HomeMy WebLinkAbout08/19/2008 06 Urban Area Zoning Ordinance Amendments - Public Hearing BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6
For Meeting Of: August 19, 2008
ITEM TITLE: Joint City — County Public Hearing and consideration of an Ordinance to
consider the Regional Planning Commission's recommendations to adopt amendments to the
City of Yakima Urban Area Zoning Ordinance (YMC 15).
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SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON/ TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163
SUMMARY EXPLANATION: Joint public hearing before the City and County elected officials
to consider the Regional Planning Commission's recommendations on amendments to the
Yakima Urban Area Zoning Ordinance (UAZO), YMC 15 including the zoning map. The UAZO
is a land use document that provides zoning regulation and development standards for
property both within the City of Yakima and its Urban Growth Area. The changes will
implement various policies of the Yakima Urban Area Comprehensive Plan and are required
for consistency between the Comprehensive Plan and development regulations.
Resolution Ordinance X Contract Other (Specify) RPC Findings and Public Notice
Record
Funding Source N/A
APPROVAL FOR SUBMITTAL: Ni
City Manager
STAFF RECOMMENDATION: The Regional Planning Commission recommended the
amendments after conducting necessary hearings and public review process.
JOINT CITY - COUNTY RECOMMENDATION: Adopt the Ordinance amending the Zoning
Ordinance (YMC 15)
COUNCIL ACTION:
SUPPLEMENTAL INFORMATION
TO COUNCIL
For August 19, 2008 Business Meeting
Addition to Item No. 6- UAZO Hearing
• Minutes of the 8/7/08 Regional Planning Commission meeting
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MEMORANDUM
DATE: August 15, 2008
TO: Honorable Mayor and City Council
FROM: ill: m Co. , l irector of Community and Economic Development
SUBJECT: Minutes from the August 7, 2008 Regional Planning Commission meeting:
Related to Agenda item #6 on the August 19 Council Agenda
Attaches are the minutes for the very brief August 7, 2008, Regional Planning Commission
meeting at which the Commission adopted the Findings of Fact that you received in your packet
last week.
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Yakima Urban Area
Regional Planning Commission
Meeting
August 7, 2008
Roll Call
RPC Members Present: John Hodkinson, Chairman; Bernie Kline, Jerry Craig, Ted
Marquis, and John Gehlsen
Absent: Rockey Marshall, Charlotte Baldwin
Staff Present: Bruce Benson, Supervising Planner; Joseph Calhoun, Assistant
Planner; Lawrence Wafters, Senior Assistant City Attorney; Bill
Cook, Director of Community & Economic Development;
Rosalinda Ibarra, Planning Specialist
Call to Order
Chairman John Hodkinson called the meeting to order at 5 :05 p.m.
Summary of Agency and Public Comments Received
Report on modifications and changes made to the Urban Area Zoning Ordinance
Bruce Benson read through a compilation document of the public testimony given at the UAZO
public hearing of July 31, 2008. Changes suggested by Mr. Clarence Barnett have been
incorporated in the proposed Zoning Ordinance. The definition of Group Homes and permitted
• zones has been added to the ordinance as well as Table 4 -1. Changes were made to Table 4 -1 to
include Clean and Sober Facilities. Others who spoke at the public hearing were: Mike Shinn on
behalf of Yakima Valley Memorial Hospital, Ralph Call on behalf of the Barge- Chestnut
Neighborhood Association, Steve Erickson from Yakima County Planning Department. Ms.
Anne Knapp's concern regarding changes to the regulations for bed and breakfast projects came
forward too late in the process, it can be brought forward next year as an amendment to the
zoning ordinance.
Consideration/Discussion /Adoption of Findings of Fact
Joseph Calhoun reviewed the Findings of Fact report. He read through the process and the
background history of updating the zoning ordinance, public notices sent, workshops and
meetings held with city and county staff RPC, and other state agencies. Staff would like the
Regional Planning Commission to recommend approval of the changes made to the Yakima
Urban Area Zoning Ordinance to the Yakima City Council. Bill Cook confirmed the
modifications suggested by Central Washington Home Builder's Association were incorporated
into the motion. Chairman John Hodkinson confirmed. He then stated the following:
Recommendation — The Yakima Urban Area Regional Planning Commission
recommends that the Yakima City Council and the Yakima County Board of County
Commissioners adopt the 2008 Yakima Urban Area Zoning Ordinance as set forth with
revision date of August 1, 2008.
