HomeMy WebLinkAbout07/06/2010 17 Land Use Applications Post Card Format for Public Notices BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * 1 7
For meeting of: July 6, 2010
ITEM TITLE: Consideration of Ordinance to Revise Public Notice Requirements in
order to implement a post card format for Land Use Applications
SUBMITTED BY: Michael Morales, Director Community and Economic Development
CONTACT PERSON /TELEPHONE: Joan Davenport, Planning Manager (576 -6417)
SUMMARY EXPLANATION:
The attached ordinance revises the public notice requirements in order to implement a post card
format notification system. Amendments to the Title 14, Subdivision Ordinance, Title 15, Zoning
Ordinance and Title 16, Administration of Development Permit Regulations of the Yakima
Municipal Code are included in order to authorize the post card format system. In addition, the
ordinance clarifies that mailed notice will be sent to property owners within 300 feet of the
proposed project. A conflict currently exists in the Municipal Code with 500 feet and 300 feet
cited in different parts of the Zoning Ordinance.
• The City of Yakima is obligated to meet notice requirements under Washington State law in
order to provide citizens adequate public information regarding certain land use applications
filed in the vicinity of the project. The cost of postage, printing and staff resources to produce
the notice is considerable. To reduce the cost of public notice, streamline paperwork and
reduce waste, other local governments, such as the City of Tacoma, City of Seattle, Snohomish
County, Kitsap County and King County have implemented a post card format to notify citizens
of Notice of Applications and Notice of Public Hearings. City web site enhancements will be
made to provide more information to citizens about current applications.
Ordinance X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:,- =,. 4 City Manager
STAFF RECOMMENDATION: Adopt Ordinance
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: This item was approved on
consent at the City Council meeting on June 15, 2010. The Council Budget Committee
endorsed the concept of a revised public notice system in March 2010.
COUNCIL ACTION:
•
• ORDINANCE NO. 2010-
AN ORDINANCE to modify, standardize and streamline the notice requirements for the
Notice of Applications and Notice of Public Hearings regarding land use
applications including a post card format subject to amending the
provisions of Chapters 14.15.050; 14.20.080; 14.35.060 of Title 14,
Subdivision Ordinance; Chapters 15.11.090; 15.14.040 of Title 15, Urban
Area Zoning Ordinance; Chapters 16.05.010; 16.05.020; 16.05.050;
16.10.070 of Title 16, Implementation and Application of Comprehensive
Plan Amendment Procedures, all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 14.15.050 of Chapter 14 of the City of Yakima Municipal Code is
hereby amended to read as follows:
14.15.050 Public notice of short plat application.
Within ten calendar days after the short plat application is determined to be complete, notice
of the short plat application shall be sent by first -class mail to all owners, as shown on the
records of the Yakima County assessor, of land located within hundred feet of either (1) the
land proposed to be subdivided or (2) any land adjacent to the land proposed to be subdivided
• which is also owned by an owner of the land proposed to be subdivided. The Notice of
Application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and
may be either a post card format or letter size paper. .
Section 2. Section 14.20.080 of Chapter 14 of the City of Yakima Municipal Code is
• hereby amended to read as follows
•
14.20.080 Notice of open record public hearing.
A. The city shall give notice of the open record public hearing before the hearing
examiner as follows:
1. By publication of notice at least once not less than ten (10) calendar days prior to the
hearing in a newspaper of general circulation within Yakima County and a newspaper of
general circulation in the area where the real property to be subdivided is located.
2. At least fifteen (15) calendar days before the date of the open record public hearing,
notice of the hearing shall be sent by first -class mail to all owners, as shown on the records of
the Yakima County assessor, of land located within three hundred feet of either: (1) the land
proposed to be subdivided or (2) any land adjacent to the land proposed to be subdivided which
is also owned by an owner of the land proposed to be subdivided.
3. Additional notice of such hearing shall be given to the board of Yakima County
commissioners and the Yakima County planning department upon the filing of a preliminary plat
of a proposed subdivision adjoining the municipal boundaries of the city of Yakima.
