HomeMy WebLinkAbout09/15/2015 08 Yakima's Airport Safety Overlay Update; YMC Repealing 15.30; Adopting New 15.30'1111111 1,
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: September 15, 2015
ITEM TITLE: Public hearing to consider the City of Yakima Planning Commission's
recommendation regarding an Ordinance which updates the City of
Yakima's Airport Safety Overlay, Chapter 15.30 of the Yakima
Municipal Code
SUBMITTED BY: Robbie Aaron, Assistant Planner, (509) 576-6736
Jeff Peters, Supervising Planner, (509) 575-6163
Joan Davenport, AICP, Community Development Director
Rob Peterson, Yakima Air Terminal Manager
SUMMARY EXPLANATION:
The City of Yakima is tasked with updating its development regulations (UAZO) in order to comply with the
State's Growth Management Act. With the adoption of the Airport Master Plan on March 3, 2015, the
current section of the UAZO that addresses airport and surrounding land uses was found to be deficient in
ensuring the Yakima Air Terminal Master Plan's success and the protection of surrounding uses from airport
impacts. Due to these deficiencies, the regulations within YMC Chapter 15.30 Airport Safety Overlay (ASO)
required an extensive review and update.
On August 12, 2015, the Planning Commission concluded its work on the Airport Safety Overlay by holding
the required public hearing and adopting the written findings and conclusions in support of the new Airport
Safety Overlay. The Commission unanimously recommended to forward to the City Council a
recommendation to adopt the proposed update.
Therefore, Council is now being asked to hold an open record public hearing to consider the Yakima
Planning Commission's recommendation to amend Chapter 15.30 of the Yakima Municipal Code.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
The City of Yakima Planning Commission and Planning Division recommend that the City Council hold the
required public hearing and adopt the accompanying Ordinance, which provides for approval and adoption
of the proposed update to the Airport Safety Overlay.
ATTACHMENTS:
Description Upload Date Type
D Arport Salley Okertay Ordinance 9/2./2015 Ordinance
D Attachment "A" 9/2./2015 Exhibit
D YIPC reccomendatlions 9/3/2015 Omer Memo
AN ORDINANCE
ORDINANCE NO. 2015 -
relating to the regulation of land use and shoreline development in
the City of Yakima; repealing current Chapter 15.30 of the Yakima
Municipal Code, and adopting new Chapter 15.30 of the Yakima
Municipal Code, which new chapter restates, supersedes and
replaces the former chapter, to ensure the Yakima Air Terminal
Master Plan's success and to protect surrounding uses from
airport impacts.
WHEREAS, the City of Yakima adopted Ordinance 2001-04 on January 16, 2001,
establishing the City of Yakima's Airport Safety Overlay as Chapter 15.30 of the City of Yakima
Urban Area Zoning Ordinance; and
WHEREAS, the City of Yakima adopted Ordinance 2008-46 on September 2, 2008,
ammending the City of Yakima's Airport Safety Overlay as Chapter 15.30 of the City of Yakima
Urban Area Zoning Ordinance; and
WHEREAS, Proposals to amend the City of Yakima's Urban Area Zoning Ordinance
(YUAZO) follow the City's established process in YMC § 15.23.020(B) and YMC Title 16; and
WHEREAS, The City of Yakima adopted Ordinance 2015-010 adopting the updated
Yakima Air Terminal/McAllister Field Airport Master Plan on March 3, 2015; and
WHEREAS, Following adoption of the updated Yakima Air Terminal/McAllister Field Airport
Master Plan, the City of Yakima found it necessary to revise its development regulations for the
Airport Safety Overlay Yakima Municipal Code (YMC) 15.30 in accordance with RCW
36.70A.130(1) to make them consistent with the newly adopted master plan; and
WHEREAS, The Yakima Planning Commission held study sessions to review the proposed
Airport Safety Overlay Ordinance on November 19, 2014, December 10, 2014, January 28,
2015, March 18, 2015, and May 27, 2015; and
WHEREAS, Pursuant to RCW 36.70.547 and 36.70A.510 the City of Yakima is to formally
consult with airport owners, managers, private airport operators, general aviation pilots, ports,
and the Aviation Division of the Washington State Department of Transportation to address
incompatible land uses prior to updating or amendment of comprehensive plans or development
regulations that may affect properties adjacent to a publicly or privately owned public -use
airport; and
WHEREAS, The Yakima Planning Commission held its required Formal Consultation at the
