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HomeMy WebLinkAbout2013-021 Comprehensive Plan Amendment Process; YMC Amendment 1.42.070, 16.10.030, 16.10.060 ORDINANCE NO. 2013 -021 AN ORDINANCE relating to comprehensive plan amendment process; amending Sections 1.42.070, 16.10.030 and 16.10.060 of the Yakima Municipal Code regarding procedures for amendment of the Yakima Urban Area Comprehensive Plan. WHEREAS, the City Council has previously adopted ordinances establishing procedures and process for amendments to the Yakima Urban Area Comprehensive Plan ( "comprehensive plan "), codified in pertinent part in Sections 1.42.070, 16.10.030 and 16.10.060 of the Yakima Municipal Code; and WHEREAS, the City Council finds and determines that amendment of such sections is necessary and appropriate to clarify procedures relating to the process for amendment of the comprehensive plan to retain compliance with state law and consistency among municipal code provisions; and WHEREAS, the City Council finds and determines that Section 1.42.070 YMC should be amended as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein; that Section 16.10.030 YMC should be amended as shown and set forth in Exhibit "B" attached hereto and by this reference incorporated herein; that Section 16.10.060 YMC should be amended as shown and set forth in Exhibit "C" attached hereto and by this reference incorporated herein; and that such amendments are in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.42.070 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. Section 16.10.030 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "B" attached hereto and incorporated herein. Section 3. Section 16.10.060 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "C" attached hereto and incorporated herein. Section 4. 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. PASSED BY THE CITY COUNCIL, signed and approved this 4 day of June, 2013. 64, Micah Cawl , Mayor a., EST: % • •• •• " % h� v City Clerk '�,` ■ 1 ' � y y #, .1 Publication Date: June 7, 2013 ,(0 , Effective Date:July 7, 2013 1 EXHIBIT "A" 1.42.070 Yakima urban area comprehensive plan— Adoption and amendment procedures. A. Plan Adoption. The Yakima urban area comprehensive plan ( "the plan ") shall consist of Yakima Urban Area Comprehensive Plan 2025, adopted by Ordinance No. 2006 -62 on December 15, 2006, the Terrace Heights Neighborhood Plan adopted on June 4, 1999, and the West Valley Neighborhood Plan, as adopted. The plan and its elements and plans including those incorporated by reference are hereby adopted as the official comprehensive land use plan for the city of Yakima, as required by Chapter 36.70A RCW. B. Plan Amendments. Requests for amendments to the Yakima urban area comprehensive plan may be submitted in accord with YMC 16.10.030, and will be docketed for review and acted upon as provided in RCW 36.70A.130. Proposed amendments shall be considered concurrently to ascertain the cumulative effect of the various proposals. Initial adoption of subarea plans and the adoption or amendment of a shoreline master program are not subject to the docketing requirement, and may be considered independently of the annual amendment process. Amendments to the plan may also be considered whenever an emergency exists, or to resolve an appeal of the plan filed with the Eastern Washington Growth Management Hearings Board, following appropriate public participation. C. Amendment Review Process. Proposed amendments to the plan shall be submitted to the city of Yakima department of community and economic development, along with the required application fee, for review by the city planning commission. The city planning commission shall hold at least one public hearing to receive public testimony on proposed amendments, and shall forward its recommendation regarding proposed amendments to the city council. The city council shall hold at least one public hearing on the city planning commission's recommendation. The city council may refer any proposed amendment back to the city planning commission for further consideration and recommendation. The city council may amend the plan or reject any proposed amendments subsequent to the city council public hearing. D. Existing Land Use Regulatory Ordinances Remain in Effect. All existing land use regulatory ordinances and land use controls shall remain in effect, including Title 15, Yakima Urban Area Zoning Ordinance; city of Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88, Environmental Policy; and YMC Chapter 11.58, Flood Damage Prevention, until such time that these ordinances are amended. Future land use decisions shall be based upon these ordinances, as periodically amended. E. Severability. If any section, sentence, clause or phrase of the adopted Yakima urban area comprehensive plan should be held to be invalid or unconstitutional by any 2 body or court with authority and jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of the adopted Yakima urban area comprehensive plan. F. Revival of 1997 Plan upon Invalidation. In the event that the 2006 Yakima urban area comprehensive plan, or any portion thereof, is invalidated by the Eastern Washington Growth Management Hearings Board, or any other body or court with authority and jurisdiction, the 1997 Yakima urban area comprehensive plan, or the relevant portions thereof, shall be revived and shall be in effect until a new comprehensive plan, or new relevant portions, are established. 3 EXHIBIT "A" (Changes shown in legislative format) 1.42.070 Yakima urban area comprehensive plan— Adoption and amendment procedures. A. Plan Adoption. The Yakima urban area comprehensive plan ( "the plan ") shall consist of Yakima Urban Area Comprehensive Plan 2025, adopted by Ordinance No. 2006 -62 on December 15, 2006, the Terrace Heights Neighborhood Plan adopted on June 4, 1999, and the West Valley Neighborhood Plan, as adopted. The plan and its elements and plans including those incorporated by reference are hereby adopted as the official comprehensive land use plan for the city of Yakima, as required by Chapter 36.70A RCW. B. Plan Amendments. Requests for amendments to the Yakima urban area comprehensive plan may be submitted in accord with YMC 16.10.030, and will be docketed for review and acted upon once per yaar as reguc red provided in RCW 36.70A.130. Proposed amendments shall be considered concurrently to ascertain the cumulative effect of the various proposals. Initial adoption of subarea plans and the adoption or amendment of a shoreline master program are not subject to the docketing requirement, and may be considered independently of the annual amendment process. Amendments to the plan may also be considered whenever an emergency exists, or to resolve an appeal of the plan filed with the Eastern Washington Growth Management Hearings Board, following appropriate public participation. C. Amendment Review Process. Proposed amendments to the plan shall be submitted to the city of Yakima department of community and economic development, along with the required application fee, for review by the city planning commission. The city planning commission shall hold at least one public hearing to receive public testimony on proposed amendments, and shall forward its recommendation regarding proposed amendments to the city council. The city council shall hold at least one public hearing on the city planning commission's recommendation. The city council may refer any proposed amendment back to the city planning commission for further consideration and recommendation. The city council may amend the plan or reject any proposed amendments subsequent to the city council public hearing. D. Existing Land Use Regulatory Ordinances Remain in Effect. All existing land use regulatory ordinances and land use controls shall remain in effect, including Title 15, Yakima Urban Area Zoning Ordinance; city of Yakima official zoning map; Title 14, Subdivisions; YMC Chapter 6.88, Environmental Policy; and YMC Chapter 11.58, Flood Damage Prevention, until such time that these ordinances are amended. Future land use decisions shall be based upon these ordinances, as periodically amended. E. Severability. If any section, sentence, clause or phrase of the adopted Yakima urban area comprehensive plan should be held to be invalid or unconstitutional by any body or court with authority and jurisdiction, such invalidity or unconstitutionality shall not 4 affect the validity or constitutionality of any other section, clause or phrase of the adopted Yakima urban area comprehensive plan. F. Revival of 1997 Plan upon Invalidation. In the event that the 2006 Yakima urban area comprehensive plan, or any portion thereof, is invalidated by the Eastern Washington Growth Management Hearings Board, or any other body or court with authority and jurisdiction, the 1997 Yakima urban area comprehensive plan, or the relevant portions thereof, shall be revived and shall be in effect until a new comprehensive plan, or new relevant portions, are established. 5 EXHIBIT "B" 16.10.030 Procedures. (1) Annually, the city council shall decide whether to open or forego opening the comprehensive plan amendment process pursuant to RCW 36.70A.130, and, by motion or resolution, declare its decision. In the event the city council decides to open the comprehensive plan amendment process, the city planning commission shall hold a public meeting in February to announce that the comprehensive plan amendment process is open to accept applications. At that time, the city 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 16.10.050 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 city 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 appropriate application forms. The city 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 city planning commission shall invite public comment regarding docketed amendment(s) concurrently with the notice announcing the city planning commission public hearing at which proposed amendments will be reviewed. (7) Additional documentation may be needed to address public facilities and services elements that may be necessary for a proposed amendment. Examples of such services may include water, sewer, storm drainage, transportation, police and fire protection, and schools. Planning staff will assist applicants in identifying additional documentation necessary to enable appropriate review. (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), Chapter 43.21 C RCW, and Chapter 6.88 YMC. (b) The city planning commission shall set dates for work sessions on docketed item(s) prior to setting the city planning commission public hearing date(s). (9) No comprehensive plan amendment applications shall be docketed after the last business day in April, unless directed by the city council. 6 • EXHIBIT "B" (Changes shown in legislative format) 16.10.030 Procedures. (1) Annually, the city council shall decide whether to open or forego opening the comprehensive plan amendment process pursuant to RCW 36.70A.130, and, by motion or resolution, declare its decision. In the event the city council decides to open the comprehensive plan amendment process, and the city planning commission shall hold a public meeting in February to announce that the comprehensive plan amendment process is open to accept applications. At that time, the city 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 16.10.04 -50 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 city 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 appropriate application forms. The city 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 city planning commission shall invite public comment regarding docketed amendment(s) concurrently with the notice announcing the city planning commission public hearing at which proposed amendments will be reviewed. (7) Additional documentation may be needed to address public facilities and services elements that may be necessary for a proposed amendment. Examples of such services may include water, sewer, storm drainage, transportation, police and fire protection, and schools. Planning staff will assist applicants in identifying additional documentation necessary to enable appropriate review. (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), Chapter 43.21C RCW, and Chapter 6.88 YMC. (b) The city planning commission shall set dates for work sessions on docketed item(s) prior to setting the city planning commission public hearing date(s). (9) No comprehensive plan amendment applications shall be docketed after the last business day in April, unless directed by the city council. 7 EXHIBIT "C" 16.10.060 Timing of amendments. (1) The comprehensive plan shall be amended no more often than once per year and no less often'than as provided in RCW 36.70A.130, as now existing or as hereafter amended, 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 planning commission has announced, at its 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 applications 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 16.10.035. (3) The following public notice will precede the planning commission February public meeting: (a) Not later than twenty days prior to the planning commission public meeting date, a legal and display ad notice will be placed in the local newspaper of general circulation announcing the planning commission February meeting; (b) An announcement will run on Yakima public affairs channel (YPAC) electronic bulletin board not later than fourteen days before the planning commission public meeting date, until the date of the planning commission meeting; (c) The planning staff will notify the local media regarding the planning commission • public meeting through a prepared press release; and (d) The planning staff will place the planning commission public meeting notice on the city of Yakima's web site. (4) At the planning commission's first meeting following the last business day in April, the 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 days prior to final adoption of said amendment proposal; and 8 (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 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 days after the final adoption of the ordinance. 9 EXHIBIT "C" (Changes shown in legislative format) 16.10.060 Timing of amendments. (1) The comprehensive plan shall be amended no more often than once per year and no less often than as provided in RCW 36.70A.130, as now existing or as hereafter amended, oncc evcry 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, ate its 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 applications 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 16.10.0305. (3) The following public notice will precede the regional planning commission February public meeting: (a) Not later than twenty 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 days before the regional planning commission public meeting date, until the date of the regional planning commission meeting; (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's first working scasion meeting, which shall be held following the last business day in April, 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; 10 (b) The Washington State Department of Community Trade and Economic Development shall also receive notification of any specific amendment proposal at least sixty 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 days after the final adoption of the ordinance. 11 ,r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. 