HomeMy WebLinkAbout03-25-15 YPC PacketCOMMLINITY DEVELOPMENT DEPART'MENT
loan Davenport, AICP, Director
111annin"g Division
12: Nor lh Seclondi Sl ree4 2nd .Vloor° I'd: inia, Washingion 98 901
City of Yakima Planning Commission
PUBLIC HEARING
City Hall Council Chambers
Wednesday March 25, 2015
3:30 p.m. - 5:00 p.m.
Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose,
Bill Cook, Patricia Byers, Ron Anderson, Carmen Mendez
ItE "4'.,iRF1 / llF11,E
City,Plannian - S!4
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising
Planner); Valerie Smith (Senior Planner); Robbie Aaron and Trevor Martin (Assistant Planners);
Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Planning Commission Meeting Minutes
* February 25, 2015 and March 11, 2015
VI. Public Hearing:
Zoning Text Amendment - "Mission" and "Resource Service Center" Use
TXT#001-15, SEPA#007-15
VII. Other Business
VIII. Adjourn
Next Meeting. April 8, 2015
SIGN -IN ET
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday March 25, 2015
Beginning at 3:30 p.m.
Meeting
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Page 2 03/25/2015 YPC Hearing
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Pagel 03/25/2015 YPC Hearing
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY DEVELOPMENT
MISSION AND COMMUNITY RESOURCE SERVICE CENTER URBAN AREA
ZONING ORDINANCE TEXT AMENDMENTS
March 25, 2015
Open Record Public Hearing
Concerning Urban Area Zoning
Ordinance (UAZO) Text
Amendments
SUMMARY OF RECOMMENDATION:
City Staff recommends the following:
Staff Report
Staff Contact: Jeff Peters,
Supervising Planner
575-6163
FOR T1:
1) The Yakima Planning Commission (YPC) consider incorporating the City of Yakima
Hearing Examiner's (Examiner) 1992 and 1995 Use Interpretations into the City of
Yakima's Urban Area Zoning Ordinance (UAZO), establishing a Mission definition, and
land use category within Table 4-1, Table of Permitted Land Uses, as a Class (2)
Review in the Central Business District (CBD), General Commercial (GC), and Light
Industrial (M-1) zoning districts.
2) Consideration of a request by Yakima Neighborhood Health Services to establish a
new land use definition titled "Community Resource Service Center' into Table 4-1,
Table of Permitted Land Uses as a Class (2) Review in the Central Business District
(CBD), General Commercial (GC), Light Industrial (M-1), Small Convenience Center
(SCC), and Large Convenience Center (LCC) zoning districts.
BACKGROUND:
A. Abbreviated History of Mission Use
On February 13, 1992, at the request of the City of Yakima (City), a Use Interpretation
was initiated by the Examiner. The purpose of the interpretation, as defined by the
Examiner's decision INT#1-92, was to review the nature of the activities conducted by
the Union Gospel Mission (UGM), and determine whether those activities fit within an
existing land use classifications of the City's Zoning Ordinance. Also, in the event that
there was no acceptable category of land use, a new land use and level of review would
be established and defined.
The Examiner defined the activities provided by the UGM as a range of services
including: spiritual and material support, meals both on and offsite, clothing and other
staples, dental clinics, foot clinic, shower and similar facilities, residential facilities, youth
center, food and lodging facilities for homeless men and families, drug and alcohol
rehabilitation, dormitory and family shelter, dining and kitchen facilities, auditorium,
gymnasium, and maintenance repair shops. The uses primarily reviewed by the
Examiner included: Community Center, Halfway House, Detention Centers, Hospitals,
Group Home, High Density Multi -Family Dwelling Units, and Boarding Houses. The
zoning districts considered included the Central Business District (CBD), Central
Business District Support (CBDS), and Light Industrial Zoning District (M-1).
On February 27, 1992, the Examiner issued his Use Interpretation stating that "The
combination of uses typified by the UGM shall be characterized as a "Mission," subject
to Class (2) Review in the Central Business District (CBD) and Central Business District
Support (CBDS) zones." The Examiner went on to define the Mission use 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."
On July 10, 1992, the City of Yakima processed and issued a Class (2) Review CL(2)
#10-92 to locate the UGM at 1300 North First Street, subject to three conditions of
approval.
On July 24, 1992, the Yakima Gateway Organization appealed the Administrative
Official's decision for CL(2) #10-92 to the Examiner.
