HomeMy WebLinkAbout11/13/2018 06C Comprehensive Plan Amendment and Rezone; Coastal Farm Real Estate, Inc. 4'
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.C.
For Meeting of: November 13, 2018
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#001-18)and concurrent
Rezone (RZ#002-18) request by Coastal Farm Real Estate Inc.
SUBMITTED BY: Joan Davenport,AICP, Community Development Director
Joseph Calhoun, Planning Manager(509) 575-6042
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on November 6, 2018 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: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
L C-dinance 10/30/2018 C dinance
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ORDINANCE NO. 2018-
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for parcels 191331-14023, 14024, 14024, and 14041 as follows:
Future Land Use Map from Industrial to Commercial Mixed Use, and
Zoning Map from Light Industrial (M-1) 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, 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 February 6, 2018, the City Council adopted Resolution No. R-2018-015
to open the Comprehensive Plan Amendment process for 2018; and
WHEREAS, on April 27, 2018 PLSA Engineering and Surveying, on behalf of Coastal
Farm Real Estate INC, submitted applications for Comprehensive Plan Amendment, Rezone,
and Environmental Review (CPA#001-18, RZ#002-18, SEPA#004-18) requesting to change the
Future Land Use Map designation for parcels 191331-14023, 14024, 14024, and 14041, which
is legally described in Exhibit "B" attached hereto and incorporated herein by this reference,
from Industrial to Commercial Mixed Use and to concurrently rezone from Light Industrial (M-1)
to General Commercial (GC); and
WHEREAS, The applications were considered complete for processing on May 29, 2018
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 8,
2018, and July 5, 2018; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 5, 2018, 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 June 27, 2018; and
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WHEREAS, the YPC held a properly noticed public hearing on August 8, 2018, and
heard the staff presentation regarding the proposed CPA and Rezone, held a public hearing,
and considered the public testimony from Tom Durant; 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 was signed by the Chair on August 22, 2018, 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 6, 2018, 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,
the comments received at the public hearing held November 6, 2018, and the recommendation
from the Planning Commission, 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 22, 2018 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#001-18 and RZ#002-18. 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.
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PASSED BY THE CITY COUNCIL, signed and approved this 13th day of November, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
is as,w‘. Joan Davenport,A1CP,Director
Planning Division
Joseph Calhoun Manager
r OF YAKWA
ni • 129 North Second Street,2 Floor,Yakima,WA 98901
ask.planningayakimawa.gov•www.yakimawa„goviserviees/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#001-1 8, RZ#002-1 8
August 22,2018
WHEREAS,The City of Yakima adopted the Yakima Comprehensive Plan 2040 in June
6, 2017; and
WHEREAS,The City of Yakima last amended its Title 15 Zoning Ordinance on 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 27,2018 applications for Comprehensive Plan Amendment and
Rezone were submitted by PLSA Engineering and Surveying, on behalf of Coastal Farm and
Real Estate INC.,to amend the Comprehensive Plan Future Land Use Map Designation from
Industrial to Commercial Mixed Use, and concurrently Rezone from Light Industrial(M-1)to
General Commercial(GC), parcels 191331-14023, 14024, 14025,and 14041 (City File
CPA#001-18, RZ#002-18); and
WHEREAS,The applications were considered complete for processing on May 29, 2018
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June 8,
2018, and July 5, 2018;and
WHEREAS,SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 5,2018,which was not appealed(City File SEPA#004-18); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on June 27, 2018;and
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WHEREAS,The Yakima Planning Commission held an open record public hearing on
August 8, 2018 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#001-18, RZ#002-18
APPLICANT: PLSA Engineering and Surveying,on behalf of Coastal Farm and Real
Estate INC
APPLICANT ADDRESS: 521 N 20th Ave, Ste 3, Yakima,WA 98902
PROJECT LOCATION: 13& 15 E VVashington/802 E. Russell
PARCEL(S): 191331-14023, 14024, 14025, 14041
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Industrial to Commercial Mixed Use with a concurrent Rezone from
Light Industrial(M-1)to General Commercial (GC)to facilitate the planned expansion of
an existing retail use.
