Auditor.
Section 4. Severability: 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. 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 at a regular meeting and signed and
approved this 7t day of December, 2015.
1 122 9 C4
ATTEST: Micah C9wley, Mayor
City Clerk Wi
Publication Date: December 11, 20 '' = * 1
Effective Date: January 10, 2016 r, 1
�1 tix r i
RESOLUTION NO. R -2015
A RESOLUTION concerning land use regulation and comprehensive planning and
consideration of an zoning amendment to change the Zoning Map of the City of Yakima as
follows: changing the classification of the properties located at 8603 Wide Hollow Rd..,
Assessor's Tax Parcel Number: 181330 -42402 from Single - Family Residential (R -1) (Zoning) to
Multi - Family Residential (R -3) (Zoning);
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 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, What The Hay LLC, submitted an application requesting that the
classification of the properties legally described in Exhibit "B" and located at 8603 Wide Hollow
Rd. Tax Parcel Number: 181330 -42402 be changed from Single - Family (R -1) (Zoning) to
Multi - Family Residential (R -3) (Zoning) through the City's Rezone process (hereinafter "RZ
#004 -15 "); and
WHEREAS, pursuant to YMC § 16.10.030, the SEPA Administrative Official issued a
Determination of Nonsignificance for this Future Land Use Map Amendment and
concurrent rezone in accordance with WAC 197 -11 -355, as required under the State
Environmental Policy Act; and
WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning
Commission held appropriate meetings and hearings to review and consider the requested
comprehensive plan amendments and concurrent rezones; and
WHEREAS, pursuant to the approval criteria set forth in YMC § 15.23.030(D), the
Yakima Planning Commission made a recommendation to the City Council that the
requested Rezone RZ #004 -15 be denied; and
WHEREAS, the City Council finds that the findings of the Yakima Planning
Commission set forth in Exhibit "A ", and the recommendations in response to the requirements
of the Yakima Municipal Code YMC § 15.23.030(D) are correct and appropriate, and that the
same should be adopted by the City Council as its findings herein; and
WHEREAS, pursuant to YMC § 16.10.090, on December 7, 2015, a public hearing
regarding the requested Comprehensive Plan Amendment and concurrent rezone described
above was held before a meeting of the City Council; and
WHEREAS, it is in the best interest of the City to enact the following and to deny the
requested Rezone application as described above, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima
City Council adopts the November 16, 2015, findings, conclusions and recommendations of the
Yakima Planning Commission as its own, and hereby denies RZ #004 -15 A copy of said
recommendation is attached as Exhibit "A" and is incorporated herein by this reference.
ADOPTED BY THE CITY COUNCIL this 7th day of December 2015.
Micah Cawley, Mayor
ATTEST:
City Clerk
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0, ,00,,,,,e Us% Nan nitto pik imanIrti. Nov . htipE WHIP JI aA him wa p, on vermlieec Nanning
YAKIMA PLANNING COMMISSION
RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL
FOR THE
WHAT THE HAY COMPREHENSIVE PLAN MAP AMENDMENT AND REZONE
November 16, 2015
WHEREAS
The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006
and the Yakima Urban Area Zoning Ordinance in March 2015; 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
For the 2015 amendment review process, the Department of Community Development received
nine applications for consideration for amendments to the Comprehensive Plan's Future Land
Use Map, nine concurrent rezones, to the YMC Title 15 Yakima Urban Area Zoning Ordinance;
and
WHEREAS
Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the
review of these applications and for recommending the approval, modification or denial of each
request; and
WHEREAS
The Yakima Planning Commission held study sessions to review the Comprehensive Plan,
Zoning map amendments on July 27, 2015, August 3, 2015, and August 17, 2015 and the open
record public hearings were held on October 27, 28, 29, and November 16, 2015.
WHEREAS
All required public notice of these applications was provided in accordance with the provisions
of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and
WHEREAS
Each CPA was considered for Environmental Review (SEPA), with a DNS issued for four
proposals on June 30, 2015, and for the remaining five proposals on July 1, 2015, with the
respective 14 -day appeal periods ending on either July 14, 2015 or July 15, 2015. No appeals
were received; and
WHEREAS
YakIlma
1111 U�
Code - p dnuniiii lion . - (519) 575-6183 W item" )" Neighborhood & Derelopmeni Seim , ^i ( 0) 575-6101 "
The recommendation for this Future Land Use Map amendments, and text amendment are
based upon the criteria specified in YMC § 16.10.040; and
WHEREAS
The recommendations for the concurrent rezone is based upon the criteria specified in YMC
Subsection 15.23.030(E); and
WHEREAS
The Yakima Planning Commission concluded its consideration of these two applications on
November 16, 2015.