A motion was made based upon the Findings and Conclusions; it was moved by Bernie Kline
and seconded by Ted Marquis that the Regional Planning Commission recommends approval of
the 2008 Urban Area Zoning Ordinance. The motion carried by unanimous vote.
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Discussion of Further Agenda Items
411 Bruce gave a tentative draft schedule beginning as early as September of upcoming workshops
and hearings, which include: Adult Business Entertainment Ordinance, Airport Safety Overlay,
and the West Valley Neighborhood Plan. Bill Cook stated the interest of Airport Safety Overlay
and having a joint meeting or study session with RPC and Union Gap in the near future. The
Regional Planning Commission agreed on a public hearing on the Adult Business Ordinance
since they have already discussed and reviewed this issue in past workshops.
Approval of Minutes
A motion was made and seconded to approve the minutes of July 31, 2008. Motion carried by
unanimous vote.
Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 5:18 p.m.
Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist
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BOARD OF YAKIMA . COUNTY COMMISSIONERS
* District One * District Two * District Three
Michael D. Leita Ronald F. Gamache Rand Elliott
August 15, 2008 R 1= '
CITY 0: T: ,- _I
Hon. Dave Edler, Mayor r' 3
Yakima City Council
129 North Second Street OFFICE OF ' N C R _
Yakima. WA 98901
SUBJECT: Request To Initiate Areawide Amendment to the Yakima Urban Growth Area
Dear Mayor Edler and Council members:
The Board of Yakima County Commissioners requested by memo dated June 11, 2008 that two
Areawide plan amendments be placed on the Yakima County Planning Commission docket for
consideration in 2008: adding the Summitview Area and an area west of Dazet Road to the
Yakima Urban Growth Area. Yakima County Code Section 16B.10.030(7) provides that "Either
the board of county commissioners or the planning commission may initiate items for docketing
and consideration as part of the annual amendment cycle."
Planning Commission members expressed serious concern over the proposal to docket the area
west of Dazet Road in the UGA. They cited YCC 16B.10.030(6)(e) for not docketing the Dazet
area. The criterion states in part that the amendment has been previously reviewed by the
Planning Commission or Board of Commissioners and circumstances have not substantially
changed to support an additional review prior to a general plan update.
The Commission pointed to the fact that the Dazet proposal recP1ved extensive consideration and
public input received by the Commission and the Board during the 2007 Comprehensive Plan
update process. At the conclusion of the plan update in December, the Board did in fact adopt
the Planning Commission's recommendation not to extend the UGA west of Dazet based on
public input.
In light of the Planning Commission's legitimate issues about docketing the Dazet area, the
Board of Commissioners has only requested the Planning Commission to docket the
Summitview area as part of the 2008 amendment cycle. That area did not receive clear
consideration in 2007 due to confusion over public notice during the County's plan update.
128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX: 509 - 574 -1501
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Planning Commission Docket
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The Board's docketing request . does not direct an outcome through the public review and hearing
process. We understand the Planning Commission is ready to set its public hearing on the
Summitview UGA expansion for September 24, 2008, but staff has not received any information
to date. The City will need to submit sufficient information to demonstrate that its proposal for
adding the Summitview area to the UGA meets the criteria in YCC 16B.10 as soon as possible.
The City of Yakima may wish to formally initiate a request to docket .the area west of Dazet
Road in 2009.
