Loading...
HomeMy WebLinkAbout01-14-15 YPC PacketFORTHE COMMUNITY LSE OPME'NI'DEPt1R°IMENT RE:..DR1 f FT1.R jo n Davenport, AIC.P, Director 129 Afo th ectin i Shwet, 2nd i-loor Yakima, 5ii hq—tn 98901 Phone (509,) 575-6183 - :F Fax (5'' i'i) ' 71)'' '10'a City of Yakima Planning Commission PUBLIC MEETING City Hall Council Chambers Wednesday January 14, 2015 3:30 p.m. - 5:00 p.m. YPC Members: Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose, Paul Stelzer, Bill Cook, Patricia Byers, Ron Anderson Cit Plannin Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Robbie Aaron and Trevor Martin (Assistant Planners); and Rosalinda Ibarra (Administrative Assistant) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Election of Chairman and Vice -Chair for the Yakima Planning Commission V. Audience Participation VI. Draft Ordinance Amending the Zoning Ordinance YMC Ch. 15.02.020 Definitions, to add the definition of "Mission" use, and amending Table 4-1 of YMC 15.04.030 to add "Mission" use as a Class 2 use in the General Commercial (GC), Central Business District (CBD), and Light Industrial (M-1) zoning districts. VII. Continue Discussion on the Airport Safety Overlay (Additional information provided at the meeting) VIII. Other Business IX. Adjourn Next Meeting: January 28, 2015 SIGN -IN SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday January 14, 2015 Beginning at 3:30 p.m. Meeting Page 1 01/14/2015 YPC Meeting SII DEP 200 Smith Third Shrel Yaldma,Wshu ort 96901 (509 575-� Faoc (509)575.6160 December 23, 2014 TO: City of Yakima Planning Commission FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Proposed Amendment — Zoning Code — "Mission" Use A. Issue Presented — Elackg rouund. In 1992 and 1995, the Hearing Examiner issued two "interpretations" regarding the appropriate land use definition and designation associated with Union Gospel Mission activities and its desired move to its new location on North Street. The types of services provided by the Union Gospel Mission in one location included homeless shelter, food service and health care. This "mix" of services was not specifically defined in the Yakima Municipal Code. Under the City's Zoning Code, an unclassified use may be referred to the Hearing Examiner for an Interpretation (Chapter 15.22 YMC). The Union Gospel Mission's proposed new site was in the "CBDS Central Business District Support" zoning district' — and a portion of property zoned M-1 Light Industrial. The City of Yakima proposed that Union Gospel Mission's proposed mix of uses was a "community center" -type use. The Hearing Examiner looked at the definition of "community center" as well as "halfway house" — and determined that neither existing definition accurately described the mix of uses proposed by the Union Gospel Mission. Instead, the Hearing Examiner developed a new defined land use known as a "mission" use, which read: Mission means a facility typically owned or operated by a public agency or non-profit corporation, providing a variety of services for the disadvantaged, typically including but not limited to temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. The Hearing Examiner's Interpretation also ruled that a "Mission" use would be a Class (2) use within the GC General Business and CBD Central Business District zoning districts. In re: ' The "CBDS" zoning district was subsequently amended to be the "GC General Commercial" zoning district. Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 2 Union Gospel Mission, City No. UAZO-Interp. No. 1-92, Examiner No. 192-5-2 (Lamb, Feb. 27, 1992). In 1995, the Hearing Examiner further ruled that a "Mission" use would be allowed as a Class (2) use within the M-1 Light Industrial zoning district. In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995). No appeal of either Interpretation was made to the City Council. Under City of Yakima procedures, the Hearing Examiner's Interpretations were retained on file and became a precedent applicable to any future requests for similar uses. The attached proposed Ordinance simply amends YMC 15.04.020 in incorporate the Hearing Examiner's definition of "Mission," and amends Table 4-1 of YMC 15.04.030 (Health and Social Service Facilities component) to add "Mission" use as a Class (2) use in the GC, CBD and M-1 zoning districts. In short, the Ordinance simply incorporates the Hearing Examiner's 1992 and 1995 interpretations as part of the City's Zoning Code. The moratorium implemented when the City Council adopted Ordinance No. 2014-027 on October 2, 2014 prohibits submission of applications for, processing of, and issuance of land use approvals and permits for "mission" uses and analogous uses within the SCC Small Convenience Center district. The next section analyses the provisions of the SCC zoning district as it currently reads, and provides more detail regarding the previous Hearing Examiner Interpretations regarding "mission" uses. B. Discussion. 1. City of Yakimai. Zoning - Permifted Uses - SCC Zone. Zoning and land uses in the City of Yakima are governed by the provisions and procedures of Title 15 YMC and Chapter 35.63 RCW. Under the Zoning Code, the types of zoning districts (Chapter 15.03 YMC) and "permitted uses" within each zoning district (Chapter 15.04 YMC and Table 4-1) are set forth. "Permitted uses" are specifically listed for each zoning district in Table 4-1 (YMC 15.04.030) and are categorized as Class (1), Class (2) or Class (3) uses.2 If a particular use is not listed as a "permitted land use" in Table 4-1, it is not permitted in that zoning district. As stated in YMC 15.04.020(D): 2 "Class (1)" uses are outright permitted uses, such as a single-family house in the R-1, Single Family Residential District. "Class (2)" uses are uses that are "generally permitted" in the district, but may involve environmental effects that are incompatible with the surrounding neighborhood. Thus the Type 2 review process may include a public hearing on compatibility of the proposed use with the neighborhood. "Class (3)" uses generally are not permitted in a neighborhood, but may be allowed by a hearing examiner, after public hearing, if the hearing examiner finds that mitigations or conditions can be imposed to alleviate incompatible effects. Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 3 D. Uses Not Permitted. Any use listed in Table 4-1 and not classified as either a Class (1), (2), or (3) use in a particular district shall not be permitted in that district.... The "Health and Social Service Facility" Permitted Land Uses for the SCC, Small Convenience Center District, Table 4-1, contains the following: Table 4-1 Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 — ---- -------- - - . ............... - ---- - - - --------- - ------- HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), 1 1 1 1 1 1 1 1 Adult Family Home (*) Treatment Centers For Drug and Alcohol Rehabilitation Boarding House (*) 3 3 3 3 3 1 2 Halfway House (") 2 .3 3 Group Homes more than six „ 3 2 2 2 3 3 Convalescent and Nursing Homes (*) NOTES: * Refers to definition in YMC Chapter .02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted A review of Table 4-1 for the SCC, Small Convenience Center District, reveals that Group Homes, Adult Family Homes, Boarding Houses, Halfway Houses, and Convalescent and Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 4 Nursing Homes are not permitted in the SCC District. The only type of permitted use would be "Treatment Centers for Drug and Alcohol Rehabilitation" - and that only with a Type 3 Review (as a Class 3 use).' 3 The YMC 15.02.020 definitions for the uses listed in Table 4-1 above for the SCC district are as follows; "Adult Family Home" means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.175). "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. "Convalescent or nursing home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals. "Group home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition includes homes of this nature for six or fewer persons, excluding house parents, which are protected by state or federal law as residential uses. Halfway House. A "halfway house" shall include residentially oriented facilities that provide; 1. State -licensed group care homes for juvenile delinquents; 2. Houses providing residence in lieu of instructional sentencing; 3. Houses providing residence to individuals needing correctional institutionalization; or 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See "Clean and sober facility.") "Clean and sober facility' is currently defined at YMC 15.02.020 as follows: "Clean and sober facility" means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and/or drug users, during their re-entry into the community. The clean and sober facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see "Halfway house.") "Treatment Centers for Drug and Alcohol Rehabilitation" is not defined in YMC 15.02.020, Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 5 "Homeless shelter," "homeless service facility" and/or "homeless residential facility" are not listed as permitted uses anywhere in Table 4-1. However, previous Interpretations by the City of Yakima Hearing Examiner have identified a "Mission" use which would be a Class 2 use in the Central Business District (CBD), the General Commercial District (GC) and the Light Industrial District (M-1). The definition of "Mission" use as developed by the hearing examiner states as follows: Mission means a facility typically owned or operated by a public agency or non-profit corporation, providing a variety of services for the disadvantaged, typically including but not limited to temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. In re: Union Gospel Mission, City No. UAZO-Interp. No. 1-92, Examiner No. 192-5-2 (Lamb, Feb. 27, 1992), at page 1; In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995)(copies attached). The hearing examiner had been asked to render an Interpretation pursuant to Chapter 15.22 YMC because the services to be provided by the Union Gospel Mission, including services to the homeless, were not specifically listed in Table 4-1 and were thus "unclassified uses." If a proposed use is an "unclassified use," YMC 15.04.040 provides: 15.04.040 Unclassified uses. Any use not listed in Table 4-1 is an unclassified use and shall be permitted only in those districts so designated by the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class (2) or (3) use. The hearing examiner shall follow the provisions of YMC Chapter 15.22 when determining which zoning districts are appropriate for a particular unclassified use. The hearing examiner is given authority to determine the appropriate zoning district for a particular "unclassified use" pursuant to Chapter 15.22 YMC, which provides in pertinent part: 15.22.010 Purpose. The purpose of this chapter is to define the responsibilities, rules and procedures for clarifying the text of this title, the zoning map that it incorporates, and the rules and regulations adopted pursuant to it. 15.22.040 Notice of examiner's decision. A. The hearing examiner shall mail a written copy of his interpretation to the applicant, the Yakima County planning department, the city of Yakima department of community and economic Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 6 development, and their respective administrative officials. Such notice shall be provided within thirty days from the date of his receipt of an application for interpretation or such longer period of time as may be agreed to by the applicant. B. The hearing examiner shall clearly state the analysis and reasons upon which any interpretation is based and, if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions established in YMC 15.22.050. C. The department shall keep a copy of each interpretation on file and shall make a copy available for public inspection during regular business hours. 15.22.050 Use interpretations. The following conditions shall govern the hearing examiner in issuing use interpretations (see YMC 15.04.040): A. No use interpretation shall vary the location or review requirements of any use listed in Table 4-1 or home occupation listed in Table 4-2. B. No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district. 