HomeMy WebLinkAbout11/16/2021 04.T. Ordinance adopting the City Council's decision on CPA#006-21 and RZ#006-21 •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.T.
For Meeting of: November 16, 2021
ITEM TITLE: Ordinance adopting the City Council's decision on CPA#006-21
and RZ#006-21
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) and Hearing Examiner's (HE) recommendations 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 and HE
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
Ordinance 11/3/2021
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ORDINANCE NO. 2021-
AN ORDINANCE amending the Future Land Use Map and Zoning Map of the City of
Yakima for Parcel 181328-11008 as follows: Future Land Use Map from
Low Density Residential to Community Mixed-Use and Zoning Map from
Single-Family Residential (R-1) 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 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 30, 2021, Digital Design and Development, on behalf of Kerry and
Gina Martin, submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review(CPA#006-21, RZ#006-21, SEPA#016-21) requesting to change the
Future Land Use Map designation for parcel 181328-11008, which is legally described in Exhibit
"C" attached hereto and incorporated herein by this reference, from Low Density Residential to
Community Mixed-Use and to concurrently rezone from Single-Family Residential (R-1) to Local
Business (B-2); and
WHEREAS, the application also included a project specific action to develop the site
with multifamily dwellings (CL2#024-21 and ADJ#012-21); 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 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
3
WHEREAS, The City of Yakima Planning Commission (YPC) held a study session to
review this Comprehensive Plan Amendment on July 14, 2021; and
WHEREAS, after proper notice, on August 11, 2021, the Yakima Planning Commission
(YPC) heard the staff presentation regarding the proposed CPA, held a public hearing,
considered the public testimony; and,
WHEREAS, pursuant to the approval criteria set forth in YMC § 16.10.040, the YPC
unanimously recommended approval of the proposal; and
WHEREAS, the YPC recommendation and findings was signed by the Chair on August
25, 2021, a copy of which is found in Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, after proper notice, on September 9, 2021, the Hearing Examiner heard the
staff presentation regarding the proposed Rezone, Class 2 Use, and Administrative Adjustment,
held a public hearing, considered the public testimony; and,
WHEREAS, pursuant to the approval criteria set forth in YMC §§ 15.10.020, 15.14.040,
and 15.23.030, the Hearing Examiner recommended approval of the proposal subject to
adoption of the CPA; and
WHEREAS, the Hearing Examiner recommendation and findings was rendered on
September 23, 2021, a copy of which is found in Exhibit "B" 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 the
Hearing Examiner's recommended findings on the proposed Rezone; and
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission and Hearing Examiner, 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 11, 2021 findings, conclusions, and
recommendation of the Yakima Planning Commission for CPA#006-21. A copy of said
recommendation is attached as Exhibit "A". The Yakima City Council also adopts the September
23, 2021 findings, conclusions, and recommendation of the Hearing Examiner for RZ#006-21,
CL2#024-21, and ADJ#012-21. A copy of said recommendation is attached as Exhibit "B".
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.
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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. SeverabilityNalidity. 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 16'h day of November, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
Publication Date:
Effective Date:
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Exhibit "A"
YPC Recommendation
DEPARTMENT OF COMMUNITY DEVELOPMENT
Ai•s„` Joan Davenport,AICP,Director
IF vS to Planning Division
"_ Joseph Calhoun,Manager
CITYOF
niYAKIMA
n g PI 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#006-21
August 11,2021
WHEREAS,The City of Yakima adopted the Yakima Comprehensive Plan 2040 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, 2021 applications for Comprehensive Plan Amendment and
Rezone were submitted by Digital Design and Development,to amend the Comprehensive Plan
Future Land Use Map Designation from Low Density Residential to Community Mixed-Use,for
parcel 181328-11008(City File CPA#002-21);and
WHEREAS,The application was 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(City File SEPA#016-21); and
WHEREAS, The YPC held a study session to review this Comprehensive Plan
Amendment on July 14,2021; and
WHEREAS,The Yakima Planning Commission held an open record public hearing on
August 11, 2021 to hear testimony from the public, consider the Amendment, 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:
6
APPLICATION# CPA#006-21
APPLICANT: Digital Design&Development c/o Leanne Liddicoat
APPLICANT ADDRESS: 1909 W. Lincoln Ave#1 Yakima,WA 98902
PROJECT LOCATION: 706 S.48th Ave.
PARCEL(S): 181328-11008
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Low Density Residential to Community Mixed-Use.
2. The subject parcel is approximately.58 acres in size,and is surrounded by single family
and multifamily housing.
3. The City of Yakima Planning Division provided a detailed staff report to the Planning
Commission for review during their August 11, 2021 public hearing,with the
recommendation of APPROVAL of the proposed amendment.
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 a project specific Rezone of the property
to B-2 and create multifamily development.
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 will alter the
site to better accommodate for future multifamily housing.The total acreage of this
proposal will remove.58 acres of Low Density Residential land. However,examining
all proposals for the previous cycles since 2018,the net impact is an increase of 3.29
acres of Community Mixed-Use land and an 11.04 acres decrease Low Density
Residential land.
CONCLUSIONS
1. The Amendment is 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 Low
Density Mixed Use to Community Mixed-Use 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.
Yakima
2015
1994
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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 Low Density Residential to Community Mixed-Use for
file CPA#006-21.
SIGNED this 25`h day of August,2021.
