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HomeMy WebLinkAbout03/03/2009 00 Distributed by Mike Leita, County Commissioner Overview of • URBAN YAKIMA AREA REGIONAL PLANNING AGREEMENT Adopted: January 25, 1977 Effective: May 1, 1977 Amendment No. 1: June 23, 1980 Amendment No. 2: May, 1982 Amendment No. 3: February 1986 • Amendment No. 4: October 22, 1995 Parties to the Agreement • Yakima County • City of Yakima • Town of Union Gap Purpose of Agreement • To jointly and cooperatively engage in common regional planning within the Yakima Urban Area. Specifics • Establishes the "Yakima Urban Area • Establishes the "Yakima Urban Area Regional Planning Commission (RPC) to draft: o Comprehensive land use plan o Zoning ordinance o Subdivision ordinance • o Urban growth policy • Establishes the "Joint Board for Urban Yakima Area Planning and Development": o Intergovermnental liaison body for matters of mutual interest concerning the planning and development of the Yakima Urban Area. o Generally directs the areas of study and other functions of the RPC. o Reviews recommendations made by the RPC and comments on them as they are submitted to the legislative bodies of Yakima County, Yakima City, and Union Gap. o Prepare and submit to the legislative bodies a proposed annual budget for financing the operations of the RPC and the Joint Board. o Provides a Statement of taxes and assessments to property owners who: • Request sewer service from the City • Indicate desire to form a sewer LID • Have signed Outside Utility Agreement and are requested by the City to annex • Hearings Examiner. Yakima County and City of Yakima will establish a hearings examiner system within the Yakima Urban Area and cooperate in appointing the person to this position. The Yakima Urban Area consists of City of Yakima, Town of Union Gap, and the sul ounding urbanizing portions of the unincorporated area of Yakima County (including West Valley and Terrace Heights). 2 RPC consists of 7 members: 3 appointed by Yakima County; 3 appointed by City of Yakima; 1 appointed by Town of Union Gap. 3 Joint Board consists of 5 members: 2 County Commissioners; 2 City of Yakima Council members; 1 Town of Union Gap Council member. 4 This Statement is to show the property owner the comparative costs and other factors associated with annexing to the City or remaining in the unincorporated area. G: \Long Range \Prgjects \Yakima Urban Arca \Overview of Regional Planning Agrcement.doc Prepared January 3, 2005 cl r /IL d .,:e 0P t.:�,,( 1 ._ 2 . 5 ._ .7 i e atcam;ve Y-(--)7) / ,, - TIIIS TEXT INCLUDES AMENDMENTS AUTHORIZED BY: Text Amendment No. 1 June 23, 1980 • Text Amendment No. 2 May, 1982 wl Text Amendment No. 3 February, 1986 n n ( i J {) P '-61--(A l 1" F00 r•11‘ m (O('(-, ' 2Z ry13) Zl/tdz.: :. _./ % r l r ( • URBAN YAKIMA AREA REGIONAL PLANNING AGREEMENT County of Yakima, City of Yakima, Town of Union Gap THIS AGREEMENT, executed this 25th day of January, 1977) and amended June 23, 1980Iby and between the County of Yakima, Washington, (hereinafter called the County), the City of Yakima, Washington, (hereinafter called the City), and the Town of Union Gap, Washington, (hereinafter { called the Town), all of which are equal opportunity employers, WITNESSETH: WHEREAS, the County, the City and the Town desire to jointly and cooperatively engage in regional planning, including the creation and use of an Urban Area Regional Planning Commission and a regional • comprehensive plan, all under the authority of RCW 36.70.060, and further, wish to provide for the administration of such a regional planning program through a "Joint Board for Urban Yakima Area Planning and Development" under the provisions of this agreement, which is executed pursuant to RCW 39.34, the Interlocal Cooperation Act, now, therefore, The parties agree as follows: • SECTION r - PURPOSE OF AGREEMENT It is the purpose of this agreement, and it is the intent of the parties hereto, to create an Urban Yakima Area Regional Planning Commission to serve, and to act as the long range planning body for the City of Yakima, the Town of Union Gap and a portion of the unincorporated area of Yakima County. The preparation of;a comprehensiye..plan, zoning and subdivision regulations, and all other long range planning functions heretofore performed by separate planning commissions for the parties to this agreement, will henceforth be performed by a common planning..cpmmission for the geographical planningarea established by this agreement, all with the intent of establishing uniformity in land use policies within, and to provide for the planned growth and development of, the Yakima Urban Area. It is also contemplated that the current planning (administrative) activities of the planning commissions ( 7 for Yakima and Yakima County will be transferred to a hearings examiner who will assume responsibility for decisions on rezones and other matters assigned to him by the legislative bodies of tte City and County. SECTION II - URBAN YAKIMA AREA REGIONAL PLANNING COMMISSION CREATED -- MEMBERSHIP A. Regional Planning Commission Created-- MemhernhiO A Yakima Urban Area Regional Planting Commission, hereinafter called the Commission, is hereby created to consist of seven members. Commission members shall be appointed as follows: Three members appointed by the Board of Yakima County Commissioners; Three members appointed by the Yakima City Council; and One member appointed by the Union Gap Town Council.. -1- • • t The only residency requirements for appointment to the commission are that the members live or own property in the Urban Area. The term of office of each Commission member shall be four years or until that member's successor is thereafter appointed; provided, the original terms of the members first appointed shall be staggered so that two members, chosen by lot, shall serve for two years, two members, chosen by lot, shall serve for three years, and the remaining three members shall serve for four years. Commission members may be reappointed to successive terms at the discretion of the appointing legislative body. Successor members of the Commission shall be appointed or reappointed by the same legislative body which appointed the predecessor member. Any commission member may be removed from the Commission by the appointing legislative body for inefficiency, neglect of duty or malfeasance in office without the necessity for a public hearing. In the event a vacancy occurs in any position on the Commission for any reason other than the expiration of the term of appointment, that position shall be filled by the appointment of an interim member for the balance of the unexpired term, such appointment to be made by the legislative body which made the original appointment to that position. B. Compensation Commission members shall serve without compensation for attendance at Commission meetings and • for the performance of other duties incident to membership on the Commission; provided, Commission members shall be entitled to reimbursement for actual travel and other expenses incurred for attending professional seminars or conferences, and for other similar extraordinary expenses, at rates and in amounts approved by the Joint Board in advance of the expenditure, all in accordance with applicable laws. In the event it shall hereafter become lawful for Commission members to be reimbursed for expenses incurred, or on a per diem basis, or otherwise, for attendance at Commission meetings or for the performance of other duties incident to membership on the Commission, the(Joint Board may authorize such reimbursementjwithout further authorization by the legislative bodies of the parties subject, however, to the availability of funds in the Joint Board budget.' — .... . . SECTION III - PURPOSE AND FUNCTIONS OF COMMISSION -- PLANNING AREA DEFINED The Commission created by this agreement shall constitute the planning commission for the City of Yakima, and for that portion of the unincorporated area of Yakima County within the boundaries of the Urban Area, as depicted onExhibit A :attached hereto and by this reference made a part hereof. Subject to the provisions of Section XII of this agreement, the Yakima City Council shall enact appropriate legislation to dissolve its existing planning commission and the Board of Yakima County Commissioners shall enact appropriate legislation to divest the Yakima County Planning Commission of all authority and jurisdiction over and concerning the geographical area within the Planning Area defined by this agreement. The City of Union Gap shall retain its planning commission to make recommendations on.land use matters within its:city limits.; Subject to the provisions of Section XII of this agreement all authority, jurisdiction, and functions • for long range planning previously held, exercised and performed by those separate planning commissions over and concerning any portion of the geographical area within the Urban Area shall be vested in, and shall be held, exercised, and performed by the Commission created by this agreement. Pursuant to RCW 36.70.060, the Commission shall have, within the defined Urban Area, the power, functions, and authority to carry on a complete planning program under the provisions and procedures of RCN Chapter 36.70 and shall have all powers, functions, and authority as would be otherwise imparted and conferred -2- • • on a planning commission under the provisions of that chapter or other law making reference to that chapter. Such authority, jurisdiction and function shall include, but not be limited to, the develop- . ment of a comprehensive land use plan, the development of a zoning ordinance or ordinances, the development of a subdivision ordinance or ordinances, and the development of an urban growth policy, all for consideration by the Joint Board created by this agreement and for prospective adoption by enactment of the legislative bodies of the parties to this agreement. The Commission shall also make recommendations and reports as may be legally required to the legislative bodies of the parties to this agreement, and make such other recommendations and reports as may be requested from time to time by the Joint Board and /or the legislative bodies of the parties. The City of Yakima and Yakima County shall cooperate in appointing a hearings examiner to make current planning decisions within the: Urban Area. The hearings examiner shall conduct such hearings as may be required by law on rezone applications and other proceedings delegated by the legislative bodies in accordance with R.C.W. Chapter 