15.22.070 Appeals. The hearing examiner's decision on an interpretation may be appealed under YMC Chapter 15.16 [Appeal to the City Council]. The 1992 Interpretation ruled that a "mission" was an allowable Class 2 use in the Central Business District (CBD) and the Central Business District Support (CBDS) zoning districts. The definition of the CBD and the CBDS at the time was as follows: Central Business District CBD . The purpose of the central business district is to preserve the central business district of the City of Yakima as the region's center of commerce, industry, recreation, and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional buildings, and government offices. CBD Sul2port District (CBDS). The purpose of the CBD support district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near the central business district and along the major arterials leading to the central business district. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. Sections 15.03.030(10), (11) YMC, as amended through October 1, 1993.4 Because it was later revealed that the Union Gospel Mission site on North Street also included property zoned 4 The definition of the CBD as set forth above was quoted by the hearing examiner in his 1992 Interpretation, and the provisions of the CBDS definitions summarized. Current provisions of the Yakima Municipal Code contain amended provisions — and the CBDS has been amended to become the General Commercial District (GC). The current definitions are set forth in YMC 15.03.020(L) and (K) as follows: Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 7 M-1 Light Industrial, the "Mission" use was also extended as a Class 2 use in the M-1 zone, subject to specific conditions dealing with the Union Gospel Mission property and operations. In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995). 3. Applying the "Mission" Definition to the SCC Zone. Neither of Hearing Examiner Lamb's Interpretations extended the "Mission" use to the SCC zoning district. The Small Convenience Center District (SCC) was included in the version of the Yakima Municipal Code existing when the hearing examiner rendered his 1992 and 1995 Interpretations regarding the Union Gospel Mission. YMC 15.03.030(8) provided: 8. Small Convenience Center District SCC . The purpose and intent of the small convenience center district is to: Provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community; and b. Accommodate small commercial centers, generally three to ten acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot. Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize the undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being a supermarket and drug store. L. Central Business District (CBD). The purpose of the central business district is to preserve the sines district of the city of Yakima as the region's center of commerce, finance, government, industry, recreation, and culture. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional buildings, and government offices. K. General Commercial District (GC). The purpose of the general commercial district is to accommodate wholesale and retail activities with some high-density residential development. This district is primarily located near and along the major arterials as designated in the Yakima urban area c m r hen ive plan. Like the CBD district, a variety of land uses are permitted. However, the intensity of development is intended to be less than in the CBD district. (Differences from prior language underlined.) Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 8 In the current code, Small Convenience Center District ("SCC" or "SCC District") is defined at YMC 15.03.020(H) as follows: H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one maior commercial approach drivewa Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. (Differences underlined.) It should be noted that the hearing examiner in 1992 and 1995 did not consider whether a "Mission" use should be extended to the SCC zoning district - primarily because the Union Gospel Mission was seeking an Interpretation dealing with its chosen site on North Street, which was zoned CBDS and M-1. However, the hearing examiner ruled that a "Mission" use was an appropriate Class 2 use in the CBD zoning district, and conceivably his determination could be construed as an indication that the Mission use should be limited to the CBD, GC and M-1 zones.5 Nevertheless, the 1992 Interpretation establishes a working definition of the "Mission" use which is applicable to analysis of whether such use is appropriate in other zoning districts, including the SCC zoning district. As the hearing examiner noted when describing the history of Union Gospel Mission activities, the City of Yakima (and Yakima County) had previously characterized the mission's activities as a "community center." "Community center" is defined at YMC 15.02.020 as follows: "Community center" means a facility owned and operated by a public agency or nonprofit corporation, provided the principal use of the facility is for public assistance, community improvement, or public assembly.6 5 The General Commercial (GC) zoning district is the successor to the CBDS zoning district. 6 The version of the definition used in 1992 was virtually identical: Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 9 The parties also contended that the proposed Mission could be a "halfway house." "Halfway house" was defined in 1992 at YMC 15.02.020 as follows: Halfway House means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional care.' Community Center means a facility owned and operated by a public agency or nonprofit corporation, provided, that the principal use of the facility is for public assistance, community improvement, or public assembly. (Difference underlined.) The current code has been substantially changed: Halfway House. A "halfway house" shall include residentially oriented facilities that provide: 1. State -licensed group care homes for juvenile delinquents; 2. Houses providing residence in lieu of instructional sentencing; 3. Houses providing residence to individuals needing correctional institutionalization; or 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See "Clean and sober facility.") "Clean and sober facility' is currently defined at YMC 15.02.020 as follows: "Clean and sober facility" means a commercial business providing a dwelling or building for occupation by rehabilitated alcohol and/or drug users, during their re-entry into the community. The clean and sober facility provides residentially oriented facilities for the rehabilitation or social adjustment of persons who may need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Also