On October 20, 1992, the Examiner rendered his decision on the application submitted
by the Yakima Gateway Organization upholding the Administrative Official's decision to
approve the CL(2) #10-92 application, to allow the UGM to locate at 1300 N. 1 st Street.
On June 9, 1995, at the request of the UGM, the Examiner issued a second use
interpretation, amending the previous 1992 interpretation, reaffirming the uses
considered to be part of the Mission definition to: "churches, community centers, day
care centers, half -way houses, hospitals, correctional facilities, libraries, and schools",
and allowing the Mission use to be considered in the M-1 zoning district.
B. History of Community Resource Service Center Use
At the Planning Commission's January 14, 2015, meeting YNHS provided testimony
regarding their opinion about incorporating the Mission use into the City of Yakima's
UAZO. Following that meeting YNHS attended several other meetings with City staff to
discuss the land use process for their application for a Use Interpretation that was slated
to be heard by the City Examiner. During those meetings, YNHS clearly communicated
that they felt that their proposed use was different than that of a Mission as defined by
the Examiner's 1992 and 1995 interpretation decisions in both overall size, and scale of
services. Based upon the applicant's insistence that their use was not like that of the
Mission, City staff indicated that the correct process for incorporating new uses into the
City's UAZO was through the legislative Planning Commission process. In accordance
with this proposed information, on March 4, 2015, the applicant submitted an application
for consideration of a new land use titled "Community Resource Service Center" which is
defined as "a mixed use facility providing programs, resources, assistance and
temporary shelter to homeless and pre -homeless populations of the immediate
community." In addition, the applicant also requested that the Community Resource
Service Center be permitted as a Class 2 Use in the CBD, GC, M-1, SCC, and LCC
zoning districts provided there is a need established with respect to the immediate
neighborhood and service area.
ENVIRONMENTAL REVIEW (SEPA)
On March 9, 2015, the City of Yakima issued a Notice of Application, Environmental
Review and Determination of Non -Significance (DNS) for this application.
PA
Following the required 20 -day public comment period which is set to expire on March 30,
2015, the City of Yakima Planning Division is presently inclined to retain its DNS on
these proposed text amendments.
PUBLIC NOTICE Date Accom lished
Notice of Application and Environmental Review March 9, 2015
Legal Ad Publication March 6, 2015
Notice of Public Hearing March 6, 2015
PLANNING COMMISSION PROCESS FOR REVIEW OF PROPOSED AMENDMENTS:
1. The Planning Commission shall consider two separate requests for the
establishment and incorporation of new zoning definitions and uses within the City of
Yakima UAZO: 1) a Mission use as established by the Examiner in 1992 and 1995,
and 2) a Community Resource Service Center as defined by YNHS. The Planning
Commission should consider both Zoning Text Amendment requests as separate
applications requiring individual consideration, discussion, findings of fact, and
recommendation to the Yakima City Council.
2. As these applications include the creation and incorporation of new land use
categories, any discussion related to pending zoning applications, site specific, or
project related topics should be avoided and discouraged.
3. Prior to making a recommendation regarding the Mission use, the Planning
Commission should have reviewed the Examiner's 1992, and 1995 Use
Interpretation Decisions (INT#1-92 & INT#2-95), the UAZO zoning district intent
statements for the CBD, GC, and M-1 zones, Table 4-1 Permitted Land Uses, the
definition of Mission, and the definitions of Class (1), (2), & (3) Review as provided
below, and found in Yakima Municipal Code (YMC) §§ 15.02, 15.03, and 15.04.
4. Prior to making a recommendation regarding the Community Resource Service
Center Use, the Planning Commission should have reviewed the applicant's
proposed definition of a "Community Resource Service Center". The proposed
services provided by the definition; locational specific standards proposed by the
applicant; the zoning district intent statements for the CBD, GC, M-1, SCC, and LCC
zones; Table 4-1 Permitted Land Uses; definition of Class (1-3) Review; and other
supporting documentation submitted.
5. For each of the two proposed new land uses the Planning Commission should
review the appropriate zoning district intent statement and provided findings that the
proposed use either meets or does not meet the zoning district intent statements,
and underlying development standards provided in YMC Title 15 UAZO.
6. Only uses that are consistent with the zoning district intent statements and
underlying development standards without any mitigation or requirement for public
process, should follow the Class (1) Review process.
