HomeMy WebLinkAbout04-27-16 YPC PacketFOR " 11F
DEPARTMENT OF COMMUNITY DEVELOPMENT RE :0��i4::: / FUuLE
Joan Davenport, AICP, Director
" H Y 4 F MOP 129 North Second Street, 2nd Floor, Yakima, WA 98901
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ask.planning@yakimawa.gov - www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday April 27, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe
Council Liaison: Mayor Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner);
Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant)
REVISED A enda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes
• January 27, 2016, February 10, 2016, March 9, 2016, and April 13, 2016
VI. Long Range Planning
0 Request for Consideration Form Deadline Extension
VII. Review of Yakima Planning Commission Bylaws
VIII. Continued Discussion on Changes to Title 15 & Title 16 of the Yakima Municipal Code
IX. Continued Discussion on Land Use Sign Removal Amendments
X. Introduction of Sign Code Amendments (YMC 15.08)
XI. Other Business
XII. Adjourn
Next Meeting: May 11, 2016
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City of Yakima Planning Commission
City Hall Council Chambers
Wednesday April 27, 2016
Beginning at 3:00 p.m.
Public Meeting
*PLEASE WRITE LEGIBLY'
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Page 1 04/27/2016 YPC Meeting
Department of Commerce ON L O C A IIIP 1- A N N I G
A Short Course on Local Planning
Hosted by the Kittitas County
Wednesday, June 15, 2016 1:00 p.m. — 4:15 p.m.
Kittitas County Armory, 901 East 7th Avenue, Ellensburg WA 98926
Agenda:
1:00-1:15 WELCOME AND INTRODUCTIONS ........................., ......... ........ ,,,.,, ..............Commerce
1:15-2:00 THE LEGAL BASIS OF PLANNING IN WASHINGTON.................Ken Harper, Attorney at Law
The constitutional basis for zoning, the statutory basis of planning in Washington State,
and early planning statutes. Constitutional issues in land use planning. Washington's
State Environmental Policy Act basics.
2:00 — 2:30 THE GMA AND COMPREHENSIVE PLANNING BASICS ......................................... Scott Kuhta
Overview of the Growth Management Act requirements for local planning. Development
regulations, capital facility spending, and other tools for implementing the
comprehensive plan. Updating your plan; requirements and schedule.
2:30 — 2:40 BREAK
2:40 — 3:10 ROLES AND RESPONSIBILITIES.............................................................................Ardele Steele
Roles and responsibilities in the planning process. Legislative vs quasi-judicial decisions,
tips for encouraging public involvement, best practices for effective meetings.
3:10 — 3:50 OPEN GOVERNMENT LAWS ................................................... Ken Harper, Attorney at Law
Appearance of Fairness Doctrine, Open Public Meetings Act and Introduction to the
Public Records Act.*
3:50 — 4:15 QUESTIONS AND ANSWERS................................................................................All
* This training meets the requirements of RCW 43.30.205 requiring every member of a governing body to take Open Public
Meetings Act training within 90 days of taking an official role, and every four years thereafter, as long as they remain in that
role. Attendees will receive a certificate of training.
REGISTRATION: Please register by June 8, 2016 by sending an email with your name, organization and title (if
-applicable) and the location of the short course you wish to attend to shortcourse@commerce.wa.gov or by
javing the same information at 360 725-3064. Registration is not required, but helps for planning purposes;
all will be welcome at the event.
LOCATION:
Kittitas County Fairgrounds Event Center
901 E. 7th Avenue, Ellensburg WA 98926
From 1-90:
Take the University Way exit approximately
3 miles to Chestnut Street. Turn right one
block to 7th Avenue and turn left one block
to the Armory, the first Fairgrounds building
on the left. Parking is available and signs
will be posted directing everyone to the
classroom.
City elected officials will earn 3 CML credits in Community Planning and Development
County elected officials will receive 2 core credits towards Certified Public Official Training
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City elected officials will earn 3 CML credits in Community Planning and Development
County elected officials will receive 2 core credits towards Certified Public Official Training
LOCAL HOST: Robert "Doc" Hansen, Director, Kittitas County Community Development Services
doc.hansen c co.kittitas.wa.us (509) 962-7046
MODERATOR: Scott Kuhta, Senior Planner, Growth Management Services
Washington State Department of Commerce
scott.kuhta@comi,nerce.wa.gov (509) 795-6884
PRESENTERS: Kenneth W. Harper, Attorney at Law
Menke Jackson Beyer, kharper c?!Jmibe.corn (509)575-0313
Ardele Steele, AICP, CFM
Planning and Community Development Director, City of Zillah
ASteele@citvofzillah.us (509) 829-5151
THIS AGENDA WILL BE ON THE SHORT COURSE WEB PAGE FOR 6 MONTHS at httpbit.ly LSCLocaIPlanning (on the
right under "Past Short Courses") and WILL INCLUDE LINKS TO THE PRESENTATIONS.
