HomeMy WebLinkAbout2014-027 SCC Small Convenience Center Zoning District Moratorium ORDINANCE NO. 2014 -027
AN ORDINANCE of the City of Yakima, Washington, adopting a six -month moratorium of
the filing, acceptance, processing and issuance of development
applications and permits for, and the location of, land uses operating or
conducting mission, community center, boarding house, comprehensive
community health center, and multi - purpose community center uses
within the SCC Small Convenience Center zoning district; exempting land
uses for which a complete building or development permit application was
pending upon the effective date of this ordinance and which constitutes a
vested right under law, or which were legally in existence at such time, or
are otherwise exempt pursuant to RCW 35.21.915; directing development
of comprehensive zoning and land use regulations pertaining to mission,
community center, boarding house, halfway house, comprehensive
community health center, and multi - purpose community center uses;
providing that the moratorium shall be in effect for six months, through
May 19, 2015; setting public hearing on moratorium for November 18,
2014.
WHEREAS, in conformance with the Growth Management Act of the State of
Washington, the City of Yakima ( "City ") is required to develop, adopt, implement and review a
comprehensive plan, as well as a zoning code and development regulations consistent with that
plan; and
WHEREAS, the City has previously adopted ordinances codified at Title 15 YMC
establishing zoning districts and defining, designating and classifying land uses permitted within
such zoning districts ( "Urban Area Zoning Ordinance" or "UAZO "); and
WHEREAS, the City has received inquiries and a request for interpretation pursuant to
Chapter 15.22 YMC, concerning whether or not a facility operated by a public agency or
nonprofit corporation, providing a variety of services for the disadvantaged, including but not
limited to temporary housing for the homeless, extreme weather shelters for the homeless,
dining or food service facilities, food banks, and health and counseling services for the
homeless and disadvantaged members of the community, should be considered a permitted
use in the SCC Small Convenience Center zoning district as a "community center" or other
analogous use; and
WHEREAS, YMC 15.02.020 currently defines "community center" as "a facility owned and
operated by a public agency or nonprofit corporation, provided the principal use of the facility is
for public assistance, community improvement, or public assembly," which definition does not
specifically include or define uses such as temporary housing for the homeless, extreme
weather shelters for the homeless, dining or food service facilities, food banks, and health and
counseling services for the homeless and disadvantaged members of the community; and
WHEREAS, in 1992 the hearing examiner issued UAZO Interpretation No. 1 -92 (Examiner
No. 192 -5 -2), with regard to a Request for Interpretation submitted concerning the Union Gospel
Mission. The Union Gospel Mission proposed to relocate and develop property within the
Central Business District (CBD) and Central Business District Support (CBDS) zoning districts.
The Interpretation, issued February 27, 1992, determined that the scope of services and uses
provided by the Union Gospel Mission, including temporary housing for the homeless, dining
facilities, and provision of health and counseling services, was not adequately described within
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either the definition of "community center" and "boarding house." The proposed scope of
services and use included elements of both types of use. Consequently, the hearing examiner
adopted and defined a new use category for "Mission." The definition of "Mission" as stated by .
the hearing examiner is as follows:
Mission means a facility typically owned or operated by a public agency or non - profit
corporation, providing a variety of services for the disadvantaged, typically including but
not limited to temporary housing for the homeless, dining facilities, health and counseling
activities, whether or not of a spiritual nature, with such services being generally
provided to the community at large.
