HomeMy WebLinkAbout10/21/2014 12 SCC Small Convenience Center Zoning District Moratorium Distributed at the,
Meeting -
ORDINANCE NO. 2014 -
AN ORDINANCE of the City of Yakima, Washington, adopting a six -month
moratorium of the filing, acceptance, processing and
issuance of development applications and permits for, and
the location of, land uses operating or conducting mission,
community center, boarding house, comprehensive
community health center, and multi - purpose community
center uses within the SCC Small Convenience Center
zoning district; exempting land uses for which a complete
building or development permit application was pending
upon the effective date of this ordinance and which
constitutes a vested right under law, or which were legally in
existence at such time, or are otherwise exempt pursuant to
RCW 35.21.915; directing development of comprehensive
zoning and land use regulations pertaining to mission,
community center, boarding house, halfway house,
comprehensive community health center, and multi - purpose
community center uses; providing that the moratorium shall
be in effect for six months, through April 21, 2015; setting
public hearing on moratorium for November 18, 2014; and
declaring an emergency providing for immediate effective
date.
WHEREAS, in conformance with the Growth Management Act of the State
of Washington, the City of Yakima ( "City ") is required to develop, adopt,
implement and review a comprehensive plan, as well as a zoning code and
development regulations consistent with that plan; and
WHEREAS, the City has previously adopted ordinances codified at Title 15
YMC establishing zoning districts and defining, designating and classifying land
uses permitted within such zoning districts ( "Urban Area Zoning Ordinance" or
"UAZO "); and
WHEREAS, the City has received inquiries and a request for interpretation
pursuant to Chapter 15.22 YMC, concerning whether or not a facility operated by
a public agency or nonprofit corporation, providing a variety of services for the
disadvantaged, including but not limited to temporary housing for the homeless,
extreme weather shelters for the homeless, dining or food service facilities, food
banks, and health and counseling services for the homeless and disadvantaged
members of the community, should be considered a permitted use in the SCC
Small Convenience Center zoning district as a "community center" or other
analogous use; and
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WHEREAS, YMC 15.02.020 currently defines "community center" as "a
facility owned and operated by a public agency or nonprofit corporation, provided
the principal use of the facility is for public assistance, community improvement,
or public assembly," which definition does not specifically include or define uses
such as temporary housing for the homeless, extreme weather shelters for the
homeless, dining or food service facilities, food banks, and health and counseling
services for the homeless and disadvantaged members of the community; and
WHEREAS, in 1992 the hearing examiner issued UAZO Interpretation No.
1 -92 (Examiner No. I92 -5 -2), with regard to a Request for Interpretation
submitted concerning the Union Gospel Mission. The Union Gospel Mission
proposed to relocate and develop property within the Central Business District
(CBD) and Central Business District Support (CBDS) zoning districts. The
Interpretation, issued February 27, 1992, determined that the scope of services
and uses provided by the Union Gospel Mission, including temporary housing for
the homeless, dining facilities, and provision of health and counseling services,
was not adequately described within either the definition of "community center"
and "boarding house." The proposed scope of services and use included
elements of both types of use. Consequently, the hearing examiner adopted and
defined a new use category for "Mission." The definition of "Mission" as stated by
the hearing examiner is as follows:
Mission means a facility typically owned or operated by a public agency or
non - profit corporation, providing a variety of services for the
disadvantaged, typically including but not limited to temporary housing for
the homeless, dining facilities, health and counseling activities, whether or
not of a spiritual nature, with such services being generally provided to the
community at large.
The hearing examiner concluded that such "Mission" use would be a Class (2)
use within the CBD and CBDS zoning districts, and by subsequent Interpretation,
a permitted Class (2) use within the M -1 Light Indlustrial zoning district; and
WHEREAS, the hearing examiner interpretation described above did not
examine whether the "Mission" use should be deemed a permitted use in any
other zoning district of the City; and
WHEREAS, while the hearing examiner Interpretations issued pursuant to
Chapter 15.22 YMC serve as precedent for permitted uses within specific zoning
districts of the City as authorized by the hearing examiner, the City Council has
not amended the UAZO to alter and /or adopt the hearing examiner's definition
and classification of "Mission" as a permitted use in any zoning district of the City.
Such use has not been codified in YMC 15.02.C)20 or listed as a specific use in
Table 4 -1, YMC 15.04.030; and
WHEREAS, the City Council finds and determines that, while Table 4 -1
set forth in YMC 15.04.030 lists "community center" as a Class (2) permitted use
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in the Small Convenience Center (SCC) zoning district, other "health and human
service facility" uses such as boarding houses, group homes, halfway house,
adult family homes, convalescent and nursing homes, are not permitted within
such zoning district; and
WHEREAS, the City Council finds and determines that more time is
necessary to research all issues associated with "Mission" uses and the uses
described above, including development or revision of appropriate definitions,
development of land use regulations associated with such uses, research and
review of applicable laws, and consideration of appropriate zoning districts for
location of such uses; and
WHEREAS, the City is currently undergoing a review of plans for
development of community facilities and improvements within the central
downtown area, together with the promotion of economic development
opportunities, business and retail enhancement, government and professional
offices, parking and transportation facilities, and social service facilities serving
the downtown and the community; and
WHEREAS, the City Council finds and determines that more time is
needed to develop and implement comprehensive land use regulations
governing mission uses, including designation of appropriate zoning districts for
such uses, so that regulation and location of such uses can be coordinated as
part of the overall development of the downtown and other zoning districts of the
City, in order to promote the general health, safety and welfare; and
WHEREAS, the City Council finds and determines that the current land
use and zoning codes of the City do not adequately define or establish land use
regulations concerning such "mission" uses within the SCC Small Convenience
Center zoning district and other zoning districts within the City of Yakima; and
WHEREAS, residents of the City of Yakima would be well served if the City
Council and City staff could more fully understand and address potential negative
secondary effects of such mission uses, in the form of health, safety, economic,
environmental and aesthetic impacts that these uses could impose upon
neighboring properties and the community as a whole; and
WHEREAS, the City needs to review existing information on any negative
secondary effects of mission uses, and to review the City's codes and ordinances
in a comprehensive fashion to determine whether they sufficiently address the
secondary effects of such uses and appropriately balance the interests of those
in need of temporary housing, shelter, food, counseling and health services, and
the service providers available to meet the temporary housing needs, health
services, food and care of such homeless people and disadvantaged people
within the community; and
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WHEREAS, the City Council finds that the City's land use integrity and the
state Growth Management Act planning process will suffer significant harm
unless applications for licenses, permits and approvals for mission uses are
halted until the planning process is completed; and
WHEREAS, the City Council finds that protection of the health, safety and
welfare supports establishment of a moratorium on acceptance and processing
of applications for licenses, permits and approvals, and on issuance of licenses,
permits and approvals for, "mission" uses within the SCC Small Convenience
Center zoning district, with "mission uses" as defined in UAZO Interpretation No.
1 -92 (Examiner No. I92 -5 -2) set forth above, and including "community center,"
and "boarding house" uses as such terms are defined in YMC 15.20.020, and
"multi- purpose community centers" as defined in RCW 35.59.010 and regulated
pursuant to Chapter 35.59 RCW, and "comprehensive community health centers"
as defined pursuant to RCW 70.10.020 (hereafter collectively described as
"mission uses "); and
WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorize the City to
adopt,a moratorium on development permits and approvals for mission uses and
thereafter to hold a public hearing on the moratorium to be held within sixty (60)
days of the commencement of the moratorium; and
WHEREAS, the City Council finds that the enactment of this Ordinance
constitutes and emergency due to the pendency of requests for interpretation of
mission uses within the SCC -Small Convenience Center zoning district and
probable submission of application(s) for building permits for such mission uses,
uses for which the City Council has had no sufficient opportunity to consider,
develop and adopt appropriate comprehensive regulation and zoning; and
WHEREAS, this emergency is further supported by the unnecessary
burden and infringement placed on persons, nonprofit organizations and
agencies desiring to process applications for mission uses within the City of
Yakima under a regulatory process that is ill- suited to review the health, safety,
environmental, zoning, infrastructure and community issues involved in such
applications; and
WHEREAS, a moratorium on the acceptance, processing and issuance of
permits for mission uses is necessary to enable the City Council to formulate a
comprehensive permitting process which addresses impacts, mitigation
requirements, zoning for potential siting, and other requirements and standards
to protect and benefit the public interest; and
WHEREAS, the potential adverse effects on the public health, property,
safety and welfare, as discussed above, justify the declaration of an emergency;
and
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WHEREAS, the City Council authorizes and directs the City Manager to
review existing City codes and zoning regulations, further study the effects
resulting from any approval of mission uses, prepare comprehensive proposed
amendments to the City codes and zoning regulations to address the effects of
such uses, to confer with community members and City advisory commissions,
including public hearing before the Planning Commission, 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 November 18, 2014, 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 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 YAKIIVIA:
Section 1. Moratorium Established. A moratorium is imposed upon
acceptance and processing of applications for Iicenses, permits and approvals
for, and on issuance of licenses, permits and approvals for, "mission" uses within
the SCC Small Convenience Center zoning district, with "mission uses" as
defined in UAZO Interpretation No. 1 -92 (Examiner No. I92 -5 -2), and as set forth
below. "Mission uses" for purposes of this section also includes "community
center," and "boarding house" uses as such terms are defined in YMC 15.20.020,
and "multi- purpose community centers" as defined in RCW 35.59.010 and
regulated pursuant to Chapter 35.59 RCW, and "comprehensive community
health centers" as defined pursuant to RCW 70.10.020 (hereafter collectively
described as "mission uses "), as those terms are defined and used in the City of
Yakima Municipal Code and below, and as those terms are commonly
understood:
Mission: "Mission" means a facility typically owned or operated by a public
agency or non - profit corporation, providing a variety of services for the
disadvantaged, typically including but not limited to temporary housing for
the homeless, dining facilities, health and counseling activities, whether or
not of a spiritual nature, with such services being generally provided to the
community at large.