ADDITIONAL TRAINING AND EDUCATIONAL OPPORTUNITIES IN WASHINGTON
Department of Commerce, Growth Management Services www.commerce.wo.gov rowth. See the short Course
Manual and Videos under the "Short Course on Local Planning" tab.
`,unicipal Research and Services Center of Washington at www.mrsc.org: See,A Planner's Pocket ire erence at.
vvww,mrsc,orqlsubjectslt)lanningIPocketReLgspx which includes glossaries, web links for land use, environment,
housing, census, economics, transportation, technical tools, model codes, and land use law.
Washington State Office of the Attorney General Trainings on Open Government, Open Public Meetings Act and Public
Records Act training at www.at .wa. ovO enCavernrnentTrairin .as ar,
OUR SHORT COURSE PARTNERS
Planning Association of Washington (PAW) is a statewide, grass-roots, non-profit incorporated in 1963, with the mission to
"provide unbiased practical planning education to the citizens of Washington State". PAW created the Short Course on Local
Planning and is a Founding Partner. www.ianninaw.arg Partner since 1980.
The Washington Cities Insurance Authority (WCIA) is a liability insurance risk pool which supports member risk
management through education. WCIA encourages their members to attend the Short Course on Local Planning because it is
recognized as a tool for reducing land -use liability. www, wcia ool.orgZ Partner since 2009.
Washington Chapter of the American Planning Association (WA -APA) www.washin ton -a a.or Partner since 2014.
Association of Washington Cities (AWC) and the Risk Management Services Agency (RMSA) www.awcnet.org and
,,ww. awcnetorqZPropertyLiability.asx .See GMA Comp Plan Conversation Starter videos .
Partner since 2015.
CITY OF YAKIMA
PLANNING COMMISSION
BYLAWS
(Adopted by the City of Yakima Planning Commission on March 9, 2011;
Amended by City Council, February 19, 2013)
SECTION 1: GENERAL RULES AND PROCEDURES
These Bylaws establish the rules and procedures under which the City of
Yakima Planning Commission (YPC or Commission) executes those duties and
functions set forth in Chapter 1.42 of the Yakima Municipal Code.
COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF
A. The City of Yakima Planning Commission shall consist of seven members
appointed by the Mayor and confirmed by the City Council. The term of
office for the initial members appointed to the Commission shall be
designated from one to six years in such a manner as to provide that the
fewest possible terms will expire in any one year. Thereafter the term of
office for each appointive member shall be six years.
B. The members of the Commission shall be selected without respect to
political affiliation.
C. No person shall serve more than two consecutive six-year terms, provided
that a person who is appointed to fill an unexpired term of less than two
years is eligible to serve two successive six-year terms; and provided
further, a person who is ineligible to serve for having served two
consecutive terms may again serve after two years have elapsed from the
end of the second such term.
D. The Commission will, by majority vote, elect a Chair and Vice Chair at the
first meeting of each year who will serve throughout that year. The Chair:
1, Decides all points of order and procedural matters subject to rules and
bylaws.
2. May appoint committees as necessary to investigate and report on
matters before the Commission.
In cases where the Chair is absent the Vice Chair will serve in their place
and will have the same powers and duties.
E. Commission Staff assistance shall be provided by the Department of
Community and Economic Development with additional assistance and
information to be provided by other City departments and consultants as
may be necessary to aid the Commission in carrying out its duties and
responsibilities under this chapter.
F. The Commission members shall not receive any salary or other
compensation for services rendered on the Commission, but necessary
expenses actually incurred and within the budget as set by the annual
budget ordinance shall be paid.
G. Vacancies occurring, other than through the expiration of terms, shall be
filled for the unexpired terms. Members may be removed by the Mayor with
the approval of the City Council for inefficiency, neglect of duty, or
malfeasance in office. Other reasons for removal may include:
Absence from three consecutive regular meetings or six regular
meetings in a twelve-month period which shall be regarded as
constituting resignation from the Commission. This information will be
forwarded to the Mayor and City Council by Staff. Reinstatement may
be sought through a hearing by the Commission. Excused absences
(sickness, death in the family, business trips or emergencies) will not
affect the member's status, except in cases of an extended illness or
absence the member shall be replaced. When a member is
approaching the maximum number of absences they will be notified
by Staff. Verification of attendance will be based exclusively on the
minutes of each meeting.
2. Participation in a legally demonstrable case involving a conflict of
interest.
H. No member of the Commission shall represent the Commission in its official
actions except as specifically authorized by majority vote.
Commission members shall refrain from discussing or expressing opinions
on matters on the Commission's agenda outside of Commission meetings
except as authorized in (H) above, or on direction from the Chair.
J. To avoid any conflicts of interest, no Commission member shall vote on the
determination of any application or determination in which they maintain an
employer/employee relationship or where they or members of their
immediate family have a financial interest.
K. Commission members shall not vote on any issues before the Commission
unless they have been in attendance at previous deliberations on the
subject or shall have the approval of the Chair contingent on the Chair's
determination that the member has familiarized themselves with the subject
and the minutes of any meetings where the subject was discussed.
2
PROCEDURES FOR CONDUCTING REGULAR MEETINGS
A. Pre -meeting
If there are agenda items, regular meetings will be held at 3:30 p.m.
on the second and fourth Wednesdays of every month in the City
Council chambers. In case of scheduling conflicts the meeting
place may be changed at the discretion of the Chair with ten days
advance notice given to Commission members and the public. If
the designated meeting date falls on a weekend or an official
holiday the meeting may be changed to a time and place as
determined by the Commission at the preceding month's meeting. If
such a change occurs, the regular meeting place will be posted as
to the new time and place.
2. If there are no agenda items, the Chair may cancel the regular
meeting after giving all Commission members and the public 24
hours advance notice. However, if a majority of Commission
members express the desire to hold the meeting, it shall convene as
scheduled. If the meeting is canceled, a notice to that effect will be
posted at the regular meeting place at the regular time.
3. Special meetings may be called by the Chair or by a majority of
Commission members. Commission members will be given at least
48 hours advance notice of the time and place of such meetings.
4. All regular and special meetings will be open to the public and the
date, place and agenda will be publicized in accordance with the
Open Public Meetings Act (Chapter 42.30 RCW). The agenda for
regularly scheduled meetings shall be posted and advertised 48
hours prior to the regularly scheduled meetings.
5. The order of agenda items will be determined by their order of
receipt or as Commission Staff deems appropriate.
6. Staff shall be responsible for notifying principles in each matter as
specified under the rules for review procedures.
B. Regular Order of Business for Meetings
Business will be conducted under Robert's Rules of Order except
where this contradicts with the Bylaws or other special rules
adopted by the Commission, which then take precedence. All
issues will be decided by simple majority vote except amendments
to the Bylaws, which require a vote of two-thirds of the membership.
2. Four members or 51 percent of the non -vacant membership of the
Commission constitutes a quorum. Meetings without a quorum will
be recessed to the earliest possible date.
& Minutes will be taken during all Commission proceedings.
Additionally, the meetings may be videotaped to further clarify the
minutes.
4. The regular order of business shall be as follows:
a. Call to order
b. Adoption of minutes
C. Report of committees (if any)
d. New business
e. Old business
f. Adjournment
5. The regular order of business for consideration of preliminary
subdivisions, comprehensive plan amendments and rezones shall
be as follows:
a. The Commission Staff person shall offer a preliminary
statement or Staff Report concerning the application.
b. The applicant or the designated agent of the applicant
presents statements in favor of the application including any
relevant exhibits.
C. Public comments.
d. Rebuttal by all concerned parties.
e. Deliberation by Commission.
f. Motion for action.
g. Vote.
During the course of the meeting, the above procedure may be
temporarily modified by the concurrence of all parties and the
Commission.
6. The Commission shall act on each application at the meeting unless
the Chair or a majority of the Commission decides to defer
consideration to a later date. Requests for continuance may be
granted if all parties agree. The continuance will be publicly
announced by the Chair, and the matter is automatically set on the
agenda for the next regularly scheduled meeting. In such a case,
no further notice is required for the principles in the case.
4
C. Post -meeting
Staff will be responsible for notifying participants as called for under
rules for specific review procedures.
Z Staff will be responsible for forwarding materials to participants as
called for under rules for specific review procedures.
3. Staff will be responsible for distributing the minutes of the meeting.
Yakima Municipal Code
Chapter 15 11 GENERAL APPLICATION
REQUIREMENTS
Chapter 15.11
GENERAL APPLICATION REQUIREMENTS
Sections:
15,11.010
Purpose,
15.11 020
Application requirements,
45� 11 VM)
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15 11040
0 i0 General site plan form and contents.
15 1 1.8154)
-040 Detailed site plan form and contents.
15 It OiuGl
,5i1 f'reapplication conference.
1511s4 0
oi^0 Filing an application.
...._.....
15I1d00.
0 10 Processing applications,
151 Lia(*
080 Notice requirements,
15.11. HM
PY ,r') ,Fee schedule and administrations
15 11 1 8(')-
B � 0� Master applications.
Page 124/286
15.11.010 Purpose.
The purpose of this chapter is to specify the general procedures to be followed when processing applications..
Additional procedures for particular types of development review are contained in specific sections of this title,
(Ord. 2008-46 § 1 (part), 2008: Ord, 2947 § 1 (part), 1986)
15.11.020 Application requirements.
All applications shall comply with the following requirements:
A. Applications shall be in writing on forms provided by the department, aaa;-1wou-1 .lda� l d-)-fr,iwLn ; blr 1h9
ulnv 5isitin v e-0 rk)kd;
B, by l��al)W I -i, 4.� `Aq II tl a a�tia rw 11r:)i)airnn� alp K�%p�(9
ilh aati. $ as uu :_011pl �ttSHkV_. Etilull tai.slaull a�l.aLp.Bl.alwri.)41 �y 1GB4k aorulaiu)u;k4�.a�.al1,t ,uu. ,. 9llrol�gcpw ,alb;a6w7.1r1119a. �'-ti,.
011 p&,ryn Mawgnnll}a,a,9.KnS@1&Bg1,w,�.aah4, Vpuaat pppm.IN&° ,w1u� Ipu.ilfriaky)ta .., For Type(]),or(2)saaa-(:1).
reviews for developed sites for which there is limited proposed change, the application shall include a general site
plan ywro,t^y,(Im8 iay tgrfaprll l.gm in conformance with YMC_15.11.01t9a0); provided, the administrative official at their
discretion may require additional information to clarify the application or determine compliance with the provisions
of this title. For Type (3) review, the application shall include a detailed site plan in conformance with YMC
15,11.050040;
C, All applications, including a Type (1) review, shall be signed by the property owner or his agent authorized in
writing to do so;
D Applications shall be accompanied by the appropriate fee as established by ordinance;
E, An application is not complete unless it includes all required information, attachments and fees. No
application shall be considered officially filed until accepted as complete by the department; and
F. Applications for Type (2) and (3) reviews shall include a minimum eleven -inch by seventeen -inch
reproducible copy of the site planoo4ji6 . a.N.l,0 a il,agtul,.lt)rurry ff die oig inaal,s4e gatlutiw as-kt)rt er 4lIrwat oln en.uauYlkerwlT-
uewuaolaaanno�a¢ra nus, aata�arinan�aroom rah4°4+.r1 2agw lwaanaxl ainugaa conal aarnel%wefi-iWm,pv�.se aaastaun-rotouh-engv �+d vlwt:.wata I)Qatst
shall be ueq used In the event ofexpanded review, additional copies may be required at the applicant's expense, Site
plans shall be developed in accordance with YMC 15,11,040-030 for 15, l 1.0 00110, as applicable. (Ord, 2008-46 § 1
(part), 2008: Ord, 93-81 § 45, 1993: Ord. 3245 § 2, 1990: Ord. 2947 § 1 (part), 1986)
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The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015,
Yakima Municipal Code
Page 125/286
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15.11.040930 General site plan Form and contents.
A. General Site Plan Form. All general site plans shall be drawn to scale and be legibly drawn, oii prepared, Rkir
gnroao wal a,"l-rla g1ot injl, „praroahMr°tibl l,vin-cd+)-I dig,4�u(_!m rrn Unless otherwise requested or authorized by the
administrative official, the paper size for Type (1) review shall be eight and one-half inches by eleven inches and,
for Type (2) review, eleven inches by seventeen inches, The scale of the drawing shall be a standard engineering
scale and shall reasonably utilize the paapwr lli fl,',a'lis size.
B, General Site Plan Contents. The general site plan shall include the legal description ofthe land; north arrow
and scale of drawing; name of applicant and project name; actual dimensions and shape ofthe lot to be built upon;
the sizes and location of existing structures on the lot to the nearest foot; the location and dimensions of proposed
structures and uses; the size and location of utilities, parking circulation plan, proposed landscaping and
sitescreening; and the location of ingress and egress. The site plan shall also include any other information required
by the department or administrative official to clarify the proposal, assess its impacts, or determine compliance with
this title. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § i (part), 1986)
15.11.t'l'5001!40 Detailed site plan form and contents.
nk
A. Detailed Site Plan Form. All detailed site plans shall be dlawn W scalle uu O file legibly drawn Lo scflc, und the
parch lrcd m aL ak;t.fakudt�tw sirYr° pnapppual p a8u }pglie iwLgpkaL afl>rwmLxl ryr pak OagLe�1 aawr p ulnri Unless otherwise requested or
authorized by the department, the paper size shall be eleven inches by seventeen inches or larger. The scale ofthe
drawing shall be a standard engineering scale and shall reasonably utilize the Ilw+ypnk ',-innn dl a size, Where necessary,
the plan may be on several sheets accompanied by an index sheet showing the entire site.
B, Detailed Site Plan Contents, The detailed site plan shall show the following where applicable:
The Yakima Municipal Code is current through Ordinance 2015-031, passed November 3, 2015.
To: City of Yakima Planning Commission & Council Liaison
From: Joan Davenport, Planning Manager & Jeff Peters, Supervising Planner
Date: 4/22/2016
Re: Land Use Action Sign Removal Report
During this past year's annual Comprehensive Map Amendment land use process,
the City of Yakima Planning Commission received complaints from the public that
appropriate public notice of land use applications was not provided by the city. The
City's Municipal Code provides that timely Installation of Land Use signs and a
posting affidavit are the responsibility of the proponent prior to a public hearing. The
same concerned public later clarified their complaint to the Planning Commission
stating that there were too many land use action signs posted throughout the city
making it difficult to know which properties had a current land use application under
review. As a result, the City of Yakima Planning Commission held a discussion on
the topic on February 10, 2016, and requested that staff incorporate a deadline for
removal of land use action signs into its update of the city's public notice
procedures.
On March 9, 2016, the Planning Commission reviewed an ordinance draft with
further discussion over how and who should be responsible for removal of land use
April 22, 2016
anyways, and additional cost and time incurred, and lean process may not
recoup costs.
3. Leave the property owner responsible for removing the sign, but charge
the cost of the production of the sign and removal upfront, with the
removal charge refundable upon return of the sign or proof that it was
removed from the property.
Initial cost incurred by applicant/property owner: $113.61 (sign production +
removal costs) — $76.11 (refund of removal costs) = Total $37.50. Cost
incurred by the City: None.
Pros: Gives property owner the choice to remove sign or let the city remove,
city recoups sign production costs, city cost to remove sign is covered, no code
enforcement process necessary to remove sign. Cons: City Planning will have
to verify if sign is still up prior to code enforcement removal, refund process may
be limited to twice a month and needs additional analysis.
4. Have the City be responsible for removal of all land use action signs with
no charge to the applicant/property owner.
City incurred costs $113.61. Applicant/Property Owner: None.
Pros: Sign comes down immediately upon direction from Planning Division,
Cons: City incurs all costs associated.
5. Have the City be responsible for removal of the sign with the cost of the
production and removal added to the application fee.
Initial cost incurred by applicant/property owner: $113.61 (sign production +
removal costs). Cost incurred by the City: None.
Pros: City recoups sign production costs, city cost to remove sign is covered,
no code enforcement process necessary to remove sign, sign removal is not
dependent upon property to remove the sign, no refund process necessary, and
no sign verification will be required prior to removal. Cons: Additional staff time
will be required for removal, and applicant and property owners will not be
provide any refund.
Staff Recommendation: The City Planning Division recommends option 5.
Have the City be responsible for removal of the sign with the costs of the
production and removal added to the application fee.
3
AWN 9 %L% MINIMUM REQUIREMENTS FOR
POSTING OF PRIVATE PROPERTY FOR LAND USE ACTION
CITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION
Planning 129 NORTH 2ND STREET, YAKIMA, WA 98901
Main Phone: (509) 575-6183 — Call for assistance or more information.
Late of costing:
Location of Installation (Check One):
Land Use Action Sign is installed per standards
Land Use Action Sign is installed in an a
Note: This alternate location (if not pre -appy
Planning Division and is subject to relocation (.
The alternative location is:
The required notice of application will be t to'th
after the Planning Division has received thi `t,4fid U
Use Action sign and et i i :signed in tirnu(
I hereby testify that tle itl,led stgn u�,ly complte
pg. 2), that the sign will l)e to', in acne 000,a decisir
I give 111yIti"di
above stttl'd'property
Action stain.,.
I the undersign'+
agents and ednpi
subject property
were attached.
Applicant's Signature
§ 15.11.080(C).
location on the ft
the Planning Manager')'
ner's expense) to a more
not be acceptable by the
1p site on the property.
icant aril property owners within a 300 -foot radius
n lnstalla(t ,p,Certification. Failure to post a Land
*r i,ll cau, delay in the application review,.
the Land Use Action sign installation standards (see
been rendered
'of Yaki,ttt nd any ,f its employees, agents or assigns, to enter upon the
Vcal pet iod rr* land use application to remove any posted Land Use
entnt fy :nd hold Armless the City of Yakima, its elected and appointed officials,
any an,all damages caused by or resulting from the sign removal process to the
damtitt any structures on the property on which the Land Use Action sign(s)
Applicant's Name (Please Print)
Date
Applicant's Telephone Number
Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105;
in person or by mail to: City of Yakima, Planning Division, 129 North 2nd Street, Yakima, WA 98901.
