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HomeMy WebLinkAbout11/04/2014 09 SCC Small Convenience Center Zoning District Moratorium - Amended Public Hearing DateBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: November 04, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Ordinance amending Ordinance No. 2014-027 that imposed moratorium on "mission uses" within the SCC Small Convenience Center zoning district, striking public hearing date of November 18, 2014 and setting new public hearing date on December 9, 2014 SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney SUMMARY EXPLANATION: On October 21, 2014, the City Council adopted Ordinance No 2014-027 imposing a moratorium on "mission uses" within the SCC Small Convenience Center zoning districts within the city. Pursuant to state law, a public hearing must be set within 60 days after adoption of a moratorium to receive public testimony regarding the adoption and scope of the moratorium and to consider findings of fact supporting the moratorium. The moratorium ordinance set this public hearing for November 18, 2014. In light of scheduling issues and discussions regarding the SCC Small Convenience Center zoning district, staff recommends striking the original November 18, 2014 public hearing and setting a new public hearing date of December 9, 2014. This will allow additional time to consider issues pertaining to the SCC zone and allow additional time to prepare for the public hearing. The attached Ordinance strikes the November 18, 2014 public hearing date and sets a new public hearing date of December 9, 2014. Other than the change of public hearing date, the moratorium ordinance remains unchanged. Resolution: Other (Specify): Contract: Contract Term: Start Date: End Date: Amount: Ordinance: X Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff recommends approval of the Ordinance. ATTACHMENTS: Description Ordinance to reschedule public hearing on mission uses Upload Date Type 10/27/2014 Ordinance AN ORDINANCE ORDINANCE NO. 2014 - relating to Ordinance No. 2014-027, amending said ordinance to provide amended date for public hearing, striking November 18, 2014 public hearing date and setting new December 9, 2014 public hearing date, and making no further amendments. WHEREAS, the City Council on October 21, 2014 adopted Ordinance No. 2014- 027, which ordinance imposed a moratorium on receipt, processing and issuance of land use permits for "mission" uses within the SCC Small Convenience Center zoning districts within the City of Yakima, and set a public hearing date on November 18, 2014 to receive evidence and testimony regarding the adoption and scope of such moratorium and to consider findings of fact supporting the moratorium; and WHEREAS, the City Council finds and determines that it is necessary and appropriate to amend Ordinance No. 2014-027 to strike the November 18, 2014 date of the public hearing set pursuant to such ordinance, and to set a new date of public hearing on December 9, 2014; and WHEREAS, the City Council finds and determines that, except as amended herein, Ordinance No. 2014-027 adopted October 21, 2014 shall remain unchanged and that the moratorium adopted and implemented therein shall be imposed according to the terms of such ordinance; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1.The November 18, 2014 date for public hearing set forth in Ordinance No. 2014-027 to receive evidence and testimony concerning the moratorium imposed pursuant to said ordinance, is hereby stricken, and a new date for said public hearing is hereby set for December 9, 2014. Section 2. Except as amended pursuant to Section 1 above, Ordinance No. 2014- 027 and the moratorium adopted and implemented therein shall remain unchanged and in effect according to its terms. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 41h day of November, 2014. Micah Cawley, Mayor 1 ATTEST: City Clerk Publication Date: Effective Date: 2 Distributed at the Meeting FACT SHEET REGARDING CITY OF YAKIMA ZONING MORATORIUM ON MISSION RELATED USES IN THE SCC ZONE November 4, 2014 1. What is the application from Neighborhood Health Services about? Neighborhood Health has submitted a request to use the property at South 6th Street and E Walnut Street, known as the old "Roy's Market", as the location to provide community services including a food bank, health and social services and temporary warming shelter. In addition, there will be 40 beds to serve the chronically homeless. Staff will be available 24 -hours a day. The described use was submitted as a "Community Center" land use in the SCC zone. 2. Why is the City asking for a Moratorium of "Mission" related uses in the Small Convenience Center (SCC) zoning district? What are the facts? • Neighborhood Health has asked the City to consider their proposal as a Community Center, even though it contains 40 beds for homeless persons and medical services which are the integral portion of the Mission related use. Other Community Centers in Yakima include the Harman Center, Madison House, Southeast Community Center, and the YPAL center. • Based on the previous Land Use Interpretations by the Hearing Examiner, the City does not consider the proposal by Neighborhood Health to meet the criteria as a Community Center, but in fact the proposal meets the criteria from the 1992 Interpretations of a Mission and only allowed in three zoning districts, but not the SCC. • The use of a "Mission" is not listed in the City Zoning Ordinance (YMC Title 15). However, in 1992 and 1995 the Hearing Examiner issued interpretations that determined the land use is NOT a Community Center, but is in fact a "Mission" and determined three zoning districts where a Mission could be located. The SCC zone was NOT one of these districts. The Union Gospel Mission was developed in its current location as a result of these rulings. • On October 21st, the City Council adopted a moratorium to prohibit the processing any application for zoning review in the Small Convenience Center Zoning District only, of land uses that would provide mission related services. The moratorium will take effect on or about November 24, 2014. • There are 15 geographic areas in the City of Yakima that have the SCC zone designation. One of these areas contains the building that Neighborhood Health Services is interested in converting to a shelter -type use. Any zoning rules in one of these zoning areas affects all 15 of the districts. There are no parcel specific standards. • Regardless of what actions Neighborhood Health may take related to their interests in a particular location, the City should amend the zoning ordinance to establish standards (such as a definition, zoning districts and other items related to homeless mission type land uses. • The Moratorium requests that the City Planning Commission review all the information related to these very complicated and important community issues and develop a set of recommendations for the City Council to review and adopt into the Zoning Ordinance to address where these uses should be located, what level of public notice and review is necessary and what development standards should apply to these land uses. 3. What will happen at the City Council public hearing scheduled for December 9, 2014? The purpose of the public hearing is to gather facts which will be used in the required "Findings of Fact" necessary to implement a moratorium. As a result of the public hearing, the City Council will either move forward with the moratorium, modify the purpose and intent of the moratorium or withdraw the moratorium.