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Home My WebLink About12/03/2024 07.E. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment (CPA#001-24) and Rezone (RZ#001-24)for five parcels in the vicinity of the 2000 block of Viola Ave and Simpson Ln `y � ljlt r s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.E. For Meeting of: December 3, 2024 ITEM TITLE: Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment (CPA#001-24) and Rezone (RZ#001-24)for five parcels in the vicinity of the 2000 block of Viola Ave and Simpson Ln SUBMITTED BY: Trevor Martin, Planning Manager SUMMARY EXPLANATION: The Yakima City Council held an open record public hearing on November 4, 2024, 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: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: ORDINANCE CPA#001-24, RZ#001-24 24 ORDINANCE NO. 2024- AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of Yakima for parcels 191329-43514, 191329-43442, 191329-43443, 191329-43510, & 191329-43515 as follows: Future Land Use Map from Mixed Residential to Industrial and Zoning Map from Two-Family Residential (R-2) to Light Industrial (M-1) 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 16, 2024, the City Council adopted Resolution No. R-2024-021 to open the Comprehensive Plan Amendment process for 2024; and WHEREAS, on April 3, 2024, DMD Development submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental Review (CPA#001-24, RZ#001- 24, SEPA#004-24) requesting to change the Future Land Use Map designation for parcel 19132943514, 19132943442, 19132943443, 19132943510, & 19132943515, which are legally described in Exhibit "B" attached hereto and incorporated herein by this reference, from Mixed Residential to Industrial and to concurrently rezone from Two-Family Residential (R-2) to Light Industrial (M-1); and WHEREAS, The applications were considered complete for processing on June 4, 2024 and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 13, 2024, and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsignificance issued on July 22, 2024, 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 May 8, 2024; and 25 WHEREAS, after proper notice, on August 13, 2024, 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 28, 2023, 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 4, 2024, 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 4, 2024, 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 1. Findings, Analysis and Conclusions. Subject to the specific terms of this Ordinance, the Yakima City Council adopts the August 28, 2024 findings, conclusions, and recommendation of the Yakima Planning Commission for CPA#001-24 and RZ#001-24. 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. Severability/Validity. 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. 26 PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of December, 2024. ATTEST: Patricia Byers , Mayor Rosalinda Ibarra, City Clerk Publication Date: December 7, 2024 Effective Date: January 6, 2025 27 Exhibit "A" YPC Recommendation YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR COMPREHENSIVE PLAN AMENDMENT AND REZONE CPA#001-24, RZ#001-24 August 28, 2024 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 3. 2024, applications for Comprehensive Plan Amendment and Rezone were submitted by DMD Development LLC., to amend the Future Land Use map designation for five parcels from Mixed Residential to Industrial and concurrent rezone from Two-family Residential (R-2)to Light Industrial (M-1). Parcels: 19132943514, 19132943442. 19132943443 19132943510, & 19132943515 (City File CPA#001-24, RZ#001-24). and WHEREAS, The applications were considered complete for processing on June 4, 2024, and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 13, 2024; and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsignificance issued on July 2, 2024_ which was not appealed (City File SEPA#004-24), and WHEREAS, The YPC held a study session to review this Comprehensive Plan Amendment and Rezone May 8, 2024: and WHEREAS, The Yakima Planning Commission held an open record public hearing August 13, 2024 to hear testimony from the public, consider the Amendment and Rezone, 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: rx 28 APPLICATION # CPA#001-24. RZ#001-24 APPLICANT: DMD Development LLC. APPLICANT ADDRESS: 1602 Rudkin Rd Yakima. WA 98903 PROJECT LOCATION: 2001 Simpson Ln & 2002, 2010 2012, 2014 E Viola Ave. PARCEL(S): 19132943514, 19132943442, 19132943443, 19132943510, & 19132943515 FINDINGS OF FACT 1 The applicant requests to amend the Comprehensive Plan Future Land Use Map designation for five parcels from Mixed Residential to Industrial and concurrent rezone from Two-family Residential (R-2) to Light Industrial (M-1). 2 The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review dunng their August 13, 2024 public hearing, with the recommendation of APPROVAL of the proposed amendment and rezone 3. 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 bring additional parcels to the same consistent zoning designation as already existing parcels and uses on the subject property located at 2001 Simpson Ln & 2002, 2010. 2012, 2014 E Viola Ave. b_ 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. c. The proposed amendment from Mixed Residential to Industrial is consistent with the applicable criteria found in YMC § 16.10.040 4. The proposed Rezone from Two Family Residential (R-2)to Light Industrial (M-1) is consistent with the applicable approval criteria in YMC § 15 23.030. as follows: a Testimony at the public hearing was considered b. The property is suitable for uses within the M-1 zoning district. c The M-1 zoning district is an implementing zone of the Industrial Future Land Use Designation. d The property is currently capable of being served by all necessary public utilities 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 will enable a consistent use and development of property into an area that is already developed with light industrial uses CONCLUSIONS 1 No adverse impacts have been identified: 2 No written or verbal comments were received during public testimony 3. This proposal underwent Environmental Review, 4. The proposed Comprehensive Plan Future Land Use Map Amendment from Mixed Residential to Industrial with a concurrent Rezone from Two-Family Residential (R-2)to Light Industrial (M-1) is consistent with the Yakima Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2040 29 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 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 and Rezone were submitted by DMD Development LLC., to amend the Future Land Use map designation for five parcels from Mixed Residential to Industrial and concurrent rezone from Two-family Residential (R-2) to Light Industrial (M-1). SIGNED this 28' day of August, 2024 By. A, i Mary,Pfacc, Chair Valdivia Planning Commission 30 Exhibit "B" Legal Description Parcel No: 19132943514 - CHARLES S SIMPSON'S FIVE ACRE TRACTSN1/2 OF W 67 FT OF E 134 FT OF TR 23 Parcel No: 19132943442 - CHAS.SIMPSON 5 ACRE TRS: W1/2 N1/2 N1/2 OF W2 AC OF LOT 23 1971 BON PRIX 48X12 SER# OW1632 1960 NEW MOON 50X10 SER# R33118 1954 ROYAL CROWN 40X8 SER# 11637 Parcel No: 19132943443 - CHAS.SIMPSON 5 ACRE TRS: E1/2 N1/2 N1/2 OF W2 AC OF LOT 23 Parcel No: 19132943510 - Section 29 Township 13 Range 19 Quarter SE: Plat CHAS. SIMPSON'S FIVE ACRE TRACTS: S1/2 N1/2 OF W 2 ACRES OF LOT 23 EX S 20 FT OF W 20FTRDR/W Parcel No: 19132943515- CHARLES S SIMPSON'S FIVE ACRE TRACTS N1/2 OF W 67 FT OF E 201 FT OF TR 23 31