HomeMy WebLinkAbout11/17/2015 05G City Urban Growth and Development Master Agreement with Yakima CountyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5. G.
For Meeting of. November 17, 2015
ITEM TITLE: Resolution authorizing an Master Interlocal Agreement with Yakima
County which updates and continues to provide a management
structure for growth within the City's Urban Growth Area
SUBMITTED BY: Joan Davenport, Community Development Director
Jeff Peters, Supervising Planner - 509 -575 -6163
SUMMARY EXPLANATION:
As a requirement of the Washington State Growth Management Act, Yakima County and the incorporated
cities are required to maintain the "Countywide Planning Policies" as well as enter into Interlocal Agreements
that implement these policies. Over this year, City of Yakima staff has cooperatively worked with Yakima
County to review and revise these County Wide Policies to meet the needs of both City and County, which
has resulted in the proposed Interlo c al Agreement which will promote inter jurisdiction cooperation, and
continue to provide a management structure for growth and development that is coordinated and meets the
goals and policies of the Growth Management Act for years to come. The County Wide Planning Policy
document was last amended in 2003.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted: NA
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
Ordinance:
Contract Term:
End Date:
Amount:
Public Trust and Accountability
APPROVED FOR &EJ SUBMITTAL: City Manager
RECOMMENDATION:
Adopt the accompanying resolution authorizing the City Manager to execute the Master Interlocal Agreement.
ATTACHMENTS:
Description Upload Date Type
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RESOLUTION NO. R -2015-
A RESOLUTION authorizing the City Manager to execute a Master Interlocal
Agreement between the City of Yakima and Yakima County which
updates and continues to provide a management structure for
growth and development that is coordinated and meets the goals
and policies of the Growth Management Act for development
occurring within the City's Urban Growth Area.
WHEREAS, the Washington State Legislature in 1991 changed the way
comprehensive land use planning is carried out in the state, requiring that counties and
cities update their comprehensive land use plans to be consistent with state wide goals,
and to coordinate their planning efforts with one another; and
WHEREAS, also in 1990, the legislature passed RCW 36.70A.210 requiring
counties and cities to coordinate the development of local comprehensive plans through
as set of mutually developed County Wide Planning Policies; and
WHEREAS, in 1993 Yakima County and the City of Yakima jointly developed their
county wide planning policies titled Master Interlocal Agreement For Growth Management
Act Implementation in Yakima County; and
WHEREAS, both the City and County updated the Yakima County -wide Planning
Policies in 2003; and
WHEREAS, over the past twelve years there have been significant changes in
state law, the City's Urban Growth Area which includes the adoption of the West Valley
Neighborhood Plan, Terrace Heights Neighborhood Plan, and the continued coordination
towards of the development of the City of Yakima's 2040 Horizon Comprehensive Plan;
and
WHEREAS, both City and County staff have held multiple meetings to
cooperatively review and revised the County Wide Policies to meet the needs of both the
City and County; and
WHEREAS, the City Council finds and determines that approval of such interlocal
agreement is in the best interests of residents of the City of Yakima and will promote
interlocal cooperation, and continue to provide a management structure for growth and
development that is coordinated and meets the goals and policies of the Growth
Management Act; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The "Master Interlocal Agreement For Growth Management Act Implementation in
Yakima County" between City of Yakima and Yakima County for management of growth
and development within the City of Yakima's Urban Growth Area," a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby
approved; and the City Manager is hereby authorized to execute and administer such
agreement; now, therefore,
ADOPTED BY THE CITY COUNCIL this 17th day of November, 2015.
ATTEST:
City Clerk
Micah Cawley, Mayor
Exhibit "A"
Master Interlocal Agreement
CITY OF YAKIMA
SEPI42015
OFFICE OF CITY COUNCIL
BOARD OF • •
UNMRIA
r
September 21, 2015
City of Yakima
Attn: Mayor Micah Cawley
129 N. 2 "d Street
Yakima WA 98901
Re: Approval of Updated Master Interlocal Agreement
Dear Mayor Cawley:
IIIIIIIIIIIII.f7irslAffna J1
CITY LEGAL DEPT.-
Over the last 8 months, Yakima County and each of the fourteen cities and towns has been working
diligently on updating the Master Interlocal Agreement for Growth Management Act Implementation
in Yakima County. The overall intent of the update was to make the Master Interlocal Agreement more
user friendly, better reflect current Growth Management Act requirements and to establish clearer
management structure for growth and development within the unincorporated Urban Growth Areas.
The collaborative process used to update the Master Interlocal Agreement was very successful and
should prove beneficial for future cooperative planning efforts between Yakima County and your
jurisdiction.
Enclosed with this letter is a copy of final updated Master Interlocal Agreement. The Master Interlocal
Agreement needs your jurisdiction's final approval and signature. After the Master Interlocal
Agreement is approved and signed, please return the signature page to our office. Once all signatures
are gathered, Yakima County will sign the agreement and provide a final approved copy to each
jurisdiction.