Jacob Liddicoat, Chair
Yakima Planning Commission
Vaklni
1rt
201:
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Exhibit "B"
Hearing Examiner Recommendation
RECEIVED
SEP 2 3 702'
City of Yakima, Washington CITY Of
DIV
Hearing Examiner's Recommendations
September 23,2021
In the Matter of an Application )
Submitted on Behalf of: ) RZ#006-21
) CL2#024-21
Kerry and Gina Martin ) ADJ#012-21
) SEPA#016-21
For a Project Rezone from the )
R-1 Zone to the B-2 Zone and a )
Class (2)Multifamily Residential )
Use with Setback Adjustments )
Located at 706 South 48t6 Avenue )
A. Introduction.The findings relative to the hearing process for this application
may be summarized as follows:
(1) The Hearing Examiner conducted an open record public hearing
relative to this application on September 9,2021.
(2) The detailed staff report that was presented by Senior Planner Trevor
Martin recommended approval of this application for a project Rezone from the
Single-Family Residential(R-1)zoning district to the Local Business(B-2)zoning
district and approval of a Class(2)multifamily development consisting of 14 units
with 29 parking spaces and setback adjustments. The Rezone application is
referred to as a project Rezone because a specific use is proposed for the site if the
Rezone is approved.
Kerry and Gina Martin 1
Project Rezone from R-I to B-2
Class(2) 14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
9
RECEIVED
SEP 2 3 2021
CITY OF YAKIMA
(3) Leanne Liddicoat of Digital Design and Development, whorpudiW ON
representative of the applicants Kerry and Gina Martin, testified in favor of the
requested Rezone and the proposed Class (2)multifamily use with Administrative
Adjustments to the setbacks. No one else testified at the hearing.
(4) No written public comments from neighbors or nearby property owners
were submitted at or before the open record public hearing.
(5) These recommendations are issued within ten business days of the
public hearing pursuant to Section 15.11.100(A)(1)of the Yakima Municipal Code
which provides that uses that are usually decided administratively such as Class
(2) uses and Administrative Adjustments shall also require a recommendation to
the City Council if any of the requests in the application require a recommendation
to the City Council such as this request for a Rezone.
B. Summary of Recommendations. If the City Council approves the
requested Comprehensive Plan amendment from the Low Density Residential to
the Community Mixed Use designation, the Hearing Examiner then recommends
that the Yakima City Council approve the requested project Rezone from the
Single-Family Residential(R-1)zoning district to the Local Business(B-2)zoning
district and the requested Class (2) 14-unit multifamily use to be located in two
buildings with side setback and rear setback Adjustments,subject to conditions.
C. Basis for Recommendations. Based upon a view of the site on August 24,
2021,with no one else present;the application, staff report,exhibits and testimony
presented at the open record public hearing on September 9,2021; and a review of
both the 2040 Yakima Urban Area Comprehensive Plan and the Yakima Urban
Area Zoning Ordinance, Title 15 of the Yakima Municipal Code (YMC); the
Hearing Examiner makes and issues the following:
Kerry and Gina Martin 2
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48''Avenue
RZ#006-21;CL2#024.21;ADJ#012-21
10
RECEIVED
SEP 2 3 2021
FINDINGS CITY OF VAKIMA
PLANNING DIV
I. Property Owners/Applicants/Representative. The property owners and
applicants are Kerry and Gina Martin. Their representative is Leanne Liddicoat of
Digital Design & Development, 1909 West Lincoln Avenue, Suite #1, Yakima,
Washington 98902.
II. Location. The location of the 0.58-acre parcel proposed for the Rezone and a
14-unit multifamily use with side and rear setbacks is 706 South 48n' Avenue on
the west side of the street. The Assessor's Parcel Number is 181328-11008.
III. Applications. The main aspects of this master application for approval of
both a Rezone and a Class (2) multifamily use with setback Adjustments may be
summarized as follows:
(1) Applications for a Rezone and Environmental Review were received on
April 30, 2021. The applications for Type 2 Review and setback Administrative
Adjustments were received on June 1, 2021. They were deemed complete for
processing on June 4,2021. The Rezone and Class(2)multifamily use can only be
approved if the City Council approves the requested Comprehensive Plan
amendment after a recommendation from the Planning Commission.
(2) These applications are being processed under YMC Chapter 15.23 for
Rezone Review,YMC Chapters 15.14 and 15.15 for Type(3)Review of Class(2)
uses,YMC Chapter 15.10 for Administrative Adjustments and YMC Chapter 6.88
for Environmental Review.Pursuant to YMC Chapter 1.43 and YMC §15.23.030,
the Hearing Examiner has the authority to hold a public hearing and provide a
recommendation to the City Council regarding a Rezone request. Pursuant to
YMC §15.11.100(A)(1), all aspects of these applications are decided by the City
Kerry and Gina Martin 3
Project Rezone from R-1 to B-2
Class(2) 14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
11
RECEIVED
SEP 2 3 2021
CITY OF YAKIMA
PLANNING DIV.
Council with the aid of these recommendations from the Hearing Examiner and
subject to the City Council's approval of a requested Comprehensive Plan
amendment from the Low Density Residential designation to the Community
Mixed Use designation after a recommendation from the Planning Commission.
IV. Notices. Notices for the open record public hearing which was originally
scheduled for August 26,2021,were given in accordance with YMC Table 11-1 in
YMC §15.11.020,YMC §15.11.080 and YMC §16.05.010 as follows:
(1) The subject property was posted with a land use action sign on June 16,
2021.
(2) A Notice of Application, Environmental Review and Public Hearing
was sent to the applicant, SEPA agencies and adjoining property owners within
300 feet of the subject property on June 25,2021.
