HomeMy WebLinkAboutR-2007-063 Finalized Comprehensive Growth Management Plan & Development Regulations UpdateRESOLUTION NO. R-2007- 63
A RESOLUTION of the City of Yakima, Washington, finalizing the comprehensive
growth management plan and development regulations update
for the City of Yakima.
WHEREAS, under the Washington State Growth Management Act ("GMA"),
set forth in Revised Code of Washington, Chapter 36.70A, the City of Yakima is
required to develop a comprehensive plan and development regulations that are
consistent with the goals and requirements of GMA; and
WHEREAS, GMA requires certain counties and cities to take action to review
and, if needed, revise their comprehensive plans and development regulations
according to a specified schedule; and
WHEREAS, the City of Yakima was required to perform this task by December
1, 2006; and
WHEREAS, the Yakima Urban Area Regional Planning Commission ("RPC")
conducted public hearings and commissioned discussions regarding this process on
July 10, 2006, September 25, 2006, and October 23, 2006; and
WHEREAS, the Yakima County Board of County Commissioners and the
Yakima City Council, acting as a joint board hereinafter referred to as "Council,"
conducted a public hearing on November 14, 2006, continued to December 4, 2006,
to receive public comment, discuss, and ultimately make determinations regarding
the RPC's recommendations for amendments to the Yakima Urban Area
Comprehensive Plan 2025; and
WHEREAS, an integrated SEPA/GMA final environmental impact statement
for the Yakima Urban Area Comprehensive Plan 2025 was issued and made final on
December 6, 2006; and
WHEREAS, all notice requirements for the adoption of the Yakima Urban Area
Comprehensive Plan 2025 were properly and timely completed; and
WHEREAS, all hearings and meetings necessary for the Council to adopt the
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Yakima Urban Area Comprehensive Plan 2025 were conducted; and
WHEREAS, all , matters material to the issuance of a final environmental
impact statement with respect to Yakima Urban Area Comprehensive Plan 2025
were conducted; and
WHEREAS, Council has been fully advised as to policy recommendations
provided to Council by the RPC as well as to the written comments of the public and
the public testimony that was provided, and openly and publicly considered the
same; and
WHEREAS, the City of Yakima submitted its Yakima Urban Area
Comprehensive Plan 2025 to the Washington State Department of Community,
Trade and Economic Development in accordance with the 60-day review requirement
of RCW 36.70A.106; and
WHEREAS, on December 12, 2006, the City of Yakima adopted the Yakima
Urban Area Comprehensive Plan 2025 under Ordinance No. 2006-62; and
WHEREAS, the adoption of development regulations implementing provisions
of the Yakima Urban Area Comprehensive Plan 2025 was expressly contemplated to
occur following adoption of the same pursuant to a subsequent public participation
and review process; and
WHEREAS, the Yakima Urban Area Comprehensive Plan 2025 retained
existing policies and maps consistent with current implementing development
regulations to maintain consistency with the comprehensive plan notwithstanding an
expectation of future development regulation implementation; and
WHEREAS, the retention of certain provisions of discretionary local
development regulations to preserve current consistency with the comprehensive
plan does not create a status of inconsistency relative to conditional comprehensive
plan materials which contemplate the implementation of future development
regulations; and
WHEREAS, none of the contemplated future development regulation
implementation processes or substance is related to a mandatory GMA planning
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requirement such as critical areas regulations or natural resource lands designations;
and
WHEREAS, revised Critical Areas Ordinances and related development
regulations are expressly contemplated to be updated and adopted in the future; and
WHEREAS, this resolution has been preceded by a duly noticed public
hearing regarding the substance of the same; and
WHEREAS, the Yakima City Council has been fully advised as to any written
comments of the public and any public testimony that has been provided at said
hearing, and has openly and publicly considered the same; and
WHEREAS, the above findings set forth the determinations reached by the
Yakima City Council with regard to the City of Yakima's compliance with its
mandatory GMA review and evaluation process pursuant to RCW 36.70A.130; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
That the City of Yakima has completed all requirements pertaining to updating
its comprehensive plan and development regulations under RCW 36.70A.130.
ADOPTED AT A REGULAR MEETING OF THE COUNCIL OF THE CITY OF
YAKIMA, WASHINGTON, this /qday - /V09y , 2007
ATTEST:
David Edler, Mayor
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of May 1, 2007
ITEM TITLE: Hold a Public Hearing at the Yakima Convention Center to finalize
the comprehensive growth management plan and development
regulations update for the City of Yakima.
