HomeMy WebLinkAbout11/13/2018 06D Comprehensive Plan Amendment and Rezone; Yakima Valley Farmworkers Clinic 5l
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.D.
For Meeting of: November 13, 2018
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#002-18)and concurrent
Rezone (RZ#003-18) request by Yakima Valley Farmworkers Clinic
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
C dinance 10/31/2018 Ordinance
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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 191330-41425, 41426, 41427, 41428, 41431, 41432
as follows: Future Land Use Map from Mixed Residential to Commercial
Mixed Use, and Zoning Map from Two-Family Residential (R-2) to
General Commercial (GC); and changing the Future Land Use
Designation for parcels 191330-41429 and 41430 from Mixed Residential
to General Commercial.
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 30, 2018 Hordan Planning Services, on behalf of Yakima Valley
Farmworkers Clinic, submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review (CPA#002-18, RZ#003-18, SEPA#005-18) requesting to change the
Future Land Use Map designation for parcels 191330-41425, 41426, 41427, 41428, 41431,
41432, which is legally described in Exhibit "B" attached hereto and incorporated herein by this
reference, from Mixed Residential to Commercial Mixed Use and to concurrently rezone from
Two-Family Residential (R-2) 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
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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
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,
considered the public testimony from Bill Hordan; and,
WHEREAS, during deliberation, the YPC recommended to change the Future Land Use
Designation of parcels 191330-41429 and 41430 (legally described in Exhibit "B") from Mixed
Residential to Commercial Mixed Use and leave the zoning unchanged; 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#002-18 and RZ#003-18. 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.
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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 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
• se sweet... Joan Davenport,AICP,Director
Planning Division
Joseph Calhoun,Manager
cif Y OF YAK MA
• rum • 129 North Second Street,2"Floor,Yakima,WA 98901
ask.planning@yakimawa.gov www.yakirnawa.gov/services/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#002-18,RZ#003-18
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 30, 2018 applications for Comprehensive Plan Amendment and
Rezone were submitted by Hordan Planning Services, on behalf of Yakima Valley Farmworkers
Clinic,to amend the Comprehensive Plan Future Land Use Map Designation from Mixed
Residential to Commercial Mixed Use, and concurrently Rezone from Two-Family Residential
(R-2)to General Commercial (GC), parcels 191330-41425,41426,41427,41428,41431, and
41432(City File CPA#002-18, RZ#003-18); 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#002-18, RZ#003-18
APPLICANT: Hordan Planning Services, on behalf of Yakima Valley Farmworkers
Clinic
APPLICANT ADDRESS: 410 N 2'd St, Yakima,WA 98901
PROJECT LOCATION: Vicinity of S 7th St and Wilson Ln
PARCEL(S): 191330-41425, 41426, 41427,41428,41431,41432
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Mixed Residential to Commercial Mixed Use with a concurrent Rezone
from Two-Family Residential(R-2)to General Commercial(GC)to facilitate the planned
expansion of an existing office/clinic use.
2. The subject parcels are approximately 1,83 acres in size and are surrounded by
residential 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 office/clinic 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 the 2018 amendments will
remove 1.98 acres of Mixed Residential land,there will still be approximately 565.88
acres of vacant, agriculture, partially used, and underutilized land available,which is
more than enough to meet 2040 growth targets.
5. The proposed Rezone from Two-Family Residential(R-2)to General Commercial(GC)
is consistent with the applicable approval criteria in YMC§ 15,23.030, as follows:
a. Bill Hordan from Hordan Planning Services 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 expansion of an existing office/clinic 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, or
have utilities extended,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.
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41•WEIN
2013'
1394
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f. The public need for this Rezone is to provide additional area for retail hardware and
farm supplies.
6, During YPC deliberation, it was decided to modify the proposal as follows:
a. The parcels within the proposal are bisected by parcels 191330-41429 and 41430,
whose property owner(s)did not sign the applications.
b. As a result,the proposed amendments would not consist of a concurrent area.
c. Yakima Valley Farmworkers Clinic plans on purchasing the above listed parcels in
the future.
d. All proposed parcels are recommended to be amended to the Commercial Mixed
Use Comprehensive Plan Future Land Use Map Designation and concurrently
Rezoned to General Commercial(GC).
e. In addition, parcels 191330-41429 and 41430 are recommended to change the
Future Land Use Designation to Commercial Mixed Use but retain the current R-2
zoning. This will result in no changes to the current zone which would impact the
current property owner, and will allow for a subsequent Rezone to GC in the future.
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 Mixed
Residential to Commercial Mixed Use with a concurrent Rezone from Two-Family
Residential (R-2)to General Commercial(GC)is consistent with the Yakima Urban Area
Zoning Ordinance and Yakima Comprehensive Plan 2040.
6. Parcels 191330-41429 and 41430 are recommended to change from Mixed Residential
to Commercial Mixed Use and retain the Two-Family Residential(R-2)Zoning.
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 from Mixed Residential to Commercial Mixed Use and Rezone
from Two-Family Residential(R-2)to General Commercial(GC)for files CPA#002-18 and
RZ#003-18,and also to amend the Future Land Use Designation of parcels 191330-41429 and
41430 from Mixed Residential to Commercial Mixed Use.
RECOMMENDED this 22"d day of August 201 E
J '
By: /.(1-9. l Qe/
Patric! Byers,Chair
Yakinia Planning Com fission
2013
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Exhibit "B"
Legal Description
Parcel 1 91 30-41 425:
Section 30 Township 13 Range 19 Quarter SE CENTRAL PARK ADD S 58 FT OF N 253 FT OF W 229
FT OF LOT 17
Parcel 1 91 330-41 426:
Section 30 Township 13 Range 19 Quarter SE CENTRAL PARK ADD S 58 FT OF N 311 FT OF W 229
FT OF LOT 17
Parcel 1 91 330-41 427:
Section 30 Township 13 Range 19 Quarter SE CENTRAL PARK ADDITION (A-46) Commencing at the
Northwest corner of Lot 17, thence South along the West line of said Lot, 311 feet t beginning, thence
South 58 feet, thence East parallel with the North line of said Lot, 219 feet, thence North 58 feet, thence
West 219 feet to the Point of Beginning, EXCEPT the East 20 roadway
Parcel 1 91 330-41 428:
Section 30 Township 13 Range 19 Quarter SE: Plat CENTRAL PARK ADDITION (A-46): That portion of
Lot 17 described as follows: Beginning at a point on the West line of said Lot, 369 feet South of it's
Northwest corner, thence East Parallel with the North line of said Lot, 115 feet to the True Point of
Beginning, thence South 53 feet, thence East parallel with said North line 84 feet, thence North 53 feet,
thence West 84 feet to the True Point of Beginning, TOGETHER WITH the North 48.25 feet of the South
203 feet of the West 166 feet of said Lot 17, ALSO commencing at the Northwest corner of said Lot 17,
thence South along the West line of said Lot, 369 feet to the Point of Beginning, thence South 58 feet,
thence East 219 feet, thence North 58 feet, thence West 219 feet to the Point of Beginning, EXCEPT the
East 20 feet for roadway AND EXCEPT the North 53 feet of the East 84 feet of said Tract
Parcel 1 91 330-41 432:
Section 30 Township 13 Range 19 Quarter SE: CENTRAL PARK ADD W 96.33 FT OF S 106.5 FT OF
LOT 17
Parcel 1 91 330-41 431:
Section 30 Township 13 Range 19 Quarter SE: CENTRAL PARK ADD E 66 1/3 FT OF W 132 2/3 FT OF
S 106.5 FT OF LOT 17
Parcel 1 91 330-41 429:
Section 30 Township 13 Range 19 Quarter SE: CENTRAL PARK ADD: S 48.25 FT OF N 96.5 FT OF S
203 FT OF W 2299 FT OF LOT 17
Parcel 1 91 330-41 430:
Section 30 Township 13 Range 19 Quarter SE: CENTRAL PARK ADD E 66 1/3 FT OF S 106.5 FT OF W
199 FT OF LOT 17