HomeMy WebLinkAbout11/18/2014 08 Comprehensive Plan Map and Text Amendments and Concurrent RezonesBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: November 18, 2014
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Closed Record Public Hearing and Ordinances on the 2014
Comprehensive Plan Map and Text Amendments and
Concurrent Rezones
Joan Davenport, AICP Community Development Director
Valerie Smith, AICP Senior Planner (509) 575-6042
The Washington State Growth Management Act requires cities and counties to adopt land use
regulations that are consistent with and implement their comprehensive plan. For 2014, the
Yakima Planning Commission held open record public hearings on three requests to amend the
City's Future Land Use Map designation and concurrent requests for rezones; and one request
for a text amendment.
At this time you are being asked to consider their recommendations and determine whether you
will accept, deny or remand any or all of these matters back to the Commission for additional
review. Should you choose to accept their recommendations you have been provided with the
draft of an ordinance which would affect these changes.
(Additional information previously provided to Council --on file in the City Clerk's Office and on-
line at: http://www.yakimawa.gov/services/planning/ under Quick Links).
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
The Planning Commission recommends that the City Council of the City of Yakima approve the
three Comprehensive Plan Amendments and concurrent rezones and the one text amendment.
Staff recommends acceptance of the Yakima Planning Commission's recommendations and
adoption of the Ordinances provided.
ATTACHMENTS:
Description Upload Date
Ordinance - 2014 Comp Plan Map Amendments 11/7/2014
Ordinance - Community Gardens - TXT003-14 11/7/2014
Ordinance - RZ001-14 -Plymouth Ranch LLC 11/6/2014
Ordinance - RZ002-14 - Jason Galloway 11/6/2014
Ordinance - RZ003-14 -Sergio Badillo 11/6/2014
Type
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
ORDINANCE NO. 2014 -
AN ORDINANCE concerning land use regulation and comprehensive planning and
amending the Future Land Use Map of the City of Yakima as
follows: changing the classification of the property located in the
vicinity of Highway 12 & North Avenue, Assessor's tax parcel
numbers 181312-33001, -33002, and 181313-22001, from Regional
Commercial to Industrial; and changing the classification of the
property located in the vicinity of East Viola Avenue, Assessor's
tax parcel numbers 191330-41453, -41457, -41458, from Medium
Density Residential to General Commercial; and changing the
classification of the property located at 402 North Avenue,
Assessor's tax parcel number 181324- 12469, from High Density
Residential to General Commercial.
WHEREAS, the Washington State Growth Management Act (GMA) requires
counties and cities to prepare long-range comprehensive plans pursuant to Ch. 36.70A
RCW and related laws and regulations; 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 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, Plymouth Ranch, LLC and Bill Hordan, Hordan Planning Services
have submitted an application requesting that the classification of the property legally
described in Exhibit "B" and located in the vicinity of Highway 12 & North Avenue
(parcel nos. 181312-33001, -33002, and 181313-22001) be changed from Regional
Commercial to Industrial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #001-14"); and
WHEREAS, Jason Galloway and Bill Hordan, Hordan Planning Services have
submitted an application requesting that the classification of the property legally
described in Exhibit "B" and located in the vicinity of East Viola Avenue (parcel nos.
191330-41453, -41457, -41458) be changed from Medium Density Residential to
General Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #002-14"); and
WHEREAS, Sergio Badillo and Bill Hordan, Hordan Planning Services have
submitted an application requesting that the classification of the property legally
described in Exhibit "B" and located at 402 North Avenue (parcel no. 181324-12469) be
changed from High Density Residential to General Commercial on the Future Land Use
Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #003-14"); and
WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued
a Determination of Nonsignificance for each Future Land Use Map Amendment in
accordance with WAC 197-11-355, as required under the State Environmental Policy
Act; and
WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning
Commission held appropriate meetings and hearings to review and consider the
requested comprehensive plan amendments; and
WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in
YMC 16.10.040, the Yakima Planning Commission made a recommendation to a
meeting of the City Council that the requested Comprehensive Plan amendments
described above be approved; and
WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning
Commission held appropriate hearings to review and consider the concurrent requested
zoning amendments; and
WHEREAS, the City Council finds that the findings of the Yakima Planning
Commission set forth in the recommendations in response to the requirements of the
Yakima Municipal Code ("YMC') § 15.23.030(D) are correct and appropriate, and that
the same should be adopted by the City Council as its findings herein; and
WHEREAS, pursuant to YMC 16.10.090, on November 18, 2014, a public
hearing regarding the requested comprehensive plan amendments described above
was held before a meeting of the City Council; and
WHEREAS, it is in the best interest of the City to enact the following and to
approve the requested comprehensive plan amendments described above, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subject to the specific terms of this ordinance, the Yakima City
Council adopts the October 22, 2014, findings, conclusions and recommendations of
the Yakima Planning Commission for CPA #001-14, CPA #002-14, and CPA #003-14.
A copy of said recommendations is attached as Exhibit "A" and is incorporated herein
by this reference.
Section 2. The official Future Land Use Map of the Yakima Urban Area
Comprehensive Plan shall be amended or modified to reclassify the subject real
properties set forth herein consistent with the above sections of this ordinance.
Section 3. The City Clerk is hereby authorized and directed to file a certified
copy of this ordinance with the Yakima County Auditor.
Section 4. Severability: 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. 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 at a regular meeting and signed and
approved this day of November, 2014.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
COI Al 11 of , b✓I', , pA" 11 /, 1N`
Planning Division
129 North SecOrl lStreet, 2nd Plot Yaklnu Washington ton 9890
Plwue (509) 575-1183 • Fax ( 5099) 575-6105
c sk.plan iargety ki aunga„ ow • http://www.yakinunvi ow/,Verr, es.