5 For Meeting of: 6/4/2013 ITEM TITLE: Ordinance amending Sections 1.42.070, 16.10.030 and 16.10.060 of the Yakima Municipal Code pertaining to amendment of comprehensive plan. SUBMITTED BY: Steve Osguthorpe, AICP, Director of Community Development Department SUMMARY EXPLANATION: State law requires cities subject to the requirements of the Growth Management Act to review and revise as necessary their comprehensive plans. RCW 36.70A.130(2)(a) provides that such review, by cities, shall occur "no more often" than once per year, with a mandate for cities within Yakima County to conduct such review and amendment on or before June 30, 2017 and every eight years thereafter. RCW 36.70A.130(5)(c). Current City code at YMC 1.42.070(B) and YMC 16.10.030(1), contrary to state law provisions, mandates opening of the amendment process each year. Moreover, these code sections are contradicted by YMC 16.10.060(1), which provides that the amendment process shall be amended " no more often than once per year and no Tess often than once every five years." In accordance with the requirements of state law and the amendment processes of other cities within the state, such provisions have been construed to enable the City Council to forego opening of the amendment process in any one year, so long as the state mandated minimum amendment requirement is met. The attached Ordinance amends YMC 1.42.070, YMC 16.10.030 and YMC 16.10.060 to clarify the comprehensive plan amendment process. The new language includes a mechanism requiring the City Council each year to take action, by motion or resolution, either to open or forego opening the amendment process for that year. In order to achieve compliance with the amendment schedule, the Council motion or resolution will be scheduled for action each year in January or early February to allow the Planning Commission to schedule and hold its public hearing announcing the opening of any Council initiated amendment process for that year. The amendment to YMC 16.10.060 brings consistency to the requirement that the comprehensive plan be amended on or before June 30, 2017 and every eight years thereafter (per RCW 36.70A.130). Resolution: Ordinance: X Other (Specify): Contract: Contract Term: • Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: S1rategic Priority: Economic Development Insurance Required? No Ma il to: Phone: APPROVED FOR S1I BMITTAL: City Manager RE OMMENDATION: Ad apt Ordinance. ATTACHMENTS: Narne: Description: Ordinance -Amend Comp Plan Process OR[)INANCE Amend Comp Plan Process SUPPLEMENTED June 4 2013.doc SUPPLEMENTED June 4 2013 Distribute at t Meeting � Phil Hoge 1512 Folsom Ave. Yakima, WA 98902 June 4, 2013 Yakima City Council 129 N. Second Street Yakima, WA 98901 Re: June 4, 2013 Public Hearing on Draft Six -year TIP Dear Council: As one of many citizens that participated several years ago in the city's comprehensive plan update, which was adopted by the council in 2006, 1 am interested to see that the comprehensive plan is implemented and does not simply take up space on the shelf. Having particularly participated with the city's Bicycle Pedestrian Advisory Committee in reviewing the plan's Transportation Element, I offer the following comments with the hope of ensuring that the comp plan will continue to be implemented with respect to projects that should include bicycle and pedestrian transportation facilities: Priority Project Identification Comment Number 2 64th Avenue Roadway Widening The city's comprehensive plan: From Nob Hill Blvd to Tieton Dr o designates this road as a Type 2 Bicycle Facility (Map VI- 2). It should be designed accordingly. • Adopted by reference the Greenway Master Plan, which identifies a regional north -south pathway connecting to the Cowiche Canyon. A pathway along this road should be included, as indicated in the West Valley Neighborhood Plan (Map 9). 11 48th Avenue The city's comprehensive plan designates this road, between Tieton Drive and Nob Hill Blvd. as a Type 2 Bicycle Facility (Map VI -2). It should be designed accordingly. 13 Zier Road Design should consider that the West Valley Neighborhood Plan designates a Type 1 Bicycle facility on Zier Road west of this segment, recognizing the schools in the area and medium density land use designation on adjacent land. 15 & 55 H Street Include pathway as contemplated by Map VI of the city's comprehensive plan. This pathway is envisioned as an extension to connect the Powerhouse Canal Pathway and William O. Douglas Pathway to Terrace Heights and the Greenway Pathway. Page 2 June 4, 2013 26 66th Ave. The city's comprehensive plan adopted by reference the Greenway Master Plan, which identifies a regional north - south pathway connecting to the Cowiche Canyon. A pathway along this road should be included, as indicated in the West Valley Neighborhood Plan (Map 9). 45 Tieton Dr. & 64th Ave. I/S See Comments for Priority Number 2. Improvements 48 Lincoln Ave. Corridor Safety Include sidewalk on the north side of Lincoln between N. 23`d Improvements Ave. and 201h Ave. where it is currently missing to fill in the From N. 32nd Ave. to N. 5th Ave. gap in the Powerhouse Canal Pathway in this vicinity. If I can be of any assistance in this matter, please feel free to contact me. Sincerely, t Phil Hoge