HomeMy WebLinkAboutR-2000-055 Interlocal Agreement with Yakima County regarding growth management implementation (GMA)RESOLUTION NO. R-2000- 55
A RESOLUTION authorizing and directing the Mayor to execute `an Interlocal
Agreement with Yakima County regarding growth management
implementation.
WHEREAS, the Growth Management Act (GMA) imposes certain responsibility
on the City of Yakima to co-ordinate land use planning policies with Yakima County;
and
WHEREAS, as required by GMA, the attached Interlocal Agreement Between the
City of Yakima and Yakima County provides a structure for growth and development
occurring in portions of Yakima's Urban Growth Area outside the existing City limits
and under jurisdiction of the county; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Mayor is authorized to sign the attached Interlocal Agreement Between the
City of Yakima and Yakima County for Growth Management Act Implementation.
ADOPTED BY THE CITY COUNCIL this 16th day of May, 2000.
ATTEST:
c mac.
City Clerk
Y./
Mary L. Place, Mayor
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Return Address:
Yakima County Commissioners
128 N. 2nd Street, Room 416
Yakima, WA 98901
Title: Interlocal Agreement
Reference: Between City of Yakima and Yakima County for Growth Management Act
Implementation
Grantor: Grantee:
Yakima County Commissioners Office
128 N. 2nd Street, Room 416
Yakima, WA 98901
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY
FOR GROWTH MANAGEMENT ACT IMPLEMENTATION
L PREAMBLE
A. PURPOSE
The primary purpose of this Agreement is to provide a management structure
for growth and development occurring in unincorporated portions of the Urban
Growth Area (UGA) outside the City of Yakima. In this area, both the County
and the City have interests. While the County continues to have legal
jurisdiction until annexation, the purpose of UGA designation was to target
these areas for urban growth and urban levels of services, and eventual
annexation or incorporation. Consequently, a deference toward the City's
vision for land use and development standards is desirable. This Agreement
is intended to meet the objectives of the Growth Management Act (GMA), set
out processes for coordination of public improvements, and to clarify
administrative and development processes for citizens, the City of Yakima
and Yakima County. This Agreement does not preclude public processes
associated with adoption of implementing rbgulations by the City of Yakima or
the County.
B. BACKGROUND
Outlined below are statute, regulation, and agreements that provide the
framework for this Agreement. This context is expected to change over time.
Nothing in this document overrides any previous interlocal agreements.
Instead, this Agreement is an implementing tool for these existing documents.
Previous interlocal agreements may need to be updated or amended in the
future to be consistent with GMA and the County -wide Planning Policies.
1. Growth Management Act
The enactment of GMA by the Washington State Legislature in 1990
fundamentally changed the way comprehensive land use planning is
carried out in the state. The GMA requires that counties and cities update
their comprehensive land use plans consistent with statewide goals and to
coordinate their planning efforts with each other.
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2. County -wide Planning Policies (CWPPs)
To assure that this coordination is carried out, the 1991 Legislature
passed companion legislation (RCW 36.70A.210) requiring counties and
coordinate the development of local comprehensive plans through
cities to the development �..�---. - comprehensive
a set of mutually developed CWPPs.
Following_ review and recommendation by the Cities in Yakima County, the
CWPPs were adopted by the Board of Yakima County Commissioners in
June 1993. The County and the Cities agreed to the following guiding
principles:
• Local governments within Yakima County do hereby agree to
the principle that alf focal planning, differences
strive i:.�:^: �::.r rrar. �a�e ei>am�s�, that ..... .... �._ ..
should be discussed and settled locally. Appeals 'or requests
for review shall be referred to the ,=astern Washington Growth
Planning Hearings Board only when the local resolution
process has been exhausted.
--1
• In order to enhance coordinated planning, Yakima County and
the Cities agree to develop a common system for data
collection and analysis and consistent terms for
comprehensive land use categories.
• The Interlocal Agreement for the Adoption of the County -wide
Planning Policy will be amended to establish the process and
guidelines for reviewing and amending the County -wide
Planning Policy. Amendments .will address timeframes, citizen
participation, how amendments may be proposed and specific
adoption proceedings.
(Yakima County -Wide Planning Policies pp. 3-4)
In addition, the County and the Cities agreed to enter into urban growth
agreements to address issues identified in the CWPPs and other matters
of mutual interest.
.
3. Urban Growth Areas
The GMA states that urban growth should be located first in areas already
characterized by urban growth that have existing public facility and service
capacity to serve such development, second in areas already
characterized by urban growth that will be served by a combination of both
existing public facilities and services and any additional needed public
facilities and services that are provided by either public or private sources,
and third in the remaining portions of urban growth areas. [RCW
36.70A.110(3)] „� AM0 9:29
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The CWPPs encourage growth in UGAs and discourage urban growth
outside of these areas. Also, these policies strive for development within
UGAs in a logical fashion outward from the edge of developed land in
conjunction with the provision of infrastructure and urban services.
Policies further address d,esignation and alteration of the UGAs in future
years. Adopted policies are:
A.3.1. Areas designated for urban growth should be determined
by preferred development patterns, residential densities, and the
capacity and willingness of the community to provide urban
governmental services.
A.3.2. All Cities will be within a designated urban growth area.
Urban growth areas may include areas not contained within an
incorporated City. [RCW 36.7OA.11O]
A.3.3. All urban growth areas will be reflected in County and
respective City comprehensive plans.
A.3.4. Urban growth will occur within urban growth areas only and
not be permitted outside of an adopted urban growth area except
for new fully contained communities. [RCW 36.7OA.35O]
A.3.5. The baseline for twenty year County -wide population
forecasts shall be the official 1990 Census count (188,823) plus
an estimated 5.2% estimated undercount. A process for allocating
forecasted population will be cooperatively developed.
A.3.6. Sufficient area must be included in the urban growth areas
to accommodate a minimum 20 -year population forecast and to
allow for market choice and location preferences. [RCW
36.7OA.11O (2)]
A.3.7. When determining land requirements for urban growth
areas, allowance will be made for greenbelt and open space areas
and for protection of wildlife habitat and other environmentally
sensitive areas. [RCW 36.7OA.11O(2)]
A.3.8. The County and Cities will cooperatively determine the
amount of undeveloped buildable urban land needed. The
inventory of the undeveloped buildable urban land supply shall be
maintained in a regional GIS database.
A.3.9. The County and Cities will establish a common method to
monitor urban development to evaluate the rate of growth and
maintain an inventory of the amount of buildable land remaining.
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A.3.10. The County, City, or interested citizens may initiate an
amendment to an existing urban growth area through the normal
comprehensive plan amendment process, however in no case will
amendments be processed more than once a year. (RCW 36.70A.
130 f 7
A.3.11. Prior to amending an urban growth area the County and
respective City will determine the capital improvement
ofrrequirementsrequirements`++v
the amendment to ascertain that urban
�s,., forecast period.
governmental services will be present within the
A.3.12. Annexations will not occur outside established urban
growth areas. [RCW 35.13.005]. Annexations will occur within
urban growth areas according to the provisions of adopted
interlocal agreements, if any.
(Yakima County -wide Planning Policies pp. 8-9)
4. Provision of Services within UGAs
_:�,. of government most
The GMA recognizes that, in general, cities are the units government - -
appropriate to provide urban governmental services. This preference does not
preclude provision of services by other providers, but suggests if ail factors were
equal in an evaluation of potential service, the City should be given preference.
5. Use of Interlocal Agreements
Several areas of the CWPPs note the importance of interlocal agreements.
Specific references include:
F.3.2. The use of interlocal agreements is encouraged as a means
_u_.�_ to .,t,,., for and provide urban
to formalize cooperative efforts plan govemmental services.
F.3.5. Each interlocal agreement will require that common and
consistent development and construction standards be applied
throughout that urban growth area. These may include, but are not
limited to standards for streets and roads, utilities and other
infrastructure components.
men
B.3.2. Urban growth management interiocai agreements will
identify services to be provided in an urban growth area, the
responsible service purveyors and the terms under which the
services are to be provided.
Yakima County -wide Planning Policies pp. 11, 21)
This interfocal Agreement is intended to promote the implementation of
these policy objectives.
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6. Other Agreements
This Agreement is the primary implementing agreement under GMA and
the CWPPs; however it does not preclude subsequent implementing
agreements covering special issues or topics, or providing additional detail
regarding standards, services, and procedures.
IL AGREEMENT
A. PARTIES TO AGREEMENT
This Agreement is entered into between the City of Yakima (hereinafter
referred to as the "City") and Yakima County (hereinafter referred to as the
"County").
B. AUTHORITY
This Agreement constitutes an exercise of authority granted to the City and
the County under Chapter 39.34 RCW, the Interlocal Cooperation Act.
Copies of this Agreement shall be filed with the Yakima County Auditor and
the Washington State Department of Community, Trade and Economic
Development.
C. OBJECTIVES
The objectives of this Agreement are:
1. To implement the provisions of GMA and the CWPPs, including
facilitation of growth consistent with City and County comprehensive
plans.
2. To assure timely implementation of growth and development within
unincorporated portions of the UGA such that the types of allowable
development are defined (generally consistent with plans and
development standards of the City) and that the development options
are clearly understood by the City, the County, other service providers
and citizens in these areas.
3. To assure that the processes leading to such development are clearly
articulated.
4. To define responsibility for the provision of services and the level of
service expected.
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tion among the City, the County and citizens as
5. i o assure communication te,e.
planning, growth and development decisions are made.
6. To create a decision-making process consistent with the County's
:hili:., authority for areas outside City jurisdiction, yet which
rcaNVllolv�y and authority for ........._-------- - -
fully considers the long term objectives, plans and development
standards of the City.
7. To provide for common and joint processes of the City and the County
to foster overall operational partnership, efficiency, and unified policy
and direction.
8. To assure that a public education, communication, and involvement
a_rg..t..,d the property owners and residents of the UGA
pr, -s:5:5: ,:�„ ec-tent � to the property ae �.e. e...... ......--
transitional areas is undertaken as this Agreement is implemented.
Such information will better inform property owners of their rights and
of predictable processes under which authorizations for property use
and development can be obtained.
9. To encourage economic development with a balanced application of
the goals, policies, and strategies of the various comprehensive plans.
D. COOPERATIVE PLANNING SYSTEM
1. UGA Boundary Designation/Amendments
The record of official UGA boundary designations made by the County
pursuant to GMA, shall be maintained as a part of the County's
comprehensive plan. Copies of the official UGA boundary shall be
provided to the City upon request. Disparities between the official
record and the City map will be resolved as quickly as possible
following discovery.
The County makes UGA boundary designations and considers
amendments based on requests and/or recommendations of the City.
Consistent with the provisions of GMA, all submittals for amendments
to UGA boundaries will include:
a. A statement of the general justification for the amendment.
b. An analysis of land capacity showing the need for reduction or
expansion of the boundary, or other detail justification.
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c. A statement by the City (and other utility providers, as
appropriate) of intent and capacity to serve within the 20 -year
planning horizon.
d. A proposed land use designation for the area with sufficient
detail to provide guidance in establishing generally compatible
zoning and administrative controls.
2. Annual County Comprehensive Plan Amendment Schedule
The County will establish a schedule for annual county comprehensive
plan amendments including the revision of UGA boundaries. The
schedule will be provided to the City and the public.
E. PLANNING IMPLEMENTATION
Since UGAs are intended to accommodate urban growth, and eventually be
part of cities, a mechanism is needed to assure that planning and permitting
decisions of the County are consistent with the planning objectives and
development standards of the City.
1. Revision of the Yakima Urban Area Comprehensive Plan — Elimination
of "Urban Reserve," "Urban Transitional" and Other Similar Non -
Specific Land Use Designations
The City and the County will consider revision of the Yakima Urban
Area Comprehensive Plan as necessary to remove land use
designations such as "Urban Reserve," or other similar non-specific
designations consistent with the availability of sewer and water
services.
2. Revision of County Development Standards
The County will revise its development standards to be generally
consistent with, and implement, land use designations provided in the
Yakima Urban Area Comprehensive Plan for UGA lands outside city
limits.
F. INFRASTRUCTURE SERVICES AND LEVEL OF SERVICE
General Provisions for Capital Facilities Planning and Mapping - Consistency
with GMA
The City and the County will maintain Capital Facilities Plans which depict
anticipated year -by -year capital projects, costs, and sources of funds. Maps
of City and County utilities and transportation infrastructure will be updated
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annually and exchanged between the parties in a mutually agreeable format.
Opportunities for focused public investment, which targets capital
improvement expenditures into specific geographic areas to produce "fully -
serviced land" for development, will be explored. This strategy is intended to
the limited pi h►ic funds by coordinating government
IIIQAl1111LC. the use of ......,.... r ------
expenditures and focusing development first in some areas, then in others.
1. Roads
a. Responsibility
Yakima County will be responsible for assuring concurrent
development of all roads outside City limits and within the UGA.
b. Financial and Service Policies
The level of developer participation in the construction or
reconstruction of roads shall be determined by a corrcurrency
ordinance adopted by the County, unless otherwise specified in
a sub -agreement.
c. Design Standards
Yakima County will utilize the provisions of Yakima County
Code Chapter 14.52 as design standards for urban
development of streets, roads, and associated structures,
unless otherwise specified in a sub -agreement. It is intended
that County design standards will be generally consistent with
standards adopted by the City.
d. Level of Service
Transportation Policy — LOS
The establishment of level of service policies for roads within
the urban growth area will be done cooperatively to assure that
service level thresholds are agreed upon for all transportation
facilities This effort will be coordinated through the Regional
Transportation Planning Organization (RTPO) pursuant to RCW
47.80.023.