39.34 the Intergovernmental Cooperation Act, and R.C.W. 36.70 and R.C.W. 35A63. Decisions of the hearings examiner shall be appealable to the affected legislative • authority. • The designation by this section of the authority, jurisdiction and functions of the Regional Planning Commission and hearings examiner is not intended to specify each and every attribute of authority and jurisdcition, nor to list each and every function, to be held, exercised, performed or otherwise enjoyed by the Commission, or hearings examiner. Rather, it is the purpose and intent of this agreement to vest in the Commission and hearings examiner all the authority and jurisdiction heretofore held, exercised or otherwise enjoyed by the separate planning commissions of the City and County all under the provisions and procedures of RCW Chapter 36.70. SECTION IV - COMMISSION ORGANIZATION -- MEETINGS The Commission shall elect from its membership a chairman and vice - chairman; and may elect or appoint other officers, adopt written rules for the conduct of its meeting's, and otherwise organize itself as the members deem necessary or convenient from time to time for conducting the business and performing the functions of the Commission. The Commission-.shall hold at least one regular meeting during each month; provided, in the event no matter is pending before the Commission so that no regular meeting is required to be held, the meeting may be cancelled; provided, further, special meetings shall be held inlRoom 420 of the Yakima County Courthouse, unless otherwise provided from time to time by the Commission in accordance with any applicable laws. • • The Joint Board shall provide a recording secretary to the Commission, who shall record written minutes and provide means for making a verbatum transcript of all Commission meetings. A copy of the written minutes of each Commission meeting shall be distributed to each Commission member and to each member of the Joint Board created by this agreement. SECTION V - ADMINISTRATION- -JOINT BOARD A. Joint Board Created -- Membership A'Joint Board for Urban Yakima Area Planning Development, herein called the Joint Board, is hereby created to consist of five members as follows: -3- • • Two members who shall be Yakima County Commissioners: Two members who shall be Yakima City Council, members appointed by the Yakima City Council; and One member who shall be a Union Gap Town Council, member appointed by the Union Gap Town Council. B. Functions of Joint Board The Joint Board shall: 1. Serve as an intergovernmental liaison body for matters of mutual interest concerning the planning and development of the Urban Yakima Area; 2. Generally direct the areas of study and other functions of the Commission. 3. Review recommendations made to it by the Commission and comment on such recommendations as they are submitted to the legislative bodies of the parties of this agreement; 4. Prepare and submit to the legislative bodies of the parties to this agreement a proposed annual budget for financing the operations of the Commission and the Joint Board, all as more specifically provided by Section VI of this agreement. The Joint Board shall furnish a statement of taxesand assessments to any property owner who requests sewer service from the City, indicates a desire to form a sewer LID inside the Urban Boundary or has signed an Outside Utility Agreement and is requested to annex by the City. This statement of taxes and assessments shall show the property owner the comparative costs and other factors associated with annexing to the City or remaining in the unincorporated area. C. Organization of Joint Board The Joint Board shall elect a chairman from its membership, and may otherwise organize itself and adopt such rules as the members deem necessary or convenient from time to time for holding meetings, conducting the business and performing the functions of the Joint Board. The Manager of the City shall arrange for a recording_ secretary to record written minutes of all Joint Board meetings, to prepare an agenda when necessary for Joint Board meetings, and to otherwise perform duties typical for that position. SECTION VI - FINANCING AND BUDGET A. Budget The Joint'Board shall cause to be prepared a proposed annual budget of,revenues and of expenditures . by the Commission and the Joint Board for the ensuing calendar year, and shall submit that proposed budget' to the legislative bodies of the parties in a form and at such a time so that' • the proposed budget may be considered in. conjunction with the preparation of the respective annual budgets by the parties to this agreement and so that appropriations may be made in those respective annual budgets of the parties to finance the operations of the Commission and Joint Board for the ensuing calendar year. Upon approval by the legislative bodies of the parties, and when adopted by the Board of Yakima County Commissioners, the proposed budget shall constitute the annual budget for the Commission and the Joint Board, subject to proposed amendment by .the Joint Board at any time to accommodate revenues and expenditures not contemplated at the time .of the adoption of that budget. Any such proposed amendment, when approved by the legislative bodies of the parties and adopted by the Board of Yakima