HomeMy WebLinkAbout04-29-15 YPC PacketF111)1? THE
COMMUNITY DEVELOPMENT DEPARTMENT RECONI)/ FILE
loan Davenport, AICP, Director
Planning Division
9 North Second Street, 2nd Floor Yakima, Washington 9890
Phone (509) X75- 161 ti 3 - 1 ao (09) 575-6105
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City of Yakima Planning Commission
STUDY SESSION
City Hall Council Chambers
Wednesday April 29, 2015
3:30 p.m. - 5:00 p.m.
YPC Members:
Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose,
Bill Cook, Patricia Byers, Ron Anderson, Carmen Mendez
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising
Planner); Valerie Smith (Senior Planner); Robbie Aaron and Trevor Martin (Assistant Planners);
Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Planning Commission's Recommendation on the Public Participation Plan (PPP) Guide
for the City's Comprehensive Plan Update Program
VI. Study Session - Discussion on "Community Resource Service Center" Use and
Definition
VII. Other Business
VIII. Adjourn
Next Meeting. May 13, 2015
LON Ia IaU -
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday April 29, 2015
Beginning at 3:30 p.m.
Public Meeting & Study Session
PLEASE WRITE LEGIBLY
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Page 1 04/29/2015 YPC Hearing
Thursday, May 21, 2015
6:00-9:00 p.m., doors open at 5:30 p.m.
Yakima Convention Center
Hear about designs ;si a �"or all u
complete streets experts Marc schlo.4
Peter Lagerway!
Engage with representatives on local & regional
transportation plans and services.
Join the City of Yakima in visioning and drafting the
Bike Alaster Plan.
City and Toole Design Group representatives will be available
throughout the evening!
Marc Schlossberg is a professor of City and Regional Planning at the
:University of Oregon and co-author of Rethinking Streets: An Evidence -
Based Guide to 25 Complete Street Transformations.
Peter Lagerway is Regional Office Director for Toole Design Group in
Seattle. Peter is a nationally -known expert on non -motorized projects and
certified Complete Streets trainer.
Brought to you by the Yakima Complete
tip Streets Working Group
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Jueves, Mayo 21, 2015
6:00-9:00 p.m., Inas puertas se habren alas 5:30pm
Yakima Convention Center
Eschucha hablar sobreenar calles para todos los
usuarios de los expertos calles completas Marc Schlossberg
& Peter Lagerwey!
Colabora con los representantes de los planes y servicios de
transporte locales y regionales.
Unete a la ciudad de Yakima en la vision y la redaccion del
plan maestro de la bid.
Representantes de la Ciudad y Toole Design Group estaran
disponibles durante toda la tarde.
Mdre'Srhlossberg es profesor de planiftcacion Urbana y Regional en la Universidad
de Oregon y co -actor de repensar calles: Una guia basada en la evidencia a 25
transformaciones.de Calles Completas.
Peter Lagerwey es director de la oficina regional para Toole Design Group en Seattle.
Peter es un eperto nacional conocido en proyectos no motorizados, y entrenador
certtficado de Calles Completas.
us
Encuentre
esto en
linea
Traido a usted por las Calles Completas
Yakima Grupo de Trabajo
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City f Yakima
Comprehensive Plan Update Program
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R E0))IR1) FIII IIS°:
Public Participation Opportunities Related to the Update of Yakima's
Comprehensive Plan and Associated Development Regulations
Adopted: Spring 2015
D 11 AT "
Comprehensive Plan 2040 Horizon—Public Participation Plan
The Comprehensive Plan is a requirement of the Growth Management Act (GMA), and is a
document that looks toward a 20 -year horizon for the City of Yakima. Its core purpose is to help
define—through goals, objectives and policies—how Yakima should accommodate forecasted
household and job growth, provide open space and recreational opportunities, and best manage
traffic and other vital services. It has been 10 years since the City has updated its Vision and
Comprehensive Plan maps and elements, therefore, it's time to update its Comprehensive Plan to
bring into focus the vision for Yakima for the next 20 years. The Periodic Update process requires
the City to engage citizens in a conversation about the City's future. Neighbors, business owners,
community groups and students are needed to participate in important conversations about land
use, transportation, parks, open space, and other vital services.
In addition to updating the core element chapters of the Comprgens14lan, including, but not
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limited to, Land Use, Utilities, Housing, Capital Facilities, and latuiral Envirt,ent. Also, the City
is developing long-range plans for transportation, a new bike pla�nA, and a dowq wn master plan.
Portions of these plans will be integrated into the Comp4lwnsly Plan, where appropriate.
Public involvement is vital to these initiatives., We hope th 4, ou will join the conversation by
sharing your voice, attending meetings, and learnrn , ore throu��i ,bducational opportunities.
Project Timeline
(Administrative work, Scope of Wr�Fall 2014 -Winter 2014
Project Framing and Visioning 11�/f,, Winter 015 -Summer 2015
Element Review and Revision A,� �Wf�ter 2016 -Fall 2016
Environmental Review Spring 2016 -Spring 2017
Final Approval Spring 2017
Public participation is a,key component of this two year planning effort. This Public Participation
Plan has been created for two purposes. First, to identify potential stakeholders and invite them
to participate in the planning process. Second, to guide public participation efforts throughout
the process to ensure early and continuous involvement throughout the decision-making process.
Efforts to ensure public participation will continue to evolve throughout the life of the Update
process.
The primary contact person for the City of Yakima's Comprehensive Plan 2040 Update is:
Valerie Smith, AICP
Planning Division
129 N 2nd Street
Yakima, WA 98901
(509) 575-6042
valerie.smith@?yakimawa.gov
2
The City of Yakima Planning Commission (YPC) will take the lead as the advisory body for this
project. YPC meetings are regularly scheduled and open to the public with opportunities for the
public to speak at each meeting on both agenda items and non -agenda items. Staff will ensure
that City Council receives regular briefings on the work of the YPC through the Council's Built
Environment Committee.
Public Participation Plan
State law requires the City to invite citizens and stakeholders to participate in the Comprehensive
Plan update process. Public Participation is also very important to the City of Yakima as an
effective tool to balance competing interests and needs that are inherent in the land use decision
making processes. It is important that information be made availablo any interested person
can understand the materials and participate. The City will en iburage iparticipation in several
ways.
Stakeholders
A variety of groups, agencies, and individuals may have infde st in the update of Yakima's Comp
Plan. These stakeholders can be categorized aollows:
• Other Governmental Agencies:.
o Adjacent jurisdictions: Union Gap, Selah, Ellensburg, Yakima County....
o State Agencies: Washihogn State Dept. of Commerce, Washington State Dept. of
Ecology, Washington State Dept. of Transportation, and Washington Department
of Fish and Wildlife. ,f
o Regional organizations:'COG, MPO
o Tribal government; Yakarra Nation
• Quasi -goner ,mental Group,
o School `Districts Yayena, West Valley
o Yakima Ffopsing Authority
• Residents and Property Owners
o Neighborhood Associations
• Business Groups and Associations
o Business organizations: Yakima Chamber of Commerce, Hispanic Chamber of
Commerce, Yakima's Historic Preservation Commission, Downtown Association of
Yakima, among others.
o Trade organizations: Home Builders Association, Association of Realtors. Etc.
• Environmental Organizations and Conservation Groups
o Local groups
o Regional Groups
o Local Chapters of National groups
3
Outreach to the general public will include posters in public places such as libraries, community
facilities, and businesses. City of Yakima residents may be sent a notice in their utility billing
statements, and project information may be circulated in the Yakima Herald Republic, City
newsletters, City's Public Access Channel (YPAC), and on the City's website, among other
communication tools.
Throughout the Comprehensive Plan Update process, the City will maintain several channels for
communication and public participation. One of the primary tools the City will use, is a City
webpage dedicated to the project. This website will include notices for upcoming public meetings,
documents available for review, and other information related to the project. Visitors to the
website can also sign up to be on the interested parties list. Ideally, the website would include
interactive features that would allow an on-going exchange of information and ideas related to
the project. A dedicated email address "Ask Planning" ask.plann'rng@yakimawa.gov, is also
available for questions and comments on this project. 4;
Stakeholders who express interest in participating will continue to receive notices and
informational mailings from the City. Joining the interested parties list, by providing contact
information to receive updates about the project by emall�pr post, will be the best way for an
individual to consistently receive notices and ssages about"he process.
A series of public workshops and public hearings will be held throughout the project. Prior to
public workshops or public hearings, notices will be postedan general community locations and
distributed through various City ;chapnels identified herein and per YMC Title 16 notice
requirements. These methods erg, inten0ed to inforr the general public, or those who have not
provided individual contact information, Rf , key opportunities for participation in the
Comprehensive Plan update.
Document Review
Update of the Comprehensive Plan will result in several work products that require review. Some
of these products include: draft policy changes, draft code changes, issue papers, staff reports,
and environmental review documents. It is expected that the City will consult with stakeholders
in the development of documents and other work products for this update.
Once drafted, all documents will be available for official review by the public. Comment periods
will be clearly specified and advertised through the means identified in this public participation
plan. The City will maintain a database of all comments received throughout the Comprehensive
Plan Update process, which will be available for public review upon request.
The State Environmental Policy Act (SEPA) process offers additional opportunities to seek public
input. The City anticipates integrating SEPA review into the proposal through the Growth
Management Act/SEPA integration process. Prior to Planning Commission making a final
recommendation on the updated Comprehensive Plan and any related changes to the Yakima
Municipal Code, the City will prepare an Environmental Impact Statement, which provides the
opportunity for additional specific input on environmental impacts of the proposal.
4
Community Open Houses
The City of Yakima Planning Division will hold community visioning open houses in June thru
October 2015. These open houses will be scheduled at times that are more likely to be accessible
to the majority of citizens and stakeholders (i.e. weekday evenings). The open houses will feature
a presentation covering four basic subject areas:
1. GMA requirements for review and update of comprehensive plans and development
regulations.
2. City of Yakima growth trends, forecasts, and accommodations.
3. Preliminary GMA compliance evaluation results.
4. Visioning for the various elements of the Comprehensive Plan.
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The community open houses will also feature information stations covering�yarious comp plan
elements and planning areas (e.g. land use, transportation, etc.,.).°These stations will be staffed
to answer questions and gather public input.r.
