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Home My WebLink About12-13-17 YPC PacketFC111IR THE' Aws a a DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director o'm r OF°P, ia,o�v Planning Division j (�I Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday December 13, 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 Cfty Planni Lag Staff: 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 November 8, 2017 VI. Discussion: Conditions for Rezones & Processing Rezone Applications VII. Other Business VIII. Adjourn Next Meeting. December 27, 2017 2015 1994 U TV%,U, AMIN MI a Ail 9Gb" r C "�f"uWhdVA City of Yakima Planning Commission City Hall Council Chambers Wednesday December 13, 2017 Beginning at 3:00 p.m. Study Session 'PLEASE WRITE LEGIBLY' M=MMMi=MMIMMw= �..._._............................................ ... _............... .� ..................... _._........................ .................... _............................................................. .. . .................... .. ......................... __................... Page 1 12/13/2017 YPC Study Session City of Yakima 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 1, x,111, 070 and Title 16. The application shall include the information required in YMC 1µ5.1,1020 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 1; ,05,050. 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 examiner's 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). City of Chelan 19.50.020 Application. A. Application for site-specific rezone or official zoning map amendment shall be pursuant to Chapter 19.18 and shall include a conceptual site plan. The administrator may require a traffic impact analysis and other studies necessary to demonstrate compliance with the criteria established in this chapter. B. Site-specific zoning map amendment requests may be submitted at any time and are classified as Type III permit and shall be processed pursuant to this title. C. Applicants for the proposed site-specific rezone have the burden of proof in demonstrating for the public record that the rezone criteria are satisfied in the case of their proposal. D. Applicants may propose special conditions to be imposed upon the proposed site- specific rezone amendment. E. The city is specifically authorized to enter into a concomitant agreement as a condition of a proposed site-specific rezone and through that agreement impose conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. (Ord. 1461 § 4 (Exh. B) (part), 2013). 19.50.120 Rezone criteria. A. Applications for site-specific rezone amendments to the zoning district map may only be approved if all the following criteria are satisfied: 1. The application for the site-specific rezone amendment must be consistent with and further the goals, policies, and objectives of the comprehensive plan. 2. The application for the proposed site-specific rezone amendment must further or bear a substantial relationship to the public health, safety and general welfare. Issues to be considered include, but are not limited to, the following: a. Whether the proposed site-specific rezone will impose burdens upon public facilities beyond their capacity to serve, or reduce such services to lands, which are deemed unacceptable by the city; b. Whether the proposed site-specific rezone will result in any hazardous conditions or the unsafe presence of hazardous materials in the community; and c. Whether the proposed site-specific rezone of the site would be compatible with the development of zoning in the immediate neighborhood. 3. The application for the site-specific rezone shall evaluate and demonstrate land use circumstances. Issues to be considered include, but are not limited to, the following: a. Whether the proposed site-specific rezone will be consistent with the intent of the zoning ordinance and the affected zoning district(s); b. Whether development involving the proposed site-specific rezone will mitigate any adverse impact(s) upon existing or anticipated land uses in the city; c. The proposed rezone represents a better use of the land from the standpoint of the comprehensive plan including economic development; d. The unique characteristics, if any, of the property or circumstances of the owner; and e. Any hardship that may result in the event the rezone is not granted. 4. Property shall be adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same zoning district. Spot zoning is not allowed. 5. The site-specific rezone has merit and value for the community as a whole. (Ord. 1461 § 4 (Exh. B) (part), 2013). City of Ellensburg 15.250.060 Rezones — Type IV or V review process. Site-specific rezones to change the current zoning of a property to a new zoning category that is consistent with the comp-rehensive plan land use designation for the property are reviewed as Type IV ---------------------------------- processes. Type V reviews involve the legislative revisions to the zoning map for area -wide changes including comprehensive plan updates and those proposed to implement subarea plans. A. Purpose. The purpose of this section is to provide procedures for amending the text, maps, and charts of this title, and amendment criteria for amending the official zoning map. B. Procedures. Site-specific rezones are subject to the Type IV review process, as set forth in Chapter 15.210 ECC. All other rezones are subject to the Type V review process as set forth in Chapter 15.210 ECC. C. Site -Specific Rezone Decision Criteria. The'city' may approve or approve with modifications an application for a rezone of property only if the applicant has adequately demonstrated that all of the following statements apply to the proposed rezone: Conditions have changed since the imposition of the zoning classification on the property; 2. The proposed rezone bears a substantial relationship to the public health, safety, morals, and general welfare; 3. The proposed rezone is consistent with the comprehensive plan; and 4. The proposed rezone to a particular zoning district shall be consistent with the development standards in the LDC for the zoning district. Applicants may propose conditions to be imposed on the site-specific rezone in order to mitigate any detrimental effect the rezone might have on uses or property in the immediate vicinity of the proposed rezone. Any conditions imposed by the city on the rezone shall be incorporated in a development; agreement executed by the ',city council and the property owner(s), under the procedures set forth in RCW 36.706.170 through 36.706.200 and Chapter 15.360 ECC, Development Agreements. The burden of this demonstration is on the rezone applicant. [Ord. 4656 § 1 (Exh. 02), 2013.]