Sincerely,
Ron Gamache, Chairman M Leita, Commissioner R. d Elliott, Commissioner
c: Zella West, Chair, Yakima County Planning Commission
Terry Austin, Chief Civil Deputy Prosecuting Attorney
Vern Redifer, P.E., Director of Public Services
Dick Zais, City Manager
Bill Cook, Director of Community and Economic Development
Steve Erickson, Planning Official
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G: \Long Range \Projects\Plan Amendments\2008 Plan Amendments \yakima_uga_expansion \Board UGA docket request.doc
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• MEMORANDUM
DATE: August 18, 2008
TO: �jB�oard of Yakima County Commissioners
FROM: Leven M. Erickson, Planning Official
SUBJECT:' .Amendments to the Yakima Urban Area Zoning Ordinance
Background
The Yakima Urban Area Zoning Ordinance (UAZO), codified by the City as YMC Title 15 and by
Yakima County as YCC Title 15A, was adopted in 1986 to implement the Yakima Urban Area
Comprehensive Plan and to establish common zoning standards throughout the urban area years
before the legislature enacted the Growth Management Act. The UAZO was jointly developed and •
since adoption its text has remained virtually identical until 1998 when the City and County
legislative bodies adopted different Nonconforming Use (Chapters (15.19).
The current amendments before you were prepared by City and County staff to implement the
updated (2006) Urban Area Comprehensive Plan and to improve the clarity of the UAZO through
selected "code scrubs ". The recommended ordinance changes, if adopted by the legislative bodies,
will continue to provide common zoning and land development administrative processes across the
Yakima Urban Growth Area, establish workable Master Planned Development and Institutional
Overlays to provide greater certainty and flexibility for the development industry, major institutions
and surrounding neighborhoods inside and out of the city limits.
This set of code changes was brought forward, with the goal /understanding of City and County
Planning- Division management that another round of amendments will be pursued in 2009 to
address some basic organization and development standards issues. The hearing draft is in the form
of Yakima Municipal Code and comes to the Board and Council with a recommendation for
approval from the Regional Planning Commission. The City has taken care of notice to the public
and agencies on behalf of both jurisdictions. .
While staff collaborated in the development of the amendment package, City and County versions
of the UAZO will continue to differ in some respects, notably:
• Inclusion of the City's Critical Areas code (YMC Chapter 15.27 and related definitions).
Note: Yakima Count' has taken separate action to adopt YCC Titles 16A and 16C to regulate G111A
critical areas in the unincorporated parts of the County.
• References to City Development Standards (YMC Tide 12) and select changes to the
UAZO related to those development standards.
Note: The County has its own development standards code (YCC 14.52) and the Board is working with a
committee of the City Council to address common development standards separate from the UAZO
amendments.
• Nonconforming Use Chapter (15.19).
Note: The dip rences in the YMC and YCC versions of 15.19 proved to he too intricate to resolve jor this
set of amendments. Both City and County staff'believe there common ground to resolve the d erences in the
second round of amendments in 2009.
• • References to City and County codes and officials where appropriate to distinguish the
separate codes and responsible officials.
Yakima Urban Area Zoning Ordinance amendments Page 1 of 4
Recommendation
The Yakima County Planning Division recommendation to the Board is as follows: •
1. Consider the testimony received at the August 19` hearing on the RPC draft UAZO and
maps.
2. Review staff's suggestions for the YCC Title 15A version of the UAZO text amendments
that differ from the YMC Title 15 version as noted below.
3. Deliberate with the City Council at the close of the hearing on the testimony received, the
RPC recommendation and the differences between YCC and YMC versions of the UAZO.
4. Direct the County Planning Division to develop an ordinance and enacting a final set of
amendments to YCC Title 15A text and maps for your consideration at a regular Board
agenda.
YCC Title 15A comparison to YMC Title 15
Chapter 15A.01 Title, Purpose, Jurisdiction
• Adopt as drafted.
• Need a revised Urban Growth Area legal description where the UAZO is applicable
Chapter 15A.02 Definitions
• `Family' - Discuss the necessity of the extensive changes to the definition.
Chapter 15A.03 Zoning Districts
• Floodplain Overlay (FO) — Subsection G should refer to the adopted Shoreline Master
Program, rather than "the City's..."
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Chapter 15A.04 Permitted Land Uses
• 15A.04.120 Home Occupations - Discuss whether Firearms sales and /or gunsmith should
be prohibited.
Chapter 15A.05 Site Design and Improvement Standards
• 15A.05.040 Vision Clearance — Discuss or defer for further consideration with other
development standards. The County Engineer is unconvinced that this more complicated
formula is better than the current practice.
Chapter 15A.06 Off - Street Parking and Loading
Chapter 15A.07 Sitescreening
Chapter 15A.08 Signs
• Adopt as drafted.