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Boarding House. "Boardinghouse" or "Boarding House" means an
establishment providing both lodging and meals for not more than ten
persons residing in the facility on a permanent or semi - permanent basis.
Community Center. "Community Center" means a facility owned and
operated by a public agency or nonprofit corporation, provided the
principal use of the facility is for public assistance, community
improvement, or public assembly.
Comprehensive Community Health Center. "Comprehensive community
health center" means a health facility housing community health, mental
health, and developmental disabilities services, as further defined in RCW
70.10.020.
Multi- purpose Community Center. "Multi - purpose Community Center"
means the lands, interests in lands, property, property rights, equipment,
buildings, structures and other improvements developed as an integrated,
multi-purpose, public facility on a single site or immediately adjacent sites
for the housing and furnishing of any combination of the following
community or public services or facilities: Administrative, legislative or
judicial offices and chambers of any municipality, public health facilities,
public safety facilities including without limitation, adult and juvenile
detention facilities, fire and police stations, public halls, auditoria, libraries
and museums, public facilities for the teaching, practice or exhibition of
arts and crafts, educational facilities, playfields, playgrounds, parks, indoor
and outdoor sports and recreation facilities. The term multi - purpose
community center shall also mean and include walks, ramps, bridges,
terminal and parking facilities for private vehicles and public transportation
vehicles and systems, utilities, accessories, landscaping, and
appurtenances incident to and necessary for such centers, all as defined
and stated in RCW 35.59.010.
Section 2 Exemption — Vested Rights. This moratorium specifically
exempts any application for building, development or land uses for which a
complete building or development permit application was pending upon the
effective date of this ordinance and which constitutes a vested right under law, or
which were legally in existence at such time, or are otherwise exempt pursuant to
RCW 35.21.915 and any mission use or use defined in Section 1 above lawfully
existing as of the effective date of this moratorium, and any other use otherwise
lawful pursuant to RCW 35.21.915.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW
35.63.200, a public hearing will be held on Tuesday, November 18, 2014, 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 April 21, 2015,
subject to adoption of findings and conclusions as provided in Section 3 above.
This moratorium shall also terminate upon the adoption of permanent regulations
governing the location, land use and regulation of mission uses and the uses
defined in Section 1 above. Notwithstanding the above, this moratorium may be
extended as provided in RCW 36 70A.390 and RCW 35.63.200.
Section 5. Direction to Develop Comprehensive Regulation Ordinance.
The City Council hereby authorizes and directs the City Manager to develop a
comprehensive ordinance regulating land uses for missions and the uses
described in Section 1 above, which shall be presented to the City Council on the
earliest possible date. The City Manager is encouraged to seek input from
appropriate City staff, homeless service providers, service recipients, other
commissions and boards of the City, other governmental agencies and members
of the public.
Section 6. Subjects for Consideration. Without limitation, the City
Manager is encouraged to consider all subjects relevant to the land uses set forth
in Section 1 above, including but not limited to: appropriate business license
requirements; law enforcement effects and needs; safety of employees, patrons
and the public; compatibility with community needs; appropriate or necessary
zoning or siting requirements; appropriate or necessary building requirements;
and any other matter deemed necessary or appropriate to preserve, promote and
protect the general health, safety and welfare.
Section 7. 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 8. 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 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.
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PASSED BY THE CITY COUNCIL, signed and approved this 21 day of
October, 2014.
Micah Cawley, Mayor
ATTEST:
By
City Clerk
Effective Date:
Publication Date:
Ordinance Approved by Unanimous Vote
of Council Members:
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