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HomeMy WebLinkAbout11-08-17 YPC Packet:;`t;: T111:'; R I�L"ORI) / FIlls. F, AWRAI 611 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Cweft � 0 YAKrM�, 1'llan:��a�a V.:�iwisio��a Pl�i� Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.p]anning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday November 8, 2017 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat, Robert McCormick Council Liaison: Avina Gutierrez h' g : Ci P anrun St Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of October 11, 2017 VI. Discussion: Roles of the Planning Commission VII. Other Business VIII. Adjourn Next Meeting. November 22, 2017 *PLEASE WRITE LEGIBLY' Room ._........... .......................... Page 1 11/08/2017 YPC Study Session City of Yakima Planning Commission Roles and Responsibilities 1. Planning Commission Established Chapter 1.42 PLANNING COMMISSION* Sections: 'L. 2 919 Planning commission—Authority. 1 42w020 Organization and procedures. 1.42.025 Membership—Appointment—Terms. 1.42.026 Residence of members. 11.+.027 Vacancy filling—Unexpired terms. 1.42.030 Duties. 1.42,.0 0 Yakima urban area comprehensive plan—Adoption and amendment procedures. * See Charter Article VIII, Section 1, Zoning—See Title ,1„5 of this code. 9... .son. u'....orat......e. . ....w ,10 wannan._comma.sa . e e. .. ,... The city of Yakima planning commission shall have the full authority and jurisdiction to perform all acts, duties and functions which are either required of or imparted or conferred on a planning commission by law or ordinance. Provided, any duties or functions of the planning commission which are conferred on the office of hearing examiner shall be performed by such examiner. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986). 4 . ... .020 Organization and procedures. ..._. . .._. The commission shall perform its duties and functions as the planning commission of the city of Yakima under the provisions and procedures of RCW Chapter 35.63. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986). 1.42.025 Membership— pp s. erm oan„men— ..... . k .r ..... ....mk .......m..._...r . .....w.... .. m . _..... ,. A. The city planning commission shall consist of seven members appointed by the mayor and confirmed by the city council. The term of office for the first appointive members appointed to the city planning commission shall be designated from one to six years in such a manner as to provide the fewest possible terms will expire in any one year. Thereafter the term of office for each appointive member shall be four years. B. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members may be removed, after public hearing, by the mayor, with the approval of the city council, for inefficiency, neglect of duty or malfeasance in office. C. The members of the city planning commission shall be selected without respect to political affiliation and they shall serve without compensation. D. No person shall serve more than two consecutive terms, provided a person appointed to fill unexpired terms of less than two years is eligible to serve two successive four-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. (Ord. 2017-018 § 1, 2017: Ord. 2010-22 § 1 (part), 2010). 1.42.026 Residence of members. No person shall hold the office of member of the city planning commission unless that person is either (1) a resident of the city of Yakima, or (2) an owner of a business or of real property that is located within the city of Yakima. The office of member of the city planning commission shall become vacant upon such member ceasing to meet the requirements of either subsection 1 or 2, or both, as described in this section. (Ord. 2012- 55 § 1, 2012: Ord. 2010-22 § 1 (part), 2010). 1.42 027 Vacancy filling—Unexpired terms. Vacancies occurring other than through the expiration of terms shall be filled by appointment as provided in YMC 1,42.025. (Ord. 2010-22 § 1 (part), 2010). 1.42.030 Duties. The duties of the city planning commission shall be as set forth in RCW 3 6.63,060, by city ordinance, or as may be assigned or requested from time to time by the city council. Such duties include, but are not limited to: 1. Serving as the long-range planning body for the city of Yakima; 2. Monitor the growth and development of the city and continually reevaluate and recommend to the city council revisions to the comprehensive plan and zoning ordinance for the city; 3. Develop and recommend to the city council a subdivision ordinance for the city and revisions thereto; 4. Investigate and make recommendations on other land use matters as maybe requested by the city council or on its own initiative; 5. Study and report on all proposed text changes to land use ordinances; 6. Advise the city council on land use matters; 7. Monitor the hearings of the hearing examiner in order to remain informed on development activities, public concerns and the decisions of the hearing examiner; 8. Such other planning functions as authorized or required by law or ordinance or as requested or assigned by the city council. (Ord. 2010-22 § 1 (part), 2010: Ord. 2948 § 3 (part), 1986). 