7. New uses that generally meet the zoning district intent statements and underlying
development standards, but may require site plan review to mitigate for undesirable
3
impacts to ensure compatibility with the intent and character of the district and
objectives of the Comprehensive Plan should follow the Class (2) Review process.
8. New uses that are generally incompatible with adjacent and abutting property
because of their size, emissions, traffic generation, neighborhood character; or for
uses that require increased public process through a public hearing to appropriately
mitigate for the use's impacts in terms of development standard compliance,
neighborhood compatibility, public services, and comprehensive plan compliance
should follow the Class (3) Review process.
9. In reviewing both applications the Planning Commission should take careful
consideration to not permit any use in any zoning district unless evidence is
presented which demonstrates that it will comply with the district intent statement
and that evidence is presented which demonstrates that it will comply with the
development standards established for the particular district.
DEFINITIONS AND ZONING DISTRICT INTENT STATEMENTS
For the Planning Commission's convenience the City Planning Division has provided the
below zoning district intent statements and related definitions for ease of use during their
deliberations.
1. Zoning District Intent Statements:
Small Convenience Center District (SCC). The purpose and intent of the small
convenience center district is to:
Provide areas for commercial activities outside the downtown commercial district
that meet community retail shopping and service needs; and
2. Accommodate small commercial centers, generally two to five acres in size, where
most of the commercial uses have located in a coordinated manner around a common
parking lot and one major commercial approach driveway.
Small convenience centers serve the day-to-day convenience shopping and service
needs of the surrounding neighborhood and should be designed to minimize undesirable
impacts of the center on the neighborhood it serves. Uses in this district should be retail
or personal service establishments dealing directly with the consumer, the primary
occupants usually being such uses as a supermarket, fast food restaurants and drug
store.
C!
I a[ge Convenience Center (LCC). The purpose and intent of the large convenience
center district is to:
1. Provide areas for commercial activities outside the downtown commercial district
that meet the retail shopping and service needs of the community; and
2. Accommodate commercial centers, generally five to ten acres in size, where most of
the commercial uses are coordinated in a manner around a common parking lot and
usually with two major commercial approach driveways
Large convenience centers serve the shopping and service needs of multiple
surrounding neighborhoods and should be designed to minimize the impacts. Uses in
this district should be larger retail or personal services, the primary occupants usually
being such uses as multiple -tenant shopping, restaurants, office complexes, and multi
mixed -uses.
General Commercial District (GC). The purpose of the general commercial district is to
accommodate wholesale and retail activities with some high-density residential
development. This district is primarily located near and along the major arterials as
designated in the Yakima urban area comprehensive plan. Like the CBD district, a
variety of land uses are permitted. However, the intensity of development is intended to
be less than in the CBD district.
Central Business District (CBD). The purpose of the central business district is to
preserve the business district of the city of Yakima as the region's center of commerce,
finance, government, industry, recreation, and culture. This district is characterized by
very intensive development and a variety of land uses including retail sales and service
establishments, high-density residential development, financial institutions, professional
buildings, and government offices.
Light Industrial District (M-1). The intent of the light industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and the
railroad for light industrial uses;
5
2. Direct truck traffic onto designated truck routes and away from residential streets;
and
3. Minimize conflicts between uses in the light industrial district and surrounding land
uses.
The light industrial district provides areas for light manufacturing, processing, research,
wholesale trade, storage, and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor, or fumes that
would constitute a nuisance or hazard.
2. Definition of Levels of Review:
"Class (1) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are considered compatible and are permitted on any site in the
district. The administrative official shall review Class (1) uses for compliance with the
provisions and standards of this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 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.
"Class (3) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are generally incompatible with adjacent and abutting property
because of their size, emissions, traffic generation, 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.
on
3. Existing UAZO Definitions for Consideration:
"Clinic" means a structure for the medical examination and treatment of human
patients, but without provision for keeping such patients overnight on the premises.
"Community center" means a facility owned and operated by a public agency or
nonprofit corporation, provided the principal use of the facility is for public assistance,
community improvement, or public assembly.
"Compatibility" means the characteristics of different uses or developments that
permit them to be located near each other in harmony with or without special
mitigation measures.
"Dwelling" means a structure or portion thereof designed exclusively for residential
purposes.
"Dwelling, multiple -family" means a structure or structures, or portion thereof,
designed for occupancy by three or more families living independently of each other
and containing three or more attached dwelling units on a lot.
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one
family and providing complete and independent living facilities, including permanent
provisions for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not
include recreational vehicles or mobile homes.
