HomeMy WebLinkAbout06/04/2013 05D Comprehensive Plan Amendment Process; YMC Amendment 1.42.070, 16.10.030, 16.10.060BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
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. 1 30(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. 1 30(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 less 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:
Item Budgeted: NA
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Adopt Ordinance.
ATTACHMENTS:
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End Date:
Amount:
Economic Development
City Manager
ME=
0 Ordinance-Amend Comp Plan Process
ORDINANCE Amend Comp Plan Process SUPPLEMENTED June 4 2013.doc SUPPLEMENTED June 4 2013
ORDINANCE NO. 2013-
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 4th day of June, 2013.
Micah Cawley, Mayor
1
ATTEST:
City Clerk
Publication Date:
Effective Date:
EXHIBIT "A"
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 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.
EXHIBIT "A"
(Changes shown in legislative format)
�.,„ 4 . • • 1111111i 4 I I1111 11�1111 III f...... • 4 • •,.. . • 1
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 Y°rycuired by 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 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.
R
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 16.10.040 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 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 "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, aPA 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 16.10.040 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 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.
M.
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
16.10.030.
(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:
I
(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
(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.
10
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, ^R^° eveFy five eaFs 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 FegieRal planning
commission has announced, at #L& 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 16.10.030.
(3) The following public notice will precede the FegiGRal planning commission
February public meeting:
(a) Not later than twenty days prior to the FegiGRal planning commission
public meeting date, a legal and display ad notice will be placed in the local
newspaper of general circulation announcing the FegigRal 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 FegieRal
planning commission public meeting date, until the date of the FegieRal
planning commission meeting;
(c) The planning staff will notify the local media regarding the regieRal
planning commission public meeting through a prepared press release; and
(d) The planning staff will place the r, giGRal planning commission public
meeting notice on the city of Yakima's web site.
(4) At the r° planning commission's first WOFkiRg GoS meeting, WhiGh
Shall he hold following the last business day in April, the FegieRal planning
commission and planning staff will review docketed comprehensive plan
amendment(s). At such time:
11
(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
(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 Feg+eeal 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.
12
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