1.42 070 Yakima urban area comprehensive plan—Adoption and amendment procedures. A. Plan Adoption. The Yakima urban area comprehensive plan ("the plan") shall consist of Yakima Urban Area Comprehensive Plan 2025, adopted by Ordinance No. 2006-62 on December 15, 2006, the Terrace Heights Neighborhood Plan adopted on June 4, 1999, and the West Valley Neighborhood Plan, as adopted. The plan and its elements and plans including those incorporated by reference are hereby adopted as the official comprehensive land use plan for the city of Yakima, as required by Chapter 36.70ARCW. B. Plan Amendments. Requests for amendments to the Yakima urban area comprehensive plan may be submitted in accord with YMC 1.1.1.1:3, and will be docketed for review and acted upon as provided in RCW.36.'70A.130. Proposed amendments shall be considered concurrently to ascertain the cumulative effect of the various proposals. Initial adoption of subarea plans and the adoption or amendment of a shoreline master program are not subject to the docketing requirement, and may be considered independently of the annual amendment process. Amendments to the plan may also be considered whenever an emergency exists, or to resolve an appeal of the plan filed with the Eastern Washington Growth Management Hearings Board, following appropriate public participation. C. Amendment Review Process. Proposed amendments to the plan shall be submitted to the city of Yakima department of community and economic development, along with the required application fee, for review by the city planning commission. The city planning commission shall hold at least one public hearing to receive public testimony on proposed amendments, and shall forward its recommendation regarding proposed amendments to the city council. The city council shall hold at least one public hearing on the city planning commission's recommendation. The city council may refer any proposed amendment back to the city planning commission for further consideration and recommendation. The city council may amend the plan or reject any proposed amendments subsequent to the city council public hearing. D. Existing Land Use Regulatory Ordinances Remain in Effect. All existing land use regulatory ordinances and land use controls shall remain in effect, including Title 15, Yakima Urban Area Zoning Ordinance; city of Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88, Environmental Policy; and YMC Chapter 15.27, Critical Areas, until such time that these ordinances are amended. Future land use decisions shall be based upon these ordinances, as periodically amended. E. Severability. If any section, sentence, clause or phrase of the adopted Yakima urban area comprehensive plan should be held to be invalid or unconstitutional by any body or court with authority and jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of the adopted Yakima urban area comprehensive plan. F. Revival of 1997 Plan upon Invalidation. In the event that the 2006 Yakima urban area comprehensive plan, or any portion thereof, is invalidated by the Eastern Washington Growth Management Hearings Board, or any other body or court with authority and jurisdiction, the 1997 Yakima urban area comprehensive plan, or the relevant portions thereof, shall be revived and shall be in effect until a new comprehensive plan or new relevant portions are established. Il. Roles and Responsibilities a. Rezone 15.23.030 Rezones—Zoning map amendments. A. Initiation. An amendment to the zoning map may be initiated by: 1. Resolution of the legislative body with jurisdiction or the city of Yakima planning commission; or 2. A rezone application filed by the property owner(s). B. Application. All rezone applications shall be filed with the planning division. The planning division shall process the application under the provisions of YMC 11511' .070 and Title 16. The application shall include the information required in YMC 15.,1_1.020 and the signature of the owner(s) of the property. C. Public Hearing by the Hearing Examiner or City of Yakima Planning Commission. Upon receipt of a complete application for a rezone, the planning division shall forward the application to the hearing examiner or city of Yakima planning commission for public hearing and review; provided, that rezone applications initiated by the city to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city of Yakima planning commission under the provisions of RCW Chapter 36.70. The public hearing shall be held and notice provided under the provisions of YMC „16.0 .050. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments. D. Recommendation by the Hearing Examiner or City of Yakima Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the hearing examiner or city of Yakima planning commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations: 1. The testimony at the public hearing; 2. The suitability of the property in question for uses permitted under the proposed zoning; 3. The recommendation from interested agencies and departments; 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima urban area comprehensive plan and the intent of this title; 5. The adequacy of public facilities, such as roads, sewer, water and other required public services; 6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and 7. The public need for the proposed change. Notice of the hearing examiners or the city of Yakima planning commission's recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the hearing examiner or the city of Yakima planning commission on rezone applications shall constitute a recommendation to the legislative body. E. Action by the Legislative Body. Upon receipt of the hearing examiner's or the city of Yakima planning commission's recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the hearing examiner's or the city of Yakima planning commission's decision. The legislative body shall conduct its own public hearing when it rejects the recommendation of the hearing examiner, the city of Yakima planning commission, or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in YMC Ch. 15.11 and Title 16. In either case, the findings of the legislative body shall include the considerations established in subsection D of this section. F. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 11, 2011: Ord. 2010-22 § 8, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 67, 1987: Ord. 2947 § 1 (part), 1986). b. Comp Plan Amendment 16 10.040 Approval criteria. The following criteria shall be considered in the review of any proposed amendment to the Yakima urban area comprehensive plan: (1) To alter the future land used map or other plan policy map, or effect a comprehensive plan text amendment, the proposed amendment must do one or more of the following: (a) Address circumstances that have changed since the last time the relevant comprehensive plan map or text was considered; (b) Better implement applicable comprehensive plan policies than the current relevant comprehensive plan map or text; (c) Correct an obvious mapping error; or (d) Address an identified deficiency in the comprehensive plan; (2) Pursuant to RCW ,; 0A.04 , proposed comprehensive plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County or cities with which the city of Yakima has, in part, common borders or related regional issues as may be required by RCW 36.70A.100; (3) Proposed comprehensive plan amendments must be consistent with the Growth Management Act (GMA), Chapter 36.70ARCW, and the Yakima county -wide planning policy (CWPP); and (4) Cumulative impacts of all comprehensive plan amendments, including those approved since the original adoption of the comprehensive plan, shall be considered in the evaluation of any proposed amendments. (Ord. 2003-19 § 1 (part), 2003). c. Preliminary Long Plat 14.20.100 Review by city of Yakima planning commission or hearing examiner— Recommendation required. A. The city of Yakima planning commission or the hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 1. The proposed subdivision must be consistent with the provisions of the urban area zoning ordinance; 2. The proposed subdivision must be consistent with the city of Yakima's comprehensive plan; 3. The proposed subdivision must be consistent with the provisions of this title; 4. As required by RCW Chapter 58.17, the proposed subdivision must make appropriate provisions for: a. Public health, safety, and general welfare; b. Open spaces; c. Drainage ways; d. Streets or roads, alleys, and other public ways; e. Transit stops; f. Potable water supplies, irrigation and other water suppliers; g. Sanitary waste disposal; h. Parks and recreation; i. Playgrounds; j. Schools and school grounds; k. Sidewalks; I. Other planning features that assure safe walking conditions for students who walk to and from school; 5. Based upon standards in subsections (A)(1) through (A)(4) of this section, a finding that the public use and interest will be served by the approval of this subdivision. B. The city of Yakima planning commission or the hearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten working days following the open record public hearing. (Ord. 2017-017 § 2 (Exh. B) (part), 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998). d. Text changes to Title 14, Title 15, Ch. 6.88, and Ch. 15.27 15.20.050 City of Yakima planning commission. A. Establishment and Jurisdiction. The city planning commission is organized under RCW Chapter 35.63 and serves as a citizen advisory group to the legislative body on long-range planning matters. B. Authority and Duties. 1. As the long-range planning body for the city of Yakima, the city planning commission shall monitor the growth and development of the city of Yakima and continually reevaluate and recommend revisions to the city of Yakima comprehensive plan and this title; 2. Investigate and make recommendations on other land use matters either requested by the elected officials or upon its own initiative; 3. Study and report on all proposed text amendments to this title; 4. Review and report to the city council at least once a year. This report shall: a. Analyze the extent to which development has actually occurred in the city of Yakima and evaluate this title in terms of its ability to guide growth in conformance with the city of Yakima comprehensive plan; b. Recommend any changes in the zoning map which may be required in order to accommodate expected residential, commercial and industrial development in the Yakima urban area over the next twenty years; c. Analyze the need for any other regulations imposed by this title in terms of changed conditions since the last review; 5. Advise the legislative body on land use matters; 6. Monitor the hearings of the hearing examiner in order to stay informed on development activities, the concerns of the public, and the decisions of the hearing examiner; and 7. Perform any other function authorized by law. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011- 12 § 10, 2011: Ord. 2010-22 § 6, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.20.060). 14. 