4. Additional notice of such hearing shall be given to the Washington State Department of
Highways upon the filing of a preliminary plat of a proposed subdivision located adjacent to the
41) right -of -way of a state highway.
. B - - - - -- - - - - - --- --- - • --- - •-
Council Ordinance to Revise Public Notice Requirements
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the vicinity including the proposed subdivision; a description of the location in non legal
the record established by the open record public hearing, which shall include written material&
the hearing examiner, no additional evidence will be eoncidered. The Notice of Application will
follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a
post card format or letter size paper. •
Section 3. Section 14.35.060 of Chapter 14 of the City of Yakima Municipal Code is
hereby amended to read as follows
14.35.060 Public notice of binding site plan application.
The administrator shall direct that public notice of the proposed binding site plan application
be given within ten calendar days of a complete application. This notice shall consist of mailing
a notice of application to the owners of all properties within three hundred feet of the exterior
boundaries of the proposed binding site plan as such owners are shown on the records of the
Yakima County assessor. If the owner of the real property subject to the binding site plan owns
another parcel or parcels of real property which lie adjacent to the subject property, notice
under this subsection shall be given to owners of real property located within three hundred feet
of any portion of the boundaries of such adjacently located parcels of real property owned by
the owner of the real property proposed to be subdivided. The Notice of Application will follow
the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a post
card format or letter size paper.
Section 4. Section 15.11.090 of Chapter 15 of the City of Yakima Municipal Code is
•
hereby amended to read as follows
15.11.090 requirements.
A. Table 11 -2— Notice Requirements. Applications for permits, approvals, or actions listed
in Table 11 -2, "Notice Requirements," shall be decided after compliance with the notice
requirements set forth therein. Table 11 -2 may require more than one type of notice for some
applications. Other notice requirements are contained in the provisions of this title dealing with
particular types of permits, approvals, or other actions and shall also be followed. In case of
conflict between other provisions in this title and Table 11 -2 the most lengthy and greatest
notice requirement shall apply. If no notice is required in either Table 11 -2 or the written
provisions of this title, none shall be. provided. The Notice of Application will follow the notice
requirements of Yakima Municipal Code Chapter 16.05 and may be either a post card format or
letter size paper.
Table 11 -2 Notice Requirements .
NOTICE REQUIREMENTS APPLICATIONS FOR...
a N1 M I- a 1 ._ 0 fa CO L 0) 40. CO *+ 0
• •
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•
Mailed after Preliminary
Decision for Approval by X
When . Administrative Official
Required Mailing /Publication /Posting
at. Least Twelve Days Prior X X X X
• to Public Hearing .
To Parties of Record NOTICE X X X NOTICE X NOTICE X
1st Class To Property Owners Within NOT NOT NOT
Mailing 500 300 Feet of the REQUIRED x x REQUIRED X REQUIRED X
Application Parcel
Publication One Legal Notice in Official X X X
Newspaper
In Compliance with YMC
Posting 15.11.090(C) and this X X
Table
• 1(1) Includes: Class (1) uses, development permits, temporary use permits, and some home
!occupations.
!(2) Includes: Some Class (1) uses, Class (2) uses, permits for temporary hardship units,
some home occupations, and some modifications to Class (1) and (2) uses.
(3) Includes: Some Class (2) uses, Class (3) uses, changes from a nonconforming use to
;another, and some modifications to Class (2) and (3) developments, including administrative
!adjustment of development standards for Class (3) uses.
B. Responsibility, for Notice. The department shall provide all notice requiring first -class
mailing or legal publication. When required, the applicant shall post the property in accordance
with subsection C of this section.
C. Posting Notice. When required, the applicant shall post the subject property with signs
provided by the department. Signs shall be posted on the subject property so as to be clearly
seen from each right -of -way providing primary vehicular access to the subject property: The
time of posting shall comply with the provisions of Table 11 -2.
D. Mailing Notice. For purposes of providing legal notice to adjoining property owners, the
person or persons shown as the owner on the official records of the Yakima County assessor's
office shall be considered the property owner. The Notice of Application will follow the
provisions of Yakima Municipal Code Chapter 16.05.
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•
Section 5. Section 15.14.040 of Chapter 15 of the City of Yakima Municipal Code is
hereby amended to read as follows
15.14.040 Review procedures.
Upon receipt of a completed application for a Class (2) use, the administrative official shall
proceed as follows: •
A. Preliminary Decision. Within seven days of receipt of the completed application, the
administrative official shall review the proposal and tentatively determine whether the proposed
development should be approved, approved with conditions or denied. The administrative
official may request any additional information necessary to clarify the application or determine
compliance with the provisions of this title.
If additional information is required by the administrative official, the preliminary decision on
the application shall be made within seven days of receipt of the additional information.
B. Notification of Adjacent Property Owners. When the administrative official's preliminary
decision is to approve the application, or approve with conditions, the administrative official
shall, within five days, forward a Notice of the proposal Application - - - - - • • . _ - •• - _
.: • - • : - - e • - • - - - •'•••-' • - e -' to all landowners within five three hundred (300)
feet of the exterior boundaries of the development site. The Notice of Application will follow the
notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a post card
format or letter size paper. Such notice *hall:
arm
administrative official to all parties of record to any proceeding action; and
The administrative official may also, but is not required to, solicit comments from any other
person or public agency the administrative official feels may be affected by the proposal.
C. Administrator's Decision. After considering any comments received from other agencies,
jurisdictions, or adjoining property owners, the administrative official shall take one or more of
the following actions:
1. Approve the site plan and issue a certificate of zoning review;
2. Establish conditions for approval, or require other changes in the proposed site plan;
3. Authorize adjustment in the basic design standards in accordance with the provisions of
YMC Chapter 15.10;
4. Request additional or more detailed information, including but not limited to a written
development plan or master plan or other similar documents for development;
5. Refer the site plan to the hearing examiner for review, public hearing and decision; or
6. Disapprove the site plan.
A request by the administrative official for additional or more detailed information shall be
made within seven days from the end of the comment period.
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0 D. Conditional Approval. The administrative official may attach conditions to his approval in
order to assure the development is consistent with the intent of this title, the zoning district, the
developmentstandards, and the other provisions of this title.
E. Findings and Conclusions. The administrative official shall prepare written findings and
conclusions stating the specific reasons, and citing the specific chapters and sections of this
title upon which the administrative official's decision to approve, approve with conditions, or
deny the issuance of a certificate of zoning review is based. The findings shall demonstrate that
the administrative official's decision complies with the policies of the Yakima urban area
comprehensive plan, the intent of the zoning district, and the provisions and standards
established herein.
•
Section 6. Section 16.05.010 of Chapter 16 of the City of Yakima Municipal Code is
hereby amended to read as follows:
16.05.010 Notice of application.
A. The city shall issue a notice of application on all ,project permit applications that are not
determined by the director to be exempt from the procedures provided by this title. The notice
of application shall be mailed to the applicant's designated contact person, and, as listed on
current Yakima County assessor records, the owners of property within three hundred feet of
the development site. The notice may be either a post card format or letter size paper.
B. The notice may also be sent to agencies interested in the application, as determined by
® the planning manager and to other persons or entities who request such notice.
C. If the application is subject to an open record public hearing, the date of the public
hearing shall be included in the notice of application and the notice of application shall be
provided at least fifteen (15) days prior to the open record hearing. The provisions of Section
16.05.030 of this title shall also apply. (Ord. 98 -66 § 1 (part), 1998).
Section 7. Section 16.05.020 of. Chapter 16 of the City of Yakima Municipal Code is
hereby amended to read as follows
16.05.020 Contents of notice of application. .
The notice of application shall comply with the notice requirements specified in Section
16.05.010 of this title and shall include:
A. The date of the application, the date of the notice of completion for the application, the
date the notice of application is issued;
B. A brief description of the proposed project action, including the protect location and City
File Number - - - - - - - - •• - - -'- - -- -- - - - -- - -- - -
- - - - -- -- - -•.. i -= V et - - 1 1 2 .1!9;
the city;
D. The identification of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the docu-- - - : - . .e _ .-- - _ _ _ - _ e - , The
location where the application and any studies can be reviewed, including the city web -site
information;
E. The date when the public comment period ends, which shall be the twentieth day
• following the date of notice of application, and a statement of the right of any person to
comment on the application and become a party of record for the application;
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F. The date, time, place and type of hearing, if applicable and scheduled at the date of
notice of the application;
G. A statement of preliminary detcrmination- o€- ssacictency as provided in Chapter 16.06, if
one has been made at the time of is cuance of the notice of application, and of those
H. Any other information determined appropriate by the director.
Section 8. Section 16.05.050 of Chapter 16 of the City of Yakima Municipal Code is
hereby amended to read as follows
16.05.050 Notice of public hearing.
The notice of application may include the notice of open record public hearing for permit
applications which require open record public hearings. The notice may be may be either a post
card format or letter size paper.
B. Content of Notice of Public Hearing. The notice given of an open record public hearing
required in this chapter shall contain:
1. The name and address of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form of either a vicinity location
or written description, other than a legal description;
• 3. The date, time, and place of the hearing;
4. A description of the subject property reasonably sufficient to inform the public of its
location, including but not limited to the use of a map or postal address and a subdivision lot
and block designation.
5. A brief statement of the - nature of the proposed use or development;
6. A statement that all interested persons may appear and provide testimony;
7. When information pertaining to the application may be examined and when and how
written comments addressing findings required for a decision by the hearing body may be
admitted;
8. The name of a member of city staff to contact and a telephone number where additional
information may be obtained;
9. That a copy of the application, all documents and evidence relied upon by the applicant
oesti
e - • - - - e e e - - - port will be available for inspection at no cost at least seven
Section 9, Section 16.10.070 of Chapter 16 of the City of Yakima Municipal Code is
hereby amended to read as follows
16.10.070 Public process and notice on proposed comprehensive plan amendment.
To provide for the opportunity of citizens, interested parties and reviewing agencies to
suggest and make comments on proposed comprehensive plan amendments, the planning
staff will provide for broad dissemination of information regarding the amendment process.
Notice shall be reasonably calculated to give interested parties, the general public, and
government agencies a meaningful opportunity to be apprised of, and participate in, the
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• comprehensive plan amendment process. The planning staff shall identify and follow a •
procedure reasonably calculated to address public comments regarding proposed
amendments. .
(1) Except for instances where specific notice requirements are provided for elsewhere in
this chapter, in which event the specific notice requirements shall control, examples of types of .
notice which the planning staff may utilize, as appropriate, include the following:
(a) A general mailing to interested parties;
(b) Posting on the city of Yakima's web site;
(c) Posting the property with signage, for which a future land use map amendment has
been submitted and docketed;
(d) \Notice in the local newspaper of general circulation at least twenty days prior to any
public hearing and as may be otherwise required by RCW Section 36:70.390, or as the same
may be hereafter amended;
(e) Announcements on Yakima public affairs channel (YPAC) of scheduled public
hearings;
(f) Press releases to the local media;
(g) Posting of information at the code administration and planning division and city
clerk's offices, in addition to other city clerk designated locations;
(h) Notice by general mailing to property owners located within five three hundred feet
(300') of external property line boundaries designated in a particular amendment application;
(i) Notification to reviewing agencies as may be established by Washington State
Department of Community Trade and Economic Development pursuant to RCW Section
36.70A.035(1) and RCW Section 36.70.547. .
(2) Additional public notification may be undertaken by planning staff if it determines that it
40 is in the public interest to do so.
(3) The Notice of Application shall follow the notice requirements of Yakima Municipal Code
Chapter 16.05. and may be either a post card format or letter size paper. Elements to be •
ncral mailing notice regarding docketed comprehensive plan amendments
{a) Identification of amendment by address, if available, if the proposed amendment
•
(g) An eight and one half inch by eleven inc _ - - -
current future land use designation, if applicable; and,
, proposed future land ucc designation, if applicable. (Ord. 2003 19 § 1 (part), 2003).
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i
Section 10. 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 _ th day , of July, 2010.
Micah Cawley, Mayor
ATTEST:
City Clerk
•
Publication Date:
Effective Date:
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