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:
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City Clerk
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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.