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08/06/2013 07 Retaining Wall Standards; Yakima Planning Commission's Recommendation to Ammend YMC 15.09
} r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. % For Meeting of: 8/6/2013 ITEM TITLE: Public meeting to consider the Yakima Planning Commission's recommendation to amend YMC 15.09 related to retaining wall standards. SUBMITTED BY: Steve Osguthorpe, AICP Community Development Director (509) 575 -3533 SUMMARY EXPLANATION: The Yakima City Council will consider the recommendation of the Yakima Planning Commission regarding amendments to YMC 15.09 pertaining to retaining walls. In response to citizen complaints over the design of retaining walls, the Commission considered three alternate approaches for addressing retaining wall design, including (1) specifying which materials are appropriate for retaining walls, (2) specifying which materials are not acceptable for retaining walls, and (3) maintaining the status quo and not regulating retaining wall design. Based upon discussion at the hearing, the Commission is recommending a modified version of alternative 2, which would limit retaining walls to materials commonly and customarily used for that purpose. The Planning Commission's Findings of Fact and Recommendation to City Council are included in the council packet. See attached staff memo to Council for additional background information. Resolution: Other (Specify): Public Meeting Contract: Start Date: Item Budgeted: Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Ordinance: Contract Term: End Date: Amount: Improve the Built Environment Mail to: Phone: APPROVED FOR .4 4g:::j#j&JF SUBMITTAL: iiiiiiavo" City Manager RECOMMENDATION: Staff recommends that the City Council review and consider the Planning Commission's recommendation; and direct staff to prepare appropriate legislation to adopt the proposed development regulations pertaining to retaining walls. ATTACHMENTS: Name: Memo to City Council - Retaining Walls.doc Proposed Revised Text For Council Considerationjoc CC PACKET - Zoning Text Amendment - TXT001-13. Description: Memo to City Council - Retaining Walls Proposed Revised Text For Council Consideration CC packet zoning text MEMORANDUM August 6, 2013 TO: Honorable Mayor and Members of the City Council FROM: Steve Osguthorpe, AICP, Community Development Director SUBJECT: Amendments to YMC 15.09 & 15.02.020, related to retaining wall standards The City has been in the process of addressing some retaining wall issues that came about when a wall built behind lots on the south side of Skyline Way failed. The wall was later replaced, but the replacement wall has had similar structure problems and is currently being reviewed for structural soundness. The structural integrity of the wall has been of great concern to downhill property owners, but no less than the visual impacts the replacement wall has had on their properties. The wall is made of stacked ecology blocks that may be found to have similar visual characteristics as the large Jersey barriers often used along highways. While walls of any material can be designed for structural soundness, the issue addressed with this proposal is an aesthetic issue. The only way to ensure that retaining walls will not be visually intrusive or out of character with abutting development is to develop standards that address the design characteristics of retaining walls. In response to expressed concerns of abutting property owners, staff prepared for Planning Commission consideration standards that would apply to all walls exceeding six feet in height in residential zones and on commercially developed property. They would apply only to those walls that are within 75 feet of abutting property as measured from the bottom or toe of the wall. The standards would be adopted as Section 15.09.210 of the zoning code. Staff introduced the draft standards at the May 16, 2013 Planning Commission meeting, There was considerable public input at that meeting from concerned property owners. Input was also provided by Joe Walsh of Central Washington Home Builders Association. After discussing the various codes that would apply to an application for a retaining wall, Mr. Walsh suggested that any codes pertaining to engineering of retaining walls be considered concurrent with the proposed aesthetic standards, and he offered the use of CWHB's meeting room to discuss the matter with affected stakeholders. The Commission therefore moved to continue the public hearing and allow time for further discussion of this issue among representative stakeholders. A meeting was therefore scheduled at CWHB's office that included representatives from the neighborhood, contractors, industry representatives, and staff. Ben Shoval, Planning Commission chair also attended the meeting. There was good discussion over the concerns of affected neighbors and their desires to ensure that they could regain lost value to their property by ensuring that a more aesthetically pleasing wall might be installed over what is currently in place, and also to ensure that other property owners do not suffer the same loss that they have experienced. But concerns were also expressed over adoption of language that could limit use of products that might not have been anticipated under the adopted language but that might nonetheless be an effective and desirable product. It was therefore suggested by Mike Dooley of Wilbert Precast that we include an "other' alternative in the proposed draft standards that would allow staff to approve a material not specifically listed, but that would meet the intent of the standards. Another option that staff suggested was to take the opposite approach and define materials that are not allowed rather than defining materials that are allowed. This would likely be an easier list to develop because it appeared that there might be more agreement over what is not aesthetically acceptable as opposed to defining what is acceptable. Those present agreed that this might be an effective way to address this issue. Staff therefore presented to the Planning Commission three possible alternatives to regulating retaining wall design, which included (1) Include an "other' option to the list of standards already drafted; (2) List materials that are not permitted as opposed to defining what is permitted; and (3) Retain the status quo — make no changes. After considerable discussion, the Planning Commission moved to recommend language that essentially reflected alternative 2. The Commission's specific recommendation is reflected in the attached Planning Commission Findings of Fact & Recommendation. Attached for the Council's consideration is a listing of all options considered. And also the Planning Commission's Findings of Fact & Recommendation. Staff recommends that the Council review and consider the attached options and the Planning Commission's recommendation; and direct staff to prepare appropriate legislation to adopt the proposed development regulations pertaining to retaining walls. Retaining Wall Standards Amendment Options Option 1 15.09.2 10 — Special Requirements for Retaining Walls. 