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HomeMy WebLinkAbout2020-008 Hearing; Right-of-Way Vacation; Alleway West of N 6th Ave, South of FruitvaleAN ORDINANCE ORDINANCE NO. 2020-008 relating to land use; vacating a public right-of-way, in an alleyway that extends west of N 6th Ave., south of Fruitvale Blvd., in the City of Yakima, Washington. WHEREAS, by petition dated October 28, 2019 (Petition #19-12), Yakima -Housing Authority, requested to vacate a portion of platted City of Yakima right-of-way more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this unpaved, platted alleyway right-of-way; and WHEREAS, The Yakima Housing Authority, the applicant/petitioner for this right- of-way vacation, own all parcels abutting the property subject to this petition for vacation; and WHEREAS, on February 13, 2020, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested right-of-way vacation, and concluded the hearing on February 13, 2020; and WHEREAS, on February 28, 2020, the Hearing Examiner issued the Hearing Examiner's Recommendation regarding RWV#001-19, (the "recommendation") recommending that the platted street right-of-way be vacated, and said recommendation is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, at an open -record public hearing held on April 7, 2020, the City Council considered the requested right-of-way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy (YMC Ch. 14.21), are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, compensation to the City is not necessary for this right-of-way vacation due to the City having not purchased, maintained, or made any improvements to the public right-of-way, has no plans to do so, and has been a dedicated public right-of- way for at least five years, in accordance with YMC § 14.21.070 (A) (4); and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right-of-way vacation; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The unimproved dead-end alley right-of-way beginning a short distance west of North 6th Avenue and extending westerly one parcel south of Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419, and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the February 28, 2020 Hearing Examiner's Recommendation (RWV#001-19) regarding this right-of-way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and' RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right-of-way vacation granted by this ordinance is expressly conditioned on The Yakima Housing Authority's satisfaction of the following conditions, as stated on page 10 of the Hearing Examiner's Recommendation: 1. The legal description of the vacated area shall be a ten (10)-foot-wide strip of land platted as an alley and shown on the Plat of Hathaway's Subdivision of Lots 31 and 32 of Hathaway's 5 Acre Tracts in Section 13, Township 13 North, Range 18 East, W.M., within Block 1, lying north of, parallel with and adjacent to Lots 8 and 9 of said subdivision; SUBJECT TO an easement for public utilities over and across the same ten (10)-foot-wide strip of land. 2. Upon vacation, the north five (5) feet of the vacated area shall have the zoning classification of General Commercial (GC) and the south five (5) feet of the vacated area shall have the zoning classification of Multi -Family Residential (R-3). 3. A detailed site plan shall be provided which accurately shows all existing utilities within the right-of-way to be vacated. 4. A public utility easement shall be maintained to provide access for operation, maintenance or replacement of the existing utilities systems and improvements thereto. Section 4. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. 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, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of April, 2020. Exhibit A Petition and Legal Description PETITION NO. t`f. I CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter respectfully show. RECEIVED NOv 0 p 2019 CiTY OF YAKIMA KANM NG OW. 35.79, now The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal description below, or attach to petition if lengthy). Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above -described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property. Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35.79. /!.�.�lnl /hs', ,11e/D to /v1rr�. weer Address /a '/71)1 Signature pate jOO Ownership % Owner Signatu re Address Date Ownership "/o Owner Signature Address Date Ownership % Of there are more property owners than what is room for please attach a separate list of property owners shutting the right-af-way to be vacated as weN as their address, percentage of frontage on the right-of-way, and signarure with date and the total ownership pertvotaga of the property owners participating in this vacation) Revised 4/2019 EttflC,6 INDEX VACATION OF ALLEYWAY Proposed Description A 10 foot strip of land platted as an alley and shown on the Plat of Hathaway's Subdivision of Lots 31 and 32 of Hathaway's 5 Acre Tracts in Section 13, Township 13 North, Range 18 East, W.M., within Block 1, tying north of, parallel with and adjacent to Lots 8, 9 and 10 of said subdivision; SUBJECT TO an easement for public utilities over and across the same 10 foot strip of land. Exhibit B Hearing Examiner's Recommendation City of Yakima, Washington Hearing Examiner's Recommendation February 28, 2020 In the Matter of an Application/Petition for Vacation of Unimproved Alley Right -of -Way Submitted by: Yakima Housing Authority To Vacate a Portion of an Alley Right -of - Way Located West of North 6111 Avenue And South of Fruitvale Boulevard RECEIVED FEB 2 8 202U CITY OF YAXiMA PLANNING 01V. RWV#001-19 Petition No. 19-12 Resolution No. R-2020-004 A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this application/petition on February 13, 2020. (2) Community Development Specialist Colleda Monick presented the Planning Division staff report recommending approval of the requested alley right-of-way vacation. (3) Nathan Pocl, the Design Director for Yakima Housing Authority, testified in favor of the request by indicating that the applicant owns all of the property on both sides of the dead-end alley right-of-way proposed for vacation and that the requested vacation would facilitate future development of affordable housing by providing an additional area for parking even though permanent structures would not be allowed Yakima f-fousing Authority Vacation of AIIev Right -of -Way West of North 6' Avenue and South of Fruitvale Boulevard RWV#001-19; Petition No. 19-12 DOC. *ma # AA-\ there due to the existence of a public utility easement over the entire right-of-way for an existing City public sanitary sewer mainline and an existing irrigation system mainline. (4) No other testimony and no written public comments were submitted. (5) This alley right-of-way vacation recommendation has been issued within ten business days of the hearing. B. Summary of Recommendation. The 1-Tearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of an unimproved dead- end alley right-of-way beginning a short distance west of North 6th Avenue and extending westerly one parcel south of Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority, subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on February 10, 2020; the staff report, exhibits, testimony and evidence pre- sented at an open record public hearing on February 13, 2020; and a review of Chapter 35.79 of the Revised Code of Washington (RCW) and of the City of Yakima's public right-of-way vacation provisions in Chapter 14.21 of the. Yakima Municipal Code (YMC); the Hearing Examiner makes the following: FINDINGS I. Applicant/Petitioner. The applicant/petitioner is Yakima Housing Authority, 810 Yakima Housing Authority Vacation of A Ilex Right -of -Way West of Noiih 6 Avenue and South of Fruitvaie boulevard RWV4OO1-19; Petition No. 19-12 2 RECEIVED FEB 2 8 2020 CITY OF YAKIMA+ PLANNING DIV. DOC. INDEX # PEA-\ North 6`h Avenue, Yakima, Washington 98902. II. Description of Right -of -Way Vacation Request. The main aspects of this alley right-of-way vacation request may he summarized as follows: (1) On November 1, 2019, the City Department of Community Development received a petition from the Yakima Mousing Authority for vacation of a portion of unimproved east -west dead-end alley right-of-way beginning a short distance west of the 800 block of North 6th Avenue that is 10 feet wide and runs parallel to the south side of Fruitvale Boulevard behind the parcels at 1 1 12 and 606 Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority. (2) The stated purpose for the request is to allow an area that is currently fenced off to be used for parking by the Yakima Housing Authority for its existing campus and to provide design flexibility for future development of its affordable housing. No permanent structures can be placed on the vacated area in the future due to the existence of a public utility easement located there. The portion of the alley extending west directly off of North 6th Avenue which is used to access two parcels adjacent to that street would not be vacated. (3) RCW 35.79.040 and YMC § 14.21.080(A)(1) provide that vacated property shall belong to the abutting owner(s) on each side, one-half to each. Here all of the vacated property would belong to the Yakima Housing Authority as the only abutting property owner. III. Notices. Notice of the hearing was given on January 21, 2020, when the Yakima City Council adopted Resolution No. R-2020-004 setting the hearing for February 13, 2020, and was also subsequently given more than twenty days before the hearing in the manner required by RCW 35.79.020 and in the following additional ways on the following dates: Yakima Housing Authority Vacation of'Alley Right -of -Way West of North 61 Avenue and South of Fruitvale Boulevard RWV#001-19; Petition No. 19-12 3 RECEIVED FEB : 8 tutu CITY OF YAKIIt PLANNING DIV. DOC. INDEX # AA-1 Posting o1'notice on the property at the only access point: Publishing of notice in the Yakima Herald -Republic: Mailing of notice to the property owners within 300 feet: Posting of notice in three public places: December 18, 2019 January' 22, 2020 January 22, 2020 January 22, 2020 IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Subsection 1.43.080(1-1) that the 1-ic:aring Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights -of -way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recotrunendations to the Yakima City Council. V. Environmental Review. Street or alley vacations are categorically exempt from State Environmental Policy Act (SEPA) review per WAC 197-11-80O(2)(i) and Chapter 6.88 of the Yakima Municipal Code. VI. Comprehensive Plan. Public rights -of -way do not have a Comprehensive Plan designation. Upon approval of street or alley right-of-way vacations, the vacated areas receive the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates the property north of the area to be vacated to which the vacated area will accrue as Commercial Mixed Usc and the property south of the area to he vacated to which the vacated area wi[I accrue as Mixed Residential. VII. Zoning and Land Uses. Pursuant to YMC §15.22.060(E) which provides that where a public right-of-way is vacated, the vacated area shall have the zoning district Yakima Housing Authority V:ieation of A11cRight-of-Way West of North 6'' Avenue and South of Fruitvale Boulevard RWV#OO1-19; Petition No. 19-12 4 RECEIVED FEB 2 8 7.020 CITY OF YA1ciivoe, PLANNING ENV 00C. INDEX # classification of the property to which it accrues, the zoning for the north five (5) feet of the vacated portion of the ten (10)-foot-wide unimproved alley right-of-way would be General Commercial (GC) and zoning for the south five (5) feet of the vacated portion of the ten (10)-foot-wide unimproved alley right-of-way would be Multi -Family Resi- dential (R-3). Properties near the area to be vacated have the following zoning and land uses: Direction North South East West. Zoning; General Commercial (GC) Multi -Family Residential (R-3) General Commercial (GC) Multi -Family Residential (R-3) Multi -Family Residential (R-3) Land Use Commercial business, Vacant Office/Clinics Automotive Dealership Single -Family Dwellings Office/Clinics VIII. Development Services Team. The Development Services Team meeting held on November 19, 2019; resulted in the following comments: (I) Engineering: All City utilities — sewer, water and others — will require a utility easement per YMC Chapter 12.02 prior to vacation of right-oF- vay. (2) Wastewater: There is an existing City sewer line in the proposed right-of- way to be vacated. if the right-of-way is vacated, there will need to be an easement recorded that meets YMC Title 12 requirements. (3) Water/Irrigation: The site is within the City of Yakima's Fruitvale irrigation system service area. There is an existing three (3)-inch CI irrigation main with services in the alley along the extent of the proposed right-of-way vacation. A detailed site plan should be provided which accurately shows all existing utilities within the right-of-way to be vacated. A public utility easement shall be maintained to provide access for the City of Yakima's operation, maintenance and/or replacement of the existing irrigation system. RECEIVED Yakima Housing Authority Vacation of Alley Right -of -Way West of North 6th Avenue and South of Fruitvale Boulevard RWV#001-19; Petition No. 19-12 5 CITY ?n� 8 to W11 0i YAK, PLANNING 01V DOC. INDEX # IX. Criteria for the Vacation of Street Right -of -Way. The following live criteria set forth in YMC §14.21.050 are considered in determining the propriety and rcquisit s of public right-of-way vacations: (1) The public benefit, reason for, and limitations of the proposed right-of- way vacation. The public benefit that would result from the proposed right-of-way vacation would he to relieve the City from ever having to improve and maintain a portion of a dead-end alley right-of-way that is fenced and will never be of use to the City. The reason for the proposed right-of-way vacation is to allow the area to be used in connection with the Yakima Housing Authority's affordable housing purposes in the future. The limitations of the proposed right-of-way vacation would be the 10-foot-wide alley right-of-way west of North 6th Avenue between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 315I3 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority. (2) Whether the vacation of right-of-way would deny sole access to a public street or alley for any property. Vacation of the right-of-way involved in this request would not deny any property sole access to a public street or alley because all parcels surrounding the area to be vacated have access either to Pruitvale Boulevard or to North 61h Avenue. (3) Whether the proposal is consistent with existing plans of the city, such as the six -year transportation improvement plan, the urban area comprehensive plan or other official city plans and policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement of the subject 10-foot-wide unimproved dead-end alley right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. Nor did any of the City Divisions indicate at the Development Services Team meeting that the alley right-of-way area proposed for vacation would likely he improved by the City in the future. (4) Whether the vacation is appropriate with existing and anticipated zoning and land use. The requested right-of-way vacation would not adversely affect any existing or anticipated development. in the area. Upon vacation, title to the entire vacated area would vest in the sole abutting owner, the Yakima Housing Authority. RECEIVED Yakima Mousing Authority~ Vacation of Allez Right -of -Way West of North 6' Avenue and South of Fruitvale Boulevard RWV#001-19; Petition No. 19-12 6 FEB 2 8 2021] CITY OF YAltf.,. ,. PLANNING OIV DOC. INDEX PIA-,1 Upon vacation, the north 5 feet of the vacated arca would have the General Commercial (GC) zoning of the abutting property on the north, and the south 5 feet of the vacated area would have the Multi -Family Residential (R-3) zoning of the abutting property on the south. (5) Whether there are any public or franchised utilities in the right-of-way to be vacated and, if so, whether they will be relocated, or whether an easement will need to he reserved. There are public utilities in the right-of-way to be vacated. There is a City sewer main and a City irrigation line with services that are located within a public utility ctt.sement that already exists over the entire area requested to be vacated. X. Compensation to the City. YMC § I4 21.070(A)(4) exempts the applicants' petitioner for this alley right-of-way vacation from having to pay compensation to the City for the vacated property because of the following circumstances which are all present. in this situation: "4. No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." During the DST meeting, no City Divisions indicated that any future improvements were planned for the alley right-of-way involved in this request. This area was dedicated to the City of Yakima by the J.H. Hathaway Plat recorded on October 9, 1894. The City has neither purchased, maintained nor made any improvements to this area in the past. Therefore, no compensation is required for this alley right-of-way vacation. Yakima Housing Authority Vacation of Alley Right -of -Way West of North 6111 Avenue and South of Fruitvale Boulevard KWVt1001-19; Petition No. 19-12 7 RECEIVED FEB 2 t? 202Cl CITY OF YAxbi;iA PLANNING DIV. DOC. i1'40EX PSR-1 CONtCLUSIONS Based upon the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public street or alley right- of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of alley right-of-way have been completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because street or alley right-of-way vacations are categorically exempt from SEPA review. (4) Since the petitioner owns 100% of the property abutting the alley right-of- way area to be vacated, petition signatures were obtained from the owners of the requisite two-thirds of the property abutting the area to be vacated. (5) The right-of-way to be vacated was dedicated to the City by the J.H. Hathaway Plat which was recorded on October 9, 1894, rather than being purchased by the City. (6) The Yakima Urban Area Comprehensive Plan designates the. property abutting the area to be vacated as Commercial Mixed Use on the north and as Mixed Residential on the south, which will become the Comprehensive Plan designations of the vacated property if the City Council grants this request. (7) The Yakima Urban Area Zoning Ordinance classifies the property abutting the arca to be vacated as General Commercial (GC) on the north and Multi -Family Residential (R-3) on the south, which will become the zoning classifications of the. vacated property if the City Council grants this request. (8) No properties would be denied access to the public street system as a result of this right-of-way vacation since all parcels will have frontage on a public street or RECEIVED Yakima 1-lousing Authority 8 FEB Z 8 MO Vacation of Allcv Right -of -Way West of North 6'r Avenue and ( YA Si o South of Fruitvale Boulevard PLANNING DIV RWV#001-19; Petition No. 19-12 DOC. RNDEX access' to a public street, specifically either frontage on Fruitvale Boulevard or access to North 6th Avenue. (9) This request for alley right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (10) No testimony or written comments were submitted in opposition to the requested alley right-of-way vacation. (1 1) The requested alley right-of-way vacation would not affect any public or franchised utility lines because they are located within a public utility easement. (12) The requirements of ROW 35.79 and the City's five criteria governing the. approval of public alley right-of-way vacations have all been satisfied. (13) Y1v1C y 14.21.070(A)(4) states that compensation is not required to be paid to the City for the area to be vacated under the circumstances involved in this request. (14) if the Yakima City Council approves the requested right-of-way vacation, the vacated right-of-way would belong to the sole owner of the abutting property on both sides of the area to he vacated which is the Yakima }dousing Authority. RECOM.MENDATION The 1-fearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of an unimproved dead-end alley right-of-way beginning a short distance west of North 6'h Avenue and extending westerly behind parcels fronting on Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority, subject to the following conditions. (1) `i'he legal description of the vacated arca shall be a ten (10)-foot-wide strip of land platted as an alley and shown on the Plat of Hathaway's Subdivision of Lots 31 and RECEIVED Yakima Housing Authority Vacation of Alley Right -of -Way West of North 6` Avenue and South of Fruitvale Boulevard RWV#{i01-19; Petition No. 19-12 FEB 2 8 2020 CITY OF YAf li PI.ANNItis DIV. DOC. INDEX # A -i 32 of Hathaway's 5 Acre Tracts in Section 13, Township 13 North, Range 18 East, W.M., within Block 1, Tying north of, parallel with and adjacent to Lots 8 and 9 of said subdivision; SUBJECT TO an easement for public utilities over and across the same ten (10)-foot-wide strip of land. (2) Upon vacation, the north five (5) feet of the vacated area shall have the zoning classification of General Commercial (GC) and the south five (5) feet of the vacated area shall have the zoning classification of Multi -Family Residential (R-3). (3) A detailed site plan shall be provided which accurately shows all existing utilities within the right-of-way to be vacated. (4) A public utility easement shall be maintained to provide access for operation, maintenance or replacement of the existing utilities systems and improvements thereto. DATED this 28't' day of February, 2020. Yakima Housing Authority Vacation of Alley Right -of -Way West or North 6 ' Avenue and South of Fruitvale Boulevard RWW1001-19; Petition No. 19-12 10 Cary M. Chillier, wearing Examiner RECEIVED FEB 2 8 2020 CITY OF YAKI%;r PLANNING DIV 00C. INDEX # AA'1 ATTEST: dESA Sonyaaar Tee, City CI Publication Date: April 10, 2020 Effective Date: May 10, 2020 Patricia Byer 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7. For Meeting of: April 7, 2020 Public hearing and ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition submitted by Yakima Housing Authority to vacate a portion of an alleyway that extends west of N 6th Ave, south of Fruitvale Blvd Joan Davenport, AICP, Community Development Director Joseph Calhoun, Planning Manager Colleda Monick, Community Development Specialist (509) 576- 6772 SUMMARY EXPLANATION: Anyone wishing to comment on this public hearing should call 509-575-6001 once the hearing is opened. On November 1, 2019, the City of Yakima Department of Community Development received a petition from Yakima Housing Authority for the vacation of a portion of an alleyway that extends west of N 6th Ave, south of Fruitvale Blvd, located in the General Commercial (GC) and Multifamily (R-3) zoning districts. The proponent has requested this vacation for the purpose of creating additional parking for its existing campus and to provide design flexibility for future development. There are no future City plans for development of the subject right-of-way. On February 13, 2020, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested right-of-way vacation. No comments were received during the open record public hearing. On February 28, 2020, the Hearing Examiner issued a Recommendation stating that the right-of-way be vacated pending City Council approval. Council, please bring your copy of the Complete Record which was distributed at the March 17, 2020 Council Meeting. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Conduct public hearing and pass ordinance. 2 ATTACHMENTS: Description Upload Date ❑ Ordinance YHA 3/16/2020 Type Ordinance