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HomeMy WebLinkAbout2003-019 Comprehensive Plan Amendment Procedures ORDINANCE NO 2003 -19 AN ORDINANCE concerning land use regulation and comprehensive planning, and amending the Yakima Municipal Code to establish a new chapter Chapter 16 10, to provide procedures for amending the Yakima Urban Area Comprehensive Plan. 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 continuing 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.470 requires that counties and cities planning under RCW § 36 70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest Comprehensive Plan or development regulation amendments, and, WHEREAS, RCW Ch. 36 70A further requires that the suggested amendments be docketed and considered not more than once a year, consistent with the provisions of RCW § 36 70A.130, and, WHEREAS, established procedures for annual Comprehensive Plan amendments would benefit the public by providing certainty and consistency in the selected comprehensive plan amendment process cycle, and, WHEREAS, the City of Yakima Planning Division has recommended that Comprehensive Plan Amendment Ordinance No 2003 -19 be considered as an addition to the City of Yakima Code as Title 16 10, and, WHEREAS, the purpose of this chapter is to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan, now, therefore, 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 COUNCIL OF THE CITY OF YAKIMA, WASHINGTON Page 1 Section 1 A new chapter is added to City of Yakima Municipal Code, Title 16 10, to read as follows Sections 16 10 010 Purpose 16 10 020 Applicability 16 10 030 Procedures 16 10 040 Approval Cntena 16 10 050 Submittal Requirements 16 10 060 Timing of Amendments 16 10 070 Public Process and Notice of Proposed Comprehensive Plan Amendments 16 10 080 Regional Planning Commission's 16 10 090 Joint City Council and Yakima County Commissioner's Public Hearing 16 10 100 Implementation and Application of Comprehensive Plan Amendment Procedures for the Year 2003 CHAPTER 16.10 COMPREHENSIVE PLAN AMENDMENT PROCEDURES 16.10.010 Purpose. The purpose of this chapter is to provide procedures and cntena for amending and updating the Yakima Urban Area Comprehensive Plan. Comprehensive Plan amendments may involve changes in the plan wntten text, the plan policy maps, or to the Future Land Use Map Comprehensive Plan amendments will be reviewed in accordance with this chapter, the state Growth Management Act (GMA), the Yakima County -Wide Planning Policy (CWPP), the goals and policies of the Yakima Urban Area Comprehensive Plan, and official population growth forecasts and growth indicators, as applicable Nothing in this chapter shall be construed to limit the legislative authority of the City to consider and adopt amendments and revisions to the Yakima Urban Area Comprehensive Plan or the City's development regulations 16.10.020 Applicability. (1) The cntena and requirements of this chapter shall apply to all applications or proposals for changes to the Comprehensive Plan text or map designations, 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 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. (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 Page 2 (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. 16.10.030 Procedures. (1) Annually, the City Council shall open the Comprehensive Plan amendment process and the Regional Planning Commission shall hold a public meeting in February to announce that the Comprehensive Plan amendment process is open to accepting applications At that time, the Regional Planning Commission will invite public comments and suggestions regarding proposed changes to the Comprehensive Plan. (2) All Comprehensive Plan amendments shall be considered legislative actions and subject to the procedures in this chapter (3) Applications must comply with YMC § 16 10 040 and be submitted by the last business day in April in order for a proposed amendment to be included in that year's process (4) Future Land Use Map changes may be initiated by the subject property owner(s), or by Planning staff, by using the appropriate application forms The Regional Planning Commission shall docket all Future Land Use Map amendment requests for further review and consideration if the amendment application is deemed complete as provided for herein. (5) Other plan policy map and/or text amendments may be initiated by any person, including Planning staff, by using the appropnate application forms The Regional Planning Commission shall docket all such amendments for further review and consideration if the amendment application is deemed complete as provided for herein. (6) After completion of the amendment docketing process, the Regional Planning Commission shall invite public comment regarding docketed amendment(s) concurrently with the notice announcing the Regional Planning Commission public hearing at which proposed