see "Halfway house.") As noted above, "halfway houses" are not permitted in the SCC zone. "Community centers" are listed as Class 2 uses in the SCC zone according to Table 4-1, YMC 15.03.030. "Clean and sober facilities" are not specifically listed in Table 4-1, but "treatment centers for drug and alcohol rehabilitation" are listed as Class 3 uses in the SCC zone. "Boardinghouses" are also not permitted in the SCC zone. A "boardinghouse" is defined at YMC 15.02.020 as: "Boardinghouse" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 10 The hearing examiner noted that the definition of "community center" was overly broad, and would include "all government facilities, including juvenile detention centers, jails, office buildings, schools, and hospitals, all of which nevertheless have their own listing in Table 4-1." After reviewing the definition of "halfway house," the hearing examiner observed: The [Union Gospel] Mission does some of that. It does some of the community center activity also. But it is not just a community center, it is not just a halfway house. It is a combination of uses, for which this [zoning] ordinance does not provide much guidance in evaluating. In re: Union Gospel Mission, supra at 7. Consequently, the hearing examiner drafted a new definition for "Mission" uses. The definition of "Mission" use would still supply a valid working definition covering "homeless residential and services centers." Applying current code, the Mission use is limited to the CBD, GC and M-1 zoning districts. In reviewing the issue of whether a Mission use is compatible with the SCC zoning district purposes, it will be noted that the SCC zone currently does not permit halfway houses, boardinghouses, group homes, or convalescent and nursing homes. "Halfway house" includes a reference to "clean and sober facility," which by implication would not be permitted in the SCC zoning district. The only treatment facility uses allowed (as a Class 3 use) are "treatment centers for drug and alcohol rehabilitation." But again, Class 3 uses are presumed incompatible with the neighborhood. The Small Convenience Center District ("SCC' or "SCC District") is defined at YMC 15.03.020(H) as follows: H. Small Convenience Center District (SCC). The purpose and intent of the small convenience center district is to: 1. Provide areas for commercial activities outside the downtown commercial district that meet community retail shopping and service needs; and 2. Accommodate small commercial centers, generally two to five acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway. Small convenience centers serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and should be designed to minimize undesirable impacts of the center on the neighborhood it serves. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being such uses as a supermarket, fast food restaurants and drug store. Memorandum - Zoning Regulation - Homeless Facilities January 9, 2015 Page 11 (Emphasis added.) The primary purpose of the SCC district is retail commercial sales and retail consumer services for the convenience of the neighborhood. The City Council, by adopting the code and Table 4-1 specifically ruled that residential service and care facilities were not permitted. A "Mission" use would be closer in character to the unpermitted uses of halfway house and boardinghouse, and should be deemed incompatible with the purposes of the SCC district. s s s, .,94TV As noted above, the attached "proposed Ordinance" simply incorporates the 1992 and 1995 Hearing Examiner Interpretations into the Yakima Municipal Code. It amends YMC 15.02.020 to include the definition of "mission." It also would amend Table 4-1 to allow a mission use as a Class (2) use within the GC, CBD and M-1 zoning districts. It would retain the current prohibition of "mission" uses within the SCC zoning district. ORDINANCE NO. 2015 - AN ORDINANCE relating to land use; amending Section 15.02.020 of the Yakima Municipal Code to add definition of mission use, and amending Table 4-1 of Section 15.04.030 of the Yakima Municipal Code designating such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and terminating moratorium adopted pursuant to Ordinance No.2014- 027. WHEREAS, the City Council has previously adopted ordinances establishing zoning districts within the City of Yakima, defining °certain land uses, and designating such uses within the zoning districts, all as codified in Title 15 of the Yakima Municipal Code (YMC); and WHEREAS, the City Council previously adopted Ordinance No. 2014-027 implementing an ordinance on the acceptance of applications for;- processing and issuance of, land use approvals and permits for mission uses" within the SCC Small Convenience Center zoning district pending adoption of a comprehensive regulation governing such uses; and WHEREAS, the Planning Commission ofthe City, of Yakima has conducted meetings and a public hearing pursuant to notice, and after consideration of all comments, evidence and testimony presented has presented a recommendation, supported by appropriate findings of fact and conclusions of law, to the City Council; and WHEREAS, the recommendation of the Planning Commission supports the amendment of YMC 15.02.020 fo add a definition of "mission" use, and to amend Table 4-1 of YMC 15.04.030 to allow such use as,d Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the City Council finds and determines that such recommendation is supported by previous interpretations of record by the hearing examiner as set forth in In re: Union Gospel Mission, City No. UAZO-Interp. No. 1-92, Examiner No. 192-5-2 (Lamb, Feb. 27, 1992); and In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995); and WHEREAS, the City Council finds and determines that YMC 15.02.020 should be amended to add a definition of "mission" use consistent with the definition previously formulated by the hearing examiner, and that Table 4-1 of YMC 15.04.030 should be amended to allow such use as a Class (2) use within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the City Council finds and determines that the amendments described above 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. The recommendation of the City of Yakima Planning Commission as described above is received, together with the Planning Commission's Findings of Fact and Conclusions of Law in support thereof, which Findings of Fact and Conclusions of Law are hereby adopted by the City Council Section 2. YMC 15.04.020 is hereby amended to add a definition of land use for "mission" use to read as follows: "Mission" means a facility typically ownsd,'or operated by p public agency or non- profit corporation, providing a varit?