HomeMy WebLinkAbout11/16/2021 04.S. Ordinance adopting the City Council's decision on CPA#005-21 and RZ#005-21 f44 •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.S.
For Meeting of: November 16, 2021
ITEM TITLE: Ordinance adopting the City Council's decision on CPA#005-21
and RZ#005-21
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin, Senior Planner(509) 575-6162
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on November 1, 2021 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 BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
0 Ordinance 11/3/2021 Ordinance
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ORDINANCE NO. 2021-
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for a portion of Parcel 191331-22545 as follows: Future Land Use
Map from Community Mixed-Use to Mixed Residential and Zoning Map
from Local Business (B-2) to Two-Family Residential (R-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 January 19, 2021, the City Council adopted Resolution No. R-2021-009
to open the Comprehensive Plan Amendment process for 2021; and
WHEREAS, on April 29, 2021, Hordan Planning Services, on behalf of Rick Hargraves,
submitted applications for Comprehensive Plan Amendment, Rezone, and Environmental
Review(CPA#005-21, RZ#005-21, SEPA#015-21) requesting to change the Future Land Use
Map designation for a portion of parcel 191331-22545, which is legally described in Exhibit "B"
attached hereto and incorporated herein by this reference, from Community Mixed-Use to Mixed
Residential and to concurrently rezone from Local Business (B-2) to Two-Family Residential (R-
2); and
WHEREAS, The applications were considered complete for processing on June 4, 2021
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10, on June
25, 2021, and July 22, 2021; and
WHEREAS, SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 22, 2021, 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 14, 2021; and
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WHEREAS, after proper notice, on August 25, 2021, 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
September 8, 2021, 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 1, 2021, 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, the comments received at the public
hearing held November 1, 2021, 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 August 25, 2021 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#005-21 and RZ#005-21. 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. Severabilitv/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 16'h day of November, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport,AICP,Director
",I a"`
inkPlanning Division
Joseph Calhoun,Manager
a PrinYAKIMA 129 North Second Street,2'Floor,Yakima,WA 98901
ask.planning@yakimawa.gov•www.yakimawa.gov/services/planning
YAKIMA PLANNING COMMISSION
RECOMMENDATION TO THE YAKIMA CITY COUNCIL
FOR
COMPREHENSIVE PLAN AMENDMENT AND REZONE
CPA#005-21, RZ#005-21
August 25,2021
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 29,2021 applications for Comprehensive Plan Amendment and
Rezone were submitted by Hordan Planning Services,on behalf of Rick Hargraves,to amend
the Comprehensive Plan Future Land Use Map Designation from Community Mixed Use to
Mixed Residential, and concurrently Rezone from Local Business(8-2)to Two-Family
Residential(R-2),the south 17-feet of parcel 191331-22545 (City File CPA#005-21, RZ#005-
21);and
WHEREAS,The applications were considered complete for processing on June 4,2021,
and public notice was provided, in accordance with the provisions of YMC Ch. 16.10,on June
25, 2021; and
WHEREAS,SEPA Environmental Review was completed with a Determination of
Nonsignificance issued on July 22,2021,which was not appealed(City File SEPA#015-21);and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment and Rezone July 14,2021; and
WHEREAS,The Yakima Planning Commission held an open record public hearing
August 25, 2021 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#005-21, RZ#005-21
APPLICANT: Hordan Planning Services, on behalf of Rick Hargraves
APPLICANT ADDRESS: 410 N 2nd St;Yakima,WA; 98901
PROJECT LOCATION: 210 W Mead Ave
PARCEL(S): 191331-22545
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Community Mixed Use to Mixed Residential with a concurrent Rezone
from Local Business(B-2)to Two-family Residential(R-2).
2. The portion of the parcel included in this request is approximately 2,380 square-feet in
size and is surrounded by residential and commercial land uses.
3. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their August 25, 2021 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
portion of vacant land for residential purposes by merging it with the parcel to the
south under common ownership.
b. The Mixed Residential 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 this consists of a small portion of un-used
commercial property.
5. The proposed Rezone from Local Business(B-2)to Two-family Residential(R-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 R-2 zoning district.
c. The R-2 zoning district is an implementing zone of the Mixed Residential 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. Mitigation measures will be considered
during a project action on the site.
f. The public need for this Rezone is to create more land for residential development.
CONCLUSIONS
1. The Amendment and Rezone are minor in nature;
2. No adverse impacts have been identified;
3. No written or verbal comments were received during public testimony.
4. This proposal underwent Environmental Review;
5. The proposed Comprehensive Plan Future Land Use Map Amendment from Community
Mixed Use to Mixed Residential with a concurrent Rezone from Local Business(B-2)to
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Two-Family Residential (R-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 Community Mixed Use to Mixed Residential and Rezone
from Local Business(B-2)to Two-Family Residential(R-2)for files CPA#005-21 and RZ#005-
21.
SIGNED this 8111 day of September,2021.
By:
Jacob Liddicoat,Chair
Yakima Planning Commission
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Exhibit "B"
Legal Description
The South 17-feet of Lots 1 and 2 of the Plat of Carlson-Broadway Tracts, Except that portion
conveyed to the City of Yakima for street Right-of-Way recorded February 11, 1971 under
Auditor's File No. 2214279