The hearing examiner concluded that such "Mission" use would be a Class (2) use within the
CBD and CBDS zoning districts, and by subsequent Interpretation, a permitted Class (2) use
within the M -1 Light Industrial zoning district; and
WHEREAS, the hearing examiner interpretation described above did not examine
whether the "Mission" use should be deemed a permitted use in any other zoning district of the
City; and
WHEREAS, while the hearing examiner Interpretations issued pursuant to Chapter
15.22 YMC serve as precedent for permitted uses within specific zoning districts of the City as
authorized by the hearing examiner, the City Council has not amended the UAZO to alter and /or
adopt the hearing examiner's definition and classification of "Mission" as a permitted use in any
zoning district of the City. Such use has not been codified in YMC 15.02.020 or listed as a
specific use in Table 4 -1, YMC 15.04.030; and
WHEREAS, the City Council finds and determines that, while Table 4 -1 set forth in YMC
15.04.030 lists "community center" as a Class (2) permitted use in the Small Convenience
Center (SCC) zoning district, other "health and human service facility" uses such as boarding
houses, group homes, halfway house, adult family homes, convalescent and nursing homes,
are not permitted within such zoning district; and
WHEREAS, the City Council finds and determines that more time is necessary to
research all issues associated with "Mission" uses and the uses described above, including
development or revision of appropriate definitions, development of land use regulations
associated with such uses, research and review of applicable laws, and consideration of
appropriate zoning districts for location of such uses; and
WHEREAS, the City is currently undergoing a review of plans for development of
community facilities and improvements within the central downtown area, together with the
promotion of economic development opportunities, business and retail enhancement,
government and professional offices, parking and transportation facilities, and social service
facilities serving the downtown and the community; and
WHEREAS, the City Council finds and determines that more time is needed to develop
and implement comprehensive land use regulations governing mission uses, including
designation of appropriate zoning districts for such uses, so that regulation and location of such
uses can be coordinated as, part of the overall development of the downtown and other zoning
districts of the City, in order to promote the general health, safety and welfare; and
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WHEREAS, the City Council finds and determines that the current land use and zoning
codes of the City do not adequately define or establish land use regulations concerning such
"mission" uses within the SCC Small Convenience Center zoning district and other zoning
districts within the City of Yakima; and
WHEREAS, residents of the City of Yakima would be well served if the City Council and
City staff could more fully understand and address potential negative secondary effects of such
mission uses, in the form of health, safety, economic, environmental and aesthetic impacts that
these uses could impose upon neighboring properties and the community as a whole; and
WHEREAS, the City needs to review existing information on any negative secondary
effects of mission uses, and to review the City's codes and ordinances in a comprehensive
fashion to determine whether they sufficiently address the secondary effects of such uses and
appropriately balance the interests of those in need of temporary housing, shelter, food,
counseling and health services, and the service providers available to meet the temporary
housing needs, health services, food and care of such homeless people and disadvantaged
people within the community; and
WHEREAS, the City Council finds that the City's land use integrity and the state Growth
Management Act planning process will suffer significant harm unless applications for licenses,
permits and approvals for mission uses are halted until the planning process is completed; and
WHEREAS, the City Council finds that protection of the health, safety and welfare
supports establishment of a moratorium on acceptance and processing of applications for
licenses, permits and approvals, and on issuance of licenses, permits and approvals for,
"mission" uses within the SCC Small Convenience Center zoning district, with "mission uses" as
defined in UAZO Interpretation No. 1 -92 (Examiner No. 192 -5 -2) set forth above, and including
"community center," and "boarding house" uses as such terms are defined in YMC 15.20.020,
and "multi- purpose community centers" as defined in RCW 35.59.010 and regulated pursuant to
Chapter 35.59 RCW, and "comprehensive community health centers" as defined pursuant to
RCW 70.10.020 (hereafter collectively described as "mission uses "); and
WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorize the City to adopt a
moratorium on development permits and approvals for mission uses and thereafter to hold a
public hearing on the moratorium to be held within sixty (60) days of the commencement of the
moratorium; and
WHEREAS, the City Council finds that the enactment of this Ordinance is warranted due
to the pendency of requests for interpretation of mission uses within the SCC -Small
Convenience Center zoning district and probable submission of application(s) for building
permits for such mission uses, uses for which the City Council has had no sufficient opportunity
to consider, develop and adopt appropriate comprehensive regulation and zoning; and
WHEREAS, this moratorium is further supported by the unnecessary burden and
infringement placed on persons, nonprofit organizations and agencies desiring to process
applications for mission uses within the City of Yakima under a regulatory process that is ill -
suited to review the health, safety, environmental, zoning, infrastructure and community issues
involved in such applications; and
WHEREAS, a moratorium on the acceptance, processing and issuance of permits for
mission uses is necessary to enable the City Council to formulate a comprehensive permitting
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process which addresses impacts, mitigation requirements, zoning for potential siting, and other
requirements and standards to protect and benefit the public interest; and
WHEREAS, the City Council authorizes and directs the City Manager to review existing
City codes and zoning regulations, further study the effects resulting from any approval of
mission uses, prepare comprehensive proposed amendments to the City codes and zoning
regulations to address the effects of such uses, to confer with community members and City
advisory commissions, including public hearing before the Planning Commission, as
appropriate, and to present recommended legislation addressing such issues to the City Council
for consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on November 18, 2014, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and
WHEREAS, notwithstanding the term of six months set forth above for the moratorium
adopted herein, this moratorium may be (a) modified by the City Council in accordance with
applicable law; (b) extended for additional term(s) of six months upon action following public
hearing and adoption of findings in support thereof; (c) terminated by the City Council upon
adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for
any reason deemed necessary or appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Moratorium Established. A moratorium is imposed upon acceptance and
processing of applications for licenses, permits and approvals for, and on issuance of licenses,
permits and approvals for, "mission" uses within the SCC Small Convenience Center zoning
district, with "mission uses" as defined in UAZO Interpretation No. 1 -92 (Examiner No. 192 -5 -2),
and as set forth below. "Mission uses" for purposes of this section also includes "community
center," and "boarding house" uses as such terms are defined in YMC 15.20.020, and "multi-
purpose community centers" as defined in RCW 35.59.010 and regulated pursuant to Chapter
35.59 RCW, and "comprehensive community health centers" as defined pursuant to RCW
70.10.020 (hereafter collectively described as "mission uses "), as those terms are defined and
used in the City of Yakima Municipal Code and below, and as those terms are commonly
understood:
Mission: "Mission" means a facility typically owned or operated by a public agency or
non - profit corporation, providing a variety of services for the disadvantaged, typically
including but not limited to temporary housing for the homeless, dining facilities, health
and counseling activities, whether or not of a spiritual nature, with such services being
generally provided to the community at large.