YAKIMA PLANNING COMMISSION
EXHIBIT "A"
RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL
FOR THE
2014 COMPREHENSIVE PLAN MAP AMENDMENTS, REZONES
AND TEXT AMENDMENT
October 22, 2014
WHEREAS
The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December
2006 and the Yakima Urban Area Zoning Ordinance in December 2013; 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
For the 2014 amendment review process, the Department of Community Development
received three applications for consideration for amendments to the Comprehensive
Plan's Future Land Use Map, three concurrent rezones, and one amendment for the
addition of a proposed land use within the YMC Title 15 Yakima Urban Area Zoning
Ordinance; and
WHEREAS
Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for
the review of these applications and for recommending the approval, modification or
denial of each request; and
WHEREAS
The Yakima Planning Commission held study sessions to review the Comprehensive
Plan, Zoning map amendments and text amendment on June 11, 2014, July 9, 2014,
and September 23, 2014 and the open record public hearings were held on October 8,
2014.
WHEREAS
All required public notice of these applications was provided in accordance with the
provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and
Yakima
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WHEREAS
A DNS was issued for this proposal on August 15, 2014, and the 14 -day appeal period
ended on August 29, 2014. No appeals were received; and
WHEREAS
The recommendations for these three Future Land Use Map amendments, and text
amendment are based upon the criteria specified in YMC 16.10.040; and
WHEREAS
The recommendations for the three concurrent rezones are based upon the criteria
specified in YMC Subsection 15.23.030(E); and
WHEREAS
The Yakima Planning Commission concluded its consideration of these four
applications on October 8, 2014.
Now therefore, the Yakima City Planning Commission presents the following
findings and recommendations to the Yakima City Council:
CPA # 001-14
APPLICANT: Plymouth Ranch, LLC/Bill Hordan, Hordan Planning
Services
LOCATION: Vicinity of Hwy 12 & North Avenue
PARCEL NOs: 181312-33001, -33002, and -22001
Based upon a view of the site, the information contained in the application, staff report,
exhibits, testimony and other evidence presented at an open record public hearing held
on October 8, 2014; and a review of the Yakima Urban Area Comprehensive Plan and
the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the
following:
FINDINGS
The applicant requests a change the Future Land Use Map designation of three parcels
from Regional Commercial to Industrial and a concurrent rezone from Large
Convenience Center (LCC) to Light Industrial (M-1).
The subject property is located on the south side of State Highway 12, and west of N.
Avenue. The property is near the Washington Fruit and Produce Company's existing
industrial development off of River Rd. between N. Avenue and N. Avenue. This is a
growing industrial regions, which is evident in the adjacent area to the southeast which
has successfully transitioned from Regional Commercial to Industrial, as approved
during the 2012 annual Comprehensive Plan Map Amendment cycle.
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
The requested change in land use designation from Regional Commercial to Industrial
is consistent with the Yakima Urban Area Comprehensive Plan by meeting many of the
goals, objectives and policies of the Plan set forth in the General Development, Public
Services, Land Use, Transportation, and Utilities Elements of the Comprehensive Plan.
This proposal will bring the zoning designation into conformance with adjacent
properties east and south of the subject property.
All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are
presently available to the property.
This is a relatively minor request and does not appear to present any adverse
consequences for adjacent jurisdictions or service providers. Because of the small land
area involved, there are no regionally significant issues related to the request;
consequently, this request will not significantly contribute to the cumulative impacts of
other Comprehensive Plan amendments.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will allow for better compatibility and consistency with
adjacent properties, directs infill within the city limits, and it fulfills a public need for
additional large scale light industrial property required to support the furtherance of local
economic development efforts.
YAKIMA PLANNIG COMMISSION'S CONCLUSIONS
1 Notwithstanding its size, the amendment is minor in nature.
2. No adverse impacts have been identified by this amendment request.
3. No written comments or testimony were received in opposition to the proposed
action.
4. The property is currently served by all necessary public utilities need for future
industrial development.
5. Approval of this request will not affect the cumulative impacts of other
Comprehensive Plan applications.
6. Fulfills the need for additional large scale industrially zoned property for the
furtherance of local economic development efforts.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Regional Commercial to Industrial and the rezone request
from Large Convenience Center (LCC) to Light Industrial (M-1). The motion carried by
a 6/0 vote.
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
CPA# 002-14
APPLICANT: Jason Galloway/Bill Hordan, Hordan Planning
Services
LOCATION: Vicinity of E. Viola Avenue
PARCEL NOs: 191330-41453, -41457, and -41458
The City of Yakima Planning Division staff provided a staff report to the Planning
Commission at the October 8, 2014 public hearing, with the recommendation of DENIAL
based on the staff's analysis of the subject proposal.
However, based upon a view of the site, the information contained in the application,
staff report, exhibits, testimony and other evidence presented at an open record public
hearing held on October 8, 2014; and a review of the Yakima Urban Area
Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning
Commission makes the following:
FINDINGS
The applicant requests a change the Future Land Use Map designation of three parcels
from Medium Density Residential to General Commercial and a concurrent rezone of
two parcels from Two -Family Residential (R-2) to General Commercial (GC).
The subject property is located in the vicinity of E. Viola Avenue. The property is near
the commercial corridor of S. Street and a few blocks south of the Fairgrounds. The
adjacent property to the west has been used as a fabricated structural metals facility.
