HomeMy WebLinkAbout2004-042 2004 Urban Area Comprehensive Plan Amendments ORDINANCE NO 2004- 42
AN ORDINANCE concerning land use regulation and comprehensive planning;
amending the Yakima Municipal Code procedures for amending
the Yakima Urban Area Comprehensive Plan, Ch. 16 10 YMC, to
allow for amendments of the comprehensive plan more often than
once per year as provided for by RCW § 36 70A.130, and
subsections thereof; amending § 16 10 020 of City of Yakima
Municipal Code Chapter 16 10; and adding new § 16 10 035 to
City of Yakima Municipal Code Chapter 16 10
WHEREAS, the Washington State Growth Management Act (GMA) requires
counties and cities within them to prepare long range comprehensive plans pursuant to
RCW Ch. 36 70A and related Chapters, and
WHEREAS, RCW § 36 70A.130 provides for contmumg review and evaluation
of comprehensive plans and development regulations at least every five years and for the
revision or amendments to such plans not more than once a year but at least once every
five years, with certain exceptions, and
WHEREAS, RCW § 36 70A.130, and subsections thereof, sets forth exceptions
to the general rule that comprehensive plan amendments may occur not more frequently
than once a year; and
WHEREAS, established procedures for comprehensive plan amendments that
comply with RCW § 36 70A.130(2)(a) would benefit the public by providing certainty
and consistency in the comprehensive plan amendment process, and
WHEREAS, the City of Yakima Planning Division has recommended that this
ordinance be considered as an addition to Ch. 16 10, Yakima Municipal Code, and
WHEREAS, the purpose of this amendment is to provide procedures and criteria -
for amending and updating the Yakima Urban Area Comprehensive Plan more often than
once a year in a manner consistent with GMA, and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. Section 16 10 020 of the City of Yakima Municipal Code is hereby
amended to read as follows.
Page 1
"16.10.020 Applicability.
(1) The crtena and requirements of this chapter shall apply to all applications or
proposals for changes to the Comprehensive Plan text or map designations and
Development Regulations, unless specifically exempted. The following types of
Comprehensive Plan amendments may be considered through the Comprehensive
Plan amendment process.
(a) Future Land Use Map changes,
(b) Changes to other plan policy maps, and,
(c) Comprehensive Plan text changes.
(2) The cntena of this chapter shall apply to Comprehensive Plan designations and
Development Regulation amendments no more frequently than once a year, except
that amendments may be considered more frequently for special circumstances as
may be provided for in RCW § 36 70A.130, or as the same may be hereafter
amended. The review of any proposed amendments authonzed by RCW §
36.70A.130 to occur more frequently than once a year shall be undertaken as
provided for in YMC $ 16.10.035, which shall be the exclusive means of notice,
public participation, and review for such amendments, any other provision of the
Yakima Municipal Code to the contrary notwithstanding.
(3) Definitions - Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter
(a) "Comprehensive Plan" shall mean the most recent version of the Yakima Urban
Area Comprehensive Plan, inclusive of all adopted amendments.
(b) "Future Land Use Map" shall mean the GIS map maintained by the City of
Yakima as its approved current Future Land Use Map
(c) "Interested Parties" shall mean any person or persons who have provided their
names and addresses in writing to Planning staff and indicated their desire to receive
mailings regarding a specific land use application within a specified area of the City
of Yakima.
(d) "Property Owners" shall mean the person or persons shown as the owner of a
parcel or parcels on the official records of the Yakima County Assessor as of the date
of mailing a land use notice.
(e) "Text Amendment" shall mean any Comprehensive Plan amendment in the form
of text changes or standards modifications, whether in the form of additions,
corrections, or other modifications.
(f) "Plan policy map" shall mean any geographic depiction or map contained in the
Comprehensive Plan other than the Future Land Use Map
(g) "Planning staff" shall mean staff members of the City Code Administration and
Planning Division.
(h) "Development Regulations" or "Regulation" means the controls placed on
development or land use activities by Yakima County or the City of Yakima,
including, but not limited to, zoning ordinances, critical areas ordinances, shoreline
master programs, official controls, planned unit development ordinances, subdivision
ordinance, and binding site plan ordinances together with any amendments thereto A
Development Regulation does not include a decision to approve a project permit
application, as defined in RCW 36 70B 020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of Yakima County or
the City of Yakima."
Page 2
Section 2. New Section 16 10 035 is hereby added to the City of Yakima Municipal
Code to read as follows.
"16.10.035 Exceptions to the Annual Amendment Process. The Yakima City
Council may propose amendments to the Comprehensive Plan as authorized by
RCW § 36.70A.130 more frequently than once a year pursuant to the following
process.