(3) On July 22, 2021, a Notice of Public Hearing and of a SEPA Deter-
mination of Nonsignificance(DNS)was sent to the applicant, SEPA agencies and
adjoining property owners within 300 feet of the subject property and published in
the Yakima Herald-Republic. Only one comment was received during the 20-day
SEPA comment period. That comment from the Washington State Department of
Ecology(DOE)was as follows:
Historical aerial photos indicate a portion of your property was occupied by
orchard during the time period when lead arsenate was applied as a
pesticide, often resulting in shallow soil contamination from lead and/or
arsenic. Because your project is converting agricultural or vacant property
to a new land use that increases exposure risk, this project is required to
conduct soil sampling prior to development and submit results to Ecology
at: formerorchards@ecy.wa.gov. Ecology may require cleanup of your
property if sampling indicates concentrations of arsenic or lead above State
cleanup levels. This cleanup requirement is not part of the development and
permitting process through your local building authority. This is a
requirement of the Model Toxics Control Act (Chapter 173-340 WAC).
Cleanup can be quick and easy for commercial or industrial developments.
Kerry and Gina Martin 4
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48'Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
12
RECEIVED
5EP 2 S 2021
Gil'? (1F '1 AKIMA
PLANNING DiV
Buildings and permanent surfaces are an acceptable barrier to prevent
exposure to contaminated soils. Landscaped areas require a cover of clean
soil. The Department of Ecology plans to use Model Remedies for lead and
arsenic pesticide contamination in historical orchards of Central Washing-
ton. Model Remedies provide specific technical guidance for sampling and
cleanup of former orchard properties. A Focus Sheet on the Model
Remedies can be found at https://apps.ecologv.wa.gov/publications/docu-
ments/2109007.pdf. Compliance with a Model Remedy ensures your pro-
ject meets the minimum standards of the Model Toxics Control Act, and if
implemented as described,your property will be successfully cleaned up to
Washington State standards. Using a Model Remedy also allows Ecology
to waive review fees and reduce response time. Ecology can provide free
initial sampling,as well as free technical assistance for your project.
(4) The staff response to the comment is that the applicant shall conduct a
soil sampling analysis and submit the results to the Department of Ecology prior to
the issuance of building permits on the site. This action can be conducted during a
project specific application for the site.
(5) On August 26, 2021, Mr. Martin indicated that the applicants'
representative was unable to attend the hearing and requested that it be continued.
No one else appeared to testify relative to this application. The hearing was
therefore continued on the record until September 9, 2021, and notice thereof was
posted at the entrance to the hearing room immediately after the continuance on
the record. No written public comments from neighbors or nearby residents were
received at or prior to the open record public hearing which was conducted on
September 9, 2021, and no testimony from neighbors or nearby residents was
presented at the public hearing.
V. Environmental Review. A Notice of Application and SEPA Environmental
Review was mailed to SEPA agencies, the applicant, and adjoining property
owners within 300 feet of the subject property on June 25, 2021. The DOE
comment was the only comment received during the comment period. A SEPA
Kerry and Gina Martin 5
Project Rezone from R-1 to B-2
Class(2) 14-Unit Multifamily Use
Located at 706 South 48"'Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
13
RECEIVED
SEP 2 3 2021
t;ITY OF YAKIMA
PLANNING DIV.
Determination of Nonsignificance(DNS)was issued on July 22, 2021,which was
not appealed.
VI. Zoning and Land Uses. The 0.58-acre Parcel No. 181328-11008 is
proposed for a Rezone from the Single-Family Residential (R-1)zoning district to
the Local Business (B-2) zoning district and three existing single-family
residences are proposed to be replaced by two buildings with 29 parking spaces
between them which would contain a total of 14 multifamily dwelling units.
Nearby properties have the following zoning and land use characteristics:
Location Existing Zoning Existing Land Use
North Local Business(B-2) Multifamily
South Single-Family Residential(R-1) Detached Single-Family
Two-Family Residential(R-2) Dwelling/Duplex
East Two-Family Residential(R-2) Multifamily Dwelling
West Two-Family Residential(R-2) Multifamily Dwelling
Single-Family Residential(R-1) Single-Family
VII. Applicant's Written Description of the Grounds for Approval of
the Rezone Application. The applicants' grounds for approval of the proposed
Rezone application from the Single-Family Residential(R-1)zoning district to the
Local Business (B-2)zoning district pursuant to YMC Chapter 15.23 are set forth
as follows in italics in response to the City's requests for detailed information:
(1) How is the subject property suitable for uses permitted under the
proposed zoning?The property is currently zoned R-1 with 3 existing single-family
residences. It is next to a B-2 property to the north which is located in the future
land use designation of Community Mixed Use.A request to the underlying future
Kerry and Gina Martin 6
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
14
RECEIVED
SEP 2 3 2021
CITY OF YAKIMA
land use type has been requested and is in process with the Yakima Planninig l NG OIV.
Commission. Neighboring parcels are zoned R-1 and R-2.
(2) What is the status of the existing land use? The property is zoned R-1
and has three single family residences.
(3) How is the rezone request in compliance with and/or how does the
request deviate from the Yakima Urban Area Comprehensive Plan? The rezone
request will comply with the Yakima Urban Area Comprehensive Plan future land
use designation of Community Mixed Use which has been requested before the
Yakima Planning Commission.