Yakima Air Terminal at McAllister Field on August 10, 2015, providing opportunity for airport
owners, managers, private airport operators, general aviation pilots, ports, and the Aviation
Division of the Washington State Department of Transportation to address incompatible land
uses; and
WHEREAS, The Yakima Planning Commission held its required open record public hearing
on July 8, 2015, and continued the public hearing thru August 12, 2015, providing opportunity
for the public to comment on the draft amendment; and
1
WHEREAS, after hearing from the public the Yakima Planning Commission did deliberate
on the amendment and make minor changes to the amendment/ordinance to address the
public's concerns; and
WHEREAS, The Yakima Planning Commission concluded its consideration of this
amendment on August 12, 2015, recommending approval of the modified ordinance by a vote of
7 to 0, and forwarded their recommendation to the Yakima City Council for consideration; and
WHEREAS, the City Council of the City of Yakima, hereby finds and determines that it is in
the best interests of residents of the City of Yakima to amend the City's Airport Safety Overlay
(YMC Chapter 15.30), which promote the general health, safety and welfare of the Citizens of
Yakima; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. On the effective date set forth in Section 6 below, current YMC Chapter
15.30 entitled "Airport Safety Overlay (ASO)" is hereby repealed.
Section 2. New YMC Chapter 15.30 entitled "Airport Safety Overlay (ASO)", as set
forth in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby adopted
and approved, which new chapter restates, supercedes and replaces the chapter described in
Section 1 above, and which new chapter shall be effective as and from the effective date set
forth in Section 6 below.
Section 3. Validity. If any section, subsection, paragraph, sentence, clause or phrase
of this oridinance is declared invalid or unconstitutional for any reason, such decision shall not
effect the validity of the remaining portions of this oridinance.
Section 4. Ratification. Any act consistent with the authority provided herein that was
taken prior to the effect date of this oridinance is hereby ratified and affirmed.
Section 5. Authorization to File. The City Clerk is hereby authorized and directed to file
a certified copy of this oridinance with the Yakima County Auditor.
Section 6. Effective Date. This oridinance 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 15th day of
September, 2015.
ATTEST:
City Clerk
Publication Date:
Micah Cawley, Mayor
2
Effective Date:
3
EXHIBIT "A"
Chapter 15.30
AIRPORT SAFETY OVERLAY
Sections:
15.30.010 Purpose
15.30.020 Applicability
15.30.030 Definitions
15.30.040 Airport Safety Overlay Zones
15.30.050 Height Limitation
15.30.060 Land Use Overlays
15.30.070 Application Requirements
15.30.080 Nonconforming Uses
15.30.010 PURPOSE.
The Airport Safety Overlay is intended to protect the airspace around the Yakima Air Terminal at
McAllister Field and any other state and federal system airports from airspace obstructions or
hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or
other public airport with defined airspace per Federal Aviation Regulations (FAR) Part 77.
Property within the Airport Safety Overlay may be exposed to aircraft noise, vibration, fumes,
dust and fuel particulates, as may be inherent in the operation of aircraft, now known or
hereafter used for aircraft navigation and flight while using said air space for landing at, taking
off from, or operating within the airport area.
15.30.020 APPLICABILITY.
The provisions of this chapter shall apply to all lands, buildings, structures, natural features or
uses located within those areas that are defined by the Airport Overlay District and designated
on the Yakima Air Terminal at McAllister Field Part 77 Surfaces map which identifies areas of
height limitations and the Airport Safety Overlay Zones map shown below as Figure 30-1 (This
figure is for illustration purposes only. An accurate depiction of the Airport Safety Overlay Zones
map can be found on the City's GIS website, which is maintained by the City's Information
Systems Department).
Airport Safety
Overlay Zone
Figure 30-1: Airport Safety Overlay Zone Map
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15.30.030 DEFINITIONS.
The following terms are established for the purpose of protecting the airspace of the Yakima Air
Terminal at McAllister Field or any other state and federal system airport.