06.070 me ndments. A. The city of Yakima planning commission shall consider in public hearing any proposed amendments to, or the repeal of, any portion of this title and submit a recommendation thereon to the Yakima city council. Public notice of the city of Yakima planning commission hearing shall be provided in the following manner: 1. By publication of at least one notice not less than ten calendar days prior to the public hearing in the official city newspaper. 2. Additional notice shall be given to individuals and organizations which have submitted written requests for notice by mailing of a notice not less than ten calendar days prior to the public hearing. B. The Yakima city council shall consider in public hearing any proposed amendments to, or repeal of, any portion of this title along with the recommendation of the city of Yakima planning commission thereon. Public notice of the hearing before the city council shall be given in the same manner as for the city of Yakima planning commission hearing. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-22 § 3, 2010: Ord. 98-65 § 2 (part), 1998). ME Yakima Planning Commission October 11, 2017 Public Hearing Script uiP IIC i i:. lll...E ITEM #1 & 2 — CALL TO ORDER & ROLL CALL ITEM #3 — STAFF ANNOUNCEMENTS ITEM #4 —AUDIENCE PARTICIPATION ➢ CHAIR: "Item number 4 on the agenda is audience participation. First, if you are here for the public hearings regarding the rezone or the final long plat text amendment, please fill out an audience participation slip from the table in the back of the Chambers and hand it up front to the clerk of the board before we begin those hearings. The opportunity for audience participation for those hearings will be provided once we get to those items later on today's agenda." ➢ "Continuing with this item, this is an opportunity for community members to comment on items that are not on today's agenda. Is there anyone who would like to speak?" o [If no response] "seeing none, we will move on." [If response] "Please come up to the podium and state your name for the record" ITEM #5 — APPROVAL OF MEETING MINUTES — 9127117 ITEM #6 - PUBLIC HEARING ON REZONE ➢ CHAIR: "Now we are at the public hearing portion of the agenda. First is the public hearing on the application submitted by Hordan Planning Services on behalf of Jay Sentz for a proposal to rezone the property at 4201 Summitview Avenue. To be respectful of the rights and interests of all involved, the public hearing will be structured as follows: o First, staff will summarize their analysis of the issue before us. o Then, the applicant will be given a chance to make their case. o Next, the public will be given an opportunity to provide their comments on the proposal. This can include suggestions or questions that the public thinks we should ask of the applicant. o Following public comment, we will ask any questions of the applicant. o After listening to and considering both the applicant's and the public's information, the commission will have discussion on the information presented and will ask for any further clarifications from staff as needed. o Lastly, we will take a vote on what the commission will recommend to City Council and to adopt findings consistent with that recommendation. ➢ "Now if staff would please present their analysis" ➢ "1 would like to call the applicant up to the podium to give their presentation. Please state your name for the record." ➢ "If anyone from the public would like to speak on this issue, please come forward to the podium and state your name into the microphone." ➢ [After all public comment has been taken] "If there is no one else from the audience wishing to speak on this item, I would like the applicant to come back up to answer any questions from the commission members." ➢ "If there are no further questions for the applicant, I will close the public testimony portion of the hearing. Now is the time for the commission to discuss what was presented this afternoon and ask for any final clarifications from staff before any motions are made." ➢ "If there is no further discussion, I will entertain a motion." [SEE STANDARD MOTIONS AT END OF STAFF REPORT] ITEM #7 — PUBLIC HEARING ON TEXT AMENDMENT ➢ CHAIR: "Now we will move on to the second and final public hearing on today's agenda. This is the public hearing on a proposal brought forth by city staff to amend the City of Yakima's Municipal Code Title 14 Subdivision Ordinance to modify the Final Plat approval process. The public hearing will be structured as follows: o First, staff will summarize this issue. o Next, the public will be given an opportunity to offer their comments on this proposal. o The commission will then discuss what was presented by staff and any audience members, and will ask for any further clarifications needed from staff. o Lastly, we will take a vote to make a recommendation to City Council and adopt findings consistent with that recommendation." ➢ "Now if staff would please present their report" ➢ "If anyone from the public would like to speak on this issue, please come forward to the podium and state your name into the microphone." ➢ "If there is no one else from the audience wishing to speak on this item, I will close the public testimony portion of the hearing and open it up for discussion amongst commission members. ➢ "If there are no further comments or questions from commission members, I will entertain a motion" [SEE STANDARD MOTIONS AT END OF STAFF REPORT] ITEM #8 — OTHER BUSINESS ITEM #9 — ADJOURN