HomeMy WebLinkAbout2024-042 Comprehensive Plan Amendment (CPA#003-24) and Rezone (RZ#003-24)for 8603 & 8604 Ahtanum Rd ORDINANCE NO. 2024-042
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for parcels 181206-23028, 181206-23027 & 181206-23019 as
follows: Future Land Use Map from Low Density Residential to
Community Mixed-Use and Zoning Map from Suburban Residential (SR)
to Local Business (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, 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 30, 2024, Hordan Planning Services, on behalf of Grimes Co. and
Expensive Hay LLC. submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review (CPA#003-24, RZ#003-24, SEPA#006-24) requesting to change the
Future Land Use Map designation for parcels 18120623028, 18120623027 & 18120623019,
which are legally described in Exhibit "B" attached hereto and incorporated herein by this
reference, from Low Density Residential to Community Mixed-Use and to concurrently rezone
from Suburban Residential Residential (SR) to Local Business (B-2); 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; 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
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, 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, 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 24, 2023 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#003-24 and RZ#003-24. 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. 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. 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.
Exhibit "A"
YPC Recommendation
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#003-24, RZ#003-24
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 30. 2024 applications for Comprehensive Plan Amendment and
Rezone were submitted by Hordan Planning Services of behalf of Grimes Co and Expensive
Hay LLC., to amend the Future Lard Use map designation for three parcels from Low Density
Residential to Community Mixed-Use and concurrent rezone from Suburban Residential (SR) to
Local Business (B-2). Parcels 18120623028, 18120623027 & 18120623019 (City File
CPA#003-24, RZ#003-24); 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#006-24). 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:
APPLICATION # CPA#CO3-24, RZ#003-24
APPLICANT: Nordin Planning Services on behalf of Grimes Co & Expensive Hay
LLC.
APPLICANT ADDRESS: 410 N. 2nd St., Yakima, WA 98901
PROJECT LOCATION: 8603 & 8604 W. Ahtanum Rd.
PARCEL(S): 18120623028, 18120623027 & 18120623019
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation for three parcels from Low Density Residential to Community Mixed Use 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 during 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 adjacent properties
located near 8603 & 8604 W. Ahtanum Rd
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 Low Density Residential to Community Mixed Use is
consistent with the applicable criteria found in YMC § 16.10.040
4. The proposed Rezone from Suburban Residential (SR) to Local Business(B-2) is
consistent with the applicable approval critena in YMC § 15.23.030, as follows
a. Testimony at the public hearing 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 development of
property into an area that is already developed with similar uses
CONCLUSIONS
1. No adverse impacts have been identified;
2 No adverse 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 Low
Density Residential to Community Mixed Use with a concurrent Rezone from Suburban
Residential (SR) to Local Business (B-2) is consistent with the Yakima Urban Area
Zoning Ordinance and Yakima Comprehensive Plan 2040.
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 Hordan Planning Services of
behalf of Grimes Co. and Expensive Hay LLC., to amend the Future Land Use map designation
for three parcels from Low Density Residential to Community Mixed-Use and concurrent rezone
from Suburban Residential (SR) to Local Business (B-2)
SIGNED this 28" day of August, 2024.
By:
Ma ace, Chair
Yt a Planning Commission
Exhibit "B"
Legal Description
Parcel 181206-23027
The South 121 feet of the West 107 feet of the East 627 feet of that certain parcel of land as
described in warranty Deed to Elizabeth Chambers, recorded in Volume "V" of Deeds, Page
525, records of Yakima County, Washington, being more particularly described as follows:
Commencing 36 Rods and 6 Links (597.96) feet East of the Quarter Section comer on the West
line of Section 6, Township 12 North, Range 18 East, W.M.;
thence 40 Rods ( 660 feet) East to the center of road;
thence North 40 Rods (660 feet);
thence West 40 Rods (660 feet);
thence South 40 Rods (660 feet) to the point of beginning;
EXCEPT the South 30 feet for road.
Situate in Yakima County, Washington
Parcel 181206-23028
Beginning at a point situate 495 feet East of the Southwest corner of Government Lot 5, Section
6,
Township 12 North, Range 18 East, W.M.;
thence North 264 feet;
thence East 102.96 feet to the East line of the land conveyed to Elizabeth Chambers, by deed
recorded
February 8, 1897, in Volume "V" of Deeds, Page 525, records of Yakima County, Washington;
thence South 264 feet;
thence West 102.96 feet to the point of beginning;
EXCEPT the South 121 feet thereof;
AND the South 390 feet of the certain parcel of land as described in Warranty Deed to Elizabeth
Chambers, recorded in Volume "V" of Deeds, Page 525, records of Yakima County,
Washington, being
more particularly described as follows:
Commencing 36 Rods and 6 Links (597.96) East of the Quarter Section corner on the West line
of Section
6, Township 12 North, Range 18 East, W.M;
thence 40 Rods ( 660 feet) East to center of road;
thence North 40 Rods (660 feet);
thence West 40 Rods (660 feet);
thence South 40 Rods (660 feet) to the point of beginning;
EXCEPT the South 130 feet of the West 90 feet of the East 520 feet thereof;
AND EXCEPT the South 123 feet of the West 87.5 feet of the East 430 feet thereof;
AND EXCEPT the South 30 feet of the East 30 feet thereof for roads;
AND EXCEPT the South 121 feet of the West 107 feet of the East 627 feet thereof;
AND EXCEPT the South 121 feet thereof lying West of the East 627 feet thereof.
Situate in Yakima County, Washington
Parcel 181206-23019
The West 90 feet of the East 520 feet of the South 130 feet and the West 87.5 feet of the East
430 feet of the South 123 feet of that certain parcel of land as described in warranty Deed to
Elizabeth Chambers, recorded in Volume "V" of Deeds, Page 525, records of Yakima County,
Washington, being more particularly described as follows:
Commencing 36 Rods and 6 Links (597.96) feet East of the Quarter Section corner on the West
line of Section 6, Township 12 North, Range 18 East, W.M.;
thence 40 Rods (660 feet) East to the center of road;
thence North 40 Rods (660 feet);
thence West 40 Rods (660 feet);
thence South 40 Rods (660 feet) to the point of beginning;
EXCEPT the South 30 feet for road.
Situate in Yakima County, Washington
PASSED BY THE CITY COUNCIL, signed and approved this 3rd day o ecember, 2024.
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ATTEST: � ►►►► Patricia Bye , Mayor
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Rosalinda Ibarra, City Clerk I►►;y sr1iNc,"o
Publication Date: December 7, 2024
Effective Date: January 6, 2025
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.G.
For Meeting of: December 3, 2024
ITEM TITLE: Ordinance adopting the City Council's decision on the Comprehensive
Plan Amendment (CPA#003-24) and Rezone (RZ#003-24) for 8603 &
8604 Ahtanum Rd
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_amend flu map and rezone_CPA#003-24, RZ#003-24
40