Page — 2 Revised 03/16
AWN' M MINIMUM REQUIREMENTS FOR
POSTING OF PRIVATE PROPERTY FOR LAND USE ACTION
tACITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION
' 129 NORTH 2ND STREET, YAKIMA, WA 98901
w Main Phone: (509) 575-6183 — Call for assistance or more information.
GENERAL INFORMATION
The Land Use Action posted signage shall serve as a method of providing notice to the public that a
land use application has been submitted to the City for a proposed change to the property. The Land
Use Action sign shall be known in this section as the "sign" referred to in YMC § 15.11.080(C) as the
official signage for application for the following land use matters:
o Class 3 Public Hearings;
o Preliminary Long Subdivisions;
o Rezones;
o Right -of -Way Vacations;
o Appeals;
o Comprehensive Plan Amendments as indict to YMC Ch l0��
o Environmental Review, except for a catc(ally exempt applmand,
o Annexation of property by the City.
For the above land use matters it is rewired to post one sa n:ih some cases mot' khan one sign on
the site or in a location iiiii-nediately',0i,�ooeiit to the sits t iat provides visibility to motorists using
adjacent streets. The Planning Manager aps"`etab1,gshed standafr for size, color, layout, design, and
wording of the signs which the Planning ttswon`Wall supply to"'t ppliant.
SIGNAGE E INSTALL
f
The applicant shall ins -f t o Land 1,1 Action si in accordancc with these provisions:
o Sign„ sal; be located t tle rt+ttn the stre,e't frontage from which the site is addressed or
as " e t cted b Planniri 4fr-,,
oSt s shall be lai � , ten (1 ),,feet back 66i' 4he property line;
o Signs structurally ' 'Attached �o �p� existing building shall be exempt from the setback
requite�xt nt, provided ihal no sign f located further than ten (10) feet from the property line
without w (lttlen approval &m Planning, staff,
o The top ofth ins shall ,positioned) between five (5) and six (6) feet above grade;
o All signs toget t with t(t tt : upports, braces, and guys shall be maintained in a safe and secure
manner (YMC § l,{);
o Signs must not be plat in the clearview triangle as outlined in YMC § 15.08.070(I) and YMC
§ 15.05.040; and,
o Signs shall be posted on the subject property so as to be clearly seen from each right-of-way
providing primary vehicular access to the subject property as stated in YMC §I5.11.080(C).
Page — 2 Revised 03/16
AWff M ■' %L% MINIMUM REQUIREMENTS FOR
POSTING OF PRIVATE PROPERTY FOR LAND USE ACTION
�TY .t��MA CITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION
Pl" �� 129 NORTH 2ND STREET, YAKIMA, WA 98901
Main Phone: (509) 575-6183 — Call for assistance or more information.
of Posting:
Location of Installation (Check One):
Land Use Action Sign is installed per standards
Land Use Action Sign is installed in an alt{
Note: This alternate location (if not pre-appri;
Planning Division and is subject to relocation (at
The alternative location is:
The required notice of application will b
after the Planning Division has received thi
Use Action sign and return ou,; Orm signed
I hereby testify that the,J
pg. 2), that the sign will''
within 30 days from the a
City of Yakn � tlelnplt
deadline 1'retno the )'
the sget, ,-thderstand ti
paid, a 1164,ttk'tlie amount
fi
the legal rate
I the undersigiled`fot li
agents and employee
subject property and/or
were attached.
Applicant's Signature
§ 15.11.080(C).
ato'location on thestte
by the Planning Manager) 4y not be acceptable by the
ie y ner's expens,a) to a more vistble site on the property.
„ applicant 4'4 property owners within a 300 -foot radius
�eActiotl Certification. Failure to post a Land
ly r *0 r will c;a40,0,,,,a delay in the application review.
go lly cotnpll ryltitJfii Lih Jsp Action sign installation standards (see
tarn l'pntil a deei 1po'fias been rendered, and that the sign will be returned
fnal cisionisisstied. I further affirm and give my written consent for the
4$5ti,11 ter upotl tp above stated property following the 30 day return
ktod iatci" l pt�on tgn, In the event that the City of Yakima removes
be Cpct to a s� th�oval fine of $113.61 per sign, and if that fine is not
I
behtrp against the above -referenced property and may accrue interest at
er indctnnify lyd hold harmless the City of Yakima, its elected and appointed officials,
(ruin any a,41'All damages caused by or resulting from the sign removal process to the
t4 ,r aq.14 io any structures on the property on which the Land Use Action sign(s)
Date
Applicant's Name (Please Print) Applicant's Telephone Number
Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105;
in person or by mail to: City of Yakima, Planning Division, 129 North 2nd Street, Yakima, WA 98901.
