HomeMy WebLinkAbout2014-030 Community Gardens; UAZO Text AmendmentsDecember 22, 2014
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FILE# 7859152
YAKIMA COUNTY, WA
12/23/2014 10:35:13AM
ORDINANCE
PAGES: 8
CITY OF YAKIMA PLANNING
Recording Fee: 79.00
Ordinance No. 2014-030
2014 Text Amendment to the Yakima Urban Area
Zoning Ordinance, Title 15 of the Yakima Municipal
Code
Grantor City of Yakima
Grantee The Public
ABBREVIATED DESCRIPTION:
Ordinance concerning amending the following sections of Title 15 of the City of
Yakima Municipal Code 15 04 Table 4-1
PARCEL NUMBERS: Not applicable This is a regulatory policy
1
11
AN ORDINANCE
ORDINANCE NO. 2014-030
relating to the regulation of Community Gardens and
establishing land use and development standards in
several sections of the Yakima Municipal Code (YMC) Title
15 Urban Area Zoning Ordinance
WHEREAS, the Planning Commission of the City of Yakima has considered
certain amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of
land use and development in the City of Yakima; and
WHEREAS, On May 14, 2014 the Planning Commission of the City of Yakima
docketed the proposed 2014 Comprehensive Plan map amendments (CPAs) and
proposed Yakima Urban Area Zoning Ordinance (UAZO) text amendments; and
WHEREAS, one UAZO text amendment for the inclusion of Community Gardens
to YMC Title 15 and Table 4-1, Table of Permitted Land Uses; and
WHEREAS, the City Planning Division staff conducted four study sessions with
the Planning Commission and one study session with the City Council's Built
Environment Committee regarding the proposed UAZO text amendment, including but
not limited to, May 28, 2014, June 11, 2014, June 19, 2014, June 25, 2014, and July 9,
2014; and
WHEREAS, the Planning Commission held an open record public hearing on
October 8, 2014, pursuant to notice, and 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 the text amendment
as presented (or with the following changes); and
WHEREAS, the City Council, having received the findings, conclusions and
recommendation of the Planning Commission, together with the record herein, and
having received and considered all evidence, testimony and comment presented at a
public hearing conducted November 18, 2014, pursuant to notice duly published, hereby
finds and concludes:
(a) The Findings of Fact, Conclusions of Law and Recommendation of the
Planning Commission, dated October 22, 2014, are hereby received and adopted
by this reference as the Findings of Fact and Conclusions of Law of the City
Council;
(b) All procedural provisions of the Yakima Municipal Code pertaining to
amendment of YMC Title 15 have been met and satisfied; and
WHEREAS, the City Council finds and determines that such Chapter 15.04
YMC should be amended to add new provisions regulating Community Gardens within
the City of Yakima; and
WHEREAS, the City Council finds and determines that YMC 15.04 should be
amended as shown and set forth herein, hereto and by this reference incorporated
herein, and that Table 4-1 set forth in YMC 15.04.030 should be amended by this
reference incorporated herein; and that such amendments are in the best interest of
residents of the City of Yakima and will promote the general health, safety and welfare;
now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.02 Definitions of the City of Yakima Municipal Code is
hereby amended to add a definition for community gardens which shall read as follows:
"Community Garden" means:
• Privately or publicly owned land that is used by multiple users who
may or may not have ownership of the property;
• May be divided into separate plots, for the cultivation of fruits,
vegetables, plants, flowers, or herbs;
• Common areas associated with the garden are maintained by
group members;
• The produce or goods grown on site are not for commercial sale;
• A community garden is different than a "collective garden" that is
used for the growing of marijuana plants; and no marijuana shall
be grown on a community garden plot;
• A community garden is separate from the use of "Agriculture" as
defined and regulated under YMC § 15.02 and 15.04.030, Table
4-1, and is different than a privately maintained garden that is
associated with a principal use and regulated in accordance with
YMC § 15.04.060 (A); and
• Structures and buildings associated with a community garden are
considered "Accessory Uses" to a principal use, and shall comply
with the provisions of YMC Title 15, and the International Fire and
Building Codes.
Section 2. Section 15.04 Table 4-1, Permitted Land Uses, of the City of Yakima
Municipal Code is hereby amended to add the following land use categories and levels
of review under the category of Community Services:
Section 3. Section 15.04.060 Accessory uses of the City of Yakima Municipal
Code is hereby amended to read as follows:
G. Community Gardens. Community Gardens (accessory to an approved
principal use) are considered an accessory use to a principal use in all zoning districts,
provided, the garden is clearly secondary to, supportive of, and compatible with, the
principal use with regard to size and use. The land use classification and review
requirements of an accessory Community Garden shall follow the Type (1) Review
requirements of YMC 15.13, and shall otherwise comply with all other provisions of the
Yakima Municipal Code, and International Fire and Building Codes.
Section 4. Section 15.09.120 Community Garden Development Standards of
the City of Yakima Municipal Code is hereby established to read as follows:
15.09.120 Community Garden Development Standards
A. Purpose. The purpose of this section is to establish minimal development
standards for community gardens which allow private groups or neighborhoods
to use privately or publicly owned lands to establish a garden for the cultivation of
fruits, vegetables, plants, flowers, or herbs that is maintained by the group
Community Services
Zoning District
SR
R-1
R-2
R-3
B-1
B-2
HB
SCC
LCC
A
S
GC
CB
D
R
D
M-
1
M-
2
Community Gardens* (If
accessory to an approved
principal use). (See YMC §
15.04.060 (G))
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens* (with
planting area of .25 acres or
less).
1
1
1
1
1
1
1
1
1
1
1
1
Community Gardens* (with
planting area of more than
.25 acres and up to .5 acres).
2
2
2
2
2
2
2
2
2
1
2
2
Community Gardens* (with
planting area of more than .5
acres up to 1 acre).
2
2
2
2
2
2
2
2
2
2
2
2
Section 3. Section 15.04.060 Accessory uses of the City of Yakima Municipal
Code is hereby amended to read as follows:
G. Community Gardens. Community Gardens (accessory to an approved
principal use) are considered an accessory use to a principal use in all zoning districts,
provided, the garden is clearly secondary to, supportive of, and compatible with, the
principal use with regard to size and use. The land use classification and review
requirements of an accessory Community Garden shall follow the Type (1) Review
requirements of YMC 15.13, and shall otherwise comply with all other provisions of the
Yakima Municipal Code, and International Fire and Building Codes.
Section 4. Section 15.09.120 Community Garden Development Standards of
the City of Yakima Municipal Code is hereby established to read as follows:
15.09.120 Community Garden Development Standards
A. Purpose. The purpose of this section is to establish minimal development
standards for community gardens which allow private groups or neighborhoods
to use privately or publicly owned lands to establish a garden for the cultivation of
fruits, vegetables, plants, flowers, or herbs that is maintained by the group
members who may or may not have ownership in the subject property. These
standards are intended to assure that the established community gardens are
compatible with adjoining land uses, the character of the district in which they are
located, and will not otherwise have any un-mitigated negative environmental
impacts.
B. Review Process. Community Gardens shall follow either the Type (1) or
Type (2) Review processes as specified by YMC § 15.13, 15.14, and 15.04 Table
4-1 Permitted Land Uses.
C. Additional Type (1) & (2) Review submittal requirements for Community
Gardens. Applications for Community Gardens shall include, but is not limited
to, a "Memorandum of Understanding (MOU)" or "agreement" between the City
and Applicant, which includes the following elements:
1. Right of Operating/Use Agreement, between the property owner and
sponsoring organization, which includes: term of use, location and size of
planting area(s), and supporting uses and/or structures. These items shall be
shown on a site plan that meets the requirements of the Site Plan Checklist,
specified in YMC § 15.11.
a. The term of the above required right of operating/use agreement shall
be a minimum of one year; however none of the implementing
regulations which govern Community Gardens shall prevent an
applicant from submitting an agreement with a term that extends
beyond this minimum requirement.
2. Sponsoring organization name, contact information, etc.;
3. Rules established for the prohibition of selling goods and produce grown on-
site: i.e. produce grown on-site may not be sold;
4. Rules established for the use of herbicides, pesticides, and chemical
fertilizers should be contained on-site, and used in accordance with label
instructions and generally accepted horticultural practices;
5. Maintenance procedures and regulations established for the control of
weeds, garbage, standing water, odors associated with composting, the
identification of how garden waste will be dealt with (on-site composting or
hauled away), and the proposed winterization of the garden;
6. Water/irrigation: indication of method of providing water (i.e. certificate of
availability), and indication of water run-off prevention;
7. Rules established for the use of equipment/tools, sheds (storage of
hazardous materials i.e. fertilizers), and other structures;
8. Hours of operation which conform to the provisions of YMC § 6.04.180(E) in
terms of hours of operation, and intensity of noise.
D. Required Parking.
1. Total Number of Required Parking Spaces: The total number of required
parking space for each type of Community Garden shall be as follows:
a) Community Gardens (accessory to an approved principal use) —
None (0)
b) Community Gardens (with planting area of .25 acres or Tess) — None
(0)
c) Community Gardens (with planting area of more than .25 acres and
up to .5 acres) - Two (2) spaces
d) Community Gardens (with planting area of more than .5 acres up to
one acre) - Four (4) spaces
2. Surfacing: Required parking for Community Gardens shall consist of an
unpaved surface of compacted gravel.
3. Dimensions: The area of each parking space shall be no smaller than 9
feet x 19 feet.
4. Shared Parking: Community Gardens may share parking with a nearby
use/business in accordance with YMC § 15.06.050.
5. Administrative Adjustment of Parking Authorized. Notwithstanding any
contrary provisions of YMC 15.10, the total number of parking spaces for
Community Gardens may be Administratively Adjusted under the
provisions of YMC § 15.10, as the parking standards for Community
Gardens are codified under both the provisions of YMC § 15.06 and
15.09.
E. Accessory Structures. Accessory Structures for Community Gardens
are permitted as an accessory use to a Community Garden or as otherwise
permitted under the provisions of YMC § 15.04.060, and as described below:
a) Community Gardens (accessory to an approved principal use):
a. Accessory structures 120 sq. ft. or less are permitted in
accordance with YMC § 15.05.020 (E) (2).
b) Community Gardens (with planting area of .25 acres up to one acre):
a. Accessory structures 120 sq. ft. or less are permitted in
accordance with YMC § 15.05.020 (E) (2); and
b. Accessory structures larger than 120 sq. ft. are permitted in
accordance with YMC § 15.05.020 (E) (1) and building permit
issuance.
Section 5. Section 15.06 Table 6-1. Table of Off -Street Parking Standards of the
City of Yakima Municipal Code is hereby amended to incorporate parking standards for
Community Gardens under the Land Use Category of Community Services as identified
below:
COMMUNITY SERVICES
Churches, synagogues, temples, and
funeral homes
1 space for each 3 fixed seats (or 54" of bench -type
seating)
1 space for each 40 sq. ft. of general reception/gathering
area
Community Gardens* (accessory to an
None
approved principal use). (See YMC §
15.04.060 (G))
Community Gardens* (with planting area
None
of .25 acres or less).
Community Gardens* (with planting area
Two (2) spaces
of more than .25 acres and up to .5
acres).
Community Gardens* (with planting area
Four (4) spaces
of more than .5 acres up to one acre).
Convalescent, nursing and group homes
1 space for each 2 beds
Fire and police stations
1 space for each 200 sq. ft. of gross floor area
Halfway houses (detention centers)
1 space for each 2 beds
Hospitals
1.5 spaces for each bed
Schools:
Primary, Elementary
Junior, Senior
3 spaces for each classroom, or 1 space for each 3
seats (54" bench -type seating) in the assembly area,
whichever is greater
Same as Primary/Elementary and 1 space for each 4
students over 16 years old
Junior or community colleges
1 space for each 400 sq. ft. of gross floor area
Juvenile detention centers
1.5 spaces for each bed
Libraries
1 space for each 100 sq. ft. of gross floor area
Museums, art galleries
1 space for each 100 sq. ft. of gross floor area
Preschools, daycare centers
1 space for each employee plus 1 space for each 6
children
Vocational and business schools
1 space for each 400 sq. ft. of gross floor area
Section 6. The City Clerk is hereby authorized and directed to file a certified
copy of this ordinance with the Yakima County Auditor.
Section 7. Severability: 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 8. 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 18th day of November,
2014.
Micah Cawl- y, Mayor
Publication Date: November 21, 2014
Effective Date: December 21, 2014
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: November 18, 2014
ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Closed Record Public Hearing and Ordinances on the 2014
Comprehensive Plan Map and Text Amendments and
Concurrent Rezones
Joan Davenport, AICP Community Development Director
Valerie Smith, AICP Senior Planner (509) 575-6042
The Washington State Growth Management Act requires cities and counties to adopt land use
regulations that are consistent with and implement their comprehensive plan. For 2014, the
Yakima Planning Commission held open record public hearings on three requests to amend the
City's Future Land Use Map designation and concurrent requests for rezones; and one request
for a text amendment.
At this time you are being asked to consider their recommendations and determine whether you
will accept, deny or remand any or all of these matters back to the Commission for additional
review. Should you choose to accept their recommendations you have been provided with the
draft of an ordinance which would affect these changes.
(Additional information previously provided to Council --on file in the City Clerk's Office and on-
line at: http://www.yakimawa.gov/services/planning/ under Quick Links).
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
The Planning Commission recommends that the City Council of the City of Yakima approve the
three Comprehensive Plan Amendments and concurrent rezones and the one text amendment.
Staff recommends acceptance of the Yakima Planning Commission's recommendations and
adoption of the Ordinances provided.
ATTACHMENTS:
Description Upload Date
❑ Ordinance - 2014 Comp Plan Map Amendments 11/7/2014
❑ Ordinance - Community Gardens - TXT003-14 11/7/2014
❑ Ordinance - RZ001-14 -Plymouth Ranch LLC 11/6/2014
❑ Ordinance - RZ002-14 - Jason Galloway 11/6/2014
❑ Ordinance - RZ003-14 -Sergio Badillo 11/6/2014
Type
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance