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HomeMy WebLinkAboutR-2004-122 Amendment to Capital Facilities Element of Yakima Urban Area Comprehensive Plan (re: REET 2 / arterial street maintenanRESOLUTION NO. R-2004- 122 A RESOLUTION to initiate consideration of an amendment to the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan, in conjunction with other associated capital facilities planning documents, to provide for the use of Second Quarter Percent Real Estate Excise Tax (REET 2) funds for Arterial Street maintenance and the paving of gravel streets. WHEREAS, the Yakima City Council established a citizen advisory committee entitled the Capital Facilities Committee in June of 2002 to study and recommend options for financing needed improvements to Arterial Streets and the paving of gravel streets. On July 1, 2003 this Committee recommended the City enact the Second Quarter Percent Real Estate Excise Tax as one method to finance these public improvements; and WHEREAS, the City of Yakima adopted the Second Quarter Percent Real Estate Excise Tax on October 21, 2003 after public testimony received during public hearings on September 2, 2003 at 2:00 p.m.; September 16, 2003, at 7:30 a.m. and September 30, 2003 at 7:00 p.m.; and WHEREAS, the 2004 City of Yakima Budget, adopted on December 16, 2003, by Ordinance No. 2003-73 includes the authorization and appropriation of funds collected from the Second Quarter Percent Real Estate Excise Tax into a separate and dedicated account, as required by RCW 82.46.035(4). Additionally, Resolution No. R-2003-136 directed consideration of the project and financing options into the Updates of the Comprehensive Plan, the Transportation Plan, and the Capital facilities Plan; and WHEREAS, the "City of Yakima Capital Facilities Plan, 1996-2001," adopted into the Yakima Urban Area Comprehensive Plan on April 1, 1997, describes the condition of city streets, including the presence of gravel and dirt streets or alleys, many of which have been incorporated into the city maintenance system largely through annexations (page 29, Transportation Capital Facilities). Transportation Funding Options are listed on page 37 of the Capital Facilities Plan including the recommendation for adopting the Second Quarter Percent Real Estate Excise Tax; and WHEREAS, the Yakima Urban Area Comprehensive Plan describes the general location, distribution and intensity of land uses within the Urban Area, as well as population densities and future growth potential. The Capital Facilities Element of the Comprehensive Plan summarizes specific projects and funding programs for necessary public facilities including Transportation improvements and air quality measures. Consistency between the various required elements of the Comprehensive Plan, including the Capital Facilities Plan, is one of the basic tenets of the Washington State Growth Management Act; and WHEREAS, the Yakima Urban Area Comprehensive Plan identifies as a primary objective to Protect and Improve Local and Regional Air Quality (Page II -49), including policies that support the cooperation with the Yakima Clean Air Authority to coordinate air quality programs and implementation measures. Transportation alternatives are evaluated in the Comprehensive Plan for affect on congestion and air quality (page V-10); and WHEREAS, the public health and air quality benefits of paving gravel streets has been widely documented and broad public support given during public hearings for the need to mitigate and reduce related dust emissions from unpaved streets; and WHEREAS, the funding capacities and identified sources for financing of necessary capital facilities, including transportation projects, is a core requirement of the Washington State Growth Management Act (GMA), as expressly described in RCW 36.70A.070(6); and WHEREAS, GMA allows for the amendment of the capital facilities element of a comprehensive plan to occur more frequently than once per year, if such an amendment occurs concurrently with the adoption or amendment of a city budget, pursuant to RCW 36.70A.130(2)(a)(iii); and WHEREAS, Yakima Municipal Code (YMC) section 16.10.035 provides that consideration of any such amendment as may comply with RCW 36.70A.130(2)(a)(iii) shall be initiated by resolution, following which public notice of such a proposed amendment shall occur; and WHEREAS, an amendment to the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan, in conjunction with other associated capital facilities planning documents, to allow for the use of REET 2 funds as described herein, provided that any such amendment is adopted concurrently with the adoption or amendment of the City budget, constitutes an amendment authorized by RCW 36.70A.130; and