HomeMy WebLinkAbout04/06/2010 17 Establish City of Yakima Planning Commission; YMC Amendments to Title 1, Title 14, Title 15, Title 16 •
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For meeting of: April 6, 2010
ITEM TITLE: Consideration of Ordinance amending various sections of
the Yakima Municipal Code Title 1; Title 14; Title 15 and Title
16 to establish the City of Yakima Planning Commission,
replacing the Regional Planning Commission
SUBMITTED BY: William R. Cook, Director Community and Economic
Development
CONTACT PERSON /TELEPHONE: Joan Davenport, Planning Manager (576 -6417)
SUMMARY EXPLANATION:
As a result of the County Resolution 401 -2009, on January 1, 2010 Yakima County withdrew
from the Yakima Urban Area Regional Planning Agreement, thereby ending over 32 years of
• cooperative planning in the Yakima Urban Area and the Regional Planning Commission. By
Resolution, in December 2009, the City of Yakima authorized the members of the Regional
Planning Commission to serve as the interim City Planning Commission in order to complete the
review of items currently pending and until such time that a City Planning Commission can be
appointed.
The only remaining work item of the (former Regional) Planning Commission is the West Valley
Neighborhood Plan, which is estimated to be completely reviewed by May 2010.
Therefore, it is now time to create and appoint a City of Yakima Planning Commission. The
attached ordinance requires members to be city residents and establishes 6 year terms, with a
staggered initial appointment process.
Ordinance X Other (Specify) _
Funding Source
APPROVED FOR SUBMITTAL: ` -- I7-=, City Manager
STAFF RECOMMENDATION: Adopt the Ordinance
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Regional Planning
Commission reviewed this item at their March 24, 2010 meeting.
• COUNCIL ACTION: .
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ORDINANCE NO. 2010 -
AN ORDINANCE relating to establishing the "City of Yakima Planning Commission" to
replace the Yakima Urban Area Planning Commission, deleting
references to it and to the Urban Yakima Area Regional Planning
Agreement; and specifically amending Yakima Municipal Code Title 1,
Chapter 1 42, Planning Commission, sections 1 42 005, 1.42.010,
1 42 020, 1 42 025, 1.42.026, 1.42.027, 1 42 030, 1 42 050 and 1.42.070,
Title 1, Chapter 1.43, Hearing Examiner, section 1.43.180, Title 14,
Chapter 14.05, General Provisions, section 14.05.070, Title 15, Chapter
15.20, Administration, sections 15 20 030, 15.20.050 and 15 20 060; Title
15, Chapter 23, Amendments and Rezones, sections 15.23.020 and
15 23 030; Title 15, Chapter 15 31, Institutional Overlay, section
15 31 030, Title 16, Chapter 16 03, Project Permit Applications, section
16.03.010, Title 16, Chapter 1610, Comprehensive Plan Amendment
Procedures, sections 16.10.030, 16 10 070, 16 10 080, 16.10.090 and
16 10 100
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 1 42 of Chapter 1 of the City of Yakima Municipal Code is hereby
amended to read as follows
Agreement" dated January 25, 1977, by and between the city of Yakima, the
amended to date or as hereafter amended. (Ord. 2918 § 3 (part), 1986)
1.42.010 Planning commission — Authority. • The e - e. e : - -- •- - ---- - --- -- - - - ---
-- • • - - - - - - • - - - - -- • •• - • e -- -City of Yakima Planning
Commissionand shall have the full authority and jurisdiction to perform
all acts, duties and functions which are either required of or imparted or conferred
on a pPlanning eCommission by law or ordinance Provided, any duties or
functions of a-the pPlanning Commission which are conferred on the office of
hearing examiner shall be performed by such examiner
1.42.020 Organization and procedures.
The commi Commission shall perform its duties and functions as the
Planning Commission of the eCity of Yakima under the
provisions and procedures of RCW Chapter 36 -035 63 and the Yakima urban
procedural basis of the .. - ... •• •• . . -
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1.42.025 Membership — Appointment — Terms.
