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Home My WebLink About02/11/2025 03.A. Land use basics, middle housing legislation, and Comprehensive Plan process r `y � ljlt '111 s-A. • r . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3.A. For Meeting of: February 11, 2025 ITEM TITLE: Land use basics, middle housing legislation, and Comprehensive Plan process SUBMITTED BY: Trevor Martin, Planning Manager SUMMARY EXPLANATION: Review Planning and Zoning within the City of Yakima; Discuss the middle housing bills that went through the State legislature over the past few years; discuss the Comprehensive Plan and what it is. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: None ATTACHMENTS: Presentation_Planning_and_Zoning_1 01_for Council 2 PLANNING AND ZONING DEFINITIONS Land Use:The government regulation of how real property is physically developed and used Zoning: Dividing up the landscape of the City into different zones. Zoning maps are used to divide the landscape. The most current maps can always be found at the City Planning Department. Development Regulations: Any regulation that controls use or development of real property including zoning. Subdivision: The process of taking land and carving it up into multiple lots, with City approval, as evidenced by a plat (a piece of paper that records the details and conditions of the subdivision). Rezone:To change the zoning district classification of particular lots or parcels of land. Development or Use:The activity or purpose for which the property (including structures) is designed including any site improvements and includes the construction or alteration to the land or any structures on the land. YMC Chapter 15.02 4 BRIEF HISTORY PRE WWII NewYorkTenement Housing Law ( 1901 ) First Planning Commission Hartford, Connecticut ( 1907) Plan of Chicago, First Comprehensive Metropolitan Plan ( 1909) Standard Zoning Enabling Act ( 1922) was a model law for U.S. states to enable zoning regulations in their jurisdictions. It was drafted by a committee of the Department of Commerce and first issued in I922.This act was one of the foundational developments in land use planning in the United States Euclid v.Ambler ( I 926) Supreme Court ruled that the village of Euclid did not infringe on the rights of Ambler Realty by establishing its zoning ordinance.The ruling more broadly affirmed the constitutionality of zoning and led to the growth of zoning ordinances across the United States. (Validated zoning as a regulatory police power) Standard Planning Enabling Act ( 1927) US Housing Act 1934 — Response to Great Depression and Created a Mortgage Lending System 5 BRIEF HISTORY POST WWII GI Bill Passes - The bill provided a variety of benefits to World War II veterans, including medical care, college tuition, unemployment benefits, and job counseling.Through the bill, veterans also had access to guaranteed loans to buy a home, farm, or business. Suburbanization, Levittown, and Redlining (pre and post VVVVII) First Urban Growth Boundary Established in Lexington, KY ( 1958) Creation of the Department of Housing and Urban Development (HUD 1965) National Historic Preservation Act ( 1966) Fair Housing Act ( 1968) Passage of the National Environmental Policy Act and Establishment of the Environmental Protection Agency ( 1970) Establishment of the Community Development Block Grant (CDBG) Program ( 1974) 6 PLANNING AND ZONING TODAY RCW 36.70, 35.63. 35A.63 Planning Enabling Act RCW 36.70A Growth Management RCW 36.70B Local Project Review RCW 36.70C Land Use Petition Act (LUPA) RCW 58. 