And to support the demands of the local agriculture industry, the owner is looking to
expand their facilities. In an effort to infill, and stay at their current location, the owner
has acquired the subject property for expansion of the facility. The neighborhood is in
transition, adjacent to an existing commercial business that supports the local
agricultural industry and located near the commercial corridor of S. Street that supports
the local economy.
One of the three parcels is currently zoned General Commercial (GC), and therefore,
this proposal will bring the zoning designation into conformance with adjacent properties
west of the subject property.
All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are
presently available to the property.
The requested change in land use designation from Medium Density Residential to
General Commercial is consistent with the Yakima Urban Area Comprehensive Plan by
meeting many of the goals, objectives and policies of the Plan set forth in the General
Development, Public Services, Land Use, Transportation, and Utilities Elements of the
Comprehensive Plan.
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
This is a relatively minor request and does not appear to present any adverse
consequences for adjacent jurisdictions or service providers. Because of the small land
area involved, there are no regionally significant issues related to the request;
consequently, this request will not significantly contribute to the cumulative impacts of
other Comprehensive Plan amendments.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will allow for better compatibility and consistency with
adjacent properties, directs infill within the city limits, and it fulfills a public need for
additional commercial facilities to support the furtherance of local economic
development efforts.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
1 The amendment is minor in nature.
2. No adverse impacts have been identified by this amendment request.
3. No written comments or testimony were received in opposition to the proposed
action.
4. The property is currently served by all necessary public utilities need for future
industrial development.
5. Approval of this request will not affect the cumulative impacts of other
Comprehensive Plan applications.
6. Fulfills the need for infill development, and the continuation of the fabricated
structural metals facility and thus sustaining the local economy.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Medium Density Residential to General Commercial and the
rezone request from Two -Family Residential (R-2) to General Commercial (GC). The
motion carried by a 6/0 vote.
CPA # 003-14
APPLICANT: Sergio Badillo/Bill Hordan, Hordan Planning Services
LOCATION: 402 North Avenue
PARCEL NOs: 181324-12469
Based upon a view of the site, the information contained in the application, staff report,
exhibits, testimony and other evidence presented at an open record public hearing held
on October 8, 2014; and a review of the Yakima Urban Area Comprehensive Plan and
the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the
following:
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
FINDINGS
The applicant requests a change to the Future Land Use Map designation of one parcel
from High Density Residential to General Commercial and a concurrent rezone from
Multi -Family Residential (R-3) to General Commercial (GC).
The subject property is located on the northwest corner of N. Avenue and W. "D"
Street. The property is near the commercial corridor of N. Avenue. The adjacent
property to the west is zoned Historical Business District, and there are commercial
uses to the south and southeast. The subject property is in the transition area between
the Central Business District to the growing commercial area of East Fruitvale and North
Avenue.
The requested change in land use designation from High Density Residential to General
Commercial is consistent with the Yakima Urban Area Comprehensive Plan by meeting
many of the goals, objectives and policies of the Plan set forth in the General
Development, Public Services, Land Use, Transportation, and Utilities Elements of the
Comprehensive Plan.
This proposal will bring the zoning designation into conformance with adjacent
properties south of the subject property.
All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are
presently available to the property.
This is a relatively minor request and does not appear to present any adverse
consequences for adjacent jurisdictions or service providers. Because of the small land
area involved, there are no regionally significant issues related to the request;
consequently, this request will not significantly contribute to the cumulative impacts of
other Comprehensive Plan amendments.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will allow for better compatibility and consistency with
adjacent properties, directs infill within the city limits, and it fulfills a public need for
transition areas to connect regional commercial districts without causing negative
impacts on the residential neighborhoods.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
1. The amendment is minor in nature.
2. No adverse impacts have been identified by this amendment request.
3. No written comments or testimony were received in opposition to the proposed
action.
4. The property is currently served by all necessary public utilities need for future
industrial development.
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
5. Approval of this request will not affect the cumulative impacts of other
Comprehensive Plan applications.
6. Fulfills the need for infill development, and the connectivity of regional
commercial districts.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from High Density Residential to General Commercial and the
rezone request from Multi -Family Residential (R-3) to General Commercial (GC). The
motion carried by a 6/0 vote.
TXT# 003-14
APPLICANT: Restoration Church/ Kevin Deyette
PROPOSAL: Proposed text amendment for the addition of
Community Gardens as a new use in the Yakima
Municipal Code (YMC) Title 15, Urban Area Zoning
Ordinance.
Based upon a view of the site, the information contained in the application, staff report,
exhibits, testimony and other evidence presented at an open record public hearing held
on October 8, 2014; and a review of the Yakima Urban Area Comprehensive Plan and
the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the
following:
FINDINGS
The applicant requests to add "Community Gardens" to the Yakima Municipal Code,
Title 15 Urban Area Zoning Ordinance. Specifically, adding provisions for Community
Gardens in YMC § 15.02 Definitions, YMC § 15.04 Permitted Land Uses—Table 4-1,
and located in the following zoning districts: SR, R-1, R-2, R-3, B-1, B-2, SCC, CBD,
GC, RD, and M-1.
The requested change is consistent with the Yakima Urban Area Comprehensive Plan
by meeting many of the goals, objectives and policies of the Plan set forth in the
General Development, Public Services, Land Use, Transportation, and Utilities
Elements of the Comprehensive Plan.
This is a relatively minor request and does not appear to present any adverse
consequences for adjacent jurisdictions or service providers. There are no regionally
significant issues known related to the request; consequently, this request will not
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
significantly contribute to the cumulative impacts of other Comprehensive Plan
amendments, and/or zoning amendments.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will be beneficial to the community, by providing green
space to office complexes, and high density residential areas, and access to healthy
food options within walking distance.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
a) The text amendment is minor in nature.
b) No adverse impacts have been identified by the approval of the amendment
request.
c) The requested text amendment to the City of Yakima's Urban Area Zoning
Ordinance is supported by the City of Yakima's Urban Area Comprehensive
Plan 2025.
d) The amendment to Table 4-1, Permitted Land Uses will add Community
Gardens, and sub types as land use categories.
e) The amendment to Table 4-1 is envisioned to provide the following:
o An important community resource throughout the City of Yakima,
which will improve access to healthy food, enhance food literacy, build
social connections, and offer recreation, education and economic
development opportunities.
o Community Gardens are intended for personal, community, and
noncommercial use. Commercial activities potentially add layers of
oversight, liability, and regulations that are outside of the scope of the
intended use.
o Community Gardens can be beneficial to high density urban
neighborhoods where there is a lack of green space, or personal
garden space, and provides access to healthy food options within
walking distance.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the text
amendment request for the addition of Community Gardens as a new use in the Yakima
Municipal Code (YMC) Title 15, Urban Area Zoning Ordinance. The motion carried by a
6/0 vote.
Having made the above Findings of Fact and Conclusions, the Planning Commission
hereby renders its
RECOMMENDATION TO CITY COUNCIL
The Planning Commission of the City of Yakima, having received and considered all
evidence and testimony presented at public hearing, and having received and reviewed
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
the record herein, hereby recommends that the City Council of the City of Yakima
APPROVE the three Comprehensive Plan Amendments and concurrent rezones and
the one text amendment application.
RECOMMENDED this 22nd day of October, 2014.
By: SIGNATURE ON FILE
Dave Fonfara, Chairman
Yakima Planning Commission
2014 Yakima Planning Commission
Comprehensive Plan Amendment
Findings and Recommendations
EXHIBIT "B"
LEGAL DESCRIPTIONS
CPA#001-14
PLYMOUTH RANCH, LLC
18131233001 AND 18131233002
SITUATED IN YAKIMA, COUNTY, WASHINGTON
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 12,
TOWNSHIP 13 NORTH, RANGE 18, E.W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4; THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION A
DISTANCE OF 883.7 FEET; MORE OR LESS, TO THE EASTERLY LINE OF A TRACT OF
LAND CONVEYED TO ISABEL R. WERT, BY DEED RECORDED SEPTEMBER 26, 1940 IN
VOLUME 352 OF DEEDS, UNDER AUDITOR'S FILE NO. 916268, RECORDS OF YAKIMA
COUNTY, WASHINGTON; THENCE NORTH 1°25' EAST TO THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE EAST TO THE
NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT
OF BEGINNING.
EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF
WAY LINE OF STATE HIGHWAY SR -12 CONVEYED BY AUDITOR'S FILE NO. 2205573,
RECORDS OF YAKIMA COUNTY, WASHINGTON; ALSO THAT PORTION OF VACATED
SUMMERSIDE ORCHARD TRACTS RECORDED IN VOLUME A OF PLATS, PAGE 28, LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., SAID
POINT BEING 27.00 FEET EAST OF THE WEST LINE OF SAID SUBDIVISION MEASURED
PERPENDICULAR THERETO; THENCE NORTH 00°03'17" EAST PARALLEL WITH SAID
WEST LINE 2647.37 FEET; TO THE NORTH LINE OF THE VACATED PLAT OF
SUMMERSIDE ORCHARD TRACTS AND TERMINUS OF SAID LINE.
PLYMOUTH RANCH, LLC RZ #001-14
18131322001
SITUATED IN YAKIMA, COUNTY, WASHINGTON
THE NORTH 227 FEET OF THE EAST 883.7 FEET OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.,
EXCEPT ANY PORTION LYING WITHIN THAT PARCEL DESCRIBED PER AUDITOR'S FILE
NO. 2487880, RECORDS OF YAKIMA COUNTY, WASHINGTON.
TOGETHER WITH THE EAST 33.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13, MEASURED PERPENDICULAR TO THE
EASTERLY LINE THEREOF;
EXCEPT THE NORTH 227 FEET THEREOF
AND TOGETHER WITH THE WEST 27.00 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13, MEASURED PERPENDICULAR TO THE
WESTERLY LINE THEREOF;
EXCEPT RIGHT-OF-WAY FOR RIVER ROAD ON THE SOUTH LINE THEREOF
AND EXCEPT THAT PORTION CONVEYED TO CITY OF YAKIMA BY STATUTORY
WARRENTY DEED RECORDED JANUARY 18, 2013, UNDER AUDITOR'S FILE NO. 7789825.
CPA#002-14
JASON GALLOWAY
19133041453
LOT 15, THE PLAT OF TENNANT AND MILES FAIRVIEW ACRE TRACTS RECORDED IN
BOOK "B" OF PLATS, PAGE 27, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT
THE SOUTH 10 FEET FOR ROAD RIGHT-OF-WAY.
JASON GALLOWAY
19133041457
LOT 16, THE PLAT OF TENNANT AND MILES FAIRVIEW ACRE TRACTS RECORDED IN
BOOK "B" OF PLATS, PAGE 27, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT
THE WEST 66 FEET OF THE SOUTH 183.25 FEET, AND EXCEPT THE SOUTH 10 FEET FOR
ROAD RIGHT-OF-WAY.