County Commissioners, all in accordance with applicable budgetary laws, shall constitute the budget for the balance or that year, unless further amended. No expenditure shall be made from that budget unless the item of expenditure is provided for in the budget and each expenditure is specifically approved by the Joint Board. -4- B. Fiscal Administration Upon the appropriation being made in the respective budgets of the parties, the amounts appro- priated shall be deposited with the Yakima County Treasurer in an account designated "Operating Fund of the Joint Board for Urban Yakima Area Planning and Development ", who shall administer the fund in accordance with this agreement and applicable laws. C. Acquisition and Disposition of Property The parties do not contemplate the acquisition of real property by, or for the use or benefit of the Commission or Joint Board, nor are any capital expenditures of any nature contemplated by this agreement. It is contemplated that any expenditures from the budget for the acquisition of property will be limited to the purchase of office and clerical items and supplies in such quantities and amounts so as to be susceptible to the prorata disposition and return to the parties in proportion to the amounts of budgetary appropriations made and contributed by each party, according to the budget of the Joint Board for the original purchase thereof; and the parties therefore agree that in the event of the termination of this agreement under circumstances which require the disposition of any such property, it shall be disposed of in that manner. . Any unencumbered money remaining in the Joint Board operating fund on the effective date of termination of this agreement shall be disbursed to the parties, pro rata, in proportion to the amounts of budgetary appropriations made and contributed to that fund by each party according to the budget of the Joint Board for that current year. • D. Grants The Joint Board and Commission are authorized to -receive grants -in -aid from, or enter into reasonable agreement with any department or agency of the government of the United States or of the State of Washington to arrange for the receipt of federal funds and state funds for planning in the interests of furthering the planning program. SECTION VII - PLANNING STAFF At present, the City and County Planning staffs shall be maintained. Each Planning Department will continue to provide staff support on land use proposals within their respective jurisdictions. The planning staff for the City shall be solely responsible for performing staff functions affecting only that portion of the Urban Area within the corporate limits of the City. The planning staff for the County will be responsible for performing staff functions affecting only that portion of the unincorporated Urban Area. This arrangement shall not preclude future consideration of staff con- solidation. The County and the City shall each designate one person from their respective planning staffs to serve as liaison between the planning staffs of the County and City to coordnate staff efforts and activities related to the execution of this agreement. Planning staff functions affecting that portion of the Planning Area within the corporate limits of Union Gap shall be performed by such means as shall be determined by the Union Gap Town Council. -5- • • • SECTION VIII - CODE ENFORCEMENT- -BOARD OF ADJUSTMENT A. Code Enforcement This agreement shall not alter or otherwise affect existing means and methods of enforcing zoning codes and other land use regulations, subdivision codes, building codes, and other laws, rules and regulations by the parties to this agreement. B. Board of Adjustment No regional board of adjustment is created or contemplated by this agreement. Each party may create or retain its existing board of adjustment to exercise the authority vested in such boards, and to otherwise function, according to applicable laws. SECTION IX - DISSOLUTION OF PROVISIONAL PLANNING COMMISSION The Provisional Planning Commission appointed pursuant to the "Urban Yakima Area Planning and Development Agreement ", dated November 12, 1974, executed by the parties to this instant agreement, is hereby dissolved. SECTION X - DURATION OF AGREEMENT -- TERMINATION A. Duration This agreement shall be of continual duration with no fixed term and with no specified time of expiration. B. TERMINATION This agreement may be terminated by the joint concurrence of any two parties to this agreement. In such event, the two parties which concur in such termination shall notify the legislative body of the third party,. in writing, that the agreement will be terminated on the date specified in the notice which termination date shall not be less than 180 days subsequent to the time such notification is given. In the event of such termination, the Joint Board shall continue in existence for so long as may be necessary to dispose of any property and to otherwise wind • up the financial affairs and any other unfinished business of the Joint Board. In the event any one party desires to withdraw from this agreement, that party shall notify the Joint Board, in writing, of that party's intention to so withdraw. Such notice shall be given not later than September 1 of any year to be effective on