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07/21/2015 09 "Mission Uses"; Planning Commission's Remand Recommendation; Ordinance Revision
ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: July 21, 2015 Public hearing and ordinance regarding the Yakima Planning Commission's recommendation related to the City Council's remand of the use and definition for "Mission" in the GC, CBD, and M-1 zoning districts Joan Davenport, AICP Community Development Director Jeff Peters, Supervising Planner (509) 575-6163 **REVISED SUMMARY JULY 20, 2015*** On May 19, 2015, in an open record public hearing, the Yakima City Council considered the Yakima Planning Commission's recommendation to incorporate a new use and definition for "Mission" into the City of Yakima's Municipal Code. Following significant public testimony, the Yakima City Council voted to remand the ordinance and recommendation back to the Planning Commission to provide for more public input and involvement from property owners along N. 1st Street, and consideration of increasing the level of review of a "Mission" use from a Type (2) Review without a public hearing and to a Type 3 Review with a public hearing and development agreement. As requested, the City of Yakima Planning Commission conducted two public study sessions on May 27, June 10, and a public hearing on June 24, 2015, to consider the issues. Now, the Yakima City Council is being asked to hold a public hearing to consider the Planning Commission's remand recommendation and revised ordinance defining a "Mission" use_ , and increasing the level of review to that of a Type (3) Review. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager The City of Yakima Planning Division recommends that the Yakima City Council hold the required public hearing and consider the Planning Commission's recommendation, and accompanying draft ordinance incorporating the definition and use of a "mission" into the City of Yakima's Municipal Code. ATTACHMENTS: Description Upload Date 1-11 Proposed Ordinance_Mission Remand-TXT#001-15 7/9/2015 1-11 Complete Record - Mission Remand 7/9/2015 Type Ordinance Backup IMlateiriiall AN ORDINANCE ORDINANCE NO. 2015 - relating to land use; amending Section 15.02.020 of the Yakima Municipal Code to add definition of mission use, and amending Table 4-1 of Section 15.04.030 of the Yakima Municipal Code designating such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima. WHEREAS, the City Council has previously adopted ordinances establishing zoning districts within the City of Yakima, defining certain land uses, and designating such uses within the zoning districts, all as codified in Title 15 of the Yakima Municipal Code (YMC); and WHEREAS, the City Council previously adopted Ordinance No. 2014-027 implementing a moratorium on the acceptance of applications for, processing and issuance of, land use approvals and permits for "mission uses" within the SCC Small Convenience Center zoning district pending adoption of a comprehensive regulation governing such uses; and WHEREAS, the Planning Commission of the City of Yakima has conducted meetings and a public hearing on March 25, 2015 pursuant to notice, and after consideration of all comments, evidence and testimony presented has presented a recommendation, supported by appropriate findings of fact and conclusions of law adopted April 8, 2015, to the City Council; and WHEREAS, the City Council held a public hearing on May 19, 2015 to receive and consider the recommendation of the Planning Commission, and after receiving public comment and testimony, remanded the recommendation to the Planning Commission to consider whether new mission uses should be considered Class (3) uses in the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the Planning Commission has held a study session and conducted a public hearing on June 24, 2015 concerning such issues, and having considered all evidence and testimony presented, has adopted Findings of Fact, Conclusions and Recommendation; and WHEREAS, the City Council has received the recommendation of the Planning Commission and has conducted a public hearing on July 21, 2015 pursuant to notice duly published to consider such recommendation; and WHEREAS, the recommendation of the Planning Commission supports the amendment of YMC 15.02.020 to add a definition of "mission" use, and to amend Table 4-1 of YMC 15.04.030 to allow such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima, but requiring that new mission uses within such zoning districts shall 1 be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner; and further that any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner; and WHEREAS, the City Council finds and determines that such recommendation is supported by previous interpretations of record by the hearing examiner as set forth in In re: Union Gospel Mission, City No. UAZO-Interp. No. 1-92, Examiner No. 192-5-2 (Lamb, Feb. 27, 1992); and In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995); and WHEREAS, the City Council finds and determines that YMC 15.02.020 should be amended to add a definition of "mission" use consistent with the definition previously formulated by the hearing examiner, and that Table 4-1 of YMC 15.04.030 should be amended to allow such use as a Class (2) use with a Type (3) review as described above, and with an approved development agreement within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the City Council finds and determines that the amendments described above 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. The recommendation of the City of Yakima Planning Commission as described above is received, together with the Planning Commission's Findings of Fact and Conclusions of Law in support thereof, which Findings of Fact and Conclusions of Law are hereby adopted by the City Council. Section 2. YMC 15.04.020 is hereby amended to add a definition of land use for "mission" use to read 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 public at large. Mission uses shall be Class (2) uses within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable development standards 2 and mitigations imposed by the hearing examiner. Effective as and from August 24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. Section 3. Table 4-1 of YMC 15.04.030 ("Health and Social Service Facility" component) is hereby amended to provide that mission uses are Class (2) uses only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts within the City of Yakima, and not allowed within any other zoning districts, and subject to Type (3) review with a development agreement, all as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, and with such changes shown in legislative format as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. Section 4. 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 21s1 day of July, 2015. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: 3 EXHIBIT "A" (Table 4-1, YMC 15.04.030) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) R- R- R- B- B- 1 1 1 M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3 2 Mission (*) (with Type (3) review, and development agreement — see definition) 2 2 NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 4 EXHIBIT "B" (Table 4-1, YMC 15.04.030 — Changes shown in legislative format) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) R- R- R- B- B- 1 1 1 M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3 2 Mission (*) (with Type (3) review, and development agreement — see definition) 2 2 NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 5 iwa ZONING TEXT AMENDMENT — "MISSION" & "RESOURCE SERVICE CENTER" USES TXT#001-15, SEPA#007-15 Yakima City Council REMAND Public Hearing July 21, 2015 EXHIBIT LIST Applicant: City of Yakima Planning Division / File Numbers: TXT#001-15, SEPA#007-15 Site Address: Citywide Staff Contact: Jeff Peters, Supervising Planner Table of Contents CHAPTER A Mission Remand Staff Report to Yakima Planning Commission (YPC) CHAPTER B YPC Findings of Fact & Recommendation to City Council on Mission Remand CHAPTER C Proposed Ordinance for Mission Remand CHAPTER D Public Notices CHAPTER E Public Comments ZONING TEXT AMENDMENT — "MISSION" USES TXT#001-15, SEPA#007-15 EXHI.�IT LIST CHAPTER A Mission Remand Staff Report to Yakima Planning Commission (YPC) Remand Hearing Staff Report to YPC City of Yakima Planning Division "Mission" Use Remand Staff Report TO: City of Yakima Planning Commission FROM: Jeff Peters, Supervising Planner SUBJECT: Update Regarding Staff Recommendation for "Mission" Use FOR MEETING OF: June 10, 2015 ISSUE: Yakima City Council remand of the City Planning Commission's recommendation regarding incorporation of the Hearing Examiner's 1992 and 95 Use Interpretations defining the use and level of Review of a "Mission" into the text and tables of the City of Yakima's Zoning Ordinance. BACKGROUND: The City of Yakima Planning Commission conducted a study sessions regarding the incorporation of the "Mission" use, definition, and level of review on December, 10, 2014, January 14, 2015, February 11, 2015, and February 25, 2015. On March 25, 2015, the Commission held its required public hearing on the matter and found that the "Mission" use as defined by the City Hearing Examiner's 1992 and 95 decisions appropriately defined a "Mission", the proposal meet the zoning district intent statements for the General Commercial, Central Business District, and Light Industrial zoning districts, and that a Class (2) Review was an appropriate level of review for the proposed use. On May 19, 2015, the Yakima City Council held its required public hearing to consider the Planning Commission's recommendation to incorporate the "Mission" definition and use into the City's Municipal Code. At the public hearing, numerous members of the public testified about the problems that have been created by the allowance of the Union Gospel Mission at its present location on N. 1st Street, and requested that the Council consider increasing the level of review for the "Mission" to a Type (3) Review. As a result, the Yakima City Council unanimously voted to remand the proposed recommendation and accompanying ordinance back to the Yakima Planning Commission for the expressed purpose of soliciting increased public involvement from property owners along N. 1St Street, and further consideration of increasing the level of review to a Type (3) Review. STAFF SUGGESTED AMENDMENTS: In light of the Council remand, City Planning and Legal staff have reviewed the two proposed issues requested to be addressed by the Council and are recommending the following amendments: 1. The class of use should remain a Class (2) Use as defined below to ensure that issues related to the Federal Fair Housing Act are addressed by not deeming the proposed use an incompatible land use; 2. The level of review should be elevated to that of a Type (3) Review which requires a public hearing by the City of Yakima Hearing Examiner in accordance with YMC § 15.15 without changing the underlying statement of compatibility; DOC. IND" 3. The definition and process should also be revised to indicate that any expansion of an approved Class (2) "Mission" shall be processed in accordance with the Modification provisions of YMC § 15.17. 