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Home My WebLink About04/07/2015 09 SCC Zoning District; Mission Related Land Uses; Extending MoratoriumBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: April 7, 2015 ITEM TITLE: Public Hearing to consider an ordinance extending the moratorium pertaining to Mission uses and adopting findings of fact in support thereof SUBMITTED BY: Joan Davenport, AICP, Community Development Director/Planning Manager (509) 576-6417 SUMMARY EXPLANATION: On November 18, 2014, the Yakima City Council enacted Ordinance 2014 - 027 a six month moratorium on the filing, acceptance, processing and issuance of development applications and permits for, and 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. The moratorium ordinance expires on May 19, 2015. An extension of the moratorium is necessary because the Yakima City Planning Commission has not completed their review or adopted findings related to the issue. (a) The Yakima City Planning Commission held study sessions on December 10, 2014; January 8, 2015; January 28, 2015; February 11, 2015 and February 25, 2015. (b) A public hearing was conducted on March 25, 2015 with all appropriate and required public notice elements observed. The public hearing was broadly attended and public testimony was gathered from numerous speakers. (c) The public hearing was continued until April 8, 2015 to allow the Planning Commission the opportunity to conclude deliberations and develop written findings and recommendations for the City Council consideration. (d) The Yakima City Planning Commission related to the classification of a "mission" will be presented to City Council on approximately April 21, 2015. City Council consideration of this recommendation cannot occur and take effect before the termination of the moratorium ordinance (Ordinance 2014-027) which expires on May 19, 2015, unless amended. (e) The proponents for a new mission related land use in the SCC zoning district, lawfully filed an unclassified use interpretation request prior to the effective date of the moratorium, which the Hearing Examiner will consider on April 2, 2015 as well as a new zoning definition and category considered by the Yakima Planning Commission at their March 25, 2015 public hearing and continued to April 8, 2015. As provided in the Revised Code of Washington (RCW 36.70A.390), the effective date of the moratorium is proposed to be extended for 90 days and if amended, will expire on August 18, 2015. This topic has generated significant public interest. The City of Yakima Planning Commission has conducted several study sessions as noted above related to this issue. A complete recommendation to the City Council from the Planning Commission will be submitted after April 8, 2015. The Planning Commission recommendation will likely include amendments to Yakima Urban Area Zoning Ordinance, YMC Title 15. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff recommends passing the attached ordinance and findings to extend the moratorium on mission related uses in the SCC zoning district for 90 days. ATTACHMENTS: Description Upload Date CI Ordinance extending mission use moratorium in SCC 3/30/2015 Type Ordinance AN ORDINANCE ORDINANCE NO. 2015 - Of the City of Yakima renewing and extending moratorium of the filing, acceptance, processing and issuance of development applications and permits for, the location of, land uses operating or conducting mission, community center, boarding house, comprehensive community center, and multi-purpose community center uses within the SCC Small Convenience Center zoning district, as established in City Ordinance 2014-027. WHEREAS, on October 21, 2014 the Yakima City Council adopted City Ordinance 2014-027 that established a six month moratorium regarding mission related land uses in the SCC zoning district which took effect on November 23, 2014; and WHEREAS, the City Council has received a recommendation from the Community Development Department to extend the moratorium for 90 -days through midnight of August 19, 2015; and WHEREAS, RCW 35.63.200 and RCW 36.70A.390 provide that a moratorium may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal; and WHEREAS, the Yakima City Council has scheduled and conducted a public hearing, pursuant to notice duly published on March 28, 2015, to consider the request for renewal of such moratorium by extension through August 19, 2015; and WHEREAS, the Yakima City Council, having received the recommendation of the Community Development Department, and having considered all comments and testimony at the public hearing, now makes the following findings of fact: (a) Since the adoption of the moratorium on November 18, 2015, city staff has reviewed laws, zoning history, municipal codes of other cities, and met extensively with the proponent of a new land use in the SCC zoning district. (b) The Yakima City Planning Commission held study sessions on December 10, 2014; January 8, 2015; January 28, 2015; February 11, 2015 and February 25, 2015. (c) A public hearing was conducted on March 25, 2015 with all appropriate and required public notice elements observed. The public hearing was broadly attended and public testimony was gathered from numerous speakers. (d) The public hearing was continued until April 8, 2015 to allow the Planning Commission the opportunity to conclude deliberations and develop written findings and recommendations for the City Council consideration. (e) The Yakima City Planning Commission related to the classification of a "mission" will be presented to City Council on approximately April 21, 2015. City Council consideration of this recommendation cannot occur and take effect before the termination of the moratorium ordinance (Ordinance 2014-027) which expires on May 19, 2015, unless amended. (f) The proponents for a new mission related land use in the SCC zoning district, lawfully filed an unclassified use interpretation request prior to the effective date of the moratorium, which the Hearing Examiner will consider on April 2, 2015 as well as a new zoning definition and category considered by the Yakima Planning Commission at their March 25, 2015 public hearing. WHEREAS, the City Council, having adopted the above findings of fact, hereby make the following conclusions: (a) The City Council has jurisdiction to consider and decide all issues herein, including an extension of the moratorium all pursuant to RCW 35.63.200 and RCW 36.70A.390. (b) There being no objection to any City Council member hearing and deciding such issues, any objection thereto is hereby deemed waived. (c) The work performed to date has been necessary and appropriate to prepare the proposed modifications to the zoning code regarding mission related uses in the SCC zoning district. (d) The moratorium adopted pursuant to Ordinance No. 2014-027 should be renewed by extension through midnight of August 19, 2015. Such extension is warranted and supported by the scope of work to be done, including accommodation of time necessary for review of the proposed code, submission of comments and proposed revisions, public hearings and final adoption; and WHEREAS, the City Council finds and determines that the above findings and conclusions support the requested extension of the moratorium adopted pursuant to Ordinance 2014-027, and that such extension will promote the general safety and welfare; now therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The moratorium adopted and imposed pursuant to Ordinance No. 2014-027, originally set to expire on May 19, 2015 is hereby renewed to extend through midnight of August 19, 2015. Section 2. The City Manager is hereby directed to continue to perform the duties imposed pursuant to Ordinance No. 2014-027. Section 3. Except as amended, renewed and extended herein, the provisions of Ordinance 2014-027 shall remain in full force and effect according to its terms. Section 4. This ordinance shall be in full force and effect 30 days after the passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of April, 2015. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: