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HomeMy WebLinkAbout2019-045 Environmental Policy, YMC Ch. 6.88 - Open Record Public HearingAN ORDINANCE ORDINANCE NO. 2019-045 amending Yakima Municipal Code Chapter 6.88 — Environmental Policy to incorporate text amendments recommended by the City of Yakima Planning Commission WHEREAS, the Planning Commission of the City of Yakima has considered amendments to modify YMC Chapter 6.88 — Environmental Policy; and WHEREAS, notice of all amendments to YMC Section 6.88.070 hereinafter "Amendments," to fulfill the requirements of RCW 36.70A.130 was sent to the Washington State Department of Commerce and received by the same on September 12, 2019; and WHEREAS, the Planning Commission held twelve study sessions for these amendments on January 23, 2019; February 27, 2019; March 27, 2019; April 10, 2019; April 24, 2019; May 8, 2019; May 22, 2019; June 12, 2019; June 26, 2019; July 24, 2019; August 14, 2019; and August 28, 2019; and WHEREAS, the Planning Commission held open record public hearing on October 23, 2019, pursuant to notice and has received and considered all evidence and testimony presented; and WHEREAS, the Planning Commission, having conducted such public hearing, found, determined, and recommended that the City Council approve such amendments as indicated in the signed recommendation dated November 1, 2019; and WHEREAS, the City Council held a public hearing on December 3, 2019 pursuant to notice to consider such amendments as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein, the testimony provided at the public hearing, and the recommendation from the Planning Commission, hereby finds and determines that approval of these amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Amendments to Replace and Supersede. The proposed amendments to YMC Section 6.88.070, as contained in Exhibit "A" respectively attached hereto and fully incorporated herein, shall replace and supersede previous versions of the referenced documents. Section 2. Adoption of Planning Commission Findings. The findings within the November 1, 2019 Signed Yakima Planning Commission's Recommendation, regarding this proposed text amendments are hereby adopted by the Yakima City Council as its findings in support thereof pursuant to YMC § 16.10.080, and are incorporated herein by this reference as if fully set forth herein. Section 3. SeverabilityNalidity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of December, 2019. ATTEST: f City Cler Publication Date: December 6, 2019 Effective Date: January 5, 2020 Exhibit "A" 6.88.070 Flexible threshold for categorical exemptions. A. Effective April 7, 1986, the city establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions: 1. For residential dwelling units in WAC 197-11-800(1)(b)(i): a. Sixty dwelling units for Duplex and Multifamily residential development; b. Thirty dwelling units for Single Family Residential Development; 2. For agricultural structures in WAC 197-11-800(1)(b)(ii): a. Thirty thousand square feet in the SR, M-1 and M-2 zoning districts; b. Ten thousand square feet in all other zoning districts; 3. For office, school, commercial, recreational, service or storage buildings in WAC 197- 11-800(1)(b)(iii): a. Neither more than thirty thousand square feet nor more than ninety parking spaces in all zoning districts; 4. For infill development consistent with the City of Yakima Comprehensive Plan and RCW 43.21 C.229: a. Residential Development up to 100 dwelling units in the GC and CBD zoning districts, and land in the R-3 zoning district located adjacent to a Principal Arterial. b. Mixed Use Development up to 100 dwelling units on upper floors in the GC and CBD zoning districts. 5. For parking lots in WAC 197-11-800(1)(b)(iv): a. Ninety parking spaces in the R-3, B-1, B-2, SCC, LCC, AS, CBD, GC, RD, M-1 and M-2 zoning districts; b. Twenty parking spaces in all other zoning districts; 6. For landfills and excavations in WAC 197-11- 800(1)(b)(v): a. Five hundred cubic yards in all zoning districts. 