4. The addition of a "Good Neighbor /Development Agreement" as part of the use definition and process is an appropriate means to ensure that all required mitigation imposed by the Hearing Examiner is enforceable post construction and operation. Definitions: a. A Class (2) Use is defined as: "those uses set forth and defined in the text and tables of YMC Chapter lb 4 and are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan." b. A Class (3) Use is defined as: "those uses set forth and defined in the text and tables of YMC Chapter 1 04 and are generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, and neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) may be permitted by the hearing examiner when he determines, after holding a public hearing, that the use complies with provisions and standards; and that difficulties related to the compatibility, the provisions of public services, and the Yakima urban area comprehensive plan policies have been adequately resolved." Proposed Draft Definition: "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 public at large. Mission uses shall be considered Class (2) uses which are generally permitted throughout the underlying district, but require Type (3) Review to provide for increased public notice, comment and review in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima Urban Area Comprehensive Plan. Mission uses within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, shall be subject to a Type (3) review as set forth in Chapter 15.15 YMC effective as and from July 1, 2015. Any expansion of any existing mission use within such zoning districts shall follow the modification provisions of YMC 15.17 provided that any use which does not meet the requirements of YMC 15.17.040 shall be processed as a Class (2) use requiring a Type (3) Review. Additionally, prior to occupation and/or operation of all new and/or expanded mission uses, the applicant shall enter into a "Good Neighbor/Development Agreement codifying all required development standards, and mitigation required by the City of Yakima Hearing Examiner. ZONING TEXT AMENDMENT — "MISSION" USES TXT#001-15, SEPA#007-15 EXHIBIT LIST CHAPTER B YPC Findings of Fact & Recommendation to City Council on Mission Remand YPC Findings of Fact & Recommendation to City Council 06/24/2015 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second and Vree1, 2n fl" floor Yakrw waa9 Phone (5119) ,5/;5-61"°3 Fax (5019) ,575"-.6105" ( skplanning( )yohi fl(fw goo l lv//mlovrovmy�Mk u.gov/sery YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR TEXT AMENDMENTS TO YMC 15.02 DEFINITIONS, AND TABLE 4-1 PERMITTED LAND USES ADDING THE USE OF "MISSION" TO THE CITY'S URBAN AREA ZONING ORDINANCE June 24, 2015 WHEREAS The City of Yakima Hearing Examiner established a use and definition for a "Mission" in two Use Interpretations in 1992 and 1995 (City of Yakima Interpretations INT#1-92, and INT#2-95). Defining a "mission" as "...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."; and WHEREAS The City of Yakima Hearing Examiner also provided via the previous interpretations, that a "mission" should be allowed in the General Commercial (GC), Central Business District CBD), and Light Industrial Zoning Districts (M-1) as Class (2) Uses requiring Type (2) Review; and WHEREAS The City of Yakima recognized that it did not have adequate zoning controls in place to appropriately site a mission or other homeless service, thereby adopting a six month moratorium on October 21, 2014, (ORD No. 2014-027) regarding operation of mission, community center, boarding house, comprehensive community health center, and multi-purpose community center uses in the Small Convenience Center (SCC) zoning district; and WHEREAS The City of Yakima City Council directed that the Yakima Planning Commission draft development regulations which appropriately regulate uses such as missions, community centers and mixed use building, boarding houses, comprehensive community health centers, and multi-purpose community centers; and WHEREAS On October 22, 2014, prior to the moratorium becoming effective Yakima Neighborhood Health Services requested an interpretation for a proposal to operate a community center providing public assistance services in the form of a food bank, health and social services, Laundromat facility, and temporary homeless warming shelter in the SCC zoning district; and WHEREAS The Yakima Planning Commission held study sessions to review and discuss the City Council moratorium, and issue of mission, community center, boarding house, comprehensive community health center, and multi-purpose community center uses in the SCC and other 9) 5" ( � f • f ice � �"NNighhmha• r %:: Depe '�o a ort e ia°r ( Cod �i�f�a"�����u°����o� S�� wYS".m5X2�b • Mon � ��.^ i7aS..(a�"�'.f � �(�' Ydikd�,� zoning districts of the City on: December 10, 2014, January 14, 2015, February 11, 2015, and February 25, 2015; and WHEREAS The Yakima Planning Commission gave direction at its February 25, 2015, meeting that it had sufficient opportunity to review the Hearing Examiner's interpretations, mission definition, permitted zoning designations, and district intent statements, and requested that City Planning staff schedule the public hearing for consideration of the Hearing Examiner's use interpretations; and WHEREAS The City of Yakima last amended the Yakima Urban Area Zoning Ordinance in January 2015; and WHEREAS Proposals to amend the City of Yakima's Urban Area Zoning Ordinance (YUAZO) follow the City's established process in YMC § 15.23.020(B) and YMC Title 16. WHEREAS Pursuant to RCW 36.70A.130(1) the City is required to regularly take legislative action to review and revise its development regulations in accordance with the Growth Management Act; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the review of amendments to the Yakima Urban Area Zoning Ordinance and for recommending to the City Council the approval, modification or denial of each amendment; and WHEREAS The City of Yakima Planning Commission is charged with periodically reviewing all zoning and use interpretations issued by the City of Yakima Hearing Examiner under YMC 1.42.030 to consider their inclusion or exclusion from the Yakima Municipal Code; and WHEREAS Public notice of these amendments was provided in accordance with the provisions of YMC § 15.11.090, and YMC § 16.05.010 — 050. All property owners within three hundred feet of an SCC zoning district were mailed a Notice of Public Hearing on March 6, 2015, a legal ad in the Yakima Herald was also published on March 6, 2015; and WHEREAS The City of Yakima Planning Division initiated Environmental Review for this proposal on March 5, 2015, both preparing a State Environmental Policy Act Checklist (SEPA), and issuing the Notice of Application and Environmental Review on March 9, 2015; and WHEREAS Environmental Review of this proposal was concluded on April 13, 2015, with the issuance of a Determination of Non -Significance Notice of Retention of which the SEPA appeal period ended on April 27, 2015; and 2015 Yakima Planning Commission Findings and Recommendations 2 DOC. INDEX WHEREAS The recommendation for these amendments are based upon the criteria specified in YMC §§ 16.10.040 and 15.22.050; and WHEREAS The Yakima Planning Commission reviewed the district intent statements and development standards of the CBD, GC, M-1, SCC, and LCC zoning districts (listed below) to determine if the use of a "Mission" and "Community Resource Service Center" are appropriate; and WHEREAS The Yakima Planning Commission held its required open record public hearing on March 25, 2015, providing opportunity for the public to comment on the draft amendments; and WHEREAS The Yakima Planning Commission heard from twelve members of the public regarding the proposed amendments; and WHEREAS After hearing from the public, the Yakima Planning Commission deliberated on the amendments proposed for incorporation into YMC § 15.02 Definitions, and YMC § 15.04 Table 4-1 Permitted Land Uses as identified below: "Mission": 1. The Planning Commission found that the "Mission" use as defined by the City's Hearing Examiner's 1992 and 1995 decisions appropriately defined a "Mission"; 2. The definition of a "Mission" meets the zoning district intent statements of the General Commercial (GC), Central Business District CBD), and Light Industrial Zoning Districts (M-1); and 3. The Class (2) Review process is the appropriate level of review in the above mentioned zoning districts; and WHEREAS The Planning Commission by unanimous vote recommend: 1. Approval of the "Mission" Text Amendment request as set forth in the Hearing Examiner's 1992 and 1995 decisions; and 2. That the proposed "Community Resource Service Center" Text Amendment should be separated from consideration of the "Mission" use, and scheduled for a study session on April 8, 2015, as the proposal did not contain sufficient information to be appropriately reviewed; and WHEREAS The Yakima Planning Commission concluded its consideration of the "Mission" Text Amendment on March 25, 2015, forwarding its recommendation with findings of fact, and conclusions to the Yakima City Council (attached); and WHEREAS After appropriate public notice was provided in accordance with the procedures of the City of Yakima, by the Yakima City Clerk, the City of Yakima City Council in an open record hearing on 3 I 205 Yakima Planning Commission Fincdin�v Ri�ri# Reconyniendalions May 19, 2015, took public testimony regarding the proposed "Mission" ordinance, and considered the City of Yakima Planning Commission's recommendation to approve the proposed ordinance; and WHEREAS After considerable deliberation on the proposed ordinance, the Yakima City Council found that more public input and involvement was desired from property owners along N. 1st Street, and that the Planning Commission should consider increasing the level of review of a "Mission" use from a Type (2) review to that of a Type (3) review, and by a vote of 5 to 0 remanded the proposed ordinance back to the Planning Commission; and WHEREAS The Yakima City Planning Commission was notified of the council's action and direction on the proposed ordinance on May 27, 2015, to which the Planning Commission held an initial study session to discussions their initial options to address the councils request; and WHEREAS At the conclusion of the May 27, 2015, study session, and following discussion with city staff, the City Planning Commission found that it may be possible to increase the level of review of a land use without increasing the uses burden of compatibility or class of use, and directed City staff to bring back a revised ordinance at their next meeting accomplishing this objective; and WHEREAS On June 10, 2015, the Yakima City Planning Commission held a second study session regarding the remand of the "Mission" use ordinance at which the City Planning and Legal divisions submitted a two page staff report outlining the issues requested to be addressed, background on the history of the proposed use, staff suggested amendments, and a revised draft definition of the "Mission" use. The Yakima Planning Commission took significant public testimony from members of the public including: the Union Gospel Mission, Gateway Organization, and business and property owners along N. 1st Street. At the conclusion of the study secession, the Planning Commission directed city staff to proof the draft definition, revise the proposed ordinance, and schedule the public hearing for June 24, 2015; and WHEREAS On June 11, 2015, the City of Yakima Planning Division in accordance with YMC Title 16 provided public notice for the proposed Planning Commission remand hearing which included: 1) written notice to parties of record, 2) email to city divisions and media, and 3) Legal add in the Yakima Herald; and WHEREAS On June 24, 2015, the City of Yakima Planning Commission opened the required remand hearing, received additional public input on the proposed ordinance changes, further deliberated 2015 Yakina Planning Commission Findings and Recommendations 4 on the City Council's request to increase the level of review for a "Mission" use to that of a Type (3) Review, and made the following findings; and Now therefore, the Yakima City Planning Commission presents the following findings and recommendations to the Yakima City Council: Based upon a review of the information contained in the City of Yakima Hearing Examiner's 1992 and 1995 Unclassified Use Interpretations, (City of Yakima Interpretations INT#1-92, and INT#2-95), City of Yakima Comprehensive Plan 2025, Yakima Neighborhood Health's supplemental information, exhibits, testimony and other evidence presented at an open record public hearing held on March 25, 2015, and remand hearing of June 24, 2015; and a review of the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The amendment proposal to establish, further regulate or permit the use of "Mission" as defined by the City of Yakima Interpretations INT#1-92, and INT#2-95, and considered by the City of Yakima Planning Commission at its March 25, 2015, public hearing within the Yakima Municipal Code, Title 15 Urban Area Zoning Ordinance. The requested changes are consistent with the Yakima Urban Area Comprehensive Plan by meeting the goals, objectives and policies of the Plan set forth in the General Development, Public Services, Land Use, Transportation, and Utilities Elements of the Comprehensive Plan. The City of Yakima Planning Commission has studied the proposed issues and finds that the proposed ordinance amendment will not have an adverse consequence for adjacent jurisdictions or service providers. There are no regionally significant issues known related to the request; consequently, this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments, and/or zoning amendments. This proposal meets the County -wide Planning Policies and intent of the Growth Management Act because it will provide appropriate land use controls which direct service providers of the homeless populations of Yakima to appropriate zoning districts within the City of Yakima that have the least impact on surrounding business, and residential neighborhoods. YAKIMA PLANNING COMMISSION'S CONCLUSIONS a) The text amendment impacts the Central Business District, General Commercial, and Light Industrial zoning districts of the City. b) No significant adverse environmental impacts have been identified by the approval of the amendment request. c) The requested text amendment to the City of Yakima's Urban Area Zoning Ordinance is supported by the City of Yakima's Urban Area Comprehensive Plan 2025. d) The amendment to the Yakima Municipal Code, Title 15 Urban Area Zoning Ordinance, which includes, but is not limited to, a new definition in YMC § 15.02, and addition of a new land use category to YMC § 15.04 Table 4-1 Permitted Uses. e) The City of Yakima Planning Commission considered the issues raised by the Yakima City Council on remand at its June 24, 2015, meeting by: 1) considering additional testimony from business and property owners along N. 1st St. at two public study sessions, and one open record hearing, and 2) elevated the level of review of a • „`Mission" to that of a Type (3) Review. 20 ikIntnPlanning Commission 5 Findings and Recommendations f) g) The City of Yakima Planning Commission concludes that increasing the level of review of a "Mission" use from a Type (2) to Type (3) Review process does not hinder a mission from locating within the CBD, GC, and M-1 zoning districts, but rather enhances the public's involvement in commenting on such applications. The City of Yakima Planning Commission further concludes that due to the impacts of a "Mission" on surrounding businesses, and residential neighborhoods that "Mission" uses should be required to enter into a development agreement between the City of Yakima and applicant/property owner. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the modified text amendment to the Yakima Municipal Code (YMC) Title 15, Urban Area Zoning Ordinance. The motion carried by unanimous vote. Having made the above Findings of Fact and Conclusions, the Planning Commission hereby renders its: RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at public hearings, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the zoning Text Amendment application (TXT #001-15 & SEPA #007-15), and accompanying ordinance. RECOMMENDED this 24th day of June, 2015. 2015 Yakimna Planning Commission Findings -anti Recommendations By: Dave Fonfara, Chairman Yakima Planning Commission 6 ZONING TEXT AMENDMENT — "MISSION" USES TXT#001-15, SEPA#007-15 EXHIBIT LIST CHAPTER C Proposed Ordinance for Mission Remand C-1 Proposed Ordinance for Mission Remand 07/21/2015 AN ORDINANCE ORDINANCE NO. 2015 - relating to land use; amending Section 15.02.020 of the Yakima Municipal Code to add definition of mission use, and amending Table 4-1 of Section 15.04.030 of the Yakima Municipal Code designating such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima. WHEREAS, the City Council has previously adopted ordinances establishing zoning districts within the City of Yakima, defining certain land uses, and designating such uses within the zoning districts, all as codified in Title 15 of the Yakima Municipal Code (YMC); and WHEREAS, the City Council previously adopted Ordinance No. 2014-027 implementing a moratorium on the acceptance of applications for, processing and issuance of, land use approvals and permits for "mission uses" within the SCC Small Convenience Center zoning district pending adoption of a comprehensive regulation governing such uses; and WHEREAS, the Planning Commission of the City of Yakima has conducted meetings and a public hearing on March 25, 2015 pursuant to notice, and after consideration of all comments, evidence and testimony presented has presented a recommendation, supported by appropriate findings of fact and conclusions of law adopted April 8, 2015, to the City Council; and WHEREAS, the City Council held a public hearing on May 19, 2015 to receive and consider the recommendation of the Planning Commission, and after receiving public comment and testimony. remanded the recommendation to the Planning Commission to consider whether new mission uses should be considered Class (3) uses in the GC General Commercial. CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the Planning Commission has held a study session and conducted a public hearing on June 24, 2015 concerning such issues, and having considered all evidence and testimony presented, has adopted Findings of Fact. Conclusions and Recommendation; and WHEREAS, the City Council has received the recommendation of the Planning Commission and has conducted a public hearing on July 21, 2015 pursuant to notice duly published to consider such recommendation: and WHEREAS, the recommendation of the Planning Commission supports the amendment of YMC 15.02.020 to add a definition of "mission" use, and to amend Table 4-1 of YMC 15.04.030 to allow such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima, but requiring that new mission uses within such zoning districts shall 1 DOC. INDEX be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner; and further that any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC: provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner; and WHEREAS, the City Council finds and determines that such recommendation is supported by previous interpretations of record by the hearing examiner as set forth in In re: Union Gospel Mission, City No. UAZO-Interp. No. 1-92, Examiner No. 192-5-2 (Lamb, Feb. 27, 1992); and In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995); and WHEREAS, the City Council finds and determines that YMC 15.02.020 should be amended to add a definition of "mission" use consistent with the definition previously formulated by the hearing examiner, and that Table 4-1 of YMC 15.04.030 should be amended to allow such use as a Class (2) use with a Type (3) review as described above, and with an approved development agreement within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the City Council finds and determines that the amendments described above 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. The recommendation of the City of Yakima Planning Commission as described above is received, together with the Planning Commission's Findings of Fact and Conclusions of Law in support thereof, which Findings of Fact and Conclusions of Law are hereby adopted by the City Council. Section 2. YMC 15.04.020 is hereby amended to add a definition of land use for "mission" use to read 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 public at Targe. Mission uses shall be Class (2) uses within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable development standards 2 DOC. INDEX and mitigations imposed by the hearing examiner. Effective as and from August 24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC: provided. that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. Section 3. Table 4-1 of YMC 15.04.030 ("Health and Social Service Facility" component) is hereby amended to provide that mission uses are Class (2) uses only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts within the City of Yakima, and not allowed within any other zoning districts, and subject to Type (3) review with a development agreement, all as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, and with such changes shown in legislative format as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. Section 4. 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 21st day of July, 2015. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: 3 DOC. INDEX # C -I EXHIBIT "A" (Table 4-1, YMC 15.04.030) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) SR R- 1 R- 2 R- 3 B- 1 B- 2 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), 1 1 1 Adult Family Home (*) Treatment Centers For Drug and Alcohol Rehabilitation Boarding House (*) Halfway House (*) Group Homes (more than six), Convalescent and Nursing Homes (*) 3 1 3 1 HB SCC LCC AS GC CBD 1 3 3 3 Mission (*) (with Type (3) review, and development agreement — see definition) 2 2 2 2 1 3 3 3 3 NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 4 DOC. INDEX # C� EXHIBIT "B" (Table 4-1, YMC 15.04.030 — Changes shown in legislative format) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) SR R- 1 R- R- B- B - 2 HB SCC LCC AS GC CBD RD M- 1 M- 2 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) 1 1 1 1 1 1 3 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3 2 — 2 — Mission (*) (with Tvpe (3) 2 — review, and development agreement — see definition) NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 5 DOC. INDEX # G-1 ZONING TEXT AMENDMENT — "MISSION" USES TXT#001-15, SEPA#007-15 EXHIIIT LIST CHAPTER D Public Notices Notice of Remand Hearing D -la: Legal Notice and Press Release E-mail D -lb: Parties and Agencies Notified D -lc: Affidavit of Mailing Agenda Statement: Set Date to for City Council Remand Public Hearing Letter of Transmittal to City Clerk for Remand Public Hearing Notice of City Council Public Hearing 07/07/2015 07/09/2015 Ili i IIICllfiii! r lI "'lli"III°INII CIIITY CIII_IlfiiiflIFf.IIIK III�mr�urtlh SecStreet 'r< II iiurn shin ton 9 1 Ph hie (5it«) 575 3'7 , Fax 5rt!,1) 57r „r(w (f 114 CITY OF YAKIMA NOTICE OF PUBLIC HEARING Proposed Amendment of Municipal Code Regarding "Mission" Uses NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing on the Yakima Planning Commission's revised recommendation and proposed ordinance regarding the remand decision related to the use and definition for "Mission" in the GC, CBD and M-1 zoning districts. Said public hearing will be held on Tuesday, July 21, 2015 at 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers at the Yakima City Hall, 129 North 2nd Street, for the City Council to receive public testimony and evidence regarding this issue. All interested persons are invited to attend this hearing. Written comments may be submitted to the Council in two ways: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2'd Street, Yakima, WA. 98901 or, 2) E-mail your comments to citycouncil@yakimawa.gov. Include in the e-mail subject line, "Mission Uses in SCC Zone." Please also include your name and mailing address.. Dated this 8th day of July, 2015. Sonya Claar Tee City Clerk CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Clam• -Tee, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for CITY OF YAKIMA PLANNING DIVISION - MISSION USES (TXT#001-15, SEPA#007-15) REMAND PUBLIC HEARING NOTICE; including all labels for parties of record. Signed this 9th day of July, 2015. Rbµaiinda Ibarra Administrative Assistant Received By: Date: 7/W/.5 DOC. INDEX # ,. Maria Rosario Montes de Oca 104 S 7th Street Yakima, WA 98901 01/14/15 ,n II 1, Meeting Joe Chin 316 South 9th Street Yakima, WA 98901 01/14/15 YPC Meetingl, Josafath Cruz 711 East Spruce Street Yakima, WA 98901 01 14/115 1111111,11111 11Me digiing; Jose Perez 211 South 6th Street Yakima, WA 98901 01/14/15 111(I113CI"v,eetinlg Juana Amezcua 115 North 9th Street Yakima, WA 98901 agentamezcua07@gmail.com 01/14/15 YIN1..° Meeting Leonel Valencia 809 East Spruce Street Yakima, WA 98901 leonelvalencia809@yahoo.com 011/14/15 'RC Meeting Jerry Winters 301 South 7th Street Yakima, WA 98901 1/1"°U Meeting01/1 1 Mauricio Aramburo 113 South 6th Street #3 Yakima, WA 98901 01/I4/1 1 "Mk:1 Mec11nn1g Lori Zamudio 413 South 6th Street Yakima, WA 98901 1/15 "111)1; Meeting Maria Elena Garcia 204 South 6th Street Yakima, WA 98901 1/.1 5 " PC MeetingMeeting01114/111501114/1115 01/1 Ondina Garcia 107 South 7th Street Yakima, WA 98901 01/14/151 YPC Meeting Miguel Alvarez 108 S 7th Street Yakima, WA 98901 01/14/15 "PII C Meeting Salvador Nava 211 South 6th Street Yakima, WA 98901 01/14/15 YPC Meeting Lidia & Daniel Mendoza 320 South 9th Street Yakima, WA 98901 01/14/111 0 C Meeting Berenice Cortes 308 '/2 South 6th Street Yakima, WA 98901 1/ 111, 1 1'1 ' MEM: Meeting Severiano Barajas 217 Union Street Yakima, WA 98901 11 15 11Meeting Delia Solis 109 South 7th Street Yakima, WA 98901 01/14/15 1PC'Meeting, Bertha Ramirez Ruby's Daycare 113 South 7th Street Yakima, WA 98901 valleibertha@aol.com 01/1 1f1 MP .11 1n ellnngl Albert Lantrip 808 Pioneer Lane Union Gap, WA 98903 �f d' .b Q Meeting Benito & Francelia Suarez 303 South 6th Street #A Yakima, WA 98901 01/14/15 1r IPC 111[eeting Bertin Martinez 1414 South 16th Street Yakima, WA 98901 k 1,11 1 1d1 � 'CPC ,' 101n,nnlung Carl Howell 603 South 12th Street Yakima, WA 98901 111/1. 1/15 Y"R"1, Meeting Maribel Martinez 206 '/2 South 6th Street Yakima, WA 98901 01/14/15 111"11:; Meeting Ismael Gonzalez 219 Union Street Yakima, WA 98901 01/14/151 YPC Meeting Balbina Gomez 106 South 7th Street Yakima, WA 98901 01/14/15 " PC1 Meeting Edward Torres 20 South 10th Street Yakima, WA 98901 01114 15 YON: Meeting Filemon Acevedo 305 South 7th Street Yakima, WA 98901 01/15/15 YPC Meeting Francisco Lopez 211 'h South 6th Street Yakima, WA 98901 1D'1/115/111 YPC Meeting Gloria Sanchez 108 South 7th Street Yakima, WA 98901 01/14/15 "1'111. Meeting Fred Fernandez 211 South 6th Street Yakima, WA 98901 011/14/15 YP(; Meeting. ,g Gloria A. Rangel 517 Clark Street Moxee, WA 98936 Angelicarange122@gmail.com 01/1X11/15 1"II"CMeeting; Hilda Doble 206 South 6th Street #1 Yakima, WA 98901 01/114/15 YF( Mceling„ IND Daniel Fonseca 712 East Spruce Street Yakima, WA 98901 01/14/15' IPC Meednngg David T. Reich 3005 W Chestnut Ave Yakima, WA 98902 d.reich@charter.net 0"1/09/15 L noty ttd Coo aauuacoots Frances Davies Thomas Davies Family Partnership L.P. 1024 Egan Avenue Pacific Grove, CA 93950 frances@guitarist.com tl;Pi1,'1 '/1 I nornnlow;ml t.'a'uuumuumo. �rrut:� Robert G. Koury Koury Family Limited Partnership 7327 Southwest Barnes Rd PMB 600 Portland, OR 97225 011/110/15 Comment 11,t, John Van Epps 3413 Clinton Way Yakima, WA 98902 03'23/ 113 t, rmiurnuneat 1 0 Item Stephen Stokesberry solfloris@msn.com 0 3, 25 15 Ile`, m ail comments Marshall Clark The Atlantic Building LLC 2320 N Atlantic Street, Ste# 100 Spokane, WA 99205 03/12115 Comment I..,ivner Valerie Fisher ASAP Metal Fabricators 315 S. 3rd Avenue Yakima, WA 98902 valerief@asapmetalfab.com 03/17/15 Vi;..�rirnao°ommuoo,nts Terry Schweyen ASAP Metal Fabricators 315 South 3rd Avenue Yakima, WA 98902 C'I'xmuuuuo muN 1 erdf��,o Isaac Baruch 1416 3rd Avenue Yakima, WA 98101 03/23/15 t1nirmamen1 Letter Gwen Seward 701 S 38th Ave #7 Yakima, WA 98902 03/25/15 YP(::11eaarin Wayne Ullman McEwen Lakeside, LLC 2024 218th PL NE Sammamish, WA 98074 ullmanw@icloud.com 01,16j 5 , uaa; ilt d coni ry kaig3µ-3, Lloyd & Leah Higgens 3607 NE 119th Avenue Vancouver, WA 98682 013/20/15 Comment Letter Jay Sentz Westpark Properties, LLC 118 Gilbert Drive Yakima, WA 98902 O3/23/15 Comment II u,tte Kathy Mantey KDF Investments 3703 W Nob Hill Blvd Yakima, WA 98902 03/23/1.5 Com5ument'. Letter Bob McLaughlin drbob@gmail.com 03/25/15 11'I1)G.1111eamling Bryon Underwood bhunderwood@msn.com 03/25/1.5 WC Hearin James Parks 1119 Garfield Avenue Yakima, WA 98902 03/251115 a P"t' M te;aarintvt Janice Gonzalez Janiceg@yvfwc.org 03/2511.5 ail.uu " Hewing Judy Salverda 701 S 38th Ave #16 Yakima, WA 98902 03125/ 5 .Y11.1 Mai Nathan Poel 214 S 17th Ave Yakima, WA 98902 03/2:5/1:5 'ill°t, Ila aau-Mgn, Terri Chacon 2005 W Chestnut Ave Yakima, WA 98902 03/25/15 WC 111amarinig; Deanna Roy laideerose@yahoo.com 03/25/15 IYIPC 11eadrig, Wanda Fuller fullerwanda@hotmail.com 01 `2.5/15 1"Ilyt, 1 Ne^ammimml Jim Hall 1413 S 8th Ave Yakima, WA 98902 0:3/25/15 YAIIIC Marin airiauii, Larry Fuller maaxwell@hotmail.com 03/25/15 YII C Hearing Patty Orona 701 S 38th Ave #5 Yakima, WA 98902 03 X5/15 ItIPCIIIIIevar n5; Fred Kerley 407 W Mead Ave Yakima, WA 98902 03/2515 Y11(..V 11e°arung Don Breitenfeldt 3807 Meadow Lane Yakima, WA 98902 03/25115 3T(11 Hearing Janice Bullek 701 S 38th Ave #8 Yakima, WA 98902 03125/115 .Il leant y. Joanne Orme 701 S 38th Ave #13 Yakima, WA 98902 03/2„5/15 Y.PC Hearing Lynn Walters 701 South 38th Ave #18 Yakima, WA 98902 03/25/15 Y11"(; Hearing Steve Hill Sshill538@gmail.com 03/25/15 "VIP(, Antriii1( IND Jack & Nancy Westford 1837 Northshore Rd Bellingham, WA 98226 nwestford@gmail.com 05/26/1.5 13 mill („;;ommmiv;rrutm Robert F. Lockbeam PO Box 10056 Yakima, WA 98909 03/22/15 Comment. 1 Kim Kovalik kim.kovalik@charter.net 04/01/15 160-rnaIihid Communis Barbara Cline 1460 North 16th Avenue, Ste. A Yakima, WA 98902 barbara@traho.com i4air 04/02./1 5 4 06uu-umiM 1 a;hler Elizabeth Angland 806 South 24th Avenue Yakima, WA 98902 04/02./15 („OHnuumew Leri¢ r Connie G. Simmons 206 1/2 S 7th St #2 Yakima, WA 98901 04/08/15'Vl°4, IVeetIiing Reed Ball 5808 Summitview Ave PMB#125 Yakima, WA 98908 04/08/15 5511C Meeting Dennis Macias 1010 North 20th Avenue Yakima, WA 98902 05/27/15 Y1"4, Meeting Maud Scott 309 Union Street Yakima, WA 98901 06/10/15 YPC Meeting Phyllis Musgrove 424 N 30th Ave Yakima, WA 98902 0(x/74/15 Y PC 1 dealing Emma R. Micelli 27 South 4th Street #326 Yakima, WA 98901 06/24/1.5 )61104; 111e,aHu•HHHg Bev Luby Bartz 114 North 7th Street Yakima, WA 98901 06/24/1.5 ”` PC0 Hearing Anita Monoian Yakima Neighborhood Health Services PO Box 2605 Yakima, WA 98907 Anita.monoian@ynhs.org Rachel Saimons, Attorney Meyer, Fluegge & Tenney, P.S. PO Box 22680 Yakima, WA 98907 saimons@mfflaw.com Luis Sandobal 1001 East Race Street Yakima, WA 98901 04/02/i 5 4;uaunnuaua;n V.tiittei. Mark Johnson 614 South 24th Avenue Yakima, WA 98902 094/08/15 5115111 M rliun,g NVRSTUK nvrstuk@elltel.net 0,4508/15 ll_yen a Va,ul 4 `anawaou en.t. Miguel Alvarez 104 South 7th Street Yakima, WA 98901 04/08/15 X2PC 1V,lu ethig Rev. Willie Pride 2607 Logan Avenue Yakima, WA 98902 05/19/15 Council iteariung1 Davin Shergill 1504N1st St Yakima, WA 98901 06/00/15 Y1''<,.;` Mura�'a.iuug',r Amarjit Nijjar 1219 North 1st Street Yakima, WA 98901 05/09/05 (;ouunci0 110uniunH4 Jaswant Singh 912N1st St Yakima, WA 98901 1„ro YIPC Meeting Rajiv Sauson 1223 North 1st Street Yakima, WA 98901 06/10/15 .°YI''(,: .Meeting Matt Burton 9301 Torrey Pines Lane Yakima, WA 98908 06/24/15 YI0 1 HcaHiruaoi Dave PO Box 8328 Yakima, WA 98908 06/24/15 YIPC Heating ulu,Hg Ester Huey 1311 South 75th Ave #2 Yakima, WA 98908 06/24/15 '°(P(; ti Rhonda Hauff Yakima Neighborhood Health Services PO Box 2605 Yakima, WA 98907 Rhonda.hauff@ynhs.org Applua;auni At -47 DOC. INDEX Nathan Poel Yakima Neighborhood Health Services PO Box 2605 Yakima, WA 98907 nathanpoel@gmail.com Pastor Donald Davis 515 S 6th Street Yakima, WA 98901 06/24/15 "a PC leafing Gary Rufener 1408 North 1st Street Yakima, WA 98901 garyerufener@aol.com 06/24/05 t° 1°(; 11e aruua1' Bill Brado 201 Oak Street #6 Yakima, WA 98901 Wbrado@Aol.com iD4a/24/15 Yip(.; 1110air01 an; Rick Phillips 822 North 48th Avenue Yakima, WA 98908 06/'24/15 Y0(' 0leaginng Rhonda Hauff Yakima Neighborhood Health Services 12 South 8th Street Yakima, WA 98901 F'aappIicaamt Jamie Carmody Meyer, Fluegge & Tenney, P.S. PO Box 22680 Yakima, WA 98907 carmody@mftlaw.com Anita Monoian Yakima Neighborhood Health Services 12 South 8th Street Yakima, WA 98901 Applcaut Al Bradley 109 S 8th Street Yakima, WA 98901 Albradleyl@msn.com Phone int11.11. mquest Nathan Poel Yakima Neighborhood Health Services 12 South 8th Street Yakima, WA 98907 nathanp@orth.org A Sung Lee 702 N. 48th Avenue Yakima, WA 98908 Julianalboss@yahoo.com '1,11•)crty vv A II r City Council REMAND Public Hearing 07/21/15 Rick Phillips Union Gospel Mission PO Box 565 Yakima, WA 98907 rick.phillips@yugm.org iii. Eta oc. IIEX # ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: July 7, 2015 Set July 21, 2015 as the date of a public hearing for Council consideration of the Yakima Planning Commission's revised recommendation and ordinance regarding the remand decision related to the use and definition for "Mission" in the GC, CBD, and M-1 zoning districts. Joan Davenport, AICP, Community Development Director (509) 576-6417 Jeff Peters, Supervising Planner (509) 575-6163 On June 24, 2015, the City of Yakima Planning Commission conducted and concluded the City Council required remand hearing regarding the establishment of a new use and definition for "Mission" within the GC, CBD, and M-1 zoning districts. Therefore, the Planning Commission and Division are now requesting that the Yakima City Council set July 21, 2015, as the date of a public hearing to consider the Commission's revised recommendation and proposed ordinance on the matter. Resolution: Ordinance: Other (Specify): Set Date Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager DOC. INDEX RECOMMENDATION: Set July 21, 2015 as the date for the public hearing to consider the Yakima Planning Commission's revised recommendation and ordinance regarding the remand hearing for mission uses. ATTACHMENTS: Description Upload Date Type No Attachments Available AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#001-15 City Planning - Mission Uses N/A I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Remand Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicants, Yakima Planning Commission members, and parties of record; that said applicants and parties of record are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the nth day of June, 2015. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II 01/14/15 YPC Meeting Maria Rosario Montes de Oca 104 5 7th Street Yakima, WA 98901 01/14/15 YPC Meeting Miguel Alvarez 108 S 7th Street Yakima, WA 98901 01/:14/15 YPC Meeting Mauricio Aramburo 113 South 6th Street #3 Yakima, WA 98901 01/1.4/15 YPC Needing Bertin Martinez 1414 South 16th Street Yakima, WA 98901 01/14/15 YPC Meeting Maribel Martinez 206 14 South 6th Street Yakima, WA 98901 01/14/15 YPC Meet'in Jose Perez 211 South 6th Street Yakima, WA 98901 01/14/15 YPC Meeting Severiano Barajas 217 Union Street Yakima, WA 98901 01./1.4/1.5 YPC Meeting Benito & Francelia Suarez 303 South 6th Street #A Yakima, WA 98901 01/14/1..5 YIPC Meeting Joe Chin ASAP Metal Fabricators 316 South 9th Street Yakima, WA 98901 01/14/15 YIPC Meeting Gloria A. Rangel 517 Clark Street Moxee, WA 98936 Angelucaran e 2 y,rn. 01/14/15 YPC Meeting Balbina Gomez 106 South 7th Street Yakima, WA 98901 01/14/15 YPC Meeting Gloria Sanchez 108 South 7th Street Yakima, WA 98901 011./14/11.5 YIPC Meeting Ondina Garcia 107 South 7th Street Yakima, WA 98901 01/14/1.5 YPC Meeting Delia Solis 109 South 7th Street Yakima, WA 98901 01/14/15 YIPC Meeting Bertha Ramirez Ruby's Daycare 113 South 7th Street Yakima, WA 98901 valleberthataol.com 01/14/15 YPC Meeting Edward Torres 20 South 10th Street Yakima, WA 98901 01/14/15 YPC Meeting Hilda Doble 206 South 6th Street #1 Yakima, WA 98901 01/14/15 YPC Meeting Fred Fernandez 211 South 6th Street Yakima, WA 98901 01/14/1.5 YPC Meeting Juana Amezcua 115 North 9th Street Yakima, WA 98901 agentamezcuaO7@gmail com 01/14/15 YIPC Meeting Maria Elena Garcia 204 South 6th Street Yakima, WA 98901 01/14/1.5 YPC 1Meeting Francisco Lopez 2111/z South 6th Street Yakima, WA 98901 01/14/15 YPC Meeting Salvador Nava 211 South 6th Street Yakima, WA 98901 01/14/1.5 YPC Meeting Ismael Gonzalez 219 Union Street Yakima, WA 98901 01/14/15 YPC (Meeting Filemon Acevedo 305 South 7th Street Yakima, WA 98901 01/14/15 YIPC (Meeting Daniel Fonseca 712 East Spruce Street Yakima, WA 98901 01/14/1.5 YPC Meeting Lidia & Daniel Mendoza 320 South 9th Street Yakima, WA 98901 01./1.4./1..5 YPC Meet:'ing Jerry Winters 301 South 7th Street Yakima, WA 98901 01./1.4/15 YPC Meeting Berenice Cortes 308 % South 6th Street Yakima, WA 98901 01/14/15 YPC (Meeting Lori Zamudio 413 South 6th Street Yakima, WA 98901 01./14/1.5 YIPC Meeting Carl Howell 603 South 12th Street Yakima, WA 98901 DOC, 01/14/1.5 YIPC Meeting Josafath Cruz 711 East Spruce Street Yakima, WA 98901 INDEX 01./1.4/1.5 YPC Meeting, Albert Lantrip 808 Pioneer Lane Union Gap, WA 98903 01/1.4/1.5 YIPC IWeetiirng Leonel Valencia 809 East Spruce Street Yakima, WA 98901 g nelvaI;eencis809,@Yaho21Aoan 03/09/1.5 II:::--mailied Comments David T. Reich 3005 W Chestnut Ave Yakima, WA 98902 d.reih@charter.net 03/17/1515 maiied Colmrnenis Frances Davies Thomas Davies Family Partnership L.P. 1024 Egan Avenue Pacific Grove, CA 93950 Frances{ guitarlst.com 03/.70/1.5 Comment Letter Lloyd & Leah Higgens 3607 NE 119th Avenue Vancouver, WA 98682 03/2.3/1.5 Colnrnlnrnelnt Letter John Van Epps 3413 Clinton Way Yakima, WA 98902 03/25/15 YPC ng James Parks 1119 Garfield Avenue Yakima, WA 98902 0:9/25/15 YPC Hearing Nathan Poel 214 S 17th Ave Yakima, WA 98902 03/25/15 YPC (Hearing Pastor Donald Davis 515 S 6th Street Yakima, WA 98901 03/1.2/15 Corndie nt: ILLiege'r Marshall Clark 2320 N Atlantic Street, Ste# 100 Spokane, WA 99205 03/1.'7/1.5 l maiiied Comments Valerie Fisher 315 S. 3rd Avenue Yakima, WA 98902 valerief@asapmetalfab.com 03/20/15 Cernrmelrnt. (Letter. Robert G. Koury 7327 Southwest Barnes Rd PMB 600 Portland, OR 97225 03/23/15 Comment Letter Kathy Mantey 3703 W Nob Hill Blvd Yakima, WA 98902 03/25/15 YPC Hearing Jim Hall 1413 S 8th Ave Yakima, WA 98902 03/16/15 i:::.lrnaiied Coli nments Wayne Ullman 2024 218th PL NE Sammamish, WA 98074 uilmanw lcioud.com 03/20/15 Comment Il..eettemlr Terry Schweyen ASAP Metal Fabricators 315 South 3rd Avenue Yakima, WA 98902 03/23/15 Cernment Il..r ttelr Isaac Baruch 1416 3rd Avenue Yakima, WA 98101 03/25/15 corm flents Stephen Stokesberry Union Gospel Mission solfloris@rnsn.cor 03/25/15 YPC Hearing Terri Chacon 2005 W Chestnut Ave Yakima, WA 98902 03/25/1.5 YIPC Hearing Don Breitenfeldt KDF Investments 3807 Meadow Lane Yakima, WA 98902 03/75/15 YPC Hearing Reed & Wendy Ball 5808 Summitview Ave PMB#125 Yakima, WA 98908 03/25/1.5 YPC. Hearing Fred Kerley 407 W Mead Ave Yakima, WA 98902 03/25/15 YIPC Hearing Joanne Orme 701 S 38th Ave #13 Yakima, WA 98902 03/25/15 YPC Hearing Judy Salverda 701 S 38th Ave #16 Yakima, WA 98902 03/25/15 YPC Hearing Janice Bullek 701 5 38th Ave #8 Yakima, WA 98902 03/25/15 YPC. Hearing Deanna Roy laideerose@yahoo.com 03/25/1.5 YPC Hearing Bob McLaughlin drbob W tntail.coova 03/25/1.5 YIPC Hearing Patty Orona 701 S 38th Ave #5 Yakima, WA 98902 03/25/15 YPC Hearing Gwen Seward 701 S 38th Ave #7 Yakima, WA 98902 03/25/15 YPC Hearing Lynn Walters 701 South 38th Ave #18 Yakima, WA 98902 03/25/15 YPC Hearing Larry Fuller rnaa xwe l l @hotm a i 1. corn 03/25/15 YPC Hearing Janice Gonzalez Janicegevvfwc.org 03/25/1.!5 YIPC IHeariing Steve Hill Sshlil538(gmaii:com 03/25/15 YPC Hearing Wanda Fuller fullerwandat hotnnail,com 03/25/15 YIP(: Hearing Bryon Underwood bhunderwood@msn cont 03/26/1.5 Eianaii Comments Jack & Nancy Westford 1837 Northshore Rd Bellingham, WA 98226 nwestford @gmail.conl 04/02/15 Comment Il...etter Luis Sandobal 1001 East Race Street Yakima, WA 98901 04/08/15 IF-Irrnaiilled Corrrnmernt NVRSTUK nvrstuk@.elIt&l.net 03/27/1!5 CarnMeIrnt: I..eVae`Ir Robert F. Lockbeam PO Box 10056 Yakima, WA 98909 04/02/15 Comment Letter Barbara Cline 1460 North 16th Avenue, Ste. A Yakima, WA 98902 barbara@traho.com 04/08/15 YPC Meeting Miguel Alvarez 104 South 7th Street Yakima, WA 98901 04/01/15 E.-Ima'tllled Comments Kim Kovalik kim.kovallk@charter.net, 04/02/15 Comment Il..atter Elizabeth Angland Koury Family Limited Partnership 806 South 24th Avenue Yakima, WA 98902 04/08/15 YPC Meeting Jay Sentz 118 Gilbert Drive Yakima, WA 98902 04/08/15 YPC Meeting Connie G. Simmons 2061/2 S 7th St #2 Yakima, WA 98901 05/19/15 Council II -tearing Gary Rufener 1408 North 1st Street Yakima, WA 98901 05/27/1..5 YPC Meetliling, Dennis Macias 1010 North 20th Avenue Yakima, WA 98902 06/.10/1..5 YPC Meetliing Davin Shergill 1504 N 1st St Yakima, WA 98901 06/10/15 YPC Me Resident 4702 Sum "'vlew Ave #100 Yakima, r A 98908 04/08/15 YPC Meeting Mark Johnson 614 South 24th Avenue Yakima, WA 98902 05/19/1.5 Council0 Hearing Bill Brado McEwen Lakeside, LLC 203 Oak Street Yakima, WA 98901 Wbrado • Aol.com 05/19/15 Counlcill V-Ileariirtig Amarjit Nijjar 1219 North 1st Street Yakima, WA 98901 05/1.9/11.5 C¢:o rn¢.I'ili I leari ng Rev. Willie Pride The Atlantic Building LLC 2607 Logan Avenue Yakima, WA 98902 05/27/15 YPC Meeting Bev Luby Bartz 114 North 7th Street Yakima, WA 98901 06/10/15 YPC IMeetang Maud Scott 309 Union Street Yakima, WA 98901 06/1.0/1!5 YPC: Tom Dul 513�font St Ste CI Yaki�,,� ma, WA 98901 06/1.0/15 YPC Meeting Gary Rufener garyerufe ner@aol.cort Appkant Anita Monoian Yakima Neighborhood Health Services 12 South 8th Street Yakima, WA 98901 1 ppi11 calrnt Nathan Poel Yakima Neighborhood Health Services 12 South 8th Street Yakima, WA 98907 nathan orfltor.. Applicant Anita Monoian Meyer, Fluegge & Tenney, P,5, PO Box 2605 Yakima, WA 98907 �,i'014 1'n.99,.9' tn:: Y'9.blAtt Applicant Rachel Saimons, Attorney PO Box 22680 Yakima, WA 98907 sa6u-nonsC rnftlaw,c soy Abn1:,lic ar o. Rhonda Hauff Yakima Neighborhood Health Services PO Box 2605 Yakima, WA 98907 RE'9111111310ifeillblaRTS DOC_ INDEX 06/10/1!5 YPC Meetiing Rajiv Sauson 1223 N 1st St Yakima, WA 98901 06/10/15 YIfDC Meetlilnlg Phyllis Musgrove 424 N 30th Ave Yakima, WA 98902 06/10/15 YIfDC Meeting Jaswant Singh 912 N 1st St Yakima, WA 98901 Alplplliic:ant Rhonda Hauff Yakima Neighborhood Health Services 12 South 8th Street Yakima, WA 98901 Applicant Jamie Carmody Meyer, Fluegge & Tenney, P.S. PO Box 22680 Yakima, WA 98907 ca r m ody@ nn ft la w. coni Applicant t Nathan Poel Yakima Neighborhood Health Services PO Box 2605 Yakima, WA 98907 raxti 101?9.9. 101 dtlSeffl Phone crallp request Al Bradley 109 S 8th Street Yakima, WA 98901 AAbradf 1Pmsncom Piropperty Owner ' Sung Lee 702 N. 48th Avenue Yakima, WA 98908 Jullianallboss@vahoo.cam Nuc of CVUYIallGk kai i rte `TXiftOO-)S Sen+- (/)� /l5 06/10/1.5 YIN: Meeting Rick Phillips Yakima Neighborhood Health Services PO Box 565 Yakima, WA 98907 rick h'iIAipsfpy� np� arg DOC. INDEX Name Debbie Cook In -House Distribution Division Engineering E-mail List E-mail Address )ejb b i e . co o k(ii) aki ma wagpv, Dana Kallevig Wastewater Engineering akall..i gayakimaw a. HL.av da n . ri dd 1 e @ yaki mawa. go v Dan Riddle Mg,rik. k rt 01 er@ia k i mawagov Mark Kunkler Jeff Cutter Legal Dept Legal Dept jfe fi. e u titer& qk nu awa.goy Archie Matthews ONDS a Mile m atthewsgyak i M awa.gov Mark Soptich Fire Dept Police Department mark: pti chLya k i ma w a go v Doi n inie.ri zz i (0, yak i m a wa gov Chief Rizzi Joe Caruso Code Administration [ Code Administration .1 op,eara gl(lig,iak imawa,gpv Carolyn Belles cam IMILINIkg.fkOsiglawa.g.Q v. Jerry Robertson Glenn Denman Suzanne DeBusschere Code Administration kn-ry.robertsn(:4 yak i m a wa.go v Code Administration Code Administration Hdci,_:Dgi . d en mgygyAkirp4wa .gp v Su za n ne . d e bu s schereAy a k i 111 awa. go v (lave. brown gyaktmayva. goy Dave Brown Mike Shane Water/Irrigation Engineering m ike.shane@yald fila W a. go v me loyfel aid alma mv Randy Meloy Wastewaterrandy. Scott Schafer Public Works Dept s'.g o tlsedt a fin4ygkinialvaaioy. James Dean Utilities iltme s d eangya k i n1 a wa gp y James Scott Kevin Futrell Refuse Division J4nic.s..§.cP it.@nkjina19..,g kevim futrel I @yak imawa.goy Transit Division Planning joandaven ort d) al< i rn awa . goy Joan Davenport TFor: the Record/File Revised 12/2014 Binder Copy Type of Notice: f6161 J File Number(s): C61-15 Date of Mailing: _LI ) DOC. INDEX Maxey, Lisa From: Maxey, Lisa Sent: Thursday, June 11, 2015 9:30 AM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); 'Carmen Mendez'; Carmen Mendez (mdcmm303 @gmail.com); Dave Fonfara; Ensey, Rick; Patricia Byers; Ron Anderson; Scott Clark; William Cook (cook.w@charter.net); Aaron, Robbie; Allyn, Kaarre; Beehler, Randy; Bill & Linda Beerman; Brown, Michael; Business Times Randy Luvaas (E-mail); City of Union Gap; City of Union Gap; Clear Tee, Sonya; CWHBA Joe Walsh (E-mail); Danielle Surkatty; David Gaudette; David Kearby - Associated General Contractors of WA; Davido, Sean; Dianna Woods; Doug Carey; Evodio Reyes; Farmworker Housing Marty Miller (E-mail); Gary Forrest; Jamie Carmody; Ken Camarata - AIA; Crockett, Ken; Lozano, Bonnie; Luz Bazan Gutierrez - RCDR; Mike & Cindy Noble; Mike Dooley - Wilbert Precast; Mike Shinn; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson(ron@traditionaldesignsinc.com); Sandy Lloyd; Smith, Valerie; Steve Erickson; Steve S; Terrence Danysh; Terry Keenhan; Thomas Carroll; Walt Ranta; Crockett, Ken; Daily Sun News - Bob Story; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV News; KIMA TV News - Crystal Bui; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times - George Finch; Beehler, Randy Cc: Peters, Jeff Subject: NOTICE OF REMAND HEARING - Mission Uses - TXT#001-15 Attachments: NOTICE OF REMAND HEARING - City Planning - Mission Uses-TXT_001-15.pdf Attached is a Notice of Remand Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Jeff Peters at (509) 575-6163 or by e-mail at "e eters akimawaLari. Thank you! Ly Department A.ssista nt i.i (509) :i°76-6669 Llsa.;Maxey(d)yakimawa , ov City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 1 00 A daily part of your life yakima-herald.com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline, by contacting your account rep at (509) 577-7740. Date: 06/08/15 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: DEPT OF COMMERCIAL ECONOMICAL DEVELOPEME 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Ad ID: 552053 Start: 06/11/15 Stop: 06/11/15 Total Cost: $119.85 Agate Lines: 67 # of Inserts: 2 Ad Class: 6021 Account Rep: Simon Sizer Phone # (509) 577-7740 Email: ssizer@yakimaherald.com Run Dates: Yakima Herald -Republic 06/11/15 YakimaHerald.com 06/11/15 Ad Proof CITY OF YAKIMA NOTICE OF REMAND HEARING DATE: June 11, 2015 TO: Members of the Public and Parties of Record FROM: Joan Davenport, AICP, Com- munity Development Director SUBJECT: Notice of Remand Hearing regarding the City of Yakima Planning Commis- sion's Recommendation to the Yakima City Council incorpo- rating a new definition of "Mis- sion" into the City of Yakima's Municipal Code. CITY FILE NUMBER(S): TXT#001-15 NOTICE OF REMAND: On May 19, 2015, the Yakima City Council considered a recom- mendation and accompany- ing ordinance by the City of Yakima Planning Commission to incorporate a new definition and land use category for a "Mission" into the City's Munici- pal Code. Following testimony from the public during an open record hearing and deliberation on the matter, the City Council voted unanimously to remand the issue and ordinance back to the Planning Commission for further public input and work. The file containing the com- plete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington Additional information may be found on the City of Yakima Planning website under Quick Links beneath the "Yakima Planning Comrnusslon" head- ing: http://www.yakimawa.gov/ services/planning/ NOTICE OF REMAND HEARING: This request requires that the City of Yakima Planning Commis- sion hold an open record public hearing. The public hearing is scheduled to be held on Wednesday June 24, 2015, beginning at 3:30 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 96901. If you have any question on this pro- posal, please call Jeff Peters, Supervising Planner at (509) 575-6163. (552053) June 11, 2015 DOC. I" D' #me �. NOtic CITY OF YAKIMA NOTICE OF REMAND HEARING DATE: June 11, 2015 TO: Members of the Public and Parties of Record FROM: Joan Davenport, AICP, Com- munity Development Director SUBJECT: Notice of Remand Hearing regarding the City of Yakima Planning Commis- sion's Recommendation to the Yakima City Council incorpo- rating a new definition of "Mis- sion" into the City of Yakima's Municipal Code, CITY FILE NUMBER(S): T ;Ttfool-15 NOTICE OF REMAND: On May 19, 2015, the Yakima City Council considered a recom- mendation and accompany- ing ordinance by the City of Yakima Planning Commission to incorporate a new definition and land use category for a "Mission" into the City's Munici- pal Code. Following testimony from` the public during an open record hearing and deliberation on the matter, the City Council voted unanimously to remand the issue and ordinance back to the Planning Commission for further public nput and work. The file containing the corn. flets appilcatlon is available or public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington Additional Information may be found on the City of Yakima; Planning website under Quick Links beneath the "Yakima Planning Commission" head- ing: http://wwwroyaklumawa.ggov/ servicss/plannln / NOTICE OF REMAND HEARING: This_ request requires that the City of Yakima PlanningCommis- sion hold an open record public hearing, the ptiblic hearing is scheduled to be held on Wednesday Jun 24, 2015, beginning at 3:50 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA Any person desiring to express their views on this manor Is invited to attend the public hearing or to submit written comments to: City of Yakima, PlanningDivision, 129 N 2nd St., Yakma, WA 95901. IN you have any question on this pro- posal, please call' Jett Peters, Supervising Planner at (509) 575-5153. (552053) June 11, 2015 COMM. I EVE.LOPMENT I 1 ".P Is`TMENT Joan Davenport, AICP, .Director lianning 1 w9"ioiiort Secolui si' t'e f .:„ .2nd Floor lnd (509) 575 261).1!')3 m' .1'202 (51...P9.) 525-6.1.05 NOTICE OF REMAND HEARING DATE: June 11, 2015 TO: Members of the Public and Parties of Record FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Remand Hearing regarding the City of Yakima Planning Commission's Recommendation to the Yakima City Council incorporating a new definition of "Mission" into the City of Yakima's Municipal Code. CITY FILE NUMBER(S): TXT#001-15 NOTICE OF REMAND On May 19, 2015, the Yakima City Council considered a recommendation and accompanying ordinance by the City of Yakima Planning Commission to incorporate a new definition and land use category for a "Mission" into the City's Municipal Code. Following testimony from the public during an open record hearing and deliberation on the matter, the City Council voted unanimously to remand the issue and ordinance back to the Planning Commission for further public input and work. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. Additional information may be found on the City of Yakima Planning website under Quick Links beneath the "Yakima Planning Commission" heading: http://www.vakinnawa4oviservices/clannino/ NOTICE OF REMAND HEARING This request requires that the City of Yakima Planning Commission hold an open record public hearing. The public hearing is scheduled to be held on Wednesday June 24, 2015, beginning at 3:30 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Jeff Peters, Supervising Planner at (509) 575-6163. ZONING TEXT AMENDMENT — "MISSION" USES TXT#001-15, SEPA#007-15 EXHIBIT LIST CHAPTER E Public Comments E-1 Comment Letter received from Reed C. Pell Law Offices 06/10/2015 June 10, 2015 To: REED C. P'ELL LAW OFFICES 7 SOUTH THIRD AVENUE YAK.A, WA 98902 1-509-952-3669 c City of Yakima Planning Commission From: Reed C. Pell Re: CITY PLANNING D ViSK N / Y Si IF V1 q_ (:.. NTER" USES — Proposed fleet ti nien TXT110 1 5 and 'Fr10 2.w' (1i] O fix; It is my understanding that you are having a Study Session this afternoon at 3:30 pm regarding the above matter. Mr. Jeff Peters, Supervising Planner, has advised me that if I forward this letter to him by 3:00 pm today he will provide copies to you. This matter has been remanded to you by the City Council for further review and consideration. I have reviewed the City Council Meeting at which this issue was considered and it appears that both the citizens that testified and the Council Members were concerned that the proposal being made included a recommendation of just a Class 2 review. The purpose of this letter is to urge you to adopt a Class 3 review on Mission and Resource Service Center Uses. The Yakima Urban Area Zoning Ordinance includes several uses that are permitted only with a Class 3 review, to -wit: Social Card Rooms (See YMC A" 9 d 9O, Horse Racing Tracks, Speedways CemeterylCrematorium with Funeral Home Hospital (*) Outside Institutional Overlay Correctional Facilities Senior High School Wastewater Sprayfield (*) Zoo (*) Treatment Centers For Drug and Alcohol Rehabilitation of,;: ���� Rendering Plants, Slaughter Houses Mining Including Sand and Gravel Pits (*) Off -Site Hazardous Waste Treatment and Storage Facilities (*) Golf Courses, Clubhouses, Golf Driving Ranges Concentrated Feeding Operation The City has determined that the above uses can be so detrimental to surrounding property owners that the only way they should be permitted, if at all, is with a Class 3 Review. Note that one of the uses that requires a Class 3 Review is Treatment Centers for Drug and Alcohol Rehabilitation; a problem that is epidemic to people who find their way to a Mission. In summary, it is my recommendation that a Mission and/or Resource Service Center Use be permitted only with a Class 3 Review. Do we really want anat orth First Street disaster in some other area of the City? Si Reed C. Pell DOC. l ,i DIU # E' A B C D G N M N J YANIMA URBAN AREA ZONING ORDINANCE ZONING MAP JAZO AOopted Manan 4 1986 Amro., December 19 2014 )Ord nance 2014 36; ENectve Date January 4 7815 Dulcet REFERENCE 0tienllon59 CI,Y COUNCIL TFIEPNONE GUIDE Please Lall Valoma City Planrnnq Doe, or 10915756103 me.e Goo., No, IA, Tote, 5.Py Cc• , AMw.e Mayor tuw.d 41 Ma, It CM Cave, 570.4460 M.e.nAd.m1(O.re 1, Coy Manore, 575-6040 Sara Now (490144 ]I BUN, Form/whim. 575,31211 R. Emmy 1.6.41 31 eery Enamor 5758111 pare ENO. 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Or PA ate en 03 MOW nt Q.12 enneella 171 on en • ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Oorrei Item No. 9. For Meeting of: July 21, 2015 Public hearing and ordinance regarding the Yakima Planning Commission's recommendation related to the City Council's remand of the use and definition for "Mission" in the GC, CBD, and M-1 zoning districts Joan Davenport, AICP Community Development Director Jeff Peters, Supervising Planner (509) 575-6163 SUMMARY EXPLANATION: • **REVISED SUMMARY JULY 20, 2015*** On May 19, 2015, in an open record public hearing, the Yakima City Council considered the Yakima Planning Commission's recommendation to incorporate a new use and definition for "Mission" into the City of Yakima's Municipal Code. Following significant public testimony, the Yakima City Council voted to remand the ordinance and recommendation back to the Planning Commission to provide for more public input and involvement from property owners along N. IS` Street, and consideration of increasing the level of review of a "Mission" use from a Type (2) Review without a public hearing and to a Type 3 Review with a public hearing and development agreement. As requested, the City of Yakima Planning Commission conducted two public study sessions on May 27, June 10, and a public hearing on June 24, 2015, to consider the issues. Now, the Yakima City Council is being asked to hold a public hearing to consider the Planning Commission's remand recommendation and revised ordinance defining a "Mission" use. , and increasing the level of review to that of a Type (3) Review. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No • Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: The City of Yakima Planning Division recommends that the Yakima City Council hold the required public hearing and consider the Planning Commission's recommendation, and accompanying draft ordinance incorporating the definition and use of a "mission" into the City of Yakima's Municipal Code. ATTACHMENTS: Description Upload Date ❑ Proposed Ordinance_Mission Remand-TXT#001-15 7/9/2015 ❑ Complete Record - Mission Remand 7/9/2015 Type Ordinance Backup Material • • AN ORDINANCE ORDINANCE NO. 2015 - relating to land use; amending Section 15.02.020 of the Yakima Municipal Code to add definition of mission use, and amending Table 4-1 of Section 15.04.030 of the Yakima Municipal Code designating such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima. WHEREAS, the City Council has previously adopted ordinances establishing zoning districts within the City of Yakima, defining certain land uses, and designating such uses within the zoning districts, all as codified in Title 15 of the Yakima Municipal Code (YMC); and WHEREAS, the City Council previously adopted Ordinance No. 2014-027 implementing a moratorium on the acceptance of applications for, processing and issuance of, land use approvals and permits for "mission uses" within the SCC Small Convenience Center zoning district pending adoption of a comprehensive regulation governing such uses; and WHEREAS, the Planning Commission of the City of Yakima has conducted meetings and a public hearing on March 25, 2015 pursuant to notice, and after consideration of all comments, evidence and testimony presented has presented a recommendation, supported by appropriate findings of fact and conclusions of law adopted April 8, 2015, to the City Council; and WHEREAS, the City Council held a public hearing on May 19, 2015 to receive and consider the recommendation of the Planning Commission, and after receiving public comment and testimony, remanded the recommendation to the Planning Commission to consider whether new mission