amendments will be reviewed. (7) Additional documentation may be needed to address public facihties and services elements that may be necessary for a proposed amendment. Examples of such services may include water, sewer, storm drainage, transportation, pohce and fire protection, and schools Planmng staff will assist applicants in identifying additional documentation necessary to enable appropnate review Page 3 (8) After proposed amendments are docketed. (a) The Planning staff will review the docketed Comprehensive Plan amendments together with such review as may be required under the State Environmental Policy Act (SEPA), Ch. 43.21C RCW, and Ch. 6 88 YMC (b) The Regional Planning Commission shall set dates for work sessions on docketed item(s) prior to setting the Regional Planning Commission Public Hearing date(s) (9) No Comprehensive Plan amendment applications shall be docketed after the last business day in Apnl, unless directed by City Council. 16.10.040 Approval Cntena. The following cntena shall be considered in the review of any proposed amendment to the Yakima Urban Area Comprehensive Plan. (1) To alter the Future Land Used Map or other plan policy map, or effect a Comprehensive Plan text amendment, the proposed amendment must do one or more of the following (a) Address circumstances that have changed since the last time the relevant Comprehensive Plan map or text was considered, (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text, (c) Correct an obvious mapping error; or, (d) Address an identified deficiency in the Comprehensive Plan. (2) Pursuant to RCW § 36 70A.040, proposed Comprehensive Plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW § 36 70A.100, (3) Proposed Comprehensive Plan amendments must be consistent with the Growth Management Act (GMA), Ch. 36 70A RCW, and the Yakima County Wide Planning Policy (CWPP), and, (4) Cumulative impacts of all Comprehensive Plan amendments, including those approved since the original adoption of the Comprehensive Plan, shall be considered in the evaluation of any proposed amendments 16.10.050 Submittal Requirements. All applications for Comprehensive Plan amendments shall be made in writing, shall use the proper Planning Division application forms, and shall include the following information (1) For Future Land Use Map amendments (a) Completed application on the proper form signed by the legal owner of the subject property or by a representative authorized to do so by written instrument submitted with the application form, unless the amendment is initiated by the Planning staff, (b) Parcel numbers and legal descnption(s) of the subject property; (c) Map(s) of the subject property that indicate roads, any areas identified in any applicable cntical areas designations, and the Future Land Use Map designation of adjacent properties, (d) Maps indicating the current and proposed Future Land Use Map designations, to be provided in both an 8 -1/2 inch by 11 -inch and 11 -inch by 17 -inch format to a standard engineering scale (e g., 1 20), Page 4 (e) Descriptive information regarding the property including status of existing land use, access to sewer and water, and availability of public facilities such as schools, fire and police services, (f) A written narrative stating the reasons for the request for the Future Land Use Map amendment and explaimng how the proposed amendment meets the criteria in YMC § 16 10 040, and, (g) Completed and signed SEPA checklist pursuant to Ch. 43 21C RCW and Ch. 6 88 YMC (2) For Comprehensive Plan pohcy map or text amendments (a) Completed application on the proper form signed by the apphcant(s), (b) Identification of the proposed amendment indicating the section and paragraph location for the current Comprehensive Plan provision sought to be changed, if any, and including, for text amendments, the specific text sought to be added or amended, (c) For plan policy map amendments, maps indicating the current, if any, and proposed policy map designations, to be provided in both an 8 -1/2 inch by 11 -inch and 11 -inch by 17 -inch format to a standard engineering scale (e g., 1 20), (d) A written narrative stating the reasons for the request for the amendment and explaining how the proposed amendment meets the cntena in YMC § 16 10 040; and, (e) Completed and signed SEPA checklist pursuant to Ch. 43 21C RCW and Ch. 6 88 YMC 16.10.060 Tiring of Amendments. (1) The Comprehensive Plan shall be amended no more often than once per year and no less often than once every five years in accordance with the time periods and procedures established in this chapter except in the circumstances described in YMC § 16 10 020(2) (2) Applications for Comprehensive Plan amendments will be accepted in the Code Administration and Planning Division office after the Regional Planning Commission has announced, at it' s meeting in February that the Comprehensive Plan amendment process is