HomeMy WebLinkAbout01/30/2007 Adjourned Meeting / Study Session 296
YAKIMA CITY COUNCIL
ADJOURNED MEETING /STUDY SESSION
JANUARY 30, 2007 - 8:00 A.M. — 9:30 A.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
1. Roll CaII
Present:
Council: Mayor Pro Tem Neil McClure, presiding, Council Members Ron
Bonlender, Micah Cawley (absent after 9:00 a.m.), Bill Lover, and Susan
Whitman
Staff: City Manager Zais, Doug Maples, City Attorney Paolella and City
Clerk Moore
Absent: Dave Edler, Norm Johnson (excused)
2. Study Session regarding updating the City of Yakima's Development
Regulations
A. Staff overview of 2007 work plan to update development regulations
B. Required updates
Doug Maples, Planning and Code Administration Manager, introduced the 2007 work
plan to update the 2007 development regulations as the result of the Comprehensive
Plan update. Planned areas of work are:
• Correct the Zoning Code and the Comprehensive Plan (currently not in sync)
• Complete the Critical Areas Ordinance (mandated by year end)
• Airport overlay
• Institutional overlay
• Remap new designations in the Comprehensive Plan
• Align zoning components to correspond with the Comp Plan designations for
zoning districts
Bruce Benson, Planning Supervisor, presented an idea of looking at commercial
zoning definitions and designations in the same manner as residential, e.g. C -1
through C -6 similar to R -1, R -2, R -3. The downtown area would be the highest level of
zoning.
As commercial development moves closer and closer to residential areas, with the
Comprehensive Plan as the driving force, how do they blend? Mr. Benson gave some
history of zoning, e.g. it started 3,000 years ago in Egypt and, in the United States,
grew out of tenement laws. In 1916, New York City adopted the first zoning
ordinances which were under constant attack by the courts until it reached the
Supreme Court in 1926. Euclidian zoning came from the Euclid versus Amber
decision, where you create a district, define boundaries and then permit certain uses
within those boundaries. Since the early 1990's there has been a new form of zoning,
form -based zoning, used particularly on the east coast. It moves away from
delineation of lines on a map, and is based on the desired look of the community. The
basis is, as long as things seem to blend together, it doesn't matter what goes on
inside of the building. It doesn't restrict uses, but rather restricts what they look like.
Staff is looking at our old Euclidean zoning to see if we can arrive at what Council is
looking for in the city.
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C. Council discussion of other development regulation update opportunities
Seven questions were reviewed with Council to obtain guidance and define
Council philosophy:
1. Is the city too densely developed?
Council Member Bonlender: As a whole, no, but in the downtown area where •
there are grand old houses mixed in with 8- 10- 15 -plex apartment complexes,
yes. The overall look that could be expected on an arterial is to be anchored by
a 20 -plex, but as you go into the neighborhood, you shouldn't see them.
Council Member McClure: The question of being too densely populated is not the
way to judge, but ask if the density is supported. It is having the standards
wrapped around that density that is important.
Council Member Lover: Density of population and density of development are
two different things, we do have population densities that shouldn't be there.
Population is not necessarily indicative of development. How much illegal
development is going on in these areas?
2. Does the City of Yakima allow too much activity /development within
individual zoning districts?
Council Member McClure: Within our districts, we allow a wide level of standards
so a neighbor may not know what his neighborhood is going to look like; how a
development is going to impact him. There are many decisions made by the
Hearing Examiner who is reviewing it on a case -by -case basis. If a neighbor
hadn't noticed this was coming and hadn't gone in front of the Hearing Examiner,
there may not be strong mitigation measures against that development. Yet
where someone has paid attention, it could be highly mitigated, causing a wide
variety of quality. I would rather see the activity within a zoning district better
understood at the beginning to avoid the need for strong mitigation to make it
work. As it exists now, we allow too much variance within the same zoning
without necessarily good mitigation.
Mr. Maples expounded on that point, noting that if you are in an R -1 zone there
are many different land uses that can be authorized; under a Class 2 review a
duplex can be put into a single family neighborhood, or under Class 3, multi-
family can be put in that same neighborhood. He questioned whether we should
maintain that level of flexibility. Discussion continued on the distinction between
zoning and development standards. Ken Harper, Land Use Attorney, noted that
the more predictable you make a zoning district, the more difficult it is for other
developers to achieve flexibility.
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ADJOURNED MEETING — DEVELOPMENT REGULATIONS
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3. Does the city's current zoning ordinance provide too much
administrative discretion or not enough?
Currently, there are three levels of review. If something is a Class 1 use it is
permitted outright, unless it has an overlay like airport, greenway, etc.
Otherwise, for the most part, the plans are reviewed and there is no opportunity
for public comment. ,A Class 2 use has an administrative review with the final
decision made by the Code Administration /Planning Manager. Class 3 is the
highest level review and requires Hearing Examiner review and a public hearing.
Council commented that predictability is critical yet if it's too rigid, it impacts
development. Council Member McClure would like to move to a little more
predictability.
4. Does the City of Yakima require too much or not enough review for new
development?
Council Member McClure: Review is critically important if we allow too much
flexibility. If we're really flexible, some will say there is never enough review. Yet
if it is totally predictable, you don't need as much review, except for the
developer.
5. Do current City of Yakima regulations encourage /require safe and
attractive new development?
Council Member Bonlender: This refers to standards and everyone prospers
from a higher standard. Our regulations should encourage safety. Currently we
don't have enough.
Council Member McClure: We get in trouble with this because we don't have
regulations that would make for better development. Some of our R -2 and R -3
development is horrid and detracts from our neighborhoods. If we had strong
development regulations, we could have effective multi - family housing abutting
R -1 and R -2. I would like to see stronger development regulations in our
commercial and multi - family categories, making it much more predictable.
Council Member Whitman: I would like to see improvement in this area.
Council Member Lover: Suggested that the developers should be involved in this
discussion.
6. Is the cost of new development in Yakima higher than it should be due
to regulations?
• A lengthy discussion covered the components that make up the cost of
development. Impact fees were also discussed in detail.
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7. Are there examples of development regulations in other jurisdictions
that the City Council would like to see in Yakima?
Generally, the answer was yes. It would be beneficial to review what has and
has not worked for other cities. Council Member McClure asked for examples of
"form- based" regulations. Council Member Whitman asked to review letters and
forms used by Codes to ensure the City's processes are clear.
D. Next steps
Staff will take the Council's comments and look at our regulations, primarily around
zoning districts, titles, and definitions. They will also look at the mapping with the
Regional Planning Commission (RPC). It will go through a public hearing with the RPC
in July and their recommendations will be brought before a joint meeting with
City /County officials.
3. Audience comments (9:15 a.m. — 9:30 a.m.)
Lynne Kittleson said she would submit her comments in writing.
4. Adjournment
The meeting adjourned at 9:20 a.m.
READ AND CERTIFIED ACCURATE BY:
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COUNCIL MEMBER DATE
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NCI EMBER DATE
ATTEST:
O
CITY CLERK NEIL McCLU - `MAYOR . PRO TEM
Minutes prepared by Linda Watkins. An audio of this meeting is available in the City Clerk's Office
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