(1) The City Council may initiate consideration of an amendment to the
Comprehensive Plan at any time, regardless of the annual amendment review
process, by resolution, on condition that City Council shall simultaneously enter
findings that: 1) an amendment proposed to be considered independent of the annual
amendment review process complies with the provisions of RCW § 36.70A.130,
and, 2) to wait until the next amendment cycle would be detrimental to the public's
interests.
(2) Proposed amendments initiated by Council action as provided for in subsection
(1), above, shall be reviewed as follows.
(a) Any proposed Comprehensive Plan amendment addressing the initial adoption of
a subarea plan that does not modify the Comprehensive Plan policies and
designations applicable to the subarea may be adopted by ordinance at any time.
(b) Any proposed Comprehensive Plan amendment addressing the adoption or
amendment of a shoreline master program may be adopted under the procedures set
forth in chapter 90.58 RCW.
(c) Any proposed Comprehensive Plan amendment addressing the amendment of the
capital facilities element of the Comprehensive Plan may be adopted by ordinance at
any time provided that the same is undertaken concurrently with the adoption or
amendment of the City of Yakima budget.
(3) For any proposed Comprehensive Plan amendment consistent with subsection
(2), above, Planning staff shall identify, and comply with, methods to assure early
and continuous public participation m the review of such amendments. These
methods may include the procedures set forth in YMC § 16.10.070, but may also
include other procedures consistent with the terms of RCW & 36.70A.140 including
the use of methods different from those identified YMC § 16.10.070.
(4) Nothing contained in this section shall modify in any way the public notice or
other public participation process that may be required for any proposed amendment
to the Comprehensive Plan pursuant to other applicable law, including the State
Environmental Policy Act, chapter 43.21C RCW, or the City of Yakima
Environmental Policy Chapter, chapter 6.88 YMC "
Section 3. Severabihty If any of the provisions of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the
application of the provision to other persons or circumstances shall not be affected.
Section 4. Effective Date This ordinance shall be in full force and effective 30 -days
after its passage, approval and publication as provided by law and the City Charter
PASSED BY THE CITY COUNCIL, at a regular meeting this 00 day of July, 2004
Page 3
J
Paul P George, Mayor
ATTEST
City Clerk
Publication Date 7 -23 -2004
Effective Date 8 -22 -2004
Page 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 02 S
For Meeting of July 20, 2004
ITEM TITLE Consideration of an Ordinance concerning land use regulation and
comprehensive planning; amending the Yakima Municipal Code procedures
for amending the Yakima Urban Area Comprehensive Plan, Ch. 16 10
YMC, to allow for amendments of the comprehensive plan more often than
once per year as provided for by RCW § 36 70A.130, and subsections
thereof, amending § 16 10 020 of City of Yakima Municipal Code Chapter
16 10; and adding new § 16 10 035 to City of Yakima Municipal Code
Chapter 16 10
SUBMITTED BY Milliam R. Cook, Director of Community and Economic Development Dept.
CONTACT PERSON /TELEPHONE Doug Maples, Code Administration and Planning
Manager (509) 575 -6121
Ken Harper, Legal Counsel (509) 575 -0313
SUMMARY EXPLANATION
Establishing well- defined procedures for public participation early and often in the
development and amendment of comprehensive land use plans and development regulations is
the primary purpose of YMC Chapter 16 10 In order to provide a method to fulfill this
purpose in conjunction with provisions in the Washington State Growth Management Act
( "GMA ") that allow for certain types of amendments to occur more often than once a year, a
new amendment to YMC Chapter 16 10 is recommended.
The proposed amendment to YMC Chapter 16 10 would provide for predictable and orderly
notice, review, and evaluation of those amendments authonzed by GMA to occur more often
than once per year More specifically, such amendments would be limited to the following
1) Any proposed Comprehensive Plan amendment addressing the initial adoption of a
subarea plan that does not modify the Comprehensive Plan policies and designations applicable
to the subarea may be adopted by ordinance at any time
2) Any proposed Comprehensive Plan amendment addressing the adoption or
amendment of a shoreline master program may be adopted under the procedures set forth in
chapter 90 58 RCW
3) Any proposed Comprehensive Plan amendment addressing the amendment of the
capital facilities element of the Comprehensive Plan may be adopted by ordinance at any time
provided that the same is undertaken concurrently with the adoption or amendment of the City
of Yakima budget_
Resolution Ordinance X_ Other (Specify)
Contract Mail to (name and address)
Phone
APPROVED FOR SUBMITTAL. J - City Manager
STAFF RECOMMENDATION City Council approves legislation amendment to Chapter 16 10 YMC
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION
Ordmance passed. ORDINACE NO. 2004-42