HomeMy WebLinkAbout2024-045 Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment (CPA#004-24) and Rezone (RZ#004-24)for property in the vicinity of 2300 E. Birch Street ORDINANCE NO. 2024-045
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for parcel 191329-41410 as follows: Future Land Use Map from
Low Density Residential to Commercial Mixed Use, and Zoning Map from
Suburban Residential (SR) to General Commercial (GC).
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 30, 2024, the City of Yakima Planning Division submitted
applications for Comprehensive Plan Amendment, Rezone, and Environmental Review
(CPA#004-24, RZ#004-24, SEPA#007-24) for parcels 191329-41406, 191329-41410, &
191329-41412 requesting to change the future land use map designation from Low Density
Residential to Commercial Mixed Use and to concurrently rezone from Suburban Residential
(SR) to General Commercial (GC);
WHERAS, On August 23, 2024 a lot line adjustment was finalized by Yakima County
following a Short Plat Exemption approved by the Planning Division on August 9, 2024, which
resulted in the proposed comprehensive plan amendment and rezone area now containing
parcels 191329-41406, 191329-41410, 191329-41412, and portions of 191328-32006 and
191329-44003; and
WHEREAS, The applications were considered complete for processing on July 24, 2024
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on August
13, 2024, and August 29, 2024; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on August 29, 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 September 11, 2024; and
WHEREAS, after proper notice, on September 25, 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 voted 8 to 1 to modify the recommended approval of the proposal and limit
the CPA and Rezone to parcel 191329-41410, the parcel currently being leased by
Comprehensive Healthcare, which is legally described in Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, the YPC recommendation and findings was signed by the Chair on October
9, 2024, a copy of which is found in Exhibit "B" 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 19, 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 19, 2024, where public testimony was provided, hereby finds and determines that
approval of the CPA and Rezone recommended by the Planning Commission 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 October 9, 2024 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#004-24 and RZ#004-24. A copy
of said recommendation is attached as Exhibit "B".
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.
Exhibit A
That portion of Tract 40 of GOODWIN'S FIVE ACRE TRACTS, according to the official plat
thereof, recorded in Volume "A" of Plats, Page 18, records of Yakima County,Washington,
described as follows:
Beginning at the Southwest corner of said Tract 40; thence North 0°15'41" East, along the West
line thereof 67.59 feet to the True Point of Beginning; thence South 89°42'44" East 80.05 feet;
thence North 0°15'41" East 238.88 feet; thence North 89°41'14" West 80.00 feet to said West
line; thence South 0°15'41"West, along said West line, a distance of 236.12 feet to the True
Point of Beginning.
,L11' Y-1'fir,,, COMMUNITY DEVELOPMENT DEPARTMENT Exhibit B
}7-� �� Bill Preston,P.F„, Director
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y Trevor Martin,AICP,Manager
� Planning Division
., ,,�4.7 129 North Second Street,2nd Floor Yakima, Washington 98901
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NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
DATE: October 11,2024
TO: Applicant,Adjoining Property Owners and Parties of Record
SUBJECT: Notice of the Yakima Planning Commission's Recommendation
FILE#(S): CPA#004-24, R7.#004-24, SEPA#007-24
APPLICANT: City of Yakima
PROJECT LOCATION: 2210&2300 E Birch St
On October 9, 2024,the City of Yakima Planning Commission rendered its written recommendation on
CPA#004-24,RZ#004-24,SEPA#007-24.A proposed change to the Future Land Use map designation for
three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from
Suburban Residential(SR)to General Commercial(GC).
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.planningi yakimawti.gov
fib .., :t-,t.„............„
•,va Rivera
Planning Technician
Date of Mailing: October 11,2024
Enclosures: Planning Commission's Recommendation
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'� �. Bill Preston, P.E.,Director
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Phone(509)575-6I83 • Fax(509)575-6105 • Email:ask.planning@yakinzawa.gov
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#004-24, RZ#004-24, SEPA#007-24
October 9, 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 April 30, 2024 an application for a Comprehensive Plan Amendment
and Rezone was submitted by the City of Yakima Planning Division on behalf of Comprehensive
Healthcare, to change the Future Land Use designation from Low Density Residential to
Commercial Mixed Use and Rezone from Suburban Residential(SR)to General Commercial
(GC), parcels 191329-41406, 191329-41410, & 191329-41412(CPA#004-24, RZ#004-24); and
WHEREAS, The applications were considered complete for processing on July 24, 2024
and public notice was provided, in accordance with the provisions of YMC Ch. 15.23,on August
13, 2024, and
WHEREAS, On August 23, 2024 a lot line adjustment was finalized by Yakima County
following a Short Plat Exemption approved by the Planning Division on August 9, 2024, which
resulted in the proposed rezone area now containing parcels 191329-41406, 191329-41410,
and portions of 191328-32006 and 191329-44003, and
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WHEREAS,SEPA Environmental Review was completed with a determination of
Nonsignificance issued on August 29, 2024, which was not appealed (SEPA#007-24);
WHEREAS,the Yakima Planning Commission held an open record public hearing on
September 25, 2024 to hear testimony from the public, consider the Comprehensive Plan
Amendment and Rezone, and provide a recommendation to the Yakima City Council:
Now therefore,the Yakima Planning Commission presents the following findings of fact,
conclusions, and recommendation to the Yakima City Council:
APPLICATION#: CPA#004-24, RZ#004-24, SEPA#007-24
APPLICANT: City of Yakima Planning Division
APPLICANT ADDRESS: 129 N. 2nd St., Yakima, WA 98901
PROJECT LOCATION: 2300 E. Birch St.