A The City Planning Commission shall consist of seven members appointed
by the mayor and confirmed by the City Council. The term of office for the first
appointive members appointed to the City Planning Commission shall be
designated from one to six years in such a manner as to provide the fewest
possible terms will expire in any one year Thereafter the term of office for each
appointive member shall be six years
B. Vacancies occurring otherwise than through the expiration of terms shall
be filled for the unexpired term Members may be removed, after public hearing,
by the mayor, with the approval of the City Council, for inefficiency, neglect of
duty or malfeasance in office.
C The members of the City Planning Commission shall be selected without
respect to political affiliation and they shall serve without compensation
D No person shall serve more than two consecutive terms, provided a
person appointed to fill an unexpired terms of less than two years is eligible to
serve two successive six -year terms, and provided further, a person who is
ineligible to serve for having served two consecutive terms may again serve after
two years have elapsed from the end of the second such term.
1.42.026 Residence of members.
No person shall hold the office of member of the City Planning Commission
unless that person is a resident of the City The office of member of the City
Planning Commission shall become vacant upon such member ceasing to reside
in the City
1.42.027 Vacancy filling — Unexpired terms.
Vacancies occurring otherwise than through the expiration of terms shall be filled
- - . - — by appointment as provided in YMC
1 42 025
1 42 030 Duties.
The duties of the commis ion City Planning Commission shall be as set forth in
RCW Chapter 36 7035 63 060, thc Yakima urban ar a regional g
agreement, by eCity ordinance, or as may be assigned or requested from time to
time by the eCity eCouncil Such duties include, but are not limited to
1 Serving as the long -range planning body for the City of YakimaYakima urban
area-and-the city of Yakima;
2. Monitor the growth and development of the City and of thc Yakima urban
area and continually reevaluate and recommend to the ;City Council revisions
to the comprehensive plan and zoning ordinance for - - - - - - - - • - - - - -
the ,.City,
3 Develop and recommend to the City < Council a subdivision ordinance for
- - - _ . _ _ - - _ _ - e the Ceity and revisions thereto,
4 Investigate and make recommendations on other land use matters either as
may be requested by the eCity cCouncil or on its own initiative,
5 Study and report on all proposed text changes to land use ordinances;
6 Advise the GCity GCouncil on land use matters;
7 Monitor the hearings of the hearing examiner in order to staff -- remain
informed on development activities, public concerns of thc public, and the
decisions of the hearing examiner,
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8. Such other planning functions as authorized or required by law or ordinance
or as requested or assigned by the cCity cCouncil
- - - .e.- - - - - ' - 2.1 - - 'C. - . - -e- ' - - !A
-gee - - - • - —e.- - - - • 11 --e - - - - - - - - - - • city council on July 6, 1993 (Resolution R 93 70), will serve as the and use
planning framework and basis for the Yakima urban area comprehensive plan
1.42.070 Yakima urban area comprehensive plan— Adoption and
amendment procedures.
A Plan Adoption. The 1997 2006 Yakima Urban Area Comprehensive Plan
( "the plan ") as adopted by City Council Resolution 2006 -62, including subsequent
amendments, shall be the official Comprehensive Plan for the City of Yakima.
shall consist of the November, 1996, Yakima urban area comprehensive plan
recommended changes, and the Terrace Heights neighborhood plan
recommended by the regional planning commission on February 23, 1999, and
. - . .. - - •• - • _ • - _ - • The Comprehensive pPlan 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
RCW Chapter 36 70A RCW.
B Plan Amendments. Requests for amendments to the Yakima urban area
comprehensive plan may be submitted at- ntimein accord with YMC 16 10.030,
and will be docketed to - befor reviewed and acted upon once per year as required
by 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 Ddepartment of eCommunity and r- Economic
dDevelopment, along with the required application fee, for review by the Yakima
urban ar a regional planning commissionCity Planning Commission. The
commission 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 Yakima cCity eCouncil
and board of Yakima county commissioners The eCity eCouncil shall hold at
least one public hearing on the commic.cion's City Planning Commission's
recommendation The eCity eCouncil may refer any proposed amendment back
to the –City Planning Commission for further consideration and
recommendation en. The eCity eCouncil may amend the plan or
reject any proposed amendments subsequent to the eCity eCouncil 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
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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 affect the validity or constitutionality of
any other section, clause or phrase of the adopted Yakima urban area
comprehensive plan
F Revival of 1981 1997 Plan Upon Invalidation In the event that the 1997
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 ' s 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
Section 2 Section 1 43 180 of the City of Yakima Municipal Code is amended to read
as follows.