17 Subdivision Act Planning is the technical and regulatory process focused around property design and land use. Zoning is a method used by cities to direct specific types of desired growth and growth patterns City of Yakima currently uses a Use Based Zoning, which is a form of zoning the directs a specific set of land uses within a zone. There are many other forms of zoning including: Mixed-Use, Form Based, Performance, Incentive, (Planned Unit Development, Overlay Zoning,Transferable Development Rights) *NOTTHE BUILDING CODE 7 PLANNING AND ZONING TODAY Planning is implemented through the Planning Commission and Planning Division Planning Staff: Research and present information in staff reports and consult with jurisdiction's legal counsel Make recommendations to Hearing Examiner, Planning Commission and/or City Council on legislative and quasi-judicial actions. Prepare draft plans, policies, and ordinances Handle required public notice of meetings, actions, and keep the record of the process Process administrative permitting applications Implement the adopted policies and development regulations on a day-to-day basis Provides technical assistance/guidance to the public for permits and land use applications Planning Commission (YMC I .42): Comprehensive Plan and Text Amendments Long Plats Policy and Regulation Review 8 OTHER REGULATIONS UNDER PLANNING Subdivisions (YMC Title 14) �' mm , -. Ip ;St. ,mmH 0.-r. I -� , State Environmental PolicyAct (SEPA) (YMC § 6.88) ' ' �o Y q ➢ e XI m Critical Area Review (CAO) (YMC § 15.27) CaTS iow ^ s �i �'� a._€.'g ga �7,..cf e - .III if Shoreline Review (YMC Title 17) :,_, .,w y�. ° m, ....am 'm 9+4 94 tt trq,9e§S ki.9y'i qa i* ti•-a ` wm.mm nan mwmm s •.. mm �mwr W, .n nn —..—•w moor u. �L�� .e ,mim[m Historic Preservation (YMC § 11 .62) I I fie, '' I j ' , o Hearing Examiner (YMC Title 1 .43) ;- .72 1 1 i 11 1 N.Il 1 II .1 *6 in .........., _ 0.„ .awe tem a w was. .. Y L - mu.. p m. mm^,. m. .. .amow�R I" PRICKLY PEAR HOLDINGCT r + inat - - - _\ -- �-- rw.wxo zn� > PARCEL NO.181204-13018&181204-13016 T 1p - It 1 GN OF YAKIMA,YAKIMA COUNTY,WASHINGTON y, _•:�� xsa wE °�'m°` w., PRELIMINARY PLAT OVERALL 4 • A OM Mt T AT,I a k Ili \►, HEARING EXAMINER Any decision made by the Planning Department on actions under Title 15 (such as review of zoning determinations or conditions) may be appealed to the Hearings Examiner. The appeal must be filed within 14 days of receipt of Planning's determination. Appeals must be in writing (there are forms provided by the City). A hearing is held and testimony is taken on the points outlined in the written appeal. The Hearing Examiner must provide a written decision within I 0 days after the hearing. The decision can affirm the Planning Department's determination or can modify the determination. Hearing Examiner decisions may be appealed to the City Council, in writing, within 14 days of the date of mailing of the Hearing Examiner's decision. 10 STATE ENVIRONMENTAL POLICY ACT ( SEPA) SEPA requires that before the City take certain actions it must consider the environmental impacts and may deny or condition the action based on documented impacts and adopted environmental policies. RCW 43.21 C. Only "Actions" must be evaluated under SEPA. There are a number of exemptions listed in WAC 197- I I -800 including minor construction or repair and utility-related actions. If SEPA is required, an environmental checklist is filled out and reviewed by the Planning Department as part of the overall application for development. That review results in a finding of probable significant adverse environmental impact; determination of non- significance (DNS); or a mitigated DNS. Public comment periods may be necessary after Planning's determination. 11 DUE PROCESS RCW 64.30 Property Rights — Damages From Governmental Action Owners of a property interest who have filed an application for a permit have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law. . . The prevailing party in an action brought pursuant to this chapter may be entitled to reasonable costs and attorneys fees The Planning Division ensures all applicants are afforded due process on land use applications. 12 MIDDLE HOUSING I10 - HB 1337 HB I I 10 Middle housing (also called "missing middle" housing) refers to those housing types between single-family residences and mid-rise, multi-family development. Middle housing types included in the new state law are duplexes up to sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. NEAR A MAJORR WITH AFFORDABLE TRANSIT STOP: HOUSING:Minimum Minimum number Minimum number of number of middle housing of middle housing middle housing units units that must be allowed units that must be that must be allowed per lot with affordable Table Header allowed per lot in per lot within'/mile housing in predominately predominately walking distance of residential zones where residential zones major transit stop in density in applicable zone predominately does not otherwise allow residential zones this number(See also E2SHB 1110,Sec.3(2)) TIER ONE:Cities 6 du/lot if at least 2 units with population of 4 du/lot, unless 6 du/lot,unless zoning are affordable,unless at least 75,000 zoning permits permits higher IVi R S C zoning permits higher E2SHB 1110,Sec. higher densities densities densities Empowering local governments 3(1)(b) 14 HB II10 Middle housing types: City zoning codes must allow at least six out of the nine of listed types of middle housing: Duplexes Triplexes Fourplexes Fiveplexes Sixplexes Townhouses Stacked flats Courtyard apartments Cottage housing M RS C Empowering local governments 15 __ z.'.'ram — - 11p _, -, rj 9i1_ — �' , d - _� 111 �_ 1 r,- an ] IIIl Il 4i' 1.133 - ] u 11 i 1�1111 ' i� ail 1 _ � _- - �. t ." ® — tra aim pIl 0ua Il ]11 <Ilk li _, j] ,l t,i. n n p i _.. 7 Z]' I --ate y' 11 i ' Il L n L11 - � ' � n � pnIl U u r gin- i`Il ]``! / � s_ M - :: li!'�`' n. � —fir err - i= ' ^ I l�] ]?ULl ]]t,1 '�� j _A_ Ilni�l�� I Lin_ 1 o�d � I lii _ .. ill l ° _ , _ , r•- ._.,,, r - -;..„--. _ i:7144 � �r ._....irtf-i mr.. kt c. s! 0 "1-1 '` 4 Ij� III Ik I1� \ s �■ ttw L,ln__ .._ ■��+� _ Live- Mid-Rise ' ,43 _-- � - !-k� Multiplex: Triplex: Work \ It ► , - ?` y CottageTownhouse Medium Stacked \ Fourplex: Courtyard Court ,� \ Duplex: Building — \ Side-By-Side + Stacked — g \ Stacked missing Middle H°usinJ �' - Detached Sin le Family Houses — — .... - - - Copyright«•20- 0PTICOS Opticos Descsrt Ir 16 H B I 3 3 7 Accessory Dwelling Units (ADUs) Two ADUs per lot must be allowed in all GMA urban growth areas. . . Local governments may not require ADUs to be smaller than 1 ,000 gross square feet in size. A local government may not impose standards more restrictive than those required for the principal unit. A local government may not require street improvements as a condition of permitting accessory dwelling units. May not require owner occupancy for a principal unit or ADUs. Local governments may not prohibit the sale or other conveyance of a condominium unit 17 UNIT LOT SUBDIVISION What is it? Unit lot subdivisions are a method of dividing a single parent parcel into individual "unit lots" that may be sold to individual owners. In a unit lot subdivision, the parent parcel must conform to zoning dimensional standards while individual "unit lots" do not.A unit lot subdivision could be utilized where multi-family or middle housing (e.g., duplex, triplex, townhomes, cottage housing) development is allowed, as well as where accessory dwelling units are developed on a lot with a single family residence. Unit lot subdivisions are not intended to permit land uses or densities that are not otherwise allowed in the zone in which a unit lot subdivision is proposed. 