open for application. The Planning staff will accept letters of interest for amendment proposals and/or suggestions at any time Amendment apphcations received in the Code Administration and Planning Division office after the last business day in April will be processed in the next scheduled Comprehensive Plan amendment cycle, unless submitted directly by City Council pursuant to YMC § 16 10 030(10) (3) The following public notice will precede the Regional Planning Commission February public meeting (a) Not later than twenty (20) days prior to the Regional Planning Commission Public meeting date, a legal and display ad notice will be placed in the local newspaper of general circulation announcing the Regional Planning Commission February meeting, (b) An announcement will run on Yakima Public Affairs Channel (YPAC) electronic bulletin board not later than fourteen (14) days before the Regional Planning Commission public meeting date, until the date of the Regional Planning Commission meeting; Page 5 (c) The Planning staff will notify the local media regarding the Regional Planning Commission public meeting through a prepared press release, and, (d) The Planning staff will place the Regional Planning Commission public meeting notice on the City of Yakima's web site (4) At the Regional Planning Commission first working session meeting, which shall be held following the last business day in Apnl, the Regional Planning Commission and Planning staff will review docketed Comprehensive Plan amendment(s) At such time (a) The Planning staff shall notify the Washington State Department of Community Trade and Economic Development of the City' s intent to process the proposed docketed amendments, (b) The Washington State Department of Community Trade and Economic Development shall also receive notification of any specific amendment proposal at least sixty (60) days prior to final adoption of said amendment proposal, and, (c) The Planning staff shall issue a request for consultation with state and local aviation entities as more fully set forth in RCW § 36 70 547, or as the same may be hereafter amended. (5) The Planning staff shall establish timelines for additional review and consideration by the Regional Planning Commission so that the Comprehensive Plan amendment review process for a given year will be completed in that year's amendment cycle, which shall expire not later than December 31st. (6) The Planning staff shall provide a complete and accurate copy of any adopted Comprehensive Plan amendment to the Washington State Department of Community Trade and Economic Development within ten (10) days after the final adoption of the ordinance 16.10.070 Pubhc 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 appnsed of, and participate in, the 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 general mailing to interested parties, • Posting on the City of Yakima's web site, • Posting the property with signage, for which a Future Land Use Map amendment has been submitted and docketed, • Notice in the local newspaper of general circulation at least twenty (20) days prior to any public hearing and as may be otherwise required by RCW § 36 70 390, or as the same may be hereafter amended, Page 6 • Announcements on Yakima Pubhc Affairs Channel (YPAC) of scheduled public hearings, • Press releases to the local media , • Posting of information at the Code Administration and Planning Division and City Clerk's offices, in addition to other City Clerk designated locations, • Notice by general mailing to property owners located within five hundred (500) feet of external property line boundaries designated in a particular amendment application, • Notification to reviewing agencies as may be established by Washington State Department of Community Trade and Economic Development pursuant to RCW § 36 70A.035(1) and RCW § 36 70 547 (2) Additional public notification may be undertaken by Planning staff if it determines that it is in the public interest to do so (3) Elements to be contained in any general mailing notice regarding docketed Comprehensive Plan amendments shall include (a) Identification of amendment by address, if available, if the proposed amendment requests a change to the Future Land Use Map or other plan policy map, (b) Vicinity map created from the City's GIS mapping system indicating the location of proposed Future Land Use Map or other plan policy map amendment(s), if applicable, (c) Notice of the time, place and purpose for any Regional Planning Commission public hearing pertaining to a proposed amendment, (d) Cover letter from Planning staff generally describing the proposed Comprehensive Plan amendment and giving the name and phone number of a Planning staff person who can answer additional questions, (e) Regional Planning Commission meeting agenda, if applicable, (f) The applicant's written narrative, as supplied pursuant to YMC § 16 10 050, (g) An 8 -1/2 