HomeMy WebLinkAbout11/13/2018 06E Comprehensive Plan Amendment and Rezone; William Almon (17\\\_ )0,..r);
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.E.
For Meeting of: November 13, 2018
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#003-18)and concurrent
Rezone (RZ#004-18) request by William Almon
SUBMITTED BY: Joan Davenport,AICP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin,Associate Planner(509) 575-6162
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
0 achnence 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 parcel 181328-41405 as follows: Future Land Use Map from
Low Density Residential to Community Mixed Use, and Zoning Map from
Single Family Residential (R-1) to Professional Business (B-1)
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 William Almon,
submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental
Review (CPA#003-18, RZ#004-18, SEPA#006-18) requesting to change the Future Land Use
Map designation for parcels 181328-41405, which is 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 Single Family Residential (R-1) to Professional
Business (B-1); 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 July 11, 2018; and
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WHEREAS, the YPC held a properly noticed public hearing on August 22, 2018, and
heard the staff presentation regarding the proposed CPA and Rezone, held a public hearing,
considered 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 was signed by the Chair on August 31, 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 31, 2018 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#003-18 and RZ#004-18. 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
ease t*it ve. Joan Davenport A ICP, Director
7011 SWIM
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,Inseph c':eihouJt,Manager
arming 129' North Second Street,2'1 Hoar,Yakima,WA Q8901
ask,plartiring{i';yakimmka.y?ov vww.yakimawa,gov servicesiplanning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#003-18, RZ#004-18
August 31,2018
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 in June
8,2017.and
WHEREAS,The City of Yakima last amended its Title 15 Zoning Ordinance on June 8,
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 andlor 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 Harden Planning Services,on behalf of William Almon,to amend the
Comprehensive Plan Future Land Use Map Designation from Low-Density Residential to
Community Mixed Use,and concurrently Rezone from Single-Family Residential (R-1)to
Professional Business(B-1), parcel 181328-41405(City File CPA#003-18,RZ#004-16); 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.an 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 SEPAe006.18);and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on July 11,2018; and
WHEREAS,The Yakima Planning Commission held an open record public hearing an
August 22,2018 to hear testimony from the public, consider the Amendment and Rezone,and
provide a recommendation to the Yakima City Council;
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Now therefore,the Yakima City Planning Commission presents the following findings of
fact, conclusions,and recommendation to the Yakima City Council;
APPLICATION # CPAC03-18, RZ#004-18
APPLICANT: Hoiden Planning Services on behalf of William Almon
APPLICANT ADDRESS; 410 N 2 St.Yakima,WA 98901
PROJECT LOCATION: 1104 S 4e. Ave.
PARCEL(S): 181328-41405
FINDINGS OF FACT
1, The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Low-density Residential to Community Mixed Use with a concurrent
Rezone from Single-Family Residential (R-1) to Profession Business(0-1).
2. The subject parcels are approximately .68 acres in size and are surrounded by vacant
property, 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 22,2018 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. This project is being processed to facilitate the creation a single contiguous zoning
boundary which will allow for future commercial site development and remove a
fragmented portion of residentially zoned land,
b. The Community 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
d. In consideration of cumulative impacts, even though this amendment will remove
Low-Density Residential land, there will still be approximately 7,756 acres of Low-
Density Residential property within the city limits.
5, The proposed Rezone from single-Family Residential(R-1)to Professional Business (B-
1)is consistent with the applicable approval criteria in YMC § 15,23,030,as follows:
a. Bill Harden 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 B-1 zoning district and will facilitate a
single contiguous zoning district.
c, The B-1 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.
olL 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 small commercial
and professional services.
1111`
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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 Low-
Density Residential to Community Mixed Use with a concurrent Rezone from Single-
Family Residential (R-1)to Professional Business (B-1)is consistent with the Yakima
Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2444,
MOIION
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 Low-Density Residential to Community Mixed Use and
Rezone from Single-Family Residential (R-1)to Professional Business(B-1)for files CPA#003-
18 and RZ#004-18.
RECOMMENDED this 3161-day of August 2018. _"
fi � r�
By: . . w.� re .JZ r �- '
Pat is Byers#..Chair
Ya liana Planning Co mission
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Exhibit "B"
Legal Description
Parcel 181328-41405:
Section 28 Township 13 Range 18 Quarter SE: YAKIMA VALLEY ORCH.TRS. BEG AT
INTERS OF W LN CO.ROAD & S LN OF Y.V.T.CO. R-W,TH S 270 FT,TH W 147 FT,TH N 165
FT M OR L TO Y.V.T.CO.R-W,TH NE'LY AL R-W TO POB EX PORTION NE COR FOR CO RD
R-W