15.09.2 10 — Special Requirements for Retaining Walls. Retaining walls exceeding 6 feet in height, or retaining walls that are part of a stepped or terraced series of walls located closer than 15 feet from each other at any point, and that collectively exceed 8 feet in height, are subject to the following standards: a. Decorative Block Option: Retaining walls shall be constructed of, or faced with, individual blocks no larger than 8" high x 24" wide; or b. Larger Decorative Block Option: Retaining walls shall be constructed of, or faced with, decorative blocks of any size that are molded to provide the visual appearance of the block sizes in Option "a ", provided that actual seams of the larger blocks are indiscernible from the molded seams; or c. Stone Option: Retaining walls shall be constructed of, or faced with, natural stone or faux stone of any dimension, provided that faux stone is designed and colored to have the appearance of natural stone; or d. Timber Option: Retaining walls shall be constructed of, or faced with, treated timber; or e. Landscape Option: Retaining walls shall be landscaped with vines, espaliers, shrubs and /or trees that screen at least 75% of the wall surface within 3 years of growth. Landscaping shall be located on -site and within 4 feet of the face of the wall. Landscaping shall include an automatic irrigation system, and shall be maintained throughout the life of the wall. f Other: The Community Development Director may approve an alternate material that achieves the objectives of the materials otherwise approved in this section. Specifically, the material should provide consistent pattern and detail throughout the wall face, have the appearance of natural materials and /or be combined with planting materials to integrate the material into a landscaped setting. g. Retaining walls are exempt from these standards when: a. The toe or downhill footing of the retaining wall is located more than 75 feet from any property line or street right -of -way line. b. They are not part of a residential, commercial or professional office site development. Option 2 15.09.2 10 — Special Requirements for Retaining Walls. Retaining walls may be constructed of any materially commonly used for this purpose, such as block, timber, stone, or concrete. The following materials are prohibited for retaining walls: 1. Jersey barriers, smooth -faced ecology blocks, or ecology blocks of any design that do not include a top cap manufactured for said blocks to cover the interlock tongues and iron picking eyes (lift- hoops). 2. Tires and other materials not originally manufactured for, or customarily used on, retaining walls. Option 3 — The Planning Commission's Suggested Option 15.09.2 10 — Special Requirements for Retaining Walls. Retaining walls may be made of any material commonly used for this purpose, such as block, timber, stone or concrete. Materials not manufactured for or customarily used on, retaining walls are prohibited. Option 4 Retain Status Quo — make no changes. Note: Each of Options 1— 3 include adopting a definition of retaining wall, to read as follows: 15.02.020 — Definitions "Retaining Wall" means a wall made of wood, stone, cement, steel or other products intended to support, retain or stabilize earthen or gravelly materials at either natural or finished grade. TEXT AMENDMENT — SECTION 15.09.210 RETAINING WALLS TXT#001-13, SEPA#008-13 Yakima City Counc Public Meeting August 6, 2013 1 Applicant: City of Yakima Planning Division File Numbers: TXT#001-13, SEPA#008-13 Site Address: Citywide Staff Contact: Steve Osguthorpe, AICP Planning Manager/Community Development Director CHAPTER AA Yakima Planning Commission's Findings of Fact and Recommendation to Yakima City Council CHAPTER A Staff Reports to Yakima Planning Commission CHAPTER B Environmental Review Checklist (SEPA) CHAPTER C Public Notices TEXT AMENDMENT — SECTI4N 15.09.210 RETAINING WALLS TXT #001 -13, SEPA #008 -13 EXHIBIT LIST CHAPTER AA YPC Findings of Fact and Recommendation :ADC W= DOCUMENT DATE AA -1 Yakima Planning Commission's Findings of Fact and Recommendation to Yakima City Council 07/16/2013 smra I� RECEIVED QUY OF YAKIMA OOMMUNITY DEV11"ENT WHEREAS, the City of Yakima received complaints regarding both the structural integrity and the aesthetic design of failed retaining walls; and WHEREAS, the city regulates the structural integrity of retaining walls through adopted building codes, but has no regulations pertaining to the aesthetic design of retaining walls; and A9012-11111MR-11911 WHEREAS, on April 5, 2013, the City submitted a Zoning Ordinance amendment application and State Environmental Policy Act (SEPA) Checklist initiating the draft amendments, and WHEREAS, pursuant to RCW 36.70A.106 notice of the proposed development regulations were sent to the Washington State Department of Commerce prior to the amendments being considered for adoption; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11 and YMC 6.88, and prior to the Commission's hearing, the City issued a Determination of Non-significance (DNS) on the proposed zoning ordinance amendments on April 8, 2013, and 11TAEREAS, on April 30, 2013, pursuant to the State Environmental Policy Act `SEPA) WAC 197-11 and YMC 6.88, the City's Planning Division retained its DNS on thwa ,#,roposed amendments, and WHEREAS, an open record public hearing regarding the proposed text amendments and SEPA threshold determination occurred on May 16, 2013, where all persons desiring to comment on the proposed amendments and the SEPA determination were given a full and complete opportunity to be heard; and WHEREAS, on May 16, 2013, the Planning Commission conducted an open record public hearing on the proposed amendments and SEPA determination, and heard testimony from both concerned residents and building industry representatives; and WHEREAS, the public hearing was continued to allow representatives of the building industry, concerned residents and staff to meet and consider whether the For reasons stated above, it was moved and seconded that Council adopt amendments to YMC Section 15.02.020 and Section 15.09.210, to read as follows: 15.02.020 — Definitions "Retaining Wall " means a wall made of wood, stone, cement, steel or other products intended to support, retain or stabilize earthen or gravelly materials at either natural or finished grade. M DW- INDEX 15 09.210 — Special Requirementsfor Retaining Walls, Retaining walls may be made of any material commonly usedfor this purpose, such as block timber, stone or concrete. Materials not manufacturedfor or customarily used on, retaining walls are prohibited, 03M��� I TEXT AMENDMENT — SECTION 15.09.210 RETAINING WALLS TXT #001 -13, SEPA #008 -13 EXHIBIT LIST CHAPTER A Staff Reports to YPC 1# A -1 Retaining WaU Photos 05/16/2013 A -2 Staff Report 05/16/2013 A -3 Staff Report for Continued Hearing 06/26/2013 im COMMUNITY DEVEI-Oplilp,',?V'I'DEPARTIfENT 129 Nortil Second Sfroral, rid Floor, Yezkinza. Washington 98901 Phone (509) 575 -6113 - Fax (509) 576-6576' www.yakimawa,gov Steve Osguthorpe, AICP Zoning Code INDEX # A YUMME Page Code Administration (509) S7 S-6126 Planning (see) s7,5-6183 OfTice OfAlnehhorhood even ma ,jerptcex (Soo) 01 -141 =1-" fit On alifi:, * • - -T MR. no U MT-177(4 17-1L.11 161=1 P-1 �f -vjj*x*-,,fi A 4 Language that would implement these afteirnatives is attached for the CommissloWs consideration. COASISTENCY WITH COMPRIEHENSIVE PLAN: The staff is unaware of any goals or policies of the comprehensive plan that are inconsistent with, or that do not support adoption of, the proposed zoning text amendments pertaining to retaining walls. PUBLIC NOTICE AND FEEDBACK: Notice Of the Proposed amendments was published in the Yakima Herald on April 7 2013, and was sent to the State Department of Commerce on April 8, 2013. To date nt, additional written comments have been received beyond those received and considered at the May 16, 2013 meeting. PLANNING COMMISSION OPTIONS: Tke Cvimufriesio STAFF RECOMMENDATION: Staff 'finds that them are no inconsistencies between the proposed text and adopted comprehensive plan policies. Staff believes that either Alternative I or 2 of the proposed amendments wo DOC. Page'2 INDEX # -A----3- ultimately be the decision of policy makers. Staff recommends that the Commission Steve Osguthorp ",ICP 41 Community Development Director Date: DOC. Page 13 N INDEX Page C 1 2- 15.02.020 — Definitions "Retaining Wall" means a wall made of wood, stone, cement, steel or otherproducts intended to support, retain or stahilizze earthen or gravelly materials at either natural orfinished grade. DOC. INDEX Page 12 # ........... CONSISTENCY WITH COMPREHENSIVE PLAN: PUBLIC NOTICE AND FEEDBACK: Notice of the ro osed amendments was ubli PLANNING COMMISSION OPTIONS: The Commission can act in accordance with one of the following options: DW. INDEX Page 13 #__I- 2- Community Development Director bate: DOC. 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F�.t,Y.'MFn.r_ ' Location Map by Map Channels htt p:// date.mapehannels.com/locationmp /100 /map.htm ?maw 120. 582666 &my -46. 609436 &mzj -l5 &mt= 2 &drrrl &mw= 250 &tc= 2 &mn=3 ld. kV AT r I ti DOC INDEX 92043 i�+ogle UE 1 of 1 5/3/2013 4:14 PM LAtt:attUll map uy ivmp I,nact ICIS I 1 t 1 of 1 i So %Pw- http://data.mapchannels.com/locationrmp/ t 00/tmp.hi3m?n 120.611655 &rny=46. 