AIRPORT: The Yakima Air Terminal at McAllister Field operated by the City of Yakima including
all property designated in the Yakima Air Terminal at McAllister Field Master Plan as part of the
airport.
AIRPORT ELEVATION: The highest point of an airport's useable landing area measured in feet
from sea level. The Yakima Air Terminal at McAllister Field is one thousand forty nine feet
(1049') above mean sea level.
AIRPORT INFLUENCE AREA: Includes airport property and all land within the Airport Safety
Overlay Zones 1 through 6 as described in YMC § 15.30.040 and depicted in the Airport Safety
Zones map adopted in the Yakima Air Terminal at McAllister Filed Master Plan.
AIRPORT USE: Any facility or activity directly associated with the air transportation of persons or
cargo or the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses
specifically include runways, taxiways, and their associated protected areas defined by the
Federal Aviation Administration, together with aircraft aprons, hangars, fixed base operations,
terminal buildings, etc. Other uses also include Airport commercial, Airport industrial, and
Airport operations, as defined in YMC § 15.02.020.
APPROACH SURFACE: An imaginary surface longitudinally centered on the extended runway
centerline, extending outward and upward from the end of the primary surface and at the same
slope as the approach zone height limitation slope set forth in YMC § 15.30.050. The perimeter
of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACE: An imaginary surface extending outward and upward from the periphery of
the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four
thousand feet (4,000').
DEED NOTICE: A formal statement, provided in YMC § 15.30.070(D), as a note on the face of a
short plat, major subdivision or binding site plan or recorded against the property notifying
potential property owners that the property is located adjacent to an active airport and said
property may be impacted by aircraft noise, odors, vibration, and low flying aircraft.
FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: A form which the
Federal Aviation Administration (FAA) requires to be completed by anyone who is proposing to
construct or alter an object that could affect airspace within the airport influence area and
allows the FAA to conduct an airspace analysis to determine whether the object will adversely
affect airspace or navigational aids.
FAR PART 77 SURFACES: The Part of 49 CFR of the Federal Aviation Regulation that deals with
objects affecting navigable airspace.
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FAR PART 77 ZONES: Imaginary airspace surfaces established with relation to each runway of an
airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4)
horizontal; and (5) conical.
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
HEIGHT: For the purpose of determining the height limits in all zones and as shown on the
Yakima Air Terminal at McAllister Field Future Part 77 Zones map, this datum shall be height
above mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established
airport elevation, the perimeter of which plane coincides with the inner perimeter of the conical
surface. This is eleven hundred ninety nine feet (1199') above mean sea level for the Yakima Air
Terminal at McAllister Field
INFILL: The practice of developing or redeveloping vacant or underutilized land in the midst of a
community, especially land that is surrounded by existing uses similar to the ones proposed.
This may mean further subdivisions of existing parcels to accommodate additional growth,
redevelopment of under-utilized property to increase its density or intensity, or simply creation
of new development on vacant land.
NONCONFORMING USE: Any use, situation, lot, building or structure that legally existed prior to
the adoption of a development regulation that would otherwise prohibit its use.
OBSTRUCTION: Any object of natural growth, terrain, of permanent or temporary construction
or alteration, including equipment or materials used therein which exceeds a limiting height set
forth in YMC § 15.30.050.
OBJECT OF NATURAL GROWTH: Means a tree, shrub or similar organic or vegetative matter.
PRECISION APPROACH: A landing approach made without visual reference to the ground by the
use of aircraft instruments and ground-based electronic or communications systems or devices.
An aircraft making such an approach should be flying in accordance with an IFR (Instrument
Flight Rules) flight plan.
PRIMARY SURFACE: A surface longitudinally centered on a runway with a width of one thousand
feet (1,000') for instrument approaches and five -hundred feet (500') for visual approaches.
When the runway has a specially prepared hard surface, the primary surface extends two
hundred feet beyond each end of the runway. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline. The elevation of the
Primary Surface at the Yakima Air Terminal at McAllister Field is one thousand forty nine feet
(1049') above mean sea level.
RUNWAY: A defined area on an airport prepared for landing and take -off of aircraft along its
length.
