HomeMy WebLinkAbout11/13/2018 06H Comprehensive Plan Amendment and Rezone; Israel Zaragoza 5l
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.H.
For Meeting of: November 13, 2018
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment (CPA#006-18)and concurrent
Rezone (RZ#007-18) request by Israel Zaragoza
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 ord 11/9/2018 Omer Memo
ORDINANCE NO. 2018-
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for parcels 191330-14510 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)
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 Hordan Planning Services, on behalf of Israel Zaragoza,
submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental
Review (CPA#006-18, RZ#007-18, SEPA#009-18) requesting to change the Future Land Use
Map designation for parcels 191330-14510, 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
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
heard the staff presentation regarding the proposed CPA and Rezone, held a public hearing,
considered the 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 with a condition that
parcels 191330-14510 and 191330-14571 be merged; and
WHEREAS, the YPC recommendation was signed by the Chair on September 5, 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 September 5, 2018 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#006-18 and RZ#07-18. 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.
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:
Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport,AICP, Director
Arif IF II ILIA%
pizirmiry4 Division
Joseph tIaihouti,Manager
YAK,mA
PidnnIng 29 North Second Street,2"d Floor,Yakima, WA 98440 I
ask,ptanningI4Iyakiniawa.giw www.yaliimawagovhemice,iiiplarining
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA8006-18, RZ#007-18
September 6, 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 Hoiden Planning Services, on behalf of Israel Zaragoza, to amend
the Comprehensive Plan Future Land Use Map Designation from Mixed Residential to
Commercial Mixed-Use, arid concurrently Rezone from Two-Family Residential (R-2)to General
Commercial (GC), parcels: 191330-14610(City File CPA#006-16, RZ#007-18); and
WHEREAS,The applications were considered complete for processing on May 29, 2018
and public notice was provided, in accordance with the provisions crf 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*0019-18); 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 on
August 22, 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*006-18, Ral007-18
APPLICANT: Harden Planning Services on behalf of Israel Zaragoza.
APPLICANT ADDRESS: 410 N 2 St,, Yakima,'NA 98901
PROJECT LOCATION: 1317 S St,
PARCEL(S): 191330-14510
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),
2, The subject parcels are approximately .15 acres in size and are surrounded by
residential and commercial properties,
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 future parking lot expansion of the
existing business located at 703 E. Nob Hill.
The Commercial Mixed Use designation implements several goals arid 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
Mixed Residential and, There will still be approximately 565.88 acres of Mixed
Residential designated property within the city limits.
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 Hoiden from Hordan Planning Services testified on behalf of the applicant in
favor of the proposed amendment and rezone.
b. Two parties spoke against the proposal during the public hearing with the Planning
Commission,
i. The first testimony came from LeRoy Pacheco. He spoke against the
project citing concerns with excess traffic along S. 7 St. that would come
from the expansion of the adjacent business, and that there are currently
an excessive amount of cars parking along S 71"Si at this time, He also
mentioned the noise coming out of the existing business beyond 10 p.m,
The second comments came from Rita Garza, She spoke against the
expansion of the business at 703 E. Nob Hill commenting that the traffic
along and parking along S 71' St, was overcrowded. She also mentioned
that the lights on the adjacent business were too bright:and shining onto
her property, Additionally, she mentioned that some of the workers who
were working at the business located 703 E Nob Hill were rude and
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disrespectful to her when she approached them, asking what was
happing on the property.
C. The Planning Commission acknowledged the comments from the public testimony;
and posed the question,would creating a parking lot, with restricted access to help to
alleviate some of the parking congestion along 713 St?The Planning Commission
also discussed merging the subject site with the parcel to the south to make one
cohesive site for the business Located at 703 E. Nob Hill,
d. The Planning Commission also discussed the appropriateness of merging the site at
703 E_ Nob Hill with the subject site at 1317 S. 7" St The Commission concluded
that merging the site would create a more cohesive site and would be a necessary
action as part of the Comprehensive Plan and Rezone applications_
e. The property is suitable for uses within the GC zoning district and will facilitate an
expansion of an existing business to alleviate on-street parking congestion.
f. The GC zoning district is an implementing zone of the Commercial Mixed Use Future
Land Use Designation_
g The property is currently capable of being served by all necessary public utilities and
can be accessed by public streets,
h. The proposed Rezone is considered compatible with the surrounding neighborhood
and no mitigation Is proposed at this time, Future development will be limited in
access.
i. The public need for this Rezone is to provide additional area for off-street parking to
alleviate current on-street parking conditions along S. 7"' St.
CONCLUSIONS
1. The Amendment and Rezone are minor in nature;
2. No adverse impacts have been identified that cannot be mitigated through the project
review;
3. The subject site at 1317 S. 7Ih St., parcel number 191330-14510,shall merge with the
parcel located 703 E. Nob Hill, parcel number 191330-14571,
4. One written comment arid testimony was received in opposition to the request;
5. This proposal underwent Environmental Review;
6. 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.
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,
1.11;
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RECO NDAT *N TO CITY COUNCIL
The Planning Commission of the City of Yakima having receivn• and considered all eve
and testimony pr ent •• at the public neon w arid h viri e v •and reviewed the ord
herein, hereby recommends that the City Council of the City+of Yakima APPROVE the t• • ssedused
Co pre,-naive Plan Amender•.. from Mix* Residential to o mercial Fdli ed Use and
Rezone from Two-Family Res ntia ( - to r l Commercial (GC) r r files CP ••*6-18
and #007-1 bj .t to t#- foils y: ing condition:
1 The subject site at 1317 S 7F St, ••i reel n m•.-r 191330-14510,shall merge with the
•..: 1 I c t-• 703 E, Nob Hill, •.:ac l nu b r 1 33 -9 t m
RECO ENDED this 57 day of September 201 E
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Planning C mi ion
Exhibit "B"
Legal Description
Parcel 191330-14510:
Section 30 Township 13 Range 19 Quarter NE: RHINES FAIRVIEW ADD LOT 16 BLK 2