(4) Are there adequate public facilities, such as traffic capacity, sewer
services,potable water, stormwater drainage, schools,fire and police services,and
other public services and infrastructure existing on and around the subject
property? The property is on 48th Avenue and has access to all needed utilities
and infrastructure.
(5) Are the existing public facilities capable of supporting the most
intensive use of the new (requested) zone? If not, what mitigating measures are
going to be implemented to address any short falls in public services that may
exist? Existing public facilities would be able to handle any B-2 zoning use. The
neighboring commercial properties to the north have made the changes required
through the planning and building permit process.
(6) How is the proposed zone change compatible with the existing
neighboring uses? The neighborhood is close to the 48th Avenue and Nob Hill
intersection. All neighbors to the north are B-2 properties and include retail,
professional and medical offices, a bank, convenience store and restaurants. The
Glenmoor Green apartment complex is to the east, duplexes are to the west, and a
single family residence is to the south. Farther south towards the 48th Avenue and
Nob Hill intersection are neighborhood service businesses and residential.
(7) What mitigating measures are planned to address incompatibility, such
as sitescreening, buffering, building design, open space, traffic flow alteration,
etc.? The site will comply with any mitigation measures requested from the City.
Additionally, there will be enough on-site parking to accommodate all the tenants
of the proposed development.
Kerry and Gina Martin 7
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 486 Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
15
RECEIVED
SEP 2 2, 2021
GM OF YAKIMA
PLANNING OIV.
(8) What is the public need for the proposed change? More residential
options are needed in Yakima and this change will provide 14 units, and it fits
within the Community Mixed Use classification.
VIII. Applicant's Written Description of the Grounds for Approval of
the Class (2) Multifamily Use Application. The applicants' grounds for
approval of the proposed Class (2) multifamily use pursuant to YMC Chapter
15.14 are set forth as follows in italics following the City's requests for detailed
information:
(1) Fully describe the proposed development, including number of dwell-
ing units and parking spaces. If the proposal is for a business, describe hours of
operation, days per week and all other relevant information related to the business.
The proposal is for 14 apartment units in two 2-story buildings with 29 parking
spots provided. A small maintenance office is also on the property.
(2) How is the proposal compatible to neighboring properties? The neigh-
boring properties are R-2, R-2, and B-2, so a multifamily apartment complex is a
compatible project.
(3) What mitigation measures are proposed to promote compatibility? The
appropriate site screening will be included in the project as well as shielded
outdoor lighting.
(4) How is your proposal consistent with current zoning of your property?
Applications for a Comprehensive Plan amendment for Community Mixed Use
and rezone to B-2 have been submitted. The proposed project is a Type 2 use in a
B-2 zone.
(5) How is your proposal in the best interest of the community? This
proposal will provide additional housing in a neighborhood that already reflects a
variety of housing types.
Kerry and Gina Martin S
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48'h Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
16
RECEIVED
Shp 2 3 2021
CITY OF YAKIMA
PLANNING DIV.
IX.Applicant's Written Description of the Grounds for Approval of the
Setback Administrative Adjustment Application. The applicants' grounds
for approval of the requested Administrative Adjustment application to reduce the
side setbacks from 20 feet to 10 feet and the rear setback from 20 feet to 15 feet
pursuant to YMC Chapter 15.10 are set forth as follows in italics following the
City's requests for detailed information:
(1) How would the strict enforcement of the current standard affect your
project? Without the adjustment the project would be reduced by 4 housing units.
(2) How is the proposal compatible with neighboring properties? Have
other adjustments been granted nearby? Neighboring properties are single family,
duplex apartment, and other multi family uses. The B-2 property to the north has a
rear setback of 10 feet.
(3) How is your proposal consistent with current zoning of your property?
B-2 zoning with a Type 2 review is an appropriate land use for multi family
housing.
(4) How is your proposal consistent with uses and zoning of neighboring
properties? The neighboring properties are B-2, R-2, and R-1 with a variety of
housing types, so this proposal is consistent with other uses in the area.
(5) How is your proposal in the best interest of the community? This
project adds more multi family housing which has been identified as a need by the
City of Yakima.
X. Applicable City Ordinance Provisions. City Ordinance provisions
applicable to these applications include the following:
(1) Rezone: Pursuant to YMC §15.02.020, "Rezone" means to change the
zoning district classification of particular lot(s)or parcel(s)of land.
Kerry and Gina Martin 9
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48"'Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
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PLANNING DIV.
(2) R-1 Zoning District Defined: Pursuant to YMC §15.03.020(B), the
intent of the Single-Family Residential district is as follows:
(a) Establish new residential neighborhoods for detached single-
family dwellings free from other uses except those which are compatible
with, and serve the residents of, this district, which may include duplexes
and zero lot lines if established during the subdivision process;
(b) Preserve existing residential neighborhoods for detached single-
family dwellings free from other uses to ensure the preservation of the
existing residential character,and serve the residents of this district;and
(c) Locate moderate-density residential development, up to seven
dwelling units per net residential acre, in areas served by public water and
sewer system.
(d) Detached single-family dwellings are the primary use in this
district. The district is characterized by up to sixty percent lot coverage;
access to individual lots by local access streets;required front,rear and side
yard setbacks; and one-and two-story structures. The density in the district
is generally seven dwelling units per net residential acre or less.
(e) This zone is intended to afford single-family neighborhoods the
highest level of protection from encroachment by potentially incompatible
nonresidential land uses or impacts.Nonresidential uses within these zones
are not allowed; except for public or quasi-public uses, which will be
required to undergo extensive public review and will have all necessary
performance or design standards assigned to them as necessary to mitigate
potential impacts to adjacent residences.