18 EXAMPLES The examples illustrate how setbacks apply to a parent lot and unit lots. 1 . Preserved single-family house with three attached units built in the back yard. ilParent Lot 2. A cottage cluster development with a shared open space. r5 3. A townhouse development with a shared driveway. i. Unit Lot �_ 4. A duplex with an accessory dwelling unit (ADU) on its own unit lot Owned in Common : : Parent Lot Setbacks Alley Alley • Driveway/Par--- . fp,,,,,,.king r T C E C � .,,„ Cottage - - , D � I;� Cottage g ADU x x x " 1 Unit Unit ; u w a a aAi 1 7, i 1 ' TownhouseUnfit D V 1 0 P 1 I Townhouse Unit Single-Fs mlly A duplex Unit j �Q �+ 1pp V Townhouse Unit 01 "" / — 1 Street V Street Street Street — 1 9 UNIT LOT SUBDIVISION / LOT SPLITITING All cities in Washington are required to create a Unit Lot Subdivision Process (SB5258) Cities with Unit Lot Subdivision already in place: Port Townsend; Poulsbo;Arlington; Tacoma; Bellevue; Lake Stevens; Lynnwood; Mountlake Terrace; Redmond; Renton; Snohomish; Spokane Many others working on codifying language to allow Unit Lot Subdivisions 20 OTHER CONSIDERATIONS Explore Additional Building Design Criteria g,. x °�t:- `' :°ems C ,t.-- ..•• "yr' Z4'; .,7,", '' �,prs'. ;� ^*, ' �-k 4�'f `*" +� %: ate:. i. 1,—*,:..,'„,‘,, -,,-1".f ,.:*', :',,, .4611i i:,.•'tt.,..t„,,,,t4,k,..,...;•,-qt. ;. ,,,,- ,„ � +e h - 6- -iitix4 14. f�9 I. r�1 I'9, iI a .. m , A f,LH .,. 1 1 1 .=—_ •_.— .11.- --; III 1 LEI 4rii 1 illi ,.,- .k " ' ' %. ——--— - , 'r, - -. • i ,, : ,_ ,.. _ _..„..., _ . sA _ , .0%. _ l'' r 't . .%41*-- _— E " - ^ ens 11---Alf_6t--,-.iil��o1 v "� ' gMl ,• b COMPREHENSIVE PLAN GROWTH MANAGEMENT ACT ( GMA) Comprehensive Plan Required under RCW 36.70A The GMA establishes the comprehensive plan as the centerpiece of local long-range planning, which contains a vision, goals, objectives, policies, and implementation actions that are intended to guide day-to-day decisions by elected officials and local government staff. Under the GMA, the state Office of Financial Management (OFM) develops population projections for the state and each county. Each "fully planning" county is then mandated to determine, in consultation with cities, where that growth should be directed to occur. 23 COMPREHENSIVE PLAN The Comprehensive Plan guidesYakima's physical development over the next 20 years. It describes community values, directs municipal activities and services, and provides a statement of policy aboutYakima's desire for growth and character It includes the City ofYakima and the exterior urban growth boundary, which is where the City may expand in the future, and evaluates how growth will affect services. All development regulations adopted by the City must be consistent with the Comp Plan. The Comp Plan must be adopted and amended by ordinance. Amendments may only be done once per year. Without a current or adopted Comprehensive Plan, Cities and Counties lose eligibility for state funding programs. 24 ELEMENTS Required Elements ofYakima's Comprehensive Plan Land Use: Land uses, stormwater planning, ground water, physical activity, wildfire Housing: Identifies the character of residential areas, inventories existing and projected housing needs and types, identifies sufficient land for all types of housing Capital Facilities: Inventory, assessment of current and future needs, coordination of planning affordability analysis of serving the land use plan Utilities: Inventory, assessment of current and future needs, coordination between providers and land development Transportation: Inventory, assessment of current and future needs, bicycle and pedestrian component Climate Resilience: Must enhance resiliency to and avoid the adverse impacts of climate change 25 NEW HOUSING ELEMENT REQUIREMENTS New GMA housing goal:"Plan for and accommodate housing affordable to all economic segments." Conduct an inventory and analysis of all housing needs by income Identify sufficient capacity of land for housing needs Include policies to support middle housing Make adequate provisions for all housing needs, including "document barriers to housing availability such as gaps in local funding, development regulations, etc." Address racially disparate impacts, displacement, exclusion and displacement risk in housing through policies and regulations 26 Required and Optional Elements The GMA requires comprehensive plans to include the following mandatory elements. It also allows cities and counties to add other elements in their comprehensive plan, including but not limited to the following optional elements. Mandatory Comp Plan Elements (RCW 36.70A.07 ) Optional Comp Plan Elements • Land Use • Economic Development*' • Housing • Parks and Recreation" • Capital Facilities Plan • Conservation (RCW 36.70A_080) • Utilities • Solar Energy(RCW 36.70A..080) • Rural Development(counties only) • Recreation (RON 36.70A.080) • Transportation • Subarea Plans (neighborhoods, rural villages. • Climate Change and Resiliency' urban growth areas, tribal areas, etc.) • Ports (mandatory for cities with annual • Ports (optional for cities with annual maritime maritime port revenues exceeding$60 port revenues of$20 million to $60 million, RCW 36.70A_085) million, RCW 36.70A.085) *The Climate Change and Resiliency element was added in 2023 as a mandatory element per RCVV 36.70A.070(9). • These elements are listed as mandatory in RCW 36_70A_070(7)and(8), but they are actually optional because funds have not been appropriated to help pay for preparing them.per RCW 36.70A.070(9)_ 27 ANNUAL AMENDMENT PROCESS Future Land Use Map Jurisdictions have the option to ' - , _, ' �� \ ! , °�'�' 1 I j 3 ' 1, 1 _'SpRN, MIA amend their comprehensive plans , '�,' - s I_ r- -�-t, TTTT- ,: more frequently, on an annual basis, - " `� x,I,Ik' ti '��a '..Vi�1.k at,, with some exceptions (RCW _ t, �- . -.IT . 1, 36.70A. 130(2)).This optionalrm.rf,, , ' .. amendment process allows cities and `�. counties to adopt a package of ? - changes to the comprehensive plan i d r �, and development regulations (in #' i ' ' ``.'1 ' - ` :L between the mandatory penodic y -.�=.�... .� 1° cie. ' 1t 11 �' 1 f J` ' i I I � f1It 1U Blvd IrcI. t thu date deadlines concurrent) soiri , the cumulative effect of the various. \ ,,� 11 B -- ._L_:: I �t--- 1 proposals can be ascertained. -, - � : , , r/ \;, tl 1 ‘, _ — F— / ' 'Ili I l t ,:� r i 2/3/2025 1:9,028 D 0_05 0.1 0.2 mi I Parcels Brown Commercial Mixed Use World Imagery High Resolution 30cm Imagery ! f • ' • • , ' i--J Future Land Use Regional Commercial Low Resolution 15m Imagery Citations 0 0.07 0.15 D.3 km 28 Low Density Residential City of Yakima GIS.City of Yakima.Yakima County.Maxar.Esri Community Industrial High Resolution 60cm Imagery 2.4m Resolution Metadata Maps Contributors.MU Faciities Services GIS,City of Yakima,WA State Mixed Residential ADOPTING THE COMPREHENSIVE PLAN Plan Adoption Process Public engagement — early and often Review by Planning Commission Complete SEPA environmental review 60-days notice to Commerce before adopting City or county council must adopt the comprehensive plan Transportation element to be certified by regional transportation organization Plan Updates and Appeals Can be amended only once per year Must be updated every 10 years Appealable within 60 days to a regional Growth Management Hearings Board 29 Me : mom , can we to the park to play? Mom : goplay o Outside : i I_ F .• C" +' a'wr � �`.. Sti -- � 1 _Jth ; vil ` am! _y } yam � — _f ^ ry�F+ J ' is • - itp, i}a+,4'+ ► .• +n ei,., „`44 Ai 46: . F x—^fir = v L .J+ 1 .1^ v . r .74. r .44 • 141 �� sue ' �r _ "*_ ��- —� - " • - - "$"'� 1 Distributed at Meeting: 02 -it-in); 5- Item# 3A HEARING EXAMINER Any decision made by the Planning Department on actions under Title 15 (such as review of zoning determinations or conditions) may be appealed to the Hearings Examiner. The appeal must be filed within 14 days of receipt of Planning's determination. Appeals must be in writing (there are forms provided by the City). A hearing is held and testimony is taken on the points outlined in the written appeal. The Hearing Examiner must provide a written decision within 10 days after the hearing. The decision can affirm the Planning Department's determination or can modify the determination. Hearing Examiner decisions may be appealed to Superior Court, within 21 days of the date of mailing of the Hearing Examiner's decision. 10