JASON GALLOWAY
19133041458
THE WEST 66 FEET OF SOUTH 183.25 FEET OF LOT 16 OF THE PLAT OF TENNANT AND
MILES FAIRVIEW ACRE TRACTS RECORDED IN BOOK "B" OF PLATS, PAGE 27, RECORDS
OF YAKIMA COUNTY, WASHINGTON, EXCEPT THE SOUTH 10 FEET FOR ROAD RIGHT-
OF-WAY.
CPA#003-14
SERGIO BADILLO
18132412469
LOT 1 & FRACTIONAL LOT 2, BLOCK 286, SYNDICATE SUBDIVISION TO NORTH
YAKIMA, WASHINGTON TERRITORY, NOW YAKIMA, WASHINGTON, AS RECORDED IN
VOLUME "A" OF PLATS, PAGE 25; & FRACTIONAL LOT 2, BLOCK 286, CHARLTON
ADDITION TO NORTH YAKIMA, NOW YAKIMA, AS RECORDED IN VOLUME "B" OF
PLATS, PAGE 102, RECORDS OF YAKIMA COUNTY, WASHINGTON.
SITUATED IN YAKIMA COUNTY, STATE OF WA.
AN ORDINANCE
ORDINANCE NO. 2014 -
relating to the regulation of Community Gardens and establishing
land use and development standards in several sections of the
Yakima Municipal Code (YMC) Title 15 Urban Area Zoning
Ordinance:
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and
development in the City of Yakima; and
WHEREAS, On May 14, 2014 the Planning Commission of the City of Yakima docketed
the proposed 2014 Comprehensive Plan map amendments (CPAs) and proposed Yakima
Urban Area Zoning Ordinance (UAZO) text amendments; and
WHEREAS, one UAZO text amendment for the inclusion of Community Gardens to
YMC Title 15 and Table 4-1, Table of Permitted Land Uses; and
WHEREAS, the City Planning Division staff conducted four study sessions with the
Planning Commission and one study session with the City Council's Built Environment
Committee regarding the proposed UAZO text amendment, including but not limited to, May 28,
2014, June 11, 2014, June 19, 2014, June 25, 2014, and July 9, 2014; and
WHEREAS, the Planning Commission held an open record public hearing on October 8,
2014, pursuant to notice, and received and considered all evidence and testimony presented;
and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve the text amendment as presented
(or with the following changes); and
WHEREAS, the City Council, having received the findings, conclusions and
recommendation of the Planning Commission, together with the record herein, and having
received and considered all evidence, testimony and comment presented at a public hearing
conducted November 18, 2014, pursuant to notice duly published, hereby finds and concludes:
(a) The Findings of Fact, Conclusions of Law and Recommendation of the Planning
Commission, dated October 22, 2014, are hereby received and adopted by this
reference as the Findings of Fact and Conclusions of Law of the City Council;
(b) All procedural provisions of the Yakima Municipal Code pertaining to amendment
of YMC Title 15 have been met and satisfied; and
WHEREAS, the City Council finds and determines that such Chapter 15.04 YMC
should be amended to add new provisions regulating Community Gardens within the City of
Yakima; and
1
WHEREAS, the City Council finds and determines that YMC 15.04 should be amended
as shown and set forth herein, hereto and by this reference incorporated herein, and that Table
4-1 set forth in YMC 15.04.030 should be amended by this reference incorporated herein; and
that such amendments are in the best interest of residents of 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. Section 15.02 Definitions of the City of Yakima Municipal Code is hereby
amended to add a definition for community gardens which shall read as follows:
"Community Garden" means:
• Privately or publicly owned land that is used by multiple users who may or
may not have ownership of the property;
• May be divided into separate plots, for the cultivation of fruits, vegetables,
plants, flowers, or herbs;
• Common areas associated with the garden are maintained by group
members;
• The produce or goods grown on site are not for commercial sale;
• A community garden is different than a "collective garden" that is used for
the growing of marijuana plants; and no marijuana shall be grown on a
community garden plot;
• A community garden is separate from the use of "Agriculture*" as defined
and regulated under YMC § 15.02 and 15.04.030, Table 4-1, and is
different than a privately maintained garden that is associated with a
principal use and regulated in accordance with YMC § 15.04.060 (A); and
• Structures and buildings associated with a community garden are
considered "Accessory Uses" to a principal use, and shall comply with the
provisions of YMC Title 15, and the International Fire and Building Codes.
Section 2. Section 15.04 Table 4-1, Permitted Land Uses, of the City of Yakima
Municipal Code is hereby amended to add the following land use categories and levels of
review under the category of Community Services:
2
Community Services
Zoning District
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
A
GC
CB
R
M-
M-
S
D
D
1
2
Community Gardens* (If
accessory to an approved
principal use). (See YMC §
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
15.04.060 (G))
2
Community Gardens* (with
planting area of .25 acres or
less).
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens* (with
planting area of more than
.25 acres and up to .5 acres).
2
2
2
2
2
2
2
2
2
1
2
2
Community Gardens* (with
planting area of more than .5
acres up to 1 acre).
2
2
2
2
2
2
2
2
2
2
2
2
Section 3. Section 15.04.060 Accessory uses of the City of Yakima Municipal Code is
hereby amended to read as follows:
G. Community Gardens. Community Gardens (accessory to an approved principal use)
are considered an accessory use to a principal use in all zoning districts, provided, the garden is
clearly secondary to, supportive of, and compatible with, the principal use with regard to size
and use. The land use classification and review requirements of an accessory Community
Garden shall follow the Type (1) Review requirements of YMC 15.13, and shall otherwise
comply with all other provisions of the Yakima Municipal Code, and International Fire and
Building Codes.