"Group home" means a place for handicapped, physically or developmentally
disabled adults, or dependent or predelinquent children, providing special care in a
homelike environment. This definition includes homes of this nature for six or fewer
persons, excluding house parents, which are protected by state or federal law as
residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that
provide:
1. State -licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional
institutionalization; or
4. Detoxification centers licensed by the state where alcohol and drug abusers can
be placed in lieu of incarceration for detoxification and treatment from effects of
alcohol and drugs. (See "Clean and sober facility.")
"Hospital" means an institution providing clinical, temporary, and emergency services
of a medical or surgical nature to human patients which is licensed by state law to
provide facilities and services for surgery, obstetrics, and general medical practice as
distinguished from clinical treatment of mental and nervous disorders.
"Mixed-use building" means a building in a commercial district or planned
development used partly for residential use and partly for a community facility or
commercial use.
7
"Mixed-use development" means use of the land or structure for two or more different
uses.
"Multiple -occupancy building" means a single structure housing more than one retail
business, office, or commercial venture.
"Personal service" means a business providing specialized services such as interior
home or business design and shopping services, except as otherwise regulated."
"Public facility" means a facility owned and operated by a governmental agency or
owned and operated by a private entity for the purpose of providing essential public
services to the public including, but not limited to: water, irrigation, wastewater,
garbage, sanitary, transit, police, fire, ambulance, parks and recreation facilities, and
street maintenance. The facility should be located to efficiently serve the people
benefiting from the service.
"Retail services" means uses providing services, as opposed to products, to the
general public. Examples are eating and drinking establishments, motels, real estate
and financial offices, and uses providing health education and social services.
"Use" means the activity or purpose for which land or structures or a combination of
land and structures is designed, arranged, occupied, or maintained together with any
associated site improvements. This definition includes the construction, erection,
placement, movement or demolition of any structure or site improvement and any
physical alteration to land itself, including any grading, leveling, paving or excavation.
"Use" also means any existing or proposed configuration of land, structures, and site
improvements, and the use thereof.
"Use, principal" means the primary or predominant use to which a structure, part of a
structure, or lot is or may be devoted."
CONCLUSIONS
1. The text amendments impact the entire extent of the City.
2. No significant adverse environmental impacts have been identified by the approval of
the amendment request.
3. The requested text amendments to the City of Yakima's Urban Area Zoning
Ordinance are supported by the City of Yakima's Urban Area Comprehensive Plan
2025.
4. The amendments to the Yakima Municipal Code, Title 15 Urban Area Zoning
Ordinance, includes, but is not limited to, two new definitions in YMC § 15.02, and
amendments to YMC § 15.04 Table 4-1 Permitted Uses.
RECOMMENDATION
The Department of Community Development recommends approval of the incorporation
of the Mission use definition, permitted zoning district, and levels of review as specified
by the Examiner in his 1992 and 1995 Use Interpretation decisions.
In regard to the incorporation of the use of a Community Resource Service Center as
defined by YNHS, staff recommends that the Planning Commission carefully study the
issue and provide the Yakima City Council a recommendation after the matter has been
sufficiently considered.
uR, T;m�E
ORDINANCE NO. 2015 -
AN ORDINANCE 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; and
terminating moratorium adopted pursuant to Ordinance No.2014-
027.
WHEREAS, the City Council has previously, adopted ordinances establishing
zoning districts within the City of Yakima, defining rtin land uses, and designating
such uses within the zoning districts, all as c ' ied` in Title, of the Yakima Municipal
Code (YMC); and
WHEREAS, the City Council p sly adopted Ordinance No., 2014-027
implementing an ordinance on the accep of ications for, processing and
issuance of, land use approvals and permits uses" within the SCC Small
Convenience Center zoning district pending a of a comprehensive regulation
governing such uses; and
WHEREAS, th anning Commissiem�r of the f Yakima has conducted'.
meetings and a p ng pursuant to notice, an er consideration of all
comments, evide nd ony prs+nted has ,presented a recommendation,
supported by appy e Fundi of Fact.�a Conclusions of Law, to the City Council„
and
WHEREAS,, the r en f the Planning Commission supports the
amendment of YMC 15:02.0 add a on of "mission" use, and to amend Table
4-1 of'YMC 15.04.030 to allow use as a Class (2) use only within the GC General
Commerdial,',CBD Central. Busine strict, and M-1 Light Industrial zoning districts of
the City of Yakima; 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 within the GC General Commercial, CBD
Central Business District, and M-1 Light Industrial zoning districts of the City of Yakima;
and
1
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. Alkh,
Section ;. YMC 15.04.020 is hereby a
for "mission" use to read as follows: A
Section 3. Table 4-1
component) is hereby amend
within the GC General tom
Industrial zoning districts wi#
zoning districts, all asset fortf
this reference, and with such
"B" attach to and 'In or
No. 211
effective.