Now therefore, the Yakima City Planning Commission presents the following findings
and recommendations to the Yakima City Council:
FILE NUMBER: CPA # 004 -15, & RZ #004 -15
CPA # 004 -15
APPLICANT: What the Hay, LLC
LOCATION: 8603 Wide Hollow Rd.
PARCEL NO: 181330 -42402
Based upon a view of the site, the information contained in the application, staff report, exhibits,
testimony and other evidence presented at an open record public hearing held on October 29th
through November 16, 2015; and a review of the Yakima Urban Area Comprehensive Plan;
Yakima Urban Area Transportation Plan Update, 2025; West Valley Neighborhood Plan;
Yakima Urban Area Zoning Ordinance; City of Yakima Title 12 Development Standards; Critical
Area Ordinance; City of Yakima Wastewater Collection System Master Plan; and the Ahtanum
Wide Hollow Comprehensive Flood Hazard Management Plan; the Planning Commission
makes the following:
FINDINGS
The applicant is requesting to change the Future Land Use Map designation for one tax parcel
from Low Density Residential to High Density Residential, and the zoning district from Single -
Family Residential (R -1) to Multi- Family Residential (R -3). The subject property is currently
vacant, with 15.82 acres of the 27.91 acres of property encumbered with a FEMA 100 -year
floodplain designation /Critical Area, and is located at 8603 Wide Hollow Rd., Yakima, WA.
City Staff provided a report which identified that the subject applications meet all eight criteria
for approval for both a Comprehensive Plan Amendment Application, and concurrent Rezone
including but not limited to:
Comprehensive Plan Approval Criteria:
1. Address circumstances that have changed since the last time the relevant
Comprehensive Plan Map or text was considered:
2. Better implement applicable Comprehensive Plan policies than the current relevant
Comprehensive Plan map or text.
2015 Yakima Planning Commission 2
Comprehensive Plan Amendment
Findings and Recommendations
3. Address an identified deficiency in the Comprehensive Plan.
4. Correct an obvious mapping error.
5. The proposed CPAs must be consistent with the Growth Management Act (GMA), Ch.
36.70A. RCW, and the Yakima County Wide Planning Policies (CWPP).
6. The cumulative impacts of all CPAs, including those approved since the original
adoption of the Comprehensive Plan, shall be considered in the evaluation of any
proposed amendments.
7. The proposed CPA is coordinated with, and take into consideration, the Comprehensive
Plans adopted by Yakima County or cities with which the City of Yakima has, in part,
common borders or related regional issues as may be required by RCW 36.70A.100.
8. The amendment must provide descriptive information regarding the property, including
the status of existing land use, access to sewer and water, as well as the availability of
public facilities such as schools, fire and police services.
Rezone Approval Criteria:
1. Testimony at public hearing.
2. The suitability of property in question for uses permitted under the proposed zoning.
3. The recommendations from interested agencies and departments.
4. Compliance with the Comprehensive Plan.
5. The adequacy of public facilities, such as roads, sewer, water, and other required public
services.
6. The compatibility of the proposed zone change and associated uses with neighboring
land uses.
7. What mitigating measures are planned to address incompatibility, such as sitescreening,
buffering building design, open space, traffic flow alteration, etc.?
8. The public need for the proposed change.
On October 29, 2015, prior to the Planning Commission's deliberation on CPA #004 -15 and
RZ #004 -15, the applicant requested that the Planning Commission reopen the public testimony
portion of the public hearing to receive a modified proposal, possibly addressing some of the
public's concerns. As requested the Planning Commission reopened the public testimony
portion of the public hearing.
The applicant presented a revised proposal showing the proposed street alignments, and
development along the east and west property lines of common wall dwellings. Due to the
submittal of the new proposal the Planning Commission continued the public hearing to
November 16, 2015.
On November 12, 2015, the applicant submitted a second modified proposal to the City of
Yakima Planning Division requesting a buffer of R -2 property along the east and west property
lines and along a proposed road running east and west in front of the Foursquare church
property.