1.43.180 Annual report.
The examiner shall report in writing to and meet with the fegie
comnaiss+enCity Planning Commission and sCity sCouncil at least annually for
the purpose of reviewing the administration of the sCity's land use policies and
regulating ordinances The report shall include a summary of the hearing
examiner's decisions since the prior report
Section 3. Section 14.05 070 of the City of Yakima Municipal Code is amended to read
as follows:
14 05 070 Amendments.
A The e e-- e _ - _ _ _ • •• e - City Planning Commission shall consider in
public hearing any proposed amendments to, or the repeal of, this title and
submit a recommendation thereon to the Yakima cCity sCouncil Public notice of
the hearing before the regional planning commi&cion City Planning Commission
shall be provided in the following manner
1 By publication of at least one notice not less than ten calendar days prior to
the public hearing in the official city newspaper
2 Additional notice shall be given to individuals and organizations which have
submitted written requests for notice by mailing of a notice not less than ten
calendar days prior to the public hearing
B The Yakima cCity sCouncil shall consider in public hearing any proposed
amendments to, or repeal of, this title along with the recommendation of the
- e . . . . . . . . 0 i t y • * Planning Commission thereon. Public notice
of the hearing before the sCity eCouncil shall be given in the same manner as for
the - - - - - - e -e • •• e -City Planning Commission hearing
Section 4 Section 15 20.030 of the Yakima Municipal Code is amended to read as
follows.
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15.20.030 Planning department -- Duties and powers.
A The planning department shall have the following powers and responsibilities.
1. Issue certificates of zoning review under the provisions of this title,
2. Receive, record and file all applications for permits, approvals or other action,
including class (2) and (3) review, and applications for appeals, interpretations,
variances and rezones,
3 Review and decide modifications to approved class (2) and (3) uses and
existing class (1), (2) and (3) uses under the provisions of Chapter 15 17;
4 Provide staff support to the - . - - . . . . . . 0 i t y Planning
Commission on all long range planning matters and proposed ordinance
amendments,
5. Immediately change the official zoning map to accurately reflect any
amendments made by official action of the legislative body;
6 Provide staff support to the hearing examiner, and legislative body,
7. Perform any other act or duty authorized or assigned to it under the provisions
of this title,
8 Maintain the official index of all permits and approvals under this title
Section 5. Section 15 20 050 of the Yakima Municipal Code is amended to read as
follows
15 20.050 Hearing examiner -- Duties and powers.
A. Office The office of hearing examiner, herein referred to as hearing
examiner, is hereby recognized The hearing examiner shall perform the duties
and functions established by this or any other title. Unless the context requires
otherwise, the term hearing examiner as used herein shall include deputy
examiners and examiners pro tem. The hearing examiner shall be jointly hired
and appointed by the City of Yakima and Yakima County
B Authority and Duties The examiner shall receive and examine available
information, conduct public hearings and keep a record thereof, and enter
decisions as provided for herein.
C. Effect of Decisions
(1) The decision of the hearing examiner on the following matters shall be final
unless such decision is appealed to the legislative body pursuant to section
15 16 040
a. Class (3) review decisions;
b. Variance requests,
c. Home occupations,
d. Revocation proceedings under Chapter 15.24 of this title,
e. Nonconforming uses;
f Appeals of decisions by the building official or administrative official; and,
g Any other authorized decision not expressly listed in subsection C2 of this
section
(2) The decision of the hearing examiner on rezone applications shall constitute a
recommendation to the legislative body Provided, that rezone applications
initiated by the city City or county to implement a newly adopted or amended
comprehensive plan or which are of broad general applicability shall be heard by
- _ _ _ . . . . . . . . . . .: - t h e City Planning Commission
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Section 6 Section 15.20.060 of the Yakima Municipal Code is amended to read as
follows
15.20.060 mat— City of Yakima Planning
Commission.
