HomeMy WebLinkAbout1997-022 Land Use (and Capital Facilities Plan) ORDINANCE NO. 97- 22
AN ORDINANCE Concerning land use comprehensive planning and adopting a
new comprehensive plan for the Yakima Urban Area as required
by the Growth Management Act and adding new section YMC
1.42.050, and amending YMC 1.42.070.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA, WASHINGTON:
1 Section 1. NEW SECTION: A new section is added to chapter 1.42 of the Yakima
2 Municipal Code to read as follows:
3 YMC 1.42.050 County -wide Planning Policy
4 The Yakima County -wide Planning Policy, as required by RCW 36.70A.210,
5 and as adopted by Yakima County on June 29, 1993, and approved by the
6 Yakima City Council on July 6, 1993, (Resolution R- 93 -70), will serve as the
7 land use planning framework and basis for the Yakima Urban Area
8 Comprehensive Plan.
9 Section 2. Section 1.42.070 of the City of Yakima Municipal Code, and Ordinance
10 779 §§ 1 and 2, 1966, as amended by Ordinance 972 § 1, 1967, and Ordinance 2579 § 1,
11 1981, are hereby amended to read as follows:
41) 12 1.42.070 Comprehensive Plan Yakima Urban Area Comprehensive Plan:
13 adoption and amendment procedures
14 A. Adopted. The pamphlet entitled "The Yakima Urban Area
15 Comprehensive Plan (Draft 2: includes changes recommended by the
16 Regional Planning Commission September 23, 1980)" togcth cr with
17 supplement thereto identified as "Urban Area Plan Draft II Supplement as
18 recommended by the Regional Planning Commission 1 22 81," together with
19 revisions thereto specified in the document identified as "Exhibit D" of which
20 not less than three copies of each have been and now are on file in the office
21 of the Yakima city clerk, arc adopted as the official comprehensive plan for
22 the city of Yakima. Plan Adoption: The 1997 Yakima Urban Area
23 Comprehensive Plan ( "the Plan ") shall consist of the November, 1996,
24 Yakima Urban Area Comprehensive Plan Draft as modified by the February
25 11, 1997, Yakima Urban Area Joint Board Recommended Changes. The Plan
26 and its elements and plans including those incorporated by reference are
27 hereby adopted as the official comprehensive land use plan for the City of
28 Yakima, as required by chapter 36.70A RCW.
29 B. Amendments. Amendments to the comprehensive plan for the city of
30 Yakima may be initiated by a motion of the city council declaring its intention
31 to amend the comprehensive plan, which motion shall set forth the proposed
32 amendments and request the planning commission to hold a public h wring
• 33 and make a recommendation to the city council with respect to such proposed
34 amendments,
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35 Amendments to the comprehensive plan may also be initiated by a motion of
36 thc planning commission declaring its desire to amend the comprehensive
37 [plan], which motion shall set forth the proposed amendments and set a date
38 for a public hearing thcrcon.
39 The planning commission shall hold at 1 ast one public hearing, pursuant to
40 notice required by law, on any proposed amendment to the comprehensive
41 plan, and pursuant to such h aring, - . - . - - -- - - . • - - - -
42 council with respect to such proposed amendment. The city council shall
43 hold at lest one public hearing pursuant to notice required by law, on any
44 proposed amendment to the comprehensive plan, which hearing-shall-be
45 held after thc planning commission's hewing, at which time the city council
46 - - - - - -- - - - - - - - - - - - -- -
47 to such proposed amendment. The city council may, by motion, refer any
48 - - -- - - -- :. -- _ - -: - -- --
49 consideration and recommendation before final action is taken by the city
50 council.
51 At the conclusion of the hearing, ear he rings, by thc city council on any such
52 proposed amendment, the city council may, by resolution, amend the
53 comprehensive plan, or may, by resolution, reject any proposed amendment;
54 and thc action of the city council in adopting such resolution shall be final.
55 Plan Amendments: Requests for amendments to the Yakima Urban Area
• 56 Comprehensive Plan may be submitted at any time, and will be docketed to be
57 reviewed and acted upon once per year as required by RCW 36.70A.130.
58 Proposed amendments shall be considered concurrently to ascertain the
59 cumulative effect of the various proposals. Initial adoption of subarea plans
60 and the adoption or amendment of a shoreline master program are not
61 subject to the docketing requirement, and may be considered independently
62 of the annual amendment process. Amendments to the Plan may also be
63 considered whenever an emergency exists, or to resolve an appeal of the Plan
64 " filed with the Eastern Washington Growth Management Hearings Board,
65 following appropriate public participation.
66 C. Amendment Review Process: Proposed amendments to the Plan shall be
67 submitted to the City of Yakima Department of Community and Economic
68 Development, along with the required application fee, for review by the
69 Yakima Urban Area Regional Planning Commission. The Commission shall
70 hold at least one public hearing to receive public testimony on proposed
71 amendments, and shall forward its recommendation regarding proposed
72 amendments to the Yakima City Council and Board of Yakima County
73 Commissioners. The City Council shall hold at least one public hearing on
74 the Commission's recommendation. The City Council may refer any
75 proposed amendment back to the Commission for further consideration and
76 recommendation by the Commission. The City Council may amend the Plan
77 or reject any proposed amendments subsequent to the City Council public
• 78 hearing.
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• 79 D. Existing Land Use Regulatory Ordinances Remain in Effect: All existing
80 land use regulatory ordinances and land use controls shall remain in effect,
81 including Title 15, Yakima Urban Area Zoning Ordinance; City of Yakima
82 Official Zoning Map; Title 14, Subdivisions; YMC 6.88, Environmental Policy;
83 and YMC 11.58, Flood Damage Prevention, until such time that these
84 ordinances are amended. Future land use decisions shall be based upon
85 these ordinances, as periodically amended.
86 E. Severability: If any section, sentence, clause or phrase of the adopted
87 Yakima Urban Area Comprehensive Plan should be held to be invalid or
88 unconstitutional by or any body or court with authority and jurisdiction, such
89 invalidity or unconstitutionality shall not affect the validity or
90 constitutionality of any other section, clause or phrase of the adopted Yakima
91 Urban Area Comprehensive Plan.
92 F. Revival of 1981 Plan Upon Invalidation:. In the event that the 1997
93 Yakima Urban Area Comprehensive Plan, or any portion thereof, is
94 invalidated by the Eastern Washington Growth Management Hearings Board,
95 or any other body or court with authority and jurisdiction, the 1981 Yakima
96 Urban Area Comprehensive Plan, or the relevant portions thereof, shall be
97 revived and shall be in be effect until a new comprehensive plan, or new
98 relevant portions, are established.
99 Section 3. Submission of Adopted Plan to the State of Washington: The Director
11 100 of the Department of Community and Economic Development is hereby authorized
101 to transmit a copy of the adopted Yakima Urban Area Comprehensive Plan to the
102 State of Washington Department of Community and Economic Development, as
103 required by the Act.
104 Section 4. This ordinance shall be in full force and effect 30 days after its passage,
105 approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this lst day of
April ,1997.
dir -
/ ynn Buchanan, Mayor
ATTEST:
City Clerk
Publication Date: 4/4/97 Effective Date: 5/4/97
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ORDINANCE AMENDING CHAPTER 1.42 YAKIMA MUNICIPAL CODE
AND ADOPTING COMPREHENSIVE PLAN UNDER GMA -- Page 3