uses should be considered Class (3) uses in the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the Planning Commission has held a study session and conducted a public hearing on June 24, 2015 concerning such issues, and having considered all evidence and testimony presented, has adopted Findings of Fact, Conclusions and Recommendation; and WHEREAS, the City Council has received the recommendation of the Planning Commission and has conducted a public hearing on July 21, 2015 pursuant to notice duly published to consider such recommendation; and WHEREAS, the recommendation of the Planning Commission supports the amendment of YMC 15.02.020 to add a definition of "mission" use, and to amend Table 4-1 of YMC 15.04.030 to allow such use as a Class (2) use only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima, but requiring that new mission uses within such zoning districts shall 1 be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner; and further that any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner; and WHEREAS, the City Council finds and determines that such recommendation is supported by previous interpretations of record by the hearing examiner as set forth in In re: Union Gospel Mission, City No. UAZO-Interp. No. 1-92, Examiner No. 192-5-2 (Lamb, Feb. 27, 1992); and In re: Modification of Interpretation, Union Gospel Mission, Interpretation No. 2-95, Examiner No. 195-5-27 (Lamb, June 9, 1995); and WHEREAS, the City Council finds and determines that YMC 15.02.020 should be amended to add a definition of "mission" use consistent with the definition previously formulated by the hearing examiner, and that Table 4-1 of YMC 15.04.030 should be amended to allow such use as a Class (2) use with a Type (3) review as described above, and with an approved development agreement within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima; and WHEREAS, the City Council finds and determines that the amendments described above 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. The recommendation of the City of Yakima Planning Commission as described above is received, together with the Planning Commission's Findings of Fact and Conclusions of Law in support thereof, which Findings of Fact and Conclusions of Law are hereby adopted by the City Council. Section 2. YMC 15.04.020 is hereby amended to add a definition of land use for "mission" use to read 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 public at large. Mission uses shall be Class (2) uses within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts as set forth in Table 4-1, YMC 15.04.030, and subject to a Type (3) review as set forth in Chapter 15.15 YMC with a development agreement incorporating applicable development standards 2 and mitigations imposed by the hearing examiner. Effective as and from August 24, 2015, any modification of an existing mission use shall be subject to the modification procedures and provisions of Chapter 15.17 YMC; provided, that any proposed modification that does not meet the criteria in YMC 15.17.040 for administrative review and approval shall be subject to a Type (3) review with a development agreement incorporating applicable development standards and mitigations imposed by the hearing examiner. Section 3. Table 4-1 of YMC 15.04.030 ("Health and Social Service Facility" component) is hereby amended to provide that mission uses are Class (2) uses only within the GC General Commercial, CBD Central Business District, and M-1 Light Industrial zoning districts within the City of Yakima, and not allowed within any other zoning districts, and subject to Type (3) review with a development agreement, all as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, and with such changes shown in legislative format as set forth in Exhibit "B" attached hereto and incorporated herein by this reference. Section 4. 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 21st day of July, 2015. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: 3 EXHIBIT "A" (Table 4-1, YMC 15.04.030) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) R- R- R- B- B- 1 1 1 M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3 2 Mission (*) (with Type (3) review, and development agreement — see definition) 2 2 NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 4 EXHIBIT "B" (Table 4-1, YMC 15.04.030 — Changes shown in legislative format) Table 4-1 Permitted Land Uses ("Health and Social Service Facility" Component) HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) R- R- R- B- B- 1 1 1 M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1 Treatment Centers For Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3 2 Mission (*) (with Type (3) review, and development agreement — see definition) 2 2 NOTES: * Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required [ ] = Not Permitted 5 Distributed at the, i fry Meeting 1 -I.1 S / City of Yakima Planning Commission — Mission Use and Process Recommendation Matrix Class (1) Use Class (2) Use Class (3) Use Planning Commission Recommendation Compatibility of Class of Use Permitted Generally Permitted (May require mitigation) Generally Not Permitted (Requires mitigation and increased public involvement to allow at proposed location) Class (2) Use: Generally Permitted (May require mitigation) Burden of Compatibility None - Use is Permitted Surrounding neighborhood has the burden to prove that the use does not fit with its surroundings. Developer/Applicant has the burden to prove that the proposed use through public notice, hearing and mitigation that the use fits with its surroundings. Class (2) Use: Generally Permitted: Surrounding neighborhood has the burden to prove that the use does not fit with its surroundings. Level of Review Type 1 Review Type 2 Review Type 3 Review Type 3 Review Public Process Requirements Notice to Surrounding Property Owners (300 ft. radius) v /� v /� v /� Posting of Property with Land Use Signs v /� v /� Legal Notice in Paper v " Review and Approval by Administrative Official (Planning Division) v /� v /� Approval by Hearing Examiner v v Development Agreement " City Council Public Hearing for Development Agreement /� Distributed at the. Meeting / May 30, 2015 To whom it may concern: In 1994, I was a marketing and public relations consultant hired by the Yakima Gateway Organization (Yakima GO). As such I participated in the negotiations with the Union Gospel Mission regarding its relocation from Front Street to its current site on North First Street. I attended every official negotiation session and participated in several private and small group discussions between Yakima GO members and representatives of the mission. One of the most -important issues to Yakima GO was limiting access to the site. As a result, that topic became a major point of discussion during the negotiations. The end result was a clear agreement that access would be limited in various ways, including a stipulation that Oak Street would not become a point of ingress or egress. At the mission's request, though, it was agreed that utility easements could be accessed through Oak Street. In return for the mission's agreement to this and several other conditions, Yakima GO withdrew its opposition to the relocation. PO Box 2052 Yakima, WA 98907 509-457-4886 hifpsj/mail.aol.com! QuAnna Grove Riverside Christian Araceli Martinez Eisenhower Julia Villasenor West Valley Jeff Hayes Naches Alejo Rule Eisenhower Austin Kent Riverside Christian Karly Smith Eisenhower Not Pictured: Celine Bren, Kaylyn Brookman, Quinton Cline, Susan Drake -Wilkes, Daniel Foster, Alicia Harlington, Kristen Knight, Sandra Mendota, Monique Sepulveda, and Waiter Watkins. 7 pray that out of his glorious riches he may strengthe you with power through his Spirit in your inner being, so thot Christ may dwell in your hearts through faith." Cohesions 3:16-17 UNION GOSPEL MISSION PRAYER REQUEST As many of you saw we made the front page of the Yakima Herald this week. Just a brief note to let you know what is occurring. In an effort to continue growing in our efforts to Rescue Recover & Restore God's glory through helping the poor and needy, we are in the process of enlarging our medical facility and providing separate long term residential living quarters for our New Life Program participants. A few of our business - owning neighbors are concerned that this will have a detrimental impact on the North 1st Street area. This concern reached the City, halting our building efforts until a decision is made after a June 17 hearing. At this hearing it will be determined if our Medical Care Center and residential project is a permitted use in the General Commercial zoning area under a type 2 review. The opposition is pushing for a ruling that any Mission development should not be considered a permitted use and be subject to a type 3 review. Basically saying, we are creating the same level of danger to a community as a nuclear facility, landfill or a toxic waste dump. If this were to happen it would make it terribly difficult to expand to provide needed services to the homeless and poor of our Yakima Valley. But you know, as well as I do, all the good God is doing through us and any delay in these efforts would be detrimental. eVirdilitkttigiii,bu pray for those who oppose us, for the City Planning Commission as they make the decision on how we proceed, and for our Distributed at the, Meeting -t S' 6/12/15. 4:45 PF.: Paae 3 of = Jul 22 15 12:11p BILL BRADO 1s\, alt. © R,\kk, within your land that the Lord your God is giving you, you sheJi not harden your heart or shut your hand against your poor brother." Deuteronomy 15:7 Rick Phillips Executive Director, Union GQ. 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See you at Ghormley this summer! Forward email This email was sent to radiogo!fr;e%aol.cernby race.i.Ip£1ate,_ yakirnagrace.cOm Update Pr.:zfil_•jErnau Address Rapid removal with Sas-Unsubscribs:"" Privacy o�licy. aterstontanime i'iosi,maa comgamape sli FETeSb rian Church of Yakima 9 S 8th Ave Yakima WA 98902 p.1 5(13/15. 10:46 AM ?doe 1 of