A Establishment and Jurisdiction. The regional planning commis✓Fon was
established by the Yakima urban ar a regional planning agreement in 1977 The
City Planning sCommission is organized under RCW Chapter 3035.63 and
serves as a citizen advisory group to the legislative bodies on long range
planning matters.
B. Authority and Duties
1 As the long -range planning body for the City of Yakima, the
- : e-. - _ • - • : .: •• • : • City Planning Commission shall monitor the
growth and development of the Yakima urban ar aCity of Yakima and continually
reevaluate and recommend revisions to the Yakima urban ar °City of Yakima
comprehensive plan and this title,
2 Investigate and make recommendations on other land use matters either
requested by the elected officials or upon its own initiative,
3. Study and report on all proposed text amendments to this title,
4 Review and report to the joint board at least once every five years
commencing on the date of enactment of this title This five year report shall
a Analyze the extent to which development has actually occurred in the Yakima
an a-reaCity of Yakima and evaluate this title in terms of its ability to guide
growth in conformance with the Yakima urban aroaCity of Yakima
comprehensive plan,
b Recommend any changes in the zoning map which may be required in order
to accommodate expected residential, commercial and industrial development in
the Yakima urban area over the next 20 years,
c Analyze the need for any other regulations imposed by this title in terms of
changed conditions since the last review,
5. Advise the legislative body on land use matters,
6 Monitor the hearings of the hearing examiner in order to stay informed on
development activities, the concerns of the public, and the decisions of the
hearing examiner,
7 Perform any other function authorized by law.
Section 7 Section 15.23.020 of the Yakima Municipal Code is amended to read as
follows
15.23.020 Text amendments.
A Initiation An amendment to the text, standards, procedures or other
provisions of this title may be initiated by action of the legislative body with
jurisdiction or the - : e- - _ • - -. _. •• •• . -City Planning Commission.
B Action by the Legislative Body Any amendments in this title shall be by action
of the legislative body with jurisdiction after a recommendation thereon from the
- : - - - . . . . . . . . . . . . .0 i t y Planning Commission. Such action shall occur
in accordance with the procedures set forth in RCW Chapter 366-7035 63 as it
now exists or is hereafter amended
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Section 8 Section 15 23 030 of the Yakima Municipal Code is amended to read as
follows •
15.23.030 Rezones -- Zoning map amendments.
A Initiation An amendment to the zoning map may be initiated by.
1 Resolution of the legislative body with jurisdiction or the
City Planning Commission, or
2. A rezone application filed by the property owner(s)
B Application All rezone applications shall be filed with the planning department
The planning department shall process the application under the provisions of
Section 15 11 080 The application shall include the information required in
Section 15 11 030 and the signature of the owner(s) of the property
C Public Hearing by the Hearing Examiner Upon receipt of a complete
application for a rezone, the planning department shall forward the application to
the hearing examiner for public hearing and review Provided, that rezone
applications initiated by the cCity or county to implement a newly adopted or
amended comprehensive plan, or which are of broad general applicability shall
be heard by the r- _ ' e - . - . . . . . . . . . . . . .0 i t y Planning Commission under
the provisions of RCW Chapter 36-7-035 63. The public hearing shall be held and
notice provided under the provisions of Chapter 15 11 090. The applicant shall
appear in person or by agent or attorney Failure to do so shall constitute
sufficient cause for continuance or denial of the requested action Other parties
may appear in person or by agent or attorney, or may submit written comments.
D Recommendation by the -: -_ : _•- -: _:•• -• .e -City Planning
Commission. The -e e-. : - - - - - -- •• •• ': -City Planning Commission, may
if requested by the hearing examiner, submit a recommendation on the proposed
rezone to the hearing examiner prior to the issuance of his decision. The
recommendation of the regional planning commi - cionCity Planning Commission
shall in no way be binding on the heanng examiner.