(t) Duplex and multifamily development up to seven dwelling units
per net residential acre may be allowed in accordance with Table 4-1.
(3)Local Business District(B-2)Defined. Pursuant to YMC §15.03.020(F),
the purpose of the Local Business District is to:
(a)Provide areas for commercial activities that meet the small retail
shopping and service needs of the community;and
Kerry and Gina Martin 10
Project Rezone from R-1 to B-2
Class(2) l4-Unit Multifamily Use
Located at 706 South 481h Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
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PLANING
(b) Accommodate small-scale commercial uses that need a higner DIY.
level of visibility and easy access to major arterials. Uses characteristic of
this district include small retail sales and service establishments.
(4) Class (2) Land Use Defined: Pursuant to YMC §15.04.020(B), Class
(2) uses are generally permitted in the district. However, the compatibility
between a Class(2)use and the surrounding environment cannot be determined in
advance, and occasionally a Class (2) use may be incompatible at a particular
location. Therefore,a Type(2)review by the administrative official is required in
order to promote compatibility with the intent and character of the district and the
policies and development criteria of the Yakima Urban Area Comprehensive Plan.
The procedures in YMC Chapter 15.14 shall be used to review and evaluate Class
(1)uses that require a Type(2)review process.
(5) Type (2) Review: Pursuant to YMC §15.14.020, Type (2) Review is
required for any proposed use shown on Table 4-1 as a Class (2)use, for Class(1)
uses requiring Type(2)review in YMC §15.13.020, and for other specific reviews
established by this title.
(6) Compatibility Defined: Pursuant to YMC §15.02.020, "Compatibility"
means the characteristics of different uses or developments that permit them to be
located near each other in harmony with or without special mitigation measures.
(7) Development, Multifamily Defined: Pursuant to YMC §15.02.020
"development, multifamily" means a structure or structures, or portion thereof,
designed for occupancy by three or more families living independently of each
other and containing three or more attached or detached dwelling units on a lot.
Any combination of three-plus, duplex and detached single-family dwellings that
have a common driveway access on a single lot of record is considered
multifamily development.
(8) Number of Parking Spaces: Pursuant to YMC Table 6-1 in YMC
§15.06.040, a multi-family development of 10 units or more is required to have
1.5 spaces per dwelling unit.
(9) Construction and Maintenance of Parking Spaces: Pursuant to YMC
§15.06.110, all off-street parking lots, driveways, travel ways, parking aisles,
vehicle storage, and vehicle sales lots having a capacity of three or more vehicles
shall be constructed in the following manner:
Kerry and Gina Martin 11
Project Rezone from R-1 to B-2
Class(2) l4-Unit Multifamily Use
Located at 706 South 48'1'Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
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PLANNING DIV
(a) Surfacing. Paved with two-inch-thick asphaltic surfacing on an
aggregate base, or an equivalent surfacing acceptable to the administrative
official, so as to eliminate dust or mud. Pervious asphalt or concrete
materials are encouraged.
(b) Grading and Drainage. Graded and drained so all surface water
is disposed of on site. Grading and drainage facilities shall be designed
according to accepted engineering standards and the Eastern Washington
Stormwater Manual, which will require review by the city engineer or a
designee.
(c) Border Barricades. Any parking, vehicle storage, or motor
vehicle sales area abutting the street property line shall provide a concrete
curb at least six inches in height and located at least two feet from the street
property line. The curb shall be securely anchored. No curb shall be
required across any driveway or entrance to the parking area, or if the
parking lot is separated from the street by a fence or hedge.
(d) Markings.All parking spaces(except motor vehicles sales areas)
shall be marked by durable painted lines at least four inches wide and
extending the length of the stall or by curbs or other means approved by the
administrative official to indicate individual parking stalls. Signs or
markers located on the parking lot surface shall be used as necessary to
ensure safe and efficient use of the parking lot. In addition, when required,
all accessible parking spaces shall be marked and signed in compliance
with the currently adopted International Building Code.
(10) Sitescreening: Pursuant to YMC Table 7-1 in YMC §15.07.050,
Sitescreening Standard "C" is required along the west and south property lines.
Standard "C" is a six-foot-high, view-obscuring fence, made of wood, masonry
block, concrete or slatted chain link material. A three-foot-wide planting strip
landscaped with a combination of trees, shrubs and groundcover along the outside
of the fence is also required when the fence is adjacent to a street, alley or
pedestrian way.
(11) Setbacks: Pursuant to YMC Table 5-1 in YMC Chapter 15.05, the
required structure setbacks in the B-2 zoning district include:
Kerry and Gina Martin 12
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48'h Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
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PLANNING DIV
Front: 30 feet from centerline of right-of-way
Rear: 20 feet from the property line
Side,property line: 20 feet from the property line
(12) Frontage Improvements: The subject site is located along South 48th
Avenue which is an Eisenhower and Wilson safe routes to school route. Also
sidewalk is located along the same frontage within 200 feet. Therefore, frontage
improvements, including curb, gutter, and sidewalk, are required along the
property frontage of South 48th Avenue in accordance with YMC §15.05.020(J).