passage, a
PASSED BY THE C
ATTEST:
City Clerk
to add a definition of land use
d or operate
f services forth
Lousing for the hot
ker or not of a spi
public at large.
public agency or non-
• dvantaged, typically
, dining facilities,
u Lure, with such
0 ("Health and Social Service Facility"
ssion uses are Class (2) uses only
siness District, and M-1 Light
a, of allowed within any other
shed he to and incorporated herein by
legislative format as set forth in Exhibit
is reference.
and implemented pursuant to Ordinance
)on the date this ordinance becomes
ance shall be in full force and effect 30 days after its
on as provided by law and by the City Charter..
IL, signed and approved this
2
day of.
Micah Cawley, Mayor
, 2015.
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)
....._ ........ ............._......
R- R- R- B- B- 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), 1 1 1 1 1 1 1 1
Adult Family Home (*)
..._._ ........ -
......._ _ _._... .............. _... ..
Treatment Centers For Drug 3 3 3 3 3 3 3 3
and Alcohol Rehabilitation
_......... -___._._
Boarding House (*) 3 3 3 3 3 1 2
�..M ........ _ .................... ......_
Halfway House (*) 2 3 3
Group Homes (more than six), 3 2 2 2 3 3
Convalescent and Nursing
Homes (*)
Mission (*)
2 2 2
NOTES:
* Refers to definition,inYMC 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
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- 2- R 2 B- B- �HB�SCC�LCC��AS�GCLBD�RD�Ml 2
HEALTH AND SOCIAL SERVICE FACILITY
Group Homes (six or fewer), 1 1 1 1 1 1
Adult Family Home (*)
Treatment Centers For Drug 3 � 3
and Alcohol Rehabilitation
Boarding House (*) X 3 1 I1 3 1 3 1 3 1' 3
Halfway House (*) 1I U 1I 12
Group Homes (more than six), 3 2 2 2
Convalescent and Nursing
Homes (*)
3 L 3
Mission M 17�
1
1
3
3
3
3
1
2
3
3
3
3
1 2
12
2
NOTES:
* Refers to definity 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
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY DEVELOPMENT
MISSION AND COMMUNITY RESOURCE SERVICE CENTER URBAN AREA
ZONING ORDINANCE TEXT AMENDMENTS
March 25, 2015
Open Record Public Hearing
Concerning Urban Area Zoning
Ordinance (UAZO) Text
Amendments
SUMMARY OF RECOMMENDATION:
City Staff recommends the following:
Staff Report
Staff Contact: Jeff Peters,
Supervising Planner
575-6163
1) The Yakima Planning Commission (YPC) consider incorporating the City of Yakima
Hearing Examiner's (Examiner) 1992 and 1995 Use Interpretations into the City of
Yakima's Urban Area Zoning Ordinance (UAZO), establishing a Mission definition, and
land use category within Table 4-1, Table of Permitted Land Uses, as a Class (2)
Review in the Central Business District (CBD), General Commercial (GC), and Light
Industrial (M-1) zoning districts.
2) Consideration of a request by Yakima Neighborhood Health Services to establish a
new land use definition titled "Community Resource Service Center" into Table 4-1,
Table of Permitted Land Uses as a Class (2) Review in the Central Business District
(CBD), General Commercial (GC), Light Industrial (M-1), Small Convenience Center
(SCC), and Large Convenience Center (LCC) zoning districts.
BACKGROUND:
A. Abbreviated History of Mission Use
On February 13, 1992, at the request of the City of Yakima (City), a Use Interpretation
was initiated by the Examiner. The purpose of the interpretation, as defined by the
Examiner's decision INT#1-92, was to review the nature of the activities conducted by
the Union Gospel Mission (UGM), and determine whether those activities fit within an
existing land use classifications of the City's Zoning Ordinance. Also, in the event that
there was no acceptable category of land use, a new land use and level of review would
be established and defined.