PARCEL(S): 191329-41406, -41410, &-41412(old]
191328-32006, 191329-41406, -41410, &-44003[new)
I. FINDINGS OF FACT:
A. The applicant requests to change the Future Land Use category from Low Density
Residential to Commercial Mixed Use and Rezone from Suburban Residential to
General Commercial.
B. The subject property is approximately 7.57 acres in size and is surrounded by
commercial and industrial uses with commercial and residential zoning.
C. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during its September 25, 2024 public hearing, with the
recommendation of APPROVAL of the proposed rezone.
D. The proposed Comprehensive Plan Amendment and Rezone from Suburban
Residential(SR)to General Commercial (GC) is consistent with the applicable
approval criteria in YMC § 15.23.030, as follows:
1. Jodi Daly. representing Comprehensive Healthcare, testified in favor of the
proposed rezone.
2. Konner Hopkins and Will Hollingbery, representing the Yakima Greenway
Foundation, testified in favor of the proposed rezone if limited to the parcel
leased by Comprehensive Healthcare, but were opposed to rezoning the entire
proposed area,with concerns regarding future commercial development within
the Greenway Overlay.
3. The property is suitable for uses within the GC zoning district and will allow for a
mental health services clinic to be built adjacent to Camp Hope.
4. The GC zoning district is an implementing zone of the Commercial Mixed Use
Future Land Use Designation.
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5. The property is currently capable of being served by all necessary public utilities,
or have utilities extended, and can be accessed by public streets.
6. The proposed Rezone is considered compatible with the surrounding
neighborhood and no mitigation is proposed at this time.
7. The public need for this Rezone is to allow for a mental health services clinic to
be built adjacent to Camp Hope, which will be reviewed administratively by the
Planning Division separately from this rezone request.
8 Pursuant to the Memorandum of Understanding(R-2023-112) between the City
of Yakima and Comprehensive Healthcare, if the rezone is not approved,the City
will not appeal the decision.
E. During YPC deliberation, it was decided to modify the recommendation as presented
by the Planning Division and limit the comprehensive plan amendment and rezone to
the parcel currently being leased by Comprehensive Healthcare. The other parcels
that were a part of this application will continue to be zoned SR with a future land use
designation of Low Density Residential.
II, 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, limited to parcel#191329-41410, to the Yakima
City Council. The motion carried 8-1.
III. 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 Comprehensive Plan Amendment(CPA#004-24)from
Low Density Residential to Commercial Mixed Use and Rezone (RZ#004-24)from
Suburban Residential(SR)to General Commercial (GC), which shall be limited to parcel
#191329-41410.
SIGNED this 9th day of October, 2024.
By. /% ' / k
Mary ce, Chair
Yaki Planning Commission
3
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.
PASSED BY THE CITY COUNCIL, signed and approved this 10th day of December, 2024.
(AKIMq `‘4
ATTEST: •.. 'q Patricia Byer, , Mayor
:•SEAL •: ';
'PA/ ‘,..igifb _*_ is
'osalinda Ibarra, City Clerk hk\sH7NG'..
Publication Date: December 14, 2024
Effective Date: January 13, 2025
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.R.
For Meeting of: December 10, 2024
ITEM TITLE: Ordinance adopting the City Council's decision on the Comprehensive
Plan Amendment (CPA#004-24) and Rezone (RZ#004-24)for
property in the vicinity of 2300 E. Birch Street
SUBMITTED BY: Trevor Martin, Planning Manager
*Eric Crowell, Senior Planner
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on November 19, 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:
ORD CPA-004-24
220