+f services for the disadvantaged, typically including but not limited to tempora ',housing for the Ihometa s, dining facilities, health and counseling activities, whethef or not,,,,of a spiritual ,0 ture, with such services being generally provided to the'p bll , tljarge. Section 3. Table 4-1 of YMC Y+15�P,4,030 ("Health and Social Service Facility" component) is hereby amended to provide the mission s are Class (2) uses only within the GC G+enerw ;0 ercial, °SBD C tat, Busina District, and M-1 Light Industrial zoning dl)ci witht, the Cityof I%hma, not allowed within any other zoning districts, all'as,st forth" tr); Exhibit "A`;uttached herato and incorporated herein by this reference, and with arch changes shoWO'i0 legislative format as set forth in Exhibit "B" attachct;hertp and irtorptitI herein lay<iiis reference. otion 14w m r t arium adopi and implemented pursuant to Ordinance No, 01`,�027 shall exPlpe anis terminate upon the date this ordinance becomes effective. Section; ; This or,4pance shall be in full force and effect 30 days after its passage, approva(,pp pubN� ion as provided by law and by the City Charter, PASSED BY THE CITY COUNCIL, signed and approved this day of , 2015. ATTEST: Micah Cawley, Mayor City Clerk 2 Publication Date: Effective Date: EXHIBIT "A" (Table 4-1, YMC 15.04.030) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), 1 1 1 1 1 1 1 1 Adult Family Home (*) Treatment Centers For Drug 3 3 3 3 3 3 3 3 and Alcohol Rehabilitation Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), . ...... ....._....W....._ 3 2 2 2 3 3 Convalescent and Nursing Homes (*) Mission (*) 2 2 2 NOTES: * Refers to defiriltibn in YMC Chapter .02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 4 EXHIBIT "B" (Table 4-1, YMC 15.04.030 — Changes shown in legislative format) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) SR R1 2 3 B 2 �HB�SCJLCJASLLBDL�Ml 2 HEALTH AND SOCIAL SERVICE FACILITY AGroup Homes dult Family Hosme *fe............ wer), 1 1 1 1 1 1 O ................................... Treatment Centers For Drug 3 3 and Alcohol Rehabilitation Boarding House (*) 1 3 1 II 3 II 3 II 31 3 Halfway House (*) I I 11 112 Group Homes (more than six), 3 2 2 2 Convalescent and Nursing Homes (*) NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted I �� �, 1 1 � � 3 3 3 3 3 3 1 2 3 3 3 3 2 2 2 NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted Cable TV ..................... _.... 575-609: Code Administration... --- 575-6121 Housing ...... ................... ...._ 5T5-6101 Planning ............................. 5.5-611: DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET CITY HALL, YAKIMA, WASHINGTON 98901 (509) 575-6113 SCAN 278-6113 FAX 575-6105 NOTIFICATION OF HEARING EXAMINER DECISION On February 27, 1992, the Yakima Hearing Examiner rendered his decision on the use interpretation concerning the Union Gospel Mission, UAZO Interp. #1-92. The request was reviewed at a public hearing held by the Hearing Examiner on February 13, 1992. A copy of the Hearing Examiner's Findings and decision is enclosed. Any part of the Hearing Examiner's decision may be appealed. Such appeal shall be filed within fourteen (14) days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division. For further information or assistance you may contact Joan Davenport, Supervising Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575-6164. jLDon S. Skone Planning Manager Date of mailing: 2/28/92 A r' UNIONRequest for interpretation GOSPEL as a Use in the Central Business District and Central Business District Support City Wb- UAZO-INTERP. #1-92 Examiner - • • through• requested concerning• requestn Gospel Mission. The city of Yakima referre, the , interpretation YMC 15-22 governs interpretations by thl Hearing Examiner. Section 15.22-030 permits the Examiner at hi. - discretion to conduct a public hearing. Due to a request foi public input and to present directly public hearing was conducted February 13, 1992. reviewP99AAA-04 - The combination Of uses typified by the Yakimz Union Gospel Mission shall be characterized as a "Mission," subject to Class 2 the - District MissionCentral Business District support (CBDS) zones. means a facility public agencyor • • •fit corporatio n, providing a variety of services for the disadvantaged, ---.typically including but not limited to temporary housing. - homeless,dining and counseling activities, whether or • spiritual with such services being generallyprovided u 1. PAct"Al + ou wl oW ±r; The Union Gospel Mission, relocating,(Mission herein) is interested in has generated affectedconcern by Potentially landowners EXAMINER'S INTERPRETATION - 1 MEARNG EXAMPER FOR THE CTI AND QTY OF [AK W A POST 4 YUMA. WASWNaT(>% 0®007 1500) 248-0706 standard of legal review and the level of public comment required by the Urban Area Zoning ordinance. The purpose of this interpretation is to review the nature of the activities conducted by the Mission, and determine whether those activities fit within any- existing use classifications of -the zoning ordinance. If not, then a new use will be established and defined, with a specified level of review. The Mission is a non-profit corporation providing a range of services. It has served the Yakima area for 56 years and has always been located in downtown Yakima. The Mission's primary purpose is the provision of spiritual and material support for those in need. In the past year it has served over 140,000 meals in-house; provided nearly 2,000 boxes of food to the community; provided clothing and other staples; as well as operating two dental clinics, a foot clinic, and providing showers and similar facilities. These services are all provided on a non-residential basis and constitute a substantial portion of the services provided by the Mission. The Mission also provides residential facilities. Within the existing facility typically 20 to 30 men and women are provided shelter in times of need. The Mission also provides spiritually oriented assistance to those having difficulty in coping with difficult situations, such as divorce, alcohol, drugs, etc. The Mission also operates a youth center consisting of a 17,000 square foot building located at 4th and Spruce. The center provides programs for 50 to 70 children each day, including Girl Scouts, Boy Scouts, boxing, crafts, and basketball. Information in other applications for relocation submitted by the Mission describe the proposed use as providing food and lodging facilities for homeless men and families; drug and alcohol rehabilitation; ministry, and related services. Proposed faCilities have included a dormitory and family shelter, dining and EXAMINER'S INTERPRETATION - 2 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA !'OST OFFICE BOX 4 YAKYA. WASHINGTON 99907 (cno1 7aA-n70A kitchen facilities, auditorium, gymnasitm, and maintenance/repair shops. residentialIt is the aspect temporaryhousing . homeless, I displaced by personal or natural disasters, which generates the most concern by potential adjaceni� property owners. The Mission provides a flexible response .community its prospective location, i'• residential could be significantly •'as reflected in the evidence concerning the proposed Terrace Heights location, in which temporary residential facilities for perhaps 200 individuals were contemplated. business, constrain the scope and extent of services which can be provided. _ of primary objectives spirituallyorientedassistance to hel]p others help themselves. Accordingly, those receiving the benefit Of temporary housing at the Mission are not . -. to stay in the Mission during the day, and are expected to use that time to seek employment and other .. • d • � +t4 "y6. a "! �In prior ap • • Mission has • _ treated by both City and County Planning staff as a "community center."• •. nized use category in the zoning ordinance, the Mission- - • approval in 1986 in the Holtzinger_ Countyar its present location. At that time the zoning ordinance treated a community center as a Class 2 use in the CBD zone. In 1991 the processed ..• _• an application • y the Mission to relocate in Terrace Heights as • fl: acenter, Industrial2 use in that Light • The zoning ordinance •_•._ • Table 4- 1. The • .. also specifies to y given Class 1 uses are permitted in a zone, provided that the EXAMINER'S INTERPRETATION - 3 MEARNG EXAMmaEJt FOR THE Cm( AND COUNTY OF YAK09A POST E BOX 4 va(wa- WASHINGTON 90907 (509► 248-0706 standards for that zoning district are met. Class 2 uses are erall..y permitted in a given zone, but compatibility between a Class 2 use in the surrounding environnent cannot be determined in advance and occasionally a Class 2 use may be incompatible at a particular location. Class 2 uses are reviewed by an Administrative official, with an opportunity for comment by landowners within 300 feet. Class 2 uses can be forwarded for Class 3 review at the discretion of the Administrative Official, or his or her decision can be appealed to the Examiner for Class 3 review (YMC 15.04.020), which results in a public hearing. Class 3 uses are generally not permitted in a particular zone, but may be allowed by the Hearing Examiner after Class 3 review and public hearing. The Examiner may approve, deny, or conditionally approve the proposed use in order to promote compatibility with the intent and character of the zoning district and the objectives and development criteria of the Yakima Urban Area Comprehensive Plan (YMC 15.04.020). Any use which is not listed in Table 4-1 is an unclassified use and shall be permitted only in those zoning districts so designated by the Hearing Examiner, in which case it shall be allowed only as a Class 2 or Class 3 use (YMC 15.04.040). The Interpretations chapter of the zoning ordinance governs this determination by the Hearing Examiner. The following conditions concerning use interpretations are imposed by YMC 15.22.050: No use interpretation shall vary the location or review requirements of any use listed in Table 4-1. Furthermore, no use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for that particular zone. The Examiner's interpretation may be appealed, in this instance to the City Council, pursuant to YMC 15.22.070 and YMC Ch.15.16. Both of the prior Mission applications afforded a chance for EXAMINER'S INTERPRETATION - 4 HEA *4G EXAMWER FOR THE CRY AND GOUNTtt OF YAKIMA POW OFFICE Box 4 YAKMA& WASHNGTON 98907 (509)248-0706 Public participation and review, so the issue of the applicable standard of review was not squarely met. After approving the Holtzinger Building as a Class 2 use in the CBD under the community center classification, the Urban Area Zoning Ordinance was amended by the City and the County to designate community centers as a Class 1 use in the downtown zones (CBD and CBDS). - Documentary evidence of the reason for the amendment is not part of this record, nor is there any oral evidence in the record from any of the elected officials involved. Any conclusions concerning legislative intent based upon recollections of this Examiner or Planning staff are too speculative to base an imputation of legislative intent by others. The Terrace Heights application in 1991 was also treated as a community center; because a floodplain in an industrial zone was involved, it was subject to Class 2 review. By stipulation the Mission agreed to a public hearing in order to expedite processing of the application, given the likelihood of appeal in any event. As reflected in this Examiner's decision denying the application, it was recognized at that time that there was room for argument as to whether it was a "Community center" or a "halfway house," which is a Class 3 use in the M-1 zone at issue there. 5-ts Examiner No. 091-1-40, pg. 10. After noting that it could be treated as a community center, a class 2 use in that zone, or as a halfway house, a Class 3 use in that zone, this Examiner at page 11 stated: For purposes of analysis under the zoning ordinance this will be treated as a Class 3 land use, meaning that it is subject to the highest level of review under the ordinance. . . . Whether categorized as a Class 2 or a Class 3 use, the Examiner is obligated to determine that. the use is consistent not only with the intent of the zone but also that it complies both with the Urban Area. Zoning Ordinance and the comprehensive plan.. ('Sae SCC 15A.04.020(2) and (3).) Ld, at p.11. The application was denied because it did not comply with the zoning ordinance and comprehensive plan, regardless of whether it was a Class 2 or Class 3 use. It was unnecessary to EXAMINER'S INTERPRETATION - 5 NEARING EXAMINER FOR THE CITY AND COUNTY OF YAKW. POST OFFICE BOX A YAKIMA. WASHINGTON 969C- 15091246-0706 decide the class of use. Presumably for a variety of reasons that decision was not appealed to the Yakima Board of County Commissioners. It does not have much precedential value, because it does not have even the suture of a trial court decision, but it does reflect that there has been some ongoing confusion as to the type of use involved and the appropriate level of review. Because it was at least a Class 2 use in that zone the application did receive public review. This zoning ordinance, and specifically its Table of Uses with related definitions, is the best guide to resolution of this problem. There are zoning cases on the books dealing with categorization of missions, halfway houses, and community centers, but they are all unique to the specific zoning ordinance involved. As an example, a Pennsylvania case determined that a land use defined as a "community center" also included a "halfway house,"' which apparently was not otherwise dealt with in the zoning ordinance. The court ruled that a halfway house, used to educate young people and their parents to the dangers of drug use and abuse, counseling and advising drug users and former addicts, and for referring such people to outside sources of medical, legal, and spiritual aid and to employment and recreational communities was a "'community center or similar use" as set forth in -the local zoning ordinance. ori t Re , 328 A.2d 901, 16 PA. CMWLTH. 356 (1974). That case is distinguishable from our situation in that our zoning ordinance defines both halfway house and community center. In a New Jersey will contest case the definition of mission came up. That court cited with approval an old Connecticut case in which the court stated: By universal acceptance the word "missionary," whether as a noun or adjective, embraces, not only the conception of a religious, charitable, or educational work or worker, but also such a work done through philanthropic motives, for the welfare of others too poor, too unappreciative, or too indifferent to do it themselves, and by persons EXAMINER'S INTERPRETATION - 6 HEMNG EYAM W ER FOR THE CRY AM COMW OF YAKMA PoSr OPFIX SOX 4 YAKMA_ WAgINGTON 99907 MW 24"706 supported or means furnished in part at -least by some agency of which those for whom the work is done do not form a sustaining part. al., 14 A.2d 490, 127 N.J. EQ. 518 (1940). That definition, however stilted, clearly describes this Mission's activities. That definition, and a description of this Mission's activities, also describe a use different from either a community center or a halfway house. This ordinance defines community center as meaning: fac,ili,ty.. owned and operated by a public agency or non- profit corporation, provided that the principal use of the facility is for public assistance, Community improvement, or public assembly. YMC 15.02.020, p.9. That definition, without reference to other provisions of the ordinance, would include all government facilities, including juvenile detention facilities, jails, office buildings, schools, and hospitals, all of which nevertheless have their own listing in Table 4-1. Halfway house is defined as meaning: A home for juvenile delinquents and adult offenders leaving correctional and/"or mental institutions, or a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented but who do not need institutional care. YMC 15.02.020, p.11. This Mission does some of that. It does some of the community center activity also. But it is not just a community center, it is not just a halfway house. It is a combination of uses, for which this ordinance does not provide much guidance in evaluating. Reviewing the various uses listed in Table 4-1 is helpful. Community centers are lumped with meeting halls and fraternal organizations, and treated as a Class 1 use in this zone, as compared to halfway houses which are treated as a Class 3 use. EXAMINER'S INTERPRETATION - 7 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX s YAKMA. WASHINGTON 96907 (509) 2AS-0706 Detention centers are a Class 3 use in CBD and CBDS, as are hospitals. The Mission's activities do not rise to the level of a detention center or hospital, but they are more intensive than a group home, which is a Class 1 use. Group homes are defined as: A place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. YMC 15.02.020, p.11. High density multi -family dwelling units are typically a Class 1 use in the CBD, and a Class 3 use in the CBDS, whereas the same density of dwelling units in a planned residential development are treated as Class 2 uses in both zones. Boarding houses are a Class 1 use in CBD, and a Class 2 in CBDS, as are retirement homes. Boarding houses are defined as: An establishment providing both lodging and meals for not more than 10 persons residing in the facility on a permanent or semi-permanent basis. YMC 15.02.020, p.6. The Mission's level of activity is clearly more than a boarding house with 10 or fewer people. By comparison, nearly all retail uses are Class 1 in both zones. Hotels, for instance, have almost identical activities to the Mission, and are treated as a Class 1 use. This is consistent with the definition of Central Business District, which: is to preserve the Central Business District of the City of Yakima as the regionts center of commerce, industry, recreation and culture. This District is characterized by very intensive development and a variety of land uses including retail, sales and service establishments, high density residential development, financial institutions, professional buildings and government offices. YMC 15.03.030.10. The definition of the CBD Support District is expanded to accommodate both wholesale and retail activities, with some high density residential development (YMC 15.03.020.11). Given the focus of the zones, it is appropriate that retail uses be Class 1. Although similar, the Mission's activities are not typically EXAMINER'S INTERPRETATION - 8 HEARNG EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE sox A YAK MA. WASHINGTON 98907 (5094 249-0706 thought of as a traditional retail use. It has been suggested that it is the type of user of the Mission, rather than the type of activities, which is at the root of the problem and that this has been treated not as a question of the appropriate land use but as to who uses the land. Stereotypes, prejudices, and public perceptions as to the type of clientele utilizing the Mission's services are in fact a central part of the controversy. This city has a legitimate public interest in fostering a downtown environment in which retail uses can co -exist, peacefully and prosperously, with necessary public and social services. No retail area can long survive, regardless of the opinions of store owners, if the public has a perception that an area is unsafe or for some reason undesirable. It is government's obligation to develop rational regulations which recognize and balance the legitimate constitutional and legal expectations of the whole community. Determining that the Mission is a specific type of use subject to public input prior to its approval simply creates a process by which the public can help government recognize and balance various viewpoints. Class 2 review means, in the terms of this ordinance, that the use is generally permitted but on occasion may be incompatible. That can be said for practically any use in any. area. Table 4-1 indicates that many activities are subject to some level of public review before being located in the downtown business zones. This includes higher density planned residential developments, which under the explicit definition of the downtown zones is encouraged to be downtown. The point of public review is not to discriminate or to provide a means to discriminate. In any subsequent review of the Mission, the burden on both the public and the government will be to review the application in a principled manner, without succumbing to bias or prejudice, with the decision based upon objective reasoning and logical conclusions. As recognized by the Yakima Urban Area Comprehensive Plan, public preference is to be considered, but public preference alone can EXAMINER'S INTERPRETATION - 9 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON sa9o7 (SM) 248-0706 rarely, if ever, be the sole determinant for locating unpopular or locally undesirable land uses. An argument has been raised that substantial deference should be paid to the staff determination, by both the City and the County, that the Mission should be treated as a community center. This of course is the typical rule of administrative law. -Mall, v• Seatt e, 108 Wn.2d 369, 739 P.2d 668 (1987), was cited at the hearing as illustrative. In that case an administrative determination had been appealed to the Hearing Examiner, who upheld the administrative determination. On appeal to the trial court, that court upheld the Hearing Examiner. The Washington Supreme Court in upholding the lower decision ruled that considerable judicial deference should be given to the construction of an ordinance by those officials charged with its enforcement, meaning in that instance the administrative official and the Hearing Examiner. While this Examiner will certainly appreciate any deference he -may ever receive in the future from any judge, this Examiner is so low on the totem pole that there is no one else to defer to. As reflected above, the issue has been in controversy for some time, has never been clearly resolved, and accordingly the city Planning Department when they received a request for interpretation forwarded it directly to the Examiner. Staff has never had to deal with the issue head-on before, simply because the ordinance provisions applicable at the time always accorded public review. In the first instance, Holtzinger, the Mission got what they requested, with no public outcry. In the second, Terrace Heights, they failed after stipulating to a public hearing, and did not appeal. For all practical purposes the issue is a matter of first impressioninow, and the staff is following the method set forth in the ordinance to obtain an interpretation. The activities encompassed by the Mission are consistent with the intent and development standards of both the Central Business EXAMINER'S INTERPRETATION - 10 MEARNG EXAmiNER FOR THE CRY AND COUNTY OF YAK64A POST OFFICE BOX 4 YAKFAA. WASHINGTON 98907 4509) 246-0706 District and Central Business District Support zones. Class 2 review is appropriate in order to determine, based upon a specific factual circumstance, if there are any issues which present compatibility concerns. Defining the Mission as a Class 2 use has the effect of creating a presumption that the use is permitted, but permits some public review. DATED this 27th day of February, 1992. PHILIP A. LAMB Hearing Examiner EXAMINER'S INTERPRETATION - 11 HEARING EXAM"ER FOR TME CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA- WASM(NGTOIN 90907 (509)249-0706 E OE REQ _ FILE 1200 :m .i• 400 200 Es 20o6 2007 2oo8 2009 2010 2011 2012 2013 2014 swSheltered Unsheltered E,hlb;f 5ubw�e '/"/6 I I I I r I -i n I U 1, (21 h o m el e!-3 s �mwthan 1 * * -M commumber- as a result f the NetwU--%rk'r-- esu Neoork Resources esrs Ste,lffg En 1pioyr i i -- p :. %"f 21 r ming Center - Year r-OUrld ANIVIr nk Clothing bank, basic Wises .t eys Ste,lffg En 1pioyr i i -- p :. %"f 21 r ming Center - Year r-OUrld ANIVIr k Z K NVV III -j"pl:,_ fa .'AwU 'fill I M Community Resources Food and Other Resources Ai�l 11 I I it, Health Services 1,- 14 Is 411 '1;' '11 0 1 11' tl P-1 1110 = it I 1111 „1 I 1 .1 r. It I Ip Drug and Akofia4 Treatment Hygiene cenlivir Community Outreach Warming/ Day Centers -IA f91.11 4 f ­ tk Security i 1'.dio i), 1,,. Tr4n&portation Yakima Neighborhood Health Services 2013 Unduplicated Primary Care Patients 18,746 HomelessPatients 21231. Primary Care Visits 67,016 Permanent Supportive 67 ceople Outreach Visits p5e, Housinguse Ids Pr �s C_ QC s Filled T �s ti nal s 7 people 35 households Affordable Care Act Applications 50647 Medical Respite Care 38 oeople WIC Clients SeNted (average 38 days etch) 1078 days * Women 26,393 Infants 1 Basic Needs Assistance 203 people Childs 57 1,553 families 1T.e JHEorhood ALTH�� 9 Az -