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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of:April 20, 2021
ITEM TITLE: Public Hearing on Class 2 and 3 Uses in the R-3 Zoning District
SUBMITTED BY: Joseph Calhoun, Planning Manager, 509-575-6042
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.
On April 6, 2021 , the Planning Commission recommendation was presented to Council.A motion
was made to accept the recommendation which did not pass.April 20, 2021 was set as the date
for Council to conduct its own public hearing, to receive public testimony and evidence regarding
the moratorium, and adopt findings of fact supporting the modification of Class 2 and/or Class 3
uses within the R-3 zoning district as outlined in Table 4-1 YMC 15.04.030.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Hold the public hearing and direct staff to bring back the appropriate legislation.
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ATTACHMENTS:
Description Upload Date Type
C3 Planning Comakcsupn Recommentlakna 41712021 Backup Mat caul
D R3 Moratorium fircurnciks 47/2021 Backup kla[mai
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DEPARTMENT OF COMMUNITY DEVELOPMENT.
8 e N.V. Joan Davenport, AICP,Director.
t, Otter I'1 u t ng DivImon
Joseph Calhoun,Manager
rsi CITY OF va Amn 129 North Second Stree ° n
rfannin Floor,Yakima,WA 98901
*' askplanninggnyakimawagov• www.yakimawa.goviservieeslpla:ning
YAKIMA PLANNING COMMISSION.
RECOMMENDATION TOTHE YAKIMA CITY COUNCIL
R-3 MORATORIUM
March 24, 2021
WHEREAS,On November17, 2020 the Yakima City 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 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 R-3 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 pubflc hearing on
March 24,2021 to hear testimony from the public, consider the Class 2 and 3 uses in the R-3
zone, and proWde a recommendation to the Yakima City Councit;
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;
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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 all 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. J 1
By:. ;'l>t't a' & ,L2lfr
Lisa allac ,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
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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
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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
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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:
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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
Yakima R-3 Zoning Districts . .:...
Yakima Cty in „ , ...
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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).
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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
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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
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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
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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
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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
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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.
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1 Patricia Byer Mayor
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ATTEST:
mow''. &,.� g A',. (.. � ``'� -f yJA
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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
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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
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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.
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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
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ATTEST:
By
Sonya Claar Tee, City Clerk
Effective Date:
Publication Date:
Ordinance Approved by Unanimous Vote
of Council Members:
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