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HomeMy WebLinkAbout10/01/2013 12 Retaining Walls; YMC Adding Chapter 15.09.210 T4- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / , For Meeting of: 10/1/2013 ITEM TITLE: Ordinance Adopting a new Section 15.09.210 - Special Requirements for Retaining Walls. SUBMITTED BY: Steve Osguthorpe, AICP Community Development Director SUMMARY EXPLANATION: At its. September 3, 2013 meeting, the City Council further discussed the issue of using ecology blocks on retaining walls. After hearing input from staff and concerned citizens regarding inconsistency in the structural integrity of ecology blocks, the Council moved to amend its previous motion adopting regulations on retaining walls to explicitly disallow ecology blocks of any design. Staff has therefore prepared for Council action the attached ordinance that includes the following regulations: 15.09.210 — 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, except that the following materials are prohibited: 1. Materials not manufactured for or customarily used on, retaining walls. 2. Ecology blocks of any style or design. The staff believes that these changes are in line with the objectives of concerned citizens who have expressed input on this matter, the Planning Commission, and the City Council. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Staff recommends that the Council adopt the attached ordinance. ATTACHMENTS: Description Upload Date Type 11 Ordinance 9/23/2013 Cover Memo ORDINANCE NO. 2013 - AN ORDINANCE relating to retaining walls; amending Chapter 15.09 of the Yakima Municipal Code to add new section 15.09.210 providing special requirements for retaining walls. WHEREAS, the City Council has previously adopted ordinances establishing development standards and regulation of certain uses within the City of Yakima, all as codified at Chapter 15.09 YMC; and WHEREAS, the Yakima Planning Commission has conducted public hearings on May 16 and June 26, 2013 to consider proposed regulations for retaining walls, has received and considered all testimony and evidence presented at such hearings, has adopted findings of fact on July 16, 2013 supporting a recommendation for amendment of Chapter 15.09 YMC to add new YMC 15.09.210 pertaining to such uses; and WHEREAS, the City Council held and conducted a public meeting to consider the recommendation of the Planning Commission, together with the record therein on August 6, 2013, and thereafter conducted further discussion on September 3, 2013; and WHEREAS, the City Council hereby adopts the findings and conclusions of the Planning Commission as its own, and further finds and determines that Chapter 15.09 YMC should be amended to add new section 15.09.210 as set forth below; and WHEREAS, the City Council finds and determines that such amendment is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 15.09 of the Yakima Municipal Code is hereby amended to add new section 15.09.210 to read and provide as follows: 15.09.210 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, except that the following materials are prohibited: 1. Materials not manufactured for, or customarily used on, retaining walls. 2. Ecology blocks of any style or design. Section 2. Except as amended above, Chapter 15.09 YMC shall remain unchanged. 1 Section 3. 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. PASSED BY THE CITY COUNCIL, signed and approved this 1S day of October, 2013. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: 2 Distributed at the Meeting REVISED - ITEM #12 ORDINANCE NO. 2013 - AN ORDINANCE relating to retaining walls; amending Chapter 15.02 of the Yakima Municipal Code to add a new definition of "retaining wall" to section 15.02 020; amending Chapter 15 09 of the Yakima Municipal Code to add new section 15 09 210 providing special requirements for retaining walls. WHEREAS, the City Council has previously adopted ordinances establishing development standards and regulation of certain uses within the City of Yakima, all as codified at Chapter 15.09 YMC; and WHEREAS, the Yakima Planning Commission has conducted public hearings on May 16 and June 26, 2013 to consider proposed regulations for retaining walls, has received and considered all testimony and evidence presented at such hearings, has adopted findings of fact on July 16, 2013 supporting a recommendation for amendment of Chapter 15.09 YMC to add new YMC 15.09.210 pertaining to such uses; and WHEREAS, the City Council held and conducted a public meeting to consider the recommendation of the Planning Commission, together with the record therein on August 6, 2013, and thereafter conducted further discussion on September 3, 2013; and WHEREAS, the City Council hereby adopts the findings and conclusions of the Planning Commission as its own, and further finds and determines that Chapter 15.09 YMC should be amended to add new section 15.09 210 as set forth below; and WHEREAS, the City Council finds and determines that such amendment is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 15.02 of the Yakima Municipal Code is hereby amended to add new definition to section 15 02 020 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. 1 Section 2. Chapter 15.09 of the Yakima Municipal Code is hereby amended to add new section 15.09.210 to read and provide as follows. 15.09.210 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, except that the following materials are prohibited 1. Materials not manufactured for, or customarily used on, retaining walls. 2. Ecology blocks of any style or design. Section 3. Except as amended above, Chapter 15 09 YMC shall remain unchanged. Section 4. 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. PASSED BY THE CITY COUNCIL, signed and approved this 1 day of October, 2013. ATTEST. Micah Cawley, Mayor City Clerk Publication Date Effective Date 2