HomeMy WebLinkAbout11/13/2018 06G Comprehensive Plan Amendment and Rezone; West Valley Nursing Homes, Inc. 5l
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: November 13, 2018
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#005-18)and concurrent
Rezone (RZ#006-18) request by West Valley Nursing Homes Inc
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 11/1/2018 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 181206-21001, -21005, -21007, -21401, and -21402
to retain the Future Land Use map designation for five parcels of Mixed
Residential and zoning designation of Multi-family Residential (R-3)
previously approved through CPA#006-12, RZ#006-12, and eliminate a
property use and development agreement executed by City Council by
Resolution R-2012-155.
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 West Valley
Nursing Homes Inc., submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review (CPA#005-18, RZ#006-18, SEPA#008-18) requesting to retain the
Future Land Use map designation for five parcels of Mixed Residential and the zoning
designation of Multi-family Residential (R-3) previously approved through CPA#006-12,
RZ#006-12, and eliminate a property use and development agreement executed by City Council
by Resolution R-2012-155 which limited development of the property to multi-family senior living
and senior care residential facilities; and.
WHEREAS, the property owner wishes to explore additional housing opportunities,
including but not limited to, senior living/senior care and therefore proposes to vacate the
property use and development agreement to allow for multi-family uses other than those
allowed by the development agreement; and
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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
WHEREAS, the YPC held a properly noticed public hearing on August 22, 2018; and
WHEREAS, the public hearing was continued to a date certain on September 26, 2018,
and the Yakima Planning Commission reopened the record to hear testimony from the public,
consider the Amendment and Rezone, and provide a recommendation to the Yakima City
Council; 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 October 3, 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 October 3, 2018 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#005-18 and RZ#006-18. 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.
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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.
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 COMM1,11N Fri DEVELOPMENT
Joan Davenport,AICP. Director
rimik itywing DivHon
Joseph Calhoun.,Manager
YnciFilAh§ 129 North Second Sir ;. RN:3r,Yakima, WA 98901
ask_platth (ikakirnawa,gov www,yakinirawkLgov/ser.rice,siplontring
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#005-18,RZ11008-18
October 3,2018
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 in June
6, 2017; and
WHEREAS,The City of Yakima Iasi 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 anceor 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 West Valley Nursing Homes
LLC_,to retain the Comprehensive Plan Future Land Use Map Designation of Mixed
Residential, and retain the zoning designation of Multi-family Residential(R-3).while removing
the existing development agreement (R-2012-155)from the site, parcels; 181206-21001.,
181206-21005, 181206-21007, 181206-21401, & 181206-21402 (City File CPA#)05-18,
RZ#006-18); 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#008-18); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on July 11, 2018; and
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WHEREAS, The Yakima Planning Commission held an open record public hearing on
August 22,2018 to hear testimony from the public, consider the Amendment and Rezone,and
provide a recommendation to the Yakima City Council;and
WHEREAS,the public hearing on August 22, 2018, was continued to a date certain on
September.28, 2018, and the Yakima Planning Commission reopened the record 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#005-18, RZ#006-18
APPLICANT: Hordan Planning Services on Behalf of West Valley Nursing Homes
LLC.
APPLICANT ADDRESS: 410 N 2M3SL, Yakima,WA 98901
PROJECT LOCATION: Vicinity of S 85th Ave.and Occidental Rd,
PARCEL(S): 181206-21001, 181206-21005, 181206-21007, 181206-21401, &
181206-21402
FINDINGS OF FACT
1, History of the project: On August 8, 2012,the City of Yakima Planning Commission
processed a comprehensive Plan Amendment and rezone to Approve the amendment
request from Moderate Density Residential to High Density Residential to accommodate
a concurrent rezone from R-2,Two-family Residential to R-3, Multi-family Residential.
The City of Yakima approved the land use red-esignation and rezone on October 2,
2012,with adoption of Ordinance No 2012-035 This Property Use and Development
Agreement (R-2012-155)is prepared in accordance with conditions set forth in
Ordinance 2012-035,
2, The applicant requests to retain the current Comprehensive Plan Future Land Use Map
designation of Mixed Residential and retain the current zoning of Multi-family Residential
(R-3).
3. The subject parcels are approximately 20,98 acres in size and are surrounded by
residential/vacant property.
4. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their August 22, 2018 public hearing
6 The,appiftant requested the Planning Commission continue the public hearing to a date
certain in an effort to address some of the concerns from the surrounding neighbors,
6. The public hearing was continued to a date certain on September 26, 2018 and the City
of Yakima Planning Division provided a detailed staff report to the Planning Commission
with a recommendation of APPROVAL of the proposed amendment and rezone.
7. 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 expand the types of future development Options
available to the subject site.
b. The Mixed Residential designation implements several goals arid policies of the
2040 plan,
ov5.
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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,the property will remain Mixed Residential
and, there Will still be no net change to the Commercial Mixed-Use Future Land Use
designation property within the city limits.
8. The proposed retention of the Mixed Residential Future Land Use designation and Multi-
farnily(R-3)zoning district, with the removal of the existing development agreement is
consistent with the applicable approval criteria in YMC § 15,2.3.030, as follows:
a, BIU Hordan from Harden Planning Services testified on behalf of the applicant in
favor of the proposed amendment and rezone, and removal of the existing
development agreement(R-2012.155) for parcels 181206-21001, 181206-21005,
181206-21007, 181208-21401, and 181206-21402.
b. Bill Hordan submitted a map outlining a portion of land on the eastern part of the site
the applicant would like to have retained as Single Family (R-1)zoning district,
providing a buffer between the existing R-3 zoning district and the single family
homes to the east of the site.
c. The Yakima Planning Commission agreed to recommend terminating the existing
development agreement(R-2012-155)with the proposed R-1 buffer in place..
i, Termination of Development Agreement will revert the area shown on the map
submitted on September 26, 2018, back to R-1 zoning.
d. The property is suitable for uses within the R-3 zoning district and will facilitate a
variety of future development options for the subject site.
e, The R-3 zoning district is an implementing zone of the Mixed Residential Future
Land Use Designation,
f, The property is currently capable of being served by all necessary public utilities and
can be accessed by public streets-
g. The proposed Rezone is considered compatible with the surrounding neighborhood
and no mitigation is proposed at this time,
h_ The public need for this Rezone is to provide additional area for industrial
development,
CONCLUSIONS
1. The Amendment and Rezone are minor in nature;
2. No adverse impacts have been identified;
3, Two written comments or testimony was received in opposition to the request;
4. This proposal underwent Environmental Review;
5. The City of Yakima Planning Division agreed to recommend terminating the existing
development agreement(R-2012-155) as long as there was a R-1 zoning buffer
between the R-3 zoning district and the existing single family residential homes to the
east of the site_
6. The proposed Comprehensive Plan Future Land Use Map Amendment retaining the
current Mixed Residential designation and Multi-family (R-3)zoning designation, while
removing the currently existing development agreement, 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.
Peg
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RECO EN a ATION TO CI COUNCIL
The P nnng Com ission of the City of Yakima, havi re i n and cone*,-.red all i+ -hoe
and testimony Presented at the «,:bli h ri.try i and having re* i ed and r nn *tad the redone
rein hereby m ds that the City Council of the City of Yakima. :*PROVE the proposed
retention of the Comprehensive Plan Future E .nd U *f=sign i rn of fixed Reedentiat and
riulti-t rrmli I - zoning . to for files CP ,x:1 -18 and RZ 4*81 .t*"TER I T the
existing Developrnerit Are ent IR- 1 -t )which Mt re:: it the d rtion of pro.-rt
'd me d on the map hack to -t
RECOMMENDED this an day _ ` r-otier 2018,
Pa to * , Chair
/
Ma nee Planning :.;:.: i ion
ill
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Exhibit "B"
Legal Description
Parcel 181206-21401:
Section 06 Township 12 Range 18 Quarter NW: SP 79-47 LOT 1 EX NW 30X30 FT SITE
TRIANGLE
Parcel 181206-21402:
Section 06 Township 12 Range 18 Quarter NW: SP 79-47 LOT 2
Parcel 181206-21001:
Section 06 Township 12 Range 18 Quarter NW: BEG SW COR GOV LOT 2, TH E 280,TH N 02
D 10'W 105.2 FT, TH N 28 D 50'20 W 145.8 FT TO TRUE POB,TH S 28 D 50'20 E 145.8 FT,TH
S 17 D 14'20 E 105.2 FT,TH W 1614 FT, TH N 4 D 06'E 70 FT,TH N 78 D 55'E 263 FT, TH N 6
D 15'E 62 FT, TH N 89 D 38'E 1319 FT M OR L TO TRUE POB
Parcel 181206-21007:
Section 06 Township 12 Range 18 Quarter NW: BEG 180.5 FT N OF SE COR GOV LOT 3, TH
N 89" 30' 00" W 1065.9 FT, TH N 06" 15' 00" E 519.6 FT, TH E 786.4 FT, TH S 215.3 FT, TH E
305.6 22' 30" W 101.22 FT TH S 87" 02' 10" E 148.78 FT, TH S 01" 02' 00" W 43.75 FT, TH S
53" 33' 00" E 42.92 FT TH S 28" 50' 20" E 145.8 FT, TH W TO BEG
Parcel 181206-21005:
Section 06 Township 12 Range 18 Quarter NW: BEG N 89"56'39 W 12.33 FT OF NE COR
GOV LOT 3, TH W 306.19 FT,TH S 215.3 FT,TH E 305.67 FT,TH N 22'30 E 316.52 FT TO
BEG EXNCORDR/WRDR/W
Except:
1- That part of Government Lot 3 of Section 6, Township 12 North, Range 18 East, W.M.
described as follows:
Beginning at the Northeast corner of said Lot 3, thence South 0° 00' East along the east line
thereof 215.30 feet to the true point of beginning, thence continuing South 0° 00' East
101.92 feet, thence North 87° 02' 10" West 13.90 feet, thence North 0° 22' 30" East 101.22
feet, thence South 89° 56' 39" East 12.33 feet to the true point of beginning,
2- That portion of the above described parcel lying West of the following described line:
Beginning at a point on the North boundary of said parcel 100 feet West of the Northeast
corner thereof, said Northeast corner being the Northwest corner Lot 2 of Short Plat no. 84-
86, records of Yakima County, Washington, then South, parallel with the West boundary of
said Lot 2 to the South boundary of the above described parcel and terminus of said line.