E Decision by the Hearing Examiner. Within ten days of the conclusion of the
hearing, unless a longer period is agreed to in writing by the applicant, the
examiner shall issue a written recommendation to approve, approve with
conditions or deny the proposed rezone The recommendation shall include the
following considerations:
1. The testimony at the public hearing,
2 The suitability of the property in question for uses permitted under the
proposed zoning,
3 The recommendation from interested agencies and departments,
4 The extent to which the proposed amendments are in compliance with and /or
deviate from the goals and policies as adopted in the Yakima urban area
comprehensive plan and the intent of this title,
5 The adequacy of public facilities, such as roads, sewer, water and other
required public services,
6 The compatibility of the proposed zone change and associated uses with
neighboring land uses, and,
7 The public need for the proposed change
Notice of the hearing examiner's recommendation shall be mailed to the
applicant at the address provided on the application form The decision of the
hearing examiner on rezone applications shall constitute a recommendation to
the legislative body
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F. Action by the Legislative Body Upon receipt of the hearing examiners
recommendation on a proposed rezone, the legislative body shall hold a public
meeting and affirm or reject the hearing examiners decision
The legislative body shall conduct its own public hearing when it rejects the
recommendation of the hearing examiner or desires additional public testimony
Notice of the public hearing shall be given in the manner set forth in Section
15 11 090 In either case, the findings of the legislative body shall include the
considerations established in subsection (E) of this section
G. Time Limit and Notification Proposed amendments shall be decided by the
legislative body as soon as practicable and the applicant shall be notified in
writing whether the rezone has been granted or denied
Section 9. Section 15 31 030 of the Yakima Municipal Code is amended to read as
follows.
15 31 030 Review process.
The institutional overlay zone and master development plan shall be reviewed
using the review process described in YMC 15 23 030, and as further specified
herein Upon filing of a valid rezone application and completion of the required
environmental review process, the planning department shall forward the rezone
application, together with its recommendation, to the hearing examiner to
conduct a public hearing and review in conformity with YMC 15 23 030 Prior to
said hearing a recommendation will be obtained from the regional pla a-g
City Planning Commission The decision of the hearing examiner
shall be in the form of a written recommendation to the legislative body pursuant
to YMC 15 23 030(E)
Section 10. Section 16 03 010 of the Yakima Municipal Code is amended to read as
follows.
16 03.010 Determination of review procedure.
A Determination by Director The director or his /her designee shall determine
whether any proposed project is exempt from the procedures of this title, should
any clarification be necessary
B Master Application Process An application that involves two or more
procedures including SEPA compliance may be consolidated and processed
simultaneously, including combined notices, staff reports and hearings if
necessary
C The applicant may determine whether such an application shall be
consolidated or processed separately
D Decision - maker(s) Applications processed in accordance with subsection B
of this section shall be consolidated for hearing by the highest level decision -
maker(s) City of Yakima decision- makers are ranked as follows. the eCity
eCouncil is the highest, followed by the hearing examiner or the regional planning
City Planning Commission as applicable, and then the director or
his /her designee.
Section 11 Section 16.10.030 of the Yakima Municipal Code is amended to read as
follows.
16.10.030 Procedures.
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(1) Annually, the sCity sCouncil shall open the comprehensive plan amendment
process and the - c- - . . . . .- C i t y 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
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 Section 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
- - - - • •• e •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
- :e- - - - • • : - •• •• : -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 regienal-p-lann+ng
commissionCity Planning Commission shall invite public comment regarding
docketed amendment(s) concurrently with the notice announcing the regional
planning commis✓ionCity 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 regional planning commi.vonCity 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 sCity sCouncil
Section 12 Section 16.10.070 of the Yakima Municipal Code is amended to read as
follows
16.10.070 Comprehensive Plan Amendment procedures
Public 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
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calculated to give interested parties, the general public, and government
agencies a meaningful opportunity to be apprised 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) A general mailing to interested parties,
(b) Posting on the c:City of Yakima's web site,
(c) Posting the property with signage, for which a future land use map
amendment has been submitted and docketed,
(d) Notice in the local newspaper of general circulation at least twenty days prior
to any public hearing and as may be otherwise required by RCW Section
36 70 39036 70A 035, or as the same may be hereafter amended;
(e) Announcements on Yakima public affairs channel (YPAC) of scheduled public
hearings,
(f) Press releases to the local media,
(g) Posting of information at the . _ _ - _ • - - _ - -e _
d+v+sionPlanninq and Code Administration Division and sCity eClerk's offices, in
addition to other GCity eClerk designated locations,
(h) Notice by general mailing to property owners located within five hundred feet
of external property line boundaries designated in a particular amendment
application,
(i) Notification to reviewing agencies as may be established by Washington State
Department of Community Trade and Economic Development pursuant to RCW
Section 36 70A 03 . _ ' - - - _ e• _ e._ .