2. The subject parcels are approximately 4.1 acres in size and are surrounded by industrial
and commercial uses and zoning.
3, The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their August 8, 2018 public hearing,with the
recommendation of APPROVAL of the proposed amendment and rezone.
4. The proposed Comprehensive Plan Amendment is consistent with the applicable
approval criteria in YMC§16.10.040, as follows:
a. The amendment will facilitate the planned expansion of an existing retail use.
b. The Commercial Mixed Use designation implements several goals and policies of the
2040 plan.
c. 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.
d. In consideration of cumulative impacts, even though this amendment will remove
Industrial land,there will still be a 2.64 acre net gain within the city limits.
5, The proposed Rezone from Light Industrial (M-1)to General Commercial(GC) is
consistent with the applicable approval criteria in YMC§15.23.030, as follows:
a. Tom Durant from PLSA Surveying and Engineering testified on behalf of the
applicant in favor of the proposed amendment and rezone.
b. The property is suitable for uses within the GC zoning district and will facilitate the
planned improvement to an existing retail use.
c. The GC zoning district is an implementing zone of the Commercial 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 is to provide additional area for retail hardware and
farm supplies.
Yakima
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Zits
199,
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CONCLUSIONS
1. The Amendment and Rezone are minor in nature;
2. No adverse impacts have been identified;
3. No written comments or testimony was received in opposition to the request;
4. This proposal underwent Environmental Review;
5. The proposed Comprehensive Plan Future Land Use Map Amendment from Industrial to
Commercial Mixed Use with a concurrent Rezone from Light Industrial (M-1)to General
Commercial(GC)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, arid having received and reviewed the record
herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed
Comprehensive Plan Amendment from Industrial to Commercial Mixed Use and Rezone from
Light Industrial (M-1)to General Commercial (GC)for files CPA#001-18 and RZ#002-18.
RECOMMENDED this 22"d day of August 2018.
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By: Patdcia Byers,Chair
Yakima Planning Ccimuission
Yakut,.
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200
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Exhibit "B"
Legal Description
Parcel 191331-14041:
Section 31 Township 13 Range 19 Quarter NE: BEG 30 FT N OF SE COR NE1/4, TH W 335
FT, TH N 617 FT M/L TO S LN RD (RUSSELL LN) R/W, TH E AL SD R/W TO W'LY LN ST RD
#3 (S 1ST ST) R/W,TH SW'LY AL SD R/W TO A PT 30 FT N OF S LN NW1/4 SEC 32, TH W
TO POB EX BEG 30 FT N OF SE COR NE1/4 SEC 31, TH W 111.23 FT, TH N 150 FT, TH E
170 FT M/L TO W'LY LN ST RD #3 (S 1ST ST) R/W, TH SE'LY AL SD R/W TO A PT 30 FT N
OF S LN NW1/4 SEC 32, TH W TO POB
Parcel 191331-14025:
Section 31 Township 13 Range 19 Quarter NE: BEG 30 FT N & 335 FT W OF SE COR
SE1/4 NE1/4, TH N 637 FT,TH W 131 FT,TH S 635.8 FT,TH 131 FT TO POB. EX N 150 FT OF
E 100 FT & EX N 25 FT RD.
Parcel 191331-14024:
Section 31 Township 13 Range 19 Quarter NE: W 204 FT OF E 660 FT OF N 306 FT OF S 336
FT OF NE1/4
Parcel 191331-14023:
Section 31 Township 13 Range 19 Quarter NE: BEG 30 FT N &660 FT W OF SE COR NE1/4,
TH N 612 FT,TH E 204 FT,TH S 612 FT,TH W 204 FT TO BEG.EX S 306 FT