January 1 of the following year. Such withdrawal by a party shall terminate its right to representation,of the Commission and the Joint Board, the membership of which bodies shall be reduced accordingly. SECTION XI - LEGISLATIVE AUTHORITY NOT DELEGATED This agreement is not intended as a limitation, or delegation to any person or body, of the legislative authority of the respective parties to this agreement; and the parties understand and agree that the execution of this agreement does not relieve any party from any obligation or res- ponsibility imposed on it by law except to the extent that the actual and timely performance thereof is accomplished by the performance of this agreement. • -6- • SECTION XII - EFFECTIVE DATE - TRANSITION A. Effective Date This agreement shall become effective on May 1, 1977. B. Transition The parties recognize that a transition period will occur from the time of the effective date of this agreement until all necessary legislation is enacted and all procedures are established to fully implement this agreement. The parties agree to perform all the acts required of them by this agreement for its implementation by enacting legislation and otherwise performing the obligations and undertakings of this agreement in a spirit of mutual cooperation to the end that this agreement will be fully implemented according to its spirit and intent, as well as its express terms and provisions, as expeditiously as reasonably possible. As soon as reasonably possible after the execution of this agreement, the members of the Regional Planning Commission shall be appointed as provided by this agreement; however, the existing separate planning commissions of the parties shall remain in existence and shall continue to perform their existing functions and exercise their existing authority and juris- diction except for the development and recommendation of a comprehensive land use plan; a zoning ordinance or ordinances, a subdivision ordinance or ordinances and an urban growth policy for the Planning Area defined by this agreement. Upon its appointment, the Regional Planning Commission thereafter, and for a period of time necessary to accomplish the development of a comprehensive land use plan, a zoning ordinance or ordinances, a subdivision ordinance or ordinances and an urban growth policy for the Planning Area, shall have the authority and jurisdiction to develop and recommend such plan, ordinance and policy, pursuant to those notice, hearing and other requirements of law governing the parties to this agreement for recommendation to and considera- tion by the Joint Board and for prospective adoption by enactment of the legislative bodies of the parties to this agreement. When such legislation has been enacted so as to provide substantially uniform plan, ordinances and policy for the Planning Area, the City of Yakima shall enact appropriate legislation to dissolve its existing planning commission and Yakima County shall divest its planning commission of jurisdiction in the Urban Area and by appropriate legislation shall vest in the Regional Planning Commission all authority, jursidiction and functions for long range planning previously held, exercised and performed by those separate planning commissions over and concerning any portion of the geographical area within the Planning Urban Area. The City of Union Gap shall retain its Planning Commission to make recommendations on ,land use issues within its "City Limit's` :, Nothwithstanding the other provisions of this section and this agreement, the City of Yakima and County of Yakima may adopt and implement within their jurisdictions an Urban Area Zoning Ordinance and subdivision ordinance upon completion and adoption of (1) Urban Area Growth Policy and (2) Urban FINN. Area Comprehensive Land Use Plan. Development of a permanent uniform subdivision for the Urban Area yi . • will continue to be pursued for ultimate adoption in accordance with the other terms and conditions of this Agreement. The City and County shall also enact appropriate legislation to establish a hearing examiner system within the Yakima City Limits and the unincorporated portion of Yakima County within the Urban Area. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written, that being the date of execution hereof by the last signatory hereto. -7- COUNTY OF YAKIMA, WASHINGTON, a municipal corporation. • ( ) C hairman • • Me mber • Member Signed this 4 .%.iday of ( .7 i el ( .1977. • a / Board of Yakima County Commissioners ATTEST: Deputy Auditor and Deputy Clerk • CITY OF YLKIMA, WASHINGTON, a municipal corporation 7./ . B.? • Signed this of „ <i4.4 Mayor ATTEST: ("- •- • • City Clerk • " TOM4 OF UNION GAP, WASHINGTOU, a municipal corporation. Bv: / • Signed this...:24day Mayor ATTEST: ) , • _ City Clerk • • —8— L::Il11 T YAICIMA URBAN AREA As amended'by Text Amendment No. 2 Play, 1982 f /f. As amended by Text Amendment No. 3 February, 1986 o ' l .. ��. ilk Ll Scenic Drive \ __ : • ill _ 11111 .•:.,. . ,. �. ��, .� Ter heigh Drive - MEM 1111 IPP ili 3\''\' ..: \,,„ 1 G un Club Road 3 . IL.= - Nob Hill Blvd. ‘.‘ "" • o _�_ o V) Zier Road 11111 iii a 7 7 -) Washington Ave. r 1 ', i t, Occidental Avenue 0 ,iI ,•,..), co • „..„,....„,,,,J . mil 1 Lower Ahtanum Road •--.. \ , txx-va ., ' \::\'''': . • S i•