TRANSITIONAL SURFACES: These imaginary surfaces extend outward at ninety -degree angles to
the runway centerline, and runway centerline extended, at a slope of seven feet (7') horizontally
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for each foot vertically (7:1) from the sides of the primary and approach surfaces to where they
intersect with the horizontal and conical surfaces.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach
procedures, with no straight -in instrument approach procedure and no instrument designation
indicated on an FAA -approved airport layout plan.
15.30.040 AIRPORT SAFETY OVERLAY ZONES
Zone 1— Runway Protection Zone — This zone encompasses the runway protection zone (RPZ) at
each end of the runway and should use the RPZ dimensions established in accordance with FAA
standards (RPZ dimensions depend mostly on the visibility minimums for the approach to that
runway end). Also included in the zone are the strips of land immediately adjacent to the
runway where FAA standards preclude structures. Zone 1 is where the greatest concentration of
accidents take place.
Zone 2 — Inner Approach/Departure Zone — This zone wraps around and extends beyond Zone 1
along the runway centerline. Next to the RPZ, it represents the area where the risk of aircraft
accidents is the greatest. On departure, aircraft are typically at full power in the initial phase of
climb. On approach, they are at low altitude as they prepare for landing.
Zone 3 — Inner Turning Zone — This zone is a wedge-shaped area lying along the sides of Zone 2.
It is primarily significant at general aviation airports where most of the flights are visual. At
airports where most aircraft approach and depart on instrument flight plans, then the close -in
turns which are the concern with Zone 3 can be a narrow wedge. When operating visually,
departing aircraft may begin turning over this area to fly toward their destination or to remain in
the traffic pattern. Arriving aircraft often overfly this area as well, especially if they are flying a
tight pattern. One type of accident known to occur in this area is a low -altitude stall -spin that
can happen if a pilot attempts to make too tight of a turn.
Zone 4 — Outer Approach/Departure Zone — This area lies beyond Zone 3 along the extended
runway centerline. Aircraft flying straight out or in overfly this area at low -altitude. The zone is
particularly significant on runways where much of the operations are on instrument procedures
and at busy airports where elongated traffic patterns are common. The risks in this area are
moderate, but less than in Zones 1 through 3.
Zone 5 — Sideline Zone — Lying in narrow bands along each side of the runway, aircraft do not
normally fly over the sideline zone. The principal risk is from aircraft that lose directional control
while landing or just after takeoff. The risks are lower than in Zones 1 through 3 and similar to
those of Zone 4.
Zone 6 — Traffic Pattern Zone — The final zone contains the remainder of the airport
environment where aircraft fly as they approach and depart the airport or are engaged in flight
training. In area, Zone 6 is typically larger than the other zones combined. A substantial
percentage of accidents take place here, but they are scattered over the large area
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15.30.050 HEIGHT LIMITATION.
The height limitation zones are hereby established, consistent with the FAR Part 77 Surfaces —
Objects Affecting Navigable Airspace, and are described below. All height limitations shall
adhere to the FAA approved airport layout plan.
Height Limitation 1 (Zone 1, 2, 3, 4, and 5) — No building within this zone shall exceed thirty-five
feet above the ground.
Height Limitation 2 (Zone 6) — No building within this zone shall exceed thirty-five feet above the
ground. Any building proposed to exceed this height must undergo further review by the Airport
Manager and the FAA.
The administrative official may require lights or markers as a warning to aircraft on any building,
structure, communication tower, use, or tree(s) or to top the tree to reduce its height when
recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers
shall meet FAA specifications.
Whenever the height limitations of this section differ from those of any other section of this
chapter, or that adopted by another local ordinance or regulation, the more restrictive
limitation shall apply.
15.30.060 LAND USE OVERLAYS.
Zones described below are shown in the Airport Safety Overlay Zone (ASOZ) map with the types
of land use review listed below in order to promote general safety and welfare of properties
surrounding the airport and the continued viability of the airport.
Land Use Overlay 1 (Zone 1— Runway Protection Zone (RPZ)):
Only airport uses and activities are allowed within the Runway Protection Zone.
Land Use Overlay 2 (Zone 2, 3, 4, and 4A — Inner Safety Zone, Inner Turning Zone, and Outer
Safety Zone):
Class (1) Uses — Any Class (1) use listed in YMC § 15.04.030 Table 4-1 — Permitted Land Uses,
unless otherwise mentioned in this section.