Page — 2 Revised 03/16
MINIMUM REQUIREMENTS FOR
POSTING OF PRIVATE PROPERTY FOR LAND USE ACTION CITY YAKIMA OF CITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION
1 ri in g 129 NORTH 2"D STREET, YAKIMA, WA 98901
Main Phone: (509) 575-6183 — Call for assistance or more information.
GENERAL INFORMATION
The Land Use Action posted signage shall serve as a method of providing notice to the public that a
land use application has been submitted to the City for a proposed change to the property. The Land
Use Action sign shall be known in this section as the "sign" referred to in YMC § 15.11.080(C) as the
official signage for application for the following land use matters:
o Class 3 Public Hearings;
o Preliminary Long Subdivisions;
o Rezones;
o Right -of -Way Vacations;
o Appeals;
o Comprehensive Plan Amendments as
o Environmental Review, except for a c
o Annexation of property by the City.
For the above land use matters it is ret
the site or in a location immediately at
adjacent streets. The Planning Manager
wording of the signs wh
The applicant shall
o S
, dot erwlse c
oStgo,s shall be
o Sian 'structu
by
idlcat d in YMC Ch. 16. ;
t g i ally exempt applicatiof; pd
post one i rta11d in some cases mo re'�l�an one sign on
;;ip the site that,;' l'ovidcs visibility to motorists using
tablisbc.0 standad -tor size, color, layout, design, and
ing Division will ppl "to th&''it plicattt.
Action sigO in accordance with these provisions:
frontage from which the site is addressed or
cated t o (10) feet back from the property line;
ly atfhed toh „ eisting building shall be exempt from the setback
requim"thetit, provided th q no sign i `located further than ten (10) feet from the property line
without written approval fttn Planning staff;
o The top of the Ons shall b %p«sitioncd between five (5) and six (6) feet above grade;
o All signs togethc"� .Wlith, heii` supports, braces, and guys shall be maintained in a safe and secure
manner (YMC § 15.'68± .670 (F));
o Signs must not be placed in the clearview triangle as outlined in YMC § 15.08.070(I) and YMC
§ 15.05.040; and,
o Signs shall be posted on the subject property so as to be clearly seen from each right-of-way
providing primary vehicular access to the subject property as stated in YMC §I5.11.080(C).
Page — 2 Revised 03/16
W-11
200 South Third Street Yakima, Washington 98901 (509W5.&M Fac (509)575-6160
April 22, 2016
TO: City of Yakima Planning Commission
FROM: Sara Watkins
SUBJECT: Status of the Yakima Sign Ordinances
In July of 2015, the U.S. Supreme Court decided Reed v. Gilbert, a case that
addressed the Town of Gilbert, Arizona's sign code. The Town regulated temporary
signs based on content—specifically stating that directional signs for community
organizational meetings were regulated differently than signs for other purposes. To
determine how the sign was to be regulated, for enforcement purposes, the
enforcement officer was required to read the sign, determine its contents, then enforce
the proper code provisions. The Court stated that any content -based regulations for
such signs failed to meet the strict scrutiny requirements for restricting speech. The
court found there was no compelling governmental interest in regulating the directional
signs differently than other like sized and located signs with different content. The
Court struck down the regulations. The Court stated that the Town still had the ability to
place restrictions on signs as valid time, place and manner conditions, but those
restrictions could not be based on the content of the sign and must be narrowly tailored
to the circumstances.
Many cases have been decided since Reed which address the Reed decision and other
types of signs. Significantly, a number of courts have pointed out that Reed did not
evaluate commercial signs, and did not specifically overrule prior cases which held that
commercial speech, and thus commercial signs, may be regulated with less scrutiny
than non-commercial signs.
In all events, sign codes across the state are being reviewed and revised in light of the
landmark ruling from the Court in Reed. Nearly every sign code has provisions that are
content -based, mostly to aid non -profits or other community organizations, to exempt
signs that are difficult to regulate or that aid businesses, or to allow signs in different
locations based on content. All of these types of restrictions and regulations must now
be evaluated, and likely amended, to ensure compliance with Reed.
Status of Yakima Sign Ordinances
April 22, 2016
Page 2
Yakima's code is no different. There are a number of provisions in the Yakima code
that address signs, specifically YMC 15.08: Signs; YMC 8.30: Street and Building
Decorations; and YMC 13.16: Parks and Playgrounds (which has regulations regarding
posting of signs in city parks). These provisions need to be evaluated and, if
necessary, amended to reflect the Supreme Court's decision on content -based sign
regulations. There are content -based regulations in the Yakima sign code sections that
will need to be reviewed and possibly changed.
Many municipalities are struggling to revise their sign codes in light of the Reed holding.
There are not many post -Reed example code provisions to review for ideas on
changing code language and ensuring compliance with the Reed decision. There are a
number of approaches that the Council may consider in moving forward. First, the
Council could work towards making some needed immediate changes to the sign codes
and wait to see how other municipalities change their codes. It is recommended that
changes be made to YMC 8.30 and some sections of YMC 15.08 immediately. Another
option is to do a thorough review of the sign code provisions and a comprehensive re-
write in light of the Reed decision. This could include review of the code with regards
not only to the Reed decision, but with regards to other sign issues that may need to be
addressed. In both events, the Planning Commission reviews, researches and
recommends language changes. This is part of the procedure with regards to the sign
code provisions found in YMC 15.08 because the Planning Commission is the body that
is tasked with studying and reporting on all possible text changes to land use
ordinances. However, the Council can take action if it wishes, without Planning
Commission insight or recommendations, on YMC 8.30 as the ordinance is not a land
use regulation. The Council has the discretion to refer YMC 8.30 to the Planning
Commission if it chooses to do so for a comprehensive or limited review as well.
It is staff's recommendation that the first step in this process would be to assign the
sign code review to a Council committee, such as the Economic Development
Committee. The Economic Development Committee could review the current code and
determine a course of action for its review—either a limited or comprehensive review
and rewrite of the sign code sections. Once that course of action is determined, the
matter can be forwarded to the Planning Commission for further review and ultimately a
recommendation for language change to the Council.
Maxey, Lisa
.tom: Scott Clark <sclark@stelzerclark.com>
Sent: Wednesday, April 27, 2016 1:47 PM
To: Smith, Valerie; PMarinace@bannerbank.com; Maxey, Lisa; Al Rose; Alfred A. Rose
(silvrfx40@bmi.net); Ibarra, Rosalinda; Patricia Byers; William Cook (cook.w@charter.net);
Davenport, Joan; Peters, Jeff; gavinkeefe@gmail.com; 'Ron Anderson'
Subject: This afternoons Planning Commission meeting
Good afternoon -
I will be unable to attend this afternoons meeting due to a work commitment,
I wanted to convey my thoughts regarding the deadline extension for the comp plan consideration form. I've spoken
with multiple people who are interested in rezoning their property who hadn't heard about the consideration form, or
the comp plan update process. While I think the planning staff have done a good job of getting the word out, there's
obviously a number of interested individuals who are still unaware. When you take into consideration the public will not
have a chance to apply for these actions until 2018, 1 think it's especially important to allow more time for people to
respond.
I would recommend an extension to June 15th, and would argue against anything shorter than May 31St. Don't hesitate
to contact me before 3:00 with any questions.
hank you , sorry I'm not available to make the meeting today. Have a great afternoon.
Cell 206.484.9908
s qLk .s,tel, ercla �lc corn
STELZER CLARK, LLC
REAL ESTATE I CONSULTING
DEVELOPMENT
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are
addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby
notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this e-mail in error, please
notify the original sender at the telephone number above or contact (509) 248-4530 and destroy this e-mail, along with any attachments.
From: Smith, Valerie[mailto:Valerie.Smith@YAKIMAWA.GOV]
Sent: Monday, April 18, 2016 2:58 PM
To: PMarinace@bannerbank.com; Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV>; Al Rose <aar704O@gmail.com>; Alfred
A. Rose (silvrfx40@bmi.net) <silvrfx40@bmi.net>; Ibarra, Rosalinda<Rosalinda.lbarra@YAKIMAWA.GOV>; Patricia Byers
<patbyers907@msn.com>; Scott Clark <sclark@stelzerclark.com>; William Cook (cook.w@charter.net)
<cook.w@charter.net>; Davenport, Joan <Joan. Davenport@YAKI MAWA.GOV>; Peters, Jeff
<Jeff.Peters@YAKIMAWA.GOV>
Subject: FW: News Release Issued
,00d afternoon,
The attached press release was sent out on Friday.
We have already received one Request for Consideration form, and inquiries/interest
`rom a few others.
The deadline for submittal is Friday April 29tH
Please be thinking about whether or not the YPC will extend that deadline, either for an
additional month or to a date certain.
Planning Staff will have an update at your meeting next Wednesday.
Thanks for your time!
-Valerie
Valerie M. Smith, AICP
Senior Planner
City of Yakima
129 North 2nd Street
Yakima, WA 98901
(509) 575-6042
ypl rierie s Ti th yaA %.rna v .:. a
y
This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public
Records Act. This email is subject to the State Retention Schedule.
From: Crockett, Ken
Sent: Friday, April 15, 2016 3:29 PM
To: Smith, Valerie
Subject: News Release Issued
Hi Valerie,
The News Release has been sent out. I attached a copy to this e-mail.
Ken
N