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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: November 17, 2020
ITEM TITLE: Ordinance adopting the City Council's decision on the
Comprehensive Plan Amendment(CPA#001-20) and concurrent
Rezone (RZ#002-20) request by Les Heimgartner for property at
8014 Occidental Rd
SUBMITTED BY: Joan Davenport,AI CP, 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 2, 2020, to consider
the Yakima Planning Commission's (YPC) recommendation on this request. Following the public
hearing, the City Council made a motion to deny the request, which passed 5-1. The attached
Ordinance sets forth the City Council's decision.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
ordinance 11/5/2 2 ordinance
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ORDINANCE NO. 2020-
AN ORDINANCE denying both the Future Land Use Map and Zoning Map of the City of
Yakima for parcel 181206-12454 as follows: Future Land Use Map from
Low Density Residential to Mixed Residential, and Zoning Map from Light
single Family Residential (R-1) to Multifamily Residential (R-3)
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, applicants can choose to concurrently have a rezone request evaluated and
determined as part of the yearly comprehensive plan amendment process; and
WHEREAS, Chapter 16.10 of the Yakima Municipal Code provides procedures and
criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and
WHEREAS, on February 4, 2020, the City Council adopted Resolution No. R-2020-015
to open the Comprehensive Plan Amendment process for 2020; and
WHEREAS, on April 28, 2020, Hordan Planning Services, on behalf of Les Heimgartner,
submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental
Review (CPA#001-20, RZ#002-20, SEPA#011-20) requesting to change the Future Land Use
Map designation for parcel 181206-12454, which is legally described in Exhibit "A" attached
hereto and incorporated herein by this reference, from Low Density Residential to Mixed
Residential and to concurrently rezone from Low Density Residential (R-1) to Multifamily
Residential (R-3); and
WHEREAS, The applications were considered complete for processing on April 28,
2020 and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on
July 21, 2020; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on August 24, 2020, which was not appealed; and
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WHEREAS,the City of Yakima Planning Commission (YPC) held study sessions to review
this Comprehensive Plan Amendment and Rezone on August 6, 2020 and September 9, 2020;
and
WHEREAS, after proper notice, on September 23, 2020, 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 recommended approval of the proposal with a 4-1 vote; and
WHEREAS, the YPC recommendation and findings was signed by the Chair on October
9, 2020; 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 2, 2020, 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
November 2, 2020, where three comments were provided during the public testimony, two
opposed, and one in favor, and considering the testimony provided at the public hearing in
addition to the record provided, the Council hereby finds and determines that denial of the
requested CPA and Rezone is in the best interest of residents and the City of Yakima and that
the proposal will not 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 denies the September 23, 2020 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#001-20 and RZ#002-20.
Section 2. City Council Findings. The Yakima City Council found that the concerns
of the neighbors, expressed in written comments in the record and testimony at the public
hearings, as well as the letter from Jim Perkins, attorney at law found in the written record, are
adequately persuasive.
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.
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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 17'h day of November, 2020.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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Exhibit "A"
Legal Description
Parcel 181206-12454: Parcel A shown on that certain record of survey recorded under AF#
8001031, records of Yakima County, Washington
Distributed at the
Meeting It itgggitgct
ORDINANCE NO. 2020-
AN ORDINANCE of the City of Yakima, Washington, adopting a six-month
moratorium on the establishment of or conversion from any use, or
part of a use of R-3 development to a Class 2 or Class 3 use in the
R-3 zone, with attendant moratorium on the filing and acceptance
of development applications for, and the location of, and issuance
of permits and approvals for, any Class 2 or Class 3 use in the R-3
zoning district; directing review and consideration of Class 2 and
Class 3 allowed uses in the R-3 zoning district; providing that the
moratorium shall be in effect for six months, through May 18, 2021;
and declaring an emergency providing for immediate effective date.