(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 g
City 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) r •e e• _ _ • _ _ _ - •- e -City Planning Commission meeting agenda, if
applicable,
(f) The applicant's written narrative, as supplied pursuant to YMC Section
16 10 050,
(g) An eight and one -half inch by eleven -inch black and white area map
indicating the current future land use designation, if applicable, and,
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(h) An eight and one -half inch by eleven -inch black and white area map
indicating the proposed future land use designation, if applicable
Section 13 Section 16 10.080 of the Yakima Municipal Code is amended to read as
follows.
16.10.080 City of Yakima Planning
Commission recommendation(s).
To provide for the opportunity of citizens, interested parties and reviewing
agencies to review the recommendation of the -e *•- e -•• • e -e•••• e • City
Planning Commission to the joint meeting of the °City GCouncil and Yakima
County commissioners regarding comprehensive plan amendments, the
following procedures shall apply
(1) The -_ z-- _ _ •_ _. ••• e - City Planning Commission shall provide a
recommendation on each docketed amendment proposal with findings of fact to
support each recommendation based on the approval criteria set forth in YMC
Section 16 10 040, and,
(2) The planning staff shall notify the public of the regional planning
secnifirssre Planning Commission recommendation by the following process
(a) Not later than twenty 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
GCouncil and Yakima County commissioners' public hearing,
(b) An announcement will run on Yakima public affairs channel (YPAC) electronic
bulletin board not later than fourteen days before the joint City GCouncil and
Yakima County commissioners' public hearing date until the date of the joint
City Council and Yakima County commissioners' public hearing;
(c) The planning staff will notify local media outlets regarding joint r 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.
Section 14. Section 16 10 090 of the Yakima Municipal Code is amended to read as
follows
16.10.090 Joint GCity GCouncil and Yakima GCounty commissioners public
hearing.
At a joint meeting of the °City GCouncil and Yakima eCounty commissioners, the
two elected bodies will review the - e e • _ e _ - - - e _ e •• •• .e• City Planning
Commission recommendations regarding any docketed comprehensive plan
amendments and hold a public hearing 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
eCounty commissioners on the recommendations of the regional planning
City Planning Commission will be promulgated by the eCity °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 joint City Council and Yakima County
commissioners' public hearing,
(b) A copy of the agenda item; and,
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(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 hearing, 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 Section 16 10 040
(4) At a subsequent = City Council meeting, the eit e
O C
q Y C C
9 Y Council shall enact an
ordinance adopting their decision reached at the joint °City °Council and Yakima
County commissioner's public hearing Following °City eCouncil 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 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
Section 15. Section 16 10.100 of the Yakima Municipal Code is amended to read as
follows
16 10 100 Implementation and application of comprehensive plan
amendment procedures for the year 2004.
Upon the passage, approval, and publication of the ordinance codified in this
chapter, and for calendar year 2004 only, the amendment process shall be
deemed open for all pending applications and for all applications received by the
last business day in April, 2004, without otherwise requiring announcement from
the regional planning commission as contemplated in YMC Section 16 10 030
and YMC Section 16 10 060 Publication of the ordinance codified in this chapter
shall be deemed sufficient notice to the public that the amendment process for
calendar year 2004 is open _All other notice obligations required by this chapter
shall remain in full force and effect during the 2004 amendment cycle
Section 16 If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
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Section 17 This ordinance shall be in full force and effect 90 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 day of April, 2010.
Micah Cawley, Mayor
ATTEST
Deborah Kloster, City Clerk
Publication Date.
Effective Date
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