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HomeMy WebLinkAbout06-10-15 YPC PacketCOMMUNITY DEVELOPMENT DEPARTMENT loan Dav Port, .A.10". Director Planning m 1�1:�: n (505:0 ,5 M 618 '1"� ) -'m ,, 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 fl1C:: inl iii:) / F1 LI," 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 yakftn 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 PLEASE WRITE LEGIBLY W� r� �?, miff"" �, P w��� ����.�°w ���. �...r _................. ....- P L.... ' .. .................... o- _......... �� a���, , �� . 00 _........ ...._._.__..__n __... .......... ............................ Page 1 06/10/2015 YPC Meeting TO: FROM: , RTAIENT : (509)575-6 �� Floor, Yakima, m l�'�aMinM��lon 50�"�������� / Photie 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. �t )p Vr 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; �rruu�bu•��v '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 n r 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 � 6 1 t�nflxom ,S -11-1L11 Lioq_--- 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 SERNKA-,", cj"�- "Ill., - N�Cll text anmidrjiL�,nos ro dw 7,onkig, Orf: ia c _N'TEIV, US "'s 'd T)<" T'411('X) I - i 5iind ]X17002 d 1 5 r '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