Class (2) Uses — Agricultural building; Agricultural related business; Animal husbandry;
Correction facilities; Golf Courses; Campground; Gymnasiums, exercise facilities; Motels and
Hotels; Canning, preserving, and packaging fruits, vegetables, and other foods; Cement and
concrete plants; Concrete gypsum and plaster products; Power generating facilities; Utility
services; Residential Infill (within 4A); Mixed -Use Residential (within 4A); Cluster Development
(within 4A)
Class (3) Uses — Agricultural market; Junior or Community College; Business school; Vocational
school; Bed and breakfast inn; Communication towers; Residential Infill; Mixed -Use Residential;
Cluster Development
Prohibited Uses — Schools (K-12), community centers, nursing home and group homes, day care
facilities, hospital, new churches, shopping centers and other uses with similar concentrations of
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persons, rendering plants and slaughter houses. Other prohibited uses shall be; Horse racing
tracks, speedways; The production of asphalt paving and roofing materials; rock crushing; fuel
storage facilities; storage or use of significant amounts of materials which are explosive,
flammable, toxic, corrosive or otherwise exhibit hazardous characteristics; hazardous wildlife
attractants including waste disposal operations, water management and storm water facilities
with above -ground water storage, and man-made wetlands.
Zone 4A shall exist as depicted on Figure 30-2 until such time that the Airport's main runway
(9/27) is extended as described in the Airport Master Plan. Any Class (2) development which
occurs within Zone 4A prior to the extension of the runway shall be required, as a precedent
condition of approval, to record a deed declaration with the Yakima County Auditor which
specifically recognizes the preexistence of the airport and the right of aircraft over flight, as well
as acknowledging and accepting all responsibility for exposure to noise, vibration, fumes, dust
and fuel particulates, as may be inherent in the operation of aircraft. In addition to these
conditions, all Class (2) development within zone 4A shall be subject to a recorded deed
restriction providing the City with an absolute indemnification with regard to any adverse
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impacts resulting froFtligc -igIa cbt etio4ti Worniefiuts of aircraft over flight.
Land Use Overlay 3 (Zone 5 — Sideline Safety Zone):
Uses within the Sideline Safety Zone (Zone 5) may be permitted by the Administrative Official if
the use is determined to be compatible with the zoning district and Appendix F of the Airports
and Compatible Land Use Guidebook of the Washington State Department of Transportation
Aviation Division.
Uses labeled as "Permitted" in Zone 5 within Appendix F of the Airports and Compatible Land
Use Guidebook shall be considered a Class (1) Use and undergo and Type (1) Review unless a
higher level of review is required per YMC § 15.04.030 Table 4-1 Permitted Land Uses. Uses
labeled as "Limited" or "Limited Special Conditions" in Zone 5 within Appendix F of the Airports
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and Compatible Land Use Guidebook shall be considered a Class (2) Use and undergo and Type
(2) Review unless a higher level of review is required per YMC § 15.04.030 Table 4-1 Permitted
Land Uses. All uses listed as "Prohibited" in Zone 5 within Appendix F of the Airports and
Compatible Land Use Guidebook shall not be allowed.
Land Use Overlay 4 (Zone 6 — Traffic Pattern Zone):
Class (1) Uses — Any Class (1) use listed in YMC § 15.04.030 Table 4-1 — Permitted Land Uses,
unless otherwise mentioned in this section.
Class (2) Uses — Retirement home; Churches, synagogues, temples; Convalescent, nursing home
and group homes; Day care facilities and centers; Correction facilities; Communication towers;
Chemicals (industrial, agricultural, wood, etc.); Rendering plants and Slaughter houses; Power
generating facilities.
Class (3) Uses — Amusement Park;
Prohibited Uses — Schools (K-12), hospitals and other uses with similar concentrations of
persons. Replacement or expansion of existing schools shall be allowed.
Any use not specified in the above sections must undergo review and receive approval from the
Airport Manager.
15.30.070 APPLICATION REQUIREMENTS.
A. Applications for uses within the Airport Safety Overlay established by this chapter shall
include the following information:
1. Property boundary lines as they relate to the boundaries of the Land Use Overlay
2. Location, elevation, and height of all existing and proposed buildings, structures,
utility lines, and trees taller than thirty-five feet in height;
3. A description of the proposed use; and
4. A statement of compatibility from the airport manager when the use is to be
located within the Airport Safety Overlay relative to the impact of the use on airport
operations and safety.