WHEREAS, the importance of public health and air quality benefits and the ability to provide for a timely and predictable process for capital facilities planning for the City of Yakima renders it detrimental to the public interests for this amendment to be deferred until the next annual comprehensive plan amendment cycle; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. That the City Council hereby finds that the following proposed amendment to the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan, in conjunction with other associated capital facilities planning documents, constitutes an amendment authorized by RCW 36.70A.130, and that waiting to consider such proposed amendment until the next amendment cycle would be detrimental to the public's interests. 2. That consideration of an amendment to the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan, in conjunction with other associated capital facilities planning documents, is hereby initiated, which amendment for consideration is currently proposed as follows: 2 That the Yakima Capital Facilities Plan Page 124, "Financing Policies/Responsibilities — Capital Improvements" shall be amended to read as follows: Item 6. Second 1/4% real estate excise tax, authorized by the Growth Management Act, is projected to be $18 million applied to transportation improvements and the paving of gravel streets over the Capital Facilities Plan planning period. 3. That City staff shall identify and comply with methods to assure public notice of, and an opportunity for public participation in, the consideration of the amendment described herein, giving due weight to public notice and public participation in the consideration of this amendment which may have occurred prior to the date hereof. 4. That following public notice and an opportunity for public participation in the consideration of the amendment described herein, said amendment shall be presented to the Yakima City Council for final action concurrently with the adoption or amendment of the City of Yakima budget. ADOPTED BY THE CITY COUNCIL this 3rd day of August 2004. ATTEST: 2 X24-G-titJ__. City Clerk 3 ._.t_AfR- Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13X For Meeting of: August 3, 2004 ITEM TITLE: Consideration of a Resolution to initiate a Capital Facilities Plan/Comprehensive Plan Amendment Process SUBMITTED BY: Chris Waarvick, Director of Public Works Shelley Willson, Streets and Traffic Operations Manager CONTACT PERSON/TELEPHONE: Chris Waarvick, 576-6411 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution beginning the amendment process for the Capital Facilities Plan (and by extension, the Comprehensive Plan) with regard to Second Quarter Percent Real Estate Excise Tax (REET 2) projects. On July 20, 2004, City Council adopted legislation amending YMC Chapter 16.10 to clarify procedural aspects of amending the City's Comprehensive Plan and Capital Facilities Plan. This resolution begins a process required under the state Growth Management Act (GMA)(RCW § 36.70A.130). (Continued on next page.) Resolution X Ordinance _ Other (Specify) Contract _ Mail to (name and address): Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached resolution beginning the public notice and consideration process for a Yakima Comprehensive Plan and Capital Facilities Plan amendment. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted RESOLUTION NO. 2004-122 Amendment Process August 3, 2004 Page two Following approval of this resolution, staff will ensure that the public processes contemplated in GMA and in YMC § 16.10.070 are appropriately implemented. The resolution contains a summary of the notice and public process already completed. Additional future notices may include, as applicable, notices in the local newspaper, posting on the City website, notices to normal reviewing agencies and interested parties, CTED notice, public hearings, public meetings and City Council Study Sessions. Once these public notice tasks are completed, staff will then return to Council with an ordinance amending the Capital Facilities Plan; which, by extension, amends the City's Comprehensive Plan. The ordinance will be concurrent with an associated appropriation ordinance. An important decision process for REET 2 implementation begins upon approval of the "REET 2" Capital Facilities Plan resolution. When the ordinance amending the Capital Facilities Plan is brought back to Council in the near future, Council will be advised as to the amount of REET 2 collected, year-end estimates, and, as City Council directed, a list of projects for Council consideration and approval will be provided. Once the Council approves the list of projects and amends the 2004 Budget, the REET 2 resources can be used.