Performance Evaluation — LOS
The City and the County will establish a coordinated evaluation
process to monitor and review LOS policies and their effect in
the urban growth area.
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2. Water
a. Responsibility
Although the City is the preferred provider of services, transition
from historic service patterns and from rural to urban service is
expected to take time, and a variety of service relationships are
expected to exist throughout the Yakima UGA.
Responsibility for the provision of water service will be depicted
on a service area map maintained by the County in cooperation
with the City and water purveyors. When maps drafted by the
City and other purveyors do not include designation of a service
provider or providers for the entire UGA, then the remaining
undesignated area shall be automatically designated County
service area under the Satellite System Management Program
of the County and Washington State Department of Health
(DOH).
Consistent with DOH regulations, the designated water purveyor
shall be responsible for planning and development of water
service within its service area to meet the level of service
standards for the land uses and populations indicated in the
most recent adopted Yakima Urban Area Comprehensive Plan.
b. Financial and Service Policies
(1) Timely and Reasonable Service — It is the intent of the
parties to this Agreement to facilitate timely and
reasonable water service to potential customers within
the UGA, as provided for in adopted capital facilities
plans.
(2) Costs - The costs of system extension will be generally
borne by the developer. This does not preclude
programmed extensions undertaken at the initiative of the
purveyor.
(3) Rates - Water rates are the responsibility of the provider.
c. Standards
Design and construction of water systems shall, at a minimum
meet DOH regulations and guidelines. The City shall submit to
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the County any specific standards which are to be applied within
its UGA.
3. Sewer
a. It is the desire of both parties that the Regional Wastewater
Facility serve properties in the Urban Growth Area. Sewer
service in the' Yakima UGA shall be governed by the most
recent amended version of the Agreement for Wastf Yakima, water
r
Treatment and Disposal Bete District en the andty �he Town of Union
a
County, Terrace Heights Sew
Gap, which was originally established in 1976 and has since
been amended from time to time.
b. Financial and Service Policies
(1) Timely and Reasonable Service — it is the intent of the
parties to this Agreement to facilitate tirriely and
service potential customers within
reasonable sewer to potential -
the UGA, as provided for in adopted capital facilities
plans.
(2) Costs - The costs of system extension will be generally
borne by the developer. sundertaken at the initiative alive of the
t preclude
programmed extensions
provider.
(3) Rates - Sewer rates are the responsibility of the provider.
be allowed to be
(4) Interim Systems Allowed - Systems may allowed to
developed which do not meet full urban service levels
initially, provided these systems have all approvals of
DOE, DOH, the Yakima Health District and the County,
and mechanisms are in place to assure full urban
,,.,+ development at
services will be provided concurrent with -�
full urban density.
c. Standards
Standards for design and construction of sewer facilities shallll be
those contained in the appropriate DOE or DOH statutes and
regulations or guidance documents.
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4. Stormwater
a. Responsibility
The County will, have responsibility for assuring that stormwater
generated from development outside City limits will be handled
consistent with Federal and State requirements.
G. ANNEXATION
1. Development Contiguous to City Boundaries — Annexation to be
Promoted
It is the intent of the parties to promote orderly development of the City
through annexation. The County agrees that it will not provide utility
services to properties contiguous to City boundaries without the
specific approval of the City, unless the property is in an existing utility
service area of the County.
2. Development Review Within Pending Annexation Areas
The County shall process to completion any development for which it
received a permit application and accompanying fee prior to the
effective date of a pending annexation, except when early transfer of
authority occurs as described in Subsection 6 below. "Completion"
shall mean final administrative approvals and certifications, except in
the case of legislative actions; in which case decisions will be made by
the Board of County Commissioners or transferred to the City Council
if annexation has occurred. Where the County continues to have
jurisdiction, the County will confer with the City on all development
review decisions affecting the pending annexation area.
3. Building Permits
Except when early transfer of authority occurs as described in
Subsection 5 below, building permit applications and permits shall be
processed by the County through final inspection and/or occupancy
certificate. The final inspection may be a joint City/County inspection,
with the City in attendance for information purposes. After the effective
date of the annexation, the City and County may meet from time to
time to review the status of all active projects in the annexation area
remaining under review by the County and determine whether or not
responsibility for continued processing should be transferred to the
City. Any requested renewals of such applications shall be made to
and administered by the City.