B. In consideration of an application for a building, structure, or other use which will
exceed thirty-five feet in height, the administrative official may require the applicant to submit
either of the following:
1. A certificate from a registered professional engineer or a licensed land surveyor,
which clearly states that no airspace obstruction will result from the proposed use, or
2. Either or both of the following:
a. The maximum elevations of proposed structures based on the established airport
elevation and USGS datum. Elevations shall be determined by a registered professional
engineer or a licensed land surveyor, accurate to plus or minus one foot, shown as mean
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sea level elevation or other available survey data. The accuracy of all elevations shall be
certified by the engineer or surveyor.
b. A map of topographic contours with not more than five-foot intervals, showing all
land within one hundred feet of the proposed structure(s) for which the permit is being
sought. This map shall also bear the verification of a licensed land surveyor or registered
professional engineer.
C. Decisions by the administrative official may be appealed in accordance with YMC
Chapter 15.16.
D. An aviation easement and deed declaration, which recognizes the preexistence of the
airport and the right of over flight, shall be recorded for all uses within the approach and
transitional surfaces of the conical surface area.
15.30.080 NONCONFORMING USES
Existing uses that do not meet these standards at the time of adoption of this Overlay may
remain and will be considered nonconforming uses. Expansion of these uses is permitted
through YMC Ch. 15.19. For a use that is non -conforming due to height, the height may not be
increased unless approved by the Airport Manager.
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COMMUNITY DEVELOP M .ENT .DEPARTMENT
Planning Division
Phone ( \or eI ro d 1 r "� d Pion Yakima,u�"�km° � � 98.90/
) Fax 9) 575-6105
..6105.
ask. /a ag*yakimaii a, om' ht'fp://www.yuk mpo.gov/serviees4dann
YAKIMA PLANNING COMMISSION
RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL
FOR THE
YMC TITLE 15.30 AIRPORT SAFETY OVERLAY UPDATE
August 12, 2015
WHEREAS
The City of Yakima adopted Ordinance 2015-007 Yakima Urban Area Zoning Ordinance
in February 2015; and
WHEREAS
The City of Yakima adopted Ordinance 2001-04 on January 16, 2001, establishing the
City of Yakima's Airport Safety Overlay as Chapter 15.30 of the City of Yakima Urban
Area Zoning Ordinance; and
WHEREAS
Proposals to amend the City of Yakima's Urban Area Zoning Ordinance (YUAZO) follow
the City's established process in YMC § 15.23.020(B) and YMC Title 16.
WHEREAS
Pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review
and revise its development regulations in accordance with the Growth Management Act;
and
WHEREAS
The City of Yakima adopted Ordinance 2015-010 adopting the updated Yakima Air
Terminal/McAllister Field Airport Master Plan on March 3, 2015 ; and
WHEREAS
Following adoption of the updated Yakima Air Terminal/McAllister Field Airport Master
Plan, the City of Yakima found it necessary to revise its development regulations for the
Airport Safety Overlay Yakima Municipal Code (YMC) 15.30 in accordance with RCW
36.70A.130(1) to make them consistent with the newly adopted master plan; and
WHEREAS
Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for
the review of amendments to the Yakima Urban Area Zoning Ordinance and for
recommending the approval, modification or denial of each amendment; and
UO (SO9) 575..6! tanning (509 `75-6I3:% w Office of Neighborhood
yam (509) 575...6
WHEREAS
The Yakima Planning Commission held study sessions to review the proposed Airport
Safety Overlay Ordinance on November 19, 2014, December 10, 2014, January 28,
2015, March 18, 2015, and May 27, 2015; and
WHEREAS
All required public notice of this amendment was provided in accordance with the
provisions of YMC 15.11.090, and YMC 16.05.010 — 050; and
WHEREAS
A DNS was issued for this proposal on June 25, 2015, and the 14 -day appeal period
ended on July 9, 2015; and
WHEREAS
The recommendation for this Airport Safety Overlay Ordinance amendment is based
upon the criteria specified in YMC 16.10.040; and
WHEREAS
Pursuant to RCW 36.70.547 and 36.70A.510 the City of Yakima is to formally consult
with airport owners, managers, private airport operators, general aviation pilots, ports,
and the Aviation Division of the Washington State Department of Transportation to
address incompatible land uses prior to updating or amendment of comprehensive
plans or development regulations that may affect properties adjacent to a publicly or
privately owned public -use airport; and
WHEREAS
The Yakima Planning Commission held its required Formal Consultation at the Yakima
Air Terminal at McAllister Field on August 10, 2015, providing opportunity for airport
owners, managers, private airport operators, general aviation pilots, ports, and the
Aviation Division of the Washington State Department of Transportation to address
incompatible land uses; and
WHEREAS
The Yakima Planning Commission held its required open record public hearing on July
8, 2015, and continued the public hearing thru August 12, 2015, providing opportunity
for the public to comment on the draft amendment; and
WHEREAS
After hearing from the public the Yakima Planning Commission did deliberate on the
amendment and make minor changes to the amendment/ordinance to address the
public's concerns; and
2015 Yakima Planning Commission
Airport Safety Overlay Ordinance Amendment
Findings and Recommendations
2
WHEREAS
The Yakima Planning Commission concluded its consideration of this amendment on
August 12, 2015, recommending approval of the modified ordinance by a vote of 7 to 0.
Now therefore, the Yakima City Planning Commission presents the following
findings and recommendations to the Yakima City Council:
Based upon a review of the information contained in the application, staff report,
exhibits, testimony and other evidence presented at an open record public hearing held
on July 8, 2015 — August 12, 2015; and a review of the Yakima Urban Area Zoning
Ordinance; the Planning Commission makes the following:
FINDINGS
The amendment proposes to revise the City's current Airport Safety Overlay YMC Ch.
15.30 utilizing the best available science of the Washington State Department of
Transportation Airports and Compatible Land Use Guidebook to better protect the
airspace around the Yakima Air Terminal at McAllister Field from airspace obstructions
or hazards and incompatible land uses, while aligning the City's development
regulations with its adopted Airport Master Plan.
The requested change is consistent with the Yakima Urban Area Comprehensive Plan
by meeting many of the goals, objectives and policies of the Plan set forth in the
General Development, Public Services, Land Use, Transportation, and Utilities
Elements of the Comprehensive Plan.
This request does not present any adverse consequences for adjacent jurisdictions or
service providers. There are no regionally significant issues known related to the
request which have not been addressed; consequently, this request will not significantly
contribute to the cumulative impacts of other Comprehensive Plan amendments, and/or
zoning amendments.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will be beneficial to the community, by providing more clear
and efficient regulations that may be better implemented by staff and better understood
by citizens, property owners, and business owners.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
a) No adverse impacts have been identified by the approval of the amendment
request.
b) The requested text amendment to the City of Yakima's Urban Area Zoning
Ordinance is supported by the City of Yakima's Urban Area Comprehensive
Plan 2025, and Airport Master Plan.
c) The amendment to the Yakima Municipal Code, Title 15 Urban Area Zoning
Ordinance, which includes, the total replacement of YMC Ch. 15.30, and the
establishment of Airport Safety Overlay Map Figure 30-1.
2015 Yakima Planning Commission 3
Airport Safety Overlay Ordinance Amendment
Findings and Recommendations
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the text
amendments to the Airport Safety Overlay Ordinance in the Yakima Municipal Code
(YMC) Title 15, Urban Area Zoning Ordinance. The motion carried by unanimous vote.
Having made the above Findings of Fact and Conclusions, the Planning Commission
hereby renders its
RECOMMENDATION TO CITY COUNCIL.
The Planning Commission of the City of Yakima, having received and considered all
evidence and testimony presented at public hearing, and having received and reviewed
the record herein, hereby recommends that the City Council of the City of Yakima
APPROVE the zoning Text Amendment application (TXT #003-15), and accompanying
ordinance.
RECOMMENDED this 12th day of August, 2015.
2015 Yakima Planning Commission
Airport Safety Overlay Ordinance Amendment
Findings and Recommendations
By:
4
Dave Fonfara, Chairma
Yakima Planning Commission