Comprehensive Plan Basics
The Comprehensive Plan is a document adopted by the Yakima City Council. It describes how
Yakima will continue to provide necessary facilities and' 'services to accommodate job and
population growth. Most importantly, it is a statement of the kind of community Yakima wants
to become, envisioned by those who live,`work, recreate, and visit here. The Comprehensive Plan
Includes a Vision 5taternent�—a verbal snaOshpt, of our desired character over the next 20-years—
and general Framework Goals to impl went that Vision.
Why is the Comprehensive Plan important to me?
The Comprehensive Plan is 4sed as a guide to decide where housing and business
growth should occur, what transportation system(s) we will have to support growth,
what types of businesses and jobs we want to encourage, what types of housing we
should have in the community, how we can protect our environmentally sensitive
areas and what values we want reflected in the character of our community. The Plan
is the basis for zoning, which in turn guides development permits in the City.
Therefore, it is important to be involved in the formation of the Plan to influence
decisions on future development activity.
The Plan also establishes our desired public facilities and services for roads, parks,
sewer, water, fire and police protection and funding of those facilities and services
through the six-year capital improvement program. It provides policies to support
economic development that encourages what business and thus jobs and services
locate here.
Who decides what the Plan says?
The City engages the community to develop a shared vision for Yakima based on
common values, desires and goals. The Planning Commission prepares a draft Plan
based on the community's vision, state and regional requirements, and planning
principles, such as Smart Growth Principles. Public meetings and hearings are held to
get public comments on the draft Plan. The Planning Commission makes a
recommendation to the City Council and the Council approves the final Plan.
Written Comments
Written comments are welcome throughout the GMA Evaluation and Update process.
Opportunities for formal public comment at key points of the planning process will be provided at
public hearings before the City of Yakima Planning Commission and the City Council. The project
timeline below shows when public hearings are anticipated to beheld. Additional information on
planning public hearings can be found in the location newspaper, the City website, etc., and as
described in this Public Participation Plan. To ensure cobsideration, written comments must be
received by the City of Yakima prior to the close of the publichearing.
All written comments submitted by mail or fax Should be sent to:
City of Yakima Community Development Department
129 N. 2"d Street
Yakima, WA 98901
Fax: (509) 575-6105
ask. tannin @
. yakimawa.gov. please refererice"the 2040 Comprehensive Plan Update in your
email
Joint Planning Commission and Eleoted Officials Review Meeting
A work session will be` field jointly, between the City of Yakima Planning Commission (YPC), City
Council, and Director of Community Development to review preliminary evaluation findings. The
joint meeting will be scheduled following the conclusion of the regional community open houses
described above.
Final GMA Compliance Evaluation
The YPC will work together with the Department of Community Development, and interested
parties, to review the Comprehensive Plan and development regulations for GMA compliance.
The evaluation process will identify needed update areas to comply with the GMA, and may
identify other recommended "areas of update" to address local or regional needs. During this
phase specific proposed amendments to the comprehensive land use and zoning map will be
considered and the results of the evaluation will be compiled in a Draft GMA Compliance Report.
11
The YPC will conduct at least one public hearing to gather and consider public input on the Update,
any proposed amendment applications, and any other proposed specific amendments. The YPC
will forward their recommendations and findings to the City Council for further action.
The Yakima City Council will hold at least one public hearing on the results of the Update review
and analysis. The public hearing(s) will also address any proposed revisions to the comprehensive
plan or development regulations, including any proposed amendment applications.
The City of Yakima will publish a notice of the adopted GMA Compliance document, and any
adoption of updates to the City's comprehensive plan or development regulations. The date the
notice is published will initiate a 60 -day appeal period pursuant to RCW 36.70A.290(2) on the
scope of the City's GMA compliance review and analysis, and adoption of any specific
amendments.
GMA Compliance Review Meetings
Eight (8) regular -scheduled meetings of the City of Yakima Planning Commission are planned from
January 2017 thru April 2017 to evaluate the Comprehensive Plan and development regulations
for compliance with the GMA. Regular -meetings are normally held on the second and fourth
Wednesday of each month at City Hall, 129 N. 2nd Street, in the City Hall Council Chambers, starting
at 3:30p.m. All meetings are open to the public, formal opportunities for citizen review and
comment on the results of the Planning Commission's GMA compliance evaluation will be
provided at the scheduled public hearings (see below) tentatively planned for Winter/Spring,
2017. There maybe opportunity to hotel special meetings with the Planning Commission that are
more likely to be accessible to the majority of citizens and stakeholders (i.e. weekday evenings).
Tentative Schedule for community visioning, open houses and plan review:
Winter 2015
Project framing & analysis
Spring 2015
of current conditions
Summer 2015
Visioning &
Fall 2015
General public comments
Winter 2016
Comp Plan Elements review,
Spring/Summer
GMA compliance review &
Fall 2016
public comments
Winter 2017
Plan Adoption Process
Spring 2017
& Public Hearings
7
All outreach efforts will be documented by the City and available for public review upon request.
Growth Management Act (GMA) and State Environmental Policy Act (SEPA)
Integration
Throughout the Comprehensive Plan Update, the City will be reviewing the project under SEPA
review. All public meetings, workshops and outreach opportunities, as well as, any documents
produced for this project will be opportunities for public comment on the environmental aspects
of this project. The integration of SEPA and GMA will result in improved planning and project
decisions from an environmental prospective. Just as GMA goals cannot be addressed without
consideration of environmental factors, the goals of SEPA are benefited by the examination of the
"big picture" and identification of mitigation to address cumulative impacts of development that
occurs during GMA planning. All comments and public input received during the Public
Participation portion of the Update program will be included in the Integrated SEPA/GMA
document pursuant to WAC 197-11.
Conclusion
The update of Yakima's Comprehensive Plan is a collaborative effort in which the City will engage
the public, businesses, governmental agencies, and other interested groups. The City website,
public postings, community events, public meetings, and workshops will be used to reach out to
interested parties and get them involved in the process.
The City of Yakima will utilize a variety of methods to inform the public about upcoming public
meetings, availability of relevant planning documents and reports and important milestones
related to the 2040 Comprehensive Plan Update process, including, but not limited to:
1. Internet: the City of Yakima will establish a website for the project where interested
community members may go to for status updates, reports, meeting notices and agendas,
and other project information. The website will also include links to the City of Yakima
comprehensive plan and development regulations. Follow the 2040 Comprehensive Plan
Update at ht! IT:uuww. aki awa gov services/planning _com arehensive-Plan-updatel
2. Mailing List: the City of Yakima will maintain a list of interested parties to receive notices
of scheduled public meetings. Notice will be provided either by mail or email. Individuals
and organizations interested in being on the mailing list should contact City of Yakima
Planning Division, at (509) 575-6183 or skp,yakimaw r.ggy.
3. News Releases: the City of Yakima will issues news releases announcing public meetings,
hearings, and comment periods to local media, including, but not limited to: the City's own
Y -PAC channel, the Yakima Herald Republic, KIMA, KNDO, local radio, etc.
H.
4. Hearings -Decisions: Public notice of all public hearings and any decisions regarding the
review and update of the Comprehensive Plan and development regulations will be
published under "Legals" in the Yakima Herald Republic classified section. Public
notification of all hearings will be provided at least 10 days before the date of the hearing.
The notices shall include the date, time, location, and purpose of the hearing. The City of
Yakima may pay for other public notices in addition to this legal notification.
Public notification on the adoption of this Plan, or other specific development regulations
will follow the provisions of Yakima Municipal Code (YMC) and RCW 36.70A.
0
April 15, 2015
f II Icicfl_y.@)jj4daw. oni
RECEIVED
Dave Fonfara, Chairman APRI 5 2015
Yakima Planning Commission
129 N. 2nd Street l' ` OF AKI
MA
Yakima, WA 98901 COMMUNITY DRELOPME141f
Re: Urban Area Zoning Ordinance — Text Amendments
Mission and Community Resource Service Center
City File No.: TXT#001-15
Dear Chairman:
We have been working with Yakima Neighborhood Health Services with respect to proposed text amendments to
the City of Yakima's Urban Area Zoning Ordinance. Yakima Planning Commission has had under consideration
two separate definitions for facilities providing assistance to pre -homeless and homeless individuals: (1) adoption
and incorporation of City of Yakima Hearing Examiner's 1992 and 1995 unclassified use interpretation for a
"Mission" use by Union Gospel Mission; and (2) consideration of a new definition applicable to a multiuse resource
center proposed as "Community Resource Service Center". The two uses are fundamentally different in scope, size,
intensity and purpose.
The provision of services to pre -homeless and homeless individuals has been an evolving process within our
community over the years with the current collaborative effort based on the Homeless Network Ten -Year Plan
established and adopted by Yakima County and City of Yakima. The approach focuses upon integration and
coordination of services and resources by and among a wide range of nonprofit and governmental agencies. The
Ten Year Plan has been based upon the Department of Housing and Urban Development (HUD) model for
continuum of care structure.
There has not been a permanent solution establishing a single point of access for services. City of Yakima has
provided interim assistance through emergency warming shelters facilitated through local churches. The process
has required, however, that a more permanent solution be established for purposes of providing a single point of
contact in the coordinated effort and programs. Yakima Neighborhood Health Service has been selected as the initial
lead agency in providing the services. The proposed "Community Resource Service Center" is designed to be the
next step in properly defining and locating the mixed community use facility.
During the course of the public hearings on the text amendments, Ten Year Plan Planning Commission has asked
for further comment and written submissions with respect to the following issues and questions:
YNHS has been asked to further refine and delineate the definition of "Community Resource Service
Center" and provide specific conditions and requirements applicable to the mixed use facility.
Telephone 509-575-8500 * Fax 509-575-4676. www.mftlaw.com
���i,.��pj m �ii,
THE LAW OFFICES OF
��-�� �
EMEYER,
FLUEGGE & TENNEY, P.S.
DENNIS L. FLUEGGE*
230 South Second Street
**I'1;"I"1 R M, It1IC1IIE
ROBERT C. TENNEY
P.O. Box 22680
ERIN E. MOORE
MARK D. WATSON*
E. TYLER HOWELL
JEROME R. AIKEN*
JOHN A. MAXWELL, JR.C*t,ARY
Yakima, Washington 98907-2680
JAMES t CARMODY
L lAt�l LAND
'
**Also in Virginia
* Also admitted in Oregon
admiltud
* * * Of Counsel
April 15, 2015
f II Icicfl_y.@)jj4daw. oni
RECEIVED
Dave Fonfara, Chairman APRI 5 2015
Yakima Planning Commission
129 N. 2nd Street l' ` OF AKI
MA
Yakima, WA 98901 COMMUNITY DRELOPME141f
Re: Urban Area Zoning Ordinance — Text Amendments
Mission and Community Resource Service Center
City File No.: TXT#001-15
Dear Chairman:
We have been working with Yakima Neighborhood Health Services with respect to proposed text amendments to
the City of Yakima's Urban Area Zoning Ordinance. Yakima Planning Commission has had under consideration
two separate definitions for facilities providing assistance to pre -homeless and homeless individuals: (1) adoption
and incorporation of City of Yakima Hearing Examiner's 1992 and 1995 unclassified use interpretation for a
"Mission" use by Union Gospel Mission; and (2) consideration of a new definition applicable to a multiuse resource
center proposed as "Community Resource Service Center". The two uses are fundamentally different in scope, size,
intensity and purpose.
The provision of services to pre -homeless and homeless individuals has been an evolving process within our
community over the years with the current collaborative effort based on the Homeless Network Ten -Year Plan
established and adopted by Yakima County and City of Yakima. The approach focuses upon integration and
coordination of services and resources by and among a wide range of nonprofit and governmental agencies. The
Ten Year Plan has been based upon the Department of Housing and Urban Development (HUD) model for
continuum of care structure.
There has not been a permanent solution establishing a single point of access for services. City of Yakima has
provided interim assistance through emergency warming shelters facilitated through local churches. The process
has required, however, that a more permanent solution be established for purposes of providing a single point of
contact in the coordinated effort and programs. Yakima Neighborhood Health Service has been selected as the initial
lead agency in providing the services. The proposed "Community Resource Service Center" is designed to be the
next step in properly defining and locating the mixed community use facility.
During the course of the public hearings on the text amendments, Ten Year Plan Planning Commission has asked
for further comment and written submissions with respect to the following issues and questions:
YNHS has been asked to further refine and delineate the definition of "Community Resource Service
Center" and provide specific conditions and requirements applicable to the mixed use facility.
Telephone 509-575-8500 * Fax 509-575-4676. www.mftlaw.com
April 15, 2015
Page 2
2. Planning Commission has requested additional input with respect to the definitional requirement for
establishing a "demonstrable need" for the services and facilities. The need concept is designed to focus placement
of the resource center in areas of need. As noted in the hearings, homeless service goes to the area of need — need
does not come to the service facility. The concept of "need" or "public need" for facilities is common in land use
planning and zoning ordinances.
3. Identification and comment upon applicable development standards with respect to the proposed
"Community Resource Service Center". As a short answer, the proposed land use classification would be required
to comply with all applicable development standards and requirements for the respective zoning districts. The sole
development standard that must be addressed is the applicable parking standard.
4. Planning Commission has requested comment upon the applicability of the Fair Housing Act and the
Americans With Disabilities Act (ADA). Both statutory schemes are applicable to homeless shelters and have direct
bearing upon the land use determination.
We will address each of the questions in separate attachments. Also included will be supporting information and
documents related to the written comments and submissions.
Thank you for your consideration. We are also prepared to provide any additional information or comment as
determined to be helpful in your deliberative process.
Very truly yours,
Ml YEI„ LUEGGE & TENNEY, P.S.
'`
Jai es C, Carmy
711--)
,ICC:dg
cc: Via Email:
Anita Monoian
Rhonda Hauff
Nathan Poel
UADebbieG\Yakima Neighborhood Health\Roy's Markeffonfara Letter.docx
CITY OF YAIA
COMMU14ITY DEVELOPMENT
1r't'"R T[1E
E( '1;1 � ,`' F1 L�E RECEIVED
w w '
MUNP DEVROPMEWT
Clarification ofCornmunit Il,e!Lo u,r• e Service Center Development rntent Standards an re netll
YNHS proposed a definition for Community Resource Service Center which focuses upon on a
demonstrated need for services and emergency shelter for pre -homeless and homeless individuals and
families. The fundamental focus is to locate the facility and services only in areas of demonstrated need.
The operative premise is that service goes to the need — need does not come to the service. It was not the
intent of the definition to establish a broad based land use classification that is applicable within each and
every area zoned Small Convenience Center (SCC). The definition requires that an applicant establish a
specific need within a defined geographic area.
We have revised the definition to require a showing of "demonstrable need" within a specific geographic
area. We have also sought to provide specific objective guidance to facility location. In the context of
Community Development Block grants, City has designated "Renewal Community" areas. Attachment
A. Homelessness is closely linked with poverty and a direct geographic correlation exists within Yakima
Municipal boundaries. YNHS would propose that the Renewal Community Map serve as an overlay area
and that Community Resource Centers be permitted only in those areas.
Community Resource Service Center is redefined as follows:
"Community Resource Service Center" means a mixed use facility
providing programs, resources, assistance and temporary shelter to
homeless and pre -homeless populations based on demonstrated need for
facility within the immediate neighborhood or community.
("Resource Service Center"). The land use classification carries specific restrictions and siting conditions.
Planning Commission has requested a detailed set of applicable limitations, conditions and guidelines, WE
would propose the following:
1. The primary purpose of the Resource Service Center shall be to provide resources,
services and assistance to the homeless and pre -homeless within an established neighborhood and
community. The Community Resource Center shall provide basic resources and assistance to homeless
and pre -homeless persons including housing placement (temporary, transitional and permanent), case
management, medical and healthcare referrals, transportation, mental health care and treatment referrals,
chemical dependency case/care management and referrals, employment and job assistance, and community
outreach.
2. The permitting of a Community Resource Center shall require that the applicant establish
a demonstrable need for homeless and pre -homeless services and shelter within an immediate geographic
area. Demonstrable need must be supported by substantial evidence which may include surveys, studies,
expert analysis, point in time studies or summaries and such other substantial evidence provided during the
1 City of Yakima Office of Neighborhood Development Services (ONDS) is a recipient of Federal Community Development
Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds and has submitted its 2014 Annual Action Plan
("Action Plan"). The Action Plan recognizes that "...ONDS maintains a good working relationship with the local continuum of
care organization ..." but has not chosen to make active provision for resources addressed to the needs of homeless individuals
and families within our community. The 2014 Action Plan recognizes that there is no direct allocation of funds for homeless
programs but "... [tlhe City is supportive of the goals and have local continuum of care organization, known as the Homeless
Network of Yakima County." In the development and implementation of CDBG and home programs, City of Yakima has
identified a Renewal Community and Neighborhood Revitalization Strategy Area Boundary, Attachment A. The boundary map
identifies specific geographic areas of low income housing needs. The identified geographic area is consistent with established
service needs for pre -homeless and homeless individuals, families and populations.
Proposed Definition
Page 1 of 8
hearing process. This is essentially the same approach utilized in rezone applications which require a
showing of "public need."
3. The Resource Service Center may only be located within areas designated Renewal
Community by City of Yakima. The current Renewal Community map is included as Attachment A. This
approach would create a de facto overlay district.
4. The facility shall be staffed 24/7 and is located in an area with demonstrated need for
homeless support services.
The facility must be located within 1000 feet of a public transportation stop, center or hub.
6. The shelter component shall have a maximum of fifty (50) beds. All shelter services will
be for temporary or emergency housing and long-term residencies shall be prohibited.
Site development standards and conditions shall include:
• @.Wot coverage, maximum building height, standard structure setbacks and standard fence
height shall comply with standards for the underlying zoning district as set forth in YMC
15.05.030 Table 5-1.
• Site Screening Standard C shall apply for all facilities adjacent to R-1 properties. YMC
15.07.040 and .050 —Table 7.1
• UAZO does not have established parking standards for fww"t',mirri a"city Resource Service
Center facilities. YNHS proposes a parking standard of 1 larking space per 3 beds.
• Site plan shall be submitted, reviewed and approved with the land use application and
through a Type II Review process.
8. The following review standards and procedures would be applicable to applications for a
Community Resource Service Center.
a Community Resource Service Center would be classified as a Class (2) use in the
Central Business District (CBD), General Commercial (GC), Light Industrial (M-1)
and Small Convenience Center (SCC) zoning districts.
All applications for Community Resource Service Center would be subject to
environmental review under the State Environmental Policy Act (SEPA).
Other conditions and/or site development standards may be established through the permit and hearing
review process as well as environmental review under State Environmental Policy Act (SEPA).
Proposed Definition
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Applicable of "Need" to -Land and Use Classification.
Planning Commission has requested clarification and elaboration regarding the concept of "demonstrable
need" for the resource and shelter facility within the immediate community and geographic area.
Contrary to Staff's comments, this is recognized land use standard that is, in fact, utilized within the
Urban Area Zoning Ordinance (UAZO) (YMC 15.23.030D)(7)) as well as most zoning ordinances.
First, the concept of "local need" is specifically a consideration within the Small Convenience Centers
(SCC) Zoning District. The purpose and intent statement includes the following:
The purpose and intent of the Small Convenience Center District is to:
I. Provide areas for commercial activities outside the downtown
commercial district that meet the 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 oJ' 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 uses such as a supermarket, fast food restaurants
and drug store.
YMC 15.03.010. One of the stated purposes of a Small Convenience Center is (SCC) zoning district to
provide retail services to "surrounding neighborhoods." This is the equivalent of requiring a retail service
provider to establish that it serves the needs of the neighborhood it serves. A critical consideration in the
current analysis relates to the definition of "retail services" which are defined in the UAZO as follows:
"Retail services" means uses providing services, as opposed to products,
to the general public. Examples are eating and drinking establishments,
motels, real estate and financial offices, and uses providing health
education and social services.