Respectfully,
K cv J, I' t u J rey, Commissioner
( ",ol ) 110601 g hr. P rand of Comnh, Commissioners
for 1"44,into . :o4, 1)+ Washington
128 North Second Street • Yakima, Washington 98901 • 509 - 574 -1500 • FAX: 509 -574 -1501
MAST R INTERLOCAL AGREEMENT
FOR GROWTH MANAGEMENT ACT IMPLEMENTATION
IN YAKIMA COUNTY
ky-11A.Reluo
1. PREAMBLE
A. Purpose .............. ...........................................................
..............................1
B. Background ......... .........a.,,.,....,,............. ............,.,.......,..
.....m........................2
Il. AGREEMENT
A. Parties to Agreement ............ ............................... ........
.................... ......,.,.3
B. Authority .................. ........................,.,.... ....,...., ,..............,..
.........,...........3
C. Objectives ..... .... ............ ............................. ........ ................
.....................3
D. Cooperative Planning System ...........................................
..............................4
E. Planning Implementation ............................. ......... ........
..............................5
F. Infrastructure Services and Level of Service ,„ ....................
........,....,......,.,..,..••8
G. Annexation ........ ............................... ........... ................
.............................12
H. Sub- Agreements ........... ............................... ..... ...............................
.........14
I. General Provisions ,.....,......... ............. ... „, ............... ,.. ..............
....... .....,...15
III. SIGNATURES
I. PREAMBLE
A. PURPOSE
The primary purpose of this Agreement is to provide a management structure
for growth and development occurring in Urban Growth Areas (UGAs) to
ensure that coordinated Growth Management Act (GMA) goals will be met, In
areas that are outside of city limits but within the UGA, the County continues
to have legal jurisdiction but both the County and respective City have
interests. The purpose of UGA designation is to target these areas for urban
growth and urban levels of services, and eventual annexation or
incorporation, Consequently, the County and cities' must have coordinated
visions for urban density land use in these areas with appropriate
development standards to assure consistency with the GMA. This Agreement
is intended to meet the objectives of the GMA, set out processes for
coordination of planning, provide public improvements, and to clarify
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administrative and development processes for citizens, the Cities and the
County.
B. BACKGROUND
Outlined below are statute, regulation, and agreements that provide the
framework for this Agreement.
1, Growth Management Act
The enactment of GMA by the Washington State Legislature in 1990
fundamentally changed the way comprehensive land use planning is
carried out in the state. The GMA requires that counties and cities update
their comprehensive land use plans consistent with statewide goals and to
coordinate their planning efforts with each other.
2. County -wide Planning Policies (CWPPs)
To assure that this coordination is carried out, the 1991 Legislature
passed companion legislation (RCW 36.70A.210) requiring counties and
cities to coordinate the development of local comprehensive plans through
a set of mutually developed CWPPs.
Following review and recommendation by the Cities, the CWPPs were
adopted by the Board of Yakima County Commissioners in June 1993 and
updated in 2003. This agreement implements the Yakima County -wide
Planning Policies (CWPP) as adopted by Yakima County and its cities.
3. Urban Growth Areas
The GMA states that urban growth should first be located in areas already
characterized by urban growth that have adequate existing public facility
and service capacities to serve such development, second in areas
already characterized by urban growth that will be served adequately by a
combination of both existing public facilities and services and any
additional needed public facilities and services that are provided by either
public or private sources, and third in the remaining portions of the urban
growth areas. [RCW 36.70A.110(3)]
Therefore, the CWPPs include specific policies to encourage growth in
UGAs and discourage urban growth outside of these areas. Also, these
policies strive for development within UGAs in a logical fashion outward
from the edge of developed land in conjunction with the provision of
infrastructure and urban services.
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4. Provision of Services within UGAs
The GMA recognizes that, in general, the Cities are the units of
government most appropriate to provide urban governmental services.
RC"WJ'' 36.70A110 (4). This preference does not preclude provision of
services by other providers, but suggests if all factors were equal in an
evaluation of potential service, the City is the preferred provider of urban
governmental services.
II. AGREEMENT
A. PARTIES TO AGREEMENT
This Agreement is entered into individually between. Yakima County
(hereinafter referred to a$ the "County ") and each of the following
municipalities. the Cities of Grandview, Granger, Mabton, Moee, Selah,
Sunnyside, Tieton, Toppenish, Union Gaps Wapato, Yakima and Zillah, the
Towns of Harrah and Naches (hereinafter referred to as the "City" or "Cities ").
B. AUTHORITY
This Agreement constitutes an exercise of authority granted to the Cities and
the County under Chapter 39.34 RCW, the Interlocal Cooperation Act, and
Chapter 36.70A, the Growth Management Act. Copies of this Agreement and
any sub - agreements