Chapter 15A.09 Special Development Standards
• 15A.09.100 (1) Private Street Review Requirements. Discuss or defer consideration of the
requirement that private streets may only be approved as part of a Master Planned
Development Overlay, Mobile /Manufactured Home Park, Condominium or Binding Site
Plan. The balance of the section appears workable.
• 15A.09110 Reasonable Accommodation Process. Do not adopt; discuss or defer for
recommendation by Corporate Counsel - as worded it applies only to the City.
Chapter 15A.10 Conditions of Approval
• Adopt as drafted.
Yakima Urban Area Zoning Ordinance amendments Page 2 of 4
Chapter 15A.11 General Application Requirements
• • 15A.11.080 Processing Applications — The section needs to reference Yakima County's Title
16B (Project Permit Review). That Title supersedes the misleading timeframes.
• 15A.11.090 Notice Requirements - The section needs to reference Yakima County's Title
16B (Project Permit Review). That Title supersedes the misleading timeframes.
• 15A.11.110 Master Applications — "The section needs to reference Yakima County's Title
16B (Project Permit Review). Consider deleting Subsection B pertaining to fees (That
section was developed in 1987).
Chapter 15A.12 Permits
• 15A.12.070 Certificates of Occupancy under YCC Tide 13 are under the purview of the
Building Official and should remain so in the County's UAZO.
. Chapter 15A.13 Type 1 Review
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• Adopt as drafted.
Chapter 15A.14 Type 2 Review
• 15A.14.040 The section needs to reference Yakima County's Title 16B (Project Permit
Review). That Title supersedes the timeframes regarding Preliminary Decisions (Section 1)
and Notification of Final Decision (Section 7).
• 15A.14.040 (2) Notification to Adjacent Property Owners - is currently 300 feet, not 500.
The additional notice has a budget impact that is not offset by fees.
Chapter 15A.15 Type 3 Review
• References in the text should be to the Planning Division, not the Planning Department.
Chapter 15A.16 Appeals
• This section needs to reference Yakima County's Tide 16B (Project Permit Review).
Chapter 15A.17 Modifications
Chapter 15A.18 Existing Uses and Development
• Adopt as drafted.
Chapter 15A.19 Nonconforming Uses
• Do not adopt. A common standard may be developed in the next set of amendments.
Chapter 15A.20 Administration
• 15A20.020 A. Office Established. — This section should read: "The Administrative Official
shall be that person designated by the legislative body to enforce the provisions of this title
and administer the assigned provisions of this title, or his designee." (Deletes reference to
the building code administered and enforced by the Building Official under YCC Tide 13).
Chapter 15A.21 Variances
Chapter 15A.22 Interpretations
Chapter 15.A.23 Amendments and Rezones
Chapter 15A.24 Revocation of Permits or Approvals
• Adopt as drafted
Yakima Urban Area Zoning Ordinance amendments Page 3 of 4
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Chapter 15A.25 Violations and Enforcement and Administration
• Amendments to this Chapter transfer the zoning enforcement authority from the Building
Official to the Administrative Official. The change is worth consideration but the County's 410
Building and Fire Safety Division currently has the enforcement personnel. This section
could also be modified to include the civil infraction penalties provisions recently made part
of YCC Title 13.
Chapter .15A.27 Critical Areas
• Do not adopt. Although similar to YCC Titles 16A and 16C, it would require County staff
to administer three Critical Areas codes.
Chapter 15A.28 Master Planned Development Overlay
• Adopt as drafted.
Chapter 15A.30 Airport Safety Overlay
• Changes to this Chapter are fairly minor. Considering the fact that the Airport Board is
recommending a new Airport Overlay District, County staff suggests deferring action on
changes to Chapter 15A.30.
Chapter 15A.31 Institutional Overlay
• Adopt as drafted.
c: Vern Redifer, P.E., Director
Terry Austin, Chief Civil Deputy Prosecuting Attorney
Bill Cook, City Community & Economic Development Department Director
Bruce Benson, Acting City Planning Manager
John Hodgkinson, Regional Planning Commission Chair
Dave Saunders, P.E., R.A., C.B.O., Building Official
Jeff Spencer, Subdivision & Zoning Section Planning Manager
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