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HomeMy WebLinkAbout09-12-18 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director 11 %Xk� uu:�; Dui k wi PlOTY 1' YAKIIMA anning Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday September 12, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem Council Liaison: Jason White City Planning 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 August 22, 2018 VI. Public Hearing - 2018 Text Amendments Applicant: City of Yakima Planning Division File Numbers: TXT#002-18 & SEPA#020-18 Site Address: N/A Request: Amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16 concerning the sign code, Rezone criteria, Accessory Dwelling Unit standards, the Modification Chapter, adding a definition & land use for Taxicab Home Occupation, modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, and consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch.16.08. (Additional Information posted online at: www.yakimawa.gov/services/planning under Quick Links) VII. Continued Public Hearing - City of Yakima Wastewater Division Applicant: City of Yakima Wastewater Division File Numbers: CPA#007-18, RZ#008-18 & SEPA#010-18 Site Address: Vicinity of Highway 24 & S 22nd St Request: Change the Future Land Use map designation for three parcels from Low-density Residential to Commercial Mixed -Use and rezone three parcels from Suburban Residential (SR) to General Commercial (GC) to enable a future proposal for a low -barrier homeless shelter use. VIII. Study Session: Hotel/Motel & Extended Stay Hotel/Motel Uses & Definitions IX. Other Business X. Adjourn Next Meeting. September 26, 2018 Yakima IS 094 oma fit XM16 AMA&W (Ally (0nninKIMA ag CITY OF YAIUMA YAKIMA PLANNING COMMISSION PUBLIC HEARING City Hall Council Chambers SIGN -IN SHEET HEARING DATE:.. Wednesday September 12, 2018 AWIN a a IL %"%, ,draw,w pP6 I :)f YAKWA a n h j n . . . .......... .................... .... . .... .. _e.__ ........ ... . . ............. .. ­­­­ . ...... ­­­ .. . .......... . .......... . ...... .. PUBLIC HEARINGS: A. CITY PLANNING - 2018 TEXT AMENDMENTS (TXT#002-18 & B. CONTINUED HEARING - CITY WASTEWATER DIVISION SEPA#020-18) (CPA#007-18, RZ#008-18 & SEPA#010-18) of HiRliway 24 & S 220 St .......... __ ____w_ PUBLIC HEARINGS: A. CITY PLANNING - 2018 TEXT AMENDMENTS (TXT#002-18 & B. CONTINUED HEARING - CITY WASTEWATER DIVISION SEPA#020-18) (CPA#007-18, RZ#008-18 & SEPA#010-18) bar"."cinify ca. yl ii...v 24 & S 22,,d St Yakima Planning Commission Sign -In Sheet— 09/12/2018 Meeting Date: 9/12/18 YAKIM'A P Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the Commission. Name: Za" cam- �-- 11 Subject/ Agenda Item Number(s). '°IMS j� M, -C? r " E-mail:� N �• Mailing Address*: *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments,. Meeting Date: 9/12/18 City of 'Yakima YAKII"A PLANNING COMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the � I u Commission.. Name: Subject/ Agda Item Number(s): ��f E-mail: b 8 Mailing Address*; Z izndll-�t- *Please provide yourailing address on this form. When addressing the Commission, state your name and whether you liive inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments Meeting Date: 9/12/18 City of Yakima YAKIMMMA PLANNINGCOMMISSION (YPC) Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the Commission. Name: (�� v ✓� Subject / Agenda Item Number(s): Mailing Address*: *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments. Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board prior to addressing the Committee. Name: 2 . r Subject /Agenda Item Number(s): \( -�L- E-mail.- Mailing Address*; % D L1 0 *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments. Meeting Date: 9/12/18 City of Yakima YAKIMA PLANNING COMMISSION (YPC)' Audience Participation Slip (PLEASE PRINT) Please complete this form for the record and submit it to the Clerk of the board ar/or to addressing the Committee. Name: C l o v Subject /Agenda Item Number(s): J vle i 5 , cc a 4 - E-mail; 1' � 1 11 c a < Mailing Address*: ., �.. _ , w; M' �� .( C J *Please provide your mailing address on this form. When addressing the Commission, state your name and whether you live inside or outside the City limits. The Commission welcomes input from the public both during "Audience Participation" and during discussion of regular agenda items. Please note that the Commission meeting is being televised on Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate language or behavior are not be permitted. Thank you for your comments City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of August 22, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel, Philip Ostriem YPC Members Absent: Bill Cook (excused) Staff Present: Joseph Calhoun, Planning Manager; Trevor Martin, Associate Planner; Lisa Maxey, Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign -in sheet in file Staff Announcements - Planning Manager Joseph Calhoun reminded the Commission of a hearing on various text amendments and a continued hearing for a Comprehensive Plan Amendment and Rezone (CPA#007-18/RZ#008-18) for property at the wastewater treatment plant on September 12tH, and a rezone hearing for property located on the southeast corner of 56th Ave and Summitview Ave on September 26tH. Audience Participation - None noted. Approval of Meeting Minutes of August 8, 2018 - It was motioned by Commissioner Liddicoat and seconded by Vice -Chair Rose to approve the meeting minutes of August 8, 2018. The motion carried unanimously. 2018 Comprehensive Plan Map Amendment Hearings - CPA#003-18 & RZ#004-18 - William Almon - Associate Planner Trevor Martin presented staff's findings of fact, conclusions, and recommendation on this matter. Bill Hordan of Hordan Planning Services (applicant) restated the reason for this proposal. No testimony was given by the audience so the public hearing was closed. Hordan clarified that there is no project at this time and that the driveway approach for this property would most likely be relocated further to the south on 48tH Ave at the time that a project is established. It was motioned by Commissioner McCormick and seconded by Vice -Chair Rose that the Yakima Planning Commission recommend approval of this amendment request from Low -Density Residential to Community Mixed Use to accommodate a concurrent rezone from R-1 (Single-family Residential) to B-1 (Professional Business) to the Yakima City Council. The motion carried unanimously. CPA#004-18 & RZ#005-18 - Riverpointe Landing LLC/Westtowne LLC - Martin presented staff's findings of fact, conclusions, and recommendation on this matter. Bill Hordan (applicant) spoke on the expansion of industrial uses in the area and specified that there is no project at this time. He reported that when a project is approved, it would likely be subject to sitescreening standards like fencing and landscaping to help mitigate impacts to surrounding properties. He added that due to a large easement, development on these parcels would be limited to the eastern portion of the properties. Hordan mentioned that he received a phone call from Harlan Dunn, a developer of Lake Aspen who has ownership interest in property located northwest of this proposal, -1- with questions about the proposal but no written comments were submitted subsequently. Hordan stated that the existing residence on one of the subject properties in the request would become a legal non -conforming use. The Commission had brief discussion on a previous proposal for a shopping center at this site that did not come to fruition, as well as how many parcels were reached using a 300 -ft buffer from the subject parcels for mailing public notice. No testimony was given by the audience so the public hearing was closed. It was motioned by Commissioner Hughes -Mickel and seconded by Commissioner McCormick that the Yakima Planning Commission recommend approval of this amendment request from Regional Commercial to Industrial to accommodate a concurrent rezone from LCC (Large Convenience Center) to M-1 (Light Industrial) to the Yakima City Council. The motion carried unanimously. CPA#005-18 & RZ#006-18 - West Valley Nursing Homes Inc - Martin explained that the applicant has requested the hearing to be continued to the September 26tH Planning Commission meeting so the applicant has time to continue negotiations with neighbors in the area prior to moving forward. No testimony from the audience was submitted so the Commission had consensus to continue the hearing to September 26th at which time the staff report would be presented. CPA#006-18 & RZ#007-18 - Israel Zaragoza - Martin presented staff's findings of fact, conclusions, and recommendation on this matter. Bill Hordan (applicant) accentuated the success of the property owner's business to the south (Audio King and Tinting) but raised concerns with traffic congestion. He reasoned that this proposal would help in this regard since parking for the business could expand onto this property in the future. Hordan informed the Commission that the property is now vacant as the house that was on it has been demolished. He voiced that he does not have an issue with staff's recommendation to limit any new road approach on 7t" St for this business at the time of project submittal and said that he expects a sitescreening requirement of a 6 -ft fence at a minimum on the north property line as there is a single-family residence on the abutting property. Discussion took place on the noise complaint mentioned in the comment letter from a neighbor, which Hordan said he did not address. The Commission requested that city staff respond to the neighbor informing them of what departments they can direct their complaints to. The Commission discussed their desires for the subject lot and the lot to the south which has the business on it be merged together, for the alleyway to be paved, and for new access off of 7t" St to be prohibited for this business. Rita Garza, neighbor to the north, spoke on and provided photos of troubles she's had with this business since it moved into her neighborhood, including traffic congestion, dust and insulation going onto her property from not watering the area down after the house demolition, light pollution, contractors removing a pole from her property, playing loud music and revving engines late at night, tearing up sidewalk in front of her property, repeatedly driving up and down the street, and causing a tree to fall on her fence. She added that the land use action sign posted at the site was being covered by trucks so it was not visible (the applicant addressed this earlier in his testimony, mentioning that he went to the site to move the sign so it could be seen). Garza expressed her desire for this lot to remain residential and further explained that the proposal may reduce traffic congestion but she is still highly concerned with problems -2- this business has caused and is therefore opposed to the opportunity for them to expand. The Commission responded to Garza, explaining that the City Clerk's office could assist in telling her which departments to contact related to these complaints. Le Roy Pacheco, Garza's boyfriend, explained that the building for this business extends almost to the end of the alley rather than using a fence on the property line. Hordan told the Commission he will follow up with the property owner and inform him that he is jeopardizing his opportunity for this rezone based on these complaints. He added that he may speak with staff about putting "no parking' signs at certain areas near the intersection. Hordan submitted an exhibit showing where the current driveway approach is to the business. Pacheco encouraged the Commission and staff not to require paving of the alley due to cars already speeding through it. It was motioned by Commissioner Hughes -Mickel and seconded by Commissioner Rose that the Yakima Planning Commission recommend approval of this amendment request from Mixed Residential to Commercial Mixed Use to accommodate a concurrent rezone from R-2 (Two-family Residential) to GC (General Commercial) to the Yakima City Council, with a modification to require a merger of the subject parcel with the parcel to the south that the business is on. The motion carried unanimously. Study Session: Hotel/Motel and Extended Stay Hotel/Motel Uses and Definitions - Calhoun went over staff's recommendations on draft definitions for hotel, motel, and extended stay hotel/ motel. John Cooper from Yakima Valley Tourism voiced his support for the draft hotel/ motel definition and suggested that a high percentage of rooms for short-term stay be designated in the definition. Cooper said he would ask the Ledgestone Hotel and report back what percentage of short-term rooms vs. extended - stay rooms they offer. Calhoun said he will check the building code for a definition of "kitchen facility" for clarity in case it is placed in the definition of extended -stay. Cooper confirmed that the Home2 Suites located in Richland, which is considered an "extended -stay" hotel chain and one of which is being constructed in Yakima, contains an under-the-counter refrigerator, microwave, sink, and coffeemaker, and possibly a heating pad in lieu of a stove range in their rooms. Through discussion, Calhoun defined the objective of this process to be preventing a hotel from converting to temporary worker housing and providing definitions the code was lacking. Staff and Commission concluded that stipulating in the definition that lodging would be for a fee would create a scenario in which temporary worker housing may be excluded from the extended -stay use. The Commission requested staff to report back on the state and federal definitions of H -2A and temporary worker housing. The Commission had consensus to continue discussion on this item at the next meeting. Other Business - None noted. Adjourn - A motion to adjourn to September 12, 2018 was passed with unanimous vote. This meeting adjourned at 5:07 p.m. Chairwoman Byers Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, planning Specialist. -3- CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18 Yakima Planning Commission Open :record Public Hearing September 12, 2018 EXHIBIT LIST Applicant: City of Yakima Planning Division File Numbers: TXT#002-18 & SEPA#020-18 Site Address: N/A Staff Contact: Joseph Calhoun, Planning Manager Table of Contents CHAPTER A Staff Report CHAPTER B SEPA Checklist CHAPTER C Application CHAPTER D Public Notices CHAPTER E Supplemental Information CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18 EXHIBIT LIST CHAPTER A Staff Report �rl P� " u'��!'ii;��� IIII 1111111 � IIII�� �I 1111111 � , A-1 Staff Report 09/12/2018 ........._.�.......................... �......._...._........................... ..._........................... . ..............._. ........... DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director lIYY a�r�` "b°��, IMA Manning Division mm n i Joseph Calhoun, Manager 129 North Second Street, 2°d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning Recommendation Regarding Amendments to the City's Zoning Ordinance TO: City of Yakima Planning Commission FROM: Joseph Calhoun, Planning Manager SUBJECT: Zoning Ordinance Text Amendments — File TXT#002-18 FOR MEETING OF: September 12, 2018 I. PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS: The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. The Planning Commission held study sessions on these proposed amendments on December 13, 2017; January 10, 2018; March 14, 2018; March 28, 2018; April 11, 2018; May 5, 2018; May 23, 2018; and June 27, 2018. Proposed Amendment Sections: The complete track changes text can be found in Exhibit "A" and is incorporated herein by reference. A summary of the amendments is as follows: 1. YMC § 15.08.045(7) — Sign Code Exemptions a. Modifications to Flag size and Flag pole height/location. Staff Analysis: This standard provides more flexibility for an exemption under the sign chapter. For example, under the current language a homeowner in the R-1 zone could only have a 10 -ft tall flag pole. 2. YMC § 15.23.030 — Rezones -Zoning map amendments a. Requiring a non -project rezone application to submit a non-binding conceptual site plan. b. Requiring that any conditions imposed on a Rezone application be incorporated into a development agreement. Staff Analysis: Changes as discussed previously from conversation related to a non -project rezone processed in 2017. The proposal is similar to other cities (Ellensburg, Wenatchee) in the requirement for a DA when conditions are placed on a Rezone. Requiring a conceptual site plan with a non -project rezone will provide the notified property owners a visual representation of what future development could look like, but will not be binding on the applicant. 3. YMC § 15.09.045 —Accessory Dwelling Units a. Consistency with Table 4-1 related to level of review (Class 2 in SR and R-1) b. Adding R-2 and R-3 as allowable zoning districts (Class 1 in R-2 and R-3) c. Clarifying structure type and placement d. Decreasing the minimum lot size from 0.25 acres to a lot appropriately sized for a duplex Staff Analysis: ADU's were added to the Zoning Ordinance in 2010 but have been proposed and constructed minimally due to the onerous restrictions. Currently they are only permitted in the SR and R-1 zones and only on parcels 0.25 acres or more. On occasion a customer will inquire about adding an ADU to a single family home in the R-2 zone and it isn't permitted. Proposed is to add the remaining residential zones (R-2 and R-3) and abandon the 0.25 acre requirement and instead rely on the minimum lot size to build a duplex (8, 000 square -feet in SR and R-1, 7,000 square -feet in R-2 and R-3). Additionally, the restriction that an ADU can only be attached to the primary dwelling or attached to/above a detached garage has posed issues — adding the ability to build a stand-alone ADU that meets the accessory structure setbacks will provide significant flexibility over the current Ordinance. Finally, a cleanup to a conflict between the text and table — the text indicates a Class (3) where the table lists a Class (2). Since additional districts are proposed, the change is to remove indication of level of review from the text and rely on the table. 4. YMC Ch. 15.17 — Modification a. Multiple changes throughout to allow any existing use which meets the applicable criteria to go through the Modification process. Staff Analysis: These changes are proposed to allow the abbreviated Modification review process to be applicable to all previously approved uses, including Type 1. Currently, the code requires a Modification of an existing and approved Type 1 use to go through another Type 1 Review to modify the development. This is contrary the defined purpose of a Modification which means "any change or alteration to the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land. " 5. YMC Ch. 15.02.020 — Definitions and YMC § 15.04.120 — Home Occupations a. Adding definition for "Home occupation, taxicab operator" b. Adding Taxicab Operator to Table 4-2 Staff Analysis: These changes were proposed by a member of the public, and will provide sole - proprietor or family taxi businesses to be operated out of the home as a Home Occupation rather than out of a commercial establishment, which for many is cost prohibitive. 6. YMC § 15.03.020 — District and map overlay intent statements and YMC Table 4-1 — Permitted Land Uses DOC. INDEX a. Adding "light manufacturing, processing, research" to the Regional Development (RD) district intent statement. b. Adding certain uses and modifying the level of review of certain uses in the RD zone. Staff Analysis: These changes are proposed to provide for additional light manufacturing uses in the RD zoning district. This district contains several large tracts (Mill Site, Speedway) that could benefit from a greater number of potential uses above and beyond what is currently allowed in RD. 7. Various sections — Appeals a. Revised definition of "Party of Record" in YMC § 15.02.020 b. All appeal language is being consolidated to YMC Ch. 16.08. Modified sections include: i. YMC Ch. 1.43 — Hearing Examiner ii. YMC Ch. 15.16 — Appeals iii. YMC Ch. 16.08 —Appeals Staff Analysis: These changes are proposed to consolidate all Appeal procedures into one place (YMC Ch. 16.08 Appeals). Currently, there is language in YMC Ch. 1. 43, YMC Ch. 15.16, and YMC Ch. 16.08. These changes provide consistency throughout all Titles as all appeals now would be processed under YMC Ch. 16.08. This also streamlines any future text amendments related to appeals as only YMC Ch. 16.08 would need to be amended. II. YAKIMA COMPREHENSIVE PLAN 2040 The proposed text amendments are consistent with the following goals and policies of the Comprehensive Plan 2040 Goal 2.1: Establish a development pattern consistent with the community's vision. Policy 2.1.6: Adopt coordinated development regulations that facilitate Yakima's preferred land use pattern (e.g. allowed density, uses, and site provisions) • Refine the land use code on an ongoing basis to make it user-friendly by employing simple language, easy to read charts, and illustrative graphics. • Monitor and refine the land use code as needed to facilitate the preferred land use pattern and development character. • Integrate an appropriate balance of predictability and flexibility when updating development regulations that allow ease of administration and interpretation and offer optional ways of meeting requirements when possible. Policy 2.3.1(A): Accessory Dwelling Units ADU Allow for attached and detached ADU's in all residential districts provided size, design, and other provisions are included to promote compatibility with surrounding uses. Additional considerations may include: • Reduce the minimum lot size for lots qualifying for an ADU. • Allow free-standing ADU's provided lots retain useable open space and units minimize privacy impacts to adjacent properties. • Provide an owner occupancy requirement (owner must live in primary home or ADU). 3 DOCm INDEX - Policy 2.3.3(H): Allow home occupations that would not generate excessive traffic, create parking problems, or degrade the livability or appearance of the neighborhood. Policy 2.5.6(B): Cascade Mill redevelopment — Promote coordinated development that integrates a mixture of uses, and the following land use design principles • Promote and incentivize large-scale industrial park, business park, light manufacturing or other economic development that integrates with planned retail and recreation uses. Goal 5.1: Encourage diverse and affordable housing choices. Policy 5.1.6: Allow accessory dwelling units in single family zones to increase the supply of affordable housing units to help existing homeowners remain in their homes. III. ENVIRONMENTAL REVIEW SEPA This project was processed for review under the State Environmental Policy Act as a procedural action per WAC 197-11-800(19), and a Preliminary Determination of Nonsignificance was issued on July 20, 2018 (SEPA#020-18). The DNS was retained on August 10, 2018. IV. PUBLIC NOTICE Notice of Public Hearing Legal Ad Publication July 20, 2018 July 20, 2018 No written comments were submitted prior to the public hearing. V. CONCLUSIONS 1. No adverse impacts have been identified by the approval of these amendments. 2. The proposed text amendments are supported by the Yakima Comprehensive Plan 2040. VI. RECOMMENDATION The Department of Community Development recommends APPROVAL of these text amendments. 4 INDEX A-1 SUGGESTED MOTIONS: Approval: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Approval with modifications: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the City of Yakima Planning staff modify the draft language to include the changes noted in the minutes of this afternoon's public hearing, and with these changes move that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. Denial: Based on the testimony and evidence presented during this afternoon's public hearing, I move that the Planning Commission reject the proposal to include findings of fact documenting the reasons for denial, and order the proposal be forwarded to the Yakima City Council with a recommendation for denial. 61 Exhibit "A" City of Yakima Planning Division 2018 Text Amendments 1. Sign Code 15.08.045 Exemptions. The following signs are exempt from the permitting requirements of this chapter: 7. Flags. Any flags.; to the gLqrr y_ig.stand .rd s: ,a. Residential 7nnMnIdistricts are a.119wed onawwffpg.1f qj gjcj treesfrq!Itgoi.L t t+t mmmglma @1artmk two L q rm y fig flown on a sr�l,gi�Yowft , moo: ,.......r maximum fla le hi�Y Y�� �1a�If the rMXiMLJG'9'V stru Lu(@ YGel �9� C77� ��i ��14� CGy! .iCpp�G�% data fmperVi�5 C5 , 5- 1, ..w .:..._ ag. glgs mshall meet @M!i able setback standards for ace qs to L�ctLau g.: ThempxormpLur _;gig -quare foo(p „o ,ram jaq.shall be as follows: u..__ PoYgwf pYgttt_c f_20 feel: or lasso" ` NL...._. fir Ipt hf.� ts'r.d pn 2t feet to 30-feet:..5'x8'. jiL _PoYpmmr,�atpwfwkl�w rlww �fp� "x10, iv, .... g rt..a gYi io�u , fl,a pi Ursa Y e incre sed.. p rLionate to the maximurn a�oP;g lvigbt,a M.QA 15.1:x, 2. Rezone 15.23.030 Rezones—Zoning map amendments. B. Application. All rezone applications shall be filed with the planning division. The planning division shall process the application under the provisions of YMC 15.11.070 and Title 16. The application shall include the information required in YMC 15.11.020 and the signature of the owner(s) of the property. Edon„-prr'efe,g,,t. gppl,iuptions shall Wso include anon-birrodnng ggrpr gtr� a imt¢ Tpn tmafow ggr(Yuar_ fN.p�f � rt F. Develarrarnt araaarnarnk larr4nLiarumirrc? b,s oraam out famrior Ip rottgaRo any tu`inentalweffect the rsoTttt, hnt pve o,in_u se uarmafafroa tt _in the imirne diato vJci ity u c or�duldogws ufatipQgq,_Oy ,1I1p a wt h4gU bra an q[pga o tzywwdt olfy rzucn at prlcrdtft 5 p1°rap rk oy p r _u ar k1g P'foc aftL rp s tm frarthr in f 5 7d1Y 17 _tmhµrou 1s 7( 200.. 3. ADU's 15.09.045 Accessory dwelling units. B. Requirements. An accessory dwelling unit is a permitted Class 1) use, r,om,ths SFS„R j,_R: and R..3 zoning jistrict ..(agg Yl ,C X151 �t OOfb Ta l ;Wi , secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage, or be its own stand alone structure,. DOC. INDEX 6 t 4c+Arra ADU aQ al hed to the rrc'na,ty structure shall have the same building setbacks as the primary structure An ADU that„is attached to or bumjit above, a dela hed„garage or a stand alone structure shall have .. time samet�t�uta9i,ng �ftaa ks as,. ru a�co§§gry structure, 9. ADUs shall only be permitted on parcels/lots a. lIe-ClUafte 04,18, Si?#,4SiZe a',r proal l: dor a d t alis „o TaWe 5,-2. 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, or os a stand_- lone_strUCtur , each unit shall have its own sewer and water connection, with required meters. 15.04.030, Table 4-1. Permitted Land Uses SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS I GC CBD I RD M-1 M-2 Accessory Dwelling Unit (*) (See YMC 15.09.0451 2 2 1 1 4. Modification Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 15,;17.010 Purpose. 15„.17.020 Modification to permitted development and uses regulated. 15,17,,,03,0, Exemptions. 15.17,040 Review of modifications. 15.17.050 Appeals. . Prior legislation: Ords. 3106, 93-81 and 95-13. 15.17.010 Purpose. This chapter establishes provisions for the review of proposed modifications to existing or approved Qa s -( ( ogr..().. uses. .. C. INDEX L 15.17.020 Modification to permitted development and uses regulated. bl modifk;;boons f ( ifA4rWq or',e,pgrwMd Glrrs (1) UMRS or rf vek)panea t shafl bre reOowed a&-@ -GWs (1) r Rher•tha ii urudw th r�e Minor changes to existing or approved Class M(2) or (3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed below,,(�rA"riay,apply-drf3f�,��y,for Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class, (2) or (3) use or development. A. The modification will not increase residential density jhpt V9gL ergs gire an dd�o)(onWLevel cifjr vie ; B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add a drive-thru facility; and G. The modification does not include hazardous materials. 15.17.030 Exemptions. For exemptions from the review processes, see YMC 15.01.040(A), 15.17.040 Review of modifications. A. Submittals. Applications for modification shall follow the submittal requirements for Type (1) review. In addition, for aq r rd f r s ( l or (.:f a r rfcequ a ,pfqyed use or development, the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the location, size, and type of modification proposed by the applicant. B. Review. Applications for modifications may be administratively and summarily reviewed using the Type (1) review process, in addition to the following criteria: 1. Any proposed change in the site design or arrangement: IIa. Will not change or modify any special condition previously imposed under Class JlL(2) or (3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 15.05 through 15.08, except as approved under the adjustment or variance provisions. C. Decision and Notification of Decision. The planning division shall issue a written decision on the modification application using the Type (1) decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied. The division shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008). 15.17.050 Appeals. Decisions by the planning division regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. S. Taxicab Home Occupation 15.02.020 Definitions "Home occupation, taxicab operator" means the accessory,use ofmmammdwellin8 as a„n administrative office for a Taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two vehicles operated by_immediate,family members who reside in themmhome.. 15.04.120 Home Occupations Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Accountant 1 1 1 1 Table 4-2. Table of Permitted Home Occupations Zoning District SR R-1 R-2 R-3 B-1 Architect 1 1 1 1 Artist, author, arts and crafts 1 1 1 1 Attorney 1 1 1 1 Barbershop,beauty parlor www_ 2 1 2 2 2 Bed and breakfast* 1 2 1 1 Business administration 1 1 1 1 Kabinet, mill work,, carpentry work 2 2 Catering service 2 2 2 2 2 Ceramics and sculpting 2 2r 2 Composer 1 W1 1 Day care, family home* 1 1 1 1 1 Dentist 1 2 2 2 Dog grooming 2 3 3 3 3 Dressmaker, seamstress, tailor 11 1 1 Engineer 1 1 1 1 Food preparation* i, 1 2 1 1 1 Home contractor* 1 1 1 2 1 Home instruction* 1-5 students 1 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 1 1 1 Locksmith 1 2 2 1 1 Photographer (not including productions studio) 1 2 2 2 Physician 1 2 2 2 Table 4-2. Table of Permitted Home Occupations 6. Regional Development Zoning District 15.03.0 20 District and map o Zoning District 7SR R-1 R-2 R-3 B-1 Product assemblage" 1 2 2 2 1 Massage therapy/spa" 1 1 1 1 1 Music teacher 1 1 1 1 Production of small articles by hand without the use of automated or production line 1 2 2 2 equipment Radio, television and small appliance repair 2 1 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service" 1 1 1 1 Small engine repair 2 7axucab...Qpe ft��,(" 1 .1. 1.. 2 1. Wedding service 2 2 2 1 2 1 2 Unclassified home occupation See YMC 15.0.120(G) NOTES: " Refers to definition in YMC Chapter 15.02 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner Required X = Not Permitted 6. Regional Development Zoning District 15.03.0 20 District and map o M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, igbt rj) � of tli irtg og��s�a qw q tfC ,_and large multiple mixed uses. This district is characterized by very intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. Table 4-1. Permitted Land Uses SR R-1 R-2 I R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 AGRICULTURAL (COMMERCIAL) Agriculture, Horticulture, General Fanning 1 1 1 1 (not feedlots or stockyards) (*) I Agricultural Building (*) 1 1 l l Agricultural Chemical Sales/Storage l 1 1 Agricultural Market Agricultural Stand Agricultural Related Industries (*) 2 ] 1 l Animal Husbandry (See YMC 15.09,070) (*) 1 2 1 1 Concentrated Feeding Operation (*) 3 Floriculture, Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 1 1 Marijuana Production (**) l 1 Winery and Brewery—Basic (*) 3 3 1 2 Resort/Destination w/on-site agricultural 2 3 3 3 3 3 3 production (*) Resort/Destination (*) 2 3 3 1 1 1 3 Retail (*) 1 l 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 1 2 Amusement Park (Permanent) (*) 3 3 3 1 3 Bowling Alleys 2 2 2 l 1 2 3 Campground (*) 3 2 Children's Outdoor Recreation Center* 2 2 (More than 500 ft. from abutting residential and not containing a go-cart track) Children's Ouldwir Recreation Center* 3 2 (Less than 500 ft, (torn abutting residential) and/or containing a go-cart track) Drive -In Theatres 3 2 2 2 IINDEX —1 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Exercise Facilities 2 1 1 l 1 2 1 1 1 2 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic 3 2 1 2 2 2 Game Rooms (*) Golf Courses, Clubhouses, Golf Driving 3 3 3 3 2 Ranges Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres, Auditoriums, Exhibition 3 1 1 1 1 Halls Parks (*) 2 2 2 2 2 2 2 2 2 2 2 1 2 2 Roller Skating or Ice Skating Rink 2 2 1 1 2 Sports Facility (indoor) 2 2 1 2 1 2 Social Card Rooms (See YMC 15.09,090) 3 3 3 3 State Fair Park (See YMC 15.04,200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with 3 2 2 2 1 1 1 2 2 Cemetery/Crematorium Churches, Synagogues, and Temples (*) 2 2 2 2 2 2 2 2 1 1 2 2 Community Center (*) Meeting Halls, 2 2 2 2 2 2 2 2 2 1 1 2 Fraternal Organizations Community Gardens(*) (if accessory to an 1 1 1 1 1 1 1 1 l 1 1 1 l 1 1 approved principal use) (See YMC 15.04.060(G)) Community Gardens (*) (with planting area 1 1 i l 1 1 1 I 1 1 I 1 of one-quarter acre or less) Community Gardwis (*') (with planting area 2 2 2 2 2 2 2 2 2 1 1 2 2 Of more lltan one-quarter and up to one-half acre) Community Gardens (*) (with planting area 2 2 2 2 2 2 2 2 2 2 2 2 of more than one-half acre up to one acre) Day Care Facilities (not home occupation); 1 2 2 2 2 1 2 2 2 1 _r 1 1 Family In -Home (*) I I I Day Care Center(*) 2 2 2 2 1 1 2 1 1 1 1 2 1 Public Facility (*) 3 F 3 3 2 2 2 2 1 1 1 1 1 1 Hospital (*) Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 1 1 1 1 1 1 Museums, Art Galleries 3 3 2 1 2 1 1 1 1 1 1 1 Schools Elementary and Middle 3 3 3 3 3 3 1 1 3 IINDEX —1 DOC. INDEX m SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Senior High School 3 3 3 3 3 3 3 3 Business Schools (*) 3 3 3 3 3 3 2 2 1 1 l 2 2 Community College/University—Inside (See YMC Chapter 15.31) Institutional Overlay Community College/University—Outside 3 3 3 3 3 2 2 2 2 3 2 3 22 Institutional Overlay Vocational Schools (*) 3 3 3 3 3 2 2 2 1 1 l 2 3 Wastewater Sprayfield (*) 3 3 3 Zoo (*) 3 3 j 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family 1 1 1 1 l i 1 1 Home (*) Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3 Rehabilitation Boarding House (*) 3 3 3 3 3 l 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent 3 2 2 2 3 3 and Nursing Homes (*) Mission (*) (with Type (3) review, and 2 2 2 development agreement—see definition) MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 2 1 1 Apparel and Accessories 3 2 2 l 1 Bakery Products (wholesale) 2 2 2 2 2 1 l Beverage Industry (*) 2 2 2 1 l Canning, Preserving and Packaging Fruits, 32 l l Vegetables, and Other Foods Cement and Concrete Plants 3 1 Chemical's (Industrial Agricultural, Wood, 3 1 etc.) Concrete, Gypsum and Plaster Products 2 1 l Confectionery and Related Products 2 2 2 l l 2 1 1 (wholesale) Cutlery, Hand Tools and General Hardware l 3 l 1 Drugs 1 2 2 1 l Electrical Transmission and Distribution l 2 3 1 l Equipment Electronic Components and Accessories and 1 2 2 3 l 1 Product Assembly DOC. INDEX m D INDEX P -1 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Engineering, Medical, Optical, Dental, 1 2 1 1 Scientific Instruments and Product Assembly Fabricated Structural Metal Products 2 3 3 1 1 Food Processing 2 3 1 1 Furniture 2 3 2 1 l Glass, Pottery, and Related Products and 2 2 2 l 1 Assembly Grain Mill Products 3 1 I Heating Apparatus Wood Stoves 1 1 Leather Products 3 1 l 1 Leather Tanning and Finishing d l 1 Machinery and Equipment l 2 1 1 Marijuana Processing (**) I l Marijuana Research (**) l l Meat, Poultry and Dairy Products 1 1 Paints, Varnishes, Lacquers, Enamels and 3 l Allied Products Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 l 1 Prefabricated Structural Wood Products and i 1 l Containers Printing, Publishing and Binding 1 3 2 1 l Printing Trade (service industries) 2 2 2 1 1 2 l Recycling Processing Center (*) 3 1 Rendering Plants, Slaughter Houses 3 Rubber Products i 2 1 Sign Manufacturing and Product Assembly 2 1 1 1 l Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products (includes finishing of 2 1 2 2 3 l 1 monuments for retail sale) Transportation Equipment, Including 2 1 1 Trailers and Campers Woodworking: Cabinets, Shelves, etc 3 l 2 2 i l MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, Rock 3 3 1 Crushing D INDEX P -1 DOC. INDEX SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC ASGC CBD RD M-1 M-2 Mining Including Sand and Gravel Pits (*) 3 3 3 Stockpiling of Earthen Materials (*) 2 2 2 2 l 1 1 1 l 1 l l 1 1 Off -Site Hazardous Waste Treatment and 3 3 Storage Facilities (*) RESIDENTIAL Accessory Uses (*) See YMC 15 04,060 Detached Single -Family Dwelling (*) i i l 1 3 _7T 17 3 3 3 3 Accessory Dwelling Unit (*) (See YMC 2 2 15.09.045 Existing or New Detached Single -Family l 1 1 Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single -Family Dwelling (zero lot 2 2 2 2 3 3 l 3 3 3 3 line) (*) (See YMC 1509.040) Attached Single -Family Dwelling, Common 2 2 1 1 3 3 1 2 2 2 2 Wall (*) Two -Family Dwelling (Duplex) (*) 3 3 1 1 2 2 1 2 2 2 2 Converted Dwelling (*) 3 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling (*): 0-7 DU/NRA 2 1 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+ DU/NRA 3 l 2 2 2 2 1 1 2 2 2 Mixed -Use Building 1 1 1 l i 1 l Planned Development (*) See YMC 15,28 Mobile Home Parks (*) 2 2 2 Mobile Home (*) or Manufactured Homes (*) See YMC 15.04160 Retirement Homes (*) 2 3 l 3 '', 1 1 Temporary Hardship Units (See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) RETAIL TRADE, AND SERVICE Adult Business Uses See YMC 15 09,200 Animal Clinic/Hospital/Veterinarian (*) 3 2 2 2 l 2 l l l Auction House for Goods (*) 3 2 2 2 1 1 2 1 1 Auction House for Livestock (*) 3 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 l 1 3 l 1 Weekend Automobile and Recreational ll l i Vehicle (RV) Sales Automotive: Car Wash/Detailing 2 1 1 l 1 1 :2:H DOC. INDEX SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M -t M-2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops 2 1 1 2 1 2 1 2 Paint and Body Repair Shops 2 2 1 1 1 2 Parts and Accessories (tires, batteries, etc) 2 1 1 1 1 2 1 2 Towing Services l 3 1 1 Wrecking and Dismantling Yard (*) and 3 1 Hulk Haulers (*) Bail Bonds Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Bed and Breakfast Inn (*) 2 2 2 2 2 2 1 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop l i l 1 2 2 l Commercial Services(*) LL LI 2 1 l l l 1 2 Communication Towers (*) (See YMC Chapter 15.29) Convenience Store—Closed 10;00 p,m, to 1 2 1 1 1 1 1 1 2 600 a,m. Convenience Store—Open 10:00 p,rn to 2 2 2 1 1 2 1 2 6:00 a.m. Pet Day Care/Animal Training (*) 2 1 1 1 2 1 1 2 Fann and Implements, Tools and Heavy 1 2 3 1 1 Construction Equipment Farm Supplies 2 2 1 1 2 1 Financial Institutions 1 1 1 1 1 1 l 1 Fuel Oil and Coal Distributors1 2 1 1 Furniture, Home Furnishings, Appliances l 1 1 1 1 1 1 General Hardware, Garden Equipment, and 2 1 1 1 1 1 1 1 1 Supplies General Retail Sales 12,000 sq, ftor less 2 1 1 l 1 1 1 1 3 (not otherwise regulated)(*) General Retail Sales greater than 12,000 sq 2 1 1 1 1 1 1 3 ft. (not otherwise regulated) (*) Heating and Plumbing and Electrical 2 2 1 1 1 1 1 Equipment Stores Heavy Equipment Storage, Maintenance and l l l Repair Kennels (*) 2 2 2 Laundries, Laundromats and Dry Cleaning 2 2 1 1 1 1 2 1 Plants Liquor Stores 2 2 1 1 1 I Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 DOC. INDEX I SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Lumber Yards 2 1 l 1 1 Marijuana Retail (**) 1 1 1 l 1 1 Massage Therapy/Spa i 1 1 1 1 1 l Mobile Vendor See YMC Ch, 5,57 Motels and Hotels 2 1 1 l 1 1 Night Clubs/Dance Establishments 2 l l l 1 1 l Nursery (*) 2 1 l 1 1 l 1 1 Offices and Clinics 3 l 1 1 1 1 l 1 1 1 2 Office Contractor Building and Trade 3 1 1 1 1 1 1 l l 1 (Plumbing, Heating, Electrical, and Painting) Outdoor Advertising (Billboards) See YMC 15 08,130 Pawn Broker 2 l l l 2 1 Radio/TV Studio 3 2 2 1 l 1 1 2 Recycling Drop -Off Center (*) 1 2 2 1 l 1 1 Rental: Auto, Truck, Trailer, Fleet Leasing 3 2 1 2 l 2 2 1 2 Services with Storage Rental: Heavy Equipment (except l i automotive) with Storage Rental: Heavy Equipment (except 1 2 3 2 automotive) without Storage Repairs: Small Appliances, TVs, Business 1 2 1 1 1 l 2 1 1 Machines, Watches, etc. Repairs: Reupholstery and Fumiture Repairs: Smalt Engine and Garden 2 2 2 9 l 1 2 l Equipment Restaurant (*) 2 1 1 1 1 l l 1 l Seamstress, Tailor l l 1 1 Service Station (*) Closed Between 10:00 2 l 1 l 1 1 1 l p.m. and 6:00 a.m. (*) Service Station(*) Open Between 10 00 3 2 2 l 1 2 1 2 p.m. and 6:00 a.m,(*) Shooting Ranges (indoor) 3 3 3 3 1 Signs, Printed, Painted or Carved 2 2 1 l 2 1 1 Tavems (*) and Bars 1 2 1 1 1 1 1 1 l Technical Equipment Sales (*) 2 l 2 1 1 1 1 1 1 l Truck Service Stations and Shops 3 2 1 1 Truck (Large), Manufactured Home and 1 3 l Travel Trailer Sales Waste Material Processing and Junk 3 1 Handling (*) DOC. INDEX I SR R -I R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 TRANSPORTATION Bus Terminals 1 1 l 1 1 I Bus Storage and Maintenance Facilities 1 i Transportation Brokerage (*) Offices, with 2 2 1 l Truck Parking Contract Truck Hauling, Rental of Trucks l 1 l with Drivers Air, Rail, Truck Terminals (for short-term 1 2 l 1 storage, office, etc,) Railroad Switch Yards, Maintenance and l h Repair Facilities, etc, I Taxicab Terminals, Maintenance and 3 3 l Dispatching Centers, etc, Airport Landing Field 1 Airport Operations UTILITIES Power Generating Facilities 3 2 l Utility Services (substations, etc) 3 3±3 3 3 3 3 3 3 1 l WHOLESALE TRADE—STORAGE Warehouses (*) 3 1 2 2 1 1 Wholesale Trade (*) 2 l l 2 1 l l Storage Facilities, Bulk (*) 1 2 l 1 Storage Facilities Commercial (*) 3 l 2 3 1 1 Residential Mini -Storage (*) 3 3 1 2 3 1 1 * Refers to a definition in YMC Chapter 15 02 ** See YMC 15,09,220 for general development requirements for marijuana uses, = Not Permitted 1 =Class(]) Permitted Use 2 =Class (2) Requires an Administrative Review by the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner DOC. INDEX 7. Appeals 15.02.020 Definitions rTggy of coEd-ne ak tto tii „io �_d ntifi d by the records avail blefrr�m them Yaki. amm ount eO ssessor ofricea,.Jj thy; leo b' owner of the sub iectrc.prcape t _int ate)' pgfsoln whotestified at�the ppg appligabo,a:ndlnr_( ).an _person who, submitted written comments buri(tMOLI trafive review wijbin the fgguired timeframe) or has submitted written „mcommentsconcernin mthemmapplication at the o rer;r,.piAbli !"~Near cl i rs_IT_ „ v w nl iww wwwwwwiiwns rwwfom r___ letters). Chapter 1.43 HEARING EXAMINER Sections: 1.43.010 Office established. 1.43.020 Appointment. 1.43.030 Qualifications. 1.43.040 Removal. 1.43.050 Standards of conduct. 1.43.060 Rules. 1.43.070 Time computation. 1.43.080 Duties and powers. 1.43.090 Applications. 1.43.100 Master applications. 1.43.110 Report of department. 1.43.120 Examiner's decision. 1.43.130 Notice of examiner's decision. 1.43.140 Appeal from examiner's decision. 1.43.150 Effect of appeal. 1.43.160 Council action on appeals. 1.43.170 Appeal of decisions made by council. 1.43.180 Annual report. 1.43.010 Office established. There is established an office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term "examiner" as used herein shall include deputy examiners and examiners pro tem. (Ord. 2948 § 1 (part), 1986). 1.43.020 Appointment. The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation of the joint hearing examiner committee created by and pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services" entered into by and between the city of Yakima and Yakima County, Washington. Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tem to serve in the event of absence or inability to act of the examiner and deputy examiners. (Ord. 2948 § 1 (part), 1986). 1.43.030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the city of Yakima or the county of Yakima. (Ord. 2948 § 1 (part), 1986). 1.43.040 Removal. An examiner may be removed from office for cause by a majority vote of the city council after consideration of a recommendation as to removal or nonremoval from the joint hearing examiner committee. (Ord. 2948 § 1 (part), 1986). 1.43.050 Standards of conduct. (a) No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, shall this section prohibit rendering of legal services to the examiner or to the council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto. (Ord. 2948 § 1 (part), 1986). 1.43.060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCW 36.70.970. (Ord. 2948 § 1 (part), 1986). 1.43.070 Time computation. In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2948 § 1 (part), 1986). 1.43.080 Duties and powers. The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to the following land use matters: A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations to the city council; C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of t4i& 4,, a1 t arTitle 16 of the YakimawwMunicipal Codwe; D. Plat vacations or amendments pursuant to RCW Chapter 58.11, 58.12, or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions of V4i8-43hR, t -Title 16 of the Yakima Municipal Code; E. Pedestrian skybridge applications in the manner set forth in YMC 11.65.040(F) and pedestrian skybridge permit violations as set out in YMC 11.65.070; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21 C, State Environmental Policy Act (SEPA), and Chapter 6.88 YMC at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official; G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of- way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the city council. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. (Ord. 2016-028 § 2, 2016; Ord. 2013-033 § 1 (Exh. A), 2013: Ord. 93-91 § 1, 1993: Ord. 3257 § 1, 1990: Ord. 3224 § 1, 1989: Ord. 2948 § 1 (part), 1986). 1.43.090 Applications. Applications for permits or approvals subject to review by the examiner shall be made to the city department of community and economic development (hereinafter referred to as the "department"). The department shall accept such applications only if applicable filing requirements are met. The department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. (Ord. 2948 § 1 (part), 1986). 1.43.100 Master applications, Any persons proposing a development or project which requires more than one of the permits or approvals listed in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject to the longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute a recommendation to the legislative body, the decision of the examiner to all such permits shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this chapter, Title 15 and Title 16 YMC. (Ord. 2948 § 1 (part), 1986). 1.43.110 Report of department. Where no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. (Ord. 2948 § 1 (part), 1986). 1.43.120 Examiner's decision. Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43. 100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to YMC 1.43.140. The examiner's decisions together with his findings, conclusions, and record of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body (Ord. 2948 § 1 (part), 1986). 1.43.130 Notice of examiner's decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner. 1=fir pgrpees of this gnats,""Irf Ngr"" crueans()iwatligaut(� tide pq arttax P2. L( -( r the g�t-app .y as,p sr�tifi .there qr avanl b: re from the Yakima Cognty assessor's oft'i eLQ1 the 1p @I owner sgbjw l��ope ; 4� �,p r sn rhgmtestttd at tW�e pcor ub H earin crr l oma la atfan and/or , an arson who submatted written comments during administrative review within the re wired ti efram .gf has submitted written coram nt oncewrnir_�h a�lip tion of the on r�sp� ! pu Nac h r r�a� exclu wL , emons who k v aw�ly s we _pgt tuonLr form Cettsr )�,, ha a �aghef..ara ttt wr tt n o� r ar t o �r y.. t o° r r proaose tw.a p o w - t a. to v t t o- rdstrr prvate� tor�trt-urtre of i-��w..�rgrµrnet+rig (Ord. 2948 § 1 (part), 1986). 1.43.140 Appeal from examiner's decision. f p .ggls from the hqgria amkn r's de inion shall use the aroc,lures oqMf1qd en Chapter 16.08 YMC. Except- xc t a to.,tr r V.. as...,pr"mrvid ira ..ot..Yaktma Mr�n�otpai ���arte„ Chaf�t�r..:lµ... a trnakdeo�sto�at the artr�°�w�r�av ta�:.apue�,alr�t� tyre c��mr�molt by-anyj)eF en a99autev �,l .or tay,. �uv rffmoer, tepartr emit„ bollard -„Wer bureau,...of tJ e -,My -affected -)y the rxanu+rme�..dar�ota, in t6m�e taftawmnq,rraw: INDEX pp �1-1 °#-wd iidhp.rp�: ft�nur��..pmo�ccudt�� d~..,.��� ��°����aa-u��.�a�•����a�uudw,m�-�+ d:���e�d-�.m��'o-��...���u.�o�=� Irv. •.... 1.: a k;e,4A ,��-� r7�����suo�....o:� �,������.��=..st�std..spuµ�a�i�dU•~t���M �d��� �,��`��,=o-�-dor-�,��.���, &���� ��i..� •,.��o-�u�,�.,t ��u�f���d r�� . w ���������.�µ..0 a��u�:�r�a�� � ��"���aarKKr�d��u� �-�n,��1�����`�� ��.�tsr��st~ste ��..t�.��"�o-��-o����o��=��dC'�u�"�-�`-��e�°�-�o a�~ �w�w�d•-u�=�� .�W��� rs �����;���mu-...�"����o-oz'y�"�uo-�..����,..���ul�•�� ��•�uw�.,.d�.r�:��=�;�~.,� �����c�..��� �-d��d..�����=��uo-t trnsl�mdemmtd� ��������amru.•.�t:..u�ewmrvurdeMe ou��t.sd`���i �,_.f�mussert u��...�o-�����-�.� ���t-,��o�u��...to (d) The-oppettant..oa.. ap --g rt a 0 te Ne- wi— en-. rguf-,nen w or o utd ou uto-e ,.,ur to- a etd r... ,fir o- ' ec d'eW3ePk4&40Row6:.,. P,,* -app lm l t4 u u rd roa „ ur rld o me oo t r Gausegfant,-wiftUt a g irr"uermt er m. eu"� eranda u,� � st t r r t r itto d f rovd wd d ,tt�st..t,d,°° re r�bst tr r � tou c� � s u d o- o the —6ty whu���tr•w�� roast:.���ot:��.�4er��o-er�..� - . c�dd- • od�� o��•..do�Ft�r� d��d�� rt�:�s�t�r�'rd.,, �• � rer d u wuutt ... o -c nt of oGfft idencr �,aa t..o �t' .d d o rude td e ,. li r. (e)-Wber,ea40- Iy,-,opp ti....has— �- ��or� ��� -tta �t dda���u-t'��r� ,u��t o w�ttto�u ���� rr rm lr exarni,ne ...m teoj a ,...the-evddenr; a before .t8_axmr d r,. rmd rr tter �r r r �r •t � u u rr r dr •a � ro-t�� tt d h ve dee; rootv�a1'.t�rd� u��9•�%-��•�_1.., t�t~t•tn t.u�t:...�t��g�ttt..�,._t_(p)� t�tff'�;d. 1.43.150 Effect of appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948 § 1 (part), 1986). asJ-the examifiers de66qo-4ias,b eo-4n- : ~ism -J t t_to_ he_-(A,)anra L, the Oer -gid, the Gound,d sd�r tl s��twert�.�d o t to d'��u° � cul dur�...u��eetn�a ..try td�o oorara�o� wtaa��tb tir e the coanoil sh,a oensider the appeal 17he date-ot h pubho..r�� tw r t ..,dr s t dkowdr g tdmo oto td�... rmoil receives -the inform-afior -fromthe deportment. ' A- #'I 4 f 141 r to-apprn , () .. telt& VJGWS. W =t10 cot; I ICW may- vises Ih p te:: fir o idWJ7 ... 986)7 1.43;1.. .. s a y.coun,6h h*Uoi:4-(4 th ( ,,MCH or i t r eGiSk)A of "the, e p nfw.�...���u I FffpaFi any-veFbafim- Gf-t1"* l os, ot..re r try tt ..s4tt r'lor ata -I-, 421948.§..q...( rt)T4986);, 1.43.180 Annual report. The examiner shall report in writing to and meet with the city planning commission and city council at least annually, if requested, for the purpose of reviewing the administration of the city's land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior report. (Ord. 2010-22 § 2, 2010: Ord. 2948 § 1 (part), 1986). "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or (5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). Chapter 15.16 APPEALS Sections: 1 5, 16 0 0 5 _j\_pp�jqLq ---FJt,wpGse- 145-44,0445 —Genflirof M& 4 44 ,61 1h*,i4e@j6,la#ve-bCA,,V-- 444-6,080 EfN a--Gf -appeals, zip, pealaWe- z L�q procedures to aact undgLL ille 14 Title 15. Tittqm be found in YMC 16.08. 461-1-&414 Pu-rf>Qs0-. 4*--P+1rP0,S(4-rjf tt,,rjs-o4apter,-4s, to -establish s-oiade-under nO& Qrd47+1 In Gr-the'-provisjon's. of -1,418 shall -be -filed pmvide4he, f-eqaired - all A, AV a,pp(.)afs appeal -of-, IPA determ, be &E4,?A-,-,Ghapter v rprGvkW-4; Writ vd-hew#*�P apfx4al erwjfmimefital Per ,,i -it DOC. INDEX A-1 FmI mrmigstrative.and reOe �(Exfn k 4gr..rm� uar rmmarr,...i rra'ur�gdlq rra.�m. mar��r9 °E°q�ror,..dq°°tirq°q.r q°awur�n r qrr.... Nwa ..admr q qon-ofeit'�ll the, -befig--appealed,.-thoeF ()f4EZ U e(-S�, to..t 4� ki rd, -a ncl - taisi.why, :t 41 cAion q m t..oc° ns,rst ri-t w r h - the Y rlk,g ma- urban a mr GM J.1 Ffwb n -s a :-. C..)q rap -phi IaOeT..o F m thei provJ sq �r of, -fir ; q q~,.-.... _%(i) ,° ,..d r r q :qur r r �q a r.. r r ... r q am pea�-� 2,---.m. roper - n, of ReGwd qe- ft rnt, r�:m�r rdm�prmarrruud �rrrd i( ddr G ...... Action - -the-44eiming-, y r , r..� iefiorr a ,a rqq µ r r d r.. a orf rrrr.. ..rw a ra m„ k m by, tdre arm-� „ r: m ma.. r w� rm m m a.orw: etesnjnw,rfm rr....and-to 4hat-rim-1-sha d 4ar . 1d td tao.r..:.d. n °, i -m mmr- a q� r r r q r r d... q r� r mr r m r rrmir rm" ...m m r .. d e r m dd4 rrmm „ t'he q r s°ter r m ing, r rrrr .,. hafl- 13,08-0, 0- fixh,. 16A 6,060 -Appeal -of A ......... Apfm14,-The-W-14,36s afjeFlGY-Gf,dl&-Guty ,--aff.ENvAed-by taw 6,,dQG,jF,4Gwl 41 t1le 4,C) Now r4er"', 2-1"he-rieke ofappeakshafl- spe4*y body aal-, -T 4Negal wgtonent, Naliciax of divisk),raw sballnotify,the-pates,of eco, and X —Gantent of Wtioe Gf F74*1 th'a fcAlowing -Statememt&, All paffioat" fer"-d-,WiShinq-10- FeSpGr+d--W lhev�- peal- M.- ay W,giS,[afive-body- Mth4,144fty�-days -writte -a 4-9 m-- mi, , fq�o*wt,,it Of-WitteR AFgWFTl(-.At Of- W.)MGr-candufri-7 al The cappea4ant -wany party-43if re,4,,,ql*may file-w4h. thc-division- a writte,;v4w- ,grp : u ol"r appea�-. submtat -period-for s4,wb',wiSSiGll-O, t,,QTi)j wr[tten-ar-g iunenland-www,morandurn; the prqvided, -a V teeq,-4-day rebutkat , pefio d- (staFt ing-on- the-th 4 ty-fif-sAd ay -lemon the da t� o- if and Memoif-,,widulm, �X-due. 2, islabve- b(*-,- muay-W�.Wt fuirthef -extefmions-cm-a- flodir4g4)y--the-leg isla4ve, bedy-of-the -existenGe D11 oc INDEX the -9877--,QFd, 294 k) all dto braf¢ f lea l a laV 1 , l.a-IGlaaa a r4y-pre1 �� �' ll � 1 ,w � i 1pes 111...1��;•�1w,1:��:a.���:.;��=��-����1.���-���.�1'�.�,�w�ir:-�"�'�� � M-�'���~a���1 ������� aminefm -'id-te -any .,Aeged ..... fa n..on- pp t th e, pub Ii -Ili kig adbpt - endc and opts s:pa�a aa�ama 'a...a.a° lura, a:aaaaalaa�...a�ll�aaaaanl„aem.r a....th a rpese f -t along-. ri-Gonsiderirq Ilaw hies a �aa�r.lga 91,aPa.. 111 aaaa,.ii�aaaa aaa lama. aca a+'l4r,il : (Ord, 20..141 '9 20 -l -&-Ord, - 08- 6 §-1- (piml),-20W. 4)r , 1,670- 60), lm.and xx-a4ui mfn—#'i date, -a - na1' a t uns- n- pro api t -W1 )1 ufpo, si - ee va ew 04he acti n takenl:; t e ���m�V-a�-V;�,-�������e��•-e��, �&�.�����n ����r..�ce�� �a ���uw- w�e������a� ���...e��V,. ,11 Ping o a apPeal, -aa-Po (.'Un e�����e���� ��VV�-V���e��-�V�� ���.,.n���•��������V��������� °�e;���e���V�� �.� m ����� �:..��w°e�V:. mA-a- es ti deeisions,of -a o i V sin or othew .....„u������w�������-,��..._V"°�������.�°�� a�Va�-���..�����V����-�•�������������•����sVVe�yc���� appeal Chapter 16.08 APPEALS Sections: 1 06.IT005m caHity k 16.08.010 Consolidated appeals. 1&08V2aN� _,Atere filed, 16.08.014 m „Burden of proof. 16.08.015 Definitions 16.08,0'18 ._m ;tapgal_of administrative official's decision 16.08.020 Open record appeals subject to review by hearing examiner, 16A0,025 Afapeal of the fe ar, � exI men`s decision 16.08.030 Closed record appeal subject to review by the city council. 16.08.040 Judicial appeals. .1&0&050 Effect oaf ap ,o 'Is. 16.0 .0.6.0.......... Actions notw,appe l l v 16.08.006 Purpose and A lica! ijlLty, The pl .(p mm f l w h pm a �s to establush„ 1 epLqcedureswf fapp 1G ,a q i ns wands under a.. ,LgyIgion of 1i atj 14, Title 15 Title �gnq Chapter 6&.f tau Y in Mu!2!cwpal p c duras may also used' for any nth r maatt r where therei r'l.aJ�� 6'�...��pu�r q!1i end date a ura f c h a V o npeo:t oukNin glsewh re ars this Code. 16.08.010 Consolidated appeals. A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application. B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement (EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66 § 1 (part), 1998). .i ►; Q.88 • r • • • • 4. The findin conclusions or decisi ared bv the decision -maker are not �ubstantjal evidence. 16.08.015 Definitions. Unless the it, !PfinNnrjs in t1 ! i, � i Ali ! � �w i� • „� i • ROD! • • • Al i s • • ! ! AI • �"". Oro ! • � •� ! � ;• ! � ! ! ! • ♦ ! •, l'!I OrIME! !• • ;ARKMAIIIIJIMI !•W&ROMMMS! ! ! IRK MY of ! cision of _ppt.tj�qt,_q,ecisiqn to the hg�n( examiner. !a Appeal. Alwl appeals shall be filed within fourteen Opy ollowmc the mai in oc f the final ecAswNon tNW e adniiinistrative official ordesignee ans hall„ be filed with the division. If a . _ .__ final decision does not reo.Ia�re, m fllin.rN�the..appe 1 sfi�all be filed wxt� IITr� fourtne days to lo the issuance of the final decision. ,, oMeaNs Shall Be.in Writing N'A appeals shmall be in wrrtingrrfnnrus orc��rade .by.the. caoart an a_n sk aNl be aocora ,panged..b tie re oi.re f �s ..pfcvlded, caths .g _gsfl f� esm should not be barged to.th I is[gtive body ora division of the city, All ,waa eo.sN�a al l egLffirc11 the action bein_gw appealed the errors or �ssoef s to be considered and ex Iainyv the action is not consistent with therovisions of the Yakima urban area cormloreera uye.plan this rme,ITor otl rim p jqvisions of law.mmmAap amismmshall alsoincludea „sworn statement that the aopoiler�t has read the appeal and believes the contents to be true, followed by the appellant's„semnature D. Notice. The division shall: 1. Seta reasonable time ��place for hearing of the a„ppeal; and 2. Provide a notice of appeal andpublic heari t0 the officialwhosedecision is being_pppeale C anq..nau ies entitled to notice of the decratgL0, anclu din pq ta,ruc orf proa,tgy and, ubLmhinc the not e at least tenor .a. digiirto E. TransferofRecord. The officer from ”whom -the a ea. is.bej[1q..!g1�gL shall' forthwith transmit to the earinr examiner all the records p riainwn to the decision incap le together with such madditional written Lepwort as he or shedeems pertinent. F Staff [L A staff report shall prepared and transmitted to the hearingexaminer lin with the record in accordance withth s chapter; G. Action bv the Hearina Examiner, Testimony_given during the ap egIT.ITshall be limited to those points cited in the appeal application. The hearing exammminer shall render a written decisionon the appea.l._wlthNmn tern vomr Nr dais frorn, . e onclu�sion o thewhwear�w g wunllesp prarsoer._perto is utrlai' .agroed Local y tl ewportre tq_tfqq_gppgql_and the ,.examiner, ._ the hearing examiner May s,ffwrrr7�.orr verse, helNy r..in part r Mod,i y th orter,, rgq,uicenLen,t decision or deteri Oation a dtothatend shalih ve all1he powersmoeef the officer from�whorn thy” appeal was mta e The division „shall send copies of the hearing examiner's decision to the appelmlant, throe pastimes roof recordan ..the official whose decision was a.ppea6e not_tster,tN an three w o,r ing days �..... followin the isSUancewofwwthe final ..decision. H. Decisions b tl e Hearin xar Diner ShaNl be final t ntle s Aagile .__Except as otherwise preside N teci wa rrb L N earth _p min r shallmmbe finaland a�rties unless appealed to themmlegisltiv bodyµ urunt to this cha ter. 16.08.020 Open record appeals subject to review by hearing examiner. A. The hearing examiner shall hear appeals de novo. An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be canceled and rescheduled by the planning division with appropriate public notice given in accordance with this title. B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision, including posting of property and published notice. C. A staff report shall be prepared, file transmitted to the examiner, and hearing conducted in the manner described in the appropriate ordinance subject of the appeal and Washington State law. The hearing examiner shall have ten working days to issue a decision on the appeal. All decisions of the hearing examiner are subject to appeal to the city council. D. The applicant or property owner shall remove all land use action signs from the subject property within thirty days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the city of Yakima planning division. (Ord. 2016-030 § 15, 2016: Ord. 98-66 § 1 (part), 1998). 16.08.026 Anpeal of the hearin examiner's decision. WAppeaj . tde decision otml em�uearin examiner shall be final and conclusive unless app qaiedtothetegisiatt e_loody .y.a.oeqonpgur,e e—d. 4 ,_ oL tec rd far y -,arty aoenn ofi ft city aftertedmb.Ne.e.at.rr?exemtnor's decsaort in the tcra,Mow,lr, manner: ..�. .:..........___The apaaling ork mist file a ootoNewrittn notice of apeal..with the division goon forms prescrlhed byy the dgpp entmmand acco pan.led by the appeal fee within fourteen des from the dateof maifiria1 ct the wenrrrroewaminer s tlnaN decision, 2. ,.The notice mfppal shall self the claimed errorsand issue that the Iegjsl!afve body is asked oc nsider_on,, .00eat qnd shell o afA,csiily hate all gfnu�nds for suchmappeeN:._ gssoes or rounds of appeal that are nq!suogntified need not ITITIT ,omnidefed..-by the leoiislative body. 3............._m ........... .. i �, pp q a sworn statement that thea ell nt has read The notice o a eat shall pnc a e�mm the ap,�aeal and bel~leges the contents to tLg true folly thea Nl nt° si. nature. _..... ............ 4. _._ The. city council shall he r IT_pp als of all decisions of the hearing examiner durLng q_pubfic meetin, or, a limited- earinp fgLLe eip of r N tlegal a giurrtent„...urlPens o cN uud�e by law. B. A „pe, ,l„mProc ures— ot%cewwwof Appeal. m. 1........_...... Notice of Filed App The lannin� division shall notify the parties of record„ rrd.appellant, that n app 'has been filed mand.that copie ,of the r�ot(pp ole a ce Nw rlq ars wrltt n roaarr ent or mentor ndumuof„authorities accorr artvrrlg the notice of ape I gLpy OgLqta(qed from hedivision Z Content µof Notice of Filedµ „p al. The notice top rkie of rem ord dITIT pp llaw t E shall contain f.lr following s aterrter is ... IAITpa tte r arw tedµ inwwtlreoJ all of the hearing exarniner's decision wr dltn9 to..res pon towthe ap a alWrna rout a �vcwi erg argumpem_It or memorandum to the geolskat�+� od ..within, thirtw� ayes ��o� µthe date that the notice is marded and any written arrAime t,or memorandum shall not include.the,prpsqrItgtioq .o newwwevwidence and shall be basd_on uponITthe facts prsentedwwtowwthew examiner. nµµµ_C. � Mem ora„ndum.. Submittal of Written Ar ument or Mem ...._.......__..._...__ 1. The named p rtie arar t warlt towwthe h arin q miners decision s reo- °.may f retA rd ma y.filme witj:ti_the division a written a:rq �,r�ignt or r ern ran a ofmauuthority within thJrty da of he„da e �alwrnailirlgptthe nootice of a,filed a.t?l?e r.[,. 2. _Rebuttal to Written Arqu,ment. and m mora dum. VPqqqMPjqtiqP of tmhewwthmi,rt d L wm !tqLpp_(1qd foC suomission of,any writte-mmasqLjgjg[lt andµ mmernorWand�n .fhe parties narned inthe aaN...of the E�earrno exaa fnr era ciarona � t. t th iir e se ,May btaln co ues o sny sugh.su n)i sio�n�and shall e.pLovivddpolwwa fifteen ta...rel uttmal rasraodIT hush_starts our th wtwbiLl ,, fuwrstad'a Born tl e lata;,.,o rn�niflo off the notice theITfiled armealw. 3. _ _µExtension of Time for Written Argument and ,Memoranda. ... a w No written qMumqpt or memorandum of authorities..ma _bemthere fter SubmittedSUbmitted xnel tmbvlYre leolsle uveml e dr smaorovaf of a writter�w retia est for an extension for cause, I eg!uests for extension must be made„ no later than the last date the memoranda would otherwise be due. b. The legilati,veW bovwwwmwyrant further extensions on a findin by,the .� ,,,_. ,,,,... !c� mstrrtrve b _'g od ot,tthe existence of x�t nt�uat� _ oir�oumstances which warrant such extension(s). c_, Upon granting an aension, amnotice of extension shall be given to all parties of re ord and then tuceITms call include statement that "Written arg.of ents and memoranda shall not include the presentation of any new evidence and shall be based onl on the facts resented to the examiner." Transfer_of Record to r.e is!ati�; e BpdyWhen a tirnpl�a o al h been filed n the, deadline for recetwwof written memoranda and ar ug ments and all extensions have passed the d'avision shall deliver to the le Nslative body a co s ofITITtl sexsmanera gcr uouI the evidence presented to the exams icer a reoordung_of iheITheaITrrrwo t etore tN examiners a.rs aru �rri'tterm ar umen( or mom' ggTqr nndirrLoLf awaathoruty which the division has received. .n apoel.slel1.be du srnlssed.....bv themcitrpcouncil if.. 1, It is filed by a,person without standing„towgpp al, 2. www w _ The city council does not have„jurisdiction to hear the appeal; 3. It is not timed filed 4.. ,,.. The a.,ope.al feesare notm tern ard� andlor 5. It is not mfiled ITITinITITaccordance wwwithwwthewwpwrocedures set forth in these rules,. All wruatuor?s..tedisnrssadefective shall be filed withnifteemra aLogy ;flNum~uq.d�ate ofwthe eal. 16.08.030 Closed record appeal subject to review by the city council. A. Settir�q the l learin atf) and Notice of the; ell. wµµµµ-1. µw ._.....www Hearing Date When the record and the examiner's ....decisions ....have..been transmitted to, the legislative body,jtalerd motjtp legislative body shaft schedufe a date for a closed record �app ea,t_b mtho 1pqislatjve body, at. rh?ch timethegegiislativawoil sl�alf considerthea eat.µ wwThe date of the appa,l should not be later than twenty days fo LloWing tae date the legislative body ceu�e,Je information from the division,unless o , a different date is a Ipp4.uo m!_by heecity gird mthe pa ues to the.appeal _w 2 w Public Notice, The clerkµ of thewl gill tive Lady hallm mail written notice tthe pp pgjlarit,gl ,pgr�ties�n rned in the ap uuea_l of t is iteai Nrirt e ai urrtee 's ecision alloart�es rt rec mruf' amr i the e am:i mer to ao rise them of the me tin date before thejpgj§ q flve body. He do ._._ m_gL ust pen to the Public." -The city council shall hear appeals of all decisions by the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument. 1=3. A complete appeal application must be submitted prior to the scheduling of the council meeting or limited hearing. C. The closed record appeal shall be on the record before the city council, and no new i iwt"as_part of evidence shall be presented. The city council may, however, c„ho,o„s„e to do a site vis its review. The record shall include all materials received in evidence at any previous stage of the review, audio/visual tapes of the prior hearing(s), the final order being appealed, and argument by the parties at the examiner's hearing. D. The appellants and any respondents to the appeal shall have the opportunity to present oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision..Part uipglioWn in theme cosed record earsnp . I,ui~ N ed o ttgtq durl!iai ali st tf� ttie o�icai�� for khe ropo al ubiecct to sp i , and thole mesons or entities which.have time nd proper filed com fete written a eal statements either as appellant.5mnr responderi.s E. Following the closed record appeal hearing, the gily council may affirm the decision of the examiner, remand the matter back to the hearing examiner with appropriate directions, or may reverse or modify the hearing examiner decision tae��ucit s�1rdtits wr�wwt�n ftnti: arrri�r� i¢sso�tftswoi-If the council determines there is no error in the examiner's decision, it may adopt the findings of the examiner and accept the decision of the hearing examiner. If tete -city ro Lq Vwren ers a decision different from the decision ofthe examiner, the citycowuncil shall r io amended findin s andmconclusions acc inally, (Ord. 98- 66 § 1 (part), 1998). 16.08.040 Judicial appeals. The city's final decision shall m e final andconclusive unless ren -..air poiy atµ �i� iris y 1 appealed by a party of record with standing to file a land use petition in Yakima County superior court. Such petition must be filed within twenty-one days of issuance of the decision, and the proceejjng�shall follow the reauir�ements as provided in Chapter 36.70C RCW. (Ord. 98-66 § 1 (part), 1998). 16.08.050 Effect of appeals. Ellin f anappea_I,_stavITaiml actions the administrative official or designee on ITping apAii at"ona�,for _r,-eire9opcvoerit Br its associated with t eITactionITorITwdeciswion_i� N.rt9..af ealed. The tillri � otw an apoo al wslµt 11 r�o�t to jt the e ctiv esmsm or ITe ectiv dwat w of an etLforc�errrnnent action r decision for violation of this title minclmU6DA.g nceebla .ons, and revocations of pefuTpil�s rafapcovad �. r;.. pp,pjKqled under this chap B. ProcedLjiral Ruhng§,,,,_jjLtp_(fM..pjp _qg_dgj,al or other rWinq daaFw or of a review or decisbn adrnlor other official under this fifle are .... not eq!qdjgjnggp��i . ppp p mm art_ pf_lh.e Fi.na,I-Jecision or action. MM 61 Woplim P-9 Lei q IN ORR 151 p ................ ---- .......... . ..... . ..... -- iiJ- law enforcement action commencf�d by art ......... .. . ......... ....... .... _ _pDy p DOC. INDEX CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18 EXHIBIT LIST CHAPTER B SEPA Checklist ,..�.. ENVIRONMENTAL CHECKLIST VMW STATE ENVIRONMENTAL POLICY ACT (SEPA) P l CITY a n n n g (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further .analyze the EroRosal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. 'aLqu rr% tease "nttt t iw'1�q b�'e'"ma rww` lc a 1p . 1)1y nl v✓l t y u haat c:j%� lly:.ttW oS not apl,,jy and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to afl p, its is ,yt tardsrlt,paas1, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help you describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there maX be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS For non -project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B — Environmental Elements — that do not contribute meani2ifully to the anal sis of the Erogosal. A. BACKGROUND INFORMATION (To be completed by the applicant.) 1. Name Of Proposed Project (If Applicable): City of Yakima Urban Area Zoning Ordinance Amendments 2018, M 2. Applicant's Name & Phone: City of Yakima Planning Division, (509) 575-6183 . 3. Applicant's Address: 129 North Second Stree Yakima, t, YaWA 98901 ... ... _ _-.-.-. 4 Contact Person & Phone: Joseph Calhoun, 509-575-6042 .. ......------------------------ - 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule (Including Phasing, If Applicable): N/A—Non Project Action 7. Do you have any plans for future additions, expansion, or further activity tivity related to or connected with this proposal? If yes, explain: None at this time ­_ „.... _.. ........... n 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: None known. Per WAC 197-11-315(1)(e), as a non -project proposal, section B ofthe Environmental Checklist will not be filled out. 9. Do you know whether applications are g .. ....,. ...... pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None Pending 10. List any government approvals or permits that will be needed for your proposal, if known: SEPA determination, City of Yakima Planning Commission Public Hearing, and City Council Approval. Revised 07/2015 Page 14 INDEX I 1. Give a brief, but complete d.,.,cription of your proposal, including the proN._sed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Title 15. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: City Limits C. SIGNATURE (To be completed by the applicant.) The above answe °s are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to ma its deei of], Pr aerty Ow a (ir Agent Signature Date Submitted A L I ) I/1-0- ___ e) ��, 0 cc Name of Signee Position and Agency/Organization ID. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by theI Space Reserved For pp alicant.) (IT IS NOT NECESSARY to use this sheet for uoiect actions) Azencv Comments Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities that would likely result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed changes will not affect how land uses discharge to water, emissions to the air, storage, or release of toxic or hazardous substances, or the production of noise. ProProposed measures to avoid or ,..� .. . p reduce such increases are: None proposed. Any future measures to avoid such increases will be dealt with at the project level. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed changes will not affect plants, animals, fish, or marine life, as they are regulatory in nature. Proposed measures to protect or conserve plants, animals, fish, or marine life are: None proposed. Any future measures to avoid such increases will be dealt with at the project level. Revised 07/2015 Page 15 DOC. D. SUPPLEMENTAL SHEET rOR NONPROJECT ACTIONS (To be comt,ieted by the Space Reserved For applicaut.1 JIT IS NOT NE ESSARV to use this sheet for Vr2ject actionsl A2ency Comments 3. How would the proposal be likely to deplete energy or natural resources? The proposed changes do not involve regulations dealing with energy or natural resources. _.......... .... Proposed measures to protect or conserve energy and natural resources are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed changes will not change or affect any environmental sensitive areas or regulations. -------- --------- Proposed measures to protect such resources or to avoid or reduce impacts are. None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change to shoreline uses are proposed. Depending on future proposals, the level of review will be dependent on the type of use and zomn district. Proposed measures to avoid or reduce shoreline and land use impacts are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Not likely. The traffic impacts will be examined at the project level. _ ..... Proposed measures to reduce or respond to such demand(s) are: None Proposed. Any future measures to avoid such increases will be dealt with at the project level. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed changes will not conflict with any local, state, or federal laws, or requirements for the protection of the environment. Revised 07/2015 Page 16 DOC. INDEX j w CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18 EXHIBIT LIST CHAPTER C Application C-1 Application for Text Amendments 04/12/2018 ........................ ....W.................. LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT ° '" YAK imA 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 ` IPMi n PHONE: (509) 575-6183 FAX: (509) 575-6105 INSTRUCTIONS — PLEASE READ FIRST AND ANSWER ALL QUESTIONS COMPLETELY. If you have any questions about this form or the application process, please ask to speak with a planner. All necessary attachments and the filing fee are required upon submittal. Filing fees are not refundable. This application consists of several parts. PART I - GENERAL INFORMATION, PART II — SUPPLEMENTAL APPLICATION, and PART III — CERTIFICATION are on this page. PART II, III, and IV contain additional informationspecific to lour 2ro2osal and MUST be attached to this page to complete the ap2lication. PART I — GENERAL INFORMATION Name: City of Yakima Planning Division 1. Applicant's Information: _.. ®..,..:: 4 Mailing Address: 129 North Second Street City : Yakima St WA Zip , 98901 Phone ( 509) 575-6183 E -Mail: ask.planning@yakimawa.gov 2. Applicant's Interest in Other ....L . ocal Property: Check One ❑ Owner ❑ AgentI—, T ......... . . . . .......................................... . ........z............... . Purchaser Government Name 3. Property Owner's , __. . _ _., __... _ .,.,., . .... ........ ..... m Mailing Address. than Applicant): City: St: Zip: Phone ( ) Information If other E -Mail:. 4. Subject Property's Assessor's Parcel Number(s): N/A — Non Project Action -.... ... 5. Legal Description of Property. (if lengthy, please attach it on a separate document) N/A —Non Project Action 6. Property Address: N/A — Non Project Action 11I7. Pro .--11111-111- ------- __ ______---- perty's Existing Zoning: ® SR N R-1 ® R-2 ® R-3 ® B-1 ® B-2 ® HB N SCC ® LCC ® CBD ® GC ® AS ® RD ® M-1 ® M-2 8. Type Of Application: (Check All That Apply) ❑ Administrative Adjustment ® Environmental Checklist (SEPA Review) ❑ Easement Release ❑ Type (1) Review ❑ Right -of -Way Vacation ❑ Rezone ❑ Type (2) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Type (3) Review ❑ Non -Conforming Use/Structure ❑ Critical Areas Review ❑ Preliminary Short Plat ❑ Appeal to HE / City Council ❑ Variance ❑ Final Short Plat ❑ Interpretation by Hearing Examiner ❑ Temporary Use Permit ❑ Short Plat Amendment ❑ Modification ❑ Overlay District ❑ Preliminary Long Plat ❑ Home Occupation ❑ Binding Site Plan ❑ Final Long Plat ❑ Comprehensive Plan Text or Map Amendment ❑ Planned Development ❑ Plat Alteration —Long Plat F1Short Plat Exemption; ® Other: Text Amendment PART II — SUPPLEMENTAL APPLICATION — SEPA CHECKLIST 9. Environmental Checklist (see attached forms) PART III — CERTIFICATION 10. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. .............................................----- ----- — 1'�er� .: C)wAer ig,�aaturu Date icant's Signature — Date . �" .............. FILE/APPLICATION(S)# XT4-00a-IS 36PA 4J= —I DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO: Revised 07/2015 Page 13 INDEX C, -I City of Yakima Planning Division 2018 Text Amendments 1. Sign Code 15.08.045 Exemptions. The following signs are exempt from the permitting requirements of this chapter: 7. Flags. Any flags,, pfevG ed,-, e t tO„ffies , frtlr win standards: a�ftpsG�fenfiall zlnngars are allowed one 'lfpgL "p�M plan rt fwmtftt� gp,: t7......,No rno Ic,"i�han two fl x'tai' fliJW , 21 <G_ 4f , I@ t�wc,�'u l �.. to u....., the n, Om i, il,.iole ht :�9"�K�Il be thie maxp muni fi'W'tur°e he, ht raC°the _umrlde3Nytw� ..-Fable.. .'�... stn'"'tures, tigg_ALg ftiil..be...as follows: J,- Pole he4it_of 20 -feet or less; 4' fl, _Pok'he ht,.prr alar tharn .:fe.et to ,,�0 feet.. 'x8' than 3 y k -pe 6'x 10' ry [l. uou a .pt lG ,uot il t rztt may !,)p ,ul uru _KopQ� lig nal��...to fl"ie r���iaxi"nr"rwc;11 lr�wq IIq,Uq pqa ra'lodifircatiq Lif I(M( A Mz. Staff Analysis: This standard provides more flexibility for an exemption under the sign chapter. For example, under the current language a homeowner in the R-1 zone could only have a 10 -ft tall flag pole. 2. Rezone 15.23.030 Rezones—Zoning map amendments. B. Application. All rezone applications shall be filed with the planning division. The planning division shall process the application under the provisions of YMC 15.11 "070 and Title 16. The application shall include the information required in YMC 15.11 .020 and the signature of the owner(s) of the property. J'4,, yip[gj&_ami ,ut lit�aq p,pplpt tionnps.i_alt also inclaacJpa nona_b4,x.Jart , r�,rnrepatya t sGlo��l--�Ga Ca �l'�o� pG�G.pnfiaB,a�ua urG- use of th .prr a.rty1 %µ Dev,elo aG Gpr ( rlrc algrt. &"rsr�rliNdr tis �xsa. r fau a G�,_tr rGlc ttl,ic (.. Grry rirrrG rGtal ¢ ffr c`ri.the ip7"ra!""r nr r plI a G G trey 2, �t-Lgfj�ftyern the iirnniedi atpy vicinityr7difi gfv rin�ipf��cf?..��..t}fr�_cit�" shall be n9nc�rmfmrated in a �9f5��" Nc�pgy,�^}�� ���gGc�r�Gau,ent executed by t°tn it a C��ru1 0 �nprrt,tt- lat�ap pjgLe, a gree set _forfl"_in V CW 36� 70B 170 Clrrgggn 4)(,, mZQB.200 Staff Analysis: Changes as discussed previously from conversation related to a non -project rezone processed in 2017. The proposal is similar to other cities (Ellensburg, Wenatchee) in the requirement for a DA when conditions are placed on a Rezone. Requiring a conceptual site plan with a non -project rezone will provide the notified property owners a visual representation of what future development could look like, but will not be binding on the applicant. 3. ADU's 15.09.045 Accessory dwelling units. B. Requirements. An accessory dwelling unit is a permitted Cai5s (,3)..- use win � e -II _a. R 1 pa�.,2 arae 8L3 11m secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions: 1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage.,_u bt,, it' urwo.p..�Mand alvrlw sh'mu l„aIT� ea i lure. -4 a1 Al l9., I� I i tojhe )f6T r Itt,a.t.,Ljr �„ shall have the same building setbacks as the primary structure. An A1,1J that ii fta�hed t�.�ar.,l iiliIT C wrav , a cwJetachedg i aq gr a, tang aloe wstructurei....sh Nl have the sante @"arAlIsil ejb+acks a an rea ce struOLWQ, —. 9. ADUs shall only be permitted on parcels/lots one ,.cupruaAe a(m; iwu ,zesize a, pLqarb aluuNy_��au a r� , lt„ , or larger tjtwl. Vit, .. 1,!' 10. The primary residence and the ADU shall both be connected to public sewer and water. a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection. b. If the ADU is attached to, or located above, a detached garage, moaµ is 4�m ;�lwid orlon t°,Lict2p„ each unit shall have its own sewer and water connection, with required meters. 15.04.030, Table 4-1. Permitted Land Uses Staff Analysis: ADU's were added to the Zoning Ordinance in 2010 but have been proposed and constructed minimally due to the onerous restrictions. Currently they are only permitted in the SR and R-1 zones and only on parcels 0.25 acres or more. On occasion a customer will inquire about adding an ADU to a single family home in the R-2 zone and it isn't permitted. Proposed is to add the remaining residential zones (R-2 and R-3) and abandon the 0.25 acre requirement and instead rely on the minimum lot size to build a duplex (8,000 square -feet in SR and R-1, 7,000 square -feet in R- 2 and R-3). Additionally, the restriction that an ADU can only be attached to the primary dwelling or attached to/above a detached garage has posed issues — adding the ability to build a stand-alone ADU that meets the accessory structure setbacks will provide significant flexibility over the current Ordinance. Finally, a cleanup to a conflict between the text and table — the text indicates a Class (3) where the table lists a Class (2). Since additional districts are proposed, the change is to remove indication of level of review from the text and rely on the table. SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBDJ RD M-1 M-2 Accessory Dwelling Unit (*) (See YMC 115.09.t' 45) 2 2 1 1 Staff Analysis: ADU's were added to the Zoning Ordinance in 2010 but have been proposed and constructed minimally due to the onerous restrictions. Currently they are only permitted in the SR and R-1 zones and only on parcels 0.25 acres or more. On occasion a customer will inquire about adding an ADU to a single family home in the R-2 zone and it isn't permitted. Proposed is to add the remaining residential zones (R-2 and R-3) and abandon the 0.25 acre requirement and instead rely on the minimum lot size to build a duplex (8,000 square -feet in SR and R-1, 7,000 square -feet in R- 2 and R-3). Additionally, the restriction that an ADU can only be attached to the primary dwelling or attached to/above a detached garage has posed issues — adding the ability to build a stand-alone ADU that meets the accessory structure setbacks will provide significant flexibility over the current Ordinance. Finally, a cleanup to a conflict between the text and table — the text indicates a Class (3) where the table lists a Class (2). Since additional districts are proposed, the change is to remove indication of level of review from the text and rely on the table. 4. Modification Chapter 15.17 MODIFICATIONS TO EXISTING OR APPROVED USES OR DEVELOPMENT* Sections: 1„5;17..010, Purpose. 15.17.020 Modification to permitted development and uses regulated. 15.17.030 Exemptions. 15.17.040 Review of modifications. 115.17,.050 Appeals. * Prior legislation: Ords. 3106, 93-81 and 95-13. 15.17.010 Purpose. This chapter establishes Provisions for the review of proposed modifications to existm9 or t��:��p ar:.)3-)-uses. 15.17.020 Modification to permitted development and uses regulated. ti �aa� atilta alp as .r,...ta a � 'ia Ga � fala�u a at q as s,... ase as tilmavaaga to a,ai l s6 ad • , ev a vv a1..es- s64,1 �..adir ra attnra�3ea�ram1a�•n���wul�odlrr���ra�s Minor changes to existing or approved Class ('L),,,(2) or (3) uses or development may qualify for abbreviated review under the provisions in this chapter, if they meet the criteria listed Overlay districts shall not increase the level of review for the provisions of this chapter. Modifications not meeting the criteria below must apply directly for review as a Class(p (2) or (3) use or development. A. The modification will not increase residential density )l a)_ ��a slr)mr gx�drd� ain additional gevell of review; B. The modification will not increase the amount of parking by more than ten percent or twenty spaces (whichever is least), except that the amount of parking for controlled atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications since the last normal review; C. Any expansion of use area or structure will not exceed fifty percent of the gross floor area. This limit shall be calculated cumulatively for all previous modifications since the last normal review; D. The modification will not increase the height of any structure; E. This limit shall be calculated cumulatively for all previous modifications since the last normal review; F. The modification will not add a drive-thru facility; and INDEX � , C � �,. . G. The modification does not include hazardous materials.. 15.17.030 Exemptions. For exemptions from the review processes, see YMC 10.01.040(A). 15.17.040 Review of modifications. A. Submittals. Applications for modification shall follow the submittal requirements for Type (1) review. In addition, for, tiPmaaHll wzll�avt cruse or development, the applicant shall submit both the site plan previously approved by the reviewing official and a new site plan showing the location, size, and type of modification proposed by the applicant. B. Review. Applications for modifications may be administratively and summarily reviewed using the Type (1) review process, in addition to the following criteria: 1. Any proposed change in the site design or arrangement: a. Will not change or modify any special condition previously imposed under Class ,(w);,),,_(2) or (3) review; b. Will not adversely reduce the amount of existing landscaping or the amount or location of required sitescreening; and c. In the determination of the planning division, it will not create or materially increase any adverse impacts or undesirable effects of the project. 2. All proposed new structures, site improvements, or structural alterations to existing structures or site improvements comply with the development standards of YMC Chapters 1 5 i0,15 through '15,0,8, except as approved under the adjustment or variance provisions. C. Decision and Notification of Decision. The planning division shall issue a written decision on the modification application using the Type (1) decision process. In addition, any proposed modification that does not meet all the requirements of this section shall be denied. The division shall mail its decision to the applicant. Uses or developments denied under this chapter may submit applications for review under the normal review provisions for the use. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008). 15.17.050 Appeals. Decisions by the planning division regarding approval or denial of administrative modifications may be appealed as prescribed by the applicable review. Staff Analysis: These changes are proposed to allow the abbreviated Modification review process to be applicable to all previously approved uses, including Type 1. Currently, the code requires a Modification of an DOC INDEX 1 existing and approved Type 1 use to go through another Type 1 Review to modify the development This is contrary the defined purpose of a Modification which means "any change or alteration to the occupancy, arrangement, placement or construction of any existing use, structure, or associated site improvement, and any change or alteration of land. " 5. Taxicab Home Occupation 15.02.020 Definitions "Ijorne (, cc pjq�o taxi ab o ator" means fl ac L Yj-L Qf-oA�j(,fill g�i­� I L�LqjLqmkflSt�WJVE� OffiCe for a Taxicab licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two vehicles . ........ . . .... ...... . ... .. ------- qpg�gt _immediate fam.Hy members who reside in the home. . . . ......... 16.04.120 Home Occupations Table 4-2. Table of Permitted Home Occupations Doc., INDEX Zoning District SR] R -I R-2 R-3 B-1 Accountant 1 Architect 1 Artist, author, arts and crafts 1 Attorney 1 1 1 1+1 Barbershop, beauty parlor 2 2 2 2 Bed and breakfast* 1 2 1 1 Business administration 1 1 1 1 Cabinet, mill work, carpentry work 2 2 Catering service 2 2 2 2 2 Ceramics and sculpting 2 22 2 Composer 1 1 1 1 Day care, family home* 1 1 1 1 1 Dentist 1 2 2 2 Dog grooming ............... . .... - 2 3 3 3 3 Doc., INDEX Table 4-2. Table of Permitted Home Occupations INDEX �II Zoning District SR R-1 R-2 R-3 B-1 Dressmaker, seamstress, tailor 1 1 1 1 Engineer 1 1 1 1 Food preparation* 1 2 1 1 1 Home contractor* 1 1 1 2 1 Home instruction* 1-5 students 1 1 1 1 1 6-8 students 2 2 2 2 2 Insurance agent 1 1 1 1 Locksmith 1 2 2 1 1 Photographer (not including productions studio) 1 2 2 2 Physician 1 2 2 2 Product assemblage* 1 2 2 2 1 Massage therapylspa* 1 1 1 1 1 Music teacher 1 1 1 1 rroduction of small articles by hand without the use of automated or production line 1 2 2 2 equipment Radio„ television and small appliance repair 2 L 2 2 2 Real estate agent 1 1 1 1 Secretarial, phone answering, desktop publishing service* 1 1 1 1 Smalll engine repair 2 F_aJ41Ga,b Q 9aiCk:l�_ II (Wedding service 2 2 2 2 2 Unclassified home occupation See INDEX �II Table 4-2. Table of Permitted Home Occupations Staff Analysis: These changes were proposed by a member of the public, and will provide sole -proprietor or family taxi businesses to be operated out of the home as a Home Occupation rather than out of a commercial establishment, which for many is cost prohibitive. 6. Regional Development Zoning District 15.03.020 District and map overlay intent statements. M. Regional Development District (RD). The purpose of the regional development district is to provide high visibility from the interstate and state highways of the city of Yakima to provide regional commerce, office campus, recreation, large-scale retail, culture, ��i � gian! ift.c kLy1 ifoe.esa. + and large multiple mixed uses,,,_,. This district is characterized by very n� Iq� �1rc��.�_ intensive development and a variety of land uses including retail sales and service establishments, high-density residential development, financial institutions, professional office buildings, hotels, condominiums, and corporation headquarters. Table 4-1. Permitted Land Uses SR R-1 R -2R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 AGRICULTURAL (COMMERCIAL) Agriculture, Horticulture, General Farming 1 l 1 1 (not feedlots or stockyards) (*) Agricultural Building (*) 1 Agricultural Chemical Sales/Storage SR R-1 R-2 R-3 B-1 B-2 FIB SCC LCC AS GC CBD RD M-1 M-2 Agricultural Market Agricultural Stand (*) Agricultural Related Industries (*) 2 Animal Husbandry (See YMC 15,09 070) 12 l p Concentrated Feeding Operation (*) 3 Floriculture, Aquaculture 1 1 1 Fruit Bin Sales/Storage 3 2 l l v Marijuana Production (**) 1 1 Winery and Brewery—Basic (*) 3 3 1 2 ResortJDc,stinatlon w/on-site agricultural 2 3 3 3 3 3 3 production Resort/Destination (*) 2 3 3 1 l 1 3 Retail (*) 1 1 1 1 1 1 2 AMUSEMENT AND RECREATION Aquatic Center 3 3 3 l 2 Amusement Park (Permanent) (*) 3 3 3 l 3 Bowling Alleys 2 2 2 1 1 2 3 Campground (*) 3 2 Children's Outdoor Recrea ion Center* 2 (More than 500 ft. fro n abutting residential and not containing at go -can tlrack) Children's Outdoor Recreation Center* 3 (Less than 500 ft. from abutting residential and/or containing a go-cart track) Drive -In 'IYicatres 3 2 2 2 Exercise Facilities 2 1 1 l l 2 1 l 1 2 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic 3 2 1 2 2 2 Game Rooms (*) Golf Courses, Clubhouses, Golf Driving 3 3 3 3 Ranges Miniature Golf Courses 3 3 1 1 1 l Movie Theatres, Auditoriums, Exhibition 3 1 1 l 1 Halls Parks (*) 2 1 2 2 2 2 2 2 2 2 2 2 1 2 2 Roller Skating or Ice Skating Rink 2 2 1 1 2 Sports Facility (indoor) 2 2 1 2 l 2 Social Card Rooms (See YMC 15.09 090) 3 3 3 3 SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 State Fair Park (See YMC 15.04200) COMMUNITY SERVICES Cemetery/Crematorium with Funeral Home 3 3 3 3 3 3 Funeral Home not associated with 3 2 2 2 11 1 2 2 Cemetery/Crematorium Churches, Synagogues, and Temples (*) 2 2 2 2 2 2 2 2 1 1 2 2 Community Center (*) Meeting Halls, 2 2 2 2 2 2 2 2 2 1 1 2 Fraternal Organizations Community Gardens (*) (if accessory to an 1 1 1 1 1 l l l 1 1 l 1 l 1 i approved principal use) (See YMC 15.04.060(G)) Community Gardens (*) (with planting area 1 1 1 1 1 l l l 1 l l 1 of one-quarter acre or less) Community Gardens (*) (with planting area 2 2 2 2 2 2 2 2 2 1 2 2 of more than one-quarter and up to one-half acre) Community Gardens (*) (with planting area 2 2 2 2 2 22 2 2 2 2 2 of more than one-half acre up to one acre) Day Care Facilities (not home occupation): 1 2 2 2 2 2 2 2 l l i Family In-Home (*) Day Care Center (*) 2 2 2 2 1 1 2 1 1 1 1 2 1 Public Facility (*) 3 3 3 3 2 2 2 2 I l 1 l 1 1 1 Hospital (*) Outside Institutional Overlay 3 3 3 3 3 3 3 3 Correctional Facilities 3 3 3 3 3 3 Libraries 3 3 3 2 1 2 11 1 1 1 1 Museums, Art Galleries 3 3 2 1 2 1 1 l l 1 l 1 Schools Elementary and Middle 3 3 3 3 3 3 1 3 Senior High School 3 3 3 3 3 3 3 3 Business Schools (*) 3 3 3 3 3 3 2 2 1 1 1 2 2 Community College/University—Inside (See YMC Chapter 1531) Institutional Overlay Community College/University—Outside 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Institutional Overlay Vocational Schools (*) 3 3 3 3 3 2 2 2 1 1 1 2 3 Wastewater Sprayfield (*) 3 3 3 Zoo (*) 3 3 3 3 3 HEALTH AND SOCIAL SERVICE FACILITY Group Homes (six or fewer), Adult Family l l l 11 I l 1 Home (*) Treatment Centers for Drug and Alcohol 3 3 3 3 3 3 3 3 Rehabilitation Marijuana Processing (** SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Boarding House (*) 3 3 3 3 3 1 2 Halfway House (*) 2 3 3 Group Homes (more than six), Convalescent 3 2 2 2 3 3 and Nursing Homes (*) Mission (*) (with Type (3) review, and 2 2 2 development agreement—see definition) MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 2 l 1 Apparel and Accessories 3 2 2 1 1 Bakery Products (wholesale) 2 2 2 2 2 1 1 Beverage Industry (*) 2 2 2 1 1 Canning, Preserving and Packaging Fruits, ? l 1 Vegetables, and Other Foods Cement and Concrete Plants 3 l Chemicals (Industrial, Agricultural, Wood, 3 1 etc.) Concrete, Gypsum and Plaster Products 2 l l Confectionery and Related Products 2 2 2 1 1 2 1 l (wholesale) Cutlery, Hand Tools and General Hardware 1 3 l 1 Drugs 1 2 2 1 1 Electrical Transmission and Distribution 1 2 3 1 1 Equipment Electronic Components and Accessories and 1 2 2 3 l 1 Product Assembly 1 1 &nginvesi g, vndM1;�I Optical, Dental, l 2 1 l Scientific Instruments and Product Assembly Fabricated Structural Metal Products 2 3 3 1 1 Food Processing2 I 3 1 l Furniture 2 3 2 1 1 Glass, Pottery, and Related Products and 2 2 2 1 1 Assembly Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves l l Leather Products 3 1 1 l Leather Tanning and Finishing 1 1 Machinery and Equipment l 2 1 1 Marijuana Processing (** dll C. INDEX # SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Marijuana Research (**) l 1 Meat, Poultry and Dairy Products i L i Paints, Varnishes, Lacquers, Enamels and 3 G Allied Products Paperboard Containers and Boxes 1 3 l l Plastic Products and Assembly 1 2 l 1 Prefabricated Structural Wood Products and 1 l l Containers Printing, Publishing and Binding 1 3 2 l l Printing Trade (service industries) 2 2 2 1 1 2 l Recycling Processing Center (*) 3 1 Rendering Plants, Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly 21 l 1 1 Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products (includes finishing of 2 1 2 2 3 1 l monuments for retail sale) Transportation Equipment, Including 2 1 l Trailers and Campers Woodworking: Cabinets, Shelves, etc. 3 1 2 2 1 l MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, Rock 3 3 1 Crushing Mining Including Sand and Gravel Pits (*) 3 3 3 Stockpiling of Earthen Materials (*) 2 2 2 2 1 1 1 1 1 1 1 1 1 1 Off -Site Hazardous Waste Treatment and 33 Storage Facilities (*) RESIDENTIAL Accessory Uses (*) See YMC 15,04 060 Detached Single -Family Dwelling (*) 1 l 1 l 3 3 1 3 3 3 3 Accessory Dwelling Unit (*) (See YMC 2 2 15.09.045) Existing or New Detached Single -Family 1 1 l Dwelling on Existing Lots of 8,000 Square Feet or Less Detached Single -Family Dwelling (zero lot 2 2 2 2 3 3 1 3 3 3 3 line) (*) (See YMC 15.09.040) Attached Single -Family Dwelling, Common 2 2 l 1 3 3 1 2 2 2 M11 Wall (*) dll C. INDEX # SR R-1 R-2 R-3 B -1B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Two -Family Dwelling (Duplex) (*) 3 3 l 1 2 2 l 2 2 2 2 Converted Dwelling (*) 3 3 2 2 2 2 2 2 2 2 1 Multifamily Dwelling(*): 0-7 DU/NRA 2 l 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+ DU/NRA 3 l 2 2 2 2 2 2 2 Mixed -Use Building 1 1 1 1 1 1 1 Planned Development (*) See YMC 1528 Mobile Home Parks (*) 2 2 2 Mobile Home (*) or Manufactured Homes See YMC 15,04 160 Retirement Homes (*) 2 3 1 3 l 1 �.............. ' ..........1 ,... ............. Temporary Hardship Units (See YMC 2 2 2 2 2 2 2 2 2 2 2 15.04.140) 1 RETAIL TRADE, AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Clinic/Hospital/Veterinarian (*) 3 2 2 2 1 2 1 1 1 Auction House for Goods (*) 3 2 2 2 1 1 2 l 1 Auction House for Livestock (*) 3 2 2 Automotive Automotive Dealer New and Used Sales 2 2 2 1 3 1 1 Weekend Automobile and Recreational i i 1 Vehicle (RV) Sales Automotive: Car Wash/Detailing 2 1 l l 1 1 2 Parking Lots and Garages 2 l 1 l l 1 1 1 l Maintenance and Repair Shops 2 l 1 2 1 2 l 2 Paint and Body Repair Shops 2 2 1 1 l 2 Parts and Accessories (tires, batteries, etc,) 2 1 l 1 1 2 1 2 Towing Services 1 3 1 l Wrecking and Dismantling Yard (*) and 3 l Hulk Haulers (*) Bail Bonds Beauty and Barber Shops 2 l 2 l 1 l l 1 1 2 Bed and Breakfast Inn (*) 2 2 2 2 1 2 2 1 Boats and Marine Accessories 2 2 l 1 1 1 Butcher Shop 1 1 1 1 2 2 1 Commercial Services (*) 2 1 2 1 1 l 1 1 2 SR R-1 R-2 R-3 B-1 B-2 HBSCC LCC AS GC CBD RD M-1 M-2 Communication Towers (*) (See YMC Chapter 15.29) Convenience Store—Closed 10,00 p,m to 1 2 8 1 l 1 p 1 2 6:00 a.m. Convenience Store—Open 10:00 p. m, to 2 2 2 1 1 2 1 2 6:00 a.m. Pet Day Care/Animal Training (*) 2 1 1 1 2 1 1 2 Farm and Implements, Tools and Heavy 1 2 3 1 1 Construction Equipment Farm Supplies 2 2 1 1 2 1 Financial Institutions i l 1 l 1 1 l i Fuel Oil and Coal Distributors 1 2 1 1 Furniture, Home Furnishings, Appliances l 1 l 1 l 1 l General Hardware, Garden Equipment, and 2 1 1 1 1 1 l l 1 Supplies General Retail Sales 12,000 sq, ft or less 2 1 1 1 1 1 1 1 3 not otherwise regulated) (*) General Retail Sales greater than 12,000 sq 2 1 1 1 1 1 1 3 ft. (not otherwise regulated) (*) Heating and Plumbing and Electrical 2 2 1 1 1 1 1 Equipment Stores Heavy Equipment Storage, Maintenance and 1 l l Repair Kennels (*) 2 2 �, 2 Laundries, Laundromats and Dry Cleaning 2 2 1 1 1 1 2 1 Plants Liquor Stores 2 2 l l l 1 I Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Lumber Yards 2 1 1 1 l Marijuana Retail (**) 1 l l 1 1 1 Massage Therapy/Spa(*) Mobile Vendor See YMC Ch, 5.57 Motels and Hotels 2 1 1 1 1 1 Night Clubs/Dance Establishments 2 1 1 1 1 1 Nursery (*) 2 l l l 1 I 1 1 Offices and Clinics 3 1 1 l 1 1 1 1 1 2 Office Contractor Building and Trade 3 1 1 l l 1 l d 1 1 (Plumbing, Heating, Electrical, and Painting) Outdoor Advertising (Billboards) See YMC 15 08,130 Pawn Broker 2 1 1 1 1 2 1 Radio/TV Studio 3 2 2 1 1 1 1 2 DOC. DE 11� SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC AS GC CBD RD M-1 M-2 Recycling Drop -Off Center (*) i 2 2 1 1 1 1 Rental; Auto, Truck, Trailer, Fleet Leasing 3 2 l 2 l 2 2 1 2 Services with Storage llEquipment (except _T i 1 automotive) with Storage E ui P Rental: Heavy Equipment ment (exce t l 2 3 2 automotive) without Storage Repairs: Small Appliances, TVs, Business 1 2 1 l 1 l 2 1 1 Machines, Watches, etc. Repairs: Reupholstery and Furniture l 1 1 1 1 ] 1 1 Repairs. Small Engine and Garden 2 2 2 1 l 1 2 l Equipment Restaurant(*) 2 1 1 1 1 j 1 l 1 1 Seamstress, Tailor Service Station (*) Closed Between 10,00 2 1 l 1 1 l 1 1 p.m. and 6:00 a.m. (*) Service Station (*) Open Between 1000 3 2 2 l 1 2 1 2 p.m. and 6:00 a.m. (*) Shooting Ranges (indoor) 3 3 3 3 1 Signs, Printed, Painted or Carved 2 2 l 1 2 l 1 Taverns (*) and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales (*) 2 l 2 1 1 l 1 l 1 1 Truck Service Stations and Shops 3 2 1 1 Truck (Large), Manufactured Home and 1 3 1 Travel Trailer Sales Waste Material Processing and Junk 3 1 Handling (*) TRANSPORTATION Bus Terminals 1 1 1 l l 1 Bus Storage and Maintenance Facilities l 1 Transportation Brokerage (*) Offices, with 2 2 1 ] Truck Parking Contract Truck Hauling, Rental of Trucks 1 1 1 with Drivers Air, Rail, Truck Terminals (for short-term 1 1 2 l 1 storage, office, etc.) Railroad Switch Yards, Maintenance and i l Repair Facilities, eta l aNi ah Termunals, Maintenance and 3 3 1 Dispatching Centers, etc. Airport Landing Field i Airport Operations (*) 1 UTILITIES DOC. DE 11� Staff Analysis: These changes are proposed to provide for additional light manufacturing uses in the RD zoning district. This district contains several large tracts (Mill Site, Speedway) that could benefit from a greater number of potential uses above and beyond what is currently allowed in RD. 7. Appeals 15.02.020 Definitions _w°..�=�..¢�"�""�t;y�wt"w'.r�rrr��.� :���wi�I�����1���1 I� ��1�"I�l-,.��li��1��;•��� ��I�����1��a,� ��ul��ii r1r Im l�4�o " nie, 1 .... identified rli- lw ri r�r I IG_,drat..�wP t._I I.. the . _ _;qny_LLqL,5on who tesfified at the o en record p�gtL[Lcjjpcirimlon the pplicafi rl, 1r L3kgt ..(Q qn r, r mlai (1rt ditto n �arnrTi n is dUr"p_r� irpinjstra n e review „Lttriwri g giredwtq iefralrin wlr 1s submitted written c4r n,ient mmconceralrrl , the Grp° lut e... ib alta r rev ,108 1t LInIIt"rL n or_Gr over SR R-1 R-2 R-3 B-1 B-2 HB SCC LCC ! AS GC CBD RD M-1 M-2 Power Generating Facilities 3 2 E�I Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 WHOLESALE TRADE—STORAGE Warehouses (*) 3 l 2 2 1 1 Wholesale Trade (*) 2 1 1 2 1 1 1 Storage Facilities, Bulk (*) 1 2 1 1 Storage Facilities Commercial (*) 3 1 2 3 1 1 Residential Mini -Storage (*) 1 1 3 3 1 2 3 1 1 * Refers to a defuution in YNIC 0atper Q 5.422. ** See YMC 15,09 2241 for gencrul develotamepu requirements for marijuana uses, = Not Perm4tcd 1 =Class (1) Pennimd Use 2 =Class (2) Requires an Administrative Bovie by the Administrative Official 3 =Class (3) Requiires aw l"ubhcc I leaving by ahc 1°lcanng Examiner Staff Analysis: These changes are proposed to provide for additional light manufacturing uses in the RD zoning district. This district contains several large tracts (Mill Site, Speedway) that could benefit from a greater number of potential uses above and beyond what is currently allowed in RD. 7. Appeals 15.02.020 Definitions _w°..�=�..¢�"�""�t;y�wt"w'.r�rrr��.� :���wi�I�����1���1 I� ��1�"I�l-,.��li��1��;•��� ��I�����1��a,� ��ul��ii r1r Im l�4�o " nie, 1 .... identified rli- lw ri r�r I IG_,drat..�wP t._I I.. the . _ _;qny_LLqL,5on who tesfified at the o en record p�gtL[Lcjjpcirimlon the pplicafi rl, 1r L3kgt ..(Q qn r, r mlai (1rt ditto n �arnrTi n is dUr"p_r� irpinjstra n e review „Lttriwri g giredwtq iefralrin wlr 1s submitted written c4r n,ient mmconceralrrl , the Grp° lut e... ib alta r rev ,108 1t LInIIt"rL n or_Gr over Chapter 1.43 HEARING EXAMINER Sections: 1.43.010 Office established. 1.43.020 Appointment. 1.43.030 Qualifications. 1.43.040 Removal. 1.43.050 Standards of conduct. 1.43.060 Rules. 1.43.070 Time computation. 1.43.080 Duties and powers. 1.43.090 Applications. 1.43.100 Master applications. I .43. I I V Report VI sepal LI I lel It. 1.43.120 Examiner's decision. 1.43.130 Notice of examiner's decision. 1.43.140 Appeal from examiner's decision. 1.43.150 Effect of appeal. 1.43.160 Council action on appeals. 1.43.170 Appeal of decisions made by council. 1.43.180 Annual report. 1.43.010 Office established. There is established an office of hearing examiner. The office of examiner shall be under the administrative supervision of the examiner and shall be separate from and not an administrative part of the department of community and economic development. Unless the context requires otherwise, the term "examiner" as used herein shall include deputy examiners and examiners pro tem. (Ord. 2948 § 1 (part), 1986). 1.43.020 Appointment. The hearing examiner and any deputy examiners shall be appointed by the city council after consideration of the recommendation of the joint hearing examiner committee created by and pursuant to the "Intergovernmental Agreement for the Mutual Use of Hearing Examiner Services" entered into by and between the city of Yakima and Yakima County, Washington. Such examiner shall serve an indefinite term of office which shall, however, be reviewed one year following the date of original appointment and thereafter every four years. The council may also appoint examiners pro tem to serve in the event of absence or inability to act of the examiner and deputy examiners. (Ord. 2948 § 1 (part), 1986). 1.43.030 Qualifications. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the city of Yakima or the county of Yakima. (Ord. 2948 § 1 (part), 1986). 1.43.040 Removal. An examiner may be removed from office for cause by a majority vote of the city council after consideration of a recommendation as to removal or nonremoval from the joint hearing examiner committee. (Ord. 2948 § 1 (part), 1986). 1.43.050 Standards of conduct. (a) No person, including city or county officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that an official or employee of the city of Yakima or Yakima County may, in the performance of his official duties provide information to the examiner when the action is disclosed at the hearing or meeting; nor, shall this section prohibit rendering of legal services to the examiner or to the council. (b) No examiner shall conduct or participate in any hearing or decision in which the examiner shall have a direct or indirect financial or personal interest or in which such conduct or participation shall violate any rule of law applicable thereto. (Ord. 2948 § 1 (part), 1986). 1.43.060 Rules. The examiner shall implement procedural rules for the conduct of hearings and other procedural matters related to the duties of his office in accordance with RCW 36.70.970. (Ord. 2948 § 1 (part), 1986). 1.43.070 Time computation. In computing any period of time prescribed by this chapter, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a city legal holiday. (Ord. 2948 § 1 (part), 1986). 1.43.080 Duties and powers. The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to the following land use matters: A. Matters prescribed by the Yakima urban area zoning ordinance, Title 15 of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations to the city council; C. Preliminary plat extension requests pursuant to RCW 58.1714Dand city of Yakima subdivision ordinance, Title 14ofthis code. Decisions ofthe examiner onsuch matters shall constitute final decisions unless appealed to the council pursuant to the provisions of N!1� 4_~_ . C>. Plat vacations oramendments pursuant to F(CVVChapter 58.11. 58.12. or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions OftW� E. Pedestrian skybridge applications in the manner set forth in YlVIC 11.65.040(F) and pedestrian akvbridgepermit violations aoset out inYK8C11.65.O7D; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21 C, State Environmental Policy Act (SEPA), and Chapter 6.88 YIVIC at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible offic|o|- G. The examiner may, atthe request mfthe city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of- waypurouanttoRCVVChmpter35.7S.C)ecioionooftheexmnninmronouohnmattenaaho|| constitute arecommendation tothe city council. The provisions mfthis section designating and assigning tothe hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions ofthe municipal code of the city ofYakima. (Ond. 201G-D20§2.2D1G;Ord. 2D13-033§1(Exh.A).2O13:Ord. 83-S1 81. 1993: {]rd. 3257 § 1. 1990: Ord. 3224 G 1, 1989: Ord. 2948 § 1 (part), 1900\. 1.43.090 Applications. Applications for permits or approvals subject to review by the examiner shall be made tothe city department of community and economic development (hereinafter referred to as the "department"). The department shall accept such applications only |fapplicable filing requirements are met. The department, in coordination with the hearing examiner, shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall bminaccordance with the statute orordinance governing the application. (Ord. 2948§ 1 (port). 1886). 1.43.100 Master applications. Any persons proposing adevelopment orproject vvhiohnsquinasmore1hanoneofthmpermibaor approvals |iobad in Section 1.43.080 of this chapter may submit a master application to the department on forms furnished by the department containing all necessary information. The master application shall thereafter be processed by the examiner subject tothe longest time limitations applicable to any of the required permits for approval. If any of the required approvals constitute arecommendation tothe legislative body, the decision of the examiner toall such permits shall constitute a recommendation to the legislative body, otherwise the decision of the examiner shall be final subject to an appeal to the legislative body pursuant to this chapterl.ifle DOC. 014DEX 1.43.110 Report of department. Where no specific provision for a report of the department is contained in the statute or ordinance governing the application, the department may coordinate and assemble the reviews of other county/city departments, other state or local governmental agencies and franchised public utilities having an interest in the subject application and prepare a report summarizing the factors involved and the department's findings and recommendations. At least seven calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon request. (Ord. 2948 § 1 (part), 1986). 1.43.120 Examiner's decision. Within ten working days of the conclusion of a hearing, unless longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include findings and conclusions based on the record. Except as provided in YMC 1.43.080 and 1.43.100 and the decision of the examiner shall be final and conclusive on the fifteenth day after the date of the decision unless a notice of appeal to the Yakima city council is filed pursuant to YMC 1.43.140. The examiner's decisions together with his findings, conclusions, and record of proceedings shall be filed with the department of community and economic development. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body (Ord. 2948 § 1 (part), 1986). 1.43.130 Notice of examiner's decision. Unless different procedures are prescribed by the ordinance or statute governing the application, the department shall mail copies of the examiner's decision by certified mail to the applicant and by regular mail to other parties of record not later than three working days following the filing of a written decision by the examiner. p i(po mm r t Bio- 1 r � cif l og,ct�J "...r�u a�r� :.(��.�N� �mmq���cr ��.�.���. j �1� �a��°W L p w tmm ar l t .: rrm t t t o „pe rtw �s icll rrti ie rte l e, records �aw� of ble from rg the Yal�i n c°;rua�u y ass s r" raj uc ..f I wl sgmm or rub rk c �+ rV' ,° ; _rte fn )rar c> testified at the ft e*nr Gqr crm€ fa ut Gr _ftp rur aru fljp..1ppV c 4uon-m u / rm sy:_p .qrson who ubmiht r wwrull r�. comments during nistrative row�a�ww utir�trµ�@� ����urrm m�ii�n� �r Mc ,or has S,Ubmiitted written mcornme,rits concerning N. r aha bran �t ''thy ro tin re n d r 1rr he rnr��t..( �tx uruel�per ro �. 1Mne have.:ownly a n g(.J a tffion"mIT� ITITtar roar n lett r . fr rrw ,)ser,.-ofthis-c-hopt r other t.�r se�mrs �trr i° ,ave tti r r srr r rttort rtt� n , rrr rr rrrrt-o wr r.rw.. fa rr., t r �sr�. it n.n...r r I , tr ..,r fry rr f wit ��trut4rf=rmrr�r-rfar- �r���µf r��r���tior orr�r�i��r��tr�zif r''em�ot'ot �st-ioo o�s� r°t�t�or,.hw rgrr#rrq s rr�trtrrr...pr�rirt°r�wr�ri...r�rt��� �thtsrr�r��r�.rro�i�.,...(Ord. 2948 § 1 (part), 1986). 1.43.140 Appeal from examiner's decision. ?. As lromiffi ...1ip rwnric� Annimnor s decision wshall use the pr.p�_ " urI'eS OUtlined, n QlaL)te, 10 0' t. f. oopt...or tri tt os� rlrrorr rrwr-rs....� Orc1 onr lrtr torr rr rr e na 1 fir no to..tt r rr r r ort trr'O ir'u ed4 f orris ifa ri f rrr o, f o t r....t t .o.frnr i m or re r . tr ..tl uo � rr'rtrrr r may, fro.. l;npn for tr ..tt e oo sur 11 ret .rr,lra�t��r�rr." trr�r��,r,..of-tE�r'�it ott'ra�tort.. t1`nr�rerrn'��qurrr�rmrrtee�ir�iorr, u�i� tiwrr foflr�ir�fr�r��rurr�e�r-;. a.g an "rn' CA We a,rf, Iru..u�.ir��������•�,1-�-��1�11 la`rµ�u�V�a.��w�.��a..1���� �;u-�i����a°��,������1~�� �"� .������u�"�����; ..,upon ua NaGb., presented t No-wFw en­arqumeti f'1JQW&.:"rhe p e4or.... *Aie af..f a � r. ayrPgU1(i , kl -Wri mq—,,3,n 4t* f)artr 'uen" 1"'lay if' ft- die4 ;,*A4o a of f: fou- atA wy prjor� i,)oUor ifteen..ri Writton ould-o he;w a be.. ��.a,,....�..&u � u :.��a�a,��u �iG f-T ­1 ... refl fµp%uµ I. p :a plp 1si ir"Isr q I"birv- *un by--th a��ap't,rn`oil 4,th��" " l �y��a � ��� �py,���5au�����:i.� ,1 irc; n' tifance" y "�"W" 1,K*II ""S�"'INM'�" p G* "f,:,"M'wa.a'bN "W.' ';N!ae K F#'"N"tl!'ti:.W �"k ..w W°�,"h ti P �Y ..,' "SWT if �" 6" I��F �'4 'W' �.�.. „p h"" ,�,�.m "tl"9^" W 9'� W 'l,"`IP� ,, q Nvvs-of AAefnoF, an&+;,viajtten.. rgtofi . G-Gwlaf-neftts.M..th-f-,N"' en io n- n"Y-4)(,") a (e)-- Wi . ,;,I -a P y�, n,^ _ htl4• bp q �v u�ry�p y .pp ryy�y p yip Wtp X 0.N y�p'y y qp,�r y u� ypp,y I•�p F y+h,, µ" �y •ppry�n+"� ��r�-�' �.Baa""��rr�ri`".-�iu�uo:�.��n�•��."����r���u��"������r��i� ��ro����� ���-���"���i���� "8. W ...1 r'4 Mf8 ,4 . 1.43.150 Effect of appeal. The timely filing of an appeal under this chapter shall stay the effective date of the examiner's decision until the appeal is adjudicated by the council or until the appeal is withdrawn. (Ord. 2948 § 1 (part), 1986). 4-43460 "9i,,.4N,hr.l for by..fi b ooii cA M-,4.14 4inw, later,: fl.itr (b) ...... "?ublao- N olo �o a 1`,-,Moohn9-oa ,.A pe ol_ he-ck a� .-ol the a�aa�raia ar„ig...a�ta� l m �q�agi� mlttoaa a�rpma l�.m..���lt p aataoaa.ral m a as araq t :grad tE a. aroma m a r� w a ul w �.. a q lbo...u..a.. a s lga q beef a 1 Arlt_... ttrAo�ar� a�at ��aualaro��+...�ruwaa*�ral�a-aq�a� �-l�o•a.��� �llN l��r�ll,��1..1a�al�a��-aWa�q�:.la�-�a.��� oma-aaalaaa�aa, to o���:wa�a�aaao.r..aa�1�a�dl a���lll°gaa��l laq�aaa��a���� �a..,raaa�a����a1:� laa aaal�a �a�tta�l�. lawaa�ga~aq��a�K, l�aaa�a�laaal,,,.,�ga�ll.,�aaa�.. aaaa W�aTa�,�awv�aa.�a�a-a~ra„�a�a�mallul�-��a�aaa�'�a"as,1....m��l�a..a�a�air�au�l uwa naa..e :: ��,'�.._....olmom"aWaaa~�t�ralaoot "�������aam�aala�� a�a�olaaa��lkl'a��;ma�aa��a�aa �a�a�pl«„ama"aa�m�ua�l a"a�-~amyl'= aa�a�� m ttur rra at aw la a am l a m a 1 a l °a + a s law n-'- 4l toposp—ol 4a4cia mca f*WeFia~atj no -f a hi l o m to,auc a tla �m oraagaaraa ..ytl tp o a orarga ll...a aaaata ao a atr qua araa alattoaoot tmorrr t o dOGi,6,4Dn Gf-#%, aaa��arlr�amq,�.tl�,�o...a;�a�avaa~ar�il�a��l"arallaalopt...�aw�aaloal tar�dgr�a� aa��l aw�a�alaa��aom�aa�� �a,"�a�omaq�cawlp �a�1- ��.�,.:1 ,��ttt .,rratotu.�,f m ..lomoa"a�na�da:a...; arronottw l:`larwaairat.:l,l�w��r�a��mllmra ����1 a a:��rwlaa�a�a ���a-�,"o�waaaa;a...���m�l la��a A,airmia ma. g ml,htm ttrgataa.. ter .mt r mar ttr m,..d alo ttla 1., a tlora . ai,;-ardr ra *Ved...Porl ...obtL34F+s sa- 4,1ipF w prl a wdt. of-judi .,ial reAiiew,for ll a m 1, wpos of, ray «mew—,G tl~asa~a a~ G�t",j*a.a...t,.ale�a rR,. q fgl ., a a appr atm at appeW ray oltr n mat taa.:l t tra t tua .. apps B4 raalN,14 1. a m arta°las aaa...l r y ton„ Baa ra l u a�,..11auwa.. . Batu o taam p q iarp oqa .. arl.arataa tmw.amm ara.11 ,.ol praaa r agmaapa as almwmaoat l�aa...lwmrtra x aV pt a of ..l dull .ta a a.aar o mal the �upaloa a�aa.mrta tlro 1;��atma~�a,.aaa avattaoato ��moaridia rlWtarra..awartao r°r��a�art..r�l tma�wrrtgm�p..,tor pa.wa pa, a .o art ro uo l tlaar ou apr rlou a o as 1. (tu rd -m ddd....§-t rt e t pap 1.43.180 Annual report. The examiner shall report in writing to and meet with the city planning commission and city council at least annuallyifwr�A�aast4 for the purpose of reviewing the administration of the city's land use policies and regulating ordinances. The report shall include a summary of the hearing examiner's decisions since the prior report. (Ord. 2010-22 § 2, 2010: Ord. 2948 § 1 (part), 1986). "Party of Record" means: (1) the applicant; (2) the property tax payer for the subject property as identified by the records available from the Yakima County assessor's office; (3) the legal owner of the subject property; (4) any person who testified at the open record public hearing on the application; and/or (5) any person who submitted written comments during administrative review (within the required timeframe) or has submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or form letters). Chapter 15.16 APPEALS Sections: 4'r 416,440 4,i". war,Viu� ioim.�u muumU ,, 1 6m 16,4005 ..Ap� mqj[§, LIndei � ifle j p m Uc d q i N m� C cha ,w w 1 U u sRU . _ _._..aw.y.m The found un YlMC 16.0& �::�� ��uu i;�� z��� �i""mu��•����~��o�:..p �� ����n•ut��iu�r.;uU� i4��"��o���m��•���o�mm"�� �"���am�mu��m� �w�m•�°� �m'm,��,m. heumimm ix . �......m•i ""gym, 4u°m i.iu o ot.,�u�..o6'io��u..."UwmU ab ii iU" "oco.....ii Ail Aii....Cmr"mm.mrm;°mugmM.u',,.iwi...'wmmi,,mu°mmuumuq •,r i n � i an appeal hea irig, provdete f-w#o u ii r i 4 0 ium u• "aM;uuu im uu ¢ mLLo i " m mmr iii 4 �i �; b w. m„i . miu;...Ai deter4"*nafi Tuve u of i"e 4., .,..."�.y�Ua��du� oU ���i;m�u�m��m�im��u�a.� �•�i”��u���mu��m����+,v��..w��.4�~�m-���i�.4�'� u;�'R��m�„����;��""i"""i'ir:�,,...iw���U.u.a�����. ��� � � m���� mu:�w97r,•�� �•Ai��� m aur" ����� m ��m�u� iu•��u ur"r�;..."i����u��u I������..m�`�� i�����.��.e�u°� �mu������� n�, ed,f ���ummNm°m�w��m��m��,.,u`�m�m��.�mmd�mB ,r°.Nm.��mmu � ,��N�a�r�umu°m..� ��md Nwm@�N�. ���m°u• ��"N�� �N�..."m N �Nu�.Nm. 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G.......�msmMss;s ddtms�tsu11.tmwmisssh�sN.Vs...s�9mm�MWsmmsn.;. .......,, IIsV �csHdSsss ,s°�smm mssd ems....msdssmannsdsmsms,sstmmmddmsn mdsass tags ddmssrvssda s:,nbnm4trs,d st s s stdm,ss°u r mnfu ~sen d des s u:,s � �sM ns's'dsm .,td u s d ss s en s.. d d s m, m s .s rs is tsps ss dm �rm mws..mms m t dsms..m ums d.ds srs..r ds t sr th-a the-dai t dat mtVs�� m rsmsmss�s s�nt�� m;ms.mtst mth Ws �t ...... t�ts ts..dsr�d�dsss�..d�s°asttm sss�^� �u��ssst tsstV�r�"nssnrrs� mmr ��s tsm�t�dmstt��..td��� dsm�td�p�ds �t mmt tts �sr.ns�t,sm�d��,�...smt�trs<s-��stssm��d.,,s:�ss��sm!ms�t,.msn.;,..ntmsm�d�s �,�ss°s°spud smm.smud"s turds��- IND XE: 1 ..,� 4''e, nfik)n. rA'Ab,wn -nt-thlat". 4lten (DRITT'),ents- p° aUb pfe se ntafie,n uo 0.; - t ac;t. -- 8,Cif �U' w l.,.W„411EW ,....m..r,i--c . fe) cr) --p w,(,w,Cl-t,p.O ilglalp -Bdy-, VG, a�,•ppp��w~a° �w,.�� d��.��Uw�� p�a;���.� w..�....��p-�u����,.����p�w����-��'���w��:�w� �p°�� w�a�w������ ��w����d....k 2 0-1 494 Pubic & ot.Ge..Meetin, the ugJsw 4ve o'l)a "Revie Vlf k4g[Oative body ww waw° - .ww'w froii her ccmisidwatien-c)f the -legis al w w.-A wN w w wFw r pw� p� w p ��w a llp adopt rnemde... ..c(,,mGlu Www' r; t'l646, -Appeal r al ur s: c - a .- .. t, h o4e,%wws $a ti b0-,dy,,7 �d�w'mwpw �pw'w-� wa-w-�w wwK w w«� x t Gbtains UN t purpose, ose, of mvj&N of the w-ta est ..4R`l appoli t ha 4 Pu *-Je tm�-Payfar uta a; d artnGe,q 4fi tw;,t of I�ta��;� tta �� � u�a t t t� �Ra�a �u trrvu a wu��R u,a � �tt���tu tau �,�tuuatt�� �uw�ttt u��� R � R, � �u t. u R u.t t umRt a tb tuu R N;t t .ut tt t y..agire t to...� 996, R . a ra.ie qct„ 14"1 PliRt uP ctf au), -,a pfafaal,u says 4)i llutN t Ruu tt for shiJA the-4,aft, ... P'llr exacl'utW�Rtt a tRtuaRw,tttwwt PaRu:t�Rtw:...Yi trtre,m,t aaataua .,,UM°)unRng Chapter 16.08 APPEALS Sections: 16.08.005 )uirpg p....!ad,,Ali. N iiJll 16.08.010 Consolidated appeals. - ...._..... �q wV .. h.grg...:f.iled.. "1 f� 008.01 Murders of roof, 16.03.015 Definitions X10 m10118__A ( al of dr k-ij sir tiv of �icilaI' deci On 16.08.020 Open record appeals subject to review by hearing examiner. 1 .05.0 f ww Atl wll a (wtlh awlhn Irk.I ...p p.N ..ner'.s....degUsl.p.N 16.08.030 Closed record appeal subject to review by the city council, 16.08.040 Judicial appeals. 1&0&050 Effect o .� 1 06 Actions wc�f�� �tl~1.t�eaN�i1C M,0 mm 06_p mri rlfj Li ili!Y �p �...................._..h .p .__ . � �� . pp � _ m . s made under Tlhe ur ose ofthis dha ter us to establish the ceiJ uarw�s ora p Nir mmpcisrons made n er thf-jrr nisi—or rs rpt Gitl'e -14; #I!a- 16, line—1 @..gCLd f, fL qpter 6,88 of the Yakima Municipgj :[he Lo rp rna also be used for an other matter where there is an a eal o p rtunit w r1d thf)r c rti ra gf Surf pai1� set� m fned �is when in this Code, 16.08.010 Consolidated appeals. A. All appeals of project permit application decisions, other than an appeal of SEPA determination of significance, shall be considered together in a consolidated appeal and shall not be separated from the substantive matters of the application. B. Appeals of Determinations of Significance under SEPA, Chapter 6.88 YMC, shall proceed as provided in that chapter in an open record hearing. The purpose of this early and separate appeal hearing is to resolve the need for an environmental impact statement (EIS) and to permit administrative and judicial review prior to preparation of an EIS. (Ord. 98-66 § 1 (part), 1998). 16,.08.012 Appeals—Where filed. &IIV ppgalls authpri-ed under thpvpIpyi ions of u l L4, I tle L5,, Title 16 andwwghwgpter 6.88 of the Yakima Municip N ode, e ept�I dii iaN p . lsS h H be filled' wotIl'ti...th divlsuon. The diiyiislon haul tiru°d°r tbp fllwa tErwpipr�mmtr raii�stcstdy1�wG scldaalr ail..l1�16m�ru�rw. ...- .. .. pip qde the r quiu.red.,apttflcatjo,n ictd aw -11t i!,1 coi.,1r1p;ie records of all�1� M N�eq irk.. s unless other itsfor in ttis ChK)Lef. 16.08,014 Burr n cif„�roo Ihp gppellant.shall bear the burden to a �rnonstrate at least one of thefollowing, mm_ ....Thi decision-rrrak if s_11:ie ad ini is twiw o is o V orwh�anil,lU:Lxg lwgi f exceeded hisor her caro ctL tagn_ or Baa„athod 2.,. The deca ion rn kpr failed to follow ap aVwi ghjg �p� duff i mre ,L g the decision; 3. The decision -maker committed an error of la nd/orW DOC. INDEX Vim.„ w T htnrA on nn k u.r arLgi isions or debsionn pLrc gr IL)y fl,iie decision rnaker are not 1116,08.015 DefiinuitIN u s N u �i .. ..... "contextd ........ ` . n qtr" tVnifigri s urn this is sect ��V V ckN�N ,�„ !NhP ���,mghput ;ti,ii s �.�;an r the, n nr n r nAn r n ..... a Adrn4ilistirce five official" Irnea ns the. dull grnar�ir trr A� .n...f Yakun°nun�����lr �� ���rnI�ulrllit. f state n .,. , w��_o ubdivi� ,iron thereof "Person,. grieved" nA.Nrrn)Li nha rectly OPProvall denial or worn gLit n(L N°) EwrnmR.,.or,, i erson who is dire�IfLe c to a decision of ntmm tue f_._otu�__... city..councH. _..._ rpeans the N u r:rn.rr a r„d� 9 n, Appp'l pq aecli u n made Ilb the dm ---------------a fav f ciaN .:: Hall'.: trq°n q°nr rnrnn� Mnrn.n�. ° wN,plr rnt' rneansrw_pgElpitnanrima rm Gl rmN kA mttn YakrMa Mlunicipgl!.megqgIIlpq `N µµ Ii Titie 15 and w,�lln�n o td a owi n ll m � tq n� �un��r�t..Vjn ra omt I� the autNnonz rac rnN untWttn owner, r:, '°wDjL,4!jjig_ '°_gL' II )ivi wwliglrn,” rnpai� �..:th cuts gf Yq ilea j imt...of Cor ............. _ ort,. u�nlr�u..... � � IIS .........._.. A,A..rn�a B W n r m racN wwr nen rn Wtln�r I' wuunr rw t rnu�rlciL n _ mm " � nr a r.......rnea n t nun directorLLo r ornrrnunrnnt u� r�dun f!L(a ntmramr tnlr or her desii ru ,. d rt fmt r� raruN mea _ 1' nl n ...n li rat t _ n� rt r ..rn n ren r�rr n t r rnrrn: n . d uanntffied attn n qr r Edd avada bl � from till Yakima Ca nNy �n � ��� � Ann t G� ���t ��Nnr�I 1 owner of the _ r h A t..A n rn on who testified at the rspgnq � nrN4 n�rN lig n jri ngl p tlj qpplicatnm?arr,and/rnrIn ..t r nt r ln� submrnlittr ' writte awcoirr n ent ..dUriELq nt�a�unr re Nafiv � review mm..rr ~�rnth n mgrs Lgq!nnreu m nnrr tr nr nc nu:..ln � mLrb- hitt d written, on"HMIV r ¢,rn� rmlunur act tln nab rinmr to a� M�nt, _. rn na^s r`s rw rear a^ta � n`k"slg .� rum ^�u lr"., V raw^d^�flu � nr^r ,�r�,�r ^,wvUn .ire , rs zxrs, r-�rtiN,� ,,.+r,p wrww �d� u� ws f�r� rr� o"fio M _.... a . m m_..._. _.._ _, letters) °` ersolUn"' ern nuar1� a`N (.��r"D!j�i.�rpK11 ,,nn 11 xzqd.Nejy, finrLn r atnnp OII... as well s an individuaL a state andall'.t��n�gt�cal urrdivi nr r) of a uirtn u�n� ar.~�uz��git�kl"nu�r��. u u trn0-goI rµ qpj ,,.p nt`� �a�rn�� tru nnrom�n r�. ��y�6 is t� orannwrt w� � r rd gr�rrna,anruITt�a..�c�n_�uAnr��wu,ll,, ._ . n�lC'rnrt nnnrn there tntmis mndnGnraniq°rn crr°n9 rggr twrn 16 08.01 _ p t@Ill f tghe I urn�liirmlii fur ttve �)f,ficIalll" �i Iii luim, 6., ,Appealto the Heai nu r"niin r ..F a Ttw as of hrwise mArn^w ill q, Prly 'n(l,( r r cin N � .N '. . w � _ '.�W... m _. � official ren u1 lctnn n of r r ord,_or r r .. lrrmr 1 nitr to w ? ww a �,r n rat the cqn nnrnr tr atn �K ... rnnrn, err ar r � N t u, nun yto the he an m r�nrr�nrn rr, ppm 1 �� ed _ hiiun fourteen day§ fgVjo wrn the u� uuuu� .�G tl� m�uwr41 11.3. II NII sll h�lll � iii wit __ r a Gsic pn icy tkre �:nd Ministnrntinde cia w e n n :" "..._ 1sqhMI The filed with the division. .. If. a f�n�aG (Jecision does rant r��rli n_nr r n lllung,th�e ap�l _ahaIN be Ned yittaan fculrtoen d)(§���llln Nnnrn the issuance of the final decision. ... ... ....... Shaall B in n.uructAl 4 � 4 ,wn Ne c,Nq � rt t� lc r r nrt fatm dry d d : ff ranmtnrrea k mai!,)d lull lmn an nl hrld i f N1 r uu1r . tr yr(,teed. thq ��pl dMp N t f, .,s, ouldmm not G w_ lrrrwncnrrN to tllw�" Gd ga G�twtrye bodty or a division mL the..6Ly_1 mlVm )pp"�I� LaLl �twte VlyM u .......�.. ..� _._... as ale " c. t nmt e considered amm�d�mml:' tt��n ar tuor� kreinc ptrw"glpr�� �1� of rpd pr � ._..... ...._.._.� is not mconsistent v ut 6pu r n u ions def the Yaki'rra u!rb rz ur w�c r�rfsud�he u�d�lWw�d Wt�G��c�� n�nITu�IT Iu�le: r o pE p.. _ � � r w r l d�@N hal Iso am Gn d sworn t t nienYnt i��� I t e �r r dliant has ....tl nd:�n lrpvnuorns of I_.M� read the aioneaI and believes the cmprntents to be llru,mllllsyya Ib tl� pIGw,g i'adrrtwGwtww. D. (Notice. the dnvision shalll:: ._._.w...,..,.,........w1..w.w...,......._.._....Sretrasorialbebime and pj for rmg....p�...t.S......p.?.!-and ..w._a . Il1rovWe a uratic of , L�gbpu hoarirjg tai the ofd cuallwwhos.�"...decision G d upp r� al d uu li l pnt�r ntutl d tto en, to r f th d cisrc��� qA�r ludi )Cl gscLa Ig dah pn.p.p n y frnd cnn lmu kmuorarnl tN G gofice t le ns kee n ciay �d c° k k u ap a is a E Fra.insfor of IlR cor "Phe officer frog nwwhorn fhemappaal. is_b6taken �'WI forthw th transmit to the h r!`!Lt± exams der all the records s :rtary niwng o; the decisionw bei �er�" kg�td�dr ?Gt suchhp ftnluonal„written rg rts h or she deernsd��Clrne�at. F. Staff Rep )E gt pcau L BIgp l 0 tai r1 1 and tr n m tte l tothe whe rin exarni n r all rj yynth the record in accordance amnce withthii Mgh ler .tlon_�LiL WI e rang miner, F'estiurn ujy'U rin , tl1 � n.pgaI shall Irµ„lar ited to those -o"uu1t atedl erm Yn p r d l .paw t ori Tlrt w G wrnr g irnurn u:.. shall render... written decision n _. _ ... the � g _ �. t_ s t.tn p eel within ten worlhuu�g days Nii¢�lr� t�sr” pnrl�dursuon,f�f t,h� #�orat"a..�_�ron�� a�_1un�o�u�..p�nupod.Pdmm rrrrdlte Gly dry d t _Idap..l nnhu tg the ..app aI and the exan liner, 'rhe lnr*ar'"19w nh"n r a w affirm: or a y rw"f� ,,w hgHy or, AprIle oirrqqcJifykl'°ie oirder..ce lir it rnt deco ponyor, et rminwat' wnrC to that end, Va IalaaN avpa IG the .prawrd lbw_gf.. �e,oftf cerfroan whomownmthe apl,a� �Gm as taken _.. �h division shall. send co u ��r�i���ewwhearin.q �xal21inq[s decision nwto the pell„pnt, th,�m Artie of f ecord and ..the official) whose, decisioln )t ale mot Ba er ttthanthree w r�dirr��a td I!pwirlgi the issuanice ofthe9`angI rtod nsag... H.mm_..De6sions by.pi�lUn .u� e.._ tma mITekh rg proy� n sll p nf �m epe pgrww aytd e lu aarw�.g,..�xarr��nershall be final and conclusive wonmmall arta wrurll s .ppa Ip 'w crwG np Q pn N trr�d wmbody ur gamur!.Jg.jl is n; 16.08.020 Open record appeals subject to review by hearing examiner. A. The hearing examiner shall hear appeals de novo. An applicant or representative shall be present at the hearing. In the event that the applicant or his or her representative is not present at the time of the hearing, the hearing shall be canceled and rescheduled by the planning division with appropriate public notice given in accordance with this title. B. Notice of an appeal hearing shall be mailed to parties entitled to notice of the decision, including posting of property and published notice. C. A staff report shall be prepared, file transmitted to the examiner, and hearing conducted in the manner described in the appropriate ordinance subject of the appeal and Washington State law. The hearing examiner shall have ten working days to issue a decision on the appeal. All decisions of the hearing examiner are subject to appeal to the city council. D. The applicant or property owner shall remove all land use action signs from the subject property within thirty days from the date of issuance of the final decision or action on the underlying land use application. Any signage which is in good condition shall be returned to the city of Yakima planning division. (Ord. 2016-030 § 15, 2016: Ord. 98-66 § 1 (part), 1998). %0&0 -A eal of the hearinge uiryiiner, s gms_i n, usnr�im...g glhgay- pariir g9 ��irn� in irmslhallll be fiiirn 11 n con llusiv : uNess ......�� ..pa s,... ..no ec. ,i -f -r -g g tryµ tgno 6ggir a v body LL a ppr nqn, gr r r .tt a..lr n rt izr.y.p fl .p i iii.green in e w �� _e:...� hwtrnqurtirnr nnnarnru...iW f ......w_. IC tie a, q d pun i um n �u IT ull a orad C ! wr t irn n ofice...of..ppp ll u Ih IL M up uc ai au ii a o ka u�,o a c t rr� w � kni!��mmd. b t tl:.r 3j: j g! .- Lg . withuidi tsaur n ,.frp�i mtheand toq�mawiLhi� oaf t!l , amarnineir's finall de isk)imµv. mmm................._...._.._.".._._.._. .... .W...t - ............d errors and issue s that the m. rnotnce o afsp as s E� s ru of w h gIgi..me.........................�...� .w�_� �L__,� .t e ggr q i a t..k � u ma d a r rr. urn li n_c p .q.ap d t pglm inp q � tlN tart I1 grpUnd fairy surto ip -, L_ IC, ui , aam p grn 1 a p al m aupw not s idendfi need not The ponsudeired by_ be lggislatgve bob "The notice f_ q sMLunCkjde a sworn statement that _theftp m.Vg0 , hgt3.,rea the W iu �t i .1nd IbeHe the: ntent t t� mtEm todJq qd �� t��n�� a q�gc��m ._ .. _ _..... .. Cit y_gp nrvn H shM t1par api Is of afl decis�ons oaf„the heann,, m p�mr� r- urtrnc� p g Grp y nngr... Ni ted a �pg.. r r a r t.. a ngr N qg n i g ra nt, a rttloss pips qu g . q�mm a.6f.42Lgaq arc gg.dUire.s .__Nofi(.,,erpt ” 1.aa.._v Noficeof.F:`Red p. � pgannip.9. d��n nc p q�...p �H tqn m p rtie rpt record crudpt.tn li ui rli n mr ppeae ���c"1�.i.. '�'��i"p....�9fle ,i,1d t�"1cnt....�.. V � tw��l�w�b tr�d'wC�� � w�ii_,�I14� _. , .�irwrmrrtr�ril: o a^)ernorandur f ut grtip ... orwnp r Cirvg..tlnr�,.noti f pq�eal nrn n-ittr rr rr - r1nrt tm ,,pbtaitied from the di sio n� 2 Content of Nook q aped , t k � ..��.gmmo�e�tug f� pp wu�tup �� aha ord and ppellUgir�tr shatl.i contain the follr rua�ri,��tat��rtgnt�i��gl�artienarned in the �np��c��l e��mm�gnr� �w� w uITri�el exa rnjui,or�cgrwxi isr orr... jshj a tam re,�3p rid to ttwnwpwp ri T u mlh irnut a wijtten ara ani npunt o rner°niorMurlrnrn—to ffi( ,i rtu 14 -ye, body,lti am tlnyir r i morin k n a to that n ttnownotice w it n nn� ".fix. rrnrtm rn w imttt in_r�n qn LLri : r r ui t rnorp,at �rmnc��_ �,d�irnR not ing a (e tq� ,pn ga-,! t new ievi ernampmmand shaH bbl based or1jy..qra2ar jL�i t�i.(j ptesentgd tp,., 6ae�a g�ffltnie.u:M %.n SubrriittaV of r r lwc uww u41wL1g4)t oir q ler'nor aridur , 1 w�... The pian irtig rnripIt rntt to tlhne ll�n ruga , grr qae dec° born u.:...0 r� of �...f� n��.�tnlg�_t� division r_n.tten ,' _�,�._,n of aunCl r rrt, erthuiut arr uwritn rbq u�� crn� rnnr n �nr��l nr� ........ Y,hir( ..wd n wrpt l r rtptt r r nr rlrnr�1..ui „ ie nook �...of a Med qpp ..I':. .. u,., _,.... Rebuttal to Written�Ara��u rrod i�� Itfl u�oir in uirn..... ��am� a grn��don f t1h tlliirt ter subrnjssson apt�wri t, r rC urnent aril ray,ILie narn "'d in tl"rpm�uu2LCII eft the I�nearir �p m��m n nnu n r'"; dcci iw ru��tmmr�l FA,,at their x pmnpp . ?a ..�btainmm ca ue~smr�Finamn sr,uch sqbmissions., and shall bemprQ-Yie ed a mfiftememrn d� .rpd rtt�al p-.riod which starts on the t.hir — 1�ws� t (;�-I � tr r�lr� �Wtl� date of rnaflAI Iu., L t1g. Inotice of the _filed appgal. 3. Extension ofT ime" tear Written d�r�ent aiq I eameyrainde. ... � � authorutl irna g thereafter «�. e� uvru yin r uu�r�rnt sir meirnu�u�ain uam mm.� si ubmltted exce ,t Ila the le lslative bcd "s ir�vall of uvirltten re gest fear arr ..._...............................................................................................t�..................................................................................� �......_.............................., extension for caUS,E> lr e ,rests for exteinsion irn ust be irnade no later thain the hast date the memoranda woulld otherwise be due. www awa��. lb lrhe Ilea isll tiivq bead r a „ r Q fufther extensions on a findingjbyj le e r lmn trve br eam a thexistence of exterruatOR.,circumstances which warrant such xtensiioiri(s).:. mm...... _...._._.._ g pri [ uLUIrLng_ n extesnsuon a nod e of extension shall b � iver� to H pki i f record r nd III() gotice shall include the statement that: "Written ruu` nrnrr rzts rdr1uuirrd shall not �rueil�ue the tuutroer rluur� r�ewr evidence and shale be based mmmo oni_ kNi"e .f t resentedmITt ITth examiner." D.Transfer of Record toIT Le ii tatii m Bod . l gEj_gJMp �pq eall has le n Milled and de a trr e; or use t pf arrlfte rrr nit rr e ratinrfa ur t' urrnuntt rTt w m lw w�lww ten a rrwS ti e . d tI division shad deliver ;to the Ie i l��tinr dAygtj?y of t 8�ee aptu rer°s Jgg nsa�rr tl re eyrde n qst tg; to the exanjnLr, are q. dome; raf tti h r iip V.a for tI°7e i-ni ,r uigAi2K .'ott n LnrquLnj ri!.ar mernoranidum of autho L_ hi h ttie division hmas received. E,....... _...... missed b th..ut....gouncil if.:. n a eal shall.be dls.��.�....�..._d.� _..1 It is,fiilled ll y . it )L vwlthe�uut stairtdiin� tea app?all- w ?, ww .The city you ncil does_nolt.have url d�ctiion to h ar th lull p �.._3... It i not time l full; ...........TIh ._ g!.fees remmriotITtlirr�m l ..lfa �d�and/or _. _ . . ...... e;eaeair. 5. wwiith tllwr .l�f�a� duwlre,� ,:met forth In these rules. All motions to du`sirnlss a defective pgg2 �h��l�i 4tl t rnthrn tutteera A l ��� lerrd�rn et a? f�rprrr�t�6� �., .... _ m,�.... fiillin . lte: eaf hi(a� eU. 16.08.030 Closed record appeal subject to review by the city council. . ,tie*ktirr T t o l arA,Mrnql a Wirralhe tre _.. ,w e A penal e t :. 1. Fleariina trate. When the record and the examiner's decisions have been transrnitted ,to the.] -,Sjrsll��t vc- lao ty the clerk of the.l gtu l t d l ..w I rill a 9a ft�ml �w rp t for a..closed rr ord._..ppp al., Y.flnpw..I g',I try k�, d t, which ,fine theI usWiv ,LLbrad h ll. consider the„appgq „The date of thaw,appeal ghggld not be later than tvver7t de fok,Lvin .tile qmg tITf s �dy, � �� _ .. _ u n the divisueaLi crnle�ss mm._ ��. I r r tatry be�nl to rve s tim e rfute�arr.. - - -r trear.�� .. --V: .i _.... rrffpwprutdatu r�w„a. e at�e�ca,t tlr LL t cn, wtl�en arta t ttwf� �.fp l.m _...........w_vr._2, Pu biic....INoticerhe cGerk of the Ge s a bod IhaH irnaH written notice to the aP_P,_Panl._a.i.G._parte s inarned in t1he arrpaaG u r Ih iriimiru it �iiii µ ir" ecii iiol ..aIIV..J� rfnc f f rµm qq!� f _gid thaw examiner to _ppj?rJse tttgai of ,...the riieetµrq.r �a�µ mks �ce Lbg, Iiifiv „ r ear'trµ,� a iiq The city council shall hear appeals of all decisions . butt ter stn to kGtr t ntd by the hearing examiner during a public meeting or a limited hearing for receipt of oral legal argument. St°.. A complete appeal application must be submitted prior to the scheduling of the council meeting or limited hearing. C. The closed record appeal shall be on the record before the city council, and no new evidence shall be presented The_c ty...aw�Vi a . bpjL ypr..wchoose..to do a site visit�a it, t i:t review. The record shall include all materials received in evidence at any previous stage of the review, audio/visual tapes of the prior hearing(s), the final order being appealed, and argument by the parties at the examiner's hearing. D. The appellants and any respondents to the appeal shall have the opportunity to present oral and written argument. Oral argument shall be confined to the prior established hearing examiner record and to any alleged errors in the decision. Paint tLmu n ffie mc1losedwwwirecoird Ih rarng�u 9uirxluf f*d to fltr city. iiirjgjud(g .qIl.. tgf tl e. ,icllur aunt for the µ�� ��� ��� µam iectwwto ap_pg at, and mithos pt uc of or erifities which have t t r efIt w iQ,,Le,.[ alli apµ �G r� IT r re ran ' E. Following the closed record appeal hearing, the city,council may affirm the decision of the examiner, remand the matter back to the hearing examiner with appropriate directions, or may reverse or modify the hearing examiner decision. t teu.rrro-,tl•&6tttaGtsrrf�ufr�irr anritrr°s a euut�tot utou.If the council determines there is no error in the examiner's decision, it may adopt the findings of the examiner and accept the decision of the hearing examiner. t the. circ c rfr it renders..g..deci ion different fromf 'i'n d ci ii irr.....:f the G .....o._.... ._.xamy....cou council shai.p_dc t amended fuindin s and coirncllurusions accordlin. II .Ord. 98- aouµrncrr t e c.... ....... ...........�,.....__ _. 66 § 1 (part), 1998). �. The city's final decision si afl be finalandrrciusiy Unless ..rr�,a, uy ,� b appealed by a party of record with standing to file a land use petition in Yakima County superior court. Such petition must be filed within twenty-one days of issuance of the decision ,li,µ,d,tht; ra iru�mm kn tG tt�il n to wee uirerne nt w as provided in Chapter 36.70C RCW. (Ord. 98-66 § 1 (part), 1998). 1 ,,08.060M E f ,ct� f ads• t iilliiir cµ f uro... 1 m G t r;r 61µ actions....ofm the administrative....offici l off....... ii inep µµdrµ �p n iira ._.... TOV mm .........._ _.e o �.aw.n , ,I yj �.__._ G)e[rr a enter 111611 t t r' runt asona t to action or,c r iron._.. w.:..9� ..,,. tiil m cwt µµwµ t�aiw t nYDtreat igy the effectiveness or effctive daite rpt army enforcement a���nen action or bie r iwoq''i fol�,w� i iatioi,i f tl,-ii n trtl in'ic n irn�mr rrc rml9a sons am1 revocationswlf1)errniits..or � ?rov2L 1'..6.08.0160 Actions 119t anmaGnbt. 0 n aeneral[w _ pr�nymfimrLµ actions, or dedslons of an adrrnnrnli firatnv�twofficial or other official r��. w.i ; Eqpcis l c�munder thi _c ifgp�� �;�c mm..r�.... �..w k Procedural l rw flnci lnitef'i �w. p L p: n�n,�ral rnp_m mther int ns �sm�nn�r� au_�; �� t o reviewo (Je i^ ion it palcnirn to rn d N�nnstr fuvc�.,.or other r�ffir iW girroder tH �iitlle.are not �rL l lbs e e de„fat as rt ct lne final „deds n or acflort,. C. Il:,:iInforcerrnernt Actions. No enforcement action for vlollatuon of Title 1 Y�nlc4na l�' a nrcp rnp r�rl!'e. .. .................. ���........................ ���...., . u n m p me vncp �c in YMC..Ch Vit° o ro �r�nr action �r , � .j li i� irp of a arirnuim c� iia r crus uu al cr�a#ucrn Ila B:�n a�mrniiirnn Lr dive offucnall or c lrfler it a a it l m mll w... . , ,. ,,. y r ..ter_.�. ...._ r' c�tt�r (.0 „p a a �� � is under t o a p� n� r � rar nKnlN pn� .o �2. tgnder tate aw l rb c of, ?n). ioir rneiirtfmmmrti irwmmcorrg nernc�ecj p2 gfly..t)aC! 1"n a court f laiw,. Staff Analysis: These changes are proposed to consolidate all Appeal procedures into one place (YMC Ch. 16.08 Appeals). Previously, there was language in YMC Ch. 1.43, YMC Ch. 15.16, and YMC Ch. 16.08. These changes provide for consistency throughout the Titles as all appeals now would be processed under YMC Ch. 16.08. This also streamlines any future text amendments as only YMC Ch. 16.08 would need to be amended. CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SEPA#020-18 EXHIBIT LIST CHAPTER D Notices D-1 Notice of Application, Preliminary DNS & Public Hearing 07/20/2018 D -la: Legal Notice D -lb: Press Release and Distribution Email D -lc: Parties and Agencies Notified -1d:Affidavit of Mailing D-2 Notice of Retention of DNS 12/13/2017 D -2a: Parties and Agencies Notified D -2b: Affidavit of Mailing D-3 YPC Agenda and Packet Distribution List 09/05/2018 .._..._.................................................. ..... D-4 YPC Agenda 09/12/2018 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director "'AM 11W 1'1�aii-ining Divis�on aming 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 PUBLIC HEARING City Hall Council Chambers Wednesday September 12, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem Council Liaison: Jason White i PlanninStaff: 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 August 22, 2018 VI. Public Hearing - 2018 Text Amendments Applicant: City of Yakima Planning Division File Numbers: TXT#002-18 & SEPA#020-18 Site Address: N/A Request: Amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16 concerning the sign code, Rezone criteria, Accessory Dwelling Unit standards, the Modification Chapter, adding a definition & land use for Taxicab Home Occupation, modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, and consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. (Additional Information posted online at: www.yakimawa.gov/services/planning under Quick Links) VII. Continued Public Hearing - City of Yakima Wastewater Division Applicant: City of Yakima Wastewater Division File Numbers: CPA#007-18, RZ#008-18 & SEPA#010-18 Site Address: Vicinity of Highway 24 & S 22nd St Request: Change the Future Land Use map designation for three parcels from Low-density Residential to Commercial Mixed -Use and rezone three parcels from Suburban Residential (SR) to General Commercial (GC) to enable a future proposal for a low -barrier homeless shelter use. VIII. Study Session: Hotel/Motel & Extended Stay Hotel/Motel Uses & Definitions IX. Other Business X. Adjourn Next Meeting: September 26, 2018 Yakima 2015 1994 C 2Z. YPC Staff Report & Packet Distribution List City Planning — 2018 Text Amendments TXT#002-18 & SEPA#020-18 YPC PACKET: Patricia Byers Al Rose Bill Cook aqLbyers9QL7@MOornSLilvrfx4Q@b�t Cook,@charter,net _ �mi.new a a r70_4Q@Rm_a0.-.cQjm Rob McCormick Jake Liddicoat Leanne Hughes -Mickel rob@mccormickaircenter.com j4.Kg.@3_dya_1 Limaxom lea tine. rn icke_[@!j�q.,q�rq Philip Ostriem Jason White (Council Liaison) Philipo§jE!,em@gm iALl..com JasonWhite@yak maw a,ggLy _ Date Distributed: q1611 DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#002-18 & SEPA#020-18 City Planning - 2018 Text Amendments N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Retention of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all parties of record, that are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 101h day of August 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist Ahtanum Irrigation District Chamber of Commerce Department of Agriculture Beth Ann Brulotte, Executive Assistant 10 North 9th Street Kelly McLain 10705-B Gilbert Road Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 Yakima, WA 98903-9203 charnber@yi!kima.01r9 .......... kmclfgn, agrW . ...... . ......... Dept of Archaeology & Historic Preservation . Department of Commerce .. . ... ........................ ............ . .... Department of Ecology Greg Griffith or Gretchen Kaehler, Deputy State Growth Management Services Annie Szvetecz, SEPA Policy Lead Historic Preservation Officer P.O. Box 42525 P.O. Box 47703 P.O. Box 48343 Olympia, WA 98504-2525 Olympia, WA 98504-7703 Olympia, WA 98504-8343 seg ra gaster-01pamgoer sJ?"P.Aq nit@gKy gq-y . . . . ....... ........................... Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear, Regional Coordinator Eric Bartrand SEPA Desk 1250 West Alder Street 1701 South 24th Ave PO Box 43200 Union Gap, WA 98903 Yakima, WA 98902 Olympia, WA 98504 !@ga-7v ' LC.4,mun40 mgspy KPAde.AKCedfLL.wa.gqyS tpqytqes Department of Health Department of Natural Resources Department of Social & Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia, WA 98504 Olympia, WA 98504 P.O. Box 45848 Olympia, WA 98504 .... . ............. 'WtLisnicla Lr-Qlsop LaUtks_. agy Energy Facility Site Evaluation Council -EFSEC Engineering Division Nob Hill "Water Association Stephen Posner, SEPA Officer Bob Degrosellier and Brett Sheffield, City BobEngineer BIrving, Engineering Technician PO Box 43172 129 N 2nd Street 6111 Tieton Drive Olympia, WA 98504-3172 Yakima, WA 98901 Yakima, WA 98908 dan A Revg@yAkiMAML ............ .......................... . Office of Rural and Farm Worker Housing Parks & Recreation Commission US Army Corps of Engineers Marty Miller Jessica Logan Seattle District 1400 Summitview Ave, Ste# 203 PO Box 42560 Regulatory Branch Yakima, WA 98902 Olympia, WA 98504 P.O. Box 3755 Mg,rtyn2_@qiPwm Jessica, IPSAn Seattle, WA 98124-3755 ............... ... ........ . . . ............. 1 04. ----- . .......... Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts, Asst. Supt. Of Business & Paul Gonseth, Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima, WA 98901 8902 Zier Road Union Gap, WA 98903 rnarcxawigy'ctYALIR�k kagqy Yakima, WA 98908-9299 awa..,gqy .... . ..... Wait' _Wv� - k '92 sqkQ -grg . . . . . .......... . . . . ............... WSDOT WSDOT, Aviation Division Yakama Bureau of Indian Affairs South Central Region] Planning Office Patrick Wright Rocco Clark, Environmental Coordinator 7702 Terminal St SW P.O. Box 632 Turnwater, WA 98501 Toppenish, WA 98948 ........ . ..... . ......... ................ Nlwqs'At� @�' Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey, Environmental Review John Marvin Robert Peterson, Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O. Box 151 Yakima, WA 98909 Yakima, WA 98903 Toppenish, WA 98948 tq4e_r!-P?!m m I Yakima County Commissioners . . . .......... Yakima County Health District . . . ........... . I Yakima County Flood Control District Terry Keenhan & Dianna Woods Comm i ss ion ers we b @gqyakim a-W Ryan lbach, Director of Environmental Health 128 North 2"d Street, 41h Floor . ...... 1210 Ahtanum Ridge Dr Ste#200 Yakima, WA 98901 Union Gap, WA 98903 Add5 I DIa LmyAmm On Yakima County Planning Yakima County Public Services Lynn Deitrick &Jason Earles 128 North 2nd Street, 4th Floor Vern Redifer, Public Services Director Yakima Greenway Foundation Kellie Connaughton, Executive Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Yakima, WA 98901 Ill South 18th Street velnj-'�P.A' �er&CP_'YAK �AAM� Yakima, WA 98901 Yakln)ag�,o ke 14 @) Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th Ave P.O. Box 3008 Yakima, WA 98902 Yakima, WA 98902 Union Gap, WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W. Washington Ave P.O. Box 42560 1200 6th Ave #900 Yakima, WA 98903 Olympia, WA 98504 Seattle, WA 98101 Federal Aviation Administration, Seattle Governor's Office of Indian Affairs Pacific Power Airports District office Cayla Morgan, Airport Planner PO Box 40909 Mike Paulson 1601 Lind Ave SW Olympia, WA 98504 500 North Keys Rd Renton, WA 98055-4056 Yakima, WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street, Ste. F 313 North 3rd Street 205 W Washington Ave Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98903 WA State Attorney General's Office Eastern Drinking Water Operations Yakama Bureau of Indian Affairs 1433 Lakeside Court, Ste# 102 River View Corporate Center Superintendent Yakima, WA 98902 16201 E Indiana Ave, Ste# 1500 P.O. Box 632 Spokane Valley, WA 99216 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Yakama Indian Nation Yakima School District Program Ruth Jim, Yakima Tribal Council Dr. Jack Irion, Superintendent P.O. Box 151 P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Toppenish, WA 98948 Yakima, WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick, WA 99336 Yakima, WA 98908 Yakima, WA 98908 Ahtanum Irrigation District US Army Corps of Engineers Beth Ann Brulotte, Executive Assistant Seattle District 10705-B Gilbert Road Regulatory Branch Yakima, WA 98903 P.O. Box 3755 Seattle, WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES updated 7.2.18- Form List.docx Type of Notice: File Number: 1 Date of Mailing: K i 10 DOC. INDEX — Parties of Record — City Planning — 2018 Text Amendments Samuel Cardenas pwa rr wcafl,zt grir;l V crrrla arig iia �a iigara wwl„µlt PO Box 9696 Code Administration Carolyn f1t 9_- I fin awa.s w Yakima, WA 98902 Code Administration �.........._. _.._...__... G1 ii,n l eririianeyaikrrila, waagiQAj)r°Vc ibptipaji,coni __ ..................... Code Administration Joc ,ariqsg0),yjakrmawat,peri Luz Gutierrez i -------------- ..._.....�....W............w_w...... Thomas Sudbury Cristi Taffolla 22S3 d Ave 213 N 34' Ave 218 N 281h Ave Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 .......................... Dan Riddle _ Engineering pan&Ice16i)1,ive caul In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyn f1t 9_- I fin awa.s w Glenn Denman Code Administration �.........._. _.._...__... G1 ii,n l eririianeyaikrrila, ............................................ Joe Caruso __ ..................... Code Administration Joc ,ariqsg0),yjakrmawat,peri Suzanne DeBusschere Code Administration Suzy L�aassch ali,�pin awa. < y _ rirpc i)a.,_ Vick DeOchoa Code Administration Vick,DeOcftoaaa&Y of rin _aw ,,,.,tca Joan Davenport ...._ uuCommunityWDDevelopment .laii. Davt.o_aport('"rr>yak'ttnal�+ wy .......................... Dan Riddle _ Engineering --------...----..........------...-_.� Daa,n.mRida fe{ yell<irn wggo Mike Shane Engineering wSara ('� 3 �a� % _ Wlk Bv a_wA_& „fir„ Pat Reid Fire Dept _ ......................._............ Pat_f�erd(��ryd�kaaas�awaa gaav .... ......... . ...__..... Jeff Cutter Legal Dept _ .................. JeIT, 1 sttert i�y�a#�ir"Ala_wa,,�;a Sara Watkins Legal Dept Sato,,aa VWatkr ,sr yai ��a�aw�►; fay. Archie Matthews ............ �_6MY§ — .. /i�cf�re _dv(tt��ewsayakdr��aavar.ov ... ......................_..._ Joseph Calhoun Planning Division .. irrsa pita C riN,1lraaiyal 1�'a�Awraayra ......................................................._............................................... Chief Rizzi Police Department liriripralra l tZi@6yakinaaw4 go,: Scott Schafer Public Works Dept _W...... Scott_` cli ifeiCt? �akrrn�aw��a. ov . — _... Loretta Zammarchi Refuse Division ... ......................................................... ra niarcpl,p,r1),N 'irtp,a%,v gr,+, Randy Layman ITITIT � Refuse DivisionWWW_____www...w�� l arae y,l rq apt �c ,ywaC rima a gray^ Naeem Kara mITITmmmm Transit Division ITITIT�ITITITITITITIT���ITITITITIT� Nae aa� K�aa,a���y�al�uaa_a�aw�a„p�ov _ ,__.— ... ._... ............ .�.._.............................. ...... James Dean Utilities ---------- jani,es„f raan@),yakrg;;r�,-awagr,v, Dana Kallevig Wastewater D4�al,Ia�y�i&)( yat�,ual�p� as �gla� Randy Meloy Wastewater fanny'1a.l'ciydltyal 'r_mawva ggv_r For the Record/File ................—...................................._._.... _....._._.................. Revised 04/ z........... 018 Type of Notice: t V U1 1`1 o DNS File Number: �� 0oz Date of Mailing: Maxey, Lisa From: Maxey, Lisa Sent: Friday, August 10, 2018 9:14 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff, Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Scott Izutsu - Yakima School District; US Army Corps of Engineers - David Moore; WA State Parks & Recreation Commission; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - South Central Regional Planning Office; WSDOT Aviation - Patrick Wright; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama- Klickitat Fisheries - John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Terry Keenhan; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning - Zoning/Sub - Jason Earles; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Mike Shuttleworth; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; White, Jason; William Cook (cook.w@charter.net) Subject: Notice of Retention of DNS - City Planning - 2018 Text Amendments - TXT#002-18 & SEPA#020-18 Attachments: NOTICE OF RETENTION OF DNS -City Planning - 2018 Text Amendments - TXT#00 .... pdf Attached is a Notice of Retention of Determination of Non -Significance (DNS) regarding the above - entitled project. If you have any questions about this proposal, please contact assigned planner Joseph Calhoun at (509) 575-6042 or email to we w < I �. u a u akirn awa.tzov. Thank you! Lisa Maxey Planning Specialist I City of Yakima Planning Division (509) 576-6669 - Us�ew� a nwayN.,,, Planning Division: (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 Sam INDEX w.a a DEF TMENT OF COMMUNITY DEVEL MENT AWN Joan Davenport, AICP, Director ph Calhoun, Ad= I'VaL Jose p lho oun, Manager Plannin g 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NON -SIGNIFICANCE NOTICE OF RETENTION CITY OF YAKIMA, WASHINGTON August 10, 2018 File Numbers: SEPA#020-18 The City of Yakima Department of Community Development issued a: [X] Determination of Nonsignificance (DNS), [ ] Mitigated Determination of Nonsignificance (MDNS), [ ] Modified DNS/MDNS, on July 20, 2018, for this proposal under the State Environmental Policy Act (SEPA) and WAC 197- 11-340. This retention concerns a State Environmental Policy Act (SEPA) Review of text amendments to the City of Yakima's Urban Area Zoning Ordinance Titles1, 15, and 16. The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Title 15. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. This threshold determination is hereby: [X] Retained [ ] Modified. Modifications to this threshold determination include the following: [ ] Withdrawn. This threshold determination has been withdrawn due to the following: [ ] Delayed. A final threshold determination has been delayed due to the following: Summary of Comments and Responses (if applicable): N/A Responsible official: Joan Daven ort AICP Position/Title: Communitv Devel'o ment Director/SEPA Res onsiNe Official Phone: (509) 575-6183 Address: 129 N 2nd Street. Yakima. WA 9819.01 Date: August 10, 2018 Signature: You may appeal this determination to Joa Davenport, City of Yakima Community Development Director, at 129 N 2nd St., Yakima, WA 98 1, no later than August 24, 2018. You must submit a completed appeal application form with the $580 application fee. Be prepared to make specific factual objections. Contact the City of Yakima, Planning Division, for information on appeal procedures. DOC INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: TXT#002-18. SEPA#020-18 City Planning -2018 Text Amendments N/A I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Preliminary DNS, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to interested parties and SEPA reviewing agencies. And that said notices were mailed by me on the 20th day of Ly, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lia Maxey Planning Specialist INDEX ,,I Ahtanum Irrigation District Chamber of Commerce Department of Agriculture Kelly McLain Beth Ann Brulotte, Executive Assistant 10 North 9th Street PO Box 42560 10705-B Gilbert Road Yakima, WA 98901 Olympia, WA 98504 Yakima, WA 98903-9203 tN�arar,VrryaNaraa meg I1' r:_. adriP.-A, 4PdA ,gy Dept of Archaeology & Historic Preservation Department of Commerce Department of Ecology Greg Griffith or Gretchen Kaehler, Deputy State Growth Management Services Annie Szvetecz, SEPA Policy Lead Historic Preservation Officer P.O. Box 42525 P.O. Box 47703 P.O. Box 48343 Olympia, WA 98504 2525 Olympia, WA 98504-7703 Olympia WA 98504-8343 8 r are rg.-! a vier sx 8 e .� 1 Ss ma, ?drr,Y� _ ww „t er ...................................... ..._ .m..................... .................... ,wwV�fr7'. CY'W gC}fi ,iwaN�4�-�e,4:'.Y;,mwaf;V . ....... Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear, Regional Coordinator Eric Bartrand SEPA Desk 1250 West Alder Street 1701 South 24th Ave PO Box 43200 Union Gap, WA 98903 Yakima, WA 98902 Olympia, WA 98504 eros#�cv�rdlrro ��pr�.�s��y �� ��aw rtrandrdfw sya. ¢a ��N�Adlt sjc�dfw..!�� p�v Scert�_� _ ow,n,es wdf w1gq Department of Health Department of Natural Resources Department of Social & Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia, WA 98504 Olympia, WA 98504 P.O. Box 45848 j=gooppr&Lq, ,.wa 89'x' s 4c rrl c rNYaror wry taw, Olympia, p 5 errm5inc6WAO985c04 dxirs wa (c , 4 ... Energy Facility Site Evaluation Council -EFSEC Engineering Division Nob Hill Water Association Stephen Posner, SEPA Officer Bob Degrosellier and Brett Sheffield, City Bob Irving, Engineering Technician PO Box 43172 Engineer 129 N 2nd Street 6111 Tieton Drive Olympia, WA 98504-3172 Yakima WA 98901 Yakima WA 98908 s�Osner utcmaa Row darraka I'vCA skim 8cry LvtaNlr ftrt�st�hatlNDurat�r, �tf Office of Rural and Farm Worker Housing Parks & Recreation Commission US Army Corps of Engineers Marty Miller Jessica Logan Seattle District 1400 Summitview Ave, Ste# 203 PO Box 42560 Regulatory Branch Yakima, WA 98902 Olympia WA 98504 P.O. Box 3755 MArty,�orfP%.,acg Jesus, gogarr.fa�fks ur&i.,av Seattle, WA 98124-3755 __...... ._ ...... ....................................... _- Cawrrd-A- Gore sac,pc .rs jI Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts, Asst. Supt. Of Business & Paul Gonseth, Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima, WA 98901 8902 Zier Road Union Gap, WA 98903 marcr4aafYy�Ya,,,9ta nawr�,y Yakima, WA 98908-9299 4amsaztp,rdobgaa'v darra,kall 'C'WB ii ,yxNk.gB'Ytl, &Aoai,g_r�W wltts'a wvs4 :C38.4arg WSDOT WSDOT, Aviation Division Yakama Bureau of Indian Affairs South Central Region) Planning Office Patrick Wright Rocco Clark, Environmental Coordinator SClannin�wsdot wa J 7702 Terminal St SW P.O. Box 632 Tumwater, WA 98501 Toppenish, WA 98948 Wru9. PCOM _daC wa.g�rzv occ4t cla,�r,k ahra'ggy. Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey, Environmental Review John Marvin Robert Peterson, Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O. Box 151 Yakima, WA 98909 Yakima, WA 98903 To enish, WA 98948 pP 1 jrt�arvVn.Y..aikarrla cora! rotaert et,a rsr rtl l,2ktlmawa.,:gra,w ��an4;tlaa�ya yakam�a.�o�roa -------------------- HealthYakima County Yakima County Control District Yakima County Commissioners Director Ryan Ibch, of Environmental Health aS& Dianna Woods Commissioners we C ,m m„a , ; 1210 tanum g Or Ste#200 128 North 2d 4th Floor Union Gap WA 9890... akima, WA Yhq @� Y ak'umawa 4 t"airy Kga� rrrte-rpro ao ytrokirrn tl wa 4ws t1Nnrua %POCr98 �3c4 emktlm� vv � ups a � ry arv_ aksac�a�ccr..~eaaYclirara w�a_a._aas ......._. ._.. Yakima County Planning ity Public Services � Lynn Detrick & Ven Redifer,P Public Services Director Yakima GreeConnanwayFoundation North 2nd Street 4th Floor 128 North 2nd Street, 4th Floor Kellie Director Yakima, WA 98901Yakima, WA 98901 111 South 18th Street p,yrrrn Delatl rrkrzru yakarrr�7 wa us,Yakima, V�!rr redafef01%-yakmrra,aw�w aY5' WA 98901 yt�rr„�arlesCo y' akur'IJa +;wra, ar»r. - — Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 Join OhAkAmAMR4, M �qrg Yakima School District Scott lzutsu , Associate Superintendent 104 N 41h Ave Yakima, WA 98902 izuts.u... c—ot MKasc 'o-i ,Arg ---------------- Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 kI.e..i.t.ii.k,@wzi.steconpiect'�on,s,co-m Yakima Valley Conference of Governments Mike Shuttleworth, Planning Manager 311 North 4th Street, Ste# 202 Yakima, WA 98901 M kg.j DOC. INDEX # 'D- I c' MM" Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th Ave P.O. Box 3008 Yakima, WA 98902 Yakima, WA 98902 Union Gap, WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W. Washington Ave P.O. Box 42560 1200 6th Ave #900 Yakima, WA 98903 Olympia, WA 98504 Seattle, WA 98101 Federal Aviation Administration, Seattle Governor's Office of Indian Affairs Pacific Power Airports District Office Cayla Morgan, Airport Planner PO Box 40909 Mike Paulson 1601 Lind Ave SW Olympia, WA 98504 500 North Keys Rd Renton, WA 98055-4056 Yakima, WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street, Ste. F 313 North 3rd Street 205 W Washington Ave Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98903 WA State Attorney General's Office Eastern Drinking Water Operations Yakama Bureau of Indian Affairs 1433 Lakeside Court, Ste# 102 River View Corporate Center Superintendent Yakima, WA 98902 16201 E Indiana Ave, Ste# 1500 P.O. Box 632 Spokane Valley, WA 99216 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Yakama Indian Nation Yakima School District Program Ruth JiYakima Tribal Council um, ama raounc Dr. Jack Irion, Superintendent P.O. Box 151 P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Toppenish, WA 98948 Yakima, WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick, WA 99336 Yakima, WA 98908 Yakima, WA 98908 Ahtanum Irrigation District US Army Corps of Engineers Beth Ann Brulotte, Executive Assistant Seattle District 10705-B Gilbert Road Regulatory Branch Yakima, WA 98903 P.O. Box 3755 Seattle, WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 7.2.18 -Form Ust.docx Type of Notice: 'I File Number: EgI#' 020-k -1'g 5 f?A—A M ` Ir$ Date of Mailing: -x-20 — -7A OAA T6U\ G �\ e aNY\b Parties u. Record - City Planning - 2018 Text Amendments - m Samuel Cardenas 8, n erso91 @),.g!jjgH.com an las ffq_((a)&,iTlAal care, PO Box 9696 Yakima, WA 98902 gurn'�,� "Ir ar),'hotmail .om Luz Gutierrez Thomas Sudbury 22 S 3rd Ave 213 N 341h Ave Yakima, WA 98902 Yakima, WA 98902 In -House Distribution E-mail List Name Division j E-mail Address Carolyn Belles Co de Administration ..... Glenn Denman Code Administrationlen,at cyaa)p air, ,yal�tnt�a w g av ..... Joe Caruso _..... _ Code Administration ........... Joe_Camrr Suzanne DeBusschere Code Administration 5 aar�a . aaa��, 1)e.bussdarerclrr7 akimawa. goy y__.. �.�. �.. Vick DeOchoa Code Administration V.ick,D Ogho@yal; n alwg ggy Joan Davenport Community Development Joara,.,l) rli)pQypl��rlaaawa gpv, Dan Riddle Engineering Daft Riddl Ca,)yakaar).trv�a.g v �................. Mike Shane ..............._....... Engineering .. ...... M ike , ll�aa1eC(')yakinagwa ,gpy __............... Pat Reid ------------ Fire Dept ............. Pat�.ftidlai yakamq-vka g�L .. ..__ Jeff Cutter ..... ...... Legal Dept -. lc 11 twits akrwa),r a gtaa . Sara Watkins. .. Legal Dept _._......................... .............w Saaraa.Wa1kbr'u;Qbyg*jrnatwa_ y ._.......... Archie Matthews ........_. ONDS ................ Archie.matihe n ydakrJtaaawa g_a ......._ Joseph Calhoun _ Planning Division ...... ios9Pji Qa lwOAw'r yra_kumaw 99 Chief Rizzi Police Department p � ara;,cay Doinini _Rizla ra)yal�.i Scott Schafer _ Public Works Dept ....... ....................... .&v Loretta Zammarchi Refuse Division 1 lal ctta " �raraa c hj@yaktral.awa ,gjy Rand Layman w Y Y � � Refuse Division _ Rain yml ayNxaaaa e�yakaataawa. gov ..................... Naeem Kara ....— Transit Division ....... _._.. Naceni.Kara, ty) rr);►aw a_glty James Dean Utilities Jaaate, l) awa yakarl wa.g y _ ......................._______________......- Dana Kallevig _ Wastewater Dana, Kai lgyig y<an �,atla+�a. cly Randy Meloy Wastewater Raapdy.Me py@,)ya kinigwa O For the Record/File 4 018 Type of Notice: N 1 y�IS + File Number: - ?nr4��__f(� f JE"oaV—IU, Date of Mailing: t'? Maxey, Lisa From: Maxey, Lisa Sent: Friday, July 20, 2018 10:23 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Scott Izutsu - Yakima School District; US Army Corps of Engineers - David Moore; WA State Parks & Recreation Commission; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - South Central Regional Planning Office; WSDOT Aviation - Patrick Wright; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama- Klickitat Fisheries - John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Terry Keenhan; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning - Zoning/Sub - Jason Earles; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Mike Shuttleworth; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko; Associated Press; Bastinelli, Mike; Brown, Michael; Davido, Sean; El Mundo; EI Sol de Yakima; Fannin, John; Hispanic Chamber of Commerce; KAPP TV News; KBBO-KRSE Radio - manager, KCJT TV News; KDNA Noticias; KDNA Radio - Francisco Rios; KEPR TV News; KIMA TV News; KIT News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KNDU TV News; KUNW-TV Univision; KVEW TV News; La Casa Hogar; La Voz; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; RCDR - Maria DJ Rodriguez; Reed C. Pell; Tu Decides; Tu Decides - Albert Torres; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic Newspaper; Yakima School District - Jack Irion; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; YPAC - Randy Beehler; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; White, Jason; William Cook (cook.w@charter.net) Cc: Calhoun, Joseph Subject: Notice of Application, Preliminary DNS, & YPC Public Hearing - City Planning 2018 Text Amendments - TXT#002-18 & SEPA#020-18 Attachments: NOTICE OF APPLICATION, PUBLIC HEARING & PRELIMINARY DNS - City Planning ....pdf Attached is a Notice of Application, Preliminary Determination of Non -Significance (DNS), and Public Hearing regarding the above -entitled project. If you have any questions about this proposal DOC. please contact assigned plann— Joseph Calhoun at (509) 575-604- or email to: Dc1µu�e�md«,c. Thank you! Li IIIWaxey Planning Specialist I City of Yakima Planning Division (509) 576-6669 — y LisA M c�,yAkjqjqW"qy .. - _C Planning Division: (509) 575-6183 129 N 2n, Street, Yakima, WA 98901 AM, 9 A 9$6 % 'k "AOI a I YAKIMA $'j,RA.LD P,U'B,LIC i,,,,, A daily part of your life W Yakima-herald.com " , I"' 1 1 IV 1 This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509)575-6164 Fax: Account Rep: Simon Sizer Phone # (509) 577-7740 Email: ssizer@yakimaherald.com Ad ID: 827035 Start: 07/20/18 Stop: 07/20/18 Total Cost: $262.80 Lines: 144.0 # of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald -Republic 07/20/18 DOC. INDEX Notice of Application, Environmental Review, and Public Hearing; Project Location: Citywide Project Applicant: City of Yakima, Planning Division; File Numbers: TXT#002-18, SEPA#02018; Date of Applica- tion: 4/12/18; PROJECT QESCRIPTION; The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Preliminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 is being used. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified. Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: None. Required Studies: None Existing Environmental Documents: Comprehensive Plan 2040 - Final Supplemen- tal Environmental Impact Statement (June 13, 2017). Pre- liminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. REQUEST FOR WRIT. COMMENTS The public is encouraged to review and com- ment on the proposed application. Written comments may be submitted prior to the public hearing scheduled for 9/12/18 or at the public hearing. Please send written comments to: Joan Davenport, AICP, Community Development Director; City of Yakima, Department of Community Development; 129 North 2nd Street; Yakima, WA 98901; or email comments to: 0991"LSI NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Com- mission has been scheduled for Wednesday 9/12/18, begin- ning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Plan- ning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOM- MENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits com- ments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington, and online at PI W?yIVr�SN:yI111 t amendments/ If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575- 6042 or e-mail to: j,I,,,,q,yakrn raffia acv. (827035) July 20, 2018 Courtesy of Yakima Herald -Republic 8B FE3IDAY, JULY *0 2i8 qµy {ryfy2i 94J ,112iti, iii nfs�w, r Ifid� �NMIO ONWh�hr�3�� rwn ,NwdfPR x Notice of Application, Environmental Review, and Public Hearing; Project Location: Citywide Project Applicant: City of Yakima, Planning Division; File Numbers: TXT#002-18, SEPA#02018; Date of Applica- tion: 4/12/18; ". j The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.10 into YMC Ch.16.08. 0 1 9 . Q 14E1 (A VIS This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Preliminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 Is being used. The following conditions have been Identified that may be used to mitigate the adverse environmental impacts of the proposal: No, impacts identified. Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: None. Required Studies: None Existing Environmental Documents: Comprehensive Plano 2040 - Final Supplemen- tai'Environrerrtal lmpact'Statement (June 13,2017). Pro- Ilminary 3,2017).'Pre- Iiminaty eiterr tnation of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title HEARING This application require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Com- mission has been scheduled for Wednesday 9112/18 begin - Pi at 3;00� , to the Council Chambers City H�aii„ 129 N Street, Yakirna, WA. Any person desiring to express their vWws on this matter is Invited to attend the public hearing or to submit their written comments to: City of Yakima, Plan ning Division, 129 N 2nd St., Yakima„ WA 98901. A separate public notice will be provided for the public hearing beforethe Yaklnte Clty Council. N-0-TIC"ERECOMn MENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits com- ments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City, Hall „ 129 North 2nd Street; Yakima, Washington, and online at httris.,Hwww.yaktmawa.aov/services/rslannino/9-018-text- cin tnre pro,posat, Aanacwr, tit (509) 575- (827035) July 20, 2018 DEP TMENT OF COMMUNITY DEVEL( YIENT 'AWN A Joan Davenport, AICP, Director �� h1au�ug��o�ug i::)u�i,�i�ru� Joseph Calhoun, Manager Cani ' 0 F Y "(� K I M A 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON July 20, 2018 PROJECT DESCRIPTION: Environmental Review of text amendments to the City of Yakima's Urban Area Zoning Ordinance Titles1, 15, and 16. The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Title 15. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. LOCATION: City Limits PARCEL NUMBERS: N/A PROPONENT: City of Yakima Planning Division PROPERTY OWNERS: N/A LEAD AGENCY: City of Yakima FILE NUMBERS: SEPA #020-18 & TXT #002-18 DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ® This DNS is issued under WAC 197-11-340; the lead agency will not act on this proposal for 20 days from the date of this preliminary threshold determination. All comments must be submitted by 5:00 pm on August 9, 2018. Responsible Official: Joan Davenport Position/Title: SEPA Responsible Official Phone (509) 575-6183 Address: 129, N. 2nd Street. Yakima Date July 20, 2018 Signature:, DEPh�TMENT OF COMMUNITY DEVELOeMENT Joan Davenport, AICP, Director AfM 129 North Second Street, 2nd Floor, Yakima, WA 98901 " ask.planning@yakimawa.gov - www.yakimawa.gov/services/planning NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: July 20, 2018 TO: Interested Parties FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Application, Environmental Review, and Public Hearing NOTICE OF APPLICATION Project Location: Citywide Project Applicant: City of Yakima, Planning Division File Numbers: TXT#002-18, SEPA#020-18 Date of Application: April 12, 2018 PROJECT DESCRIPTION The City of Yakima Planning Division is proposing non -project minor amendments to the City of Yakima's Municipal Code Titles 1, 15, and 16. The proposed amendments will modify the sign code, YMC § 15.08.045 Exemptions; Rezone criteria in YMC § 15.23.030; Accessory Dwelling Unit Standards in YMC § 15.09.045 and 15.04.030, Table 4-1; the Modification Chapter in YMC 15.17; Adding a definition and land use for Taxicab Home Occupation in YMC §§ 15.02.020 and 15.04.120; modifying the district intent statement and permitted uses in the Regional Development (RD) zoning district, YMC §§ 15.03.020 and 15.04.030, Table 4-1; and finally consolidation of Appeals from YMC Ch. 1.43 and YMC § 15.16 into YMC Ch. 16.08. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is issuing a Preliminary Determination of Non- Significance (DNS) on this project. WAC 197-11-340 is being used. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: None. Required Studies: None Existing Environmental Documents: Comprehensive Plan 2040 - Final Supplemental Environmental Impact Statement (June 13, 2017) Preliminary determination of the development regulations that will be used for project mitigation and consistency: Future projects will require compliance with the International Building Code, City of Yakima Urban Area Zoning Ordinance, City of Yakima Comprehensive Plan and City of Yakima Title 12 Development Standards. DOC. INDEX REQUEST FOR WRITTEN COMMENTS The public is encouraged to review and comment on the proposed application. Written comments may be submitted prior to the public hearing scheduled for September 12, 2018 or at the public hearing. Please send written comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 or email comments to: ask, Banr� Iraaawa. ov NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for Wednesday September 12, 2018, beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. NOTICE OF RECOMMENDATION The Planning Commission's recommendation and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington, and online at its: r knmaw . py/services/p rI j aq -text-amendments/ If you have any question on this proposal, please call Joseph Calhoun, Planning Manager, at (509) 575-6042 or e-mail to: "ose h"cal'houn akimawa. ov. Yal ma DOC'. him INDEX �Ullii IlQrQa�a CITY PLANNING — 2018 TEXT AMENDMENTS TXT#002-18 & SE 'A#020-18 EXHIBIT LIST CHAPTER E Supplemental Information gast E-1 YPC Minutes — December 13, 2017, Study Session 12/13/2017 W 10 20 ...........St -- 1/ _. E-2 YPC Minutes — January _ 18, Study Session 01/10/2018 � _ _. ..... _ .........�....- .._.......... ._E-3 YPC ..................... Minutes — March 14, 2018, Study Session 03/14/2018 E-4 YPC Minutes — March 28, 2018, Study Session 03/28/2018 E-5 YPC Minutes — April 11 A 20����.�..���������......�.......................���_.......�� . p 18, Study Session 04/11/2018 E-6...._ WWWWW _ YPCMinutes— May 9, 2018, Study Session 05/09/2018 Studymm m ._.._ YPC Minutes - May 23, 2018, Session 05/23/2018 E-8.......������ _..��...... YPC Minutes — ....___.....��—.................................. ...__ June 27, 2018, Study Session 06/27/2018 _ ............ ........... ......... ....._ ........ E-9 Requests to be Parties of Record 07/02/2018 �... _ .._ _. ....... ................ __........ ._........... Maxe , Lisa From: Maxey, Lisa Sent: Monday, July 02, 2018 10:25 AM To: Monick, Colleda Subject: RE: ADU - Request for updates regarding ADU's Thank you for providing the email addresses of the interested parties. They will be added to the parties of record list for the Text Amendment file (TXT#002-18) to receive future notices so they can stay up-to-date on the proposed change to the accessory dwelling unit regulations. Luisa II ae Planning Specialist I City of Yakima Planning Division (509) 576-6669 - L sa Ma y -@y krn c e v From: Monick, Colleda Sent: Monday, July 02, 2018 10:04 AM To: Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV> Subject: ADU - Request for updates regarding ADU's -sm cer q f„e maLI. rn an elasoffe@ mail.com Colleda Monick Assistant Planner City of Yakima 509-576-6772 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 aai r�� ll ■ "�►„"�1. T ��wA RECEIVED JUL 12 2018 CITY OF YAKIMA DIV. c-> WANTS hbv VPDATL- S S �w����a.... �Nqwi iD pavvecj)�& ,. DOC. INDEX City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of June 27, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel YPC Members Absent: Peter Marinace (excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins, Senior Assistant City Attorney Council Liaison: Jason White, District 2 (absent) Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that SEPA comments for the Comprehensive Plan Amendment applications are due on June 28th. He added that the Planning Commission public hearings on the Comprehensive Plan Amendments will be scheduled for August 8th and August 22nd, and notice will be issued. Brief discussion took place on feedback from the Planning Short Course that some of the Planning Commission members and Planning Divisions staff attended. Calhoun announced that there are still 3 vacancies on the Historic Preservation Commission. r�or al + l tJP 1# it ut o Ma 2 20018 It was motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the minutes of May 23, 2018. Audience Participation None noted. : A _. 002 8 _&tui Session, Comprehensive Plari Atnendmen._tC_PA#001-18 . CPA#007-18) CPA#001-18 - Calhoun explained the proposal, gave some background information on the subject property, and made the Commission aware of one comment received from the Department of Ecology on the proposal. Discussion took place on an adjacent parcel which was not included in this request, to which Calhoun replied that staff will recommend that the parcel be incorporated into this future land use change and rezone request. Applicant Tom Durant introduced himself and made himself available for any questions. CPA#002-18 - Calhoun summarized the request and stated that staff would recommend that the adjacent parcels which are not currently incorporated in this request be included. Applicant Bill Hordan made himself available for any questions and expanded on the reasoning for this proposal while referencing the conceptual site plan submitted with the application. Hordan added that the owner of the isolated parcels which were not included in this request was approached and ultimately was not interested in participating. CPA#007-18 - Calhoun explained the proposal and provided some background information on the subject property. Calhoun informed the commission that there has been interest in establishing a mission at this location which is what has prompted the request for changing the future land use designation and rezoning the property. He further clarified that an RFP process would be used to establish who would be operating the mission. He reiterated from a previous Planning Commission meeting that if this request is approved, a lot line adjustment would be done so that only the portions of the property which are outside the floodplain would be used for the mission. Brief discussion also took place on a swale at this site. �Conti!ItLedStkkdy Session. Pr o� "ext Amendments Calhoun presented changes to YMC Chapter 1.43 Hearing Examiner, Chapter 15.02.020 Definitions, Chapter 15.16 Appeals, and Chapter 16.08 Appeals. He identified the main reason for these amendments as the consolidation of appeal regulations into Title 16. He added that a hearing will likely be scheduled in September for all of the proposed text amendments that staff have recently brought to the Commission for study sessions. Other Business Calhoun reported that there is no new information on when City Council's study session will be on the topic of temporary worker housing, and clarified that they are still searching for participants to be on the Ad Hoc committee for this discussion. Calhoun informed the commission that Council voted to enact a moratorium on permitting any new extended -stay hotels. Senior Assistant City Attorney Sara Watkins clarified that the moratorium will not affect the hotel being built at Nob Hill Blvd and 24f Ave as they have already received their permits. Calhoun made known that it would be correct procedure for the issue of creating a definition of hotel/motel to come back to the Planning Commission so they may make a recommendation to Council. Calhoun informed the Commission that this was Commissioner Marinace's last Planning Commission meeting as his term has expired, and that Council has appointed Philip Ostriem to fill a seat on the Commission beginning in July. Discussion took place on retention requirements for Planning Commission members' records, to which Calhoun responded that he will gather information and report back. Calhoun made known to the Commission that he has reached out to Yakima County staff regarding setting up a joint meeting for the two planning commissions and that he has not received a confirmation. Discussion took place on how the Commission can remain informed on what the County's Planning Commission is working on. Some suggestions were to review previous agendas and minutes, look at their Comprehensive Plan, view notices for projects in the county that are adjacent to the city limits, and simply see a list of people who are currently on the County Planning Commission. Audience member Bill Hordan informed the Commission of several people who are on the County Planning Commission. Brief discussion also took place on projected population estimates for Yakima County in the coming years. Adjourn A motion to adjourn to July 11, 2018 was passed with unanimous vote. This meeting adjourned at 3:50 p.m. Cha ° onu,�i,Byers Date This meeting wds filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. -3- City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of May 23, 2018 Call toOrder Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Rob McCormick, Jacob Liddicoat, Leanne Hughes -Mickel YPC Members Absent: Peter Marinace (excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that the Comprehensive Plan Amendment and concurrent Rezone requests received for this year's amendment cycle are being reviewed for completeness and will be sent out for public notice in the coming weeks. He also made known that there are still 3 vacancies on the Historic Preservation Commission, and that interested persons may apply in the City Clerk's office. Audience Partici ation None noted. Approval of Meetine Minutes of Ma9 :018 It was motioned by Commissioner Rose and seconded by Commissioner Liddicoat to approve the minutes of May 9, 2018. Review of Yakima PlanningmmCommission BvIaws Calhoun presented a draft of proposed changes to the Commission's bylaws. These changes include a correction from 6 -year terms to 4 -year terms per City Council's direction (Ordinance 2017-018), correcting the department title from "Department of Community and Economic Development" to "Department of Community Development," correcting the meeting time from 3:30 p.m. to 3:00 p.m. to match current practices, updating the regular order of business to match current practices, clarifying the titles of the municipal code which are in the commission's purview, rewording the language on how the time and location of a Commission meeting may be changed, and adding language that allows flexibility to setting a date for continued agenda items. It was motioned by Commissioner Hughes -Mickel and seconded by Commissioner Rose to approve the draft of the amended bylaws with an additional change to Section 1 (A) to correct another mention of the term limitations, fixing it from 6 years to 4 years. The motion carried unanimously. Continued Stuff Session: Proposed Text Amendments to YMC Title 15 Calhoun presented changes to YMC 15.17: Modification to Existing or Approved Uses or Development. The change would allow modifications to Class 1 uses to be reviewed under the Modification procedures, granted the criteria for a Modification are met per the code. In addition to the draft amendments presented, Calhoun verbally included an additional change to the 15.17.020(B) and (C), to strike out the sentence in both sections DOC. INDEX -7 that states, "this limit shall be calculated cumulatively for all previous modifications since the last normal review," as this is already established in 15.17.020(E). Other Business Calhoun clarified that the Comprehensive Plan Amendments will be sent for public notice with a 20 -day comment period on the SEPA review. After the comment period, the SEPA determination will be issued along with notice of Yakima Planning Commission public hearing. Calhoun informed the commission that the date for a City Council study session on temporary worker housing has not been set, and that the commission members will be notified once it is established. A question was posed as to whether the conversion of a hotel on North 1st Street to house temporary workers depends upon the result of the temporary worker housing text amendment. Calhoun clarified that as long as it is operated as a hotel, it is a permitted use and does not rely on the text amendment being approved. Discussion ensued on tracking the outcome of amendments that Planning Conunission recommends to City Council. Calhoun reported that staff' can create a brief report on the history text amendments in recent years that have gone to City Council. Calhoun reminded the commission that the Short Course on Local Planning provided by the Department of Commerce is scheduled for a date in June and will be held at the Public Works training room at 2301 Fruitvale Blvd. The commission suggested that a joint meeting be held with the Yakima County Planning Commission sometime after the planning short course. Calhoun asked that commission members send their desired topics of discussion to him and he will coordinate with the County to form a list of discussion items and schedule the meeting. Discussion took place on the anticipated gains of having a meeting with the County. Chairwoman Payers announced that she will be absent for the next commission meeting on June 13th. Adjourn A motion to adjourn to June 13, 2018 was passed with unanimous vote. This meeting adjourned at 3:33 p.m. Chairw6rnan Byers Date This mve� 1aii was filmed by YPAC, a routes for this meeting submitted by: Lisa Maxey, Planning 5pdafist. -2INDEX - City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of May 9, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Rob McCormick, Jacob Liddicoat YPC Members Absent: Peter Marinace, Leanne Hughes -Mickel (both excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sean Hawkins, Economic Development Manager Council Liaison: Jason White, District 2 (absent) Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that there are 3 open positions on the Historic Preservation Commission and that anyone interested may apply at the City Clerk's office. Calhoun informed the commission that City Council denied the Planning Commission's recommendation on text amendments to Yakima Municipal Code (YMC) Title 15 regarding definitions and classifications for "Congregate Living Facility" and "Motel/ Hotel." He added that council will be scheduling a study session to discuss the matter of temporary worker housing further, and that Planning Commission members may watch the video of the council meeting to hear the questions and concerns which were raised. Audience Partici,tion None noted. Approval of Meetiqg Minutes of _Ari 1.1 2018 It was motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the minutes of April 11, 2018, with a spelling correction on the first page from "lager" to "larger." The motion carried unanimously. Submitted 2018 Coni rehensive Plan Am ndniep Rez, QLte Appjication Docketing, Calhoun provided a summary of the 7 comprehensive plan amendment and accompanying rezone requests which were submitted for this year's amendment cycle. Brief discussion took place on the comprehensive plan amendment and rezone request proposed by the city's wastewater division (CPA#007-18/RZ#008-18) relating to 3 parcels in the vicinity of S 22nd St and Highway 24/E Nob Hill Blvd and their relation to the 100 -year flood plain which would prompt a boundary line adjustment if approved, as well as the comprehensive plan amendment and rezone request by West Valley Nursing Homes Inc (CPA#005-18/RZ#006-18) and their association with a comprehensive plan amendment and rezone from 2012. He explained that study sessions will be held on all of the docketed comprehensive plan amendments and rezones. Continued Sty4y �mSession:wProppsg�LText Amendments to YMC Title 15 Economic Development Manager Sean Hawkins described the need to expand the list of permitted land uses in the Regional Development (RD) zoning district and lower the required level of review for some uses to make it easier for businesses to locate there. He mentioned the interest expressed by a company in Yakima to relocate to the RD zoning district in order to expand their business, as well as a company that has inquired about coming to Yakima and would potentially be a good fit in the RD zoning district. Yakima County Development Association Director Jonathan Smith pointed out some of the land uses which are currently not permitted in the RD zoning district that the commission may want to consider recommending to City Council to add, and uses that are currently allowed but require a high level of review that could potentially be lowered, including hospitals, post -secondary schools, and some light manufacturing uses. Smith added that for some of the light manufacturing uses that could be appropriate in this zone, codes or covenants could be put in place that would ensure that the buildings mirror the aesthetics of a professional office building. Calhoun proposed a minor change to the district intent statement in the Yakima Municipal Code for the RD zoning district. He then went over staffs proposed changes to the level of review for some of the land uses currently permitted in this zone, as well as recommendations on which land uses to consider adding as permitted uses in this zone. He explained that this topic will be researched further and come back to the commission for another study session. Discussion took place on the importance of ensuring that these potential uses do not become a deterrent for retail uses in the RD zoning district. The lack of properties that are currently zoned RD was also briefly talked about. Other Business None noted. Adjourn A motion to adjourn to May 23, 2018 was passed with unanimous vote. This meeting adjourned at 335p.m. .� llai.rw 1,11an Byers This imvti g was filmed by YPAC. l9/ Date for this meeting submitted by: Lisa Maxey, Planning Specialist. DOCO WDEX City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of April 11, 2018 Call to -Order Vice -Chair Al Rose called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Vice -Chair Al Rose, Bill Cook, Rob McCormick, Leanne Hughes -Mickel YPC Members Absent: Chairwoman Patricia Byers, Jacob Liddicoat, Peter Marinace (all excused) Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun reminded Commission members that the application period for the 2018 cycle of Comprehensive Plan amendments is open until April 30+h. He reported that none have been received thus far but there is an expectation that some will be submitted prior to the deadline. Audience Particivation Audience member Thomas Sudbury addressed the Commission about his desire for the minimum lot size for accessory dwelling units to be lowered to 8,000 sq ft. The Commission explained that the regulations for accessory dwelling units will come up later in the agenda during the study session on proposed text amendments to Title 15 Yakima Urban Area Zoning Ordinance (UAZO) Approval of Meeting Minutes of March 28 2018 It was motioned by Commissioner McCormick and seconded by Commissioner Hughes -Mickel to approve the minutes of March 28, 2018. The motion carried unanimously. Study Sessiop: l rppoed Text Amendment to YMC Title 15 UAZO Calhoun presented staff's proposal to revise the sign code in relation to the maximum flag pole height standard and to revise the special development standards chapter to modify accessory dwelling unit regulations. Sudbury spoke again in favor of staff's proposed changes to the regulations for accessory dwelling units and shared how these changes would assist his family's housing situation. Commission members and staff had consensus to modify the proposed code section that reads, "ADUs shall only be permitted on parcels/ lots sized appropriately for a duplex or larger per YMC 15.05.030, Table 5-2" to strike the words "or larger." Discussion took place between the Commission, staff, and Sudbury on the existing code language which indicates that both dwelling units (the primary residence and the ADU) shall have its own sewer and water connection with required meters if the ADU is attached to or located above a detached garage or is a stand-alone structure. Calhoun indicated that he will discuss the sewer and water connection requirements with the building codes and wastewater divisions to see if there is flexibility to modify these requirements. -1 - INDEX 6-5 Calhoun described staff's recommended changes to the rezone chapter in accordance with previous discussions between staff and the Commission to add a requirement for a conceptual site plan for non -project rezones and add language regarding development agreements in instances where conditions are imposed on the rezone. Commission suggested that staff add a definition of development agreement to this chapter or add a reference to the definition in the RCW. Calhoun indicated that there will be discussion at a future meeting date regarding adding more permitted land uses to the Regional Development (RD) zoning district. Other Business None noted. Adjourn A motion to adjourn to April 25, 2018 was passed with unanimous vote. This meeting adiour iw,i-at 3:331 m. Cha This e n Byers 05-0 Date g was filmed by YPA °. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. DOC. INDEX -2- City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of March 28, 2018 C,all_to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Peter Marinace, Rob McCormick, Leanne Hughes -Mickel YPC Members Absent: Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins, Senior Assistant City Attorney Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun introduced Leanne Hughes -Mickel as the new Planning Commission member. Commissioner Hughes -Mickel shared some information about herself with the Commission. Audience Participation None noted. Approval of !ltg Minutes of MLipch 14, 2018 It was motioned by Vice -Chair Rose and seconded by Commissioner Cook to approve the minutes of March 14, 2018. The motion carried unanimously. Public Hearing - Text Amendment to YMC Title 15 Related to Ternporary Worker Housing Calhoun presented the staff recommendation on proposed changes to the Yakima Urban Area Zoning Ordinance to establish regulations regarding temporary worker housing, which includes modifying the definition of boardinghouse and adding a definition of "motel/ hotel," modifying the Table of Permitted Land Uses, and modifying the Table of Off -Street Parking Standards. Audience member Charlie Hines advocated for temporary worker housing facilities to be of high standard if approved. Audience member Rob Valicoff spoke in favor of the proposal and commented on the "first-class" nature of these facilities. Audience member Sandi Belzer spoke in favor of the proposal with the caveat that they must be well-maintained and monitored. Audience member Ron Disch expressed his concern of property values potentially decreasing on account of these facilities locating here. He stated that neighbors should be notified when there is a proposal for temporary worker housing in their area. Furthermore, he suggested that the Commission consider letting voters decide if these facilities should be allowed in the city. Lastly, Disch commented on the lack of cities in eastern Washington which allow this land use, which could cause many temporary workers to use sites in Yakima due to lack of availability in their area. -1- Audience member Ermelindo Escobedo spoke in favor of the proposal and reiterated the strict requirements imposed on this housing type by the state and federal government. Audience member Lourdes Martinez spoke highly of H -2A workers and commented on the benefits of having housing for them within the city as well as the benefit of having the workers contribute to the economy. The Commission discussed the expectation that these buildings would be in use year- round due to the staggering of the agricultural seasons. Discussion ensued regarding other uses which are categorized under the proposed definition of "congregate living facility," and the possibility of unintended consequences from designating levels of review in particular zoning districts for "congregate living facilities" with only H -2A housing in mind and not taking into consideration that other uses outside of H -2A housing will not be regulated as stringently and are not guaranteed to have on-site management. The reasoning behind the proposed parking standards were also brought up in discussion. It was motioned by Vice -Chair Rose and seconded by Commissioner McCormick that the Planning Commission draft findings of fact and forward a recommendation of approval to the Yakima City Council. The motion carried with 6 votes in favor and 1 vote against. Calhoun clarified that there is a set date on the April 3rd City Council agenda for a public hearing on May 1St. Studv Session:1 Proposed Amendments to YMC 15.04.120 Home Occupations Relating to Taxicab Businesses Calhoun shared with the Commission the proposed definition of "home occupation, taxicab operator," and the proposed addition to YMC 15.04.120 Table 4-2 (Table of Permitted Home Occupations) which includes a line item for "taxicab operator," and the proposed level of review for each zoning district. Senior Assistant City Attorney Sara Watkins reiterated that the criteria which home occupations must meet prohibits non family members from being employees. Calhoun explained that there are other potential text amendments that should be included in the public process for this proposed change to the Home Occupations code section, and will be scheduled for a study session before the Commission. Chairwoman Byers reminded the Commission that she will be absent for the next Commission meeting on April 11f. Other Business Commissioner Marinace brought up a comment he made initially during the update process for the Comprehensive Plan 2040 last year that there is a lack of sidewalks on Zier Rd. between 751h Ave. and West Valley High School, which in conjunction with the narrowness of the road creates dangerous walking conditions for kids walking to school. He spoke of a grant opportunity called Safe Routes to School which could help to fund putting sidewalks there. Calhoun spoke of the recent improvements that have been made in that area at Mead Ave. and 72°a Ave. He explained that the engineering division of the appropriate jurisdiction would need to be part of the discussion on infrastructure, and -2- INDEX #'E, _q.. the school district would need to be a main proponent for encouraging these improvements in the grant application process. Council liaison Jason White reported that safe routes to school is in the Council's top 5 priorities for the next few years and mentioned that some Yakima schools are going through this program currently, while furthering the point that the lack of sidewalks in areas of the city is a big issue. Commissioner Marinace confirmed that he will contact the school district to make them aware of this safety issue and apprise them of this grant opportunity. Adjourn A motion to adjourn to April 11, 2018 was passed with unanimous vote. This meeting adjourned at 4:21 p.m. Z Gl", i Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. ..3 DOC., City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of March 14, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Peter Marinate, Rob McCormick YPC Members Absent: Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins, Senior Assistant City Attorney Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun announced that the Planning Commission will hold a public hearing on the proposed text amendments to Yakima Municipal Code (YMC) Title 15 to establish regulations for temporary worker housing during their next meeting on March 28th. The City Council public hearing will be scheduled for April 17th. He also reported that there is still one vacancy on the Planning Commission. audience Participation Michael Howe introduced himself as the new government affairs director of the Central Washington Home Builders Association, replacing Joe Walsh. of February 28, 2618, It was motioned by Vice -Chair Rose and seconded by Commissioner McCormick to approve the minutes of February 28, 2018. The motion carried unanimously. Re ort on Taxi Business License Regulations Calhoun reported that taxi businesses were not a specific use identified within the home occupations table in the municipal code, but were often permitted under the "business administration" use in the table until a policy change effectively discontinued the approval of taxi services as home occupations. He explained that there are 13 conditions of approval for home occupations that must be met in order to be approved, including a condition which states, "the home occupation is conducted only by immediate family members residing in the dwelling," which may be preclude some taxi businesses. Commission members and staff discussed scenarios in which a home occupation permit would be applicable, and other scenarios in which a commercial office location would be required. Senior Assistant City Attorney Sara Watkins explained the difference in licensing requirements between a taxi service and a transportation network company (e.g. Uber and Lyft). Jon Briggs of Bluhawk Taxi requested clarification on what the licensing requirements would be applicable for his taxi business, to which the Commission and staff responded. It was motioned by Vice -Chair Rose and seconded by Commissioner Liddicoat for staff to draft changes to YMC Title 15 to incorporate a definition for taxi service and add it as a line item in YMC 15.04.120 Table 4-2 (Table of Permitted Home Occupations), mirroring the level of review and allowed zoning districts that are dictated for the "home contractor" line item. - 1 - DOC. INDEX # 6 Other Business Chairwoman Byers reminded Commission members and staff that she will be out of town from April 4th to April 14th. Adjourn A motion to adjourn to March 14, 2018 was passed with unanimous vote. This meeting adjourned at 3:53 p.m. - l�tail°wtltl��a�� Byers ,�' M..........._....��.,w Date �......_...... .____. This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. -2-DOC. INDEX City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of January 10, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Jacob Liddicoat, Bill Cook, Peter Marinate YPC Members Absent: Rob McCormick Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun informed the commission that new FEMA maps for the Cowiche Creek floodplain are expected to be received within the next month or so. Calhoun reported that city staff have been attending advisory group meetings for amendments to the Comprehensive Flood Hazard Management Plan (CFHMP), particularly relating to northern Yakima. He reminded commissioners that they have a public hearing scheduled for February 141h pertaining to a rezone request. Lastly, Calhoun announced that there is still one vacancy on the Planning Commission. Election of Chair and Vice -Chair of them Yakima Plannine Commission It was motioned by Commissioner Cook and seconded by Commissioner Marinate to retain Patricia Byers as chair of the commission and retain Al Rose as vice -chair. The motion passed unanimously. udi�encemP rticioation None noted. Approval of Meetin Minutes of Sec m et..t3 ..ZQIZ Vice -Chair Rose noted a grammatical error in the minutes. It was motioned by Vice -Chair Rose and seconded by Commissioner Liddicoat to approve the minutes of December 13, 2017 with that correction. Discussion: Op ing of the 2018 Comprehensive Plan Amendment Process Calhoun summarized the process to open the annual comprehensive plan amendment cycle, which includes City Council adopting a resolution (planned for the February 6+h council meeting) and the Planning Commission holding a hearing to officially open the process (planned for the February 28th commission meeting). Commissioner Cook inquired about any public interest expressed for amendments this year. Calhoun responded that there have been about two or three preliminary discussions between staff and members of the public. Introduction to Pootte tial�a�, in Code Amendments Calhoun went over the current list of zoning code amendments that the commission will be reviewing at a later date, including: updating references to the new Right -of - Way vacation chapter in Title 14, rewording the sign chapter to address flags in the -1- INDEX residential districts, adding language to the wireless communications chapter to add standards/ review process for small cell infrastructure and for communication facilities on utility poles, addressing inconsistencies between the text and the table which dictate the classification of use of an accessory dwelling unit, broadening the accessory dwelling unit category to include other concepts like cottage housing or create a new land use category, adding a new use or modifying an existing use to accommodate temporary worker housing, and updating the rezone section per the Planning Commissions recent discussions on non -project rezones. Discussion took place regarding a public hearing for an interpretation relating to temporary worker housing which will go before the hearing examiner on January 11th. The commission and staff had additional discussion on other housing types. 0)Part i y for Cc��r sicrtl r t sous l e its for Additional Reviejv �Considerat on Commissioner Cook brought up a request from an earlier commission meeting to have an Open Public Meetings Act training at city hall for the commissioners and to invite the county's planning commission members as well. Commissioner Cook requested an overview on annexations. Calhoun mentioned that an annexation was processed for the northwest corner of South 64th Ave. and Ahtanum Rd., which has been forwarded to the boundary review board. Additional discussion took place on annexations. Other Business Calhoun announced that Councilman Brad Hill was appointed to serve as the council liaison to the Planning Commission but that due to scheduling conflicts the liaison may be reassigned. Council members discussed the lack of audience member turnout and their desire to bring in more people to these meetings and hearings. As part of this effort, commissioners had consensus to work towards hosting an open house for members of the public to provide feedback to the commission and planning staff and ask questions, and host a similar event for developers in the community. This topic will be revisited at a future meeting in order to work out the details. Adjourn A motion to adjourn to January 24, 2018 was passed with unanimous vote. This meeting adjourned at.4,00 p.m. Chair W )n����n Byers � � Date This ai(w prole, was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist, City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of December 13, 2017 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Jacob Liddicoat, Bill Cook, Rob McCormick YPC Members Absent: Peter Marinace Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning Specialist; Sara Watkins, Senior Assistant City Attorney Others: Sign -in sheet in file Staff Announcements Planning Manager Joseph Calhoun informed the commission that City Council approved the proposed revisions to Yakima Municipal Code Title 14 that the Planning Commission recommended to them, which allows final long plats to be approved administratively. The ordinance will become effective December 24, 2017. Calhoun reported that staff is looking at potential text amendments to take through the public hearing process in the upcoming year. Audience Partici ation None noted. Approval of Meeting Minutes of November &2017 It was motioned by Vice -Chair Rose and seconded by Commissioner Liddicoat to approve the minutes of November 8, 2017. Discussion: Conditions for Rezones & Processing Rezone AppligAfi2M Calhoun explained the reasoning for this discussion item (i.e. discussions from a recent public hearing on a non -project rezone). Calhoun provided commission members with the City of Yakima's code language pertaining to processing rezone applications, along with code language from some other cities. He highlighted that one of the cities requires a conceptual site plan to be submitted with the rezone application, and that some cities require a development agreement to be entered into if there are conditions imposed on the rezone. Commission members discussed the pros and cons of requiring a conceptual site plan and development agreement, and the idea of requiring SEPA review at the time of development regardless of whether SEPA thresholds are exceeded. *Commissioner McCormick arrived to the meeting at approximately 3:30 p.m. The Commission had consensus to direct staff to draft language for the code that would require a conceptual site plan to be submitted with a rezone application, indicate that conditions imposed would need to be included in a development agreement, and allow the Planning Commission to require SEPA review regardless of whether thresholds are exceeded. -1- INDEX Other Business Commissioner ner Cook reminded staff and the commission about previous discussions where staff was asked to have someone from Yakima County come to a Planning Commission meeting to discuss flooding concerns. Calhoun confirmed that this will be arranged after the new flood maps from FEMA are received, which will likely be at the beginning of the year. The commission had consensus to cancel the next regularly scheduled meeting of December 27, 2017. Adjourn A motion to adjourn to January 10, 2018 was passed with unanimous vote. This meeting adjourned at 3:50 p.m. .......�_.........� www ............... Chair Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Specialist. -2- 709 S 15'h Ave, Yakima, WA 989w 5og-961-947 5 Id e 3ftimaiLcom, 09/10/2018 7o: Planning Commission and Department of Community Development Re: YMC 15.09.045—Accessory Dwelling Units I am writing to ask for a variance on the lot size requirement in the R2 zoning area. My home at 709 5 15`h Ave. is smaller than your new proposal is looking at but is otherwise ideally suited for an Accessory Dwelling. I have a 500 -square foot detached garage that is already wired for electricity and has a cement floor. It also already has its owned fenced (RV) parking right next to it which means it would not take away any other parking in the neighborhood. My backyard is fenced and private which negates any privacy issues for the neighboring houses. My home is located just one block from Yakima Valley College and just a short distance from both Virginia Mason and Astria Regional Hospitals ... an area in great need of affordable rental housing. In addition to providing affordable housing to an area in need I'm also looking to improve my own property and future. For now; this could very well be extra income but as I age this may be the mother-in-law home that I live in. I appreciate your careful thought and consideration. Warm regards, Clarice Dyer a 2018 COMPREHENSIVE PLAN MAP AMENDMENTS CHAPTER C CITY OF YAKIMA WASTEWATER DIVISION CPA#007-18, RZ#008-18 & SEPA#010-18 C-1 Applications for Comprehensive Plan Map Amendment and Rezone (with narratives) 04/30/2018 C-2 SEPA Environmental Checklist 04/30/2018 C-3 Map Submitted with Applications 04/30/2018 C-4 Vicinity Map 05/01/2018 C-5 Email Comments from Lynn Serrata 05/15/2018 C-6 Determination of Application Completeness 05/29/2018 C-7 Land Use Action Installation Certificate 06/01/2018 C-8 Notice of Application and Environmental Review C -8a: Postcard Notice C -8b: Parties and Agencies Notified C -8c: Affidavit of Mailing 06/08/2018 C-9 Comment Letter from WA State Dept of Transportation 06/27/2018 C-10 Notice of Public Hearing & Determination of Non Significance C -10a: Legal Ad C -10b: Press Release & Distribution Email C -10c: Parties and Agencies Notified C -10d: Affidavit of Mailing 07/05/2018 C-11 Email Comments from Katy Weatherley 07/10/2018 C-12 Development Services Team (DST) Comments C -12a: Mike Shane, Water/Irrigation Engineer C -12b: Carolyn Belles, Permit Project Coordinator C -12c: Dana Kallevig, Utility Project Manager 07/31/2018 C-13 Comment Letter from Yakima Greenway Foundation 08/02/2018 C-14 Yakima Planning Commission Agenda & Distribution List 08/03/2018 C-15 Staff Report 08/08/2018 C-16 Yakima Greenway Master Plan Update 1995 09/12/2018 C-17 Memo from Community Development Director Joan Davenport 09/12/2018 MEMORANDUM To: Yakima City Planning Commission From: Joan Davenport, Community Development Director Date: September 4, 2018 Subject: Additional Background Requested for Proposed City Rezone (CPA #007-18) At the August 8, 2018 Comprehensive Plan Amendment public hearing, the Yakima City Planning Commission requested some additional information about the history, context and intent of the rezone project. History of City of Yakima involvement with locating Homeless Encampment - • April 2016: tent camping and occupation of the sidewalk area in the vicinity of East Chestnut Street & S. 6th Street without sanitation or safety measures. Neighborhood demands City remove encampment due to illegal activity and lack of sanitation. • July 11, 2016: City opens encampment in the parking lot at South 3rd Street and Walnut, after attempting to find community sponsor to accommodate homeless encampment. • November 15, 2016 to March 15, 2017: Walnut Street encampment closes. Winter shelters held in area churches, run by volunteers. For 11 years the City allowed churches to operate sleeping shelters without fire sprinklers. • March 2017: City enters into lease with Transform Yakima Together (TYT) of Wastewater plant site until December 2020. • November 21, 2017: TYT opens winter shelter at 1702 Englewood Ave. • May 2018: TYT closes winter shelter due to neighborhood opposition. • May 2018 to present: TYT moves back to Camp Hope at Wastewater Plant site. • City of Yakima works with YVCOG to secure funds to extend water and sewer service to encampment site. Eventually, utilities could be extended north to rezone site. Other sites considered for Homeless Encampment — The City Council spent significant time (beginning in April 2016) discussing options for potential locations and community partners to host and manage a homeless encampment. Washington State law has special entitlements for faith based organizations to host temporary homeless encampments. Finally, Transform Yakima Together (TYT) stepped into the role of hosting and managing the encampment. Site selection was challenging in the determination of a camp location. Criteria for review were: city ownership (or other public entity), access to services/utilities, minimize neighborhood impact, minimum size of 0.5 acres, current zoning. After review by the City Council "Neighborhood and Community Building Committee" (NCBC), the full Council reviewed a report on January 10, 2017 which listed 10 locations: 1. Tiger Mart (1808 N 1St St) 2. Race Street Park at South 3 d Street 3. Fair Ave & 1-82 Ramp area 4. Bravo Co Blvd near the roundabout 5. Wastewater Plant Field area 6. South 3rd Street & Walnut Street parking lot 7. Fire Station 95 unused area, Fair Avenue frontage 8. Unused building at 1216 Race Street 9. 12th Avenue & Yakima Avenue (Portia Park) 10. WSDOT property on the north side of Nob Hill Blvd, adjacent to SB off -ramp 11. Fruitvale Boulevard, south of Public works complex* The recommendation from NCBC to the full Council was the North 1st Street Tiger Mart (item "a" above). The Council rejected this location after considerable testimony at the January 10, 2017 meeting. Following the January 10, 2017 Council meeting, one additional site was suggested on the (* location 11) south side of Fruitvale Blvd, in an unused triangle of street right of way. This site was also withdrawn from consideration after significant neighborhood opposition during a public meeting to discuss the site. In an effort to find a permanent location for a low barrier homeless shelter M shared at least 5 locations with the City staff. Each site was also rejected after opposition from respective neighborhoods, Acquisition of private land would need to be paid by either a grant or fundraising by M. The City of Yakima is fiscally not able to purchase and donate land for a homeless shelter since no funding source has been identified for use by the city. The sites TYT examined were: 1. The Shiloh Center (West Peirce Street) 2. 1507S36 th Ave 3. 10 East Washington 4. 522 S 1st Street 5. 1702 Englewood After much deliberation, the City Council approved a three year lease for the existing location of Camp Hope adjacent to the City Wastewater Plant. The current site of Camp Hope has long been identified as reserved for future expansion of the wastewater plant facility. No specific date or facility plan is known at this time related to when the expansion may occur, but the City is obligated to retain the area to be used as needed. Proposed Rezone Site CPA #007-18 The proposed rezone is approximately 2.6 acres located outside of the 100 -year flood plain. This area had been used as part of the spray field for semi -treated water especially from the industrial line that carried fruit -cannery discharge. This practice was discontinued in approximately 2000. As low density land without utilities but good street access, the land is valued at approximately $1 per square foot or less. The current value of this land, if available for development would be $113,000. If rezoned to General Commercial, GC zoning district with utilities, the land would have a market value of approximately $5 to $8 a square foot. The land may have a value of between $560,000 and $900,000. DOC. INDEX Purpose and Intent of Rezone This is a non -project rezone. The City of Yakima does not have a specific use or site plan for the site at this time. A rezone of 2.6 acres to General Commercial would be consistent with the zoning directly west of this site, now occupied by the U -Haul Dealership and formerly the K -Mart property. However, the stated intent of this rezone is to provide land that could be used to accommodate a permanent location for a facility that may include components for a low barrier shelter, transitional housing and affordable housing. The Yakima City Council will need to articulate their vision for the future project and craft a Request for Proposals/Request for Qualifications (RFP/RFQ). Through the RFP/RFQ process, the City will seek a community partner to develop the site and manage the facility. If the future project includes a "mission" type use (low barrier shelter), it will require a Class 2 Review. Transitional housing and affordable housing would also require a Class 2 Review. If no community partner is found, the City may choose a different option for the land. A 2.6 acre site with GC zoning would allow development of a wide variety of land uses including (but not limited to) schools, public facilities, day care, light manufacturing, retail, offices, hotel and many others. r ,ry y n tu r . RP. P o Planning History P , The"original Master Plan of the Yakima Greenway was developed in.. 1976 by Jones and Jones, landscapes/environmenfal _ planning/,urban design architects, of Seattle. Its purpose was to provide a . planning base for efforts to protect what was then known as the Yakima River Regional Greenway; from Selah Gap to Union Gap. The plan was updated for the first time M- 1986 by the Plannhiig Committee of the Yakima Greenaway Foundation. The next update was V° , accomplished in 1591 by a YakimaGreenway M Foundation, on boardtask _ force. Itwas adopted by the Board of Directors on December 1.6, 1991. . The lastest update, presented in this document, was accomplished in :1995' and adopted by the Board of Directors on September 18, 1995. Its purpose 'is to modify the 1991 Design Standards. as well as acknowlege the growth of the Greenway since that Time and new directions antic' atedby -the board. This document is very similar in appearance td the 1991 update and recognizes` the work ' of that task force. It 'also includes a .status report on the."Findings" and "Recomxmn-, dations" of the 1976 Master Plan plus a new set of recommendations for the next 15 years. ewn ase 4Z""semi r r� Yakima Greenway Foundation Master Plan Update Contents Master Plan Update Intrarluction Page 1 I. Why a Greenway? Page 3 II. 1976 Master Plan Findings and Recommendations Status Report Page 4 III. Greenway Corridor Map Page 7 Text Page 9 IV. land Use Policy Page 21 V. Vision for the Future Page 23 Appendix I Design Standards Page 24 Appendix II "Vision for the Future" Illustrations Page 31 INDEX — La 1995 Master Plan Update Introduction 0 Our River Resource The citizens of Yakima have realized over the last few decades that the Yakima and Naches rivers are our community's most important natu- ral assets. Consequently, the community has taken steps to preserve and reclaim these river corridors. One of the most important steps was the creation of the Yakima Greenway Founda- tion in 1980. The stated purpose of the Yakima Greenway Foundation is to conserve, enhance and main- tain the Yakima Greenway as a continuing, living resource for future generations. Since its inception, the Foundation has been guided by the Yakima Greenway Master Plan, developed in 1976 by Jones and Jones, Seattle. The plan was adopted by the State of Washington, the City of Yakima and Yakima County in 1976. Greenway Progress Nearly 20 years have elapsed since the Mas- ter PIan was written. These 20 years have brought many changes to the Yakima Valley, and to the Greenway corridor in particular. Major changes have occurred in the Greenway with the completion of several highly visible projects including 10 miles of asphalt pathway adjacent to the rivers; four river access parks; a fishing lake with facilities for the disabled; a large multi -use park; a smaller, more pastoral park; and a large children's playground. Successful completion of these projects has led to a growing appreciation for the Greenway concept, as reflected in Greenway Foundation membership growth from a handful of mem- bers in 1980 to over 1500 today. Now there is strong support in the community to extend the Greenway toward population centers in the western part of the Valley and north of Selah Gap. r Another change is increased pressure for use of land along the Yakima River and adjacent to the Greenway corridor. This is a result of both population growth in the Valley and the fact that I-82 is a major transportation corridor. Yakima has limited resources in our river corridors. The Greenway Foundation board of directors, as well as city and county governing bodies, recognize that there are competing in- terests in the use of these resources. No matter what the use, it must be kept in mind that the natural habitat and visual quality of the river corridors will be affected with each new devel- opment. Therefore, it is vitally important to apply aesthetic consideration when contem- plating any new development with a visual or functional relationship to the Greenway: Finally, the successful execution of so many aspects of the Greenway plan has brought abou a change in the focus of our community. The Yakima River corridor, once the shame of Yakima, is now the pride of the community. Long-term vision, traditionally framed without consideration of the river as a natural and recre- ation resource, has shifted to include and, in- deed, focus on the river and its future impor- tance to the community. 1995 Master Plan Update The 1995 update of the Yakima Greenway Master Plan addresses each of these issues and refers bac to the 1976 plan. Section t an addi- tion with this 1995 update, answers the ques- tion, "Why a Greenway?" Section II provides a status report on the 1976 Findings and Recom- mendations. Section III describes the Greenway corridor, including existing facilities, plans for future development and land use and shows two areas for expansion added in 1986 and 1991. The areas are the Naches River corridor * Di MINDEX lwy n W F• �g tri lir [ 9 u ..� Ico :. (to link with the Cowiche Canyon Conser- vancy project) and the area north of Selah Gap •(along the Yakima River corridor adjacent to the City of Seiah) to the southern border of the Yakima River canyon. Land Use Policy & Design Standards Section IV addresses land use policy within the Greenway corridor, including the use of design standards for commercial development. These standards were written for the 1991 up- date and have been revised for this update to be somewhat more flexible for developers' com- pliance. This section also outlines land uses and activities that are not compatible in the Greenway corridor. The success of the Greenway project and implementation of development standards within the Greenway corridor will change the way that Yakima views the river corridor. Based upon the experiences of many other greenway projects in communities across the nation, we •believe that this area will become a preferred place to live and to do business. With plan- ning, development along the Greenway corri- dor could both enrich the corridor and be enriched by it. Vision for the Future The principles forming the foundation of the Greenway should not be limited to the Greenway corridor. Plans should be drafted by Yakima County and City of Union Gap to extend a greenbelt west, perhaps along Ahtanum Creek or Ahtanum Road, and then north to connect with Cowiche Canyon. In Section V we offer a long-term vision of growth for the Yakima River corridor that capi- talizes on the Greenway project to create scenic entrances to our community and a hospitable environment for new tourist and recreation 0 - facilities. We also offer a plan for a greenbelt that would connect the Greenway trail system to a new trail located along creeks, roads, canals or railbeds to connect with with the Cowiche Can- yon, completing a loop around much of the Upper Valley. These visions are fluid concepts rather than set plans and intended to allow room for dreaming, which is what the Greenway has always been about. The Dream Continues The 1995 revision is a continuation and ex- pansion xpension of that original dream, recognizing what has been accomplished and what possiblities exist. The Greenway today is not a result of the 1976 Master Plan. Rather, it is the result of broad-based community support as demon- strated by hundreds of volunteers and donors, a committed board of directors, a dedicated pro- fessional staff and enthusiastic civil servants and elected officials. The true success of the Greenway is not so much the physical facilities and programs, but the magnificent partnership that created them. The entire Yakima community, at all -levels, has worked toward a common goal. It is this partnership that has won the Greenway acco- lades across the country, including being se- lected a Point of Light in 1991 by President George Bush and the pathway system being named a National Recreation Trail in 1992. The 1976 Master Plan served primarily to give direc- tion and a common vision to this partnership. Similarly, the intent of the 1995 update is not to be a manual of instruction governing devel- opment. of the Greenway for the next 15 years Instead, its intent is to clarify long-term vision so that the dedicated Yakima Greenway Foun- dation, and the community, can continue to achieve success by working toward the same goal, e2 INDEX s' � 1. Why a Greenway? The 1976 Master Plan included a section titled "Maximization Studies" which discussed three • concepts or approaches that are integral to the development of the riverscape. In 1995, we know that these three concepts are really the purpose for developing our Greenway. While the primary purpose of the Greenway is for recreation and conservation, it must also reflect the values of our community. These values are represented in the maximization studies concepts: stewardship, recreation and community image and tourism. How the Greenway reflects the values of our community in these areas today and in the future is key to its success. Stewardship Care of the land in the Greenway is a serious responsibility. Sensitive riparian areas and wildlife habitat must be protected. The needs of people must also be considered. To properly care for the land, a management plan must be created. To create a management plan, we must become fanuliar with our resources. Therefore, inventories of plant and animal life must be conducted; gap analysis of missing species is recommended; wetlands should be identified. Reclamation of degraded areas should continue. Interpretive signing, viewing platforms and trails can be added. Access should be limited in extremely sensitive areas. The success of stewardship will depend in large part on the involvement of the community as well as state and local regulatory agencies. Regulatory agencies include Yakima. County, cities of Yakima, Union Gap' and Selah; Washington state departments of Ecology, Natural Resouces, Transportation and Fish and Wildlife; and the Yakama Indian Nation. Recreation With the awareness of the need for physical fitness and stress reduction in an over -stimulated society, active and passive recreation along a beautiful river meets the needs of many people. The Greenway currently provides a wide range of recreational opportunities including walking, running, biking, skating, fishing, bird -watching, lawn games (Frisbee, volleyball, etc.), picnicking and boating (canoe, kayak, raft, drift boat, etc.). Greenway programs and events, such as the Gap - to -Gap Relay, EAGLE Earth Day and Winter Walk, also showcase these natural and recreation resources. Other opportunities abound and should be considered and planned for in the future. For example, a primitive group camp for day or overnight use on an island off the Jewett Pathway is being studied and could be operational by 1996. Other ideas include: skate park, BMX bike course, putting green, unpaved nature trails, lawn bowling, horseshoe pits, a children's maze, basketball courts ---the possibilities are endless, but each use must be appropriate and harmonious with the riparian corridor. Community Image and Tourism The river corridor is the gateway to the greater Yakima urban area; people want to have an inviting, aesthetically pleasing entrance to their home town. A park -like, well-maintained appearance along the river, clearly being enjoyed by many, shows a sense of community pride to residents and visitors alike. Therefore, riverside lands must be kept clean and development appropriate. Providing river access for recreation and enjoyment of the natural environment benefits both image and tourism. The addition of interpretive facilities providing education and information on river systems, geology, riparian care, plant and animal life and historical and cultural perspectives complements the image and tourism goals and should be a priority. Proper stewardship of the river corridor while providing recreational opportunities is the Greenway's ultimate contribution to a strong community image which, in turn, enhances t INDEX 1 • • Il. 1976 Master Plan Findings and Reoommendations Status Report The 1476 Master Plan included a list of nine findings and recommendations. The 15th anniversary of the Yakima Greenway Foundation in 1995 is an excellent time to revisit these and note where we are today in regard to each and create a new set of recommendations for the next 15 years. 1976 Finding #1:' A continuous open -space, park and natural -area corridor between Selah Gap and Union Gap is feasible and desirable, and there is an evident public need for a continuous greenway in that area. 1976Recommendation: The state, county, and local municipalities should adopt and implement a roaster pian for the Yakima River Regional Greenway, recognizing the need for a continuous river -related greenway from Selah Gap to Union Gap; appropriate agencies should introduce a bill into the state legislature formally rocognizitig the greenway as a*conservation area; of statewide significance. 1995 Status: The 1976 Jones and Jam tester Plan was adopted bythe City and County of Yakima. The state legislature created the Yakima River Conservation Area, 3600 acres also known as the Greenway Overlay District. The Greenway is developed and operated by the private, nonprofit Yakima. Greenway Foundation (originally incorporated as the Yakima River Regional Greenway Foundation). the future. The Foundation should work to add the Naches River corridor and southeast section of the Greenway corridor to the Conservation Area. Ultimately, the section of the Yakima River from the Selah Gap to the Yakima Canyon should also be so protected. 1976 Finding #2: The study area contains uniquely valuable wetland areas of unusual size and richness for an and locale. 1976 Recommendation: Valuable wetlands should be preserved in their natural state. w 1995 Status: A number of wetlands are protected by virtue of state and local laws, ownership and accessibility. Federal, state and local regulations also affect wetland access and development. The Foundation has not taken an active role in protecting specific wetlands. The future: A wetland inventory should be taken within the Yakima and Naches river corridors with the goal of identifying valuable wetland locations. Then a wetland management plan should be created and implemented. 4 Wetlands serve a wide variety of crucial natural functions including water quality maintenance, wildlife habitat, erosion and flood control and recharge of groundwater. In addition they are valuable areas for recreation, education and scientific study. 1976 Finding #3: The study area is being surrounded by the Yakima Urban Area, and is therefore threatened. 1976Recommendatton: The greenway should be protected against further incompatible development, new gravel mining, and other adverse actions; public land and/or easement acquisition should take precedence over facility development. 1995 Status: Urban development continues and most has been compatible, if not always attractive. Greenway facility development has taken precedence over land acquisition (current facilities include 3 parks, 4 river landings, 10 miles of pathway and natural areas with trails) in order to facilitate fundraising and to take advantage of opportunities (usually in the form of funding) that became available. Gravel mining is no longer considered an activity to be avoided at all costs, especially if it can provide enhancements to the river such as salman overwintering habitat. 7Wf future: The Foundation should complete a careful study of the corridor to determine plant and animal species presets identify land for protection and/or acquisition and create a management plan to ensure the corridor is used and protected as appropriate. DOC. Page 4 IND `�lU 1976 Frnding #4. The study arca is part of an important north -south State Trails corridor: water trail-- Kittitas Valley to the Columbia; foot/horse trail—Kittitas Valley to Yakima; bicycle trail—Kittitas Valley to the Columbia. 1976 Reconunenda&n: A continuous bicycletfoot trail should be developed from the City of Selah to Union Gap. 1995 Status: Trail in place from Selah Gap to Valley Mau Blvd. T7ee future: Work with City of Union Gap, DOT and private land owners to continue pathway to the Union Gap, over the river and connect to the Lower Valley Pathway. 1976 Finding MS: There is potential for connecting this reach to the Yakima Canyon reach to form a continuous conservation and recreation corridor. 1976Re wmnwndation: This reach should become part of a recreational trail corridor extending fromthe Kittitas Valley to the Columbia River. 1995 Status: Land owners in the Selah Gap to Yakima Canyon area were contacted by the Foundation in 1991. At that time, they had no interest in seeing their land developed as pathway or brought into the Conservation Area. They generally felt that they were doing an acceptable job of protecting the land and that they did not want it open to the public. The future: The Foundation should continue to be a resource for information and engage in ongoing communication with interested landowners. Expandingthe Conservation Area and providing public access via pathways and river landings can be accomplished only with the cooperation of all affected parties. 1976 Finding #6: There is enthusiastic public support for a river park in the study area. 1976Reconumendation: Citizen groups should continue to promote the greenway. 1995 Status: Three parks have been developed with different focuses serving unique functions. Sarg Hubbard Riverside Park, 28 acres, now sits in the center ofthe Greenway at the former site o£ the city landfill and is the Greenway's showpiece. Sherman Memorial Park, 10 acres, lies one mile to the south at the end of the Nod Pathway. Sunrise Rotary Park was developed in 1994 and features the McGuire Community Playground. Built at the southern tip of the Boise Cascade property, this is an outstanding example of what the Greenway is all about: 2000 volunteers put the whole park and playground together in just five days. The future: Because of the popularity of the parks and all Greenway facilities and activities, parking is woefully inadequate. The Greenway must work with the city and private land owners in the area to develop adequate parking. All parks must continue to be maintained to the highest standards. 1976 Fording #7: A significant part of the reach is publicly owned (City ofYakima., Washington State, Yakima County); thus there is great opportunity for cementing and expanding public ownership to protect the entire reach. 1976 Recommendation: Land -managing public agencies should seek to consolidate and connect their holdings, and cooperatively manage them for conservation and recreation purposes. A Yakima River Greenway Commission should be formed to coordinate public -agency actions. 1995 Status: The Greenway enjoys a remarkable relationship with city, county and state agencies which own land in the corridor. Greenway facilities have been developed on land owned by all of these and management agreeznents have been created and successfully operated. Because of the extent and variety of Greenway development in the corridor, coordination between public agencies has been excellent. It is not necessary for the Greenway to actually own the land, as the cooperative agreements have worked well. The future:. The Greenway will continue to work with these agencies to develop and protect public land. Consolidation of holdings may not be necessary, especially ifthe Greenway is the coordinating organization. • 1976 rinding #8: There is an unparalleled opportunity for the social and environmental enhancement of the Yakima Urban Area through the formation of a greenway. 1976Rrcommendation: The Yakima Urban Area should view the greenway as: an urban shaping area, a regional and metropolitan park corridor, a regional and urban trail corridor, a pleasing gateway to the upper Yakima Valley, a close -in natural education area, an enhancement to the riverside communities and a link in a regional open -space system. 1995 Status: The Yakima Greenway is definitely considered to -be all of the above and has received national recognition for its accomplishments. In 1991, Greenway volunteers were named a "Point ofLight" by President Goorge Bush. In 1992, the Greenway path system was designated aNational Recreation Trail. The Greenways environmental education program (EAGLE) reaches over 1000 students each year with Earth Day activities and free curricula provided to educators. The Greenway is fondly called "the Jewel ofYakine by its citizens. The future: The Greenway should continue to be a place for active recreation (organized programs) as well as passive. Community involvement will continue to develop opportunites for growth of facilities, fundraising ability and environmental awareness. 1976 F"mirmg #9: The study area is suitable for a wide range of recreational uses (including lake boating, bicycle trails, foot trails, river floating, fishing, picnicking, group camping, field games, and indoor recreation) and conservation programs (including a natural -studies center, interpretive nature trails, viewing platforms, school programs, interpretive signing and displays and wildlife management). 1976 Recommendation: Appropriate parts of the greenway should be deveJoped for recreational use, as recommended; valuable natural areas should be protected and used for interpretiveleducational purposes. 1995 Status: The Greenway has done an excellent job of developing recreational areas including parks, pathways, and boat landings. An environmental educationprogram (EAGLE) has also been created, using the Greenway as a natural lab. Some natural areas have been protected but are not actively used for interpretive/ educational purposes. Thefuture: An extensive system ofinterpretivesigns shouldbecreated andaddedtothefewthatcunrntlyexist. Sarg Hubbard Park could be the site of a Greenway office/recreation and nature studies center. Recreational use of the developed areas could be expanded with the addition of an active recreation program. Natural areas need to be identified and a management plan created and implemented. This plan would include use of these areas for educational purposes. Additional recommendations for the future of the Greenway All land owners in the corridor should be contacted and kept apprised of Greenway activities and plans. They should be informed about conservation options and encouraged to work with the Greenway to ensure that all Ind along the Yakima and Naches rivers are managed for the future. Vandalism, including gang graffiti is a nation-wide reality and has become a serious problem throughout Yakima; the Greenway is no exception. Parking lots are especially vulnerable to break-ins and car prowls. The Yakima. and Union Gap b&c patrols do an excellent Job ofpatrolling the pathway during the warn season and patrol cars from these departments and the Sheriff regularly cruise through the Greenway facilities. The Foundation added a golf can "Courtesy Carl" operated by volunteers to patrol the pathway. Still, the problem grows and pathway users can feel unsafe and exposed. This is a social problem facing the entire community, but especially serious for the Greenway, as it results in declining usership which causes reduced financial support. A solution which includes increased activities, people and presence throughout the Greenway must be found. Fundraising for capital expenses and ongoing maintenance and operations will continue to challenge the Foundation, especially as the Greenway grows and competing needs in the community increase. The creation of new facilities and programs should always include a linkage to fundraising and recruiting volunteer help. Page 6 *SPECIAL THANKS TO KCM FOR ALLOWING USE OF THIS MAP PREPARED YAKIMA COUNTY'S FLOOD HAZARD MANAGEMENT PLAN I N ® EX MAP LEGEND 0,t* V Gr way Landings / " Roads i l ng Pathway A�,,�P°"o Pathway Rivers Master Ran Designations Greenway Desi gnati ons Conservation ./ry I<tural �. Recreation " Actual routes of proposed pathways not determined. YAKIMA GREENWAY PATH SYSTEM 40F7,77-;, i P-1 Hoel Pathway Existing P-2 Yakima Greenway Path Existing P-3 Jewett Pathway Existing P-4 Plath Pathway Existing FACILITIES IDENTIFIED IN MASTER PLAN This Master Plan Update refers to seven areas—either recreation, conservation and natural—in the Greenway corridor. This chart illustrates how those areas have evolved since the original 1976 Master Plan was written. 1976 1986 1221,1995 Selah Recreation Resthaven Natural Selah Gap Recreation Selah Gap Recreation Naches Natural Naches Natural Roza Conservation Terrace Heights Conservation Terrace Heights Conservation Riverside Recreation Riverside Recreation Riverside Recreation . Sportsman's Conservation Sportman's Island Conservation ` (Included in Riverside Recreation) Ibi-verside Conservation Riverside Conservation Riverside Conservation Riverside Natural Union Gap Natural Union Gap Conservation DOC. INDEX C 16 1 Pulbright Park (Onion Gap) Existinq 2 Natural Area Proposed 3 Vallev Mall Comm. Center Proposed 4 Northwest SeCtion Existin 5 JGCOOMway Ial. Group Camp Proposed 6 Riverside Group Camp Proposed 7Nob Hi 11 Autowrecking Proposed B KdA Campground Existing 9 'Yakilm Sportsman St. Pk. Existing 10 Shelman Memorial Park Existing 11 Yakima Area Arboretum Existing 12 Park Lake Area Proposed 13 Kiwanis Park (City of Yakima) Existing 14 Sacg Hubbard Park i Landing lExisting 15 Hartford Property Ptopoeed 16 Rovetto Property Proposed VA Sunrise Rtry Pk./McGuice 9gd Existing '17B Boise Cascade Property Proposed 18 Rota Lake Existia 19 Berglund Lake Proposed 20 Smith Property P[o osed 21 Gravel PLt Ponds Proposed 22 Myron Lake Proposed L-1 Harlan Landing Existing L-2 Robertson Landing Existing L-3 Century Landing Existing This Master Plan Update refers to seven areas—either recreation, conservation and natural—in the Greenway corridor. This chart illustrates how those areas have evolved since the original 1976 Master Plan was written. 1976 1986 1221,1995 Selah Recreation Resthaven Natural Selah Gap Recreation Selah Gap Recreation Naches Natural Naches Natural Roza Conservation Terrace Heights Conservation Terrace Heights Conservation Riverside Recreation Riverside Recreation Riverside Recreation . Sportsman's Conservation Sportman's Island Conservation ` (Included in Riverside Recreation) Ibi-verside Conservation Riverside Conservation Riverside Conservation Riverside Natural Union Gap Natural Union Gap Conservation DOC. INDEX C 16 1I1'. Greenway Corridor r Plan, six areas (and two potential ones) were defined within the 3,600 -acre Master Plan Update identified seven areas which included one addition an several name changes to better define the type of property and its most appropriate use. The 199W update also identified seven areas with one addition and one area combined with another. This 1995 update references the same areas as the 1991 Master Plan Update. Areas are defined as natural, conservation or recreation. A natural area has paramount natural value. Recreational use would be incidental to the goals of preservation, enhancement and reclamation. A conservation area has a lower natural value, _ a higher need for reclamation and enhance- ment or a greater suitability for recreational use. Conservation areas may contain both natural segments and recreational -use segments. A recreation area may have natural segments, but its suitability for recreational use outweighs its other aspects. (* = projects which are completed or in progress.) . SELAH RECREATION AREA (1991 Addition to 1976 Master Plan) This area, north of Selah Crap, was added because excellent recreation opportunities exist here. There is potential for connecting the north end of the Greenway path system with proposed paths through the City of Selah, then linking the paths to the series of lakes between I-82 and Selah. The boundaries of this area are the entrance to the Yakima River Canyon on the north and Selah Gap (Harlan Landing) on the south. It is important to note that all extensions and additions to the Greenway will be done only with the coordination between both affected land owners and relevant government entities. is Greenway rgtb Gralgi. P'i Pond S" l h Boat Landing Location Both sides of river where land forms and water course are most suitable. Purpose Multi -use, recre- ational pathway. Elements Asphalt pathway 10 -feet -wide, turnouts at sce- nic areas, picnic tables, benches, vaulted pit toilets. Action Y a k i m a Greenway Foundation, State of Washington, Yakima County, City of Selah, private landown- ers. Comments Incorporation of this area into the Greenway Overlay District will require expansion of the Washington State Yakima River Conserva- tion Area, as defined by the Washington State Legislature in 1977. Location North of Elks Golf Course, south of Harrison Road on west side of river. Purpose Boating, canoe- ing, fishing and swimming. Elements Series of con- nected ponds, boat launch pads, vaulted pit to gar- bage cans, parking. Action Privately owned. Yakima Greenway Foundation, private landowners, Washing- ton State Legislature, Yakima County, City of Selah. Comments Project would depend on successful negotia- tions with private land own- ers. Location At Harrison Road. Purpose To serve as north- ernmost river access in Greenway corridor. Elements Boat ramp, pic- nic facilities, parking, restrooms. Action Y a k i m a Greenway Foundation, private landowners, Yakima County, City of Selah. [Pictured at right: Harlan Lan Ing, at the north end of th Greenway, In the Selah Gap.] Doc. INDEX SELAH GAP RECREATION AREA (Referred to as Resthaven Natural Area in 1976 Master Plan) This area was previously defined as a natural area. However, the area has had an increase in recreation use since the original Master Plan and several recreational opportunities within this area suggest that it ,is better suited as a recreation area. It is one of only three defined recreation .areas in the Greenway corridor, two of which have been. developed. The boundaries of this area extend from Harlan Landing on the north, to the southern end of Rotary Lake on the south, and from the western side of Bergland (Gordon) Lake on the west, to Resthaven Road on the east. Existing development within the area is very limited, with a mobile home park adjacent to Bergland Lake and a few isolated residences as the only significant developments. Railroad lines cross the Naches River west of Bergland Lake enroute to Selah. t.' Location Directly in Selah Gap, with access off Resthaven Road. Purpose River access, picnic area and trailhead for the Greenway path system. Elements Nature trails, paved trails, float launch, picnic tables, restrooms, fishing piers, barbecue grills, volleyball court. Park -like area around northern pond with grass and picnic ftrp Jandn air Location Pond wedged between 1-82, High- way 12 and Naches River. Access from Sixth Avenue, and from North 1st Street on Tamarack and Gordon . Avenues, from Harlan Landing and from pathway system. Purpose Natural swimming pond with ap- propriate support facilities; possible fishing. Elements Restroom, picnic areas, swimming docks within pond, circulation fountain, garbage cans, land- scaping improve- ments, commercial (vendor) structures, pathway, links to Selah/Noel Path- way/Plath Pathway, trolley stop, parking. Action Yakima Greenway Founda- tion, private land- owner, Dept. of Wild- life, Yakima County, City of Yakima. Comments Project dependent on negotiations with private landowner, trolley association, and others. Major clean-up and continuing mainte- nance would be expensive. Pathway currently runs along north and west edges of lake and links with Plath Pathway. Page 10 DOC. INDEX # CI(P ... .moi: - - " Rotary Lake Location East of I-82, south of Naches River confluence, west of Yakima River. Purpose Primarily fishing lake with spe- cial facilities for access by the disabled. Elements Disabled -access fishing piers, bridge over Boise Cascade intake stream, picnic areas, restroom, path at shoreline from bridge to piers and link to Noel Pathway. Parking lot located about 1/4 mile south; access via 4th and R Streets. Action Yakima Greenway Foundation,. Yakima Rotary Club grant, Washington State Interagency Committee for Outdoor Recreation. Comments Could add more fishing docks and paths if use warrants. Name has been officially changed from Freeway to Rotary Lake by State Geographic Board. Department of Wildlife stocks lake annually. This facility was dedicated in 1989. NACHES NATURAL AREA (1986 Addition to the 1976 Master Plan) Adding the Naches River corridor to. the Greenway corridor "officially" will. require state designation of this segment of the Naches as a State Conservation Area. This includes the natural area adjacent to the Naches River before its confluence with the Yakima River. The boundaries of this area are the mouth of Cowiche Canyon to. the west and Bergland Lake to the east. Northern and southern boundaries will be determined by pathway locations on both sides of Naches River. Greenway Patlmwa° Location Between 40th Avenue and Cowiche Canyon Road (east end of Cowiche Canyon Trail). Actual course to be determined. Purpose Paved connection to existing Greenway path system to tie in 40th Avenue, Naches Valley, Powerhouse Canal Pathway and Cowiche Canyon (Cowiche Canyon trail to re- main unpaved). Elements 10 -to -12 -feet -wide paved path, garbage cans, benches, picnic areas, parking. Could have additional unpaved path. Action Yakima Greenway Foundation, Yakima County, City of Yakima, private land- owners, Department of Transportation, Cowiche Canyon Conservancy. Possible state grants. Comments -Some phases of project dependent on negotiations with' private landowners. May require expansion of the Washington State Yakima River Conservation Area, defined by the State Legislature in 1977. " flath,Pathwgy Location Between 6th Avenue and 40th Av- enue/Fruitvale Blvd. along the Naches River, Lake Aspen, Willow Lake and Myron Lake. Purpose Paved transportation/recreationroute providing connection to existing Greenway path sys- tem from the west side of town .dements 12 -feet wide, 3 -mile long paved path; interpretive signage; garbage cans; benches; picnic areas; fishing access; parking. Action Yakima Greenway Foundation, Plath Family, Yakima County, City ofYakima, Department ofTransportation (ISTEAgrant, DOT right-of-way), Dept. of Fish & Wildlife, Washington Central Rail- road, Yakama Indian Nation, private landowners. Comments Construction began in October of 1995; dedication to follow spring 1996 completion. 0 [Pictured at right: The McGuire Playgroup 01 at Sunrise Rotary Park was built by 2000 volunteers in just five days.] 00C. . INDEX C- I ( TERRACE HEIGHTS CONSERVATION AREA (Referred to as Roza Conservation Area in 1976 Master Plan) • This area fits well into the description of a conservation area, with many natural qualities along with a great need for reclamation and enhancement. The area includes 88 acres of open area on the east side of I-82 across from the Boise Cascade mill. Several previously existing ponds on the property are now filled with wood chips and plant debris. The boundaries of this area extend from Rotary Lake on the north to the Terrace Heights Bridge on the south. I-82 forms the west border of the area, and several roads, dikes and canals define the east border. Little development of any kind is in the area, except an area of housing off Hartford and Butterfield roads. " BobQjcadt Pr e Location Between I-82 and Yakima River, south of Rotary Lake, north of Terrace Heights interchange (approximately 88 acres). Purpose Open -space area with river ac- cess, parks and pond fishing. Elements Sun- rise Rotary Park, nature trails, Yakima Greenway •Pathway, picnic sites, pond fishing. Possible urban for- estation project, small parks or earth work sculpture site. Action Yakima Greenway Founda- tion, Boise Cascade, Yakima - County, possible Washing- ton State Inter- agency Committee for Outdoor Recre- ation grant, service clubs (Sunrise Ro- tary Club has ex- pressed interest in further developing the property north of Sun- rise Rotary Park/McGuire Playground). Comments Formerly owned by Boise Cas- * Sogrist,,11otary ParknLeguire C" MMunitj Playaround Location Southern tip of Boise Cascase prop- erty just west of the pathway, Purpose Bark -fill reclamation, children's play- ground, picnic and rest area. Elements Large wooden Robert Leathers play- ground, vaulted pit toilet, drinkingfoun- tain, benches, picnic tables, bike racks. Action Yakima Greenway Founda- tion, Sunrise Rotary Club, McGuireLum- ber Co., 2000 volun- teers and hundreds of businesses who do- nated labor and ma- terials to make this $250,000 park and playground possible. Comments B u i l t in just five days in May 1994 with vol- unteer labor, this project is a source of great commu- nity pride and the epitome ofwhat the Greenway is all about. iscade and used as wood and bark chip fill area, donated to the Yakima Greenway Foundation in 1987. Master Plan being developed by a board committee. ge 12 INDEX 9M5MasterPImLodAs Res havers Road),- 5milh if rmerl Dawson * YakiMa GrreenwalPat Pronerty Location 25-28 acres located south and west of Resthaven Road between the Yakima River and Department of Wildlife property around what used to be Resthaven Lake, which became part of the river channel due to 1990 flood. Purpose Natural habitat, river access. Elements Nature trails, fishing. Action Yakima Greenway Foundation, possible Department of Natural Resources ALEA grant, private landowner, Department of Wildlife. Comments Yakima Greenway Foundation should acquire privately -owned land adjacent to Department of Wildlife property around former Resthaven Lake. Best used as Iimited access area for fishing, educational purposes. Hartford Proaerty Location East side of river, south of Hart- ford Road and Washington Central Railroad trestle. North of Terrace Heights Road and Department of Transportation property. West of houses that line Roza Canal. About 65 acres. Purpose Possible income-producing prop- erty if developed for commercial purpose. Pos- sible equestrian trails or center. Elements Would depend on purpose. Action Yakima Greenway Foundation. Comments Much of the property is owned by Yakima Greenway Foundation, plus small, pri- vately held parcels and a large parcel owned by Department of Transportation. Greenway prop- erty could be used as a match for state grant to acquire other property in Greenway corridor. Previous owner purchased property to use for gravel mining but couldn't get the necessary permits. City of Yakima has expressed interest in the area for constructing ball fields. Location Three -mile -long path on di from Terrace Heights Drive to Harlan Landing in Selah Gap; named National Recreation Trail in 1992 by U.S. Dept. of the Interior. Purpose Multi -use pathway. Elements 10 -feet -wide, paved path with gravel shoulders, picnic tables, benches, restrooms and parking. Action Yakima Greenway Foundation, Yakima County, City of Yakima, Washington State Interagency Committee for Outdoor Rec- reation grant and Fort Simcoe IUOE Job Corps Program. This facility is in place, dedicated in 1989. Comments Addition of McGuire Playground has created parking/access problems. Need to seek additional parking and a way to handle pathway congestion between Sarg Hubbard Park and the playground. u 0 RIVERSIDE RECREATION AREA •This is the primary recreation area of the Greenway corridor. The main features are Sarg Hubbard Riverside Park, Sherman Memorial Park, Robertson Landing, Sportsman State Park and the Noel Pathway. "Park Lake, will be a key feature in the future. In addition to these recreation areas, the Yakima Area Arboretum serves as an educational facility and "tree museum" and the Sportsman Island Natural Area provides habitat for wildlife. A large number of landowners share this central section of the Greenway, including the county, city and state. The largest parcels include the "Park Lake" area (private) and Yakima Sportsman State Park Existing development has had its greatest impact in this area. Several sites would require extensive reclamation, including the auto wrecking ' yards and a 60 -acre gravel pit. Extreme caution must be exercised in acquiring land on or near these potentially -contaminated sites. The boundaries of this area extend from Yakima Avenue/Terrace Heights Drive on the north to Nob Hill Blvd./H'ighway 24 on the south. The freeway forms the western boundary, and Keys Road and the dike form the boundary on the east. Location West side of river just south of Terrace Heights Drive; approximately 28 acres. Purpose Multi -use park and recreation grounds; reclamation of former city land fill. Elements Picnic shelter, restroom facilities, is paved parking, paved pathways, Junior League tot lot play area, Bill and Ted Robertson Amphitheatre with bleacher seating, fountain and island stage, fit- ness course, Zonta pe- destrian bridge, Soroptomist observa- tion platform and 'Sarg Hubbard Natural Area funded by Washington Beef Site- of mainte- nance shop . and office. Possible future Greenway office/visi- tors center. Action Yakima Greenway Founda- tion, Washington State ,Interagency Commit- tee for Outdoor Recre- ation ' grant, Fort • Simcoe TUOE Job Corps Program, 'City and County of Yakima and numerous service clubs, businesses and individuals. . Comments City -owned land managed by Yakima Greenway Foundation; developed in two phases, dedicated in 1987 and 1994. Re- quires high level of maintenance. Bus service from downtown to park. Used as site for Greenway fund-' and fun -raising events in- cluding Winter Walk, EAGLE Earth Day, Gap -to -Gap Relay, con- cert series, A Case of the Blues festival and Great Yakima Duck Race festival. Because of popularity of events and Greenway facili- ties, additional park- ing is desperately needed. One possiblity is city -owned land cur- rently occupied by Su- perior Asphalt (who will be vacating winter UL 1996-97). Sara Hubbard Park features amenities such as these picnic facilities that enjoy a view of the Yakima River. Page 14 INDEX r! -.. LS-aLS-arg Rubbard Jap,ding Location. West side of river, south of Terrace Heights Drive, adjacent to Sarg Hubbard Park. Purpose Provides access to the Yakima River for non - motorized boats. Elements Float -launch and picnic area. Action Y a k i m a Greenway Foundation, Wash- ington Fruit, Washington State Department of Natural Re- sources ALEA grant, Yakima County. Comments This facility was completed in 1987. LKiwani ' Ar (C"hyofYakhm) Location West of Interstate 82 on East Maple and Fair Av- enue. Purpose Family picnic area and team sports facilities for recreational use. Elements Picnic area, tables, restrooms, softball dia- monds. Action Yakima City Parks, Yakima Kiwanis Club. Comments Although across I-82 from the Yakima Greenway corridor, this park is readily accessible via the Beech Street underpass and the proposed Conference of Gov- ernments trail plan that would link the Central Washington State Fair grounds, and areas in between, to the Noel Path- way. This park is managed by City of Yakima Parks Depart- ment. �Egrlk ;Cake area Location 60 -acre gravel pit south of Sarg Hubbard Park, west of river and pathway. Purpose Non -motorized boating and water -related park uses plus commercial develop- ment and recreational activi- ties; e.g., open air restaurant, boat rental, motel facilities, of- fices. Elements Reclaim gravel pit including grading, reveg- etationi, enhancement and sta- bilization of lake area. Con- struction of docks, floats, mo- tels, restaurant, paved parking and paths. Action Y a k i m a Greenway Foundation, City of Yakima, private landowner, Central Pre -Mix. Comments Central feature south of Sarg Hubbard Park. Requires continued negotia- tions with property owner for possible future acquisition of lake area. Community task force led by the Foundation is studying best use of entire area from standpoint of landowner, Central Pre -Mix and commu- nity. Gravel mining permit with Department of Natural Re-. sources requires reclamation of pit for use as recreation area, with 3:1 slopes above and be- low water level. Mniing should be complete in 1996, according to Central Pre -Mix. * Yakima Ar as Arbor n�a Location West side of the river south of "Park Lake" area and north of Highway 24 adja- cent to interstate 82; approxi- mately 35 acres. - Purpose Regional arbor tum. Elements Study collec- tions, ornamental displays, spe- cial shows and programs, park nursery, trails, Jewett Interpre- tive Center, Plath Solarium. Action Yakima Area Ar- boretum and City of Yakima. Comments Managed by separate non-profit foundation, Yakima Area Arboretum. Land owned by City of Yakima. * Sherman Memorial Park; Location West side of river, north - of Highway 24, adjacent to Yakima Area Arbo- retum; approximately 6 acres. Pwpose Park, picnic area, pathway connection. Elements Fred Westberg Memorial Picnic Pavilion, bar- becues, natural areas, paved parking, tot play area, south- ern terminus of Noel Pathway. Action Y a k i m a Greenway Foundation, City of Yakima, Yakima Kiwanis Club. Comments This facility was dedicated in 1984. The land is owned by the City of Yakima and" managed by Yakima Greenway Foundation. In 1992, the "Shields Addition" of the park (5 acres in the southwest comer) was donated to the Ar- boretum. In 1994 the Westberg picnic shelter and additional parking were added, a gift of the Yakima Kiwanis Club. Park could be improved with plantings, especially along the Arboretum fence line. DOC. * >El; harts n In Wocation West side of river, north of Highway 24, south of West Birchfield Road. Purpose Float access to river and recreation facilities. Elements Picnic areas with barbecues, paved nature trails, paved parking, restroom facili- ties, river float launch area. Northern terminus for Jewett Pathway. • • Future connecting point for Noel Pathway and Jewett Pathway if easement can be acquired from private land owner (center section of dike between Robertson Landing and place where pathway drops off dike into Arboretum area). Action Y a k i m a Greenway foundation, *obertson Charitable Trust, akima County, Washington State Department of Natural Resources ALEA grant. Comments Floods fre- quently (in 1990 boat ramp was washed away; in 1995, ramp was covered with gravel and extensive damage occurred). Should be maintained as natu- ral area for low .maintenance. This facility was completed in 1997. In 1995, mining project was begun by the Yakima County Diking Improvement District. This three-phase project will result in salmon overwintering ponds, provide gravel to raise the dike on the east side of the river and create a swimming pond and beach r Greenway users. Project xpected to be completed in 1996. T otbrwid a CE2M1i11g Location Old Moxee bridge crossing at West Birchfield Road. (Now part of Robertson Landing.) Purpose To provide foot and bicycle traffic access be- tween park areas on east and west sides of river. Elements Glue lam arch bridge or suspension bridge suitable for foot and bicycle traffic. Action Y a k i m a Greenway Foundation, Washington State Parks. Department. Comments Department of Transportation has created plans to include dedicated pe- destrian/bicycle access as an element of reconfiguring the present Highway 24 bridge over the river. Date of actual construction is unknown due to funding constraints.. This would make development of the footbridge a lower priority, as there would be a safe river crossing to connect the west - and east -side pathways and parks. Yalcirna Svorftman alteplark Location - East side of river, Terrace Heights Drive to West Birchfield Road. Large natural island in river is part of park- Purpose arkPurpose Washington state park with extensive facili- ties for overnight camping, day -use picnic and recreational activities and natural areas. Elements Overnight camp- ing, RV parking with utility services, day -use picnic area, child play areas, paved park- ing, nature trails. Sportsman Island has high natural value and provides good wildlife habitat. Action Washington State Parks, Yakima Greenway Foundation. Comments Camping facili- ties and natural areas should be expanded. State Parks De- partment has been purchasing property north of park, up to Terrace Heights Drive so they can control land from dike to river. They ultimately plan to work with Yakima Greenway Foundation to put a path on the dike between Highway 24 and Terrace Heights Drive. ®®CPage 16 INDEX C-l(o 1995 MasterPlanUpdale Location East side of the river adjacent to Highway 24.. Purpose Commercial overnight RV Park. Elements Extensive RV park with utility hookups, play- grounds, cabins, recreation fa- cilities, convenience store, RV services. Action Private owner- ship. Comments A compatible use of land within the Greenway. * Greenway Path Location East and west side of the river on dike system between Terrace Heights Drive and Nob Hill Blvd. Purpose A multi -use, paved pathway for recreational use would provide a path loop in central section of Greenway. Elements A - 10 -feet -wide paved pathway for bicycling and foot traffic ultimately to run the length of the park sys- tem. Possible future expan- sion to link with state fair grounds and Conference of Governments -designated Yakima Valley bike routes. Action Yakima County, Yakima Greenway Foundation, Washington State Parks De- partment, Washington State Interagency Committee for Outdoor Recreation grant. Comments The 1.6 -mile Noel Pathway from the Terrace Heights Drive under- pass to Sherman Memorial Park was completed in 1984. Link- ing Noel Pathway to Jewett Pathway at Robertson Land- ing will require obtaining ease- ments on dike from two pri- vate landowners (one of whom is willing, the other not). Na Hill Jo &reS1U"pg and Hicks ProAerty Location North of Robertson Landing (Birchfield Road dead end) and east of Sherman Park/Arboretum area. Purpose Need easements from these private landowners for path on dike. Elements Pathway connec- tion between Noel Pathway, Robertson Landing and Jewett Pathway. Action Y a k i m a Greenway, Foundation, Yakima County and private landown- ers. . Comments Hazardous waste liability laws will prob- ably keep Yakima Greenway Foundation' from acquiring t property due to high cost fa reclamation. RIVERSIDE CONSERVATION AREA This area has strong natural value, but could also blend in a group camping area as an *important recreation element. Several gravel pit ponds exist and require reclamation. Most properties are large holdings, including several parcels owned by the Yakima Greenway Foundation. The greatest impact on the east side of the river now comes from grazing, which has weakened the stability of the edges and reduced its quality as a habitat area, and an operating gravel pit which limits river access. On the west side, the greatest impacts are commercial developments and the City of Yakima Wastewater Treatment Plant. Although several features of this area (addressed below) could be developed, the major section of this region will be maintained as a conservation area with the specific goal of providing a natural border to the river. Another goal will be to develop a riverside pathway, in addition the the Jewett Pathway, where feasible. The boundaries of this area are Nob Hill Boulevard/Highway 24 on the north and Valley Mall Boulevard (and the area directly across the river from Valley Mall Boulevard) on the south. Like the other conservation areas, the freeway determines the western boundary, and Birchfield, Thorp and Riverside Roads form the eastern boundary. Location West side of river from Robertson Landing to Valley Mall Boulevard. Purpose Multi -use pathway for recre- ational use, connecting with the Noel Pathway. Elements An 8- to N -feet -wide, multi -use, paved pathway; turnouts for benches and pic- nic tables; parking; and restrooms. Action Yakima Greenway Foundation, Don and Helen. Jewett, Yakima County, City of Yakima, Dept. of Transportation, Washington State Interagency Committee for Outdoor Rec- ceation grant, private landowners. Comments This 1.8 -mile section of path was built in 1993 and dedicated in July. It is the first pathway built by the Greenway that is not entirely on top of dike, as it leaves the city - owned dike just south of the spray fields and travels across DOT and private property. Trees were planted on the city property in spring of 1995 as an Eagle Scout project to screen the pathway from the spray fields (both visual screening and to keep spray off pathway). Just west of the path at the south end of the city property is a settling pond that will be the site of •a bird viewing station built in partnership with the city and ' Audubon Society. GreenWal, Island g on m Location Large island in the river off the Jewett Pathway just north of the Mer property. Northern tip owned by City of Yakima,' south- ern tip owned by Central Pre Mix, balance owned by DOT. Purpose Primitive youth day and over- night camp, environmental education center. Elements No permanent structures except possible vaulted pit toilets and potable water stations. Camping to be restricted to certain areas, pond for canoeing, fishing, nature trails. Action Yakima Greenway Foundation, Dept. of Tansportation, City of Yakima, private land owner, Boy Scouts, YMCA, Camp Fire and other youth -oriented organizations. Comments DOT has given Greenway per- mission to begin studying the area for this use. Greenway would manage reservations, other organizations would provide insurance, main- tenance and security. Area to be studied for one or two years beginning summer of 1995 before decision made as to ultimate use of island. DOC Page 18 INDEX Locotion East side of river, south of High- way 24; privately owned, currently being mined by Central Pre -Mix. Includes several man- made ponds. Purpose Ideal regional, youth group camp and retreat upon termination of mining. Owner has considered building a private campground. Elements If developed as youth camp, ele- ments . could include pole building, a primitive camping area with "Adirondack" shelters, a fire circle meeting area and natural play area. Its primary purpose would be for youth organi- zations and visiting groups. Action Private owner, City and County of Yakima, Yakima Greenway Foundation. School districts, YMCA, YWCA, youth and church groups and civic organizations could also become involved. Comments There is a need for a youth camp- ing retreat facility closer to Yakima. This would be a good opportunity to use volunteer labor of youth and church groups and civic organiza- tions. Private campground would also be a compatible use. (If the Greenway Island Camp works out, other plaits could be, made for this area.) Action contingent on land owner's inter- ests and plans. " Northwest Section Location West side of river (west of dike and Jewett Pathway), south of Highway 24 to southern edge of city spray field. Purpose Commercial development and Wastewater Treatment Plant. Action City of Yakima, conservation groups, Yakima Greenway Foundation, and private landowners. Comments Encourage future commercial de- velopment to adhere to Greenway design stan- dards. Existing commercial development and Wastewater Treatment Plant should be screened from I-82 and Jewett Pathway with additional plantings. Valley Mall Interchanze _Cornourclal Cluster Loc on East side of I-82 at Valley Me Interchange, currently in private ownership. Purpose To meet recreation- and tourist - oriented commercial needs and to provide con- venient public access to southern terminus of the Jewett Pathway. Elements • Parking lot and vaulted pit toilet for Jewett Pathway, southern terminus of Jewett Pathway, future commercial development of high ground west of Spring Creek; lower inten- sity uses such as overnight camping. Action Private landowners, Yakima County, City of Union Gap, DOT, Yakima Greenway Foundation. Comments Property is situated within the City of Union Gap. Land owner is interested in allowing the area to be mined (5 -year project); resulting ponds would become salmon over- wintering site and possibly swimming areas. Agreement between landowner (Edler), Co- lumbia Ready Mix and Foundation states tha ponds and adjacent areas will be turned over t Greenway for use as park/open space. Owner is interested in some commercial development east of Spring Creek and west of the ponds; acreage and type of development to be deter- mined at future date. Agreement states that proper buffers will be provided between Spring Creek and ponds and development will adhere to. Greenway design standards. • UNION GAP CONSERVATION AREA (Referred to as Riverside Natural Area in 1976 Master Plan, changed to Union Gap Natural Area in 1986 Update, changed to Union Gap Conservation Area in 1991 Update) The most lush and natural part of the entire Greenway, this area remains as it does today primarily because it has never been diked. The result is a widely braided river with many channels of varying size and volume. With the exception of two carefully placed projects, the area is to remain largely undeveloped., The northem boundary of this area is Valley Mall Boulevard on the west side of the river and corresponding points on the east side of the river, the Union Gap is the southern boundary; I-82 and SR 97 form the western boundary; Thorp and Birchfield Roads form the eastern boundary. Natural Area w -Century Landine Location East side of river in Union Cap at bend of river where it flows under I-82. Purpose River -float boat launch and removal facility. Elements Picnic areas with barbecues, nature trails, paved parking, restroom facilities and river float ramp. Actions Y a k 1 m a Greenway Foundation, Woman's Century Club Jun- iors, Yakima County, State De- partment of Natural Resources ALEA grant. Comments This facility was completed in 1987. Because of its isolated location, it is the target of severe vandalism and dumping. This problem needs to be addressed. Greenway, Path Location East and west sides of river at Union Gap. Purpose To provide trail connections to lower Yakima Valley. Elements Pedestrian/bi- cycle trail connecting the Jewett Pathway to points south, in- cluding Lower Valley Pathway. Action . Y a k i m a Greenway Foundation, Yakima County and State Department of Transportation City of Union Gap. Comments Providing access to the Parker/Buena area will require construction of a river crossing. An alternative is to cantilever a bike path on the I-82 bridge. --Department of Transportation, Yakima County and the City of Union Gap should be encouraged to include bike/pedestrian path- ways throughout the area in their transportation master plans. Eullbri ht Park uth Aclivi. jiesdark Iran Li k Location South end of Greenway near site of former Union Gap Sewage Treatment Plant. Purpose To link west side river trails to Union Gap's Fullbright Park and the county's Youth Activities Park. Elements Pedestrian, bi- cycle and equestrian trails; river access; and trailhead parking at the mouth of Ahtanum Creek. Action Y a k i m a Greenway Foundation, Yakima County and City of Union Gap, Department of Transportation. Page 20 DOC. INDEX # C- Location East side of river to Riverside Road and its ex- tension south to Thorp Road within the flood "plain, exclud- ing existing residential devel- opment. Purpose A natural buffer zone between any develop- • ment and the river to' protect the riparian habitat. Elements Wildlife habitat, protected area. Action Y a k i m a Greenway Foundation, Yakima County, private land owners. Comments. Little develop- ment has taken place in the area and, currently, gazing has had the only significant impact. This land needs more protec- tion than it currently has. It is not covered by Greenway Overlay District provisions of the Yakima Urban Area Zon- ing Ordinance because it is outside the Urban Area bound- aries. It is desirable for the Yakima Greenway Foundation to acquire this land (or conser- vation easements on it) for long- • term management as a wildlife refuge. . w -Century Landine Location East side of river in Union Cap at bend of river where it flows under I-82. Purpose River -float boat launch and removal facility. Elements Picnic areas with barbecues, nature trails, paved parking, restroom facilities and river float ramp. Actions Y a k 1 m a Greenway Foundation, Woman's Century Club Jun- iors, Yakima County, State De- partment of Natural Resources ALEA grant. Comments This facility was completed in 1987. Because of its isolated location, it is the target of severe vandalism and dumping. This problem needs to be addressed. Greenway, Path Location East and west sides of river at Union Gap. Purpose To provide trail connections to lower Yakima Valley. Elements Pedestrian/bi- cycle trail connecting the Jewett Pathway to points south, in- cluding Lower Valley Pathway. Action . Y a k i m a Greenway Foundation, Yakima County and State Department of Transportation City of Union Gap. Comments Providing access to the Parker/Buena area will require construction of a river crossing. An alternative is to cantilever a bike path on the I-82 bridge. --Department of Transportation, Yakima County and the City of Union Gap should be encouraged to include bike/pedestrian path- ways throughout the area in their transportation master plans. Eullbri ht Park uth Aclivi. jiesdark Iran Li k Location South end of Greenway near site of former Union Gap Sewage Treatment Plant. Purpose To link west side river trails to Union Gap's Fullbright Park and the county's Youth Activities Park. Elements Pedestrian, bi- cycle and equestrian trails; river access; and trailhead parking at the mouth of Ahtanum Creek. Action Y a k i m a Greenway Foundation, Yakima County and City of Union Gap, Department of Transportation. Page 20 DOC. INDEX # C- 199510asterPlanUpdate -1V. band Use Policy Initial policies to protect and preserve the Yakima Greenway were adopted by the Board County Commissioners in the 1974 Yakima County Shoreline Master Program. The County Shoreline Master Program was written to implement the Shorelines Management Act which was approved by state voters three years earlier. The purpose of the Yakima County Masser Program is to promote the reasonable use of Yakima County shorelines, preserve and • protect fragile natural shoreline resources and increase public access to publicly owned shorelines where higher use levels are desirable. The Yakima River shoreline Two years later, Yakima not been river- or recreation - from Selah Gap to Union Gap County and the City of Yakima oriented and, for the most part, was singled out as a uniquely adopted the Yakima Urban does not enhance the Greenway valuable recreation, conserva- Area Comprehensive Plan to 'corridor. Protection for the tion and scenic resource when guide growth and develop- Greenway corridor, referred to �. the state legislature created the ment within the city and the so optimistically in the 1986 d Washington State Yakima River unincorporated area surround- Master Plan Update, has Conservation Area in 1977. ing it. Included in the plan was proven to be. inadequate. For ` This legislation defined the a policy statement that the cit- this reason, the Yakima boundaries of the Greenway ies of Yakima and Union Gap Greenway . Foundation Board corridor and authorized the and Yakima County would co- advocates the application of Yakima County Commission- ordinate the acquisition and design standards, such as those ers to coordinate the acquisi- development of the Greenway. outlined: in Appendix I, to all tion and development of land This policy was implemented commercial and recreation within the Greenway for con- in 1986 when the City of Yakima development within the orig� servation, park and parkway and Yakima County jointly nal 3600 -acre Greenway corri- purposes. adopted a single zoning ordi- dor. In August, 1979, the Board nance for the Yakima urban These design standards of Yakima County Commis- area. were adopted by the board of sinners adopted a resolution The "Urban Area Zoning directors as part 'of the 1991 clarifying county policy with Ordinance" includes a update. They were taken to the a. regard to further commercial Greenway Overlay District to Yakima Urban Area Regional and industrial development coordinate the provisions of the Planning Commission as part r,+ within the Greenway corridor. zoning ordinance with the of the adoption process. At a Under this policy, areas previ- more detailed policies adopted public hearing, the design stan- ously zoned for commercial in this plan. Under terms of the dards received no negative and industrial uses were rec- Overlay District, all develop- comments, but numerous pri- k'i° ognized and retained. How- meet, except single family vate land owners were alarmed ever, developers were "encour- dwellings and duplexes, re- by language in the update re - aged to design structures and quires a higher level of admin- lating to use of firearms and landscaping for maximum istrative review and approval gravel mining. As a result of compatibility with the in order to ensure that the the opposition stated at the C Greenway Master Plan." In Yakima Greenway is protected hearing, the 1991 Master Plan = addition, requests to rezone as a natural resource for all to Update was not adopted but is additional land within the Greenway corridor for com- enjoy. Unfortunately, some com- to be used as a .reference docu went by planners.. _. mercial or industrial uses were mercial development subse- Subsequently, a number of discouraged. quent to the 1986 update has developments have occurred p DOC. • • in the Greenway corridor, our design standards were pre- sented to the developers and they were requested to develop accordingly. Some complied (Oxford Suites, Washington Fruit Commission) and one did not (Wal-Mart) because the City had not adopted them. This experience has resulted in the current update and the re- newed commitment to have this update and design stan- dards adopted by the cities and county. Unsuitable Uses: Discharge of Firearms in and around the urbanized ar- eas poses a severe hazard to Greenway users. Yakima County should coordinate with Department of Fish and Wild- life to set regulations and pos- sibly establish the entire Greenway corridor as a game refuge, off limits to firearms. Private hunting clubs and pri- vate lands that allow hunting exist in the southern section of the Greenway corridor. This area will be excluded from this prohibition until the land own- ers discontinue that use. Trapping should be moni- tored and controlled by the Dept. of Fish and . Wildlife. Ultimately, this Master Plan update must be adopted by the cities of Yakima and Union Gap and Yakima County. Further- more, the Greenway Founda- tion must work to incorporate this Master Plan into Greenway Overlay District pro- visions in the Urban Area Zon- ing Ordinance and should seek to have the county apply the standards to the southeastern area of the Greenway corridor, the area that lies outside the boundaries of the Urban Area Zoning Ordinance. Ideally, Off-road motorized ve- hicles are not compatible with recreational, multi -use path- way or conservation areas. Gravel Mining should not be allowed except in areas where zoning and Deparment of Natural Resource mining permits with acceptable recla- mation plans are granted. The Greenway may support short- term projects that will result in improvements to the river (such as salmon overwintering habi- tat and protected open space). The Greenway corridor follows the Yakima River and should be left primarily as a river -ori- ented corridor. Several lakes created by gravel mining exist within- the corridor and are, or will be, developed for recre- ation or reclaimed for "natural habitat areas". these design standards would eventually apply to the two new sections (the Naches River corridor and the Yakima River corridor north to the Yakima River Canyon). But adoption of design standards applicable to the existing Greenway corri- dor should not necessarily be tied to legislation resulting in expansion of the Greenway. The application of the design standards to the two new sec- tions should be negotiated separately with the appropri- ate governmental agency. Compatible Uses: Commercial development is important to the overall goal of blending the. vital elements of community image and tour- ism, recreation and steward- ship. However, commercial de- velopment must be placed in the Greenway with a great deal of planning and consideration for the other needs of the Greenway. For this reason, commercial development has been encouraged only in those areas already zoned or devel- oped commercially. All devel- opment should comply with Greenway design standards in order to maintain the integrity of the Greenway and a park- like appearance'throughout the corridor. This Yaldma Greenway 1995 Master Plan Update includes design standards which should be observed by all new development within the Greenway corridor in order to demon- strate compliance with the Master Plan. (See Appendix I for Design Standards.) DOC. Page 22 INDEX C -, L I r V. Vision For'The Future The success of the Greenway concept in Yakima has visually enhanced our Valley and greatly improved our duality of life. Strong community support has led the Foundation to draft a vision of our Valley in the future, one with the Greenway concept applied beyond the Greenway corridor boundaries. The Foundation's vision of Yakima in the future includes a scenic parkway on the eastern border of the Greenway corridor connecting Yakima Valley Highway and the scenic Yakima River Canyon Highway. Enterprises related to tourism and recreation could be located between the Greenway and the parkway, with industrial parks and residential communities located on the eastern edge. F As development occurs between downtown Yakima and the Greenway, urban design and P planning decisions should be made to leverage the attributes of the Greenway to the benefit of these new developments. Dynamic, enticing circulation routes between downtown and the Greenway ` could greatly enhance the allure of the area. F Designation of 66th Avenue, or 72nd Avenue and Ahtanum Road, or, Ahtanum Creek as 'a greenbelt areas with provisions for paths and trails, would provide a green border and inviting circulation route around the Upper Valley. Extensions of the trail system to Naches, Selah, Moxee, w,4 West Valley and the Lower Valley along corridors historically used for railroads'and canals, etc., will create a significant bicycle commuter network for locals as well as a nationally -know showcase for tourists. 1 !Mending the Greenway corridor to encompass the Plath Pathway and Naches River will lead ' to a trail system connecting the present pathway to the Cowiche Canyon Conservancy. ' Finally, extension of the Greenway corridor north along the Yakima River through Selah, to the Yakima River canyon (and ultimately connected with the Mountains to Sound Greenway via the Iron Horse State Park Trail), could lead to a trail system through scenic land currently inaccessible to the public and would serve as a valuable link between the cities of Yakima and Selah. The purpose of this vision is not to dictate land use, but rather dream of possibilities and suggest alternatives. It will be up to the people of our Valley to decide if this vision is reasonable and attainable and if so, to make the dream a reality --just like the -Yakima Greenway today! (See Appendix II for related drawings.) 0 At Design Standards Introduction • In 1960, Kevin Lynch produced a book called Image of the City. He defines imageability as "that quality in a physical object which gives it a high probability of evoking a strong image in any given observer". The city of Venice, Italy ' is a good example of a highly imageable public environment with its waterways and gondolas. The city of Leavenworth is another example. When you think of Leavenworth, you immediately picture the image of a Bavarian Village. Our Yakima River and our Greenway also have great potential for evoking a strong image among observers. To accomplish this we must ensure that the Greenway corridor is distinct and remarkable. It should invite the eye and the emotions to greater attention and participation. The purpose of the Yakima Greenway Foun- dation is to conserve, enhance and maintain the Yakima Greenway as a continuing, living re- source for future generations. Since the Yakima Greenway Master Plan was written and adopted by the state and county in 1976, there has been a need to establish development standards to secure the implementation of this plan. Devel- opment standards can help preserve the river's riparian environment and, at the same time, create a waterfront with a distinct image that will benefit landowners, Greenway users and the community. The Yakima Greenway has emerged as a model for private river conservation. However, the strength of the private foundation would be greatly enhanced if local governments adopted standards to guide development within the Greenway corridor. The Design Standards Task Force for the Yakima Greenway Foundation has contem- plated design standards for the Greenway and, in the process, has reviewed approaches by cities such as Tempe, Arizona; Chico, Califor- nia; Scottsdale, Arizona; Leavenworth; and Winthrop. These cities established their respec- tive standards to create a certain image, encour- age tourism or to simply increase the value of their environment. In each case, the result was not only increased revenue but a tremendous increase in community enthusiasm, pride and use of their resource. Yakima has a limited resource in our Yakima River corridor, the area designated as the Yakima Greenway. There are different -opinions on how to use this resource. Because of population growth, and I-82 as the western border of the Greenway, we are experiencing pressure from people desiring to use land along the river. The visual quality of the Yakima River corridor will be affected with each new development. We must apply aesthetic consideration when co templati�ng any new developments with. a vi sual or functional relationship to the Greenway. This can be accomplished through the adoption and implementation of design standards. The design standards adopted by the Foun- dation as part of the 1991 update were modified in 1995 in a number of areas. The changes address signs (Section 101 I.), buildings (Sec- tion 102 D.), landscaping (Section 104 A. and B.) and off-street parking setbacks (Section 105) and landscaping (Section 106 B.) These changes make the standards easier for developers' com- pliance, yet maintain the park -like appearance of the development for acceptable compatiblity with the Greenway. The Yakima Greenway is our most impor- tant natural asset. It is worth preserving for the benefit of all Yakima citizens. The community has taken the initial steps to make the Greenway a very special place. We need to take the next step now to ensure that it will be a very speciae place for future generations. • 100 Design 5Jgndard1,,,- gSn r l The Yakima Greenway Foundation is con- cerned about the appearance of the developed environment in the Greenway corridor. It is important that new development have the ap- pearance of quality architectural and landscape variation that will ensure compatibility with its location in the Greenway. Projects character- ized by a lack of architectural interest, intense site development with inadequate open space, and incomplete site or building design do not conform to Greenway community values. The design standards set forth below are intended to reflect these Greenway community values and to ensure that high standards of design are evident in all development. It is the objective of the design standards to: A. Preserve the characteristics of the exist- ing Yakima River riparian environment; B. Maintain design compatibility between existing and new development including, but not limited to, style, scale and building materi- als; C. Provide variety in building and site de- sign for allowed uses emphasizing variations in setbacks, height, elevation and transition; D. Apply an overall design and landscap- ing scheme to all elevations and sides of a project; and E. Emphasize the use of landscaping, par- ticularly using large shade and street trees. 101 Desi nd - Site The site should be designed to create a devel- opment which is pleasant in character, human in scale and facilitates on-site circulation. The design should demonstrate compatibility with existing or desired character of the surrounding area. A. Proposed grading should blend with the contours of adjacent properties. B. Existing natural features such as trees, other native vegetation, natural ground forms, water and view should be retained to the maxi- mum extent feasible. C. Minimize the visual impact and pres- ence of . vehicles by generally siting parking areas to the rear or side of the property rather than along street frontages, and screening park- ing areas from view, both interior and exterior, to the site. D. Separate facilities for vehicle and pedes- trian traffic. E.Screen exterior trash and storage areas, service yards, loading docks and utility services from view of all nearby streets and adjacent structures in a manner that is compatible with building and site design. F. All exterior lighting should be functional, subtle and architecturally integrated with the site and building design. All exterior lighting should be directed onto the site and away from adjacent residential properties. G. A portion of each of the common, open spaces in a project should be designed to pro- vide opportunity for recreational use, rather than used only to meet setback requirements and to landscape otherwise usable spaces. H. Where appropriate, provide bicycle park- ing with access from adjacent streets, drive- ways or paths. I. All freestanding signs shall be of a monu- ment type, except those located along arterial streets. Page 26 DOC. Sections 100 Design Standards - General •101 Design Standards - Site 102 Design Standards - Building 103 Design Standards - Landscaping 104 Design Standards - Landscaped Open Space 105 Off -Street Parking - Location 106 Off -Street Parking - Landscaping 107 Improvements to be provided by the Developer • 100 Design 5Jgndard1,,,- gSn r l The Yakima Greenway Foundation is con- cerned about the appearance of the developed environment in the Greenway corridor. It is important that new development have the ap- pearance of quality architectural and landscape variation that will ensure compatibility with its location in the Greenway. Projects character- ized by a lack of architectural interest, intense site development with inadequate open space, and incomplete site or building design do not conform to Greenway community values. The design standards set forth below are intended to reflect these Greenway community values and to ensure that high standards of design are evident in all development. It is the objective of the design standards to: A. Preserve the characteristics of the exist- ing Yakima River riparian environment; B. Maintain design compatibility between existing and new development including, but not limited to, style, scale and building materi- als; C. Provide variety in building and site de- sign for allowed uses emphasizing variations in setbacks, height, elevation and transition; D. Apply an overall design and landscap- ing scheme to all elevations and sides of a project; and E. Emphasize the use of landscaping, par- ticularly using large shade and street trees. 101 Desi nd - Site The site should be designed to create a devel- opment which is pleasant in character, human in scale and facilitates on-site circulation. The design should demonstrate compatibility with existing or desired character of the surrounding area. A. Proposed grading should blend with the contours of adjacent properties. B. Existing natural features such as trees, other native vegetation, natural ground forms, water and view should be retained to the maxi- mum extent feasible. C. Minimize the visual impact and pres- ence of . vehicles by generally siting parking areas to the rear or side of the property rather than along street frontages, and screening park- ing areas from view, both interior and exterior, to the site. D. Separate facilities for vehicle and pedes- trian traffic. E.Screen exterior trash and storage areas, service yards, loading docks and utility services from view of all nearby streets and adjacent structures in a manner that is compatible with building and site design. F. All exterior lighting should be functional, subtle and architecturally integrated with the site and building design. All exterior lighting should be directed onto the site and away from adjacent residential properties. G. A portion of each of the common, open spaces in a project should be designed to pro- vide opportunity for recreational use, rather than used only to meet setback requirements and to landscape otherwise usable spaces. H. Where appropriate, provide bicycle park- ing with access from adjacent streets, drive- ways or paths. I. All freestanding signs shall be of a monu- ment type, except those located along arterial streets. Page 26 DOC. LO -21 &LsIgg allgdlrdl,- lgil4ing There is no single design theme for the Greenway. Good design should reflect a com- patibility with the character of the area. Design compatibility is a particularly sensitive consid- eration. Compatibility includes building style, size, setback, form, color and material consider- ations. A. A consistent color scheme, or a variety of compatible color schemes, should be used throughout a project and the scheme(s) should not contrast negatively with the character of the area. B. The design of projects containing many buildings should provide variety in building size and grouping. A mixture of single- and multi -story buildings should be used. C. The building design should exhibit vari- ety by providing relief achieved through the use of functional architectural features. Variety is not achieved solely through the use of differ- ent contrasting exterior materials. D. Trademark types of buildings should be discouraged in the Greenway. Boxlike or trade- mark buildings may be allowed if additional site screening and shade trees are provided to soften the building exterior. E. The architectural scheme (form, materi- als, color and detailing) of a building should be carried throughout all exterior elevations to achieve design, harmony and continuity. Ap- plied ornamentation (materials or details ap- plied without relation to architectural function or feature) and false -front buildings are not acceptable. F. The roof shape, color and texture should be coordinated with the, overall building de- sign. G. Rooftop mechanical and electrical equip- ment should be designed or screened to become an integral part of the building design. Ground - or interior -mounted mechanical equipment is strongly recommended. H. Ducts, pipes, vents and similar items extending through the roof should be painted a color closely resembling that of the roofing material. I. Building entries should be protected and offer a sense of entry and focus. L Unvaried building elevations and un- sightly features or uses should not be placed adjacent to the freeway. K. Buildings with box -like appearances, lacking architectural variation on all elevations, should not be approved. Architectural varia- tion can be achieved through a variety of design techniques, including but not limited to: 1. offsetting or varying building setbacks 2. providing covered porches, balconies and entries; 3. combining single story and two story construction in a single building with single story nearest property lines; and 4. altering roof lines, height and type. Architectural variation is generally achieved through the use of three-dimensional design and variations, rather than through variation of a surface treatment. 0 Landscaping should be included in any project design to create a pleasing appearance. Site landscaping should be utilized to promote the character of the Yakima Valley, particularly by using large shade trees. A. Native and mature trees and vegetation should be retained and integrated. B. Landscaping should be planned as an integral -part of the project, and not simply located in left -over space after the siting of parking and buildings. C. Landscape planting should include all of adjacent, public right-of-way including planter strips, not improved with street im- provements. D. Trees from a Greenway -recommended list should be installed. E. Properties along the freeway and other "mited-access routes should not rely on land - caping in the public right-of-way to meet the purposes of this section. F. Landscaping should be proportional to the building elevations. G. Dense landscaping should be provided to screen unattractive views and features such as storage areas, trash enclosures, freeway struc- tures, transformers, generators and other ele- ments which do not contribute to the enhance- ment of the surroundings. H. Landscaping should not be utilized to screen from view an otherwise unacceptable building. • I. Landscaping should be located within, and adjacent to, parking areas to screen vehicles from view and minimize the expansive appear- ance of parking areas. This landscaping should include shade trees which will shade fifty per- cent of the parking area at maturity. I Landscape plantings should be those which grow well in Yakima's climate without extensive irrigation. K. Deciduous trees should be planted along south and west building exposures. L. Ground cover should be of live plant material. Gravel, colored rock, bark and similar materials are generally not acceptable. Bark, when used, should be used as mulch. Brick, cobblestone, textured concrete and similar hard materials are acceptable when they relate posi- tively to the architectural components and ma- terials used on the building. M. Landscaping should be designed to per- mit adequate sight distance for motorists and pedestrians entering and exiting the site. N. All landscape plantings should be of sufficient size and intensity so that a mature appearance can be attained in a reasonable time period (5 years). U. A permanent irrigation system should be provided where necessary. P. Landscaping adjacent to driveways and parking should be protected from vehicle dam- age through the use of curbs, bumpers or other approved features. Page 28 D®C. l C� 104 "Ya nd - rids n 106 f'l.S :r t. Parkin _-JA,ndsSj1inX Space Landscaped open space should meet the following standards, except where greater open space standards are specifically set forth in the regulations for a zoning district: A. For any development within the Greenway Overlay District, a minimum of 206/6 of the lot should be landscaped and kept in open space. Required interior parking lot landscap- ing may be included to meet the landscaped, open space requirement, provided the 50% shade factor described in Section 106 C. is met. B. Open space may be reduced to 10% of the site if tree canopy (as described in Section 106 Q covers at least 20% of the site. C. The surface area of a permanent swim- ming pool or spa, or uncovered patio may be included to meet the open space requirements. 105 ff- ret P rkln - Location In all districts and uses, a setback of 15 feet from the primary street of access and 10 feet from any secondary street should be required for all parking from the front or street property line. The area between the parking and the street paving should be fully landscaped, ex- cept to provide access. Street trees should be placed within this perimeter area planted be- tween 30- and 40 -foot centers. A. Landscaping should be provided in 1W buffer' areas required between property lines and parking areas. B. Not less than five percent (5%) of the interior of a parking lot should be landscaped unless a lesser amount is determined to be compatible with the surrounding area and gen- eral objectives of the design review process. C. Trees should be planted and- maintained in planters or Iandscape areas in alt off-street parking areas so that at tree maturity, fifty percent (50•/) of the parking area is shaded at sotar noon on June 21. This requirement should not apply to the development of single-family residences. D. - Physical barriers, such as curbing, bumpers or components of the landscape plan, should be installed to prevent vehicular dam- age to adjacent landscape areas. 107 )im r vements to bProvided b the Developer - 0 A. Underground Utilities: All utilities in- cluding electric power, telephone, television cable, etc, should be underground. B. All normal improvements required by city or county for street right of way. C. Sidewalk and/or bike path treatments, street lights, street signs, street furniture, cross- walk and intersection details as specified on file in the Public Works Department. D. Improvements must be perpetually maintained. E Illustration shows general effect M difteinn ntandarvir, Do&ge 30 INDE,X # Appendk II vision for the Future Iffustrations • YAKIMA GREENWAY 1 Urban Design Influence She Yal�fma River is an outstanding resource within the Yak*na urban area. Since the earriest settlements, the significance of its impact on our quality of Ctfe has been clearly recognized. DOC., INDEX YAKIMA GREENWAY 2. Urban Design, She earliest devefopment occuredin areas as close to the river as was considered.a safe distance from potential ffooding. YAKIMA GREENWAY Urban Development H Urban development has continually increased the density of man-made structures and pavedsurfaces. Tie contrast&tween the river's riparian environment andthemetropol'itan area is becoming more, evident., DOC. INDEX YAKIMA GREENWAY 4 ." New Development r� Since I-82 was built and the Greenway established, there has been increasing pressure to locate businesses near the river. Freeway access, Cess costly land, tourUtn, availability to • public activities and regional needs far industriaCpar!s are among the reasons. IND EX L` • Eastside the area ad scent to the Greenway on the east should& consideredasa part o f the Greenway • Overlay District andpromotedandplanned fortourrsm, recreation andindustria(develop- ment uses. sensitive reclamation ofgravel pits into a series of waterways and Tates would inspire recreational and commercial improvements ®OC. " ASI A, GREEN AY Parkway • A parkway to the east of the Greenwaywoufdserve to Crnk theYa-kirca NalleyH ffrhwayV*fi the scene Yak'na Yak'River Canyon A hhway. Between the Greenway and the parkway, enterprises related to tourism and recreation _eoufd be located. Industr 4f parts and. resident al"eommunxties would e fo atedeast of the parkvay. ®®C. INDEX # 1 (0 • . YAKIMA GRFENWA'Y Recreational Tral�l An extension of the Greenway along the Npahes ?liver could lead to a recreational trail through a portion of the Cowiche Canyon. A turn south at 66th Avenue and east arong Ahtan.um Road would complete an outer circulation loop. ®OC. ®EX YAKIMA GREENWAY 8 Downtown As redevelopment occurs between downtown }akw= and the Greenway, urban design and planning decisions shoufdbe made to leverage the quality o f li fe attributes o f the Greenway to the benefit of the new developments. Greenway Design Standards, alone with dynamic enticing circulation routes Between downtown and the Gneenway, couldgreatly enhance the allure of the area. DOC. INDEX # C. -t I W 1995 Board of Directors, � Jim Sackmann, President w. Charlie Eglin, Vice President and committee member Steve Sundquist; Secretary Paul Schaake, Treasurer Sheila Burns ^ .Alan Cottl - " Joan Davenport, Chair, Master Plan Update Committee Phill Fossum Blaine Gibson Phil Hoge. z Jolene Jewett Wayne Kalbfleisch . Jeff Loudon, committee member: Doug McIntyre Craig Mendenhall Dick Myers, committee member Peters, committee member JDoug imRussi, committee member . Esther Schrader; committee member Tyler Schultz. Other, cormmiftee members• Rod Knipper.„ Cecilia Vogt, Executive Director, 1991 Master Plan Update Task Force i Dick Maison, Chair Val Finlayson Hamilton richt, President of Board of Directors, 19 91 Rod lnipper Doug Peters Jim Smith . Mark Uhlman Barbara Feasey, Executive Director m. 0 3 South Third Street Yakima, A 98901 (509) 453-8280 Printed on Recycled Paper ®C. Maxey, Lisa From: Maxey, Lisa Sent: Friday, September 07, 2018 11:00 AM To: Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Calhoun, Joseph; Ibarra, Rosalinda; Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; Watkins, Sara; White, Jason; William Cook (cook.w@charter.net) Subject: FW: Nob Hill/22nd Street Please see below a public comment received regarding CPA#007-18 — City Wastewater Division. I will distribute printed copies of the email to you at the meeting on 9/12. 576-6669 From: Calhoun, Joseph Sent: Friday, September 07, 2018 10:45 AM To: Katy Weatherley <katyweatherley@gmail.com> Cc: Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV> Subject: RE: Nob Hill/22nd Street Thank you, Katy. s City of Yakima 509-575-6042 ]()S I,I,C lllounO�� ,akimav�a, ;ov I P rd ni n" i 'n From: Katy Weatherley [mailto:8aty+eathertlewmrcr] crru] Sent: Friday, September 07, 2018 10:39 AM To: Calhoun, Joseph <Jo�seseph�Ca.lhqun(c AKIMAWA.GOV> Subject: Nob Hill/22nd Street Yakima Planning Commission: I believe I will be unable to make the September 12th meeting which has on the agenda the proposed change of 22"d Street for a low barrier homeless shelter. So, I would like to give you some of my thoughts regarding this proposed change. The first and most important is that I don't disagree that a long term plan is needed to help the homeless. But this isn't a Yakima or a Yakima County thing, this is a national issue. To fix this on a local level really only brings more and more homeless to our area which is evident when you talk to many of these out of town homeless people. I spoke to one lady on the Greenway last week. She told me she was here not because of family or job possibility but because it is easy to be homeless in Yakima. They come to Yakima because we cater to the homeless population. That isn't something we should be known for. Charitable yes, able to get our own people into affordable housing, yes but for people to come to Yakima simply because we cater to them being homeless, no. The next thing is that the more I thought about Mrs. Byers standing up and stating that she doesn't have an interest or that her interest was not conflicted due to her affiliation with Transform Yakima Together; the more that I think about that, the more I believe Mrs. Byers has no business being part of the vote for this issue. This all comes back to Transform Yakima Together as the more than likely recipient of the land in question to build a low barrier homeless shelter. Although the Yakima Valley Conference of Governments says no one organization is picked to be the recipient of the land, TYT and Camp Hope are the organizations mentioned numerous times. Mrs. Byers should absolutely not be Part of this vote. Mrs. Byers over and over said there was no project. Repeatedly. Why are we wasting our time on a planning change with nothing behind it? Why did all the last planning meeting informational paperwork state "low barrier homeless shelter"? It's because there is a plan. There is something in the works. In fact, The Yakima Valley Conference of Governments thanks the City of Yakima for re-zoning the land at 22nd for a homeless shelter in their meeting minutes from May 211t, 2018. Link here - haps °wtirWa g.oMZw-L t u L.� aw9c x!2018 06/EC-052.11.8-MINUTF5,p of I also have an email from Kathy Coffey telling me the City of Yakima has no choice on the placement of this homeless shelter. We have a choice. There is always a choice! The Yakima Valley Conference of Governments in their meeting minutes from July 16th, 2018 shows a motion and approval for $250,000.00 for water and utilities to go to a new homeless shelter referencing the sight from the May 211t meeting. How is this not a plan?M Link here - hITI p . uvww:.. 0 .or- wp-content/uploads/2OJ 8/08 EC ITI IN- 07161.pdf Why on Earth is the City, County and the Council of Governments trying to push all this through without the taxpayers of Yakima knowing about it? Because people don't want it!!! Because every time Camp Hope tries to move into another spot in the City, the people around that site rise up and say "no"! If the City of Yakima Planning commission votes yes on this, all we will see is a gift of land to Transform Yakima Together which will give a free pass for them to do as they please. The City of Yakima is more in need of low income housing. A low barrier homeless shelter with all the services and burdens it places on the vicinity around it is not the answer to low income/affordable housing. We currently have empty beds at homeless shelters in town and more coming in the near future. The fact that these are not consistently at capacity tells you that another homeless shelter is not the answer. The Union Gospel Mission has 243 beds and they average 140-180 beds filled at night. The Yakima Housing Authority is trying to open beds at the old Armory. Neighborhood Health is actively working to open the old Roy's Market. Yakima has the beds it needs for Yakima's homeless. What it needs is the Planning Commission to tell the City this isn't the right way to get things done. It will also remind Mike Leita and the Yakima Valley Conference of Governments they still work for the taxpayers. Also, please think about the repercussions to the users of the Greenway. If this were Franklin, Kissel, Randall or any other park in Yakima, this idea wouldn't be on the table. Give the Greenway as much respect as you would those spaces. Please say no to the re-zone on 22"d Street near Nob Hill. A zoning change without a proper plan or project behind it means a loss for the taxpayers and citizens of both the City of Yakima and the County of Yakima. Thank you, Katy Weatherley Maxey, Lisa From: Maxey, Lisa Sent: Tuesday, September 11, 2018 8:02 AM To: Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Calhoun, Joseph; Ibarra, Rosalinda; Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; Watkins, Sara; White, Jason; William Cook (cook.w@charter.net) Subject: FW: Zoning change for homeless shelter at Nob Hill/Hyw 24 Please see another comment below regarding CPA#007-18 - City Wastewater Division... I'll print and distribute copies at the meeting tomorrow. Lisa Maxey Planning Specialist I City of Yakima Planning Division (509) 576-6669 — Lisa.Maxey@yakimawa.gov -----Original Message ----- From: Calhoun, Joseph Sent: Tuesday, September 11, 2018 7:46 AM To: Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV> Subject: FW: Zoning change for homeless shelter at Nob Hill/Hyw 24 Joseph Calhoun -----Original Message ----- From: Zach Randolph [mailto:randolph2005@gmail.com] Sent: Saturday, September 08, 2018 11:35 AM To: Calhoun, Joseph <Joseph.Calhoun@YAKIMAWA.GOV> Subject: Zoning change for homeless shelter at Nob Hill/Hyw 24 Hello, My name is Zach Randolph and I live on Mieras Rd. between Birchfield and Ekelman. I am writing to express my disagreement with allowing another permanent homeless shelter to be built at the entrance to our community. There are plenty of other places that are already established to help the homeless and they are all adding more beds. From my perspective, it seems that a big part of the homeless choose not to use these facilities anyways because they do not care to follow the rules put in place by these facilities. It is NOT our responsibility as a community to pay for and build additional structures and services for people who will not help themselves by abiding by the requirements and rules of other places that have space for them already. Please do not allow the rezoning of this property and DO NOT allow the city to use more of my tax money to build another homeless shelter in this area. Thank you for your time. Zach Randolph September 12, 1018 City of Yakima Planning Commission 129 North 2nd Street Yakima, WA 98901 Attention: Joan Davenport, Community Development Director Subject: City of Yakima Wastewater Division — Homeless Shelter RZ#008-18,SEPA 010-18, CPA#007-18 The Board of Directors of the Yakima Area Arboretum non-profit organization has reviewed the proposed rezone of the property located at S. 22nd St and SR 24 to a General Commercial District. We have been told the purpose of the rezone is the eventual establishment of a permanent homeless encampment/facility. In line with our mission, at this time we are opposing the rezone to commercial use because we believe the location should remain as open/green space along the Yakima River corridor. As a property of the City of Yakima, the Yakima Area Arboretum (YAA) consists of 46 acres, 32 of which are developed with collections of trees, shrubs, botanical gardens and 14 acres of natural riparian woodland and historical floodplain of the Yakima River. The YAA, long recognized as a regional asset, is adjacent to and crosses the Yakima River Regional Greenway corridor to the river shoreline. As a bit of background, the YAA was developed 51 years ago and has been continuously managed by the non-profit YAA organization. In its management agreement with the City of Yakima, the YAA is responsible for all costs associated with the maintenance and care of the trees, gardens and buildings with the exception of assistance from the City of Yakima mowing the grass. The organization receives no additional public funding. The YAA seeks to meet the standards for park operations as outlined in the Yakima Parks and Recreation Division 2017-2020 Comprehensive Plan as follows: "PARK OPERATIONS 3.0.0 Goal: Maintain existing parks and recreation facilities at a level that meets the public's desire for safe, clean, and enjoyable parks." Since we are primarily privately supported, our ability to care of this wonderful community asset is dependent on our business plan which includes renting the Jewett Center facility and the grounds for a variety of functions including weddings, family celebrations, memorial services, business meetings, public events, and educational classes. Our unique Nature Day Camp attracts 200+ children every summer to explore and learn about the wonders of nature. Additionally, we have an active program planting memorial trees and plants and installing benches for families to remember their loved ones. As responsible stewards of memorials, we strive to maintain a high degree of care. In line with the P&R Comprehensive Plan 2017-2022, the YAA is now in the process of preparing a new Master Plan that will seek to meet the needs of our ever growing, diverse community. "PARK OPERATIONS 3.0.2 Goal: Establish and implement a long-range plan for the development of parks, open space, green belts and pathways within the City of Yakima and the greater urban growth area. We now must take into consideration the potential impact of additional commercial development/permanent homeless encampment into our plans. As a public facility, the YAA has always been accessible to the general public and we welcome all visitors to enjoy the grounds and facilities within a framework of a few simple rules for its use. Over time our encounters with the homeless population have been managed by direct interactions with our staff and caretaker. Since the establishment of Camp Hope in 2017, we have experienced an increase in negative interactions that include use of our restrooms for bathing, daytime sheltering in the buildings from the heat and smoke, use of our electrical outlets, intrusions into private events, increased drug use and public urination. We also have safety concerns for our staff, rental customers, Nature Day Camp campers and general visitors. We have been in contact with Transform Yakima Together (TYT), the current concessionaire, to voice our concerns and we understand their intent to be good neighbors. We hope to continue our dialogue with TYT but also recognize that TYT may not always be the concessionaire. In conclusion, we believe the rezone of the property to a General Commercial District would substantially impair the ability of the YAA to generate the financial resources necessary to maintain the grounds and buildings to the desired level. Our goal is to maintain the YAA as a dynamic green space, a unique outdoor experience, and a hub for environmental education in an atmosphere of beauty, tranquility and relaxation that is welcoming to all. Thank you for the opportunity to comment on this proposal. If you have any questions, you may contact our Co -Executive Director, Jheri Ketcham of the Yakima Area Arboretum at (509) 248-7337. Sincerely, Leslie J. Wahl President, Yakima Area Arboretum Board of Directors Yakima Area Arboretum Mission Statement To inspire people of all ages to discover and connect with nature through a diverse collection of trees and shrubs hardy to the Inland Northwest. Greenway Overlay — YMC Title 15 15.03.020 District and map overlay intent statements. ....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ......... The district intent statements define the specific purpose of each district and/or zoning map overlay. They shall reflect the policies of the Yakima urban area comprehensive plan; serve as a guide for determining the appropriate location of uses; help determine appropriate conditions for development; and help the administrative official interpret the standards and provisions. R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The greenway corridor extends from Yakima Canyon to Union Gap. Greenway boundaries were originally defined in 1977 by the State Legislature with the creation of the Washington State Yakima River Conservation Area. 15.09.020 Special development standards for the district overlays. ....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ......... A. Project Review in an Overlay Not Separately Established. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay which is not separately established unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14). All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review. The administrative official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisions set forth and adopted by this section. B. Special Development Standards in the Greenway Overlay. All development in the greenway overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan C. Special Development Standards in the Floodplain Overlay. All development in the floodplain overlay shall conform to the requirements and standards of the underlying zoning district, and the City of Yakima's adopted Critical Area (YMC 15.27) and Shoreline Master Program (YMC Title 17) ordinances. City of Yakima Planning Commission September 12, 2018 Definitions for Hotel, Motel, Extended Stay Moratorium Council Motion: That this matter be sent to the Planning Commission for research and evaluation, and that the Planning Commission make a recommendation to Council proposing definitions for the following terms: Hotel; Motel; and Extended stay; and make recommendations regarding what zones are appropriate for those uses and at what level of review. Draft Definitions for Consideration and Discussion: "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. "Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. Extended Stay options 1. "Extend Stay Hotel/Motel" means a lodging use in a structure, or structure, where more than 10% of the rooms are provided or made available to the public for a fee for extended stays. The length of stay can be up to or exceed 30 consecutive days. Rooms designated for extended stay use may include kitchen facilities. This definition does not include other defined uses including, but not limited to, a boarding house or multi -family dwelling. 2. "Extended Stay Hotel/Motel" means a hotel or motel that rents rooms to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi -family dwelling. Existing Zoning Districts: SRS R-1 R-2 R- B-1 B-2 IHE SCC ILCC AS GC CED IRO M-1 M-2 Motels and IHIote,lls 2 1 1 1 1 1 1 1 1 1 Extended Stay Hotel/Motel U.S. Department of Labor Wage and Hour Division 77211,r: Fact Sheet #26e Section H -2A of the Immigration and Nationality Act This tact sheet provides getier al itmror retie' t, collcel,llieig tite aiiiilicatiot, or time II 2 . req till ireilCuts to time agriceulteural itidtistry ror 11 2A a pplicatiotis stibmitted ou or after March 1.5, 2011.01. Introduction The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H -2A workers) to perform agricultural labor or services of a temporary or seasonal nature. The Department of Labor's regulations governing the H -2A Program also apply to the employment of U.S. workers by an employer of H -2A workers in any work included in the ETA - approved job order or in any agricultural work performed by the H -2A workers during the period of the job order. Such U.S. workers are engaged in corresponding employment. Overview of Employer Contractual Obligations Recruitment of U.S. Workers: In order for the Department of Labor to certify that there are not sufficient U.S. workers qualified and available to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers, employers must demonstrate the need for a specific number of H - 2A workers. In addition to contacting certain former U.S. employees and coordinating recruitment activities through the appropriate State Workforce Agency, employers are required to engage in positive recruitment of U.S. workers. H -2A employers must provide employment to any qualified, eligible U.S. worker who applies for the job opportunity until 50 percent of the period of the work contract has elapsed. Employers must offer U.S. workers terms and working conditions which are not less favorable than those offered to H -2A workers. Termination of Workers: Employers are prohibited from hiring H -2A workers if the employer laid off U.S. workers within 60 days of the date of need, unless the laid -off U.S. workers were offered and rejected the agricultural job opportunities for which the H -2A workers were sought. A layoff of U.S. workers in corresponding employment is permissible only if all H -2A workers are laid off first. Employers may only reject eligible U.S. workers for lawful, job-related reasons. In order to negate a continuing liability for wages and benefits for a worker who is terminated or voluntarily abandons the position, employers are required to notify the Department of Labor (DOL), and in the case of an H -2A worker the Department of Homeland Security, no later than two working days after the termination or abandonment. Rates of Pay: The employer must pay all covered workers at least the highest of the following applicable wage rates in effect at the time work is performed: the adverse effect wage rate (AEWR), the FS 26 applicable prevailing wage, the agreed-upon collective bargaining rate, or the Federal or State statutory minimum wage. Wages may be calculated on the basis of hourly or "piece" rates of pay. The piece rate must be no less than the piece rate prevailing for the activity in the area of intended employment and on a pay period basis must average no less than the highest required hourly wage rate. Written Disclosure: No later than the time at which an H -2A worker applies for a visa and no later than on the first (1st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract — in a language understood by the worker — which describes the terms and conditions of employment. In the absence of a separate written work contract, the employer must provide each worker with a copy of the job order that was submitted to and approved by DOL. The work contract must include: • the beginning and ending dates of the contract period as well as the location(s) of work; • any and all significant conditions of employment, including payment for transportation expenses incurred, housing and meals to be provided (and related charges), specific days workers are not required to work (i.e., Sabbath, Federal holidays); • the hours per day and the days per week each worker will be expected to work; • the crop(s) to be worked and/or each job to be performed; • the applicable rate(s) for each crop/job; • that any required tools, supplies, and equipment will be provided at no charge; • that workers' compensation insurance will be provided at no charge; and • any deductions not otherwise required by law. All deductions must be reasonable. Any deduction not specified is not permissible. Guarantees to All Workers: H -2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period — called the "three-fourths guarantee." For example, if a contract is for a 10 -week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours (e.g., 10 weeks x 48 hours/week = 480 hours x 75% _ 360). If during the total work contract period the employer does not offer sufficient workdays to the H -2A or corresponding workers to reach the total amount required to meet the three-fourths guarantee, the employer must pay such workers the amount they would have earned had they actually worked for the guaranteed number of workdays. Wages for the guaranteed 75% period will be calculated at no less than the rate stated in the work contract. Housing: Employers must provide housing at no cost to H -2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day. If the employer elects to secure rental (public) accommodations for such workers, the employer is required to pay all housing -related charges directly to the housing's management. In addition, employers are required to either provide each covered worker with three meals per day, at no more than a DOL -specified cost, or to furnish free and convenient cooking and kitchen facilities where workers can prepare their own meals. Employer-provided or secured housing must meet all applicable safety standards. 2 Transportation: Employers must provide daily transportation between the workers' living quarters and the employer's worksite at no cost to covered workers living in employer-provided housing. Employer- provided transportation must meet all applicable safety standards, be properly insured, and be operated by licensed drivers. Inbound & Outbound Expenses: If not previously advanced or otherwise provided, the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period. Note: the FLSA applies independently of H -2A and prohibits covered employees from incurring costs that are primarily for the benefit of the employer if such costs take the employee's wages below the FLSA minimum wage. Upon completion of the work contract, the employer must either provide or pay for the covered worker's return transportation and daily subsistence. Records Required: Employers must keep accurate records of the number of hours of work offered each day by the employer and the hours actually worked each day by the worker. On or before each payday (which must be at least twice monthly), each worker must be given an hours and earnings statement showing hours offered, hours actually worked, hourly rate and/or piece rate of pay, and if piece rates are used, the units produced daily. The hours and earnings statement must also indicate total earnings for the pay period and all deductions from wages. Additional Assurances and Obligations: Employers must comply with all applicable laws and regulations, including the prohibition against holding or confiscating workers' passports or other immigration documents. In addition, employers must not seek or receive payment of any kind from workers for anything related to obtaining the H -2A labor certification, including the employer's attorney or agent fees, the application fees, or the recruitment costs. Employers must also assure that there is no strike or lockout in the course of a labor dispute at the worksite for the H -2A certification which the employer is seeking. In addition, employers cannot discriminate against — or discharge without just cause — any person who has filed a complaint, consulted with an attorney or an employee of a legal assistance program, testified, or in any manner, exercised or asserted on behalf of himself/herself or others any right or protection afforded by sec. 218 of the INA or the H -2A regulations. H -2A Labor Contractors An H-2ALC is a person who meets the definition of an "employer" under the H -2A Program and does not otherwise qualify as a fixed -site employer or an agricultural association (or an employee of a fixed - site employer or agricultural association) and who is engaged in any one of the following activities in regards to any worker subject to the H -2A regulations: recruiting, soliciting, hiring, employing, furnishing, housing, or transporting. While H -2A does not require labor contractors to register as such with the Department, any person who is subject to MSPA as a Farm Labor Contractor (FLC) must register with the Department and be issued an FLC Certificate of Registration prior to engaging in any farm labor contracting activity. In their H - 2A applications, H-2ALCs required to be registered under MSPA are obligated to provide their respective MSPA FLC Certificate of Registration number and to identify the farm labor contracting activities they are authorized to perform. 3 In addition to meeting the same assurances and obligations as any other H -2A employer, H-2ALCs must fulfill the following requirements: • list the name and location of each fixed -site agricultural business to which they expect to provide H -2A workers, the dates of each employment opportunity, and a description of the crops and activities the workers are expected to perform at each area of intended employment; • submit a copy of each work contract agreement between the H-2ALC and the agricultural business to which they expect to provide workers; • provide proof that all housing and transportation if provided or secured by the fixed -site employer complies with applicable safety and health standards; and • obtain and submit the original surety bond with the H -2A Application. Surety Bond: The surety bond must be written to cover liability incurred during the term of the work contract period listed on the H -2A Application and must remain in effect for a period of at least 2 years from the expiration date of the labor certification. H-2ALCs must obtain the surety bond in the following amounts: • $5,000 for a labor certification with fewer than 25 employees; • $10,000 for a labor certification with 25 to 49 employees; • $20,000 for a labor certification with 50 to 74 employees; • $50,000 for a labor certification with 75 to 99 employees; and • $75,000 for a labor certification with 100 or more employees. The bond must be payable to the Administrator, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue, NW, Room 5-3502, Washington, DC 20210. Where to Obtain Additional Information This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4US-WAGE (1-866-487-9243). U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210 1-866-4-USWAGE TTY: 1-866-487-9243 11 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION Chapter 11. Istiling I 111CW 111CIG liisllposliitliioins Chapter 70 114 . RCW TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION Sections 70.114A.010 Findings—Intent. 70,114 „020 Definitions. 70„114 „030 Application of chapter. 70„114 „040 Responsibilities of department. 70.114A.045 Housing operation standards—Departments' agreement—Enforcement. 70„114 „050 Housing on rural worksites. 70„114 „050 Inspection of housing. 70„114 „055 Licensing, operation, and inspection—Rules. 70.114A.070 Technical assistance. 70„114 081 Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement— Variations. 70„114 „100 Rules—Compliance with federal act. 70„114 „110 Cherry harvest temporary labor camps—Rule making—Definition—Conditions for occupatio nApplication. 70 114A 901 Effective date -1995 c 220. 70.114A.010 Findings—Intent. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary. Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing. [ 1995 c 220 § 1 „] 70.114A.020 Definitions. The definitions in this section apply throughout this chapter. (1) "Agricultural employee” means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity. http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 1/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (3) "Department" means the department of health. (4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is: (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and (b) Physically separated from other sleeping and common -use areas. (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines. (6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter. (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site. (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, 'operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement. (9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site. (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. [ 1999 c 374 § 6; 1995 c 220 § 2 „] 70.114A.030 Application of chapter. Chapter 220, Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants. [ 1995 c 226 § 3 „] 70.114A.040 Responsibilities of department. The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing. [ 1995 c 226 § 4„] http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 2/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 7O.114A.O45 Housing operation standards—Departments' agreement—Enforcement. By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards. The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation. [ 1999 c 374 § 5„] 7O.114A.O5O Housing on rural worksites. Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone. [ 1995 c 220 § 5.„] 7O.114A.O6O Inspection of housing. The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission from the resident. If the premises or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry. [ 1999 c 374 § 7 1995 c 220 § 6„] 7O.114A.O65 Licensing, operation, and inspection—Rules. The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 3/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION rules shall establish standards that are as effective as the standards developed under the Washington industrial safety and health act, chapter 49.17 RCW. [ 1999 c 374 § 1 „] 70.114A.070 Technical assistance. The *department of community, trade, and economic development shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the *department of community, trade, and economic development may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing. [ 1995 c 220 § 7 „] NOTES: *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 70.114A.081 Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement —Variations. (1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49..17 RCW, and the following guidelines: (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements; (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing; (c) In developing the temporary worker building code the department of health shall consider: (i) The need for dormitory type housing for groups of unrelated individuals; and (ii) The need for housing to accommodate families; (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy; (f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 4/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION (g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19 „27..031. (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19 „2'7„031 and chapter 19 ..2” RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995. (3) The temporary worker building code authorized and required by this section shall be enforced by the department. The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section. [ 1999 c 37 ; 1998 c 37 § 2„] 70.114A.100 Rules—Compliance with federal act. Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act. [ 1995 c 220 § 10.„] 70.114A.110 Cherry harvest temporary labor camps—Rule making—Definition—Conditions for occupation—Application. (1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 49..17 RCW. As used in this section "cherry harvest temporary labor camp” means a place where housing and related facilities are provided to agricultural employees by agricultural employers for their use while employed for the harvest of cherries. The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state. (2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)). (3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19 „2'7„031 or'70„114 081. http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 5/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION [ 2002 c 23 § 1 1999 c 37 5„] 70.114A.901 Effective date -1995 c 220. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]. [ 1995 c 220 § 1„] http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 6/6