XI. Written Comments of the Development Services Team (DST). The
Development Services Team meeting was held for these Rezone, Class (2) and
Administrative Adjustment applications during the week of August 3, 2021. The
following comments were received:
(1) Code Administration: Preliminary addressing shall be 4800 Bonnie
Lane #1-14. Applicable Wastewater connection fees must be paid pursuant to
YMC 7.58. Any work performed in the City right-of-way requires an Excavation
permit from City Engineering prior to commencing work,YMC 8.72. If the parcel
is to be served by City sewer, payment of applicable Wastewater connection fees
must be paid pursuant to YMC 7.58. If the site is to be served by a septic system,
the applicant must provide proof that necessary approval from the Yakima Health
District has been obtained,prior to the issuance of permits.
(2) Engineering: This project requires Title 8 and 12 improvements,
including but not limited to the following:
(a) YMC 8.67 and 12.05 — Where existing driveways are not
utilized, they shall be removed, and new curb, gutter and sidewalk shall be
installed. Any existing curb, gutter or sidewalk along frontage that is unfit
or unsafe shall also be repaired/replaced.
(b) YMC 8.64 —A residential driveway approach is required which
meets the requirements of this chapter and standard detail R4.
Kerry and Gina Martin 13
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48t1 Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
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(c) YMC 8.72 — An excavation and street break permit shall be
obtained for all work within the public right of way.
(d) All improvements shall be completed prior to Certificate of
Occupancy.
(3) Sewer: All separate buildings using plumbing are required to have a
separate side sewer connection to City sewer main line.
(4) Nob Hill Water:Nob Hill Water Association water is available to serve
the new project. Customer/owner will need to contact Nob I-till Water Association
for a cost estimate after producing finalized engineered cad plans.
XH. Rezone Review Criteria. The Hearing Examiner's recommendations
regarding Rezone applications within the Yakima Urban Area must be based upon
the following criteria specified in YMC §15.23.030(D):
(1) The testimony at the public hearing.Notice of the public hearing was
given by posting on the property, mailing to SEPA agencies and all property
owners within 300 feet of the subject property, and publishing in the newspaper
wherein the public was invited to submit written and/or oral comments at the
public hearing on this proposed Rezone. No written public comments from
neighbors or nearby property owners were received.All of the testimony presented
at the hearing by Senior Planner Trevor Martin and by Leanne Liddicoat favored
approval of the Rezone.
(2) The suitability of the property in question for uses permitted under
the proposed zoning.The subject parcel is suitable for uses permitted in the Local
Business (B-2)zoning district,particularly in view of the fact that this is a request
for approval of a project Rezone so as to allow a 14-unit multifamily use with
associated parking in a mixed use area that was not opposed by any of the
neighboring property owners.
Kerry and Gina Martin 14
Project Rezone from R-1 to B-2
Class(2) I4-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
22
RECEIVED
EP 2S ?V
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PLANNING DID
(3) The recommendation from interested agencies and departments.
The Planning Division recommends approval of the proposed project Rezone. No
agencies or departments opposed this requested project Rezone.
(4) The extent to which the requested zoning amendment is in
compliance with and/or deviates from the goals and policies as adopted in the
Yakima Urban Area Comprehensive Plan and the intent of the zoning
ordinance. If the City Council approves the requested Comprehensive Plan
amendment from the Low Density Residential designation to the Community
Mixed Use designation,the Local Business(B-2)zoning district would implement
the proposed Community Mixed Use designation which is intended to allow a
mixture of neighborhood scaled retail, commercial, service, office and high
density residential uses. The requested B-2 zoning would also be in compliance
with the following Goals and Policies in the 2040 Comprehensive Plan:
(a) Goal 2.3: Preserve and enhance the quality, character and
function of Yakima's residential neighborhoods.
(b) Policy 2.3.1: Provide for a wide variety of housing types within
the city to meet the full range of housing needs for Yakima's evolving
population.
(c) Policy 2.3.2(A): Ensure that new development is compatible in
scale, style,density,and aesthetic quality to an established neighborhood.
(d) Goal 5.1: Encourage diverse and affordable housing choices.
(e) Goal 5.2: Preserve and improve existing residential neighbor-
hoods.
(5) The adequacy of public facilities, such as roads, sewer, water and
other required public services. There are various utilities which are available to
serve the property along South 48'h Avenue including Nob Hill Water Association
water, Pacific Power electricity, Cascade Natural Gas, CenturyLink telephone,
Charter cable TV,and City of Yakima garbage collection services. City of Yakima
Fire and Police departments also serve this area. City of Yakima sewer is in the
vicinity and will need to be extended to serve the property.
Kerry and Gina Martin 15
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48`h Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
23
RECEIVED
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CITY OF YAKIMA
PLANNING DIV.
(6) The compatibility of the proposed zone change and associated uses
with neighboring land uses. The requested project Rezone to the B-2 zoning
district would permit the property to be redeveloped to allow for residential uses
similar to those located to the north,east and west.
(7) The public need for the proposed change. The public need for this
proposed change would be to allow the property to be developed in a way that is
similar to other nearby properties and, if the City Council approves the requested
Comprehensive Plan amendment to the Community Mixed Use designation, then
to allow the property to be used in accordance with that Comprehensive Plan
designation.
XIII. Class (2) Review Criteria for the Proposed 14-Unit Multifamily
Use. Since a Multifamily Development of 13+Dwelling Units per Net Residential
Acre is listed as a Class (2) use in the B-2 zoning district by YMC Table 4-1 in
YMC §15.04.030,the Hearing Examiner's findings and conclusions relative to the
proposed 14-unit multifamily development are required to include specific reasons
and ordinance provisions demonstrating that the proposal satisfies the following
Type (2) Review criteria that are set forth in YMC §15.04.020(B), in YMC
§15.14.040(G) and in the similar Type (3) Review criteria set forth in YMC
§15.15.040(I):
(1) Compliance and Compatibility with the Objectives and Develop-
ment Standards of the Comprehensive Plan. The proposed multifamily use
would be compliant and compatible with the Comprehensive Plan Community
Mixed Use designation of the property which includes high density residential
uses if that Plan amendment is approved by the City Council. It would also be
compliant and compatible with Comprehensive Plan Goal 2.3,Policy 2.3.1,Policy
2.3.2(A), Goal 5.1 and Goal 5.2 as previously detailed above in Subsection XII(4).
Kerry and Gina Martin 16
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
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GITY Of�4NING DIV�
(2) Compliance and Compatibility with the Intent and Character of
the (B-2) Zoning District. The proposed 14-unit multifamily use on a 0.58-acre
parcel would be compliant and compatible with the intent and character of the
Local Business (B-2) zoning district which includes multifamily developments
exceeding 12 dwelling units per net residential acre as Class (2) uses that are
generally permitted in that zone.
(3) Compliance with the Provisions and Standards Established in the
Zoning Ordinance. The applicable provisions and standards in the zoning
ordinance include some of the requirements detailed above in the comments of the
City's Development Services Team. Some of the additional development stan-
dards which apply within the requested B-2 zoning district where the 14-unit
multifamily use would be located include the following:
(a) Number of Parking Spaces Required: YMC Table 6-1 in YMC
§15.06.040 requires 1.5 parking spaces for each unit which means that 21
parking spaces are required for 14 units. The applicant intends to have 29
parking spaces which would exceed the standard.
(b) Landscaping of Parking Lots Required: YMC §15.06.090(A)
requires that landscaping of parking lots with five or more spaces shall be
ten percent of the total parking area. The landscaping area may be included
to satisfy the lot coverage(impermeable surface)limitation of Table 5-1.
(c) Lot Coverage: The estimated lot coverage of 66 percent will
comply with the maximum lot coverage of 80 percent permitted in the B-2
zoning district.
(d) Setbacks: The applicants have requested an Administrative
Adjustment to allow 10-foot-wide side setbacks and a 15-foot-wide rear
setback which will be considered in the following section.
(e) Sitescreening: YMC Table 7-1 in YMC §15.07.050 specifies the
type of sitescreening that is required. Sitescreening Standard "C" shall be
installed along the west and south property line prior to the issuance of a
certificate of occupancy for either of the proposed buildings.
(f) Public Facilities: Nob Hill Water Association water is available
to the site and City of Yakima sewer is in the vicinity and can be extended
Kerry and Gina Martin 17
Project Rezone from R-1 to B-2
Class(2) 14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
25
RECEIVED
SEP 2 3 2tri
p pNNING 01%'
to the site. The property is accessed from South 48th Avenue which is a
collector arterial street. The applicant is required to install the requisite
curb, gutter and sidewalk along the frontage of the subject parcel on South
48th Avenue.
XIV. Administrative Adjustment Criteria for the Requested Setback
Adjustments for the 14-Unit Multifamily Use. YMC §15.10.020 provides
flexibility by allowing certain development standards in Chapters 15.05 through
15.08 to be administratively adjusted. A particular standard may be reduced or
modified so long as the reviewing official determines that the adjustment is
consistent with the purpose of the zoning ordinance, is consistent with the intent
and purpose for the standard and will accomplish one or more of five objectives.
The five objectives listed in YMC §15.10.020 apply, or do not apply, to the
requested setback adjustments in the following ways:
(1) Allow buildings to be sited in a manner that maximizes solar
access: This objective does not apply. It is not the purpose of the proposed
setback adjustments to maximize solar access to any building.
(2) Allow zero lot line or common wall construction in conformance
with the provisions of this title: This objective does not apply since no zero lot
line or common wall construction is proposed.
(3) Coordinate development with adjacent land uses and physical
features: YMC Table 5-1 in YMC Chapter 15.05 specifies 20-foot-wide side and
rear building setbacks. Adjusting the side setbacks to 10 feet and the rear setback
to 15 feet in width would be consistent with neighboring uses such as the B-2
property to the north which has a rear building setback of 10 feet in width. There
are duplex and other multifamily uses in the area. Neither the Planning Division
nor any adjacent property owner has an objection to the requested setbacks.
Failure to allow them would require a reduction of four units in the proposed
Kerry and Gina Martin 18
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
26
RECEIVED
SEP 2 ii 2021
CITY OF YAKIMA
PLANNING OIV
multifamily development without any evidence in the record to justify a denial of
the requested setback adjustments.
(4) Permit flexibility of design and placement of structures and other
site improvements: The requested setback adjustments would permit flexibility of
design and placement of structures so that 14 rather than 10 multifamily units
could be developed on the site.
(5) Allow development consistent with a specific sub-area plan: This
objective does not apply since no sub-area plans exist to address this area.
Based upon the uncontradicted evidence in the record of these applications, the
requested setback adjustments should be allowed because they would be consistent
with the purpose of the zoning ordinance to allow multifamily uses in the B-2
zoning district;they would be consistent with an objective of the setback standards
to allow for sufficient light and air between buildings; and they would accomplish
two of the five listed objectives for an Administrative Adjustment even though
only one of those objectives must be served in order to allow the adjustments.
XV. The Consistency of a Proposed Multifamily Use with Development
Regulations and the Comprehensive Plan under the Criteria Required
by YMC&16.06.020(3)is determined by consideration of the following factors:
(1) The types of land uses permitted at the site would include the
proposed 14-unit multifamily use if the requested Comprehensive Plan Mixed Use
Commercial designation is approved by the City Council, in which case the
proposed multifamily use could be allowed as a Class(2)use in the proposed B-2
zoning district with the requested setback adjustments in accordance with the
findings set forth above in these recommendations.
(2) The density of residential development of 14 dwelling units on a
0.58-acre parcel would be allowed subject to the 80% lot coverage limitation in
the B-2 zoning district where 13+ dwelling units are allowed as a Class (2) use if,
as is the case here, the 14-unit multifamily use satisfies the Class (2) use criteria
for approval.
Kerry and Gina Martin 19
Project Rezone from R-1 to B-2
Class(2) 14-Unit Multifamily Use
Located at 706 South 481h Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
27
RECEIVED
SEP 2 S 202i
PLANNNNING DIVµ
(3)The availability and adequacy of infrastructure and public faci es
is not an issue here since there are adequate public and private utility services
available to be utilized, or in the case of City of Yakima sewer available in the
vicinity to be extended, for the two proposed buildings and since there is adequate
access to the site by way of South 48th Avenue which will have frontage
improvements installed by the applicants.
(4) The characteristics of the development will be consistent with the
development regulations and Comprehensive Plan considerations as discussed in
detail above.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner reaches the
following Conclusions:
(1) YMC Chapter 1.43 and YMC §15.11.100(A)(1) provide that the
Hearing Examiner has jurisdiction to recommend approval by the Yakima City
Council of the requested project Rezone of the 0.58-acre Parcel No. 181328-11008
from the Single-Family Residential (R-1)zoning district to the Local Business(B-
2) zoning district and to recommend approval of the proposed Class (2) 14-unit
multifamily use with setback adjustments,which approval is hereby recommended
so long as the City Council approves the applicants' requested Comprehensive
Plan amendment from the Low Density Residential designation to the Community
Mixed Use designation.
(2) Public notice for the September 9, 2021, open record public hearing
was provided in accordance with zoning ordinance requirements.
(3) A SEPA Determination of Nonsignificance (DNS) for this requested
Rezone and Class(2)use with Administrative Adjustments was issued on July 22,
2021,and became final without any appeals.
(4) The requested Rezone and proposed multifamily use with setback
adjustments are compliant and compatible with the Goals and Policies of the 2040
Kerry and Gina Martin 20
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48'h Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
28
RECEIVED
SEP 2 8 2021
CITY DF YAKIMA
PLANNING DIV.
Yakima Urban Area Comprehensive Plan if the City Council approves the
Comprehensive Plan Community Mixed Use designation for the site.
(5) All of the requisite criteria for approval of a Rezone of the 0.58-acre
parcel no. 181328-11008 to the Local Business (B-2) zoning district will be
satisfied if the City Council approves the Community Mixed Use designation of
the City's 2040 Comprehensive Plan for the parcel.
(6) The requested Rezone and Class (2) multifamily use with setback
adjustments satisfy all of the requisite criteria for their approval if the City Council
approves the Comprehensive Plan Community Mixed Use designation for the site.
(7) This request for a Rezone and for approval of the proposed Class (2)
multifamily use complies with the YMC §16.06.020(B) criteria for making a
Determination of Consistency if the City Council approves the Comprehensive
Plan Community Mixed Use designation for the site.
RECOMMENDATIONS
Pursuant to YMC §15.11.100(A)(1) which requires the Class (2) use and
setback Adjustment decisions to constitute recommendations to the City Council
because they are consolidated with a Rezone recommendation, and contingent
upon the City Council's approval of the applicants' request for a Comprehensive
Plan amendment of the site from the Low Density Residential to the Community
Mixed Use designation, the Hearing Examiner recommends to the Yakima City
Council that the project Rezone from the Single-Family Residential (R-1) zoning
district to the Local Business (B-2)zoning district and the 14-unit multifamily use
with 29 parking spaces and with side and rear setback adjustments as described
herein and in the City's record for File Nos. RZ#006-21, CL2#024-21, ADJ#012-
21 and SEPA#016-21 be APPROVED,subject to the following conditions:
Kerry and Gina Martin 21
Project Rezone from R-1 to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-21;ADJ#012-21
29
RECEIVED
SEP 2 3 2021
WY OF YAKIMA
p pNNING DIV_
(A) Frontage improvements including curb, gutter, and sidewalk shall be
installed along South 48th Avenue.
(B) A residential driveway approach shall be installed that meets the
requirements of the Yakima Municipal Code and standard detail R4.
(C) The multifamily buildings shall be connected to City of Yakima sewer.
(D) The multifamily buildings shall be connected to Nob Hill Water
Association water.
(E) Any work performed in the right-of-way requires an Excavation Permit
from the City Engineering Division prior to starting work.
(F) Ten percent of the parking area shall be landscaped.
(G) A final site plan shall be submitted showing the parking lot land-
scaping.
(H) The multifamily use shall comply with all other City requirements.
DATED this 23'day of September,2021.
M
Gary M. Collier,Hearing Examiner
Kerry and Gina Martin 22
Project Rezone from R-I to B-2
Class(2)14-Unit Multifamily Use
Located at 706 South 48th Avenue
RZ#006-21;CL2#024-2I;ADJ#012-21
30
Exhibit "C"
Legal Description
The W 320 ft of E 340 ft of N 10 ft of SE 14, NE 14, NE 14, S 28, T 13N, R 18E, WM, Ex W 150
Ft