608708 &mz= 15 &mt= 2 &drtrl &mw= 250 &tc= 2 &mn=3 •i _ t OIL ffiii6w 5/3/2013 3:50 PM Location Map by Map Channels http: // data .mapchannels.comilocationrmp / 100 / map .htm ?mx =- 120.562662 &rr"6.6127 5 7 &mr 15 &mr^2 &drn =1 &mw= 250 &tc= 2 &mn=3 . ND EX ® 2013 Google oasae v o'le- (2 -'r\ ?le- rVowt WON 1 of 1 5/3/2013 3:35 PM LAJt,CtLllJll IVld}J Uy lVldp k.1ldILIC1S http: // data .mapehannels.com /locatiom -iap /100 /map.htrn ?mom 120.606947 &my=46. 606477 &mz= l5 &mt-= 2 &dm =] &mw= 250 &Cc= 2 &rrm =3 DEX ® 2013 Google 1 of 1 f4-et Aw If 5/3/2013 4:40 PM TEXT AMENDMENT — SECTION 15.09.210 RETAINING WALLS TXT #001 -13, SEPA #008 -13 EXHIBIT LIST CHAPTER B SEPA Checklist LJW INDEX LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 ` VOICE: (509) 575-0183 FAX: (509) 575 -6105 INSTRUCTIONS —PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART Il and III contain additional informations ecitic to your proposal and MUST be attached to this page to complete the application. PART I — GENERAL INFORMATION 1. Applicant's Name, Address, Name City of Yakima Planning Department And Phone Number Street 129 North Second Street City Yakima ST WA I Zip 98901 Phone 1 (509) 575 -6183 2. Applicant's Property Interest Check One ❑ Owner ❑ Agent ❑ Purchaser ® Other: Local Government 3. Property Owner's Name, Name Address, And Phone Number Street (If Other Than Applicant) City IST I I Zip Phone ( ) 4. Subject Property's Assessor's Parcel Number(s): Parcels within the boundaries of the City of Yakima city limits. 5. Property Address: NIA 6. Legal Description of Property. (if lengthy, please attach it on a separate document) N/A 7. Property's Existing Zoning: ® SR ® R -I ® R -2 ® R -3 ® B -1 ® B -2 ® HB ® SCC ® LCC ® CBD ® GC ® AS ® RD ® M -1 ® M -2 8. Type Of Application: Check All That Ap ly) ❑ Administrative Adjustment ® Environmental Checklist (SEPA) ❑ Easement Release ❑ Type (2) Review ❑ Right -of -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure/Use ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat ❑ Appeal ❑ Temporary Use Permit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment ❑ Planned Development ❑ Short Plat Exemption: ® Other: Zonine Ordinance Amendment PART Il -- SUPPLEMENTAL APPLICATION, PART III — REQUIRED ATTACHMENTS, & PART IV — NARRATIVE 9. SEE ATTACHED SI4EETS PART V — CERTIFICATION 10.1 certify that the information on this application and the required attachments are true and correct to the best of my knowledge. PR (k TY O E GNATURE DATE FOR ADMINISTRATIVE USE ONLY Revised 12 -08 Notes: FILE # DATE FEE PAID RECEIVED BY Amount Receipt No. Heariniz Date LJW INDEX -� ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197 -11 -960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non- project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," " ro oser," and "affected geographic area," respectively. A. BACKGROUND INFORMATION (To be completed by the applicant.) 1. Name of Proposed Project (If Applicable): City of Yakima Urban Area Zoning Ordinance Amendments pertaining to design and/or landscaping standards for retaining walls. 2. Applicant's Name & Phone: City of Yakima Planning Department, 509 -575 -6183. 3. Applicant's Address: 129 North Second Street, Yakima, WA 98901. 4. Contact Person & Phone: Steve Osguthorpe at (509) 575 -3533 5. Agency Requesting Checklist: City of Yakima 6. Date the Checklist Was Prepared: April 2, 2013. 7. Proposed Timing Or Schedule (Including Phasing, If Applicable): NIA 8. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Not at this time. DOC. INDEX 9. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: None. 10. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None pending 11. List any government approvals or permits that will be needed for your proposal, if known: SEPA determination, City of Yakima Planning Commission Public Hearing, and City Council Approval. 12. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): This proposal includes amendments to the City of Yakima's Urban Area Zoning Ordinance sections 15.09, adopting a new Section 15.09.2 10 to enact regulations pertaining to the design of retaining walls exceeding 6 feet in height. 13. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.: City limits. B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for A enc 1. Earth _C_omments a. General description of the site (✓ one): N /A — Not a site- specific proposal. ❑ flat Ll rolling hilly ❑ steep slopes ❑ mountainous ❑ other b. What is the steepest slope on the site (approximate percent slope)? N /A. This is a text amendment pertaining to the design of retaining walls. Retaining walls can be used on slopes of various degrees c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. This is a text amendment pertaining to the design of retaining walls. Retaining walls may be installed on various soil types. Soil type would be a consideration under the building permit. INDEX B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for _ _ Agency Comm_ enis d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. This is a text amendment pertaining to the design of retaining walls. Retaining walls may be installed on various soil types. Soil type would be a consideration under the building permit and is not related to the aesthetic design of retaining walls. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. This is a text amendment pertaining to the design of retaining walls. No filling or grading is proposed with this text amendment. f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. This is a text amendment pertaining to the design of retaining walls. No clearing or construction is proposed with this text amendment. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N /A. b. Are there any of[ site sources of emissions or odor that may affect your proposal? If so, generally describe. N /A. c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A This is a text amendment. There are no site - specific proposals associated with this amendment. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A This is a text amendment. There are no site - specific proposals associated with this amendment. 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A This is a text amendment. There are no site - specific proposals associated with this amendment. DOG. INDEX B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for A_ enc Comm_ e_nts 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5. Does the proposal lie within a 100 -year fioodplain? If so, note location on the site plan. N/A This is a text amendment. There are no site- specific proposals associated with this amendment 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. N/A 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water Runoff (including stormwater); 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A This is a text amendment pertaining to design issues only. The amendments will not affect hove retaining walls otherwise affect runoff. 2. Could waste materials enter ground or surface waters? If so, generally describe. N/A 3. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A 4. Plants: a. Check ( ✓) types of vegetation found on the site: NIA Not a site - specific proposal. Deciduous Tree: Alder ❑ Maple ❑ Aspen El Other Evergreen Green: Fir ❑ Cedar ❑ Pine Other El Shrubs ❑ Grass ❑ Pasture Crop Or Grain Other Other Types Of Vegetation: b. What kind and amount of vegetation will be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. There are minor amounts of threatened or endangered species know to live in or around the city limits of Yakima, however this proposal does not involve any change to the land ON®EX # L-- B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) or habitat, and is considered non - project. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: This is not a site - specific proposal. However, the proposed text allows landscaping as an alternate means of mitigating the visual im acts of retaining wall. s 5. Animals: a. Check ( ✓) any birds and animals which have been observed on or near the site or are known to be on or near the site: N/A — Not a site-specific proposal. Birds: ❑ Hawk Heron ❑ Eagle ❑Songbirds Other Mammals: LJ Deer ❑ Bear ❑Elk ❑Beaver Other Fish: El Bass Salmon ❑ Trout ❑ Herring LJ Shellfish C1 Other b. List any threatened or endangered species known to be on or near the site. There are minor amounts of threatened or endangered species known to live in or around the city limits of Yakima, however this proposal does not involve any change to the land or habitat, and is considered non - project. c. Is the site part of a migration route? If so, explain. Migratory birds may utilize property within the City limits; however this proposal does not involve any change to the land or habitat, and is considered non-project. d. Proposed measures to preserve or enhance wildlife, if any: N/A 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. N/A 1. Describe special emergency services that might be required. N/A 2. Proposed measures to reduce or control environmental health hazards, if any: N/A b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? N/A Space Reserved for MM. INDEX B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) 2. What types and levels of noise would be created by or associated with the project on a short-term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A 3. Proposed measures to reduce or control noise impacts, if any: N/A 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? N/A b. Has the site been used for agriculture? If so, describe. Many of the properties within the City of Yakima have been used for agriculture purposes in the past. c. Describe any structures on the site. N/A d. Will any structures be demolished? If so, what? N/A e. What is the current zoning classification or the site? The current zoning classifications which are effected by these amendments are as follows: SR, R -1, R -2, R -3, B -1, B -2, HB, SCC, LCC, AS, GC, CBD, RD, M -1 and M -2 f. _ What is the current comprehensive plan designation of the site? The Comprehensive Plan designations within the City of Yakima area as follows: Low Density Residential, Medium Density Residential, High Density Residential, Professional Office, Neighborhood Commercial, Community Commercial, General Commercial, Regional Commercial, CBD Core Commercial, and Industrial. g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. N/A—Non-Project Action i. Approximately how many people would reside or work in the completed project? N/A j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any. N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The existing proposal will modify the above mentioned City of Yakima regulations and land use plans. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. N/A Space Reserved for DOC. INDEX # -i B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Comments c. Proposed measures to reduce or control housing impacts, if any: N/A 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what are the principal exterior building materials proposed? The proposed design standards would appIy to any retaining wall exceeding 6 feet in height, or to any terraced retaining wall with a combined height over 8 feet. b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: The proposed design standards are intended to improve the aesthetic appearance of retaining walls. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A c. What existing off -site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? N/A b. Would the proposed project displace any existing recreational uses? If so, describe. N/A c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. N/A b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. NIA c. Proposed measures to reduce or control impacts, if any: N/A ld. Transportation INDEX B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) I Space Reserved for AgeuSX Comments a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. N/A b. is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? N/A c. How many parking spaces would the completed project have? N/A How many would the project eliminate? N/A d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). N/A e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. NIA f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A g. Proposed measures to reduce or control transportation impacts, if any: N/A 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? if so, generally describe: N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. N/A C. SIGNATURE (To be completed by the applicant.) INDEX B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Comments The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its de Property Owner or A Signature Date Submitted PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW DM. INDEX S. How would the proposal be li ly to affect land an shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No change to land and shoreline uses are proposed. Proposed measures to avoid or reduce shoreline and land use impacts are: None proposed How would the proposal be likely to increase demands on transportation or public cervices and utilities? The Toposed, zoning changes would not be li Proposed measures to reduce or respond to such demand(s) are: None proposed. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed zoning amendments will not conflict with any local, state, or Weral laws, of requirements for the protection ofthe environment TEXT AMENDMENT — SECTION 15.09.210 RETAINING WALLS TXT #001 -13, SEPA #008 -13 EXHIBIT LIST CHAPTER C Public Notices -W - d DOLT QATR C -1 _ Notice of Application, Environmental Review, and YPC 04/08/2013 Public Hearing C -la: Legal Notice and Press Release Distribution E -mail C -lb: Parties and Agencies Notified C -1c: Affidavit of Mailing C -2 Department of Commerce — Request for Expedited Review 04/08/2013 C -3 Notice of Determination of Non - Significance (DNS) 04/30/2013 C -3a: Parties and Agencies Notified C -3b: Affidavit of Mailing C -4 YPC Packet & Staff Report Distribution List 05/08/2013 C -5 Yakima Planning Commission Agenda & Sign -In Sheet 05/16/2013 C -6 Yakima Planning Commission Agenda for Continuation of the 06/26/2013 Public Hearin C -7 City Council Public Meeting Notice 07/25/2013 CITY OF YAKIMA NOTICE OF PUBLIC MEETING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATION REGARDING URBAN AREA ZONING ORDINANCE TEXT AMENDMENTS NOTICE IS HEREBY GIVEN that the Yakima City Council will consider the City of Yakima W11*4 gj L*j .11111 J* Ull: in the Council Chambers at Yakima City H�1'1' 12-9 N. 2 Street, Yakima, Washington. 11 1111111 111111 1@111111 11111 111 11111p111111111111111 6v City Clerk AlFurr-1 Charge Account No. 10952 DOC. INDEX COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575 -6183 • Fax (509) 575 -6105 ask.planning @yakimawa.gov • http: / /www.yakimawa.gov /services /planning/ City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday June 26, 2013 3:30 pm - 5:00 pm YPC Members: Chair Ben Shoval, Co -Chair Dave Fonfara, Ron Anderson, Al Rose, Scott Clark, Paul Stelzer, Bill Cook City Planning Staff: Steve Osguthorpe, Community Development Director/Planning Manager, Bruce Benson, Supervising Planner; Jeff Peters and Joseph Calhoun, Associate Planners; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant Agenda Announcement: This meeting is a study session on the City's Master Program in which the general public is invited to participate and comment. I. Call to Order II. Roll Call III. Staff Announcements IV. General Audience Participation Not Associated with an Item on the Agenda V. Continued Hearing: • Zoning Code Text Amendments Pertaining to Retaining Walls VI. Other Business VII. Adjourn to July 10, 2013 Yakima DOC. r INDEX ,,,, COMMU. 'DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575 -6183 ■ Fax (509) 575 -6105 ask.plalining@yakimawa.gov • http://www.yakimawa gov/services/ptanning/ City of Yakima Planning Commission PUBLIC HEARING /STUDY SESSION City Hall Council Chambers Thursday May 16, 2013 2:00 pm- 5 :00 pm YPC Members: Chair Ben Shoval, Co-Chair Dave Fonfara, Ron Anderson, AI Rose, Scott Clark, Paul Stelzer, Bill Cook Ci Planning Staff• Steve Osguthorpe, Community Development Director/Planning Manager; Bruce Benson, Supervising Planner, Jeff Peters and Joseph Calhoun, Associate Planners; Chris Wilson, Assistant Planner, and Rosalinda Ibarra, Administrative Assistant Agenda Announcement: This meeting is a study session on the City's Master Program in which the general public is invited to participate and comment. I. Call to Order II. Roll Call III. General Audience Participation Not Associated with an Item on the Agenda IV. Public Hearing: # Text Amendment: New Section 15- 09.210 Special Requirements for Retaining Walls V. Shoreline Master Program Review: • Staff Distribution of Shoreline Materials • Task #1 - Review Section 17.05.020 Environmental Protection • Task #2 - Review Section 17.05.030 Shoreline Vegetation Conservation • Task #3 - Review Section 17.09.030 Fish and Wildlife Habitat and the Stream Corridor System • Task #4 - Review Section 17.050.060 Flood Hazard Reduction • Task #5 - Review Section 17.07.030 Boating and Private Moorage Facilities • Task #6 - Review Section 17.07.150 Shoreline Stabilization • Task #7 - Review Remaining Sections of 17.09 Critical Areas • Follow -up: Questions or Concerns Regarding Previous Edits and Changes VI. Other Business VII. Adjourn to May 22, 2013 DM Yaldma INDEX ll[III # C-5 1194 CITY OF YAKIMA YAKIMA PLANNING COMMISSION PUBLIC REAIRJNG City Hall Council Chambers SIGN-IN SHEET 11101iffal MMMEZ_�� I YPC Packet Distribution List an, arties of Record - Zoning Text Amel- 'ent - TXT#001-13, SEPA#008-13 k 0, - - I r41--mv Alfred A. Rose Dave Fonfara Paul Stelzer 6402 Scenic Drive Yakima, WA 98908 Benjamin W. Shoval 123 East Yakima Avenue, SteA210 Yakima, WA 98901 7701 Graystone Court Yakima, WA 98908 Ron Anderson CWHBA Wilbert Precast, Inc, 103 S 3rd St Ste#203 c/o Joe Walsh c/o Mike Dooley Yakima, WA 98902 3301 West Nob Hill Blvd 2309 South 381h Avenue Yakima, 98902 Yakima, WA 98902 Type of Notice: 7 11 DM. Date of Mailing: 3 ---4M3EX- # Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Wednesday, May 08, 2013 3:48 PM To: Alfred A. Rose (silvrfx40 @bmi.net); Benjamin W. Shoval (ben.shoval @shoval.com); Dave Fonfara; Ensey, Rick; Ibarra, Rosalinda; Kunkler, Mark; Paul Stelzer; Ron Anderson ( rondedicatedrealty @hotmail.com); Scott Clark (scott.clark @charter.net); William Cook (cook.w @charter. net) Cc: Allyn, Kaarre; Beehler, Randy; Benson, Bruce; Bill & Linda Beerman; Brown, Michael; Business Times Randy Luvaas (E- mail); Chris Bristol; Chris Linschooten; City of Union Gap; Claar Tee, Sonya; CWHBA Joe Walsh (E- mail); Dan Catchpole - YHR; Danielle Surkatty; Davenport, Joan; Davido, Sean; Dianna Woods; Dirk Bernd - Cobalt Mortgage; Doug Carey; Evodio Reyes; Farmworker Housing Marty Miller (E- mail); Gary Forrest; Ibarra, Rosalinda; Jamie Carmody; Jefferson Spencer ( Jefferson .Spencer @co.yakima.wa.us); Crockett, Ken; Lozano, Bonnie; Mike & Cindy Noble; Mike Dooley - Wilbert Precast; Mike Shinn; Osguthorpe, Steve; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson ( ron @traditionaldesignsinc.com); Sandy Lloyd; Schafer, Scott; Schneider, David; Steve Erickson; Steve S; Steven Nielsen; Terrence Danysh; Terry Keenhan; Thomas Carroll; Vic & Wilma Koski; Walt Ranta; Willson, Shelley; Wilson, Chris; Crockett, Ken; Daily Sun News - Bob Story; KAPP TV News; KBBO -KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV - Jim Niedelman; KIMA TV News; KIT /KATS /DMVW /KFFM - Lance Tormey; KNDO TV - Julie Stern; KNDO TV News; KUNS -TV Univision; KVEW TV News; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Albert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianeilo; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times - George Finch; Beehler, Randy Subject; Yakima Planning Commission Agenda for May 16, 2013 Attachments: YPC AGENDA 05- 16- 2013.pdf; YPC AGENDA -STF RPT - Zoning Amdts - TXT001- 13.pdf Good afternoon, The next meeting of the Yakima Planning Commission will take place on Thursday May 16, 2013 beginning at 2:00 p.m. in the City Hall Council Chambers. Attached is the agenda for this meeting as well as the staff report for the text amendment scheduled for public hearing. The complete record is available for inspection upon request at the City of Yakima Planning Division office located at 129 North 2nd Street, Yakima, WA 98901. Information related to the Shoreline Master update can be directed to Jeff Peters, Associate Planner by e -mail jeff.peters@3,akim.awa.gov or phone at (509) 575 -6163. Thanks! Rosalinda Ibarra Community Development Administrative Assistart rosalinda.ibarra(i�yakimawa.6ov Citv of Yakima i Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575 -6183 * f: (509) 575 -6105 DOC. INDEX City Planning Division - Zoning Amendments Citywide That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. IT61MMM 0 M r -t DM. INDEX # C-3 h -_bethlv'&ahomum.net Department of Ecology Annie Szveteez SEPA Policy Lead amamh&-Cwa. o� Department of Social & Health Services Andrew Jenkins d andrew.jenkins J shs.wa.gov da Jeanne Rodriguez Jeanne.rodriguez ai.dshs.wa,& v jZ ------ a Energy Facility Site Evaluation Council - EFSEC Stephen Posner SEP A Officer supsnernaggg.w�gov Office of Rural and Farm Worker Housing Marty Miller for West Valley School District Angela Watts Asst. Supt. Of Business & Operations wattsaQwvsd208.onr Jim Robinson Field Facilitator LM.robi—nson a, Cim 4c.c2M Eric Bartrand tckmnkhgg@dft�� Dept of Archaeology & Historic Preservation Preservation Officer !a�if�fitha da�hwa, �uv Engineering Division Doug Mayo City Engineer dmgy��� Dana Kallevig UnA A Branch Karen Urelius Project Manager KaremM.UreJius@,usac:e.army.mil WSDOT gonse ---QAEdot.Zoy Yakama Bureau of Indian Affairs for Trust Services Stave.AApgLmann bia.g. ov eries rmje,-;t John Marvin imgain�� W, l 11 1 1 Yakima Greenway Foundation At Brown Executive Director Growth Management Services Department of Natural Resources Linda Hazlett Assistant Land Manager Linda,hazlgq@diJL.wa.goy Dept of Archaeology & Historic Preservation Gretchen Kaehler Local Government Archaeologist Gretchen a e hi qr @.d a h, w a,�o v Nab Hill Water Association Jerms, Leaverton Engineering Technician imn anobhill water. ora Wastewater Division Scott Schafer Wastewater Manager sschak@,ci.yakima.wa.us WS DOT Rick Holmstrom Development Services hgLMs�rwsdot wa Gov Yakama Bureau of Indian Affairs Rocco Clark Environmental Coordinator Rocco.clarkO,bia,eov Yakima Regional Clean Air Agency Yakima Valley Conference of Governments Yakima Valley Museum as Tahat Engineering & Planning Shawn Conrad Planner John A. Battle Director Supervisor conrgdE@,)OLcog.org hasan aa jJyu c -orZ ____ 10 North 9th Street Yakima, WA 98901 P.O. Box 42560 Olympia, WA 98504 MM7 1200 6tb Ave. MS 623 Seattle, WA 98 101 1*0 Box 40909 Olympia, WA 98504 Paul Edmondson Trolleys W" is VV;;; J. Christine Collins - 41' Rezlt�1'-Of-qc--*f Drinking Water 16201 F- Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 ftuth Jim Yakama Indian Nation P.O. Box 151 Tiii enish, WAA 28248 Scott Robertson Yakima Waste Systems W""a" I VNIM�T I C130111 Type Notices T�Cvlfl t-1111wLe Charter Communications 1005 North 161b Ave Yakirn a, WA 98902 Gwen Clear Department of Ecology 15 West Yakima Ave�, Ste# 2 Yakima, WA •8902 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Mike Paulson Pacific Power 500 No Keys Rd Yakima, WA 98901 Jeff McKee 205 W Washington Ave Yakima, WA 98903 Robert Hodgmap WSDOT--A,v l t IS I i, Wil i Mail Date of Mailing. _:41 to Type of Notice. 5) File Number(s): -5 Q O—AA Date of Mailing: MC. INDEX rt E-mail Address Dana Kallevig Engineerin 9 dana.kallevic gray1kirnawa. oy Doug Mayo Engineering Engineering __P_ III j�ff cutterry, akim�awq. �ov Archie Matthews archie.matth Mar k Sop tich Fire D ept mark. s hkyak ODUC Jerry Robertson Y.robertsonPavak-*mq,, Royale Schneider Code Administration Code Administrati on II III I Water/Irrigation .......................... . ......................................... davebroNynLayakj�_�awa.gov Mike Shane VIII m.. & -imawa.aov ......................... Carolyn B elles . ............................................. Wastewater carolyn.beljes��,vqkimawq.go Scott Sch afer Wastewater sCott.schafer@YqkimqwLgoy Refuse Dsion X11 111 james.deApfa) akimq,,vagov Transit Division Steve Osguthorpe t Community Development For the Record/File Binder Copy Type of Notice. 5) File Number(s): -5 Q O—AA Date of Mailing: MC. INDEX rt Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, April 30, 2013 12:37 PM To: Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Unit; Department of Fish and Wildlife - Eric Bartrand; Department of Natural Resources - Linda Hazlett; Department of Social & Health Services - Andrew Jenkins; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic Preservation - Gretchen Kaehler; Energy Facility Site Evaluation Council - Stephen Posner; Ibarra, Rosalinda; Kallevig, Dana; Mayo, Doug; Nob Hill Water - Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; Riddle, Dan; US Army Corps of Engineers - Karen M. Urelius; Schafer, Scott; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Bud Robbins; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama Nation Environmental Mgmt Program - Kdstina Proszek; Yakama - Klickitat Fisheries - John Marvin; Remmel, Lee; Yakima County Commissioners; Yakima County Health District; Yakima County Planning Director - Steven Erickson; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Yakima Health District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; Belles, Carolyn; Brown, David; Cutter, Jeff; Denman, Glenn; Dorenbush, Brandon; Futrell, Kevin; Matthews, Archie; Osguthorpe, Steve; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Thompson, Nathan Cc: Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; KAPP TV News; KBBO -KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV - Jim Niedelman; KIMA TV News; KIT /KATS /DMVW /KFFM - Lance Tormey; KNDO TV - Julie Stern; KNDO TV News; KUNS -TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Albert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy; Alfred A. Rose (siivrfx40@bmi,net); Benjamin W. Shoval (ben.shoval @shoval.com); Dave Fonfara; Ensey, Rick; Kunkler, Mark; Paul Stelzer; Ron Anderson (ro nded icated realty@ hotm ai I. com); Scott Clark (scott.clark @charter.net); William Cook (cook.w @charter. net); Allyn, Kaarre; Beehler, Randy; Benson, Bruce; Bill & Linda Beerman; Chris Bristol; Chris Linschooten; City of Union Gap; Claar Tee, Sonya; CWHBA Joe Walsh (E- mail); Dan Catchpole - YHR; Danielle Surkatty; Davenport, Joan; Davido, Sean; Dianna Woods; Dirk Bernd - Cobalt Mortgage; Doug Carey; Evodio Reyes; Gary Forrest; Jamie Carmody; Jefferson Spencer (Jefferson .Spencer @co.yakima.wa.us); Crockett, Ken; Mike & Cindy Noble; Mike Dooley - Wilbert Precast; Mike Shinn; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson (ron @tradition aides ignsinc.com), Sandy Lloyd; Schneider, David; Steve S; Steven Nielsen; Terrence Danysh; Terry Keenhan; Thomas Carroll; Vic & Wilma Koski; Walt Ranta; Willson, Shelley; Wilson, Chris Subject: NOTICE OF DNS - City Planning Division- Zoning Amdts- SEPA#008 -13 TXT#001 -13 Attachments: NTC OF DNS - Zoning Amendments - SEPA008 -13 TXT001- 13.pdf Rosalinda Ibarra Community Development Administrative Assistant rosalinda.ibarrar vakimawa.00y City of Yakima I Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575 -6183 x f: (509) 575 -6105 DoC. INDEX CITY OF YAKIMA NOTICE OF RETENTION April 30, 2013 SEPA File No. ;,yew INDEX 0 Department of Commerc Innovationis in our nature, i Notice of Proposed Amendment Request for Expedited Review Pursuant to RCW 3 6.70A. 1 06(3)(b), °©f following jurisdiction provides notice of a proposed development regulation amendment and requests expedited state agency review under the Growth Management Act. "J,M%TMMT,?9,-P7VPo3eo amenciments to comprehensive plans are not eligible for expedited review. The expedited review period is 10 business days (14 calendar days). Ibarra, Rosalinda From: CM GMU Review Team [reviewteam@commerce.wa.gov] Sent: Monday, June 03, 2013 4:00 PM To: Osguthorpe, Steve Cc: CGM GM U Review Team The City of Yakima has been granted expedited review for the proposed amendment to the City of Yakima's Zoning Ordinance, adopting a new Section 15.09.210 that provides special design and/or landscaping requirements to mitigate the visual impacts of retaining walls exceeding 6 feet in height. This proposal was submitted for the required state agency review under RCW 36.70A.106. As of receipt of this email, the City of Yakima has met the Growth Management Act notice to state agency requirements in RCW 36,70A.106 for this submittal. For the purpose of documentation, please keep this'email as confirmation. If you have any questions, please contact Paul Johnson at 360.725.3048 or by email at pauljohnson@commer!� �.wa, �ov. Department of Commerce P.O. Bo"252)q *Iympia WA 98504-2525 (360) 725-3000 FAX (360) 664-3123 DOD. INDEX WARMA I I pa lir4 lu I-am M--4 JS Mot INIMISITall . ............ ..... . . . . . . . . . UOTMAIM Mflaffr��U .1 City Plan City wide That I mailed said notices in the manner herein set for and that all of the statements made herein are just and true. DOC. INDEX Beth Ann Brulotte Executive Assistant bvt.hb(d).ahJg_nuTn.net Department of Ecology Annie Szvetecz: SE PA Policy Lead secaunit&egy.wa.Km,v So Department of Social & Health Services Andrew Jenkins andrcw,ienkinsQ,dshs.wa.gov Jeanne Rodriguez Jeanne.rodriguez,,'4).dshs-walov Energy Facility Site Evaluation Council - EFSEC Stephen Posner SERA Officer &posnerQ,M1g,.,waoy Office of Rural and Farm Worker Housing Marty Miller MarWrl2Ca)orfh.c)rg West Valley School District Angela Watts Asst. Supt, Of Business & Operations waflz&Wwvsd208.orP- Jim Robinson Field Facilitator Growth Management Services Jim WRLnson@cngccorn Departnient of Fish and Wildlife Department of Natural Resources Eric Bartrand Linda Hazlett Assistant Land Manager Dept of Archaeology & Historic Preservation Preservation Officer aM9-Jr—ifflrlth@dah ,.va.g ov Engineering Division Doug Mayo City Engineer Dana Kallevig • 9MMU Branch Karen Urelius Project Manager Karen:M,HtqliqS��� WSDOT Yakama, Bureau of Indian Affairs for Trust Services Steve-wankemanntd),bia,gov John Marvin imary nC&yakama,cLm Yakima County Health District yhd@c2.yakitna,wa.us Yakima Greenway Foundati A] Brown Executive Directo !��im�aeeowa.org 'I Yakima Regional Clean Air Agency Yakima Valley Conference of Governments Has T Engineering & Planning Shawn Conrad Planner Supervisor conrads@vvcoe .or - hasan@yEL4a.g�r Dept of Archaeology & Historic Preservation UNA*01-hMmNs UrInn RTUC Archaeologist GretLhen.KaehlgK@AgfiR.wa,&0v Nob Hill Water Association Wastewater Division Century Link I 8 South 2nd Ave, Rm#304 10 North 9th Street Yakima, Charter Communications WA 98901 1005 North 16th Ave Yakima, WA 98902 Yakima, WA 98902 David Spurlock Kelly McLain Gwen Clear City of Union Gap Department of Agriculture Department of Ecology P.O. Box 3008 P.O. Box 42560 15 West Yakima Ave, Ste# 200 Union Gap, WA 98903 Olympia, WA 98504 Yakima, WA 98902 Mark Teske Environmental Protection Agency Federal Aviation Administration Department of Fish & Wildlife 1200 6th Ave. MS 623 2.200 W. Washington Ave 201 North Pearl Seattle, WA 98101 Yakima, WA 98903 Ellensburg, WA 98926 Cayla Morgan Federal Aviation Administration Governor's Office of Indian Affairs Mike Paulson Airports District Office PO Box 40909 Pacific Power 1601 Lind Ave SW Olympia, WA 98504 500 North Keys Rd Renton, WA 98055-4056 Yakima, WA 98901 Ray Wondercheck Paul Edmondson Jeff McKee Soil Conservation District Trolleys United States Postal Service 1606 Perry Street, Ste. F 313 No 3rd Street 205 W Washington Ave Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98903 WA State Attorney General's Office Christine Collins WA State Dept of Health, Office of Robert Hodgman 1433 Lakeside Court, Ste# 102 Drinking Water WSDOT, Aviation Division Yakima, WA 98902 16201 E Indiana Ave, Ste# 1500 819 79th Avenue, Ste B Spokane Valley, WA 99216 Turnwater, WA 98504-7335 Johnson Meninick Ruth Jim Elaine Beraza Yakama Indian Nation Yakama Indian Nation Yakima School District P.O. Box 151 P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Toppenish, WA 98948 Yakima, WA 98902 Robert Smoot Scott Robertson Yakima-Tieton Irrigation District Yakima Valley Canal Co Yakima Waste Systems 470 Camp 4 Rd 1640 Garretson Lane 2812 Terrace Heights Dr Yakima, WA 98908 Yakima,':. A 98908 Yakima, WA 98901 M lllz Type of Notice: Aws scM i \j o-1 'H6 rig rRILUMIM 1 Date of Mailing: DR 1)'P, f f DOC. INDEX E-mail Address Dana Kallevig Engineering Engineering ■ Dan Riddle Engineering ............... -iddleL di (i0cj,yakima.wa.us Archie Matthews ai nattliewCaci.yakfina.wa.us bdorenbuaei.vakinia.wa.us Jerry RobertsonA a Code dministrtion @q -n a.wq.us jiLqbertsqi.ykii Royale Schneider Code i II�II • rschneid Paxi.vakiina.wa.us Glenn Denman Code Administration Nathan Thompson ............... Code Administration nthornj)so&i.yqkima.wa.u.