YMC 15.02.020 (Definitions). The SCC purpose and intent statement specifically directs that "retail
services" — and specifically health education and social services — be provided to address the "...needs of
the surrounding neighborhood." YNHS' proposed definition adopts the geographic focus requirement and
implements the ordinance directive regarding purpose and intent of the zoning district.
Second, UAZO already recognizes a "need determination" in the context of rezone applications. Zoning
map amendments specifically require that an applicant establish "...[t]he public need for the proposed
change." YMC 15.23.030 (D)(7). This is a common rezone requirement. The concept of "local need" is
proposed by YNHS is consistent with current ordinance proof requirements as well as the intent statements
for the applicable zoning district.
Proposed Definition
Page 3of9
Third, the requirement of demonstrable need is also well recognized in the applicable state case law. See,
e.g. Phoenix Development, Inc. v. City of Woodinville, 171 W n.2d 820 (2011). (City of Woodinville Rezone
Ordinance requiring "demonstrated need" for requested zoning); Friends of Columbia Gorge, Inc., v.
Columbia River Gorge Com'n, 126 Wn. App. 363 (2005)(demonstrable need to accommodate future
population); and McNaughton v. Boeing, 68 Wn.2d 659 (1966). In order to establish demonstrable need, a
land use applicant is required to provide substantial substantive evidence establishing the need for the
proposed land use action. That showing can be established through studies, surveys, objective testimony
and expert opinion. There is no prescribed form for the evidence but such evidence must be based upon
objective criteria (as opposed to speculation and conjecture) and evaluated and assessed by the applicable
decision maker.
Finally, the requirement of "local need" is also a typical element in land use applications for low or
moderate income housing. See e.g. Zoning Bd. Of Appeals of Sunderland v. Sugarbush Meadow, LLC, 981
N.E. 2d 690 (Mass. 2013) (review of project application for low and moderate income housing requirement
to establish "substantial regional housing need"), A showing of public need is also a typical requirement
in land use determinations for utility service applications including cell towers. T -Mobile Cent., LLC, v.
West Bloomfield, 691 F.3d 794 (6"' Cir. 2012) (Cellular telephone service provider action against
Municipality for denial of application to build cell phone tower — sole issue whether substantial evidence
existed to support the denial of the application based on need as defined by the local zoning ordinance.);
Orange County—Poughkeepsie Partnership v. Town of East Fishkill, F. Supp. , 215 WL 409260
(SNY 2015) (Zoning board required to consider "need for facilities" and determination must be based upon
substantial evidence ); and Consolidated Edison Co, v. Hoffman, 374 NE 2nd 105 (1978) (establishing a
standard for public "necessity"). Each of these decisions require the "need" determination to be based upon
substantial evidence.
YNHS has proposed a definition that incorporates "demonstrable need" as an integral element. The concept
and need determination is required by the district purpose and intent statement; responsive to the purpose
of providing "...health education and social services" to the "neighborhood it serves"; and is an accepted
land use concept.
Proposed Definition
Page 4 of 8
A mlicable Development Standards and tte�ulations
Urban Area Zoning Ordinance (UAZO) sets forth specific site design and improvement standards. YMC
Ch. 15.05. Attachment B. The design and improvement standards are specifically set forth in YMC
15.05.030 Table 5-1. Those standards include lot coverage, structural setbacks, maximum building height,
standard fence height and standard site screen requirements. Landscaping requirements are specifically set
forth in YMC 15.07.040 and .050. YNHS proposes that all such site design and improvement standards be
applied to the new land use classification.
YNHS proposes, however, to establish a specific parking standard applicable to the proposed use.
Applicable parking standards are set forth in YMC 15.06.040 Table 6-1. Attachment C. The table for Off
Street Parking Standards does not include a specific land use consistent with the new zoning classification.
A study has been undertaken of existing warming (emergency) shelters and determined that average parking
requirements for a 50 -bed shelter is between five and seven parking spots. YNHS would propose a parking
standard of one space per three (3) beds.
Proposed Definition
Page 5 of 8
A alication of Ed" rirM l#arrsin Ac# In Oo rr riMraltle J. rp gal " ta�atl r cls.
Municipalities are not allowed to discriminate in provision to citizens based upon
race„ gender or disabilities, '['we primary pieces of leeleral legislation are applicable to this Situation: (l)
the Fair Housing Act., and (2) Americans with Disabilities Act (M)A). 1''1 aaarrirwg stalfhaas advised that the
federal laws are not applicable to homeless shelters. That advise is inconr eet. Zoning actions and
ordinances are specifically subject to the statutory directives.
Americans with Disabilities Act LADA .
Many homeless persons, particularly those most in need of supportive laousin,g, experience disabilities.
"Title. 11 of'the Americans with Disabilities Act (ADA.,) 42 USC §§ 12131-34 states `ono qualified individual
with a disability shall„ by reason of such disaabihty, be excluded from participation in or be denied the
benefits of the services, programs or activities of public entity, or be sul�jccted to discrimination by ally
such entity." The Supreme Corm. in Olmstead v. L.0:, interpreteel Title It torequire public entities to
administer services, programs, and activities in "the most integrated setting appropriate to the needs of the
qualified individuals with disabilities." American Planning Association commented as follows:
In essence, Olmstctid beans the "separate but equal" approach to
accommodating tine disabled. Although this decision has yet to be applied
in a land use context, it certainly raises the issue of whether a community,
in restricting zoning or permitting for supportive housing in any manner
that limits the supply of such housing, violates the ADA.
Similar concerns are raised with respect to the application of the Fair Housing Act (FHA) and commented
as follows:
One consequence of the reasonable accommodation provision of Fair
Housing Act is that local jurisdictions cannot limit the number of homeless
persons with disabilities who live in supported housing, such as group
homes. Organizations such as Oxford House have fought and won zoning
disputes concerning single-family definitions that limited the number of
disabled persons that could live in a group home.
Local governments can violate the Fair Housing Act if they stop a group
home or deny a reasonable accommodation due to neighbor's fears or
prejudices about persons with disability. Statement of the Department of
Justice and the Department of Housing and Urban Development, "group
homes, local land use, and the Fair Housing Act," (August 1999). See
)yW%usdoj,gov/er;/l),pusing/fn;t18 l.htm. It has also been determined
that spacing requirements for supportive housing provide illegal barriers
to the development of new supportive housing for the homeless. The
Department of Justice and HUD have taken a position that separation
requirements which have the effect of "foreclosing group homes from
locating in entire neighborhoods" are not consistent with the Fair Housing
Act. Id.
These rules are consistent with applicable land use standards applied within this state. Land use and zoning
cannot discriminate or establish barriers for persons with disabilities. It is also clear in this state that land
use classifications and determinations may not be based upon uninformed stereotypes, biases and
prejudices. Sunderland Family Treatment Services v. City of Pasco, 127 Wn.2d 782, 794 (1.995). The
focus is on the use of the land and not the identity of the users. Phillips Supply Co., v. Cincinnati Zoning
Proposed Definition
Page 6 of 8
Bd. Of Appeals 17 NE 3" One (Ohio 2014). ("This is a zoning case, generally, zoning laws may regulate
the use of the land, not the identity of the users."). It is also well established that community displeasure
cannot be a basis for land use decisions. Maranatha Mining Inc. v. Pierce County, 59 W n. App. 795, 804
(1990).
Fair I-1<ttlLsini AtwL
Fair Housing Act prohibits housing discrimination against individuals with disabilities. 42 U.S.C. §
3604(f)(2) (unlawful to discriminate against any person based on handicap on provision of "services or
facilities in connection with a dwelling). It also requires local governments to make reasonable
accommodation in development and application of zoning ordinances. The courts have held that homeless
shelters are "dwellings" for the purposes of the FHA. Woods v. Foster, 884 F. Supp. 1169, 1173 (N.D. 111.
1995) (finding a homeless shelter to be a "residence" for the purposes of the Fair Housing Act); United
States v. Hughes Memorial Home, 396 F. Supp. 544, 548-49 (W,D. VA. 1975) (finding that children who
lived in a group home for more than two months are considered "residents" of that home for zoning purposes
and application of Fair Housing Act). The disabled, in this context, includes recovering alcoholics and
addicts, people with Human Immunodeficiency Virus (HIV), and mental illness.
A municipalities refusal to modify the application of its zoning ordinance to accommodate a homeless
shelter may constitute a violation of the anti-discrimination/reasonable accommodation provisions of the
Fair Housing Act, 42 USC § 3601 et seq. and the Americans with Disabilities Act of 1990. See Section
12101 et. seq. See, e.g. Homeless Action Committee v. City of Albany, 1997 WL 876956 (N.D.N.Y. 1997)
(consent order allowing homeless shelter). The municipalities failure "to make reasonable
accommodations" in its rules in order to afford handicapped persons "equal opportunity" for housing has
been found to establish liability and responsibility. City of Edmonds v. Washington State Building Code
Council, 18 F. 802 (91" Cir. 1994), as affirmed in City of Edmonds v. Oxford House, Inc., 514 US 725
(1995).
The court in Support Ministries for Persons with AIDS, Inc., v. Village of Waterford, 808 F. Supp. 120
(N.D.N.Y. 1992) held that the Village and village officials violated FHA by enacting and applying a zoning
ordinance that discriminated against HIV-infected homeless persons. A violation of Section 3604 of the
FHA can be proven by showing either "discriminatory intent" or "disparate" treatment. Id.'- An FHA
violation is also established through disparate impact analysis in which it has been stated:
Need to prove no more than the conduct of the Defendant[s] actually and
predictably results in ...discrimination; in other words, that it has a
discriminatory effect. The plaintiff need make no showing whatsoever
that the action resulting... discrimination and housing was ... [by a desire to
discriminate against the handicapped] effect, and not motivation, is the
touchstone.