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning
Manager (509) 575-6121
SUMMARY EXPLANATION:
This is a . Public Hearing regarding finalizing the comprehensive growth
management plan and development regulations update for the City of Yakima.
GMA requires certain counties and cities to take action to review and, if needed,
revise their comprehensive plans and development regulations according to a
specified schedule; and the City of Yakima was required to perform this task by
December 1, 2006.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: �� J City Manager
STAFF RECOMMENDATION:Approve the resolution to finalize the comprehensive
growth management plan and development regulations update for the City of Yakima
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-63
MEl
TO: Richard Zais, City Manager
Ray Paolella, City Attorney
FROM: William Cook, Community & Economic Development Director
SUBJECT: Status of GMA update deadline compliance
DATE: April 5, 2007
Earlier this week, the City of Yakima received a phone call from the State of Washington
Department of Community, Trade and Economic Development ("CTED"), telling us that
the City is not in full compliance with CTED's interpretation of Growth Management Act
update requirements for development regulation implementation(
Because of CTED's position, the City's entitlement to Public Works Trust Fund monies,
effective immediately, has been called into question. The attached page from CTED's
website provides a current analysis of the rate of GMA "update" compliance for cities
and counties throughout the state.
In 2007, two competitive Public Works Trust Fund applications are planned: L) New
water well in the amount of $2,257,200, and 2.) Grade separation project in the amount of
$3,000,000. 2007 applications for funding must be postmarked no later than May 7,
2007.
Throughout 2006, the City conducted a public review process for its Urban Area
Comprehensive Plan. This review was accomplished in part with funding provided by
CTED. This funding enabled the City to obtain outside expertise for SEPA review and
other plan adoption purposes from the firm of Shockey/Brent, Inc.
During the comprehensive plan update process, staff spoke with CTED about the status
of our work, submitted a draft final product sixty days before adoption, and submitted a
copy of the final product after adoption. On December 12, 2006, the updates to the
Yakima Urban Area Comprehensive Plan were enacted. The revised plan expressly
contemplated that development regulations would be adopted during 2007, and a
consultant agreement for professional services to accomplish the same, paid for by a
CTED grant, has been executed with Shockey/Brent, Inc.
Memorandum: Status of GMA - 1 -
update deadline compliance
In summary, CTED appears to be taking the position that the City'''s failure to update
development regulations by December 31St of last year violates the City's obligation to
have completed its updates of both the comprehensive plan and its development
regulations by the December 2006 deadline.
CTED technical bulletins indicate that a jurisdiction that has not fully completed the
update and implementation process prior to its planning deadline may still retain
eligibility for funding from the Public Works Trust Fund if it is able to demonstrate
"good faith and progress" to move ahead as quickly as possible to be in full compliance
with the GMA.
The City is currently documenting its "good faith and progress" efforts and, through legal
counsel, is also analyzing whether CTED's policy is a technically accurate
implementation of the GMA statutes.
Memorandum: Status of GMA 2
update deadline compliance
CTED does not make an independent determination of when a jurisdiction has completed the
update. A jurisdiction is considered to have completed the process when they have taken
legislative action, via an ordinance or resolution, declaring the update process to be complete.
To date, the number of jurisdictions that have completed, or partially completed, the update
are as follows:
2004 Update
Number
Percentage*
Comprehensive Development
Plan Updated Regulations Updated
106 88
91% 75%
Critical Areas
Ordinance Updated
91
78%
*This is a percentage of all jurisdictions with a 2004 due date. Each total is a
what is adopted from each action.
2005 Update Comprehensive Development Critical Areas
Plan Updated Regulations Updated Ordinance Updated
Number 19 14 12
Percentage* 70% 52% 34%
Update Process
Complete
81
69%
separate total of
Update Process
Complete
11
46%
*This is a percentage of all jurisdictions with a 2005 due date. Each total is a separate total of
what is adopted from each action.
Critical Areas
2006 Update Comprehensive Development Ordinance Updated Update Process
Plan Updated Regulations Updated (Due in 2007) Complete
Number 7 6 6 2
Percentage* 20 17 17 6
Note: Information last updated January 16, 2007.
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GMA Update Deadlines
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2006 I 12007