-, Water/Irrigation Mike Shane Water/Irrigation Carol�� Belles eb Iles Li—i;,,6.yakiLnq.wa.us Scott Schafer Wastewater Transit Division kfutrell@zci.yakimq.wa.uS illlllll `III Steve Osgothorpe ,I ............... Community Development Ali For the Record/File Type of Notice: Aws scM i \j o-1 'H6 rig rRILUMIM 1 Date of Mailing: DR 1)'P, f f DOC. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Monday, April 08, 2013 2:58 PM To: Belles, Carolyn; Brown, David; Cutter, Jeff; Denman, Glenn; Dorenbush, Brandon; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Matthews, Archie; Mayo, Doug; Osguthorpe, Steve; Riddle, Dan; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Thompson, Nathan; Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Unit; Department of Fish and Wildlife - Eric Bartrand; Department of Natural Resources - Linda Hazlett; Department of Social & Health Services - Andrew Jenkins; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic Preservation - Gretchen Kaehler; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; US Army Corps of Engineers - Karen M. Urelius; Schafer, Scott; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Bud Robbins; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama Nation Environmental Mgmt Program - Kristina Proszek; Yakama-Klickitat Fisheries - John Marvin; Remmel, Lee; Yakima County Commissioners; Yakima County Health District; Yakima County Planning Director - Steven Erickson; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - AI Brown; Yakima Health District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule Cc: Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; El Sol de Yakima - Joseph Trevino; KAPP TV News; KBBO -KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV - Jim Niedelman; KIMA TV News; KIT /KATS /DMVW /KFFM - Lance Tormey; KNDO TV - Julie Stern; KNDO TV News; KUNS -TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Tu Decides - Albert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy, Allyn, Kaarre; Beehler, Randy; Benson, Bruce; Bill & Linda Beerman; Chris Bristol; Chris Linschooten; City of Union Gap; Claar Tee, Sonya; CWHBA Joe Walsh (E- mail); Danielle Surkatty; Davenport, Joan; Davido, Sean; Dianna Woods; Dirk Bernd - Cobalt Mortgage; Doug Carey; Evodio Reyes; Gary Forrest; Jamie Carmody; Jefferson Spencer (Jefferson .Spencer @co,yakima.wa.us); Crockett, Ken; Mike & Cindy Noble; Mike Shinn; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson ( ron @traditionaldesignsinc.com); Sandy Lloyd; Schneider, David; Steve S; Steven Nielsen; Terrence Danysh; Terry Keenhan; Thomas Carroll; Vic & Wilma Koski; Walt Ranta; Willson, Shelley; Wilson, Chris; Alfred A. Rose (silvrfx40 @bmi.net); Benjamin W. Shoval (ben.shoval@shoval.com); Dave Fonfara; Eneey, Rick; Kunkler, Mark; Paul Stelzer; Ron Anderson ( rondedicatedrealty @hotmail.com); Scott Clark (scott.clark @charter. net); William Cook (cook.w@charter.net) Subject: NOTICE OF APPLICATION, SEPA, AND PUBLIC HEARING - City Planning Division- Zoning Amdts- SEPA #008 -13, TXT #001 -13 Attachments: NTC OF APP, SEPA, YPC HEARING - Zoning Amdmts - SEPA008 -13 TXT001- 13.pdf Rosalinda Ibarra Community Development Administrative Assistant rosalinda .ibarra(&,,yakimawa.aov City of Yakima I Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575 -6183 * f: (509) 575 -6105 DOC. INDEX # �1 This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you is to make changes Date: 04105113 Account 0h 110358 Company Name: CITY OF VAKIMAtYAKIMA PLANNING Contact: ROSALINDA MARRA Address: DEPT OF COMMIECON DEVELOPEMENT Stop: 129 N 2ND STREET Total Cost- YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 account Rep- Simon Sizer Phone # (509) 577-7740 Email: ssizer@yakimaheraid.com Ad ID: 307949 Start: 04107113 Stop: 04107113 Total Cost- 5176.25 Agate Lines: 174 # of Inserts: I Ad Class: 6021 Dates: .no Herald-Republic 04107] WC. INDEX NOTICE OF APPLICATION, PUBLIC HEARING AND PRELIMINARY DETERMINATION OF NON - SIGNIFICANCE DATE: April 7, 2013: TO: Yakima Herald Republic: SUBJECT: Notice of Application, Public Hearing and Determination of Non - Significance NOTICE OF APPLICATION: Project Location: Citywide Proj- ect Applicant: City of Yakima, Planning Division File Numbers: SEPA #008 -13 Date of Application: April 5, 2013: Date of Determination of Completeness: April 5, 2013: PROJECT DESCRIPTION: The City of Yakima Department of Community Development proposes text amendments to its Urban Area Zoning Ordinance Title 15, adopting a new Section adopt- ing design and /or landscape standards for retaining walls exceeding 6 feet in height. (See Environmental Checklist SEPA #008 -13, and proposed text amend- ment TXT #001 -13 online at: http: / /www.yakimawa. gov /postcard/ for further description and explanation.) ENVIRONMENTAL REVIEW: The City of Yakima has reviewed the proposed project for probable adverse environmental impacts, and has determined that it does not have a probable significant adverse impact on the environment. An environmental impact state- ment (EIS) is not required under RCW 43.21C.030 (2) (c). The information relied upon in reaching this deter- mination is available to the public upon request at the City of Yakima Planning Division. This DNS is issued under WAC 197 -11- 340(2); the lead agency will not act on this proposal prior to April 29, 2013. REQUEST FOR WRITTEN COMMENTS: Agencies, tribes, and the public are encouraged to review and comment on the proposed application. All written com- ments received by April 29, 2013, will be considered prior to issuance of the final threshold determination. Please send written comments to: Steve Osguthorpe, Community Development Director; City of Yakima, Department of Community Development; 129 North 2nd Street, Yakima, Washington 98901 NOTICE OF DECISION: Decisions and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Steve Osguthorpe at (509) 575 -3533 or e-mail at steve. osguthorpe @yakimawa.gov: NOTICE OF PUBLIC HARING: This application will require two public hearings; one open record hearing before the City of Yakima Planning Commission to be followed by an open record public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for May 16, 2013, beginning at2:00 pm, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. (307949) April 7, 2013 DOC. INDEX # C I� Courtesy of Yakima Herald - Republic lbarra, Rosalinda From: ssizer @yakimaheraid.com Sent: Friday, April 05, 2013 4 :29 PM To: Ibarra, Rosalinda Subject: Ad: 307949, NOTICE OF APPLICATION, PUBLIC HEARIN Attachments: I BARRA -59- 307949 -1. pdf I've scheduled this legal notice for 4/7, for a cost of $176.25. NtIIT'tC9 FAPPLICAMN,PUBLfC HEARINQAND MUMINARY DBTgMIMA'PIQN OF 11I01i_SIQNW=Nc E IAT>;: A�W ?. 2013: TO. Yakima, Herald A uy�w; MEN' Nonce of Appllca m, Public Hearin 114 I)atermination of Noh- 5lgnitirauce Nalicg 09 9 �4 ralTM Prataot_ 1»ocatlon: vAy*de N t7ettt D1 Delarminiittari ttf O,V1410n 6. rrl S. 2013: ��O. 'the city 0 Yakima Department o — nimity 17mlc nwt &4"" 11021 amendments to Its 4 Jrbao Area Zcmk% Vnilmft Title 16, adopting a new goM- n adopt, "deslpn and/or lands ape rits[ntards for retaining %.rrN exceeftoQ 6 feet In nft 4600 Faritronr UmMi 0,6cldIOt 3EPR0008.13, surd PnrPneed Text amend O"t .TXTfOfft -13 at flppA rYEflryrakim n s- rW and? for iprtaar p rllrxplenatlo[1.} H ��t)�: Ths Glfy at Ypklma 11rta rrroratimd 116 014PO[,eri yogW ror ,probable edlvara9 . e: 4811nrentet Ing+flcAA. and has determined that it da" not have a glsrbaple IBcant adverse tmpaCt' an the 0nvfnsrrpoemL /� nrngntal impact swo moot 4Ff lit la rtdt rgq if4dutider ROW 4311C.030 (2) �/ • Tf� �f�n relkgd upar� In rsathing 9#110 g6deM e1,atYlema11an E publlGuponn sIaMw Crty 11t Yakima Wan tNvleton. 'rots �? under WAC 187 -11- 34042): the OSelt giendy VA OM M W are on the me rtrs nK0rM gt' 12g, 2013, rrlll be coneldoM pp r to l"110nft Of ft fklal thleehatd delarminatim P�ag►tetsandwrl@eniaom ta: $t6nreoagulborpg anmtmhy bevelopmeni uwftloc City Of Yakima, ap i,M10"t of communit.. ofteltka,lerlt: 121111 Nord r.3 $W'M, Yatumk, *a A- 13x 11 ��ICE 43F lii9=10R, f?anr+rl4n. n*af luhrr9 mDUM will ba eegl tc. Mt.annWho b.rb a.1, .ornmemm t n this apPllcatitM or rewluesi addlBenal rwf,.r. TbE files cxrteining tfr9 late appllcabon is eva+labte for PIMIC rOVIVIN the Ify 01 Yakima Ptannlry ntvblatr, Anti 1 Mob, ILL %orth 2nd St►1EI•tt. Yaxirna, VVB,t gtgn It MM #lave arty yusytl A on :his�roo00al, pleas. call a $jSrtuthrdFe "�; " F V!..•ft�_ rlr e•+rfi4!! at 11 r!hs}+IyBAyakiroaw8.gw: WA� rre appl�ation VIeiGt 7rJFGl�ui_ft C Ftr. P� �n4bN4G C a- 07% 6n6 Open roQ%gGd lsoar..6g brr ^re in,. +.ir, of Y004 P1104P167 Comml�kjaa t3 ce Fella bi as opus '4z&* OWAX ruraffflg Ware the Yatdma Clpt Couna Tha pub w hearing before the City ttf Y-ahtrng Platinina Commtasion hee bearialtedufedtor May 18. 20 13.b� Inn?j at 2t 00 pm. In th a COUncfl CbembOre, CRY Half 120 N� 2Ad Sheet. YAklrria, WA, Arm pence de1111rin9 tpexpresa their v"son Chia mange tatrmtm b4 r3o7p491 Apej 7 2013 i ooC. INDEX # C -I G CITY OF YAKMA NOTICE DETERACNATION OF NON-SIGNWICANCE DATE: April 8, 2013 TO: SPA Reviewing Agencies FROM: Steve Osguthorpe, Community Development Director SUBJECT: Notice of Application, Public Hearing and Determination of Non-Significance #1111 it'll 11111KI)AW11 iji PROJECT DESCRIPTION The City of Yakima Department of Community Development proposes text amendments to its Urban Area Zonina, Ordinance Title I oting v e -� - , gt ii . . . . . . standards for retaining walls exceeding 6 feet in height, to read as follows: DOC. INDEX # Enclosures: SE PA Cie list DM. INDEX 6AMENDMENT SECTION 15.09.210 RETAINING I WALLS T #00 -{\ :\ dP \ƒƒ7 -}\ 1W4iI \ d z *l« f # MJ # 2 <. 4 , Central Washington Home Builders Association 'Building and Supporting Our Communities Since 19551, I� — Yakima City Hall 128 N. 2 d Street Yakima, WA 98901 AMEMERM We fully appreciate the impetus behind the drive for an aesthetic standard for retaining walls *ver 6 feet in height. Avoiding any adverse impacts to a citizens property values is an importaiv consideration in all jurisdictional decisions. But only to the point where the authority does not infringe on another's property rights. It is the position of the Central Washington Home Builders Association that the proposed language in 15.02.020 be amended as follows: MAIN OFFICE: KITTITAS CHAPTER: 3301 W. Nob Hill Blvd. - Yakima, WA 98902 1206 Dolarway Rd., Ste. 216 - Ellensburg, WA 98926 P• 50gA54.4006 - 600,492.9422 - F: 509.454.4008 P- 509.8593457 uum�w� Mike Dooley Branch Manager LEMSTON SPOKANE-MAIN OFFICE 2710 4TH AVE. NORTH 2215 E BROOKLYN AVE. (20074615-1125 (509)3254573 FAx: (208) 79940811 (SOS) 325-5098 TOLL FREE: 14WO4UM4573 YAKIMA 2309 S. 3ST14 AVJN^I% MAN~* (SOS) 248-19" FAx* (509) 248-944NDEX C(W3HCentral Washington Home Builders Associatio 60 "Building and Supporting Our Communities Since 1951 03MEHM On behalf of the over 500 businesses which make up the Central Washington Home Buildem Association we are pleased to provide comments regarding the proposed retaining wall text amendments referenced above. In short, we oppose 15.09.210. To begin with, the concept behind the proposed language appears to be without merit. The text amendment is too narrow in focus virtually eliminating other types of wall materials many of which are equal to, or superior in performance to those allowed in 15.09.210. The amendment is also more restrictive than the building codes. Where was the community involvement in the development of 15.09.210? What is the rationa - WN 0 WE "19 -w WIffil"A- a 0 There is a retaining wall product produced in our community which is aesthetically pleasing, pre- engineered, and maintenance free, but it is not allowed by 15.09.210. This ordinance would eliminate its use in the community. This product is being used on many local projects and was honored with the 2005 "Wall of the Year in Yakima. Do not hamper a thriving local business by restricting the usage of this product in Yakima. II 11111111;Ir business community that we are aware of, We are very disappointed in the way this text amendment developed. We expect more from the City of Yakima. Sinrlerely, Ot- Joe Walsh, CWHBA Government Affairs Director MAIN OFFICE: 3301 W Nob Hill Blvd. - Yakima, WA 98•02 96U . N—A KITTITAS CHAPTER: M_x1ta cL 1206 Dolarwav Rd,, W& Wrl I F1 qq?,,Z Central Washington C(WHDBO Home Builders Association "Building and Supporting Our Communities Since 1955" Yakima City Council 129 N. 2nd Street Yakima, WA. 98901 RE: UAZO Amendments - Retaining Walls Distribut t [ e Meeting july 301h, 2013 On behalf of the over 500 businesses which make up the Central Washington Home Builders Association we are pleased to provide our comments. The CWHBA is a not -for- profit 501C -6 trade association established in 1955 serving a three county region of Central Washington. We fully appreciate the impetus behind the drive for an "aesthetic" standard for retaining walls over 6 feet in height. This is ultimately the result of a colossal wall failure which occurred in 2007. The wall was then reassembled with the same materials. The neighbors, into whose yard the wall fell, remain unconvinced that the wall is safe and, oh, by the way, "It's still ugly ". Property rights are sacred. In this particular case the wall was constructed by the landowner uphill sometime after the neighbors below were moved in. The project owner built the wall as was his right to do (subject to city codes). The City had no reason or authority to prevent it. As you can imagine the neighbors were less than thrilled with this new concrete wall in their backyard, but it wasn't on their property so they had to accept it. This issue really began when the wall failed. We did not support the original aesthetic wall proposal because it was too restrictive and most likely would not have prevented the 2007 failure. We believe the primary focus of any restricting construction standard should be the structural integrity of each project. Building codes were created and adopted decades ago to establish a base for construction practices. The public's health and safety were, and remain today, the impetus behind the development of these codes. The International Building Code establishes the minimum construction standard for most structures, including retaining walls. We believe that code is adequate in not limiting the varieties of materials suited for retaining wall construction, but rather it emphasizes the engineering requirements. MAIN OFFICE: 3301 W Nob Hill Blvd. • Yakima, WA 98902 P, 509 454 4006 • 800 492.9422 • F 509 454 4008 KITTITAS CHAPTER: 1206 Dolarway Rd., Ste. 216 • Ellensburg, WA 98926 P• 509.859 3457 We urge the City to avoid limiting the material choices so long as they meet these well respected IBC standards. After working with City staff and the Planning Commission over the past several weeks, we find ourselves in agreement with the proposal before you today. The Central Washington Home Builders Association is in support of the proposed language endorsed by the Yakima Planning Commission on June 26th. That language is as follows: Urban Area Zoning Ordinance text amendment 15.09.210 Requirements for Retaining Walls: "Retaining walls may be constructed of any material commonly used for this purpose, such as block, timber, stone, or concrete. Materials not originally manufactured for, or customarily used on retaining walls are prohibited." Proper materials, conscientious installation, engineering certainty and thorough inspections are the necessary components of any successful retaining wall project. We are confident that had this been the City's policy at the time the wall was built behind the Campbell's property in 2007, they would not have been terrorized by that sudden wall failure. Sincerely, � Joe Walsh, Government Affairs Director