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4. Code Enforcement
Upon notice of proposed annexation the County, properties gUested, will which are
provide the City with information regarding d g any
enforcement action.
subject to pending County code enforcement
5. Early Transfer of Authority Authorized
5.. tent theparties to facilitate timely processing of
it is the intent �l of pa! S _
development applications for properties which are included within
areas subject to active annexation proceedings. When a Notice of
Intent to Commence Annexation has been submitted and approved by
the City, and the property owner agrees, the
th Chn y it , City in writing,
transfer review and prnu-seeing authority to uwill,
r
projecsubmitted prior to annexation. If annexation proceedings are delayed
to such a degree that it is probable that development review would be
completed prior to completion of the annexation, the City will return
the County to ensure continuous
review and processing authority to
processing of development applications.
.
6. Records Transfer
The City may copy
and/or transfer necessary County records, as
appropriate, prior to and following annexation. The
City maa dy arrr tge
for off-site duplication of recordsCounty.p
appropriate
protection of records as approved by the
H. SUB -AGREEMENTS
_,_�_:� for implementing various
Sub -agreements that provide additional aeta�limple. •
aspects of this Agreement are anticipated provided that the sub -agreements
do not conflict with the provisions of this Agreement.
L GENERAL PROVISIONS
1. Relationship to Existing Laws and Statutes
Except as specifically provided herein, the City and the County do not
abrogate the decision-making authority vested in them by law. This
Agreement in no way modifies or supersedes existing state laws and
statutes.
2. Dispute Resolution)
The City and the County agree that in the event of a dispute over the
terms of this agreement each entity will appoint Nmembers 05/11/00 9 ff its
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legislative body to a committee to discuss and attempt to resolve the
issue(s).
3. Amendments
The City and the • County recognize that amendments to this
Agreement may be necessary to clarify the requirements of particular
sections or to update the Agreement. Both parties must agree with the
amended provisions in order for for any amendments to be
incorporated into this Agreement.
4. Effective Date and Term of Agreement/Provisions for Termination
This Agreement shall be effective upon approval by the legislative
bodies of the County and the City. The term of this Agreement shall be
for five years from the effective date hereof and shall automatically be
renewed for subsequent five-year terms unless one of the following
actions is taken. First, the City and the County may agree anytime in
writing to amend or terminate this Agreement. Second, no later than
18? days before the autoimatic renewal date, either party may notify
'the other, in 'writi g'.tif d. `desire to revise or terminate the Agreement.
Such written notice shall trigger good faith negotiations in an effort to
revise and or renew the Agreement. lf, after such negotiations,
agreement cannot be reached, this Agreement shall be null and void at
the end of its five-year term.
5. Severability
If any provision of this Agreement or its application to any person or
circumstance is held invalid, the remainder of the provisions and/or the
application of the provisions to other persons or circumstances shall
not be affected.
If any section, subsection, paragraph, sentence, clause or phrase of
this Agreement is adjudicated to be invalid, such action shall not affect
the validity of the remaining portions of the Agreement.
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III. SIGNATURES
IN WITNESS WHEREOF, this agreement has been executed by each party to this
Agreement as evidenced by the signatures below.
BOARD OF YAKIMA CO INTY
COMMISSIONERS
DATE:
CITY OF YAKIMA
Mary L. Place, Mayor
It -e2 -0U
ATTEST:
i,®— -rev
airman
Commissioner
ommissioner
DATE:
ATTES
City Contract No. 2000-44
Resolution No. R-2000-55
CIf the Board
APPROVED AS TO FORM
= .
Attorney'
>'
Atto
Deputy Prosecuting r�,ey
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Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.: 1 -1 -
For Meeting of: May 16, 2000
ITEM TITLE: Consideration of a resolution authorizing the Mayor to execute an Interlocal
Agreement with Yakima County regarding growth management implementation.
SUBMITTED BY: i am Cook, Director of Community and Economic Development
CONTACT PERSONPI'LLEPHONE: Don Skone, Planning Manager (575-6184)
SUMMARY EXPLANATION:
The attached Interlocal Agreement For Growth Management Act Implementation will, upon joint approval,
guide City and County planning and service provision efforts in the unincorporated portion of the Yakima
Urban Area. Adoption of this interlocal agreement was foreseen and anticipated by the prior adoption of the
County -Wide Planning Policy. Council members and staff have worked extensively with Yakima County
elected officials and staff to prepare an agreement satisfactory to both entities. An important point for the
City of Yakima has been to assure that the Agreement does not supercede or modify the provisions the
Yakima Wastewater Agreement and to provide for an acceptable mechanism for resolution of disputes which
may arise.
Resolution X Ordinance Contract Other Specify Agreement
Funding Source:
APPROVAL FOR SUBMITTAL:
% ty anagen
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:.
COUNCIL ACTION: