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04/06/2021 08 Yakima Planning Commission Recomendation on R-3 Zone Moratorium 1 to\'4\lyy tbxk ik 1 + PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of:April 6, 2021 ITEM TITLE: Yakima Planning Commission Recommendation on R-3 Zone Moratorium SUBMITTED BY: Joseph Calhoun, Planning Manager Joan Davenport,Al CP, Community Development Director SUMMARY EXPLANATION: On November 17, 2020, the Yakima City Council adopted a six-month moratorium on the establishment of or conversion from any use, or part of a use or R-3 development to a Class 2 or 3 use in the R-3 zone.As an amendment to the City Zoning Ordinance (YMC 15), this item was referred to the Planning Commission for review, public involvement and a recommendation. The Planning Commission held a study session on January 13, 2021 and a public hearing on March 24, 2021. After hearing testimony from the public, considering the moratorium the Planning Commission discussed the purpose of the R-3 zone, locations of R-3 in the city limits, existing permitted Class 2 and 3 uses, and a review of recently submitted Type 2 and 3 projects.A motion to delete Residential Mini-storage Units projects from the R-3 zoning district was made and seconded. The motion failed 2-3.A motion to retain the existing uses in the R-3 zone was made and seconded. The motion passed 3-2. If the City Council does not accept the recommendation of the Planning Commission, they may set a date to hold their own public hearing, adopt Findings and direct an amendment to the Zoning Ordinance. The soonest the Council could set a hearing is the next Council meeting on April 20, 2021. The specific assignment to the Planning Commission from City Council on November 17, 2020 in the Moratorium Ordinance is included below. Directive to Planning Commission: The City Council hereby authorizes and directs the Planning Commission to review existing City codes and zoning regulations; to further study the effects resulting from Class 2 and Class 3 uses in the R-3 zone as outlined in Table 4-1 in YMC 15.04.030, as well as evaluate the housing; to prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses; to confer with community members and the City Planning Commission as appropriate; and to present 2 recommended legislation addressing such issues to the City Council for consideration and action. Said recommendation should be presented to the City Council no later than April 7, 2021. If no recommendation can be made by that time, a status report shall be provided to Council on April 7, 2021, outlining the reasons that a recommendation cannot be made, additional studies that need to be evaluated or conducted, and the additional work that is necessary to formulate a recommendation. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: YPC recommended to retain the allowed Class 2 and Class 3 uses in the R-3 zone as currently codified in YMC Ch. 15.04, Table 4-1. ATTACHMENTS: Description Upload Date Type D YPC Recommendatlon_R3Moratodum 3125/2321 Backup Material D Background Information 325'2621 Backup Material 3 DEPARTMENT OF COMMUNITY DEVELOPMENT. N.8.V. Joan Davenport, AICP,Director. aim EtaI'1utng Divlmon Joseph Calhoun,Manager f� cnx OF va;trmn 129 North Second Stree ° n C ;` n r u n t,�°. Floor,Yakima,WA 98901 askptanningriyakimawagov• www.yakimawa.govtservicesfplarming YAKIMA PLANNING COMMISSION. RECOMMENDATION TOTHE YAKIMA CITY COUNCIL R-3 MORATORIUM March 24, 2021 WHEREAS,On November 17, 2020 the Yakima CityCouncil adopted a six-month moratorium on the establishment of or conversion from any use, or part of a use of R-3 development to a Class 2 or 3 use in the R-3 zone; and WHEREAS,a Public Hearing on the moratorium was held by City Council on December 8,.2020; and WHEREAS,The moratorium directed the Planning Commission to review existing city codes and zoning regulations; further study the effects resulting from Class 2 and Class 3 uses in the R-3 zone; and WHEREAS,On January 13, 2021 the Planning Commission held a study session to discuss the moratorium, review the purpose of the R-3 zone, identify R3 locations in the city,. analyze the permitted Class 2 and 3 uses in YMC Table 4-1, and review Type 2 and 3 projects submitted in the last five years; and WHEREAS,On March 2,2021 a notice of public hearing was sent to SEPA reviewing agencies and interested parties,a legal ad was posted in the newspaper; and WHEREAS,The Yakima Planning Commission held an open record public hearing,on March 24,2021 to hear testimony from the public, consider the Class 2 and 3 uses in the R-3 zone, and provide a recommendation to the Yakima City Council Now therefore, the Yakima City Planning Commission presents the following findings of fact and recommendation to the Yakima:City Council: FINDINGS OF FACT 1.. The Planning Commission has reviewed the permitted Class 2 and 3 uses in the R-3. zoning district, as codified in YMC Ch. 15.04, Table 4-1 for consistency with the R-3 zoning district. 2. There are approximately1,292 acres of land zoned R-3 in the City Limits: 3. In the past five years projects have been submitted in the R-3 zone as follows: a. Type:2 Review:9applications b. Type 3 Review:8 applications c. Rezone to R-3 7 applications 4. Public Testimony during the hearing:The following testimony was submitted during the March 24, 2021 hearing; 4 a. Andrew Sawyer:Mr.Sawyer provided comments related to the effect of zoning decisions on neighborhoods; the need for more housing; concerns with traffic resulting from a mini-storage use; the purpose of the R-3 zone to exclude activities that are not compatible; and concerns with the public process. b. Tracy Sawyer Ms.Sawyer provided comments related to the R-3 district purpose; the need of the R-3 zone to include the full range of urban services;: noted that with a non-project rezone a neighborhood can't make an informed decision; and concerns with affordable housing and infiil. c: Tom Durant Mr,Durant provided comments in favor of not making changes to the permitted land use table, non-residential uses allowed in the R-3 zone are.. intended to provide support for residential uses and that supporting land uses should not be disallowed, and.noted that specific projects are considered on a case by-case basis to consider if they fit with the surrounding uses.. d. Bill Hordan: Mr.Harden provided comments requesting no change in Class 2 and 3 uses in the R-3 zone; that existing uses are determined to be appropriate with Type 2 and 3 review;concern that if uses are removed from the land use table then existing uses will be rendered as legal-nonconforming; and that uses need to be examined on a case-by-case basis to determine compatibility. 5. The Type 2 and Type 3 processes provide adequate opportunity and public process to determine the compatibility of submitted land use projects with the underlying,zoning district and the surrounding.neighborhood. CONCLUSIONS 1. The Planning Commission held a public hearing after notice was lawfully provide;and 2. The Planning Commission had enough information after studying the matter and receiving testimony at the public hearing to make a recommendation to the City Council. MOTION Based on the testimony and evidence presented during the public hearing, it was moved and seconded that the City of Yakima Planning Commission draft findings of fact and forward a recommendation to retain the allowed Class 2 and Class 3 uses in the R-3 zone as currently codified by Ordinance to the Yakima City Council.The motion passed 3-2, RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima,having received and considered alt evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima retain the allowed Class 2 and 3 uses in the R-3 zone as currently codified in YMC Ch. 15.04, Table 4-1. SIGNED this]day.of.March 2021. By:. ;'l>t't a' & 2lfr Lisa allot ,Vice-Chair Yakima Planning Commission 5 City of Yakima Planning Commission March 24, 2021 Multi-Family Residential (R-3) Uses 1. Background The Planning Commission held a study session on January 13, 2021 to review the R-3 Moratorium. The following topics were discussed (January 13, 2021 packet enclosed): • Background on moratorium • Role of the Planning Commission • Purpose of the R-3 Zone • Review of the R-3 Map • Analysis of permitted land uses in the R-3 Zone (YMC Table 4-1) • Review of Type 2 and 3 Planning applications submitted in the R-3 zone in the last 5 years. 2. Minutes from 1/13/21 YPC Calhoun provided information on the six month R-3 moratorium that was enacted on November 17, 2020 and expires on May 18, 2021. To help determine what happens with Class 2 and 3 uses in the R-3 zone. He explained what the moratorium is and what the Planning Commission's role is. He presented a map showing all the R-3 parcels in the City of Yakima. Calhoun also explained the Permitted Land Use table for R-3 zone along with the corresponding Class 2 and Class 3 reviews. Commissioner Place asked Council liaison Funk for input on what the city council concerns are. Councilmember Funk explained that certain projects that do not promote multi-family housing in the R-3 zone lead to the moratorium which would allow for more time for additional review. She elaborated that the council's position is that the policy should facilitate more multi-family housing opposed to other uses. Commissioner Rose provided input on past projects proposed in the R-3 zone such as site improvements, soil stabilization, road expansion, etc. He suggested reviewing the Class 2 and 3 classifications in the R-3 zone to verify compatibility and requesting clarification for rezones at initial review of application. Councilwoman Funk brought forth what she believes the core of the problem is. She suggested requiring a Class 2 or 3 review before moving on to a rezone. Commissioner Place asked Joseph Calhoun about the legality of this requirement, Calhoun said additional research would be required to determine this. Councilwoman Funk elaborated on Commissioner Rose's statement that having non-specific project rezones is a problem. She stated that if a code change was required to resolve the problem, the city council would be open to the idea and there would be no opposition. Chairman Liddicoat suggested reviewing some of the Class 2 or 3 uses to help the R-3 zone flourish. Calhoun took some time to explain the Table 4-1 Proposed Land Use for the R-3 zone and then provided time for questions. Commissioner Rose asked for clarification on 1 6 definitions of certain uses. Commissioner Place expressed concerns of requirements of green spaces and parks for R-3 zoning. Calhoun provided an explanation of requirements and site standards. Commissioner Place expressed the desire for parks and green spaces for high density residential development. Commission members asked for clarification on the definition of parks and community garden and how it would be managed. Calhoun provided clarification and answered additional questions about different uses and definitions listed on the table. Calhoun provided the definition on residential mini-storage facilities along with recent applications for this use. He provided additional information about zoning reviews and rezones. Senior Assistant City Attorney, Sara Watkins explained that the moratorium requires for the Planning Commission to reviewthe Class 2 and 3 uses and provide a recommendation to city council. She suggested hosting a public hearing requesting public input on potential changes to the Class 2 and 3 reviews. After the hearing, take into account any comments and make a recommendation to council. Watkins also suggested having a separate discussion and recommendation regarding project vs. non-project rezones separate from the moratorium. Councilmember Funk elaborated on non-project rezones and limiting Class 2 or 3 non-project rezones by requiring a Class 2 or 3 review prior to reaching a rezone. She stated the city council would support a code change if required. Commissioner Place and Rose spoke in favor of a hearing to request community input. Logistics of a future hearing were discussed among commission members. Calhoun suggested scheduling this public hearing in February. 3. Staff Recommendation Staff recommends hearing testimony from the public regarding Class 2 and 3 uses in the R-3 zoning district and forwarding a recommendation to the City Council. Regarding the rezone issue, staff recommends scheduling future YPC study sessions to further examine the following: 1. Overview of Rezone process and procedures a. Review of YMC Ch. 15.23 2. Analysis of recent Rezone applications (project and non-project) 3. Examination of how other cities process rezone applications 4. Discussion on potential amendments to YMC Ch. 15.23 2 7 From: 1 es Heimaartner To: Ask IHanni It Subject: Questions for the Planning Commission Date: Wednesday, March 24,2021 10:43:25 AM I) What is the cause of the moratorium? 2) This meeting should be on increasing property development choices to increase property values to increase property tax revenue that benefits everyone in the City of Yakima. Don't you think increasing choices for property development is a better reason for this meeting rather than pursuing policies that reduce those options. 3)All R3 land owners do not have the necessary deep pockets that a non taxable entity like Catholic Charities possess. Everything I do and have invested in my property hinges on future return on investment. Not all properties are equal as far as infrastructure. Multi-family housing residents require additional services other than a roof over their head. Do you not agree that the existing code has satisfactorily served the needs of this community to date? 4) There are several uses in the existing R3 code that are even more passive than residential and multi- family housing as far as impacting a neighborhood and provides reduced stress and burdens such as traffic, utilities and noise that multi-family residents can use and benefit from. Why would these uses be removed from access to those residents? Les Heimgartner 417 s 32nd Avenue Yakima, Wa. 98902 509-388-4943 lesheimgartner@yahoo.com 8 City of Yakima Planning Commission January 13, 2021 Multi-Family Residential (R-3) Uses 1. Background On November 17, 2020 Council adopted a six-month moratorium on the establishment of or conversion from any use, or part of a use of R-3 development to a Class 2 or Class 3 use in the R-3 zone. Further, the Planning Commission was directed to review and consider Class 2 and Class 3 allowed uses in the R-3 zone. The moratorium expires on May 18, 2021. 2. What is a moratorium? A moratorium is a method that can be invoked by the City Council to pause certain new development or land uses in order for the City to consider new development and zoning regulations. Moratoriums are authorized by statute. During the moratorium period the Planning Division will not accept new applications for any Class 2 or Class 3 uses in the R-3 zone. So, for example, a developer could not apply for a development permit or building permits to develop or construct a clinic in the R-3 zone during the moratorium. 3. What is the Planning Commission's Role? The Planning Commission's role is to study the currently-allowed Class 2 and Class 3 uses, evaluate whether those uses are compatible with the R-3 zone, take into account the needs of the City and its residents, and make a recommendation to either change what is allowed to be developed in the R-3 zone or keep the development options the same. To formulate the recommendation, the Planning Commission should discuss and evaluate the purpose of the R-3 zone and how the Class 2 and 3 uses fit that purpose. Further, there should be a discussion on the needs of the residents and the City. As many study sessions as necessary should be held, and the Planning Commission will hold an open record public hearing to take testimony from the public on the issue. Ultimately a recommendation will be adopted by the Planning Commission which takes all of this into consideration and that recommendation will be forwarded to the City Council for review. The City Council has the final authority to determine if any changes are going to be made. 4. R-3 Zone Purpose 15 03.020'District and map overlay intent statements. The district intent statements define the specific purpose of each district... 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 standards and provisions D. Multifamily Residential District (R-3). The multifamily residential district is intended to: 1 9 l. Establish and preserve high-density residential districts by excluding activities not co/npahh|evvi1hreniden1ia| onen; 2. Locate high-density residential development more than twelve dwelling units per net residential acre in areas receiving the full range of urban services; 3. Locate high-density residential development near neighborhood shopping facilities; and 4. Locate high-density residential development so that traffic. generated by the development does not pass through lower-density residential areas. The district contains a variety of attached or clustered multifamily dwellings. 5. R|^3 [Nap ici Yakima R-3 Zoning Districts x' .:... vawma cc Li, ... Yakima Vh Area fia•Zary: 31,292 ` " t } J J 11 6. Permitted Land Uses 15.04.030, Table 4-1 — Permitted Land Uses: In the table, I have highlighted in green, yellow and blue the allowed uses in the R-3 zone and type of review required for the application. Green is a Class 1 use, which means the use is outright allowed in the district as long as the district standards are met. Class 1 uses are specifically defined as: Those uses ... that are considered compatible and are permitted on any site in the district. The administrative official shall review Class 1 uses for compliance with the provisions and standards of this title. Class 1 uses are permitted, provided the district standards are met. You are not reviewing the Class 1 uses as part of the direction from Council and the moratorium. They are just provided for reference so that you can see what types of uses are deemed automatically allowed and compatible with the R-3 zone. You have been tasked to review and study the Class 2 and Class 3 uses allowed in the R-3 zone. Uses in Yellow are a Class 2 use,which requires heightened review for compatibility with the zone, but still are generally an allowed use in the district. Class 2 uses are specifically defined as follows: Those uses ... [that] are generally permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. Class 2 uses are generally permitted, and sometimes Class 2 uses are not compatible at a particular location. Enhanced review by the administrative official is necessary in order to promote compatibility with the intent and character of the district and the policies and development criteria of the comprehensive plan. YMC 15.04.020(B). Uses in Blue are a Class 3 use,which are generally not permitted but may be allowed with conditions after a hearing examiner review,', Class 3 uses are specifically defined as follows: Those uses ... [that] are generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class 3 may be permitted by the hearing examiner when he determines, after holding a public hearing, that the use complies with provisions and standards; and that difficulties related to the compatibility, the provision of public services, and the Yakima urban area comprehensive plan polices have been adequately resolved. Class 3 uses are generally not permitted in a particular district, but may be allowed by the hearing examiner after review and a public hearing. The hearing examiner may approve, deny, or impose conditions on the proposed land use and site improvements to promote compatibility with the intent and character of the district and the policies and development criteria of the comprehensive plan. YMC 15.04.020(C). 4 12 Any use that is not highlighted is not allowed in the zone. Compatibility is defined as: "the characteristics of different uses or developments that permit them to be located near each other in harmony with or without special mitigation measures." YMC 15.02.020 (definition section for all definitions to be used in Title 15). Table 4-1. Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 AGRICULTURAL(COMMERCIAL) Agriculture, Horticulture, General Farming (not 1 1 1 1 feedlots or stockyards) (*) Agricultural Building (*) 1 1 1 1 Agricultural Chemical Sales/Storage 1 1 1 Agricultural Market (*) 1 1 1 1 1 1 11 Agricultural Stand (*) 1 1 1 Agricultural Related Industries (*) 2 1 1 1 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 (**) 1 1 Winery and Brewery—Basic (*) 3 3 1 2 Resort/Destination Won-site agricultural production (*) 2 3 3 3 3 3 3 Resod/Destination (*) 2 3 3 1 1 1 3 Retail (*) 1 1 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 1 1 2 3 Campground (*) 3 2 Children's Outdoor Recreation Center* (More than 2 2 500 ft. from abutting residential and not containing a go-cart track) Children's Outdoor Recreation Center* (Less than 500 3 2 ft from abutting residential and/or containing a go-cart track) Drive-In Theatres 3 2 2 2 Exercise Facilities 2 1 1 1 1 2 1 1 1 2 5 13 Table 4-1, Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 Horse Racing Tracks, Speedways 3 3 Game Rooms, Card Rooms, Electronic Game Rooms 3 2 1 2 2 2 (*) Golf Courses, Clubhouses, Golf Driving Ranges 3 3 3 3 2 Miniature Golf Courses 3 3 1 1 1 1 Movie Theatres, Auditoriums, Exhibition Halls 3 1 1 1 1 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 Ce mete ry1Cre mato ri u m Churches.Synagogues, and Temples (*) 2 2 2 2 2 2 2 2 1 1 2 2 Community Center(*) Meeting Halls, Fraternal 2 2 2 2 2 2 2 2 2 1 1 2 Organizations Community Gardens(*)(if accessory to an approved 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 principal use)(See YMC 15.04.060(G))' Community Gardens(*)(with planting area of one 1 1 1 1 1 1 1 1 11 1 1 quarter acre or less) Community Gardens(*) (with planting area of more 2 2 2 2 2 2 2 2 2 1 2 2 than one quarter and up to one-half acre) Community Gardens(*)I(with planting area of more 2 2 2 2 2 2 2 2 2 2 2 2 than one-half acre up to one acre) Day Care Facilities(not home occupation) Family In- 1 2 2 2 2 2 2 2 1 1 1 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 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 3 6 14 Table 4-1. Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 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 Institutional (See YMC Chapter 15.31) Overlay Community College/University—Outside Institutional 3 3 3 3 3 2 2 2 2 3 2 3 2 2 Overlay Vocational Schools r) 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 orfewer), Adult Family Home(*)', 1 1 1 1 1 1 1 1 Treatment Centers for Drug and Alcohol Rehabilitation 3 3 3 3 3 3 3 3 Congregate Living Facility up to 19 (*) 3 3 3 3 2 2 1 2 1 Congregate Living Facility 11+ 3 3 3 3 3 3 2 2 Halfway House (*) 2 3 3 Group Homes (more than six) Convalescent and 3 2 2 2 3 3 Nursing Homes(*) Mission (*) (with Type (3) review, and development 2 2 2 agreement—see definition) MANUFACTURING Agricultural Product Support 2 2 2 1 1 Aircraft Parts 1 2 1 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, 2 1 1 Vegetables, and Other Foods Cement and Concrete Plants 3 1 Chemicals (Industrial, Agricultural, Wood, etc.) 3 1 Concrete, Gypsum and Plaster Products 2 1 1 Confectionery and Related Products (wholesale) 2 2 2 1 1 2 1 1 Cutlery, Hand Tools and General Hardware 1 3 1 1 Drugs 1 2 2 1 1 Electrical Transmission and Distribution Equipment 1 2 3 1 1 7 1s Table 4~1, Permitted Land Uses R- R- R- B- O^ W- M^ 3R 1 2 3 1 2 MOSCCLCC4SGCCODRO 1 2 Electronic Components and Accessories and Product 1 2 2 J 1 1 Assembly Engineering, Medical, Optical, Dental, Scientific 1 2 2 1 1 Instruments and Product Assembly Fabricated Structural Metal Pn/Uuctz 2 3 3 1 1 Food Processing 2 J 1 1 Furniture 2 3 2 1 1 Glass, Pottery, and Related Products and Assembly 2 2 2 1 1 Grain Mill Products 3 1 1 Heating Apparatus Wood Stoves 1 1 Leather Products J 1 1 1 Leather Tanning and Finishing 1 1 Machinery and Equipment 1 2 1 1 Marijuana Processing 1 1 Marijuana Research [~) 1 1 Meat, Poultry and Dairy Products 1 1 Paints, Varnishes, Lacquers, Enamels and Allied J 1 Products Paperboard Containers and Boxes 1 3 1 1 Plastic Products and Assembly 1 2 1 1 Prefabricated Structural Wood Products and 1 1 1 Cnoiain+'o Printing, Publishing and Binding 1 3 2 1 1 Printing Trade (service industries) 2 2 2 1 1 2 1 Recycling Processing Center (^} J 1 Rendering Plants, Slaughter Houses 3 Rubber Products 1 2 1 Sign Manufacturing and Product Assembly (^) Z 1 1 1 1 Sawmills and Planing Mills 2 1 Sheet Metal and Welding Shops 2 1 1 Stone Products (includes finishing cf monuments for 2 1 2 2 J 1 1 retail sale) Transportation Equipment, Including Trailers and 2 1 1 Campers Woodworking: Cabinets, Shelves, etc. J 1 2 2 1 1 8 16 Table 4-1. Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 MININGIREFININGIOFF-SITE HAZARDOUS WASTE TREATMENT Asphalt Paving and Roofing Materials, Rock Crushing 3 3 1 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 Storage 3 3 Facilities (*) RESIDENTIAL Accessory Uses (*) See YMC 15.04.060 Detached Single-Family Dwelling(*) 1 1 1 1 3 3 1 3 3 3 3 Accessory Dwelling Unit(*) (See YMC 15.09.0 ) 2 2 1 1 1 1 1 1 1 1 1 1 Existing or New Detached Single-Family Dwelling on 1 1 1 Existing Lots of 8,000 Square Feet or Less Detached Single Family Dwelling(zero lot line) (*) 2 2 2 2 3 3 1 3 3 3 3 (See YMC 15;09 040) Attached Single-Family Dwelling; Common Wall (*) 2 2 1 1 3 3 1 2 2 2 2 Two-Family Dwelling(Duplex) (*) 3 2 1 1 2 2 1 2 2 1 2 Two-Family Dwelling (Duplex) (*) on Corner Lots in a 1 1 New Subdivision Converted Dwelling(*) 3 2 1 1; 1 1 1 2 2 1 1 Multifamily Development('*): 0-7 DU/NRA 2 1 1 2 2 2 2 2 2 2 8-12 DU/NRA 2 1 2 2 2 2 2 2 2 13+ DU/NRA 2 1 2 2 2 2 2 2 2 Mixed-Use Building 1 1 1 1 1 1 1 Planned Development (*) See YMC 15.28 Mobile Home Parks(*) 2 2 2 Mobile Home (*) or Manufactured Homes (*) See YMC 15.04.160 Retirement Homes(*) 2 3 1 3 1 1 Temporary Hardship Units (See YMC 15 04 140) 2 2 2 2 2 2 2 2 2 2 2 RETAIL TRADE,AND SERVICE Adult Business Uses See YMC 15.09.200 Animal Clinic/HospitalNeterinarian (*) 3 2 2 2 1 2 1 1 1 Auction House for Goods (*) 3 2 2 2 1 1 2 1 1 Auction House for Livestock (*) 3 2 2 Automotive 9 17 Table 4~1, Permitted Land Uses R- R- R- B- O^ W_ M^ 3R 1 2 3 1 2 MOSCCLCC4SGC CODRO 1 2 Automotive Dealer New and Used Sales 2 2 2 1 J 1 1 Weekend Automobile and Recreational Vehicle (RV) 1 1 1 Sales Automotive CarVVaph/Dotaiing 2 1 1 1 1 1 2 Parking Lots and Garages 2 1 1 1 1 1 1 1 1 Maintenance and Repair Shops l 1 1 Z 1 Z 1 Z Paint and Body Repair Shops 2 2 1 1 1 2 Parts and Accessories (d/eo. batteries, pto] 2 1 1 1 1 2 1 2 Towing Services 1 3 1 1 Wrecking and Dismantling Yard (^) and Hulk Haulers 3 1 (~) Bail Bonds 1 1 1 Beauty and Barber Shops 2 1 2 1 1 1 1 1 1 2 Short Term Rental(1 2 / 2 2 2 2 2 / 1 Boats and Marine Accessories 2 2 1 1 1 1 Butcher Shop 1 1 1 1 Z Z 1 Commercial Services 2 1 2 1 1 1 1 1 2 Communication Towers (See YK1C Chapter 1529) Convenience Store—Closed 10i0Opm. k/ 6:OOom. 1 2 1 1 1 1 1 1 2 Convenience Store—Open10:00pm. tn0�00am. 2 2 2 1 1 2 1 2 Pet Day Care/Animal Training (*) 2 1 1 1 2 1 1 2 Farm and Implements, Tools and Heavy Construction 1 2 3 1 1 Equipment Farm Supplies 2 2 1 1 2 1 Financial Institutions 1 1 1 1 1 1 1 1 Fuel Oil and Coal Distributors 1 2 1 1 Furniture, Home Furnishings, Appliances 1 1 1 1 1 1 1 General Hardware, Garden Equipment, and Supplies 2 1 1 1 1 1 1 1 1 General Retail Sales 12.00Osq. ft. nr less (not 2 1 1 1 1 1 1 1 3 otherwise regulated) (*) General Retail Sales greater than 12.800xq. ft. (ont 2 1 1 1 1 1 1 3 otherwise regulated) (*) Heating and Plumbing and Electrical Equipment 2 2 1 1 1 1 1 Stores Heavy Equipment Storage, Maintenance and Repair 1 1 1 10 18 Table 4-1. Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 Kennels (*) 2 2 2 Laundries, Laundromats and Dry Cleaning Plants 2 2 1 1 1 1 2 1 Liquor Stores 2 2 1 1 1 1 Locksmiths and Gunsmiths 1 2 1 1 1 1 2 1 Lumber Yards 2 1 1 1 1 Marijuana Retail (**) 1 1 1 1 1 1 Massage Therapy/Spa (*) 1 1 1 1 1 1 1 1 1 Mobile Vendor See YMC Ch. 5.57 Motels and Hotels 2 1 1 1 1 1 Extended Stay Hotel/Motel* 2 1 2 2 3 3 Night Clubs/Dance Establishments 2 1 1 1 1 1 Nursery (*) 2 1 1 1 1 1 1 1 Offices and Clinics 3 1 1 1 1 1 1 1 1 2 Office Contractor Building and Trade(Plumbing, 3 1 1 1 1 1 1 1 1 1 Heating, Electrical, and Painting) Outdoor Advertising (Billboards) See YMC 15.08.130 Pawn Broker 2 1 1 1 2 1 Radio/TV Studio 3 2 2 1 1 1 1 2 Recycling Drop-Off Center(*) 1 2 2 1 1 1 1 Rental: Auto, Truck, Trailer, Fleet Leasing Services 3 2 1 2 1 2 2 1 2 with Storage Rental: Heavy Equipment (except automotive) with 1 1 Storage Rental: Heavy Equipment (except automotive) without 1 2 3 2 Storage Repairs: Small Appliances, TVs, Business Machines, 1 2 1 1 1 1 2 1 1 Watches, etc. Repairs: Reupholster/ and Furniture 1 1 1 1 1 1 1 1 Repairs: Small Engine and Garden Equipment 2 2 2 1 1 1 2 1 Restaurant (*) 2 1 1 1 1 1 1 1 1 Seamstress, Tailor 1 1 1 1 1 1 1 1 Service Station (*) Closed Between 10:00 p.m. and 2 1 1 1 1 1 1 1 6:00 a.m. (*) Service Station (*) Open Between 10:00 p.m. and 3 2 2 1 1 2 1 2 6:00 a.m. (*) 11 19 Table 4~1, Permitted Land Uses R- R- R- B- O^ W_ M^ 3R 1 2 3 1 2 MOSCCLCC4SGC CODRO 1 2 Shooting Ranges (indnnr) J 3 3 J 1 Signs, Printed, Painted nrCarved 2 2 1 1 2 1 1 Taverns (*) and Bars 1 2 1 1 1 1 1 1 1 Technical Equipment Sales (^) Z 1 Z 1 1 1 1 1 1 1 Truck Service Stations and Shops 3 2 1 1 Truck (Lu/ge). Manufactured Home and Travel Trailer 1 J 1 Sales Waste Material Processing and Junk Handling J 1 TRANSPORTATION Bus Terminals 1 1 1 1 1 1 Bus Storage and Maintenance Facilities 1 1 Transportation Brokerage (*) Offices, with Truck 2 / 1 1 Parking Contract Truck Hauling, Rental n[Trucks with Drivers 1 1 1 Air, Rail, Truck Terminals (for short-term storage, 1 2 1 1 office, etc.) Railroad Switch Yards, Maintenance and Repair 1 1 Facilities, etc. Taxicab Terminals, Maintenance and Dispatching 3 3 1 Centers. etc. Airport Landing Field 1 Airport Operations 1 UTILITIES Power Generating Facilities 3 2 1 Utility Services (substations, etc,) 3 3 3 33 3 3 J 3 1 1 WHOLESALE TRADE—STORAGE YYoophnuoes (^) 3 1 2 2 1 1 Wholesale Trade 2 1 1 2 1 1 1 Storage Facilities, Bulk (^) 1 / 1 1 Storage Facilities, Commercial J 1 2 J 1 1 Residential Mini-Storage (*) 3 3 1 2 3 1 1 ^ Refers ioa definition inYMC Chapter 1iUZ, ° See YMC 15.D9.220 for general development requirements for marijuana uses. 1 = Not Permitted 1 = Class (1) Permitted Use 2 = Class (2) Requires ao Administrative Review by the Administrative Official 12 20 Table 4-1. Permitted Land Uses R- R- R- B- B- M- M- SR 1 2 3 1 2 HB SCC LCC AS GC CBD RD 1 2 3 = Class (3) Requires a Public Hearing by the Hearing Examiner 7. Recent Class 2 and 3 applications Planning Applications regarding the R-3 zone — Submitted Last 5 years: Class 2 Review 9 Class 3 Review 8 Rezone to R-3 7 13 21 Planning Applications - Submitted Last 5 Years Permit Type Project Name Site Address Project Description Land Use Date Submitted Permit Number Parcel Zone Permit Status PLN-CL2 CLK PROPERTIES LLC 205 E N ST Proposal to replace an existing single-family residence with a four- Multi-Family in existing 08/15/2016 CL2#014-16 R-3 EXPIRED plex structure in an existing trailer court in the R-3 zoning district. Trailer Court RACQUET LANE Proposal to construct approximately 73 townhouses on a 5.2 acre Townhouses-Common CONDITIONS PLN-CL2 TQWNHOMES LLC 2600 RACQUET LN parcel with 184 parking spaces in the R-3 zoning district. Wall 05/24/2017 CLZ#0'12-17 R-3 OUTSTANDING Proposal to expand an existing in-home family daycare into a daycare center in the R-3 zoning district, and adjustment to the PLN-CL2 KATHY GONZALEZ 1613 MCKINLEY AVE number of parking spaces allowed to back onto a road from the Daycare 10/09/2017 CL2#023-17 R-3 APPROVED(PLN) zoning ordinance standard of a maximum of 3 spaces to a proposed standard of 5 spaces for this business. PLN-CL2 ANGELA CASTRO/LAKE 1800 RIVER ROAD#78 Proposed home occupation to establish a home contractor business Home Contractor(Note 07/27/2018 CL2#017-18 R-3 APPROVED(PLN) ASPEN APARTMENTS 1 LLC in the R-3 zoning district. this is nowa Class 1 Use) PLN-CL2 JUAN PINON 805 N 16TH AVE Proposal to convert an existing single-family home in the R-3 zoning Converted Dwelling 02/01/2019 CL2#006-19 R-3 APPROVED(PLN) district into a duplex. PLN-CL2 CARLOS SOTELO 309 1/2 S 8TH AVE Proposed horns occupation in the R-3 zoning district for a home Home Contractor(Note 94/08/2019 CL2#013-19 R-3 APPROVED(PLN) contractor. this is now Class 1 Use) Proposal to convert 5 existing RV spaces in the Merri Acres Mobile Home Park in the R-3 zoning district into single-wide manufactured MERRI ACRES MOBILE home spaces,create a double-wide manufactured home space, Mobile Home Park PLN-CL2 HOME PARK 1418 HATHAWAY ST improve access into this portion of the park,and adjust the front Expansion 04/24/2019 CL2#017-19 R-3 APPROVED(PLN) yard setback from Hathaway St from the required 20 ft to a proposal of 14 ft on the west side of the driveway approach and 15 ft on the east side of the driveway approach. CARRIAGE HILL ESTATES Proposal to expand a manufactured home park in the R-3 zoning Mobile Home Park CONDITIONS PLN-CL2 LLC 802 N 40TH AVE district by 6 spaces suitable for single or double-wide manufactured Expansion 11/13/2019 CL2#036-19 R-3 OUTSTANDING homes. Proposal to expand the existing Powerhouse Road Mobile Court in POWERHOUSE RD MOBILE Mobile Home Park CONDITIONS PLN-CL2 COURT LLC 4601 POWERHOUSE RD the R-3 zoning district by 25 additional units and 63 additional Expansion 11/27/2019 CL2#037-19 R-3 OUTSTANDING parking spaces. PLN-CL3 HEAR ME NOW LLC 1111 N 35TH AVE Proposal to construct a 9,233 sq ft professional office building with Office/Clinic 05/18/2017 CL3#007-17 R-3 APPROVED(PLN) 49 parking spaces in the R-3 zoning district. Proposal to change the zoning of a 1.78 acre parcel from Single- FamilyPLN-CL3 GAIL BUCHANAN 408 S 88TH AVE Residential(R-1)to Multifamily Residential(R-3), and Residential Mini Storage 09/28/2017 CL3#009-17 R-3 APPROVED(PLN) proposal to construct a 31,810 sq ft indoor residential storage facility. Proposal to change the zoning of one 1.15 acre parcel from Two- FamilyPLN-CL3 DIED MILLER 513 W WASHINGTON AVE Residential(R-2)to Multifamily Residential(R-3),and Office/Clinic 10/20/2017 CL3#010-17 R-3 APPROVED(PLN) proposal to convert two of the three adult family homes on site to medical clinics. Proposal to construct a 1,536 sq ft residential mini-storage facility PLN-CL3 ADIL KHAN 411 N 18TH AVE with 24 units in the R-3 zoning district, and proposal to adjust the lot Residential Mini Storage 06/25/2018 CL3#002-18 R-3 APPROVED(PLN) coverage standard from 80%per the zoning ordinance to a new standard of 91%for this property. Proposal to rezone one parcel(approx.0.21 acres)from Two- Family Residential(R-2)to Multi-Family Residential(R-3)to be used as a childcare play area and open space for the Triumph Treatment Center campus lying directly west in the R-3 zoning PLN-CL3 TRIUMPH TREATMENT BOO SUPERIOR LN district.The proposal also includes construction of a 13,000 sq ft Office/Clinic 03/15/2019 CL3#002-19 R-3 APPROVED(PLN) SERVICES campus building with 15 new parking spaces for childcare, counselor offices,a multi-purpose dining room,and a commercial kitchen,and a request to exceed the maximum 24-ft roof height condition in the 1998 Hearing Examiner decision for this campus development to a maximum of 35 ft. Proposal to construct a multi-tenant office building,to be built up to PLN-CL3 KAZA LLC 1104 - 1106 N 35TH AVE 8,000 sq ft,with 42 parking spaces in the R-3 zoning district, and Office/Clinic 04/26/2019 CL3#004-19 R-3 APPROVED(PLN) adjust the rear yard setback from a required 15 ft to a proposed 10 ft. 14 22 Proposal to construct an 8,500 sq ft building for offices/clinics in the R-3 zoning district.The proposal also includes adjustment of the following standards:adjust the rear-yard setback standard from a PLN-CL3 BRUCE MOORER 1105 N 35TH AVE requirement of 15 fttoa proposal of 10ft,and waive the Office/Clinic 06/13/2019 CL3#007-19 R-3 APPROVED(PLN) requirement that groups of 3 or more parking spaces be served by a driveway so that no vehicular backing/maneuvering movement will occur within a public right-of-way other than an alley. Proposal to install two signs that will exceed the maximum sign area allowed from the zoning ordinance standards of 0 sq ft for wall signs Sign Adjustment for PLN-CL3 KAZA LLC 1104 N 35TH AVE in residential zones to a proposed standard of approximately 138.75 Permitted Office/Clinic 02/05/2020 CL3#001-20 R-3 APPROVED(PLN) sq ft for two wall signs for a previously approved multi-tenant office building in the R-3 zoning district. Change the Future Land Use map designation for two parcels from COTTONWOOD PARTNERS Low-density Residential and Medium-density Residential to High- ;,,,,,,,,,;;+m LLC 2399 S 64TH AVE density Residential and change the zoning from Single-family Non Project 04/30/2015 RZ#007-15 R-3 APPROVED(PLN) Residential(R-1)and Two-family Residential(R-2)to Multi-family Residential(R-3). Proposal to change the zoning of a 1.78 acre parcel from Single- Family Residential(R-1)to Multifamily Residential(R-3), and Residential Mini Storage- 09/28/2017 RZ#003-17 R-3 APPROVED(PLN) proposal to construct a 31,810 sq ft indoor residential storage See CL3#009-17 facility. Proposal to change the zoning of one 1.15 acre parcel from Two- Family Residential(R-2)to Multifamily Residential� (R-3),and Office/Clinic-See:.........vim DIED MILLER 513 W WASHINGTON AVE 10/20/2017 RZ#004-17 R-3 APPROVED(PLN) proposal to convert two of the three adult family homes on site to CL3#010.17 medical clinics. Retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi-family Residential (R-3)previously approved through CPA#006-12, RZ#006-12,and a property use and development agreement executed by City Council WEST VALLEY NURSING S 85TH AVE&OCCIDENTAL which limited development of the property to multi-family senior..........mmm Non Project 04/30/2018 RZ#006-18 R-3 APPROVED(PLN) HOMES INC RD living and senior care residential facilities.The property owner wishes to explore additional housing opportunities,including but not limited to, senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi-family uses. Non-project rezone consisting of three parcels totaling SQUIRE-INGHAM CO 5231 W POWERHOUSE RD approximately 43 acres from Two-Family Residential(R-2)to Multi- Non Project 10/19/2018 RZ#010-18 R-3 APPROVED(PLN) Family Residential(R-3). Proposal to rezone one parcel(approx.0.21 acres)from Two- Family Residential(R-2)to Multi-Family Residential(R-3)to be used as a childcare play area and open space for the Triumph Treatment Center campus lying directly west in the R-3 zoning TRIUMPH TREATMENT district.The proposal also includes construction of a 13,000 sq ft Office/Clinic-See 600 SUPERIOR LN 03/15/2019 RZ#001-19 R-3 APPROVED(PLN) m . ' ..........):mm SERVICES campus building with 15 new parking spaces for childcare, CL3#002-19 counselor offices,a multi-purpose dining room,and a commercial kitchen,and a request to exceed the maximum 24-ft roof height condition in the 1998 Hearing Examiner decision for this campus development to a maximum of 35 ft. Change the Future Land Use map designation for one parcel from LES HEIMGARTNER 8914 OCCIDENTAL RD Low Density Residential to Mixed Residential,and concurrent Non Project 04E28/2029 RZ#902-20 R-1 APPROVED(PLN) rezone fiau Single-Family Residential(R-1)to Multifamily Residential(R-3). 15 DEPARTMENT OF COMMUNITY DEVELOPMENT 23 .�o away Joan Davenport, AICP, Director Sass OA% P]anning. Division c gv or v�xx;n+n Planning Joseph Calhoun,Manager 129 North Second Street, 2vd Floor,Yakima, WA 98901 ask.planninggyakimawa.gov•www.yakintawa.gov/services/planting NOTICE OF PUBLIC HEARING DATE: March 2, 2021 TO: SEPA Reviewing Agencies, Applicant, and Interested Parties FROM: Joan Davenport,AICP, Community Development Director SUBJECT: Yakima Planning Commission —R-3 Moratorium PROJECT DESCRIPTION Planning Commission Consideration of Class(2) and (3) uses in the Multifamily Residential (R-3) zoning district, in accordance with ORD 2020-030 which established a moratorium on Class(2) and (3) uses in the R-3 zone. NOTICE OF PUBLIC HEARING The public hearing before the Planning Commission has been scheduled for Wednesday, March 24, 2021, beginning at 3:00 p.m. Due to the COVID-19 pandemic,the hearing will not be held in the City Hall Council Chambers, but will be held virtually via Zoom. Any person desiring to express their views on the matter is invited to attend the hearing to provide testimony. IF YOU WOULD LIKE TO ATTEND THIS VIRTUAL MEETING TO LISTEN AND/OR TESTIFY, PLEASE REGISTER WITH YOUR NAME AND EMAIL ADDRESS IN ADVANCE HERE: atcityofyakima.zoom.ushvebinartregisterANN mSNLHgwgSk-tmlhxOU lakA After registering, you will receive em ailed instructions for joining the meeting online with your device or by calling in. View the Hearing Online by Zoom: To join the meeting, click the link in the confirmation email that you received after registering. All attendees will be muted upon entry. If you wish to speak during the public hearing, use the "raise your hand" feature. When it is your turn to speak, the host will unmute you. A message will appear on your screen, and you will need to select "unmute." You should announce your name and mailing address for the record prior to making your comments. Once you are finished with your comments, the host will mute you. Listen to the Hearing by Phone: You may call any of the phone numbers listed in the confirmation email that you received after registering.You will need to enter the meeting ID and password when prompted.All attendees will be muted upon entry. If you wish to speak during the public hearing, press*9 on your phone to "raise your hand." When it is your turn to speak, you will hear an automated announcement indicating your phone has been unmuted and you can now be heard by all participating in the meeting. You should announce your name and mailing address for the record prior to making your comments. Once you are finished with your comments, the host will mute you and you will hear an automated announcement indicating your phone has been muted. NOTICE OF RECOMMENDATION Following the public hearing, the Planning Commission will issue its recommendation within ten (10) business days. When available, a copy of the recommendation will be mailed to parties of record and entities who were provided this notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall —2nd Floor, 129 N. 2nd St., Yakima, WA. If you have questions regarding this proposal, please call Joseph Calhoun, Planning Manager, at(509) 575-6042, or email to: .calhountrJyakimavva.gov. DEPARTMENTO DE DESARROLLO COMUNITARIO 24 Joan Davenport,AICP,Directora NM Wt. Division de Planificacion assmoss Sonsszsgs Joseph Calhoun, Gerente CITY OF YAKIMA 129 Norte Calle 2a, 2°Piso, Yakima, WA 98901 ask.planning@yakimawa.gov • wwwoakknawa °ok/sertiices/ lanning AVISO DE AUDIENCIA PUBLICA FECHA: 2 de marzo, 2021 PARA: Agencias de Revision Ambiental, Solicitante y Personas Interesadas DE: Joan Davenport, AICP, Directora de Desarrollo Comunitario ASUNTO: Comision de Planificacion de Yakima—Moratoria de Desarrollo Multi-Familiar R-3 DESCRIPCION DEL PROYECTO: Consideration de la Comision de Planificacion de los usos de revision Clase 2 y Clase 3 en la zona Residential Multifamiliar(R-3), de acuerdo con la ordenanza ORD#2020-030 que establecio una moratoria sobre los usos de Clase 2 y 3 en las zona residential R-3. AVISO DE AUDIENCIA PUBLICA: Una audiencia pUblica ante la Comision de Planificacion ha sido programada para el miercoles 24 de marzo, 2021 comenzando a las 3:00 p.m. Debido a la pandemia de COVID-19, la audiencia no se Ilevara a cabo en la Sala del Concejo Municipal, sino que sera programada virtualmente usando la plataforma Zoom. Se le invita a cualquier persona que desee expresar sus opiniones sobre este caso a asistir a la audiencia pUblica o a presentar comentarios por escrito. SI DESEA ASISTIR A ESTA REUNION VIRTUAL PARA ESCUCHAR Y/O TESTIFICAR, REGISTRESE POR ADELANTADO CON SU NOMBRE Y CORREO ELECTRONICO AQUI: ://cityofyakima.zoom.us/webinar/register/WN mSNLHgwgSk4mlhxOUlokA Despues de registrarse, recibira instrucciones por correo electronico para ingresar en linea con su dispositivo o Ilamando por telefono. Ver la audiencia publica en linea por Zoom: Para ingresar a la reunion, haga clic en el enlace ubicado en el correo electronico de confirmation que recibio al registrase. Todos los participantes seran silenciados al ingresar. Si desea hablar durante la audiencia pUblica, use la funcion para "levantar la mano". Cuando sea su turno de hablar, el anfitrion desactivara el silenciador. Un mensaje aparecera en su pantalla y seleccione la option "unmute". Debe anunciar su nombre y direction postal para el registro antes de hacer sus comentarios. Una vez haya terminado sus comentarios, el anfitrion lo silenciara. Escuche la audiencia publica por telefono: Puede Ilamar a cualquiera de los nUmeros telefonicos ubicados en el correo electronico de confirmation que recibio al registrarse. Debera ingresar el ID y la contrasena de la reunion cuando se lo solicite. Todos los participantes seran silenciados al ingresar. Si desea hablar durante la audiencia pUblica, presione*9 en su telefono para "levantar la mano". Cuando sea su turno de hablar, escuchara un anuncio automatizado indicando que el audio de su telefono ha sido activado y todos los participantes pueden escucharlo. Debe anunciar su nombre y direction postal para el registro antes de hacer sus comentarios. Una vez haya terminado sus comentarios, el anfitrion lo silenciara y escuchara un anuncio automatizado indicando que su telefono ha sido silenciado. AVISO DE LA RECOMENDACION: Despues de la audiencia pUblica, la Comision de Planificacion de Yakima emitira su recomendacion dentro de diez (10) dias habiles. Cuando la recomendacion final sea emitida, una copia sera enviada a las personas que mandaron comentarios o que recibieron este aviso. El archivo que contiene la aplicacion completa esta disponible para inspection pUblica en la Oficina de Planificacion de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima,WA. Si tiene cualquier pregunta sobre esta propuesta, puede contactar a la Oficina de Planificacion al (509) 575-6183 o por correo electronico al: .planninq{a"_}yakimawa.gov vakima. gR "P @2015 25 ORDINANCE NO. 2020-030 AN ORDINANCE of the City of Yakima, Washington, adopting a six-month moratorium on the establishment of or conversion from any use, or part of a use of R-3 development to a Class 2 or Class 3 use in the R-3 zone, with attendant moratorium on the filing and acceptance of development applications for, and the location of, and issuance of permits and approvals for, any Class 2 or Class 3 use in the R-3 zoning district; directing review and consideration of Class 2 and Class 3 allowed uses in the R-3 zoning district; providing that the moratorium shall be in effect for six months, through May 18, 2021; and declaring an emergency providing for immediate effective date. WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to adopt an ordinance imposing a moratorium and provide a process for public hearing which must be held within sixty (60) days of the date of adoption of the moratorium; and WHEREAS, the City Council finds and determines that the City of Yakima needs time to consider and review zoning regulations, definitions, the housing needs of the City, uses and regulations addressing the allowed uses within the R-3 zoning district, specifically review and consideration of the current list of Class 2 and Class 3 uses found in Table 4-1 of Yakima Municipal Code section 15.04.030, and associated ordinances, within the City of Yakima; and WHEREAS, there are currently a number of Class 2 and Class 3 uses allowed in the R-3 multi-family residential zone that are not residential uses, which should be reviewed in light of the City's housing shortage, the need for such uses within the R-3 zone, and to what extent those uses are allowed in other zoning districts; and WHEREAS, the City Council has therefore decided to impose a moratorium for the term of six months, commencing on the effective date of this ordinance and extending through May 18, 2021, in order to study the issues as determined by the City Council and to adopt appropriate regulations and definitions; and WHEREAS, the City Council finds and determines that imposition of a moratorium is necessary to (a) provide the City with an opportunity to study the issues regarding siting, zoning and regulation of Class2 and Class 3 uses and facilities within the R-3 zoning district in the City of Yakima; (b) to study the issues regarding housing needs and associated needs of the residents of the City of Yakima; (c) to protect the health, safety and welfare of the residents of Yakima, by reviewing Yakima's housing needs and associated needs of Yakima residents in light of data associated with Yakima's housing stock and needs now and in the future; and (d) avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make to its regulations and codes as a result of the City's study of this matter; and WHEREAS, the City Council finds, determines and concludes that an emergency exists, to wit: (a) the City of Yakima has received proposals for land uses that may include placing residential mini-storage units on R-3 zoned property which diminishes the amount of land available for multi-family housing in Yakima; (b) neither City staff nor the Planning Commission have had sufficient opportunity, in light of the increase in data with regards 1 26 to housing in Yakima to review the effects of using R-3 zoned land for Class 2 or Class 3 purposes with regard to concerns for affordable housing, housing stock, preservation and/or promotion of site compatibility for multi-family housing, the availability to site Class 2 and Class 3 uses in other zoning codes; and (c) the immediate imposition of this moratorium will preserve the status quo to enable the City to further study the effects of such uses and to consider and devise appropriate zoning and regulatory controls to address the effects of such uses; and WHEREAS, the City Council authorizes and directs the Planning Commission to review existing City codes and zoning regulations regarding Class 2 and Class 3 uses in the R-3 zoning district, further study the effects resulting from location of those Class 2 and Class 3 uses currently allowed pursuant to Table 4-1 under YMC 15.04.030 within the City of Yakima, prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses, to confer with community members as appropriate, and to present recommended legislation addressing such issues to the City Council for consideration and action; and WHEREAS, the City Council finds and determines that a public hearing on this moratorium should be held on December 8, 2020, whereupon the City Council may adopt findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and WHEREAS, notwithstanding the term of six months set forth above for the moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by the City Council in accordance with applicable law; (b) extended for additional term(s) of six months upon action following public hearing and adoption of findings in support thereof; (c) terminated by the City Council upon adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for any reason deemed necessary or appropriate; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Moratorium Established. From and after the effective date of this ordinance, the City shall not allow the filing of or accept any application for a building permit, tenant improvement, development permit, request for conversion, permit, subdivision, short subdivision, site plan review, or any other development, for any Class 2 or Class 3 use in the R-3 zone (including any additions, expansions, or modifications thereto) as outlined in Table 4-1 in YMC 15.04.030 within the City of Yakima. Section 2. Exemption —Vested Rights. Applications which are legally vested as of the effective date of this ordinance shall continue to be processed as provided in the Yakima Municipal Code and according to the land use regulations in effect on the date of vesting. Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public hearing will be held on Tuesday, December 8, 2020, for the purpose of taking testimony and, if this ordinance is passed, adopting written findings and conclusions justifying the moratorium established by this ordinance. 2 27 Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance shall become effective immediately upon passage and approval of this ordinance, and shall remain in effect for six months, through May 18, 2021, subject to adoption of findings and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the adoption of permanent regulations regarding the subject matter of this moratorium. Notwithstanding the above, this moratorium may be extended as provided in RCW 36.70A.390 and RCW 35.63.200. Section 5. Directive to Planning Commission. The City Council hereby authorizes and directs the Planning Commission to review existing City codes and zoning regulations; to further study the effects resulting from Class 2 and Class 3 uses in the R-3 zone as outlined in Table 4-1 in YMC 15.04.030, as well as evaluate the housing; to prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses; to confer with community members and the City Planning Commission as appropriate; and to present recommended legislation addressing such issues to the City Council for consideration and action. Said recommendation should be presented to the City Council no later than April 7, 2021. If no recommendation can be made by that time, a status report shall be provided to Council on April 7, 2021, outlining the reasons that a recommendation cannot be made, additional studies that need to be evaluated or conducted, and the additional work that is necessary to formulate a recommendation. Section 6. Declaration of Emergency. Pursuant to Article VI Section 2 of the Charter of the City of Yakima, the City Council finds, determines and declares that this ordinance is an emergency ordinance to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the City Council shall be necessary for the passage of this emergency ordinance. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, this Ordinance shall be transmitted to the Washington State Department of Commerce as required by law or otherwise posted, published or recorded as permitted by law. Section 9. Effective Date. This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law and the City Charter. PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL, signed and approved this 17th day of November, 2020. L_,.--- -,:k,„ (., / A-/7641 4:), /7(775' 1 Patricia Byer Mayor ti f 3 28 ATTEST: mow''. &,.� g A',. (.. � ``'� -f yJA J 66 P✓ By Sonya Claar Tee; City Clerk " 'k y Effective Date: November 17, 2020 • Publication Date: November 20, 2020 Ordinance Approved by Unanimous Vote of Council Members: November 17, 2020 4 29 1 jf BUSINESS OF THE CITY COUNCIL YAKIMA,WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: November 17,2020 ITEM TITLE: Ordinance adopting the City Council's decision on the Comprehensive Plan Amendment(CPA#001-20)and concurrent Rezone (RZ#002-20) request by Les Heimgartner for property at 8014 Occidental Rd SUBMITTED BY: Joan Davenport,AICP, Community Development Director Joseph Calhoun, Planning Manager Trevor Martin,Associate Planner(509) 575-6162 SUMMARY EXPLANATION: The Yakima City Council held an open record public hearing on November 2, 2020, to consider the Yakima Planning Commission's (YPC) recommendation on this request. Following the public hearing, the City Council made a motion to deny the request, which passed 5-1. The attached Ordinance sets forth the City Council's decision. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type d Ordinance 11/5/2020 Ordinance Distributed at the Meeting II • 3 ? O,;R ORDINANCE NO. 2020- AN ORDINANCE of the City of Yakima, Washington, adopting a six-month moratorium on the establishment of or conversion from any use, or part of a use of R-3 development to a Class 2 or Class 3 use in the R-3 zone, with attendant moratorium on the filing and acceptance of development applications for, and the location of, and issuance of permits and approvals for, any Class 2 or Class 3 use in the R-3 zoning district; directing review and consideration of Class 2 and Class 3 allowed uses in the R-3 zoning district; providing that the moratorium shall be in effect for six months, through May 18, 2021; and declaring an emergency providing for immediate effective date. WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to adopt an ordinance imposing a moratorium and provide a process for public hearing which must be held within sixty (60) days of the date of adoption of the moratorium; and WHEREAS, the City Council finds and determines that the City of Yakima needs time to consider and review zoning regulations, definitions, the housing needs of the City, uses and regulations addressing the allowed uses within the R-3 zoning district, specifically review and consideration of the current list of Class 2 and Class 3 uses found in Table 4-1 of Yakima Municipal Code section 15.04.030, and associated ordinances, within the City of Yakima; and WHEREAS, there are currently a number of Class 2 and Class 3 uses allowed in the R-3 multi-family residential zone that are not residential uses, which should be reviewed in light of the City's housing shortage, the need for such uses within the R-3 zone, and to what extent those uses are allowed in other zoning districts; and WHEREAS, the City Council has therefore decided to impose a moratorium for the term of six months, commencing on the effective date of this ordinance and extending through May 18, 2021, in order to study the issues as determined by the City Council and to adopt appropriate regulations and definitions; and WHEREAS, the City Council finds and determines that imposition of a moratorium is necessary to (a) provide the City with an opportunity to study the issues regarding siting, zoning and regulation of Class2 and Class 3 uses and facilities within the R-3 zoning district in the City of Yakima; (b) to study the issues regarding housing needs and associated needs of the residents of the City of Yakima; (c) to protect the health, safety and welfare of the residents of Yakima, by reviewing Yakima's housing needs and associated needs of Yakima residents in light of data associated with Yakima's housing stock and needs now and in the future; and (d) avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make to its regulations and codes as a result of the City's study of this matter; and WHEREAS, the City Council finds, determines and concludes that an emergency exists, to wit: (a)the City of Yakima has received proposals for land uses that may include placing residential mini-storage units on R-3 zoned property which diminishes the amount of land available for multi-family housing in Yakima; (b) neither City staff nor the Planning Commission have had sufficient opportunity, in light of the increase in data with regards 1 31 to housing in Yakima to review the effects of using R-3 zoned land for Class 2 or Class 3 purposes with regard to concerns for affordable housing, housing stock, preservation and/or promotion of site compatibility for multi-family housing, the availability to site Class 2 and Class 3 uses in other zoning codes; and (c) the immediate imposition of this moratorium will preserve the status quo to enable the City to further study the effects of such uses and to consider and devise appropriate zoning and regulatory controls to address the effects of such uses; and WHEREAS, the City Council authorizes and directs the Planning Commission to review existing City codes and zoning regulations regarding Class 2 and Class 3 uses in the R-3 zoning district, further study the effects resulting from location of those Class 2 and Class 3 uses currently allowed pursuant to Table 4-1 under YMC 15.04.030 within the City of Yakima, prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses, to confer with community members as appropriate, and to present recommended legislation addressing such issues to the City Council for consideration and action; and WHEREAS, the City Council finds and determines that a public hearing on this moratorium should be held on December 8, 2020, whereupon the City Council may adopt findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and WHEREAS, notwithstanding the term of six months set forth above for the moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by the City Council in accordance with applicable law; (b) extended for additional term(s) of six months upon action following public hearing and adoption of findings in support thereof; (c) terminated by the City Council upon adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for any reason deemed necessary or appropriate; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Moratorium Established. From and after the effective date of this ordinance, the City shall not allow the filing of or accept any application for a building permit, tenant improvement, development permit, request for conversion, permit, subdivision, short subdivision, site plan review, or any other development, for any Class 2 or Class 3 use in the R-3 zone (including any additions, expansions, or modifications thereto) as outlined in Table 4-1 in YMC 15.04.030 within the City of Yakima. Section 2. Exemption —Vested Rights. Applications which are legally vested as of the effective date of this ordinance shall continue to be processed as provided in the Yakima Municipal Code and according to the land use regulations in effect on the date of vesting. Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public hearing will be held on Tuesday, December 8, 2020, for the purpose of taking testimony and, if this ordinance is passed, adopting written findings and conclusions justifying the moratorium established by this ordinance. 2 32 Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance shall become effective immediately upon passage and approval of this ordinance, and shall remain in effect for six months, through May 18, 2021, subject to adoption of findings and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the adoption of permanent regulations regarding the subject matter of this moratorium. Notwithstanding the above, this moratorium may be extended as provided in RCW 36.70A.390 and RCW 35.63.200. Section 5. Directive to Planning Commission. The City Council hereby authorizes and directs the Planning Commission to review existing City codes and zoning regulations; to further study the effects resulting from Class 2 and Class 3 uses in the R-3 zone as outlined in Table 4-1 in YMC 15.04.030, as well as evaluate the housing; to prepare comprehensive proposed amendments to the City codes and zoning regulations to address the effects of such uses; to confer with community members and the City Planning Commission as appropriate; and to present recommended legislation addressing such issues to the City Council for consideration and action. Said recommendation should be presented to the City Council no later than April 7, 2021. If no recommendation can be made by that time, a status report shall be provided to Council on April 7, 2021, outlining the reasons that a recommendation cannot be made, additional studies that need to be evaluated or conducted, and the additional work that is necessary to formulate a recommendation. Section 6. Declaration of Emergency. Pursuant to Article VI Section 2 of the Charter of the City of Yakima, the City Council finds, determines and declares that this ordinance is an emergency ordinance to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the City Council shall be necessary for the passage of this emergency ordinance. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, this Ordinance shall be transmitted to the Washington State Department of Commerce as required by law or otherwise posted, published or recorded as permitted by law. Section 9. Effective Date. This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law and the City Charter. PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL, signed and approved this 17th day of November, 2020. Patricia Byers, Mayor 3 33 ATTEST: By Sonya Claar Tee, City Clerk Effective Date: Publication Date: Ordinance Approved by Unanimous Vote of Council Members: 4