HomeMy WebLinkAbout06-10-15 YPC PacketCOMMUNITY DEVELOPMENT DEPARTMENT
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City of Yakima Planning Commission
STUDY SESSION
City Hall Council Chambers
Wednesday June 10, 2015
3:30 p.m. - 5:00 p.m.
YPC Members:
Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose,
Bill Cook, Patricia Byers, Ron Anderson, Carmen Mendez
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Ci Planning Staff:
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. STUDY SESSION: City Council's Remand of Mission Uses & Definition (TXT#001-15)
o Development Standards for Missions
VI. STUDY SESSION: 2015 COMPREHENSIVE PLAN AMENDMENTS
+s CPA#004-15 - WHAT THE HAY, LLC - 8603 WIDE HOLLOW RD
o CPA#007-15 - COTTONWOOD PARTNERS, LLC - 2309 S 64TH AVE
• CPA#008-15 - CHELMINAR ASSOCIATION INC - 204 S 46TH AVE
VII. Other Business
VIII. Adjourn
Next Meeting: June 24, 2015
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SIGN -IN EEE
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday June 10, 2015
Beginning at 3:30 p.m.
Study Session/Meeting
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Page 1 06/10/2015 YPC Meeting
TO:
FROM:
, RTAIENT
: (509)575-6
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Floor, Yakima, m l�'�aMinM��lon 50�"�������� /
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City of Yakima Planning Commission
Jeff Peters, Supervising Planner
SUBJECT: Update Regarding Staff Recommendation for "Mission" Use
FOR MEETING OF: June 10, 2015 r
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.
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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 Type (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;
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'ode Ianr;strafion ("50d') 3,w 7,5-tla1 26 Planning (5 09) 575®6183 (0)"hail, l'Alatiohedrhoodd & Serrieev (309,k 575-6 10 1 � �
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 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."
b. A Class (3) Use is defined as: "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, 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.
COMMUNITY DEVELOP EN7' DEI'Al Tl 1,11',"N7'
129 NorthSecond ,Street, 2nd Floor, Yakima, Washington 98901
Phone (509) 575-6113 * Fax (509) 576-6576
www.yakimawa.gov
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
secessions 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 Type (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;
Yakima
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Cade Administration (509) 575-6126 Planning (509) 575-6183 Office of Neighbor{ ood &Development Services (509) 575-6101
3. The definition and process should also be revised to indicated 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 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."
b. A Class (3) Use is defined as: "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, 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.
REA ED C. PELL LAW OFFICES
7 SOUTH THIRD AVENUE
YAKIMA, WA 98902
1-509-952-3669
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June 10, 2015
To: City of Yakima Planning Commission
From: Reed C. Pell
Re: (.ATY I'LA NNIN (li LAV500N / YINFIS - -Kfiss[ON - 4%, RL"SoURCE
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'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 purposeof this letter is to urge you to adopt a Class 3
review on Mission and Resource Service Center Uses.,
The Vakima Urban Area Zoning Ordinance includes several uses that are permitted
2alLwith a Class 3 review, to -wit:
Social Card Rooms (See YMC 1 5.09.090
Horse Racing Tracks, Speedways
Cemetery/Crematorium with Funeral Home
Hospital (*) Outside Institutional Overlay
Correctional Facilities
Senior High School
Wastewater Sprayfield
Zoo (*)
Treatment Centers For Drug and Alcohol Rehabilitation
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 anon orth First Street disaster in some other area of the City?
Reed C. Pell