The Examiner defined the activities provided by the UGM as a range of services
including: spiritual and material support, meals both on and offsite, clothing and other
staples, dental clinics, foot clinic, shower and similar facilities, residential facilities, youth
center, food and lodging facilities for homeless men and families, drug and alcohol
rehabilitation, dormitory and family shelter, dining and kitchen facilities, auditorium,
gymnasium, and maintenance repair shops. The uses primarily reviewed by the
Examiner included: Community Center, Halfway House, Detention Centers, Hospitals,
Group Home, High Density Multi -Family Dwelling Units, and Boarding Houses. The
zoning districts considered included the Central Business District (CBD), Central
Business District Support (CBDS), and Light Industrial Zoning District (M-1).
On February 27, 1992, the Examiner issued his Use Interpretation stating that "The
combination of uses typified by the UGM shall be characterized as a "Mission," subject
to Class (2) Review in the Central Business District (CBD) and Central Business District
Support (CBDS) zones." The Examiner went on to define the Mission use 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."
On July 10, 1992, the City of Yakima processed and issued a Class (2) Review CL(2)
#10-92 to locate the UGM at 1300 North First Street, subject to three conditions of
approval.
On July 24, 1992, the Yakima Gateway Organization appealed the Administrative
Official's decision for CL(2) #10-92 to the Examiner.
On October 20, 1992, the Examiner rendered his decision on the application submitted
by the Yakima Gateway Organization upholding the Administrative Official's decision to
approve the CL(2) #10-92 application, to allow the UGM to locate at 1300 N. 1St Street.
On June 9, 1995, at the request of the UGM, the Examiner issued a second use
interpretation, amending the previous 1992 interpretation, reaffirming the uses
considered to be part of the Mission definition to: "churches, community centers, day
care centers, half -way houses, hospitals, correctional facilities, libraries, and schools",
and allowing the Mission use to be considered in the M-1 zoning district.
B. History of Community Resource Service Center Use
At the Planning Commission's January 14, 2015, meeting YNHS provided testimony
regarding their opinion about incorporating the Mission use into the City of Yakima's
UAZO. Following that meeting YNHS attended several other meetings with City staff to
discuss the land use process for their application for a Use Interpretation that was slated
to be heard by the City Examiner. During those meetings, YNHS clearly communicated
that they felt that their proposed use was different than that of a Mission as defined by
the Examiner's 1992 and 1995 interpretation decisions in both overall size, and scale of
services. Based upon the applicant's insistence that their use was not like that of the
Mission, City staff indicated that the correct process for incorporating new uses into the
City's UAZO was through the legislative Planning Commission process. In accordance
with this proposed information, on March 4, 2015, the applicant submitted an application
for consideration of a new land use titled "Community Resource Service Center" which is
defined as "a mixed use facility providing programs, resources, assistance and
temporary shelter to homeless and pre -homeless populations of the immediate
community." In addition, the applicant also requested that the Community Resource
Service Center be permitted as a Class 2 Use in the CBD, GC, M-1, SCC, and LCC
zoning districts provided there is a need established with respect to the immediate
neighborhood and service area.
ENVIRONMENTAL REVIEW (SEPA)
On March 9, 2015, the City of Yakima issued a Notice of Application, Environmental
Review and Determination of Non -Significance (DNS) for this application.
Following the required 20 -day public comment period which is set to expire on March 30,
2015, the City of Yakima Planning Division is presently inclined to retain its DNS on
these proposed text amendments.
PUBLIC NOTICE Date Accomplished
Notice of Application and Environmental Review March 9, 2015
Legal Ad Publication March 6, 2015
Notice of Public Hearing March 6, 2015
PLANNING COMMISSION PROCESS FOR REVIEW OF PROPOSED AMENDMENTS:
1. The Planning Commission shall consider two separate requests for the
establishment and incorporation of new zoning definitions and uses within the City of
Yakima UAZO: 1) a Mission use as established by the Examiner in 1992 and 1995,
and 2) a Community Resource Service Center as defined by YNHS. The Planning
Commission should consider both Zoning Text Amendment requests as separate
applications requiring individual consideration, discussion, findings of fact, and
recommendation to the Yakima City Council.
2. As these applications include the creation and incorporation of new land use
categories, any discussion related to pending zoning applications, site specific, or
project related topics should be avoided and discouraged.
3. Prior to making a recommendation regarding the Mission use, the Planning
Commission should have reviewed the Examiner's 1992, and 1995 Use
Interpretation Decisions (INT#1-92 & INT#2-95), the UAZO zoning district intent
statements for the CBD, GC, and M-1 zones, Table 4-1 Permitted Land Uses, the
definition of Mission, and the definitions of Class (1), (2), & (3) Review as provided
below, and found in Yakima Municipal Code (YMC) §§ 15.02, 15.03, and 15.04.
4. Prior to making a recommendation regarding the Community Resource Service
Center Use, the Planning Commission should have reviewed the applicant's
proposed definition of a "Community Resource Service Center". The proposed
services provided by the definition; locational specific standards proposed by the
applicant; the zoning district intent statements for the CBD, GC, M-1, SCC, and LCC
zones; Table 4-1 Permitted Land Uses; definition of Class (1-3) Review; and other
supporting documentation submitted.
5. For each of the two proposed new land uses the Planning Commission should
review the appropriate zoning district intent statement and provided findings that the
proposed use either meets or does not meet the zoning district intent statements,
and underlying development standards provided in YMC Title 15 UAZO.
6. Only uses that are consistent with the zoning district intent statements and
underlying development standards without any mitigation or requirement for public
process, should follow the Class (1) Review process.
7. New uses that generally meet the zoning district intent statements and underlying
development standards, but may require site plan review to mitigate for undesirable
impacts to ensure compatibility with the intent and character of the district and
objectives of the Comprehensive Plan should follow the Class (2) Review process.
8. New uses that are generally incompatible with adjacent and abutting property
because of their size, emissions, traffic generation, neighborhood character; or for
uses that require increased public process through a public hearing to appropriately
mitigate for the use's impacts in terms of development standard compliance,
neighborhood compatibility, public services, and comprehensive plan compliance
should follow the Class (3) Review process.
9. In reviewing both applications the Planning Commission should take careful
consideration to not permit any use in any zoning district unless evidence is
presented which demonstrates that it will comply with the district intent statement
and that evidence is presented which demonstrates that it will comply with the
development standards established for the particular district.
DEFINITIONS AND ZONING DISTRICT INTENT STATEMENTS
For the Planning Commission's convenience the City Planning Division has provided the
below zoning district intent statements and related definitions for ease of use during their
deliberations.
1. Zoning District Intent Statements:
Small Convenience Center District (SCC). The purpose and intent of the small
convenience center district is to:
Provide areas for commercial activities outside the downtown commercial district
that meet community retail shopping and service needs; and
2. Accommodate small commercial centers, generally two to five acres in size, where
most of the commercial uses have located in a coordinated manner around a common
parking lot and one major commercial approach driveway.
Small convenience centers serve the day-to-day convenience shopping and service
needs of the surrounding neighborhood and should be designed to minimize undesirable
impacts of the center on the neighborhood it serves. Uses in this district should be retail
or personal service establishments dealing directly with the consumer, the primary
occupants usually being such uses as a supermarket, fast food restaurants and drug
store.
M
Large Convenience Center (LCC). The purpose and intent of the large convenience
center district is to:
1. Provide areas for commercial activities outside the downtown commercial district
that meet the retail shopping and service needs of the community; and
2. Accommodate commercial centers, generally five to ten acres in size, where most of
the commercial uses are coordinated in a manner around a common parking lot and
usually with two major commercial approach driveways.
Large convenience centers serve the shopping and service needs of multiple
surrounding neighborhoods and should be designed to minimize the impacts. Uses in
this district should be larger retail or personal services, the primary occupants usually
being such uses as multiple -tenant shopping, restaurants, office complexes, and multi
mixed -uses.
General Commercial District (GC). The purpose of the general commercial district is to
accommodate wholesale and retail activities with some high-density residential
development. This district is primarily located near and along the major arterials as
designated in the Yakima urban area comprehensive plan. Like the CBD district, a
variety of land uses are permitted. However, the intensity of development is intended to
be less than in the CBD district.
Central Business District (CBD). The purpose of the central business district is to
preserve the business district of the city of Yakima as the region's center of commerce,
finance, government, industry, recreation, and culture. This district is characterized by
very intensive development and a variety of land uses including retail sales and service
establishments, high-density residential development, financial institutions, professional
buildings, and government offices.
Light Industrial District (M-1). The intent of the light industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and the
railroad for light industrial uses;
2. Direct truck traffic onto designated truck routes and away from residential streets;
and
3. Minimize conflicts between uses in the light industrial district and surrounding land
uses.
The light industrial district provides areas for light manufacturing, processing, research,
wholesale trade, storage, and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor, or fumes that
would constitute a nuisance or hazard.
2. Definition of Levels of Review:
"Class (1) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 1..5,04 and are considered compatible and are permitted on any site in the
district. The administrative official shall review Class (1) uses for compliance with the
provisions and standards of this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 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.
"Class (3) uses" are those uses set forth and defined in the text and tables of YMC
Chapter 15.04 and are generally incompatible with adjacent and abutting property
because of their size, emissions, traffic generation, 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.
0
3. Existing UAZO Definitions for Consideration:
"Clinic" means a structure for the medical examination and treatment of human
patients, but without provision for keeping such patients overnight on the premises.
"Community center" means a facility owned and operated by a public agency or
nonprofit corporation, provided the principal use of the facility is for public assistance,
community improvement, or public assembly.
"Compatibility" means the characteristics of different uses or developments that
permit them to be located near each other in harmony with or without special
mitigation measures.
"Dwelling" means a structure or portion thereof designed exclusively for residential
purposes.
"Dwelling, multiple -family" means a structure or structures, or portion thereof,
designed for occupancy by three or more families living independently of each other
and containing three or more attached dwelling units on a lot.
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one
family and providing complete and independent living facilities, including permanent
provisions for living, sleeping, cooking, eating and sanitation. "Dwelling unit" does not
include recreational vehicles or mobile homes.
"Group home" means a place for handicapped, physically or developmentally
disabled adults, or dependent or predelinquent children, providing special care in a
homelike environment. This definition includes homes of this nature for six or fewer
persons, excluding house parents, which are protected by state or federal law as
residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that
provide:
1. State -licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional
institutionalization; or
4. Detoxification centers licensed by the state where alcohol and drug abusers can
be placed in lieu of incarceration for detoxification and treatment from effects of
alcohol and drugs. (See "Clean and sober facility.")
"Hospital" means an institution providing clinical, temporary, and emergency services
of a medical or surgical nature to human patients which is licensed by state law to
provide facilities and services for surgery, obstetrics, and general medical practice as
distinguished from clinical treatment of mental and nervous disorders.
"Mixed-use building" means a building in a commercial district or planned
development used partly for residential use and partly for a community facility or
commercial use.
7
"Mixed-use development" means use of the land or structure for two or more different
uses.
"Multiple -occupancy building" means a single structure housing more than one retail
business, office, or commercial venture.
"Personal service" means a business providing specialized services such as interior
home or business design and shopping services, except as otherwise regulated."
"Public facility" means a facility owned and operated by a governmental agency or
owned and operated by a private entity for the purpose of providing essential public
services to the public including, but not limited to: water, irrigation, wastewater,
garbage, sanitary, transit, police, fire, ambulance, parks and recreation facilities, and
street maintenance. The facility should be located to efficiently serve the people
benefiting from the service.
"Retail services" means uses providing services, as opposed to products, to the
general public. Examples are eating and drinking establishments, motels, real estate
and financial offices, and uses providing health education and social services.
"Use" means the activity or purpose for which land or structures or a combination of
land and structures is designed, arranged, occupied, or maintained together with any
associated site improvements. This definition includes the construction, erection,
placement, movement or demolition of any structure or site improvement and any
physical alteration to land itself, including any grading, leveling, paving or excavation.
"Use" also means any existing or proposed configuration of land, structures, and site
improvements, and the use thereof.
"Use, principal" means the primary or predominant use to which a structure, part of a
structure, or lot is or may be devoted."
CONCLUSIONS
1. The text amendments impact the entire extent of the City.
2. No significant adverse environmental impacts have been identified by the approval of
the amendment request.
3. The requested text amendments to the City of Yakima's Urban Area Zoning
Ordinance are supported by the City of Yakima's Urban Area Comprehensive Plan
2025.
4. The amendments to the Yakima Municipal Code, Title 15 Urban Area Zoning
Ordinance, includes, but is not limited to, two new definitions in YMC § 15.02, and
amendments to YMC § 15.04 Table 4-1 Permitted Uses.
RECOMMENDATION
The Department of Community Development recommends approval of the incorporation
of the Mission use definition, permitted zoning district, and levels of review as specified
by the Examiner in his 1992 and 1995 Use Interpretation decisions.
In regard to the incorporation of the use of a Community Resource Service Center as
defined by YNHS, staff recommends that the Planning Commission carefully study the
issue and provide the Yakima City Council a recommendation after the matter has been
sufficiently considered.
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