inch by 11 -inch black and white area map indicating the current Future Land Use designation, if applicable, and, (h) An 8 -1/2 inch by 11 -inch black and white area map indicating the proposed Future Land Use designation, if applicable 16.10.080 Regional Planning Commission's Recommendation(s). To provide for the opportunity of citizens, interested parties and reviewing agencies to review the recommendation, of the Regional Planning Commission to the Joint meeting of the City Council and Yakima County Commissioners regarding Comprehensive Plan amendments, the following procedures shall apply (1) The Regional Planning Commission shall provide a recommendation on each docketed amendment proposal with findings of fact to support each recommendation based on the approval critena set forth in YMC § 16 10 040, and, (2) The Planning staff shall notify the public of the Regional Planning Commission's recommendation by the following process (a) Not later than twenty (20) days prior to the Joint City Council and Yakima County Commissioners' public hearing date, a legal and display ad notice will be placed in the local newspaper of general circulation announcing the Joint City Council and Yakima County Commissioners' public hearing; Page 7 (b) An announcement will run on Yakima Public Affairs Channel (YPAC) electronic bulletin board not later than fourteen (14) days before the Joint City Council and Yakima County Commissioners' public hearing date until the date of the Joint City Council and Yakima County Commissioners' pubhc hearing, (c) The Planning staff will notify local media outlets regarding Joint City Council and Yakima County Commissioners' public hearing through a prepared press release, and, (d) The Planning staff will place the Joint City Council and Yakima County Commissioners' public hearing notice on the City of Yakima's web site 16.10.090 Joint City Council and Yakima County Commissioners public heanng. At a point meeting of the City Council and Yakima County Commissioners, the two elected bodies will review the Regional Planning Commission's recommendations regarding any docketed Comprehensive Plan amendments and hold a public heanng to provide citizens, interested parties and reviewing agencies an opportunity to comment on the recommendations (1) The notice of the Joint public hearing of the City Council and Yakima County Commissioners on the recommendations of the Regional Planning Commission will be promulgated by the City Clerk pursuant to the process for regular business meetings of the City Council, and will include the following (a) The time, location, and date of the point City Council and Yakima County Commissioners' public heanng; (b) A copy of the agenda item, and, (c) A list of all Comprehensive Plan amendments to be considered at the hearing (2) An open record public hearing will be conducted by the Joint City Council and Yakima County Commissioners to hear testimony regarding each amendment under consideration. (3) At the conclusion of the heanng, the City Council shall direct Planning staff to prepare legislation to approve, approve with conditions, or deny each amendment under consideration and shall identify findings of fact to support each decision based on the approval criteria set forth in YMC § 16 10 040 (4) At a subsequent City Council meeting, the City Council shall enact an ordinance adopting their decision reached at the point City Council and Yakima County Commissioner's public hearing Following City Council action, notification of the ordinance shall be accomplished in the following manner (a) The Planning staff shall provide a complete and accurate copy of the adopted Comprehensive Plan amendment(s) to the Washington State Department of Community Trade and Economic Development within ten (10) days after final adoption, and, (b) The City Clerk shall have the approved Comprehensive Plan amendment ordinance published in the local newspaper of general circulation. (c) The City Clerk shall post the ordinance to the City's web site as an ordinance amending the Yakima Municipal Code In addition, the Planning staff shall post the Comprehensive Plan amendments on the City's web site in accordance with this chapter Page 8 16.10.100 Implementation and Application of Comprehensive Plan Amendment Procedures for the Year 2003 Upon the passage, approval, and publication of this ordmance, and for calendar year 2003 only, the amendment process shall be deemed open for all pending applications and for all applications received by the last business day m April, 2003, without otherwise requiring announcement from the Regional Planning Commission as contemplated m YMC § 16 10 030 and YMC § 16.10 060 Publication of this ordinance shall be deemed sufficient notice to the public that the amendment process for calendar year 2003 is open. All other notice obligations required by this chapter shall remam m full force and effect durmg the 2003 amendment cycle. Section 2. If any of the provisions of this ordinance or its apphcation to any person or circumstance is held invalid, the remainder of the ordmance or the application of the provision to other persons or circumstances shall not be affected. Section 3. Effective Date. This ordmance shall be m 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 meetmg this 18th day of March, 2003 Mary Place, Mayor ATTEST got_A„,.., je„-e,€A...._.? City Clerk Publication Date 3/21/03 Effective Date- 4/20/03 Page 9 Yakima Urban Area Comprehensive 11 -. , p _ \ Plan Proposed Process • L Tuesday, February 4, 2002 ` comp-,Plari • NOTICE & .Amendment' "UBLICATIO Publish in Process Begins, --p> Newspaper Local -0 Interested Parties Trade Journals Comp Plan Application Airport, Pilots, WA ,, =:. r Open for Set Amount of —1> DOT Aviation, and Reviewing F - , a : - - y Time . - Etc. Agencies Acc Applicatio — • l sir ". ck, . . EPA Process Ilr Be g ins Publish in ,,,RPC'Workt ' ' .60.Day. N otice to —D Newspaper Local }Session;forr 'C.TEDion Trade Journals Application's' - - Proposed` Received;; Amendments) Post Property with Land Use SIGN All Property • I Owners within 500 ♦ feet of each 4 , Amendment • • _ . RPC•Notice,of Notice.of . Amendments y , NOTI , Hearing ; i Sent Interested Parties s . ,. w C) ,, Y? ,5-0,=;k err- ', < Reviewing :,,,,, Agencies • :RPC }Pu6lic,w Airport, Pilots, WA 'Healing � �. , • 9 � •g +, All Property DOT Aviation, and Notice of `•.; • _,. — Owners within 500 Etc. SEPA feet of each /�� Determination Amendment & Deadline . for Appeal ' '. --* Interested Parties rte;(' ': 'OTICE o 4 ^ RP 'ecommehdation Publish in "' n —® News er, Local <7ecoFnmendation~ arid:Public paP 'Heating ® All Parties of Trade Journals Record 60 Day Notice t� " Reviewing Airport, Pilots, WA SEPA Appeal . CTEDbefore Agencies DOT Aviation, and Period Ends e adoption of © Etc. ;Amendment(s) . © Appeal Of Comp \ Plan Decision • Joiht;Ci !Coin f : -Joirit:Decision -� & e?tiy Legal Ad of '4, Boerd;Putilic d ;Elected " 1: Ma Ordinance in Full .Hearing; " - ` Bodies _.N''t ..`rm . Tan = The Comp Plan Process • fter Final Adoption - i Blue = The Notice notice sent to CTED within 10 days Yellow = To whom the notice is sent Green = The Environmental Process BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ova For Meeting of March 18, 2003 ITEM TITLE. An Ordinance concerning land use regulation and comprehensive planning, and amending the Yakima Municipal Code to establish a new chapter, Chapter 16 10, to provide procedures for amending the Yakima Urban Area Comprehensive Plan SUBMITTED BY . liam R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE. Doug Maples, Code Administration and Planning Manager (509) 575 -6121 SUMMARY EXPLANATION Following a City Council study session and one public hearing continued over two separate Council meetings with several parties providing written and verbal testimony, staff has prepared an ordinance to formally establish a public participation program regarding the Comprehensive Plan Amendment process A draft copy of the ordinance was sent out on Friday, February 28, 2003, to all parties of record, reviewing agencies, parties of interest and media No comments were received from this mailing The ordinance before Council for consideration has been modified since the February 28, 2003, version to improve clarity and to make a number of minor technical and editorial changes, no change in the substantive content were intended Continued on the next page Resolution _ Ordinance X Other (Specify) Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. � i _A / 1 _ ; ,' ,. Cit Manager STAFF RECOMMENDATION City Council to adopt the ordinance establishing a Comprehensive Plan Amendment public participation process BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION The ordinance was passed as amended. ORDINANCE NO. 2003 -19 Over the last several months the Community and Economic Development Department and legal staff have been working on a proposed ordinance to establish a written public participation process The proposed ordinance has been prepared to comply with the Eastern Washington Growth Management Hearing Board's December 5, 2002 decision and to provide a public participation program for the Comprehensive Plan Amendment. The Growth Management Hearing Board has directed the City Council to adopt policies and procedures to assure public participation early and often above all other considerations when the City Council considers Comprehensive Plan amendments in the future These elements include notice, content, timing and a list of agencies to be notified and the process for reviewing and approving amendments to the city's Comprehensive Plan Attached for your consideration is a red line amended version of the February 28, 2003, proposed ordinance and a "clean copy" final ordinance incorporating the final "technically improved" changes