Section 4. Section 15.09.120 Community Garden Development Standards of the City of
Yakima Municipal Code is hereby established to read as follows:
15.09.120 Community Garden Development Standards
A. Purpose. The purpose of this section is to establish minimal development standards
for community gardens which allow private groups or neighborhoods to use privately or
publicly owned lands to establish a garden for the cultivation of fruits, vegetables, plants,
flowers, or herbs that is maintained by the group members who may or may not have
ownership in the subject property. These standards are intended to assure that the
established community gardens are compatible with adjoining land uses, the character
of the district in which they are located, and will not otherwise have any un -mitigated
negative environmental impacts.
B. Review Process. Community Gardens shall follow either the Type (1) or Type (2)
Review processes as specified by YMC § 15.13, 15.14, and 15.04 Table 4-1 Permitted
Land Uses.
C. Additional Type (1) & (2) Review submittal requirements for Community
Gardens. Applications for Community Gardens shall include, but is not limited to, a
"Memorandum of Understanding (MOU)" or "agreement" between the City and Applicant,
which includes the following elements:
1. Right of Operating/Use Agreement, between the property owner and sponsoring
organization, which includes: term of use, location and size of planting area(s), and
3
supporting uses and/or structures. These items shall be shown on a site plan that
meets the requirements of the Site Plan Checklist, specified in YMC § 15.11.
a. The term of the above required right of operating/use agreement shall be a
minimum of one year; however none of the implementing regulations which
govern Community Gardens shall prevent an applicant from submitting an
agreement with a term that extends beyond this minimum requirement.
2. Sponsoring organization name, contact information, etc.;
3. Rules established for the prohibition of selling goods and produce grown on-site: i.e.
produce grown on-site may not be sold;
4. Rules established for the use of herbicides, pesticides, and chemical fertilizers
should be contained on-site, and used in accordance with label instructions and
generally accepted horticultural practices;
5. Maintenance procedures and regulations established for the control of weeds,
garbage, standing water, odors associated with composting, the identification of how
garden waste will be dealt with (on-site composting or hauled away), and the
proposed winterization of the garden;
6. Water/irrigation: indication of method of providing water (i.e. certificate of availability),
and indication of water run-off prevention;
7. Rules established for the use of equipment/tools, sheds (storage of hazardous
materials i.e. fertilizers), and other structures;
8. Hours of operation which conform to the provisions of YMC § 6.04.180(E) in terms of
hours of operation, and intensity of noise.
D. Required Parking.
1. Total Number of Required Parking Spaces: The total number of required parking
space for each type of Community Garden shall be as follows:
a) Community Gardens (accessory to an approved principal use) — None (0)
b) Community Gardens (with planting area of .25 acres or less) — None (0)
c) Community Gardens (with planting area of more than .25 acres and up to .5
acres) - Two (2) spaces
d) Community Gardens (with planting area of more than .5 acres up to one acre)
- Four (4) spaces
2. Surfacing: Required parking for Community Gardens shall consist of an unpaved
surface of compacted gravel.
3. Dimensions: The area of each parking space shall be no smaller than 9 feet x 19
feet.
4. Shared Parking: Community Gardens may share parking with a nearby
use/business in accordance with YMC § 15.06.050.
5. Administrative Adjustment of Parking Authorized. Contrary to the provisions of
YMC 15.10, the total number of parking spaces for Community Gardens may be
Administratively Adjusted under the provisions of YMC § 15.10, as the parking
standards for Community Gardens are codified under both the provisions of YMC
§ 15.08 and 15.09.
E. Accessory Structures. Accessory Structures for Community Gardens are
permitted as an accessory use to a Community Garden or as otherwise permitted under
the provisions of YMC § 15.04.060, and as described below:
a) Community Gardens (accessory to an approved principal use):
a. Accessory structures 120 sq. ft. or less are permitted in accordance
with YMC § 15.05.020 (E) (2).
b) Community Gardens (with planting area of .25 acres up to one acre):
a. Accessory structures 120 sq. ft. or less are permitted in accordance
with YMC § 15.05.020 (E) (2); and
b. Accessory structures larger than 120 sq. ft. are permitted in
accordance with YMC § 15.05.020 (E) (1) and building permit
issuance.
Section 5. Section 15.06 Table 6-1. Table of Off -Street Parking Standards of the City of
Yakima Municipal Code is hereby amended to incorporate parking standards for Community
Gardens under the Land Use Category of Community Services as identified below:
COMMUNITY SERVICES
Churches, synagogues, temples, and
funeral homes
1 space for each 3 fixed seats (or 54" of bench -type
seating)
1 space for each 40 sq. ft. of general reception/gathering
area
Community Gardens* (accessory to an
approved principal use). (See YMC §
15.04.060 (G))
None
Community Gardens* (with planting area
of .25 acres or less).
None
Community Gardens* (with planting area
of more than e25 acres and up to .5
acres).
Two (2) spaces
Community Gardens* (with planting area
of more than .5 acres up to one acre).
Four (4) spaces
Convalescent, nursing and group homes
1 space for each 2 beds
Fire and police stations
1 space for each 200 sq. ft. of gross floor area
Halfway houses (detention centers)
1 space for each 2 beds
5
Hospitals
1.5 spaces for each bed
Schools:
Primary, Elementary
Junior, Senior
3 spaces for each classroom, or 1 space for each 3
seats (54" bench -type seating) in the assembly area,
whichever is greater
Same as Primary/Elementary and 1 space for each 4
students over 16 years old
Junior or community colleges
1 space for each 400 sq. ft. of gross floor area
Juvenile detention centers
1.5 spaces for each bed
Libraries
1 space for each 100 sq. ft. of gross floor area
Museums, art galleries
1 space for each 100 sq. ft. of gross floor area
Preschools, daycare centers
1 space for each employee plus 1 space for each 6
children
Vocational and business schools
1 space for each 400 sq. ft. of gross floor area
Section 6. The City Clerk is hereby authorized and directed to file a certified copy of
this ordinance with the Yakima County Auditor.
Section 7. Severability: 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 8. 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 day of November, 2014.
ATTEST:
City Clerk
Publication Date:
6
Micah Cawley, Mayor
Effective Date:
AN ORDINANCE
ORDINANCE NO. 2014 -
concerning land use regulation and planning and rezoning three parcels
of property located in the vicinity of Highway 12 and North 16th Avenue
from Large Convenience Center (LCC) to Light Industrial (M-1) as more
fully described herein, and approving the recommendation of the Planning
Commission for the City of Yakima regarding the same; Plymouth Ranch,
LLC, applicant herein.
WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a
Determination of Nonsignificance for each rezone request in accordance with WAC 197-11-355,
as required under the State Environmental Policy Act; and
WHEREAS, the Planning Commission for the City of Yakima issued a recommendation
on October 22, 2014, (the "recommendation"), recommending that the City approve the
rezoning of three certain parcels of property as more fully described herein; and
WHEREAS, the City Council finds that the findings of the Planning Commission set forth
in the recommendation in response to the requirements of Yakima Municipal Code ("YMC") §
15.23.030(D) are correct and appropriate, and that the same should be adopted by the City
Council as its findings herein; and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The following parcels of property located in the vicinity of Highway 12 and
North 16th Avenue shall be, and the same hereby are, rezoned from Large Convenience Center
(LCC) to Light Industrial (M-1): 181312-33001, -33002 and 181313-22001. Attached hereto
and incorporated herein as Exhibit "A" are legal descriptions of said property.
Section 2. The findings of the Planning Commission's recommendation in this matter
dated October 22, 2014, are hereby adopted by the City Council as its findings in support hereof
pursuant to YMC § 15.23.030(E), and are incorporated herein by this reference as if fully set
forth herein.
Section 3. Any and all zoning, land use, and other similar maps maintained by the
City of Yakima shall be amended or modified to reflect this rezone. The City Clerk is hereby
authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor.
Page 1 of 3
Section 4. Severability: 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. 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 at a regular meeting and signed and approved this
day of November, 2014.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
Page 2 of 3
EXHIBIT A
PLYMOUTH RANCH, LLC RZ #001-14
18131233001 AND 18131233002
SITUATED IN YAKIMA, COUNTY, WASHINGTON
THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 12,
TOWNSHIP 13 NORTH, RANGE 18, E.W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4; THENCE WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION A
DISTANCE OF 883.7 FEET; MORE OR LESS, TO THE EASTERLY LINE OF A TRACT OF
LAND CONVEYED TO ISABEL R. WERT, BY DEED RECORDED SEPTEMBER 26, 1940 IN
VOLUME 352 OF DEEDS, UNDER AUDITOR'S FILE NO. 916268, RECORDS OF YAKIMA
COUNTY, WASHINGTON; THENCE NORTH 1°25' EAST TO THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 12; THENCE EAST TO THE
NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 TO THE POINT
OF BEGINNING.
EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT OF
WAY LINE OF STATE HIGHWAY SR -12 CONVEYED BY AUDITOR'S FILE NO. 2205573,
RECORDS OF YAKIMA COUNTY, WASHINGTON; ALSO THAT PORTION OF VACATED
SUMMERSIDE ORCHARD TRACTS RECORDED IN VOLUME A OF PLATS, PAGE 28, LYING
WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., SAID
POINT BEING 27.00 FEET EAST OF THE WEST LINE OF SAID SUBDIVISION MEASURED
PERPENDICULAR THERETO; THENCE NORTH 00°03'17" EAST PARALLEL WITH SAID
WEST LINE 2647.37 FEET; TO THE NORTH LINE OF THE VACATED PLAT OF
SUMMERSIDE ORCHARD TRACTS AND TERMINUS OF SAID LINE.
PLYMOUTH RANCH, LLC RZ #001-14
18131322001
SITUATED IN YAKIMA, COUNTY, WASHINGTON
THE NORTH 227 FEET OF THE EAST 883.7 FEET OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.,
EXCEPT ANY PORTION LYING WITHIN THAT PARCEL DESCRIBED PER AUDITOR'S FILE
NO. 2487880, RECORDS OF YAKIMA COUNTY, WASHINGTON.
TOGETHER WITH THE EAST 33.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13, MEASURED PERPENDICULAR TO THE
EASTERLY LINE THEREOF;
EXCEPT THE NORTH 227 FEET THEREOF
AND TOGETHER WITH THE WEST 27.00 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13, MEASURED PERPENDICULAR TO THE
WESTERLY LINE THEREOF;
EXCEPT RIGHT-OF-WAY FOR RIVER ROAD ON THE SOUTH LINE THEREOF
AND EXCEPT THAT PORTION CONVEYED TO CITY OF YAKIMA BY STATUTORY
WARRENTY DEED RECORDED JANUARY 18, 2013, UNDER AUDITOR'S FILE NO.
7789825.
Page 3 of 3
AN ORDINANCE
ORDINANCE NO. 2014 -
concerning land use regulation and planning and rezoning three parcels
of property located off of East Viola Avenue, Two -Family Residential (R-
2) to General Commercial (GC) as more fully described herein, and
approving the recommendation of the Planning Commission for the City
of Yakima regarding the same; Jason Galloway, applicant herein.
WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a
Determination of Nonsignificance for each rezone request in accordance with WAC 197-11-55,
as required under the State Environmental Policy Act; and
WHEREAS, the Planning Commission for the City of Yakima issued a recommendation
on October 22, 2014, (the "recommendation"), recommending that the City approve the
rezoning of three certain parcels of property as more fully described herein; and
WHEREAS, the City Council finds that the findings of the Planning Commission set forth
in the recommendation in response to the requirements of Yakima Municipal Code ("YMC") §
15.23.030(D) are correct and appropriate, and that the same should be adopted by the City
Council as its findings herein; and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The following parcels of property located in the vicinity East Viola Avenue
shall be, and the same hereby are, rezoned from Two -Family Residential (R-2) to General
Commercial (GC): 191330-41453, -41457 and -41458. Attached hereto and incorporated
herein as Exhibit "A" are legal descriptions of said property.
Section 2. The findings of the Planning Commission's recommendation in this matter
dated October 22, 2014, are hereby adopted by the City Council as its findings in support hereof
pursuant to YMC § 15.23.030(E), and are incorporated herein by this reference as if fully set
forth herein.
Section 3. Any and all zoning, land use, and other similar maps maintained by the
City of Yakima shall be amended or modified to reflect this rezone. The City Clerk is hereby
authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor.
Page 1 of 3
Section 4. Severability: 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. 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 at a regular meeting and signed and approved this
day of November, 2014.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
Page 2 of 3
EXHIBIT A
JASON GALLOWAY, RZ #002-14
19133041453
LOT 15, THE PLAT OF TENNANT AND MILES FAIRVIEW ACRE TRACTS RECORDED IN
BOOK "B" OF PLATS, PAGE 27, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT
THE SOUTH 10 FEET FOR ROAD RIGHT-OF-WAY.
JASON GALLOWAY, RZ #002-14
19133041457
LOT 16, THE PLAT OF TENNANT AND MILES FAIRVIEW ACRE TRACTS RECORDED IN
BOOK "B" OF PLATS, PAGE 27, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT
THE WEST 66 FEET OF THE SOUTH 183.25 FEET, AND EXCEPT THE SOUTH 10 FEET
FOR ROAD RIGHT-OF-WAY.
JASON GALLOWAY, RZ #002-14
19133041458
THE WEST 66 FEET OF SOUTH 183.25 FEET OF LOT 16 OF THE PLAT OF TENNANT AND
MILES FAIRVIEW ACRE TRACTS RECORDED IN BOOK "B" OF PLATS, PAGE 27,
RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT THE SOUTH 10 FEET FOR
ROAD RIGHT-OF-WAY.
Page 3 of 3
AN ORDINANCE
ORDINANCE NO. 2014 -
concerning land use regulation and planning and rezoning one parcel of
property, located at 402 North 51h Avenue, from Multi -Family Residential
(R-3) to General Commercial (GC) as more fully described herein, and
approving the recommendation of the Planning Commission for the City
of Yakima regarding the same; Sergio Badillo, applicant herein.
WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a
Determination of Nonsignificance for each rezone request in accordance with WAC 197-11-355,
as required under the State Environmental Policy Act; and
WHEREAS, the Planning Commission for the City of Yakima issued a recommendation
on October 22, 2014, (the "recommendation"), recommending that the City approve the
rezoning of one parcel of property as more fully described herein; and
WHEREAS, the City Council finds that the findings of the Planning Commission set forth
in the recommendation in response to the requirements of Yakima Municipal Code ("YMC") §
15.23.030(D) are correct and appropriate, and that the same should be adopted by the City
Council as its findings herein; and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following; now therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The following parcel is located at 402 North 51h Avenue shall be, and the
same hereby are, rezoned from Multi -Family Residential (R-3) to General Commercial (GC):
18132412469. Attached hereto and incorporated herein as Exhibit "A" is the legal description
of said property.
Section 2. The findings of the Planning Commission's recommendation in this matter
dated October 22, 2014, are hereby adopted by the City Council as its findings in support hereof
pursuant to YMC § 15.23.030(E), and are incorporated herein by this reference as if fully set
forth herein.
Section 3. Any and all zoning, land use, and other similar maps maintained by the
City of Yakima shall be amended or modified to reflect this rezone. The City Clerk is hereby
authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor.
Page 1 of 3
Section 4. Severability: 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. 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 at a regular meeting and signed and approved this
day of November, 2014.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
Page 2 of 3
EXHIBIT A
SERGIO BADILLO, RZ #003-14
18132412469
LOT 1 & FRACTIONAL LOT 2, BLOCK 286, SYNDICATE SUBDIVISION TO NORTH YAKIMA,
WASHINGTON TERRITORY, NOW YAKIMA, WASHINGTON, AS RECORDED IN VOLUME
"A" OF PLATS, PAGE 25; & FRACTIONAL LOT 2, BLOCK 286, CHARLTON ADDITION TO
NORTH YAKIMA, NOW YAKIMA, AS RECORDED IN VOLUME "B" OF PLATS, PAGE 102,
RECORDS OF YAKIMA COUNTY, WASHINGTON.
SITUATED IN YAKIMA COUNTY, STATE OF WA.
Page 3 of 3