Boarding House. "Boardinghouse" or "Boarding House" means an establishment
providing both lodging and meals for not more than ten persons residing in the facility on
a permanent or semi - permanent basis.
Community Center. "Community Center" means a facility owned and operated by a
public agency or nonprofit corporation, provided the principal use of the facility is for
public assistance, community improvement, or public assembly.
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Comprehensive Community Health Center. "Comprehensive community health
center" means a health facility housing community health, mental health, and
developmental disabilities services, as further defined in RCW 70.10.020.
Multi- purpose Community Center. "Multi- purpose Community Center" means the
lands, interests in lands, property, property rights, equipment, buildings, structures and
other improvements developed as an integrated, multi - purpose, public facility on a single
site or immediately adjacent sites for the housing and furnishing of any combination of
the following community or public services or facilities: Administrative, legislative or
judicial offices and chambers of any municipality, public health facilities, public safety
facilities including without limitation, adult and juvenile detention facilities, fire and police
stations, public halls, auditoria, libraries and museums, public facilities for the teaching,
practice or exhibition of arts and crafts, educational facilities, playfields, playgrounds,
parks, indoor and outdoor sports and recreation facilities. The term multi - purpose
community center shall also mean and include walks, ramps, bridges, terminal and
parking facilities for private vehicles and public transportation vehicles and systems,
utilities, accessories, landscaping, and appurtenances incident to and necessary for
such centers, all as defined and stated in RCW 35.59.010.
Section 2. Exemption — Vested Rights. This moratorium specifically exempts any
application for building, development or land uses for which a complete building or development
permit application was pending upon the effective date of this ordinance and which constitutes a
vested right under law, or which were legally in existence at such time, or are otherwise exempt
pursuant to RCW 35.21.915 and any mission use or use defined in Section 1 above lawfully
existing as of the effective date of this moratorium, and any other use otherwise lawful pursuant
to RCW 35.21.915.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public
hearing will be held on Tuesday, November 18, 2014, for the purpose of taking testimony and, if
this ordinance is passed, adopting written findings and conclusions justifying the moratorium
established by this ordinance.
Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance
shall become effective thirty (30) days after passage, approval and publication of this ordinance,
and shall remain in effect for six months, through May 19, 2015, subject to adoption of findings
and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the
adoption of permanent regulations governing the location, land use and regulation of mission
uses and the uses defined in Section 1 above. Notwithstanding the above, this moratorium may
be extended as provided in RCW 36.70A.390 and RCW 35.63.200.
Section 5. Direction to Develop Comprehensive Regulation Ordinance. The City
Council hereby authorizes and directs the City Manager to develop a comprehensive ordinance
regulating land uses for missions and the uses described in Section 1 above, which shall be
presented to the City Council on the earliest possible date. The City Manager is encouraged to
seek input from appropriate City staff, homeless service providers, service recipients, other
commissions and boards of the City, other governmental agencies and members of the public.
Section 6. Subjects for Consideration. Without limitation, the City Manager is
encouraged to consider all subjects relevant to the land uses set forth in Section 1 above, •
including but not limited to: appropriate business license requirements; law enforcement effects
and needs; safety of employees, patrons and the public; compatibility with community needs;
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appropriate or necessary zoning or siting requirements; appropriate or necessary building
requirements; and any other matter deemed necessary or appropriate to preserve, promote and
protect the general health, safety and welfare.
Section 7. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 8. Effective Date. This ordinance shall be in full force and effect thirty (30)
days after passage, approval and publication as provided by law and the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21 day of October, 2014.
Mica w i y, Mayor
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Publication Date: October 24, 201, v '
Effective Date: November 23, 2014
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