After reviewing the revised proposal, receiving substantial written comments, and taking public
testimony during their October 27, 29th, and November 16, 2015 public hearings, the Yakima
Planning Commission determined that the original proposal of High Density Residential was
best suited to support future development of the subject property and met the criteria of YMC
16.10.040. However, the original and modified rezone proposals were not well suited to support
2015 Yakima Planning Commission 3
Comprehensive Plan Amendment
Findings and Recommendations
the alteration of the zoning map, and did not meet the Rezone criteria of YMC § 15.23.030 for
the following reasons:
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
Comprehensive Plan Amendment:
The Planning Commission found the following:
1. The circumstances that have changed since the last time the relevant Comprehensive
Plan Map or text was considered was that: 1) the Federal Emergency Management
Agency 100 -year Floodplain map had been changed since adoption of the City's
Comprehensive Plan, and could possibly be further modified in the future to remove
some of the proponents land from the floodplain; and 2) the City of Yakima adopted the
West Valley Neighborhood Plan which supports an increase in affordable housing, and
provides planning for extension of utilities, and public streets to serve the subject
property and surrounding area.
2. The proposal met numerous Comprehensive Plan policies which supports approval of
the Comprehensive Plan Map Amendment.
3. The identified deficiency in the Comprehensive Plan that is addressed by this proposal is
that the City of Yakima currently has a very limited supply of property that is designated
High Density Residential with Multi - Family Residential (R -3) zoning that is vacant and
developable (currently 20.81 acres). In the event that this Comprehensive Plan is
approved it would add an additional 27.91 acres of High Density property to meet the
City's Growth Management Act affordable housing goals.
4. No mapping errors were found to exist with the subject property.
5. The proposed CPA was found to be consistent with the Growth Management Act (GMA),
Ch. 36.70A. RCW, and the Yakima County Wide Planning Policies (CWPP).
6. The cumulative impacts of all CPAs are that if all CPA applications requesting High
Density Residential are approved, there would be a total of 81.06 acres of new High
Density property for development created within the City of Yakima that could support a
minimum of 973 dwelling units.
7. The proposed CPA was found to be coordinated with, and take into consideration, the
Comprehensive Plans adopted by Yakima County as required by RCW 36.70A.100.
8. The amendment and existing City plans provided sufficient descriptive information
regarding the property to show the status of existing land use; the property could be
served by sewer and water; public streets could be extended in the future following
dedication of surrounding property owners; public facilities such as schools were
currently inadequate, but could meet the increased demand in the future; and fire and
police services were adequate to serve the property.
Rezone:
2015 Yakima Planning Commission 4
Comprehensive Plan Amendment
Findings and Recommendations
1. Testimony at the public hearing: The Planning Division /Commission received 41 written
responses in opposition to the applicant's requested Comprehensive Plan and Rezone
applications. A total of 163 members of the public appeared at the Planning
Commission hearings over the course of the three hearing dates, providing testimony
that includes but is not limited to: The application doesn't provide for a future road
network; there is already enough R -3 property in the City; the school system is
inadequate; the 100 -year floodplain has not yet been relocated; school busses are over
capacity; the quality of the neighborhood will be reduced; decreased property values; the
project does not meet all of the goals and policies of the Comprehensive Plan; traffic
impacts have not been addressed; an analysis of available rental properties should be
conducted; fear of bankrupt development and increased crime; the total number of
apartments that can be built will increase the amount of traffic and children beyond the
capacity of the street grid network and school system. In response to the multitude of
public comments, the applicant's representative provided a lengthy review of the
application approval criteria, and presented the Commission with the trip generation
rates for both single - family homes and multi - family apartment complexes from the
Institute of Transportation Engineers Trip Generation Manual, and a scientific study from
the National MultiFamily Housing Council conducted by Harvard University titled
Apartments Versus Schools Redux (March 2014) comparing number of children in multi-
family housing v.s. single - family homes.
2. Although the property in question may be suited in the future for the permitted uses of
multi - family apartments, the subject property today is not suited to allow development of
multi - family apartments and /or a combination of other styles of higher density housing
due to the fact that 15.82 acres of the subject property is encumbered by the FEMA 100 -
year floodplain, and it presently unknown if the subject property will be removed from the
floodplain due to the efforts of Yakima County Flood Control District. Furthermore, the
lack of dedicated right -of -way for public streets, and frontage improvements east and
west of along Nob Hill Blvd., and Wide Hollow Rd. create a situation which make this
proposed rezone not ripe for development at this time.
3. The West Valley School District commented that the district lacked capacity to handle
the increase amount of children that would come from the future development of the R -3
zoning, and requested "reconsideration" of the Rezone application.
4. The Commission found that the proposed Rezone met many of the goals and policies of
the Comprehensive Plan, but failed to meet goal 2.4.12 "Do not allow medium or high
density zoning within the 100 -year floodplain unless clustering away from the floodplain
is required ".
5. The commission found that the property could be served by sewer and water; and fire
and police services were adequate to serve the property. However, the public services
of streets and schools were currently inadequate due to lack of dedication of right -of -way
on Nob Hill Blvd. and Wide Hollow Rd., and failure of a school bond.
6. It was found that if the issues of an appropriate street network, flooding, and school
district capacity were resolved, the applicant's modified rezone proposal and associated
uses would have been deemed compatible due to the fact that the City of Yakima's
Comprehensive Plan, and adopted West Valley Neighborhood Plan, establish that Multi -
Family developments (R -3) should be established along Arterial streets and
2015 Yakima Planning Commission 5
Comprehensive Plan Amendment
Findings and Recommendations
intersections, have adequate utilities, and provide a street grid pattern which will buffer
the proposed R -3 zoning from that of the surrounding residential properties and
neighboring land uses.
7. No mitigating measures were planned as part of this Rezone application,
8. The public need for this proposed change stems from the fact that the City of Yakima
presently does not have a sufficient amount of R -3 property to meet its 20 -year
Comprehensive Plan goals and policies to ensure affordable housing. If all CPA
applications requesting High Density Residential and Multi- Family Residential are
approved, there would be a total of 81.06 acres of new R -3 property for development
within the City of Yakima that could support a minimum of 973 dwelling units.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and seconded
that the Yakima Planning Commission recommend APPROVAL of the Comprehensive Plan
Amendment request from Low Density Residential to High Density Residential and DENIAL of
the Rezone request from Single - Family Residential (R -1) to Multi - Family Residential (R -3). The
motion carried by a vote of 6 to 1.
Having made the above Findings of Fact and Conclusions, the Planning Commission hereby
renders its
RECOMMENDATION TO CITY COUNCIL
The Planning Commission of the City of Yakima, having received and considered all evidence
and testimony presented at the public hearings, and having received and reviewed the record
herein, hereby recommends that the City Council of the City of Yakima Approve the
Comprehensive Plan Amendment (CPA #004 -15,) and Deny the concurrent rezone (RZ #004-
15).
RECOMMENDED this 16th day of November, 2015,
By 4 !
Dave onfara, Chairman for
the Yakima Planning Commission
2015 Yakima Planning Commission 6
Comprehensive Plan Amendment
Findings and Recommendations
EXHIBIT "B"
LEGAL DESCRIPTION
RZ #004 -15
What The Hay LLC
Tax Parcel Number: 181330 -42402
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.
For Meeting of: December 7, 2015
ITEM TITLE: Public hearing, ordinance and resolution to consider the Yakima
Planning Commission's recommendation concerning a comprehensive
plan amendment and rezone request submitted by What the Hay, LLC
(CPA #004 -15, RZ #004 -15) changing the classification of the property
located in the vicinity of S. 88th Ave & Wide Hollow Rd
SUBMITTED BY: Joan Davenport, AICP, Community Development Director
Jeff Peters, Supervising Planner (509) 575 -6163
SUMMARY EXPLANATION:
On April 30, 2015, What The Hay LLC submitted an application requesting that the classification of the
property located at 8603 Wide Hollow Rd. (Parcel Number: 181330 - 42402) be changed from Low Density
Residential (Future Land Use) and Single- Family (R -1) (Zoning) to High Density Residential (Future Land
Use) and Multi- Family Residential (R -3) (Zoning) through the City's Comprehensive Plan Map Amendment
and Rezone process. On November 16, 2015, the City of Yakima Planning Commission concluded its final
public hearing on the proposed applications and after taking public testimony recommended approval of the
applicant's Comprehensive Plan Map Amendment application and denial of the proposed Rezone application
to the Yakima City Council.
Therefore, the Yakima City Council is now being asked to hold an open record public hearing to consider the
Planning Commission's recommendation on the Comprehensive Plan Map Amendment application, and a
separate public meeting to consider the Planning Commission's Rezone recommendation.
(The complete record is on file in the City Clerk's Office and on -line
at: http: / /www.yakimawa.gov /services /planning/ under Quick Links).
Resolution: X Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: .01!
City Manager
RECOMMENDATION:
The City of Yakima Planning Commission recommended approval of Comprehensive Plan Map Amendment
CPA#004-15 and denial of Rezone RZ#004-15 on November 16, 2015.
ATTACHMENTS:
Description Upload Date Type
d Proposed OrdinanceCIPA00415-What the Hay 11/24/2015 Ordinance
d Proposed IResollutlion CIPA00415 11/24/2015 IResollutlion
d Exhibit A YIPC IFindings & IRecommendation 11/24/2015 [Exhibit
d [Exhibit 3 Leqa [Description 11/24/2015 [Exhibit
d
Maps What the Hay LLC 12/2/2015 Backup Material
d Compllete Record is OnlIOne 11/20/2015 Backup Materliall