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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 2 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 3 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. 4 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: 5 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 6 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. 7 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 11r �!1I R 8 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 9 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.