HomeMy WebLinkAbout1998-029 Growth Management ORDINANCE 98- 29
AN ORDINANCE concerning land use regulation under the state Growth
Management Act, and providing, on an interim basis, that
land use and development proposals shall be reviewed and •
decided according to existing development regulations,
subject to their consistency with and implementation of the
Yakima Urban Area Comprehensive Plan, which was enacted
on April 1, 1997, as §1.42.070 Yakima Municipal Code.
WHEREAS, Chapter 36.70A RCW, the Washington State Growth Management
Act (GMA), requires counties and cities, including the City of Yakima, to adopt
comprehensive land use and development plans, and to adopt development
regulations that are consistent with and that implement their comprehensive
plans; and
WHEREAS, GMA requires the state to withhold Public Works Trust Fund
Loans or certain other State grants or financial assistance from cities that do
not comply with GMA, and
WHEREAS, the City of Yakima has earnestly endeavored to comply with GMA
according to processes required by GMA, local law and applicable interlocal
agreements; and
WHEREAS, the City' has complied with GMA's comprehensive plan
development and adoption requirements by adoption on April 1, 1997, of
Ordinance No. 97 -22, which established the Yakima Urban Area
Comprehensive Plan (hereafter "Comp Plan "); and
WHEREAS, the City is drafting revised development regulations intended to
comply with GMA; and
WHEREAS, pursuant to the Urban Yakima Area Regional Planning Agreement,
those draft regulations have been forwarded for review by the Urban Yakima
Area Regional Planning Commission (hereafter "RPC "), which is expected to
soon issue its own recommendations regarding the City's development
regulations; and
WHEREAS, the City's draft development regulations and the RPC's
recommendations will, pursuant to the Urban Yakima Area Regional Planning
Agreement, then be reviewed by the Urban Yakima Area Joint Board (hereafter
"Joint Board "); and
WHEREAS, the RPC and Joint Board actions are expected to be completed
relatively soon, but possibly not before application deadlines for Public Works
Trust Fund Loans or certain other State grants or financial assistance; and
WHEREAS, RCW 36.70A.390 allows for the adoption of interim development
regulations; and
WHEREAS, the City of Yakima City Council desires that while its revised
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,
development regulations are being reviewed by the interlocally agreed
interjurisdictional bodies, substantial weight should be given to the Comp Plan
in the City's review of land development proposals; and
WHEREAS, it is in the best interests of the City of Yakima that its eligibility for
Public Works Trust Fund Loans and other State grants or financial assistance
be established by utilizing the authority granted provided by RCW 36.70A.390
to establish the City's GMA compliance on an interim basis; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Interim City of Yakima Comprehensive Plan Consistency
Review. On and after August 5, 1998, and until such time as revised
development regulations are enacted to implement the adopted Yakima Urban
Area Comprehensive Plan, land use and development proposals within the City
of Yakima shall be reviewed and decided under existing development
regulations to the extent such regulations can be applied consistently with and
in a fashion which implements the goals, objectives and policies set forth in the
Yakima Urban Area Comprehensive Plan.
Section 2. Effective Date. 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.
Section 3. Severability. If any section, phrase or provision of this ordinance
is held illegal, invalid or unenforceable, the remaining provisions shall remain
in full force and effect.
Section 4. Sunset Clause. This ordinance shall be effective until revised
development regulations implementing the Comp Plan are enacted, or
December 31, 1998, whichever comes first. This ordinance may also be
extended by action of the City Council of the City of Yakima, as provided by
statute.
PASSED BY THE CITY COUNCIL, signed and approved this 4th day of
August, 1998.
John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date: 8 - - 98 Effective Date: 9 - 98
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0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT 1 Item No.
For Meeting Of: August 4 - , 1998
ITEM TITLE: An ordinance concerning land use regulation under the state Growth
Management Act, and providing, on an interim basis, that land use and
development proposals shall be reviewed and decided according to
existing development regulations to the extent they are consistent with
and implement the adopted Yakima Urban Area Comprehensive Plan.
SUBMITTED BY: Lawrence A. Peterson, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Lawrence A. Peterson, Assistant City Attorney
SUMMARY EXPLANATION: The proposed ordinance would change the City's
land use and Growth Management policy to establish the City's eligibility for financial
assistance such as Public Works Trust Fund loans by establishing, on an interim basis,
that land use proposals would be reviewed under existing development regulations to
the extent such regulations can be applied consistently with and in a fashion which
0 implements the goals, objectives and policies set forth in the adopted Yakima Urban
Area Comprehensive Plan. The proposed ordinance provides that this policy would
start on August 8, 1998.
The proposed ordinance "sunsets" either when revised development regulations
become effective, or on December 31, 1998, whichever comes first. If revised
development regulations do not become effective before December 31, 1998, state
law allows the City to extend the interim period to avoid losing its Public Works Trust
Funds eligibility.
Resolution Ordinance XX Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL: (-:---?
c Ci ty Manager
STAFF RECOMMENDATION: COUNCIL POLICY ISSUE.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
III
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