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Home My WebLink About1995-060 Providing Interim Protection ORDINANCE NO. 95- fin e AN ORDINANCE Relating to land use and zoning; providing interim protection for certain "critical" areas as required under the Growth Management Act, and adding a new chapter 15 27 entitled Interim Critical Areas Protection" including several sections in the new chapter BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: 1 NEW CHAPTER Sec. 1. A new chapter is added to Title 15 of the Yakima Municipal 2 Code to read as follows: 3 15.27 INTERIM CRITICAL AREAS PROTECTION 4 NEW SECTION. Sec. 2. A new section is added to chapter 15 27 of the Yakima 5 Municipal Code to read as follows: 6 15.27.010 Purpose. The purpose of this chapter is to establish protection on an 7 interim basis for areas within the present or future corporate limits of the City of 8 Yakima which are "critical areas" pursuant to the Growth Management Act, chapter 9 36.70A RCW It is understood that this is an interim ordinance pending adoption of e i , 10 comprehensive regulations. This ordinance will be reviewed within one year from 11 the date of the adoption by the City Council of a comprehensive plan as required by 12 chapter 36.70A RCW 13 NEW SECTION, Sec. 3 A new section is added to chapter 15 27 of the Yakima 14 Municipal Code to read as follows: 15 15 27 020 A Critical Areas Protection Overlay Zoning District (CAPOD) is 16 established. 17 NEW SECTION. Sec. 4. A new section is added to chapter 15 27 of the Yakima 18 Municipal Code to read as follows: 19 15 27.060 Critical Areas Protection Overlay Zoning District Intent 20 Statement. 21 The Critical Areas Protection Overlay Zoning-District extends only to areas within 22 the corporate limits of the City of Yakima that are required to be protected 23 pursuant to the Growth Management Act, chapter 36.70A RCW Critical Areas 4110 lap /sepa /gma ordinance ch 15 27 8/2/95 12 08 PM ORDINANCE: YMC CHAPTER 15.27 INTERIM CRITICAL AREAS PROTECTION -- Page 1 24 include the following areas and ecosystems. (a) Wetlands, (b) areas with a critical 25 recharging effect on aquifers used for potable water, (c) fish and wildlife habitat 26 conservation areas; (d) frequently flooded areas; and (e) geologically hazardous 27 areas. RCW 36.70A.030(5). The intent of the Critical Areas Protection Overlay 28 Zoning District is to protect critical areas within the city according to the 29 requirements of chapter 36.70A RCW Where development proposed within the 30 Critical Areas Protection Overlay Zoning District would otherwise violate the 31 requirements of chapter 36.70A RCW, the best management practices shall be used 32 to provide the necessary protection of the critical area in question. 33 NEW MAP. Sec. 5 A new section is added to chapter 15.27 of the Yakima Municipal 34 Code to read as follows: 35 15.27.030 Map of Critical Areas Protection Overlay Zoning District. 36 (1) The territory encompassed within the Critical Areas Protection Overlay 37 Zoning District established by this chapter shall be defined as shown on the 38 official Critical Areas Protection Overlay Zoning District map, a copy of which is 39 attached to this ordinance as Exhibit "A ", is incorporated herein by reference and 40 is added to chapter 15.27 of the Yakima Municipal Code. The official Critical Areas 41 Protection Overlay Zoning District map, together with all the explanatory material AID 42 thereon, is adopted by reference and declared to be a part of this chapter 43 (2) The official Critical Areas Protection Overlay Zoning District map shall be 44 signed by a majority of the members of the legislative body and shall display the 45 date of adoption. The city of Yakima office of community and economic 46 development shall maintain the official Critical Areas Protection Overlay Zoning 47 District map. The official Critical Areas Protection Overlay Zoning District map 48 shall be the final authority as to the current status of land. 49 (3) Any changes in the Critical Areas Protection Overlay Zoning District S0 boundaries established by this chapter shall be made in accordance with the 51 provisions of Title 15 of the Yakima Municipal Code, except that no consideration 52 or other action by Yakima County shall be required. The official Critical Areas 53 Protection Overlay Zoning District map shall be promptly changed after by the 54 legislative body 55 (4) No changes of any kind shall be made on the official Critical Areas Protection 56 Overlay Zoning District map except in conformance with the procedures of this lap /sepa /gma ordinance ch 1S 27 8/2/95 12 08 PN ORDINANCE: YMC CHAPTER 15.27 INTERIM CRITICAL AREAS PROTECTION -- Page 2 57 title. Any unauthorized change by any person(s) shall be considered a violation 58 of this title and punishable as provided under Chapter 15 25 . �' 59 (5) If the official Critical Areas Protection Overlay Zoning District map becomes 60 damaged, destroyed, lost or difficult to interpret because of the nature or number 61 of changes and additions, the legislative body may, by resolution, adopt a new 62 official zoning map which shall supersede the prior official zoning map. The new 63 official Critical Areas Protection Overlay Zoning District map may correct 64 drafting or other errors or omissions in the prior official zoning map, but no 65 such correction shall have the effect of amending the original zoning ordinance 66 or any subsequent amendment thereof. 67 NEW SECTION. Sec. 6. A new section is added to chapter 15 27 of the Yakima 68 Municipal Code to read as follows: 69 15.27.040 Special Development Standards for the Critical Areas 70 Protection Overlay Zoning District. Proposed development or modification of 71 development within the Critical Areas Protection Overlay Zoning District shall be 72 generally subject to the provisions and procedures for other overlay districts 73 established in section 15.09.020 of the Yakima Municipal Code. The policies and 74 standards for protection of critical areas established by the Growth Management Act 75 shall be coordinated with any other provisions, policies, or standards which would 76 otherwise apply to a development proposed within the Critical Areas Protection 77 Overlay Zoning District. 78 NEW SECTION, Sec. 7. A new section is added to chapter 15 27 of the Yakima 79 Municipal Code to read as follows: 80 15.27.070 Severability. If any section, subsection, paragraph sentence, 81 clause, or phrase of this ordinance is declared invalid or unconstitutional for any - 82 reason, such decision shall not affect the validity of the remaining portions of this 83 ordinance. 84 Sec. 8. Effective date: This ordinance shall be in full force and effect 30 days after 85 its passage, approval, and publication as provided by law and by the City Charter -- END - -- . lap /sepa /gma ordinance ch 15 27 8/2/95 12 08 PM ORDINANCE: YMC CHAPTER 15.27 INTERIM CRITICAL AREAS PROTECTION -- Page 3 PASSED BY THE CITY COUNCIL, at a regular meeting and signed and approved this 7 th day of NbvembEr , 1995 Mayor ATTEST. City Clerk Publication Date: November 10, 1995 Effective Date: December 10, 1995 lap /legislation /development standards /ordinance for council 8/2/95 12 08 PM 4 1/ 0 YMC TITLE 12 DEVELOPMENT STANDARDS ORDINANCE Page 4 7 • (110 \_r , . "'°"'" g Exhibit A - -\�.\ . C of Yakima '' `Z ; -- ::: ...... ......,--,___,„\ ........ ., �� ',;; :� ; • ili i, ii Overlay District i r J•' 1 !� !� ..V X4 %a' , ,.._ 1 ® CbyUn o f.1� i , 21 - � i ® Critical Areas L , 4� A R -� ��• � This /lap deb las Cri ical Areas inside the City of itT '_ Yakima subject to overlay District Review, including 4 p n ° ► _ Wetlands, Habitat and Floodplalnt. C I ,. ?tit, 1 ---- . , . ..,.. . . . ;At:. ,• ...14161.;!. . , li . • ri r , il • L ii Lu ' .S ' 1 el . - 3.' si ip.• itm • J ______/-- '? a •O � a.. � 0 'mac' = s Iamb -1 400 r ,4 .. s kini dalla MINNIE y ' 1, 0 50 4300 1..•• Created: Agqut 01, 1915 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: November 7. 1995 ITEM TITLE: Public Hearing to consider the adoption of the City of Yakima interim Critical Area Protection Ordinance SUBMITTED BY Glenn J Valenzuela, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163 SUMMARY EXPLANATION: The Growth Management Act requires that cities and counties adopt interim regulations for the protection of "critical areas" defined by the Act until final comprehensive plans and regulations are adopted. Staff has prepared an amendment to the Urban Area Zoning Ordinance establishing a Critical Area Protection Overlay District. The ordinance requires Class (2) and Class (3) review for development within the Cntical Area Overlay District. Upon review, the reviewing official can approve, approve with conditions, or deny a use or development that fulfills the intent of the ordinance. Comments received during the project review process from resource agencies will be 4- used to develop mitigation measures for the protection of critical areas. This process establishes a case by case analysis and decision making process that does not impose standard requirements. The proposed ordinance has undergone environmental review as required by the State Environmental Policy Act (SEPA). A Determination of Nonsignificance was issued on August 22, 1995, the 15 day comment period ended on September 7, 1995 One comment was received from the USDA Natural Resource Conservation Service during the comment period. A meeting was scheduled to discuss the ordinance with SEPA reviewing agencies and interested parties on September 28, 1995 A representative from the Yakima Greenway was the only one in attendance. Resolution ^ Ordinances Contract _ Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt ordinance BOARD RECOMMENDATION COUNCIL ACTION jrErre ND_ 95-60