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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.1.
For Meeting of: September 17, 2019
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment(CPA#006-19) and concurrent
Rezone (RZ#006-19) request by River 16 LLC
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager(509) 575-6042
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on September 3, 2019 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
_ . �� Interim CityManager
SUBMITTAL: � - g
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D rdinance 9/4/ 019 C)rdidance
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ORDINANCE NO. 2019-
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for parcels 181314-11426, 11411, 11553 and as follows: Future
Land Use Map from Mixed Residential to Community Mixed Use, and
Zoning Map from Multi-Family Residential (R-3) to Local Business (B-2)
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 19, 2019, the City Council adopted Resolution No. R-2019-021
to open the Comprehensive Plan Amendment process for 2019; and
WHEREAS, on April 30, 2019 Leanne Liddicoat, on behalf of River 16 LLC, submitted
applications for Comprehensive Plan Amendment, Rezone, and Environmental Review
(CPA#006-19, RZ#006-19, SEPA#022-19) requesting to change the Future Land Use Map
designation for parcels 181314-11426, 11411, 11553, which are legally described in Exhibit "B"
attached hereto and incorporated herein by this reference, from Mixed Residential to
Community Mixed Use and to concurrently rezone from Multi-Family Residential (R-3) to Local
Business (B-2); and
WHEREAS, The applications were considered complete for processing on May 13, 2019
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on May
20, 2019, and June 14, 2019; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on June 14, 2019, 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 June 26, 2019; and
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WHEREAS, after proper notice, on July 10, 2019, the Yakima Planning Commission
(YPC) 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; and
WHEREAS, the YPC recommendation and findings was signed by the Chair on July 24,
2019, 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 September 3, 2019, 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
and the recommendation from the Planning Commission, and after holding a public hearing on
September 3, 2019, where no public testimony was provided, 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 July 24, 2019 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#006-19 and RZ#006-19. 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 17'h day of September, 2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
Publication Date:
Effective Date:
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Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
sa
Joan Davenport AICP Director 9 5
Planning Division
YAKIF,AA Joseph Calhoun,Manager
•w CITY OF
129 North Second Street 2nd Floor Yakima WA 98901
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ask.planning@yakimawa.gov www.yakimawa.goviservicesiplarmirig
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE'YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#006-19,RZ#006-19
July 24,2019
WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 in 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 30,2019 applications for Comprehensive Plan Amendment and
Rezone were submitted by Leanne Liddicoat c/o River 16 LLC to amend the Comprehensive
Plan Future Land Use Map Designation from Mixed Residential to Community Mixed Use, and
concurrently Rezone from Multi-Family Residential(R-3)to Local Business(B-2), parcels
181314-11414, 11413, 11412, 11411, and 11553(City File CPA#006-19, RZ#006-19); and
WHEREAS,The applications were considered complete for processing on May 13,2019
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on May
20, 2019, and June 14,2019;and
WHEREAS,SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on June 14, 2019,which was not appealed (City File SEPA#022-19);
and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone on June 26,2019; and
WHEREAS,The Yakima Planning Commission held an open record public hearing on
July 10,2019 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# CPA#006-19, RZ#006-19
APPLICANT: Leanne Liddicoat c/o River 16 LLC
APPLICANT ADDRESS: 3611 River Rd, Ste 100
PROJECT LOCATION: 1601, 1607, 1611, 1703, and 1725 River Rd
PARCEL(S): 181314-11414, 11413, 11412, 11411, and 11553
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Mixed Residential to Community Mixed Use with a concurrent Rezone
from Multi-Family Residential(R-3)to Local Business(B-2).
2. The subject parcels are approximately 1.01 acres in size and are surrounded by
residential and commercial development.
3. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their July 10,2019 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 change is being proposed to allow greater flexibility in the development of this
vacant land.This proposal will allow for the continuation of a new office building,
permitted under CL3#005-18.
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 Policies.
d. The impact should be minimal because the property under consideration is better
suited for commercial development as opposed to Mixed Residential use.The total
acreage of this proposal will remove 2.08 acres of Mixed Residential land.
5. The proposed Rezone from Multi-Family(R-3)to Local Business(B-2)is consistent with
the applicable approval criteria in YMC§ 15.23.030, as follows:
a. Testimony at the public hearing was considered.
b. The property is suitable for uses within the B-2 zoning district. Mixed-use future
development will be more compatible with the adjacent residential uses.
c. The B-2 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.
e. 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 create more land for mixed-use development.
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
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Residential to Community Mixed Use with a concurrent Rezone from Multi-Family
Residential(R-3)to Local Business(B-2)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.
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 Community Mixed Use and Rezone
from Multi-Family Residential (R-3)to Local Business(B-2)for files CPA#006-19 and RZ#006-
1 9.
RECOMMENDED this 24th day of July,2019.
By:
PatriciaByers,Chair
Yakima Planning Commission
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Exhibit "B"
Legal Description
Parcel 181314-11426:
S14 T13 R18 Qtr NE (SPE 015-19) Lot 13 , Fruitvale, as recorded in Volume "A" of Plats, Page
20, conveyed to Lot Goodwin and Julius C Goodwin by deeds recorded under AF# 404464 &;
404465, respectively, being more particularly described as follows: Beginning at a point 33 ft W
of the SE corner, of the SE qtr, of the NE qtr, of the NE qtr, of said section. Being the SE corner
of that tract conveyed in AF# 404464; then North 0^ 0' 0" E, parallel to and reference bearing to
the E line of said subdivision ; 327.19 ft to the NE corner of that same tract; thence S89^ 54' 23"
W, 365.53 ft to the NW corner of that tract conveyed in AF#404465; thence SO^ 03' 17"W,
326.96 ft to the SW corner of that same tract and a point on the S line of said subdivision;
thence N89^ 56' 31"E, along the S line of said subdivision, 365.84 feet to the POB. EXCEPTING
THEREFROM the right of way of Riverside Road on the S; AND EXCEPT that portion thereof
conveyed to the City of Yakima by instrument recorded under AF#7503157; AND EXCEPT that
portion thereof ordered, adjudged, and decreed to be quieted, established, and confirmed by
court cause No. 90-2-00824-9 in the Superior Court of the State of WA in and for Yakima
County; AND EXCEPT that portion thereof that was described as "Parcel A" in deed recorded
under AF#7786144. being more particularly described as follows: Beginning at the SW corner of
that tract conveyed by AF#40465; thence N89^ 56' 31"E, reference bearing along the South line
of that same tract, 102.34 ft; thence NO^ 20' 00"W, 163.5 ft; thence S89^ 56' 31"W, 101.24 ft to
a point on the W line of said tract; thence SO^ 03' 17"W, 163.5 feet to the POB.
Parcel 181314-11411:
S14 T13 R18 Qtr NE: PTN LOT 13 DESC AS FOL: BEG 396.5 FT W OF SE COR SE1/4 NE1/4
NE1/4, TH N 00^ 20' 00" W 169 FT, TH E 100 FT, TH S 00^ 20' 00" E 169 FT, TH W 100 FT TO
POB, EX S 30 FT CO RD R/W
Parcel 181314-11553:
S14 T13 R18 Qtr NE: BEG N 89^ 56' 31" E 190 FT OF SW COR SE1/4 NE1/4 NE1/4, TH N 160
FT, TH N 89^ 54' 23" E 73.50 FT, TH S 160 FT, TH S 89^ 56' 31"W 73.50 FT TO POB (PTN
LOT 13 OF FRUITVALE) EX S 30 FT CITY RD R/W ALSO BEG SE COR SE1/4 NE1/4 NE1/4,
TH S 89^ 56' 31" W 664.04 FT, TH N 00^ 04' 20" E 180 FT, TH N 89^ 54' 23" E 190 FT TO
TRUE POB; TH N 00^ 04' 20" E 19 FT, TH N 89^ 54' 23" E 75.15 FT, TH S 00^ 03' 17"W 19
FT, TH S 89^ 54' 23"W 75.15 FT TO TRUE POB