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 8. For Meeting of: December 3, 2019 Open record public hearing and Ordinances to consider the Yakima Planning Commission's recommendations regarding proposed text amendments to YMC Chapter 6.88 Environmental Policy, Title 14 Subdivisions, and Title 15 Urban Area Zoning Ordinance Joan Davenport, Al CP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: The City of Yakima Planning Commission, after holding several study sessions throughout 2019 and conducting an open record public hearing on October 23, 2019, is recommending text amendments to YMC Chapter 6.88 and Titles 14 and 15. The text amendments include the following: 1. YMC § 15.02.020 — Definitions a. Modification to Accessory Dwelling Unit for consistency with YMC § 15.09.045. b. New definition for Congregate Living Facility and removal of Boardinghouse. c. Modification to Dwelling multiple -Family. d. Modification of Bed and Breakfast. 2. YMC § 15.03.020(B) — R-1 District Intent Statement a. Modification to allow a density of up to seven dwelling units per acre, regardless of dwelling type 3. YMC § 15.04.030, Table 4-1 — Permitted Land Uses a. Several changes to zones where different housing types can locate and modification to levels of review. 4. YMC § 15.04.060 — Accessory Uses a. Correction to the allowed number of pets that can be kept at a residence. 5. YMC § 15.04.080 — Drive -through facilities a. No substantive change, clarification to language for clarity. 2 6. YMC § 15.04.120 — Home Occupations a. Modifying "Bed and Breakfast" to "Short Term Rental" consistent with the definition change in YMC § 15.02.020; and reducing the level of review from Class 2 to Class 1. b. Adding clarifying language to what constitutes a "primary residence." c. Removal of "Firearm sales and/or gunsmith" as a prohibited use. 7. YMC § 15.06.040 — Off-street parking standards a. Land use name changes consistent with the remaining changes contemplated in this text amendment cycle. b. New parking standard for Congregate Living Facility. c. Cleanup of redundant land uses in the parking table. The "default" parking standard for uses not listed in the table is 1 space for every 300 square feet. Uses in the table with a 1:300 standard were therefore removed. 8. YMC Ch. 15.09 — Special Development Standards a. Add new purpose section to 15.09.010 that is applicable to the whole chapter and move previous purpose section to 15.09.020 which is specific to the district overlays. b. Modifications to 15.09.045 Accessory Dwelling Units. i. Use is permitted on all parcels containing single family dwellings ii. Maximum floor area of 1,000 square feet Hi. Clarification of sewer and water requirements and subdivision restrictions c. Modification to 15.09.050, requiring compliance with emissions standards for new and existing uses. d. Modifications to 15.09.080. i. Changing "Bed and Breakfast" to "Short Term Rental" ii. Requiring compliance with YMC 15.04 for Short Term Rental Home Occupations iii. Adding additional requirements related to the exterior and interior condition of the residence, traffic, and business licensing. e. Modification to 15.09.210 — Special requirements for retaining walls. Relying on materials certified by a professional engineer. 9. YMC § 15.11.020 —Application requirements. a. Citation clarification to the public notice table. 10. YMC § 15.17.020 — Modification to permitted development and uses regulated and YMC § 15.19.050 — Continuation of nonconforming uses. a. Minor change to both the Modification and Nonconforming Chapters to allow existing nonconforming single-family homes to expand above the 50% maximum if applicable setback and lot coverage standards are met. 11. YMC § 6.88.070 a. SEPAexemptions are proposed to be increased to the maximum levels allowed for jurisdictions planning under the Growth Management Act (GMA). b. Additional exemptions for infill development are proposed consistent with the Yakima Comprehensive Plan and RCW 43.21C.229. 12. YMC § 14.25.040 — Lot design. a. Minor change allowing private streets as part of a new Short Subdivision or Subdivision. The Yakima Planning Commission held a public hearing on October 23, 2019, and recommended 3 approval of the proposed amendments. The Chair signed the recommendation findings on November 1, 2019. Council was provided a complete printed version of the record for review (Council --please bring your binder to the meeting) ahead of the open record public hearing on December 3, 2019. The Public Hearing notice has been provided to all Yakima -area media, including Tu Decides, KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinances ATTACHMENTS: Description Upload Date Type D Ordinance Tile 15 11118'2019 Ordnance D Crdinaree Title 1a 1111412019 Ordnance D Ordinance CM. 6.88 11119(2019 Ordinance © Teict Amendment Track Clung s, 11114'2019 Backue Material