HomeMy WebLinkAbout11/16/2021 04.U. Ordinance adopting the City Council's decision on CPA#007-21 and RZ#007-21 f44 •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.U.
For Meeting of: November 16, 2021
ITEM TITLE: Ordinance adopting the City Council's decision on CPA#007-21
and RZ#007-21
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 Parcel 181329-42428 as follows: Future Land Use Map from
Low Density Residential to Commercial Mixed Use and Zoning Map from
Single-Family Residential (R-1) to Large Convenience Center (LCC)
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 Casey and
Shawna Gamache, submitted applications for Comprehensive Plan Amendment, Rezone, and
Environmental Review(CPA#007-21, RZ#007-21, SEPA#017-21) requesting to change the
Future Land Use Map designation for parcel 181329-42428, which is legally described in Exhibit
"B" attached hereto and incorporated herein by this reference, from Low Density Residential to
Commercial Mixed Use and to concurrently rezone from Single-Family Residential (R-1) to
Large Convenience Center (LCC); 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 recommended approval of the proposal 3-1; 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#007-21 and RZ#007-21. 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
SINE ion Joan Davenport,AICP,Director
", WM\
-inkPlanning Division
Joseph Calhoun,Manager
PI a n n YAKIMA
129 North Second Street,2"d 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#007-21, RZ#007-21
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 30, 2021 applications for Comprehensive Plan Amendment and
Rezone were submitted by Digital Design and Development, on behalf of Casey and Shawna
Gamache,to amend the Comprehensive Plan Future Land Use Map Designation from Low
Density Residential to Commercial Mixed Use, and concurrently Rezone from Single-Family
Residential(R-1)to Large Convenience Center(LCC), parcel 181329-42428(City File
CPA#007-21, RZ#007-21); and
WHEREAS,The applications were considered complete for processing on June 10,
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#017-21); 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#007-21, RZ#007-21
APPLICANT: Digital Design and Development, on behalf of Casey and Shawna
Gamache
APPLICANT ADDRESS: 1909 W Lincoln Ave, Ste#1;Yakima,WA;98902
PROJECT LOCATION: 1103 S 72nd Ave
PARC E L(S): 181329-42428
FINDINGS OF FACT
1. The applicant requests to amend the Comprehensive Plan Future Land Use Map
designation from Low Density Residential to Commercial Mixed Use with a concurrent
Rezone from Single-Family Residential(R-1)to Large Convenience Center(LCC).
2. The subject parcel is approximately 0.35 acres in size and is surrounded by residential
uses to the south and east, and commercial/service land uses to the north and west.
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 DENIAL 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
corner lot.There are limited options for development under the current Low-Density
Residential category.The proposed Commercial Mixed-Use designation and
subsequent land use process will promote future development on an otherwise
challenging parcel.
b. The Commercial 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 as this is a small corner lot. Future land use process
will allow additional public input.
5. The proposed Rezone from Single-Family Residential(R-1)to Large Convenience
Center(LCC)is consistent with the applicable approval criteria in YMC§ 15.23.030, as
follows:
a. There was no testimony presented at the public hearing,other than from the
applicant's representative.Several comment letters were received during the
comment period which raised concerns about potential commercial development and
the impact on the adjacent neighborhood.
b. The property is suitable for uses within the LCC zoning district.
c. The LCC zoning district is an implementing zone of the Commercial 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.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 commercial development
and to provide more options on a corner lot that has been vacant for many years.
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CONCLUSIONS
1. The Amendment and Rezone are minor in nature;
2. No adverse impacts have been identified which cannot be mitigated during a future
project-specific review;
3. No verbal comments were received during public testimony.Written comments received
during the comment period were considered and discussed during the public hearing.
4. This proposal underwent Environmental Review;
5. The proposed Comprehensive Plan Future Land Use Map Amendment from Low
Density Residential to Commercial Mixed Use with a concurrent Rezone from Single-
Family Residential(R-1)to Large Convenience Center(LCC)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 deny the Planning Division's
recommendation of denial, draft findings of fact in support of the proposal,and forward a
recommendation of approval to the Yakima City Council.The motion carried 3-1. Liddicoat
abstained.
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 Commercial Mixed Use and
Rezone from Single-Family Residential(R-1)to Large Convenience Center(LCC)for files
CPA#007-21 and RZ#007-21.
SIGNED this 8'h day of September,2021.
By:
Jacob Liddicoat,Chair
Yakima Planning Commission
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Exhibit "B"
Legal Description
West Valley Acres Lot 1, Except N &W County Road R/W