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to
adopt an ordinance imposing a moratorium and provide a process for public hearing which
must be held within sixty (60) days of the date of adoption of the moratorium; and
WHEREAS, the City Council finds and determines that the City of Yakima needs
time to consider and review zoning regulations, definitions, the housing needs of the City,
uses and regulations addressing the allowed uses within the R-3 zoning district,
specifically review and consideration of the current list of Class 2 and Class 3 uses found
in Table 4-1 of Yakima Municipal Code section 15.04.030, and associated ordinances,
within the City of Yakima; and
WHEREAS, there are currently a number of Class 2 and Class 3 uses allowed in
the R-3 multi -family residential zone that are not residential uses, which should be
reviewed in light of the City's housing shortage, the need for such uses within the R-3
zone, and to what extent those uses are allowed in other zoning districts; and
WHEREAS, the City Council has therefore decided to impose a moratorium for the
term of six months, commencing on the effective date of this ordinance and extending
through May 18, 2021, in order to study the issues as determined by the City Council and
to adopt appropriate regulations and definitions; and
WHEREAS, the City Council finds and determines that imposition of a moratorium
is necessary to (a) provide the City with an opportunity to study the issues regarding siting,
zoning and regulation of Class2 and Class 3 uses and facilities within the R-3 zoning
district in the City of Yakima; (b) to study the issues regarding housing needs and
associated needs of the residents of the City of Yakima; (c) to protect the health, safety
and welfare of the residents of Yakima, by reviewing Yakima's housing needs and
associated needs of Yakima residents in light of data associated with Yakima's housing
stock and needs now and in the future; and (d) avoid applicants possibly establishing
vested rights contrary to and inconsistent with any revisions the City may make to its
regulations and codes as a result of the City's study of this matter; and
WHEREAS, the City Council finds, determines and concludes that an emergency
exists, to wit: (a) the City of Yakima has received proposals for land uses that may include
placing residential mini -storage units on R-3 zoned property which diminishes the amount
of land available for multi -family housing in Yakima; (b) neither City staff nor the Planning
Commission have had sufficient opportunity, in light of the increase in data with regards
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to housing in Yakima to review the effects of using R-3 zoned land for Class 2 or Class 3
purposes with regard to concerns for affordable housing, housing stock, preservation
and/or promotion of site compatibility for mufti -family housing, the availability to site Class
2 and Class 3 uses in other zoning codes; and (c) the immediate imposition of this
moratorium will preserve the status quo to enable the City to further study the effects of
such uses and to consider and devise appropriate zoning and regulatory controls to
address the effects of such uses; and
WHEREAS, the City Council authorizes and directs the Planning Commission to
review existing City codes and zoning regulations regarding Class 2 and Class 3 uses in
the R-3 zoning district, further study the effects resulting from location of those Class 2
and Class 3 uses currently allowed pursuant to Table 4-1 under YMC 15.04.030 within the
City of Yakima, prepare comprehensive proposed amendments to the City codes and
zoning regulations to address the effects of such uses, to confer with community members
as appropriate, and to present recommended legislation addressing such issues to the
City Council for consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on December 8, 2020, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof;
and
WHEREAS, notwithstanding the term of six months set forth above for the
moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by
the City Council in accordance with applicable law; (b) extended for additional term(s) of
six months upon action following public hearing and adoption of findings in support thereof;
(c) terminated by the City Council upon adoption of appropriate zoning and regulatory
codes; or (d) terminated by the City Council for any reason deemed necessary or
appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Moratorium Established. From and after the effective date of this
ordinance, the City shall not allow the filing of or accept any application for a building
permit, tenant improvement, development permit, request for conversion, permit,
subdivision, short subdivision, site plan review, or any other development, for any Class 2
or Class 3 use in the R-3 zone (including any additions, expansions, or modifications
thereto) as outlined in Table 4-1 in YMC 15.04.030 within the City of Yakima.
Section 2. Exemption — Vested Rights. Applications which are legally vested as
of the effective date of this ordinance shall continue to be processed as provided in the
Yakima Municipal Code and according to the land use regulations in effect on the date of
vesting.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a
public hearing will be held on Tuesday, December 8, 2020, for the purpose of taking
testimony and, if this ordinance is passed, adopting written findings and conclusions
justifying the moratorium established by this ordinance.
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Section 4. Effective Period of Moratorium. The moratorium adopted by this
ordinance shall become effective immediately upon passage and approval of this
ordinance, and shall remain in effect for six months, through May 18, 2021, subject to
adoption of findings and conclusions as provided in Section 3 above. This moratorium
shall also terminate upon the adoption of permanent regulations regarding the subject
matter of this moratorium. Notwithstanding the above, this moratorium may be extended
as provided in RCW 36.70A.390 and RCW 35.63.200.
Section 5. Directive to Planning Commission. The City Council hereby authorizes
and directs the Planning Commission to review existing City codes and zoning regulations;
to further study the effects resulting from Class 2 and Class 3 uses in the R-3 zone as
outlined in Table 4-1 in YMC 15.04.030, as well as evaluate the housing; to prepare
comprehensive proposed amendments to the City codes and zoning regulations to
address the effects of such uses; to confer with community members and the City Planning
Commission as appropriate; and to present recommended legislation addressing such
issues to the City Council for consideration and action. Said recommendation should be
presented to the City Council no later than April 7, 2021. If no recommendation can be
made by that time, a status report shall be provided to Council on April 7, 2021, outlining
the reasons that a recommendation cannot be made, additional studies that need to be
evaluated or conducted, and the additional work that is necessary to formulate a
recommendation.
Section 6. Declaration of Ernergency. Pursuant to Article VI Section 2 of the
Charter of the City of Yakima, the City Council finds, determines and declares that this
ordinance is an emergency ordinance to provide for the immediate preservation of the
public peace, property, health or safety. The unanimous vote of the City Council shall be
necessary for the passage of this emergency ordinance.
Section 7. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 8. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this Ordinance shall be transmitted to the Washington State Department of
Commerce as required by law or otherwise posted, published or recorded as permitted by
law.
Section 9. Effective Date. This ordinance shall be in full force and effect
immediately upon its passage and approval as provided by law and the City Charter.
PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL, signed and approved
this 17th day of November, 2020.
Patricia Byers, Mayor
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ATTEST:
By
Sonya Claar Tee, City Clerk
Effective Date:
Publication Date:
Ordinance Approved by Unanimous Vote
of Council Members:
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