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Home My WebLink About12/03/2024 07.F. Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment (CPA#002-24) and Rezone (RZ#002-24)for 7500 W Nob Hill Blvd `y7ljlt r<- ii! ! . il BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: December 3, 2024 ITEM TITLE: Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment (CPA#002-24) and Rezone (RZ#002-24)for 7500 W Nob Hill Blvd SUBMITTED BY: Trevor Martin, Planning Manager *Connor Kennedy, Associate Planner 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_amend flu map and rezone_CPA#002-24, RZ#002-24 32 ORDINANCE NO. 2024- AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of Yakima for parcel 181329-31401 as follows: Future Land Use Map from Commercial Mixed Use to Community Mixed Use, and Zoning Map from Large Convenience Center District (LCC) to Local Business District(B-2). 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, YMC Ch. 16.10 provides 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 16, 2024, HLA Engineering & Surveying Inc. submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental Review (CPA#002-24, RZ#002-24, SEPA#005-24) requesting to change the Future Land Use Map designation for parcel 181329-31401, which is legally described in "Exhibit B' attached hereto, and incorporated herein by this reference, from Commercial Mixed Use to Community Mixed Use, and to concurrently rezone from Large Convenience Center (LCC) to Local Business (B-2); and WHEREAS, The applications were considered complete for processing on June 7, 2024 and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 11, 2024; and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsignificance issued on June 28, 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 August 28, 2024; and WHEREAS, after proper notice, on September 11, 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, 33 WHEREAS, pursuant to the approval criteria set forth in YMC § 16.10.040 and YMC § 15.23.030, the YPC voted unanimously to recommend approval of the proposal; and WHEREAS, the YPC recommendation and findings was signed by the Chair on September 25, 2024, 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, and after holding a public hearing on November 4, 2024, where no public testimony was provided, 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 September 25, 2024 findings, conclusions, and recommendation of the Yakima Planning Commission for CPA#002-24 and RZ#002-24. 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. 34 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 35 EXHIBIT A PLANNING COMMISSION FINDINGS YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR COMPREHENSIVE PLAN AMENDMENT AND REZONE CPA#002-24, RZ#002-24 September 25, 2024 WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 in June 6 2017 and WHEREAS, The Washington Growth Management Ad 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 16. 2024. applications for Comprehensive Plan Amendment and Rezone were submitted by HLA Engineenrg & Land Surveying Inc.. to amend the Future Land Use map designation for a portion of a split zoned parcel from Commercial Mixed-Use to Community Mixed-Use2 and concurrent rezone from Large Convenience Center (LLC) to Local Business (B-2). Parcels: 181329-31401 (City File CPA#002-24. RZ#002-24), and WHEREAS, The applications were considered complete for processing on June 7. 2024, and public notice was provided. in accordance with the provisions of YMC Ch. 16.10, on June 11. 2024. and WHEREAS, SEPA Environmental Review was completed with a Determination of Nonsigrificarce issued on June 28. 2024. which was rot appealed (City File SEPA#005-24)_ and WHEREAS, The YPC held a study session to review this Comprehensive Plan Amerdmert and Rezone August 28, 2024. and WHEREAS, The Yakima Planning Commission held an open record public heanrg September 11. 2024 to hear testimony from the public. consider the Amendment and Rezone. and provide a recommendation to the Yakima City Council. 36 Now therefore, the Yakima City Planning Commission presents the following findings of fact, conclusions, and recommendation to the Yakima City Council: APPLICATION # CPA#002-24. RZ#002-24 APPLICANT: HLA Engineering & Land Surveying Inc APPLICANT ADDRESS: 2803 River Rd, Yakima, WA 98902 PROJECT LOCATION: 7500W Nob Hill Blvd. PARCEL(S): 181329-31401 FINDINGS OF FACT 1. The applicant requests to amend the Comprehensive Plan Future Land Use Map designation for a portion of a split zoned parcel from Commercial Mixed-Use to Community Mixed-Use and concurrent rezone from Large Convenience Center(LLC) to Local Business (B-2). 2. The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review during their September 11. 2024 public hearrg. with the recommendation of APPROVAL of the proposed amendment and rezone 3 The proposed Comprehensive Plan Amendment is consistent with the applicable approval cntena in YMC § 16 10 040. as follows: 4. The purpose of this request is to the full parcel to the same consistent zoning designation as the parcel is currently split zoned with Large Convenience Center(LLC) and Local Business(B-2). a. 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 b The proposed amendment from Commercial Mixed-Use to Community Mixed-Use is consistent with the applicable cntena found in YMC § 16.10.040 5. The proposed Rezone from Large Convenience Center (LLC) to Local Business (B-2) is consistent with the applicable approval cnteria in YMC § 15 23 030. as follows: a. Testimony at the public heanng was considered. b. The property is suitable for uses within the B-2 zoning district. 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 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 devebpmert of property into an area that is already devebped with light industrial uses CONCLUSIONS 1. No adverse impacts have been identified: 2. Verbal testimony in support of the proposal was provided by the applicant. 3. This proposal underwent Environmental Review, 4. The proposed Comprehensive Plan Future Land Use Map Amendment from Commercial Mixed-Use to Community Mixed-Use with a concurrent Rezone from Large Convenience Center (LLC) to Local Business (B-2) is consistent with the Yakima Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2040. 37 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 HLA Engineering & Land Surveying Inc. to amend the Future Land Use map designation for a split zoned parcel from Commercial Mixed-Use to Community Mixed-Use and concurrent rezone from Large Convenience Center (LLC) to Local Business (B-2) SIGNED this 25" day of September. 2024. By Mae Maryce, Chair Yaki a Planning Commission 38 EXHIBIT B LEGAL DESCRIPTION Parcel - 181329-31401: SP 87-32, Lot 2 39