The courts have specifically found that the prohibition against handicapped discrimination applies to State
or local land use decisions and practices. See, e.g. Stewart B McKinney Foundation, Inc. v. Town
Planning and Zoning Com'n of Fairfield, 790 F. Supp. 1197 (D. Conn. 1992). Federal courts in other
jurisdictions have held that the reasonable accommodations clause is meant to require towns to take
2 Discriminatory intent can be established simply by reliance upon stereotypes, biases and public prejudices. The
court and support ministries noted that "...expressions of irrational fear of AIDS and misinformation about the
disease were rampant. In addition, there were some blatant expressions of prejudice toward the `illegal or chosen
lifestyles' ...which may have helped to bring this illness about." The opposition and bowing to political pressures
was found to be evidence of discriminatory intent. It was also suggested that some of the proposed residents
"...were formerly alcohol and/or illegal drug users." It is also clear that substance abuse is a "handicap" for
purposes of the applicable laws.
Proposed Definition
Page 7 of 8
affirmative steps such as make changes, waivers or exceptions to their zoning rules which will give
people with disabilities the same housing opportunities as those without disabilities. See e.g. Turning
Point, Inc. v. City of Caldwell, 74 F.3d 941 (9" Cir. 1996) (holding in favor of a homeless shelter's action
against City and City Planning Commission arising from requirement contained within a conditional use
permit requiring annual site reviews of the homeless shelter); Risenhouse v. Township of Upper South
Hampton, 804 F. Supp. 683, 695-700 (E.D. PA. 1992) (concluding that a township ordinance imposing a
requirement that group homes be spaced 1000 feet apart constitutes discriminatory treatment in violation
of FHA); Oxford House, Inc. v. Town of Babylon, 819 F. Supp. 1179 (E.D. N.Y. 1993) (holding that
municipal ordinance that define "family" as being biological relationships was violative of FHA and
resulted in disparate impact on persons with disabilities). The development of ordinance provisions or
failure to reasonably accommodate disabled persons in legislative enactments may give rise to claims for
violation of the Fair Housing Act.
U:\DebbieG\Yakima Neighborhood Health\Proposed Definition updated 41515 clean.doex
Proposed Definition
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ATTACHMENT A
ATTACHMENT B
Chapter 15.03 ZONING DISTRICTS
Chapter 15.03
ZONING DISTRICTS
Sections:
1..5 Q1910
Purpose and establishment of zoning districts.
15 03,020
District and map overlay intent statements.
15 0 0,30
Map of zoning districts and overlays.
Page I of 9
15.03.010 Purpose and establishment of zoning districts.
The following zoning districts are established to protect the public health, safety and general welfare
by implementing the goals and policies adopted in the Yakima urban area comprehensive plan.
Residential Districts
— Suburban Residential District (SR)
— Single -Family Residential District (R-1)
— Two -Family Residential District (R-2)
— Multifamily Residential District (R-3)
Commercial Districts
— Professional Business District (B-1)
Local Business District (B-2)
— Historical Business District (HB)
— Small Convenience Center District (SCC)
— Large Convenience Center District (LCC)
— Central Business District (CBD)
— General Commercial District (GC)
— Regional Development District (RD)
— Airport Support District (AS)
Industrial Districts
— Light Industrial District (M-1)
— Heavy Industrial District (M-2)
District Overlays
— Airport Safety Overlay (ASO)
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Chapter 15.03 ZONING DISTRICTS
-- Floodplain Overlay (FO)
— Greenway Overlay (GO)
— Institutional Overlay (10)
--- Master Planned Development Overlay (PD)
(Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 1, 2001: Ord. 2947 § 1 (part), 1986).
15.03.020 District and map overlay intent statements.
Page 2 of 9
The district intent statements define the specific purpose of each district and/or zoning map overlay.
They shall reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for
determining the appropriate location of uses; help determine appropriate conditions for development;
and help the administrative official interpret the standards and provisions.
A. Suburban Residential District (SR), The intent of the suburban residential district is to provide a
variety of residential lifestyles with densities generally ranging from one unit per five net residential
acres to seven units per net residential acre. The higher density is reviewed and considered to be
permitted when a public water system and the regional sewer system are available, or if these utilities
are not available, community water and sewer systems may be allowed after review by Yakima
County health district and the city of Yakima. (See YMC Chapter 15.05, Table 5-1.) This district is
further intended to:
1. Limit residential density to one unit per five net residential acres in areas where flooding,
airport noise, or other environmental constraints make the land unsuitable for residential use at
higher densities. Development at a lower density will be reviewed to allow conversion to higher
densities once utilities are available or other limiting issues are mitigated;
2. Maintain surface and groundwater quality along with the avoidance of potential health
hazards, by limiting residential density to one unit per five net residential acres, in areas where
public services will not be provided, and the dwelling units have individual wells and septic
tanks. Development at a lower density will be reviewed to allow conversion to higher densities
once utilities are available or other limiting issues are mitigated;
3. Provide the opportunity for suburban residential development, up to three dwelling units per
net residential acre, in areas with either public water service or a community sewer system; and
4. Allow residential development to seven dwelling units per net residential acre in areas with
both public water service and sewer system.
This district is characterized by a mixture of land uses and residential densities including small farms,
scattered low-density residential development, and clusters of higher -density residential development.
The minimum lot size in the district varies according to the suitability of the land for development and
the provision of urban level services. See YMC 15,,05 030(E).
B. Single -Family Residential District (R-1). The single-family residential district is intended to:
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Chapter 15.03 ZONING DISTRICTS
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1. Establish new residential neighborhoods for detached single-family dwellings free from
other uses except those which are compatible with, and serve the residents of this district, which
may include duplexes and zero lot lines if established during the subdivision process;
2. Preserve existing residential neighborhoods for detached single-family dwellings free from
other uses to ensure the preservation of the existing residential character, and serve the
residents of this district; and
3. Locate moderate -density residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer system.
Detached single-family dwellings are the primary use in this district. The district is characterized by up
to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and
side yard setbacks; and one and two story structures. The density in the district is generally seven
dwelling units per net residential acre or less.
This zone is intended to afford single-family neighborhoods the highest level of protection from
encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses
within these zones are not allowed; except for public or quasi -public uses, which will be required to
undergo extensive public review and will have all necessary performance or design standards
assigned to them as necessary to mitigate potential impacts to adjacent residences.
Development exceeding seven dwelling units per net residential acre may be allowed in accordance
with Table 4-1.
C. Two -Family Residential District (R-2). The purpose of the two-family residential district is to:
1. Establish and preserve residential neighborhoods for detached single-family dwellings,
duplexes and other uses compatible with the intent of this district; and
2. Locate residential development with densities up to twelve dwelling units per net residential
acre in areas receiving a full range of public services including public water and sewer service,
and police and fire protection.
The district is characterized by up to sixty percent lot coverage, access via local access streets and
collectors, one and two story buildings, some clustering of units, and required front, rear and side
yard setbacks. Typical uses in this district are single-family dwellings and duplexes. The density in
this district generally ranges from seven to twelve dwelling units per net residential acre. However,
development up to eighteen dwelling units per net residential acre may be allowed in accordance with
YMC Chapter 15.04, Table 4-1.
D. Multifamily Residential District (R-3). The multi -family residential district is intended to:
1. Establish and preserve high-density residential districts by excluding activities not
compatible with residential uses;
2. Locate high-density residential development more than twelve dwelling units per net
residential acre in areas receiving the full range of urban services;
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Chapter 15.03 ZONING DISTRICTS Page 4 of 9
3. Locate high-density residential development near neighborhood shopping facilities; and
4. Locate high-density residential development so that traffic generated by the development
does not pass through lower -density residential areas.
The district contains a variety of attached or clustered multifamily dwellings.
E. Professional Business District (B-1), The professional business district is intended to:
1. Establish and preserve areas for professional offices;
2. Provide a buffer between commercial clusters and residential neighborhoods; and
3. Locate professional offices in areas presently receiving a full range of urban services.
Professional offices and, in some areas, a mix of professional offices and multifamily dwellings are
the primary uses in the district.
Generally, the professional business district contains smaller lot or parcel sizes. Residential densities
are generally greater than twelve dwelling units per net residential acre. Building coverage may be as
high as eighty percent of the site. Sitescreening requirements have been established to soften the
visual impact of large buildings and parking lots and to minimize potential nuisances from light, noise
and glare. Development standards are intended to accommodate a mixture of high-density residential
development and office uses.
F. Local Business District (B-2). The purpose of the local business district is to:
1. Provide areas for commercial activities that meet the small retail shopping and service
needs of the community; and
2. Accommodate small-scale commercial uses that need a higher level of visibility and easy
access to major arterials.
Uses characteristic of this district include small retail sales and service establishments
G. Historical Business District (HB). The purpose of the historical business district is to recognize
existing isolated commercial structures in otherwise residential areas, to allow those structures to be
occupied by traditional neighborhood business uses, and to allow these structures to be replaced if
destroyed. This district is not intended to allow structural expansion, or expansion of the use onto
adjoining lots. It is further intended that this district is not to serve as a small convenience center
(SCC). Examples of HB uses are: taverns, small grocery stores, laundromats, and other businesses
serving the immediate residential neighborhood around this district. This zoning district is not
intended to be allowed to be further expanded or formed.
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
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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.
1. Large Convenience Center (LCC). The purpose and intent of the large convenience center district
is to:
1. Provide areas for commercial activities outside the downtown commercial district that meet
the retail shopping and service needs of the community; and
2. Accommodate commercial centers, generally five to ten acres in size, where most of the
commercial uses are coordinated in a manner around a common parking lot and usually with
two major commercial approach driveways.
Large convenience centers serve the shopping and service needs of multiple surrounding
neighborhoods and should be designed to minimize the impacts. Uses in this district should be larger
retail or personal services, the primary occupants usually being such uses as multiple -tenant
shopping, restaurants, office complexes, and multi mixed -uses.
J. Airport Support District (AS). The purpose of the airport support district is to accommodate airport
and aircraft related activities within the airport property. This district includes the Yakima Air Terminal.
A variety of uses are permitted. However, the intensity of development is directly related to airport
and/or aircraft related uses.
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
comprehensive 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.
L. Central Business District (CBD). The purpose of the central business district is to preserve the
business 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.
M. Regional Development District (RD). The purpose of the regional development district is to
provide high visibility from the interstate and state highways of the city of Yakima to provide regional
commerce, office campus, recreation, large-scale retail, culture, and large multiple mixed uses. This
district is characterized by very intensive development and a variety of land uses including retail sales
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Chapter 15.03 ZONING DISTRICTS
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and service establishments, high-density residential development, financial institutions, professional
office buildings, hotels, condominiums, and corporation headquarters.
N. Light Industrial District (M-1). The intent of the light industrial district is to:
Establish and preserve areas near designated truck routes, freeways, and the railroad for
light industrial uses;
2. Direct truck traffic onto designated truck routes and away from residential streets; and
3. Minimize conflicts between uses in the light industrial district and surrounding land uses.
The light industrial district provides areas for light manufacturing, processing, research, wholesale
trade, storage, and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor, or fumes that would
constitute a nuisance or hazard.
O. Heavy Industrial District (M-2). The intent of the heavy industrial district is to:
Establish and preserve areas near designated truck routes, freeways, and railroads for
heavy industrial uses;
2. Direct heavy truck traffic onto designated truck routes and away from residential streets;
and
3. Minimize conflicts between heavy industrial uses and surrounding land uses.
The heavy industrial district provides areas for manufacturing, assembling, fabrication, processing,
and distribution and storage facilities. Uses in this district have the potential to generate high levels of
noise, light, odor, fumes, or smoke that require their protection from encroachment by incompatible
land uses.
P. Airport Overlay (AO). The airport overlay is intended to protect the airspace around the Yakima
Air Terminal at McAllister Field from airspace obstructions or hazards and incompatible land uses. In
addition to the regulations of the principal use district, the airport overlay includes provisions for:
1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future
commercial and industrial development; and
2. Assuring that land uses, locating near the airport, are compatible with noise, height
obstruction and other impacts from the airport operation.
Q. Floodplain Overlay (FO). The purpose of the floodplain overlay is to:
1. Protect natural drainage system associated with floodways and floodplains;
2. Ensure that new development will not affect the flood elevations in surrounding areas;
3. Ensure adequate protection of life, health, and property from flood events;
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Chapter 15.03 ZONING DISTRICTS
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4. Control development located within the 100 -year floodplain unless it is possible to mitigate;
5. Ensure development is restricted within the floodway unless it is water dependent;
6. Emphasize FEMA standards in planning for flood prevention and damage reduction;
7. Comply with the city of Yakima's shoreline master program;
8. Minimize the expenditure of public money for flood -control projects;
9. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken with public money;
10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and
streets;
11. Protect river, creek, and stream channels from encroachment so that flood heights and
flood damage will not be appreciably increased;
12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that
property is in an area of special flood hazards;
13. Ensure that property owners who occupy flood hazard areas have adequate information
when they apply for development changes to their property so the property owner can assess
the results of their development actions;
14. Continue to implement the National Flood Insurance Program; and
15. Use and enforce the building code to help minimize losses due to flooding,
R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to preserve
and maintain the Yakima River as a natural resource for all citizens to enjoy. The greenway corridor
extends from Yakima Canyon to Union Gap. Greenway boundaries were originally defined in 1977 by
the State Legislature with the creation of the Washington State Yakima River Conservation Area.
The greenway corridor is classified into natural, conservation, and recreation areas. Each greenway
corridor area may contain various facilities developed by the Greenway Foundation, such as
pathways, recreational sites, boat landings, parks, playgrounds, campgrounds, and group camps.
Many of the greenway facilities, such as trails, have been constructed on the top of existing dikes and
levees. The greenway provides access for levee maintenance and repair and to be responsible for
damage to trails caused by flooding.
In addition to the provisions of the principal use district, the purpose of the greenway overlay is to:
1. Make the greenway more attractive and accessible to the public;
2. Assure development conserves shoreline vegetation and controls erosion;
3. Implement the Yakima County/city shoreline master program and the Yakima River
Regional Greenway Plan;
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Chapter 15.03 ZONING DISTRICTS
Page 8 of 9
4. Limit development to activities which are particularly dependent on a location in the
greenway;
5. Preserve and protect the fragile natural resources and culturally significant features along
the greenway;
6. Increase public access to publicly owned areas of the greenway where increased use is
desirable;
7. Protect public and private properties from the adverse effects of improper development in
hazardous shoreline areas; and
8. Give preference to uses creating long-term over short-term benefits.
S, Master Planned Development Overlay (PD). The master planned development overlay is
intended to allow larger scale, mixed-use developments in selected areas of the city where certain
development requirements may be adjusted as necessary to promote an integrated approach to
planning and site design. The city finds that such developments require special review and
conditioning to ensure that adjacent areas are preserved and protected. (YMC Chapter 15.28.)
T. Institutional Overlay (10). The institutional overlay is intended to allow designated community
institutions that are valuable and necessary to the community, but which are located adjacent to or
within residential zones. The city finds that these institutions require special review and conditioning
to ensure that adjacent residential areas are preserved and protected. (YMC Chapter 15.31.)
The institutional overlay includes provisions to:
1. Make the institution more compatible and accessible to the public;
2. Assure development has the ability for future expansion;
3. Provide increased protection such as increased buffers as the institution locates closer to
residential districts, especially R-1; and
4. Utilize the goals and policies of the Yakima urban area comprehensive plan. (Ord. 2011-52
§ 2 (part), 2011: Ord. 2008A6 § 1 (part), 2008: Ord. 2001-04 § 2, 2001; Ord. 95-13 §§ 1, 2,
1995; Ord. 3019 § 11, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.03.030).
15.03.030 Map of zoning districts and overlays.
A. Adoption, Changes, Filing, and Replacement.
1. The zoning districts established by this title are defined as shown on the official zoning map
for the Yakima urban growth area. The official zoning map, together with all the explanatory
material thereon, is adopted by reference and declared to be a part. In addition, any adopted
overlay shall be displayed on the zoning map as identified by the adopted ordinance.
2. The official zoning map for the unincorporated portion of the Yakima urban growth area
shall be maintained in the Yakima County planning division. The city of Yakima department of
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Chapter 15.03 ZONING DISTRICTS Page 9 of 9
community and economic development shall maintain the official zoning map for that portion of
the Yakima urban area within the Yakima city limits.
3. Each official zoning map shall be identified by the adopted ordinance of the appropriate
jurisdiction and the date of adoption. The official zoning map maintained by the county/city shall
be the final authority as to the current zoning status of land.
4. Any changes in the district boundaries established by this title shall be made in accordance
with the provisions. The official zoning map shall be promptly changed after the amendment has
been approved by the respective legislative body.
5. No changes of any kind shall be made on the official zoning map except in conformance
with the procedures. Any unauthorized change by any person(s) shall be considered a violation
and punishable as provided under YMC Chapter 15.25.
6. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because
of the nature or number of changes and additions, the legislative body may, by resolution, adopt
a new official zoning map, which shall supersede the prior official zoning map. The new official
zoning map may correct drafting or other errors or omissions in the prior official zoning map, but
no such correction shall have the effect of amending the original zoning ordinance or any
subsequent amendment thereof.
B. Basis for Mapping the Floodplain Overlay Area, Warning and Disclaimer of Liability. The
floodplain overlay shall be that area within the one -hundred -year floodplain shown on the federal
flood insurance rate maps (FIRM) for the city and county. The Federal Emergency Management
Agency (FEMA) periodically updates these maps. (Ord. 2011-52 § 2 (part), 2011: Ord. 200846 § 1
(part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.03.040).
The Yakima Municipal Code is current through Ordinance
2015-010, passed March 3, 2015.
Disclaimer: The City Clerk's Office has the official version of the
Yakima Municipal Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance cited
above.
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ATTACHMENT C
Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS
Chapter 15.05
SITE DESIGN AND IMPROVEMENT STANDARDS
Section,s:
1,.5....05, O 1,0 Purpose.
1511,05 020 Site design requirements and standards.
115 105 030 Creation of new lots—Subdivision requirements.
1505 040 Vision clearance.
15 05 050 Street right-of-way dedication.
15 ()5 05 New development improvement standards.
1 a Cha Administrative adjustment of certain basic development standards allowed.
Page 1 of 12
15.05.010 Purpose.
The purpose of this section is to establish certain basic development requirements. These are the
minimum criteria that must be met to assure land use compatibility and promote the public health,
safety and welfare. Some of these requirements are flexible and the administrative official or hearing
examiner may adjust them under YMC Chapter 15.10. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1
(part), 1986).
15.05.020 Site design requirements and standards.
A. Table of Site Design Standards and Subdivision Requirements. The provisions of this chapter
and the requirements in Table 5-1 and Table 5-2 are established for all development in the zoning
districts indicated.
B. Development on Nonconforming Lots. Development on nonconforming lots is governed by this
section and YMC 0 5,19.040. Except as limited by this title, any permitted use may be allowed on any
lot legally created prior to the adoption of this title. Such development and structures are subject to
the following additional provisions:
1. Detached single-family dwellings erected on nonconforming lots must meet the following
criteria:
a. The setback dimensions of the structure conform to the regulations of this title;
b. The lot has at least twenty feet of frontage on, or a minimum twenty -foot -wide access
easement to, a public or private road;
c. All other site design and development criteria other than the lot size requirements of
Table 5-2 are met.
2. Zero lot line, common wall, or duplex development maybe permitted on such lots in the
R-2, R-3 and B-1 districts only if the conditions of subsection (13)(1) of this section are met.
3. Multifamily development may be permitted in the R-2, R-3, B-1, CBD and GC districts only if
the criteria of subsection (13)(1) of this section are met.
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 2 of 12
4. Zero lot line, common wall, duplex or multifamily development is not allowed on such lots in
the SR and R-1 zones unless such development is the replacement or reconstruction of a
destroyed or damaged existing use, as defined in YMC Chapter 15 19.
5. Any permitted use or structure may be placed on a lot that is nonconforming as to width
and/or lot area in the industrial and commercial districts, but only if the criteria of subsection (B)
(1) of this section are met.
C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a site that
can be covered with structures and other impervious surfaces. The maximum lot coverage in each
district is shown in Table 5-1. In the SR and R-1 districts, this standard is intended to protect the open
character of each district, and ensure that land is available to accommodate septic tanks and
drainfields. The intent in the R-2 and R-3 districts is to provide areas for landscaping and recreation.
Maximum lot coverage requirements in the commercial districts are intended to promote development
consistent with the character of the district, protect setbacks, and provide the opportunity to integrate
open space and landscaping plans into the design and placement of the structure and off-street
parking.
D. Structure Setbacks. Are the minimum structure setbacks permitted in a particular zoning district
with Type (1) review. In the residential districts, structure setbacks are intended to provide privacy,
light, air and emergency access. Setbacks along easements and rights-of-way are intended to
minimize the impacts from traffic on adjoining property owners. In the commercial districts, building
setbacks provide visual clearance along streets and areas for sitescreening and landscaping.
Structure setbacks are required in the industrial districts to provide fire protection, emergency access,
and to reduce impacts on adjacent districts of lower intensity. No structure shall be built or located on
or in an easement. The use of an access easement by a structure shall only be allowed upon
vacation/alteration of the easement in accordance with provisions established in the city/county
subdivision ordinance. The standard structure setback in each district is shown in Table 5-1.
E. Setbacks for Residential Accessory Structures.
1. Residential Accessory Structures Requiring a Building Permit. The minimum setback for
residential accessory structures in the residential districts shall be at least five feet from the side
property line, five feet from the rear property line, and up to, but not within, the required front
yard setback; provided, that the accessory structure(s) shall not encroach on a public easement
and applicable street setbacks are observed.
2. Residential Accessory Structures Not Requiring a Building Permit. The minimum setback for
a residential accessory structure in a residential district shall be at least five feet from all side
and rear property lines, existing structures, and up to, but not within, the required front yard
setback; provided, that the accessory structure shall not encroach on an easement.
F. Maximum Building Height. Maximum building height is intended to maintain building heights
compatible with the character and intent of the district. The maximum building height in each district is
shown in Table 5-1.
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 3 of 12
G. Fences and Walls—Standard Height. The following provisions shall govern the location and
height of fences and walls:
1. In the front yard: fences and walls may be placed on or behind the property line. However,
no fence or wall shall exceed four feet in height within the required front yard setback area. In
residential districts, six feet shall be the maximum height in the front yard behind the required
setback. See Figure 5-1, Typical Residential Fence Location. In commercial and industrial
districts, eight feet shall be the maximum height in the front yard behind the required setback.
2. In the side yard and street side yard: fences and walls may be placed on or behind the
property line. In residential districts, six feet shall be the maximum height; provided, that no six-
foot street side yard fence shall extend past the front corner of the dwelling into the front yard or
be located within the clear view triangle. See Figure 5-1, Typical Residential Fence Location. In
the commercial and industrial districts, eight feet shall be the maximum height.
3. In the rear yard: fences and walls may be placed on or behind the property line. In the
residential districts six feet is the maximum fence or wall height in the rear yard; provided, that
when the rear yard abuts a designated arterial, the maximum height shall be eight feet. Eight
feet is the maximum rear yard fence height in the commercial and industrial districts.
4. Within the clear view triangle: no fence, hedge or wall, exceeding two and one-half feet in
height, shall be placed in the clear view triangles established in YMC 15 05.040.
5. Fences over six feet in height: all fences over six feet in height shall meet the provisions of
the International Building Code.
6. Fence height in combination with a retaining wall: no combination of a fence and retaining
wall shall exceed a height of ten feet, measured from the lower elevation, except existing
retaining walls at the time of the passage of this title will be allowed a three -and -one -half -foot
fence above the retaining wall.
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H. Access Required. All new development shall have a minimum of twenty feet of lot frontage upon
a public road or be served by an access easement at least twenty feet in width. The purpose of this
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 4 of 12
standard is to provide for vehicular access to all new development; provided, the construction of
single-family and two-family dwellings on existing legally established lots is exempt from the
requirements of this section.
I. Recreational Screen. A recreational screen is a protective device for recreational purposes
designed to keep recreational equipment within or outside of a designated area. Such uses are
typically associated with schools, parks, golf courses, swimming pools, ballfields, and playgrounds.
The specific standard for screen height in Table 5-1 does not apply to recreational screening as
established by this title. The height and materials for screens will be evaluated by the administrative
official based on the need, safety requirements, and relationship to residential and commercial
properties and streets.
J. Sidewalk Requirement. Sidewalks on one side of the street are required with new construction
(except single-family structures). A sidewalk is required if one exists within two hundred feet of the
development on the same side of the street. Replacement of existing sidewalk is required only if
existing sidewalk presents a safety hazard, except that for applications under the jurisdiction of the
city of Yakima, the provisions of Title 12 of the Yakima Municipal Code shall prevail over the
provisions of this section to the extent of any conflict between such provisions.
K. Swimming Pools. Swimming pools are permitted as an accessory use to: dwellings,
hotels/motels, boardinghouses, retirement homes, other residential uses, schools, and recreational
facilities when all of the following provisions are met:
1. Setbacks.
a. Front yard: The swimming pool, apron, and pump house meet the required front yard
setback in Table 5-1.
b. Side and rear yard: The swimming pool and pump house are set back at least three
feet from the property line. The swimming pool apron may extend up to the property line.
c. From an easement: The swimming pool, apron, and pump house may extend up to, but
shall not encroach upon, an easement.
2. Fencing. The area around the pool is enclosed by a protective fence not less than four feet
in height.
L. Development within the State Fair Park. The following structures may be developed, maintained,
altered, expanded, or erected within the State Fair Park without further zoning review provided such
development is consistent with YMC 15 04 2!00(C), Allowable Uses, SEPA mitigation where required,
the development standards of this code and other construction permit requirements:
1. Administrative and operational offices.,
2. Auditoriums, meeting and exhibit halls.
3. Bars and drinking facilities.
4. Campgrounds,
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 5 of 12
5. Caretaker and/or employee residential quarters.
6. Equestrian facilities.
7. Exposition structures.
8. Grandstand facilities.
9. Libraries and museums.
10. Livestock barns.
11. Motorized sports facilities.
12. Parking facilities. (Ord. 2011-52 § 5, 2011: Ord. 2010-16 § 6, 2010: Ord. 2008-46 § 1
(part), 2008: Ord. 2005-81 § 4, 2005; Ord. 2001-13 § 48, 2001; Ord. 95-36 § 3, 1995; Ord. 93-81
§§ 23-25, 1993: Ord. 3106 §§ 11, 12, 1988; Ord. 3019 §§ 21-23, 1987; Ord. 2947 § 1 (part),
1986).
15.05.030 Creation of new lots—Subdivision requirements.
A. Table of Subdivision Requirements. The provisions of this section and the requirements set forth
in Table 5-2 are hereby established for all subdivisions in the zoning districts indicated. In the case of
conflict between the text and tables, the text shall govern. Additional subdivision requirements are
established in YMC Title 14.
B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum number of
dwelling units permitted per net residential acre is used to determine the maximum number of
dwelling units permitted within a single subdivision, short subdivision, mobile home park, multifamily
development, or planned residential development. This standard is intended to:
1. Assure that residential densities in new subdivisions, multifamily developments, or planned
residential developments are compatible with the existing or planned level of public services and the
density of the zoning district;
2. Permit the clustering of dwelling units (when clustering occurs, open space shall be provided in
accordance with YMC 15 09 030); and
3. Permit a variety of residential dwelling types within a development.
The following formula shall be used to determine the maximum number of dwelling units permitted for
any particular subdivision, short subdivision, mobile home park, multifamily development or planned
residential development:
THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in acres) —
(the area of streets, rights-of-way, and access easements, in acres) X (the maximum number of
dwelling units permitted per net residential acre).
Any fraction of a dwelling unit shall be rounded up to the next whole number if one-half or over
or down to the next whole number if less than one-half. Once approved under the provisions of
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 6 of 12
this title, no subdivision, resubdivision, or short subdivision shall be further modified or divided in
a manner that will raise the density of the subdivision beyond the maximum number of dwelling
units permitted per net residential acre by Table 5-2; provided, that development exceeding the
maximum number of dwelling units per net residential acre may be allowed in the R-1 and R-2
districts as a Class (3) use in accordance with Table 4-1. This higher -density development shall
be allowed only on those limited occasions when, after Class (3) review, the hearing examiner
finds that the location and site plan of the project is such that the higher density would be
compatible with neighboring land uses and the level of public services, and is consistent with the
goals and objectives in the Yakima urban area comprehensive plan.
The application of this provision shall not prohibit the subdivision of land already developed with
more dwelling units than would be permitted by this section when:
I- The lots created meet the lot size and lot width requirements established in Table 5-2;
2. The existing structures meet the building area and setback requirements in Table 5-1; and
3. No new dwelling units are built.
C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning
district when land is subdivided, short platted, resubdivided, or when lot lines are adjusted. No lot
shall be created that is smaller than the applicable minimum lot size standard established in Table
5-2.
1. In residential districts, this standard is intended to maintain the residential character of the
area and will vary by dwelling type, the suitability of the land for development, and the type of
water and sewer system. The following are the minimum lot size requirements in the residential
districts, except when the Yakima health district determines that a larger area is necessary for
the safe installation of approved water supply and sewage disposal systems:
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Required Minimum Lot
Situation
Size
In the floodplain,
One acre (provided the
airport, and greenway
iminimurn lot size of the
overlay districts:
underlying zoning district
shall apply, when, in the
opinion of the reviewing
official, the lot has a
buildable area outside the
overlay district and a plat
restriction prohibits
development on that portion
of the lot within the overlay
district).
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 7 of 12
2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit an
increase in the maximum number of dwelling units per net residential acre established in
subsection B of this section. Any lots created for zero lot line, attached, and multifamily dwellings
shall be so designated on the face of the plat or short plat.
3. In the local business district, the minimum lot size is intended to maintain the character of
the district and provide adequate space for off-street parking and landscaping.
4. The minimum lot sizes in the small and large convenience center districts and industrial
districts are intended to accommodate the large uses permitted in these districts and maintain
vacant land in relatively large parcels that can be easily assembled when development is
proposed.
D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a
particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to
control access to, rights-of-way.
E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision
which proposes a use or configuration of land or improvements requiring Class (2) or (3) review under
this title shall, at or prior to the filing of such application, also file an application for such review under
this title. Such application shall be heard by the hearing examiner concurrently with the subdivision
application using the procedures for Class (3) review.
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Required Minimum Lot
Situation
Size
Individual water
One-half acre.
system and individual
sewer system:
Public or community
114,500 square feet.
water system and an
individual sewer
system:
Individual water
9,600 square feet.
system and the
regional or an
approved community
sewer system:
Public or community
See Table 5-2.
water system and the
regional or an
approved community
sewer system:
2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit an
increase in the maximum number of dwelling units per net residential acre established in
subsection B of this section. Any lots created for zero lot line, attached, and multifamily dwellings
shall be so designated on the face of the plat or short plat.
3. In the local business district, the minimum lot size is intended to maintain the character of
the district and provide adequate space for off-street parking and landscaping.
4. The minimum lot sizes in the small and large convenience center districts and industrial
districts are intended to accommodate the large uses permitted in these districts and maintain
vacant land in relatively large parcels that can be easily assembled when development is
proposed.
D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a
particular zoning district. The intent of this standard is to prevent irregularly shaped lots along, and to
control access to, rights-of-way.
E. Concurrent Subdivision and Zoning Review Required. Any application for a long subdivision
which proposes a use or configuration of land or improvements requiring Class (2) or (3) review under
this title shall, at or prior to the filing of such application, also file an application for such review under
this title. Such application shall be heard by the hearing examiner concurrently with the subdivision
application using the procedures for Class (3) review.
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS
Page 8 of 12
Table 5-1. Design Requirements and Standards
..........................
SITE DESIGN
REQUIREMENTS
AND
STANDARDS
SR R-1 R-2
DEVELOPMENT
ON EXISTING
LOTS OR
_,.,.,..
PARCELS
LOT COVERAGE'
60%
STANDARD
FRONT
Arterials 2
60
STRUCTURE
-
-
Collector
SETBACKS s
50
Arterials z
(in feet)
_
...._.�.......�..�__..........
Local Access 2
45
Private Road 2
37.50
Private Access
Easement 3
SIDE
Arterials 2
50
Collector
Arterials 2
40
Local Access 2
Private Road 2
32.50
Private Access
Easement 3,
Alley, or
5
Property Line 7
Residential
District 4
5
REAR 6
Alley or
Property Line
15 15
Residential
District 4
MAXIMUM BUILDING
.
HEIGHT
�., ............
(in feet)
.._.__
35
_.....
STANDARD FENCE
HEIGHT
6
In Required
Front
Setbacks
ZONING DISTRICTS
R-3 HB B-1 B-2 I SCC I LCC I CBD
See YMC 15 05 020 and 1.5 19 0<
80% 85% 90%
4!
31
10
41
30
C
10
20
or 1/2 building height, wr
C
15
20
or 1/2 building height, wh
:L5'0 h
a50 3
_j
See YMC _115 05.0 0(G)
Not Permitted
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS
STANDARD I Behind Required Front
SCREEN Setbacks
HEIGHT
NOTES:
15
Page 9 of 12
1. Landscaping maybe required pursuant to YMC Ch. 15.06.
2, The setback is measured from the centerline of rights-of-way (or access easement, in the case of
private roads). In the residential districts, the minimum front yard setback shall be twenty feet from the
front property line and the minimum side yard setbacks shall be ten feet from the side property line
abutting the right-of-way.
3. The setback is measured from the edge of the access easement.
4. Measured from abutting residential district.
5. Additional setbacks may be required to conform to sitescreening requirements in YMC Ch. 15.07.
6. The rear setback from arterials, collectors, and local access streets shall be the same as the front yard
setback requirements from arterials, collectors, and local access streets, provided the required rear
setbacks shall not be less than the required setbacks from the property line. (See also Note 3)
7. Zero lot line dwelling units are allowed a zero -foot setback from one side property line not abutting a
right-of-way_ (See YMC Ch. 15.09).
Subdivision Requirements
Maximum Number of Dwelling Units
Permitted per Net Residential Acre
Minimum
Detached S.F,
Lot Size
Dwelling
(in
S.F. Dwelling,
square
Residential
Zero Lot Line (4)
feet)(3)
Uses
See
S.F. Dwelling,
Definitions in
Common Wall
YMC Ch.
Two -Family
15.02
Dwelling
Multifamily
Dwellings and
PD—Residential
Table 5-2. Subdivision Requirements
Zoning Districts
SR R-1 R-2 R-3 HB B-1 13-2 SCC LCC
See YMC Ch. 15.04, Table 4-1
6,000
4,000 f 3,500 1 6,000 Where Pe
8,000 1 7,000
Density May Not Exceed Maximum Number of Dwelling Units
Residential Acre
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS
Page 10 of 12
Zoning Districts
Subdivision Requirements _-
�SR � R -1—'7R-2 —[R-3 HBmmm B-1 B-2 SCC LCC 1(
10,000 5, 000 J 10,000
ALL Except
Common, Wall
Dwelling (tier 50 Non
Standard Lot Width(p)Unit)60
(in feet)
Common Wall
Dwelling (Per 50 35 35 Wher
Unit)
NOTES:
1. In the residential districts, these minimums apply when lots are served by a public or community water
system and either the regional or approved community sewer system.
2. The lot width at the rear line of the required front yard shall not be less than fifty feet. (Note: this
provision only applies to those districts with a minimum lot width of fifty feet or larger.)
3. One acre shall be the minimum lot size in residential districts within the floodplain and greenway
overlays.
4. See special development standards for zero lot line development, YMC .1.5 0 ,,, .40.
5. Lots created for utility purposes may be created below the minimum lot size listed in YMC Ch. 15.05,
Table 5-2, as long as the lot is designated as "nonbuildable lot for utility purposes" on the face of the plat
and the proposed lot is reviewed for compatibility. The lot must still meet the minimum lot width established
in YMC Ch. 15.05, Table 5-2, and structures built on the lot must still meet the setback requirements in
YMC Ch. 15.05, Table 5-1.
(Ord. 2012-34 §§ 3, 4, 2012; Ord. 2011-52 § 6, 2011: Ord. 2010-16 § 7, 2010: Ord. 2008-46 § 1 (part), 2008:
Ord. 2001-04 § 5 (Att. A), 2001; Ord. 95-13 § 6, 1995; Ord. 3106 § 13, 1988; Ord. 3019 §§ 24, 25, 1987;
Ord. 2947 § 1 (part), 1986).
15.05.040 Vision clearance.
A. Intersections. All corner lots at unsignalized street intersections or railroads shall maintain, for
safety vision purposes, a vision clearance triangle. The vision clearance triangle shall measure fifteen
feet by one hundred twenty feet along the perpendicular lengths formed by three points including:
1. A point at the intersection of the extended curb lines or pavement edge/travel lanes;
2. A point measured one hundred twenty feet from the first point, forming a line along the
adjacent perpendicular street curb line or pavement edge/travel lane; and
3. A point measured fifteen feet from the first point, forming a line.
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 11 of 12
Nothing within the vision clearance triangle shall be erected, placed, planted, or allowed to grow in
such a manner as to materially impede vision between the heights of two and one-half and ten feet
above the centerline of grades of intersecting streets (and/or railroads) or the future intersection
centerline where improvements are planned with the six-year road improvement program, on file in
the city engineering division. (See Figure 5-2.)
B. Driveway Curb Cuts or Alleys. This applies only to uses established under the terms of this title.
A vision clearance triangle shall be maintained at all driveways, curbcuts, and intersections of an alley
with a public street, for vision safety purposes. The vision clearance triangle shall measure fifteen feet
along the perpendicular street curb lines, pavement edge, or travel lane of the public street and fifteen
feet along the driveway or alley. The third side of the triangle shall be a straight line connecting the
fifteen -foot sides described above. No sign or associated landscaping shall be placed within this
triangle so as to materially impede vision between the heights of two and one-half and ten feet above
the centerline grade of the streets.
s"
Figure 5 -2
Vision Clearance
Tdanft
C
(Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 26,1993; Ord. 3106 § 14,1988: Ord. 2947 § 1 (part), 1986).
15.05.050 Street right-of-way dedication.
All new development shall dedicate, where necessary, street right-of-way in conformance with the
standards in the county/city subdivision ordinance and the arterial street plan adopted in the Yakima
urban area comprehensive plan, except that for application under the jurisdiction of the city of
Yakima, YMC Title 12 shall prevail over the provisions of this section to the extent of any conflict
between such provisions. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-13 § 49, 2001: Ord. 2947 § 1
(part), 1986).
15.05.055 New development improvement standards.
All development within the Yakima urban growth area (UGA) must meet the urban standards of
the city of Yakima including the following.
1. Fire apparatus access roads for multiple -family residential developments and one- or two-
family residential developments shall be subject to the provisions of Sections D106 and D107,
respectively, of Appendix D of the International Fire Code (2009 Edition). Additionally, such
residential developments shall be subject to the requirements of Section D105 of Appendix D,
International Fire Code (2009 Edition), pertaining to aerial fire apparatus roads, as applicable. All
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS Page 12 of 12
provisions of the International Fire Code referenced above are hereby adopted and incorporated
herein by this reference, as now existing or as hereafter amended and adopted by the city.
Minimum requirements for the primary and secondary access will be at least twenty feet wide,
unobstructed, paved lanes.
2. In order to promote safety for emergency access and circulation within and between new
developments, cul-de-sac streets (public or private) shall not exceed 600 feet. (Ord. 2012-34
§ 5, 2012: Ord. 2008-46 § 1 (part), 2008).
15.05.060 Administrative adjustment of certain basic development standards
allowed.
Administrative adjustment of some of the basic development standards in this chapter are authorized
under the zero lot line provisions of YMC Chapter '15,'09 and 1,1 5 10.. Except as allowed by those
provisions, no reduction of these standards is permitted except pursuant to YMC Chapter a'V_. (Ord.
2008-46 § 1 (pan:), 2008: Ord. 2947 § 1 (part), 1986).
The Yakima Municipal Code is current through Ordinance
2015.010, passed March 3, 2015.
Disclaimer: The City Clerk's Office has the official version of the
Yakima Municipal Code. Users should contact the City Clerk's
Office for ordinances passed subsequent to the ordinance cited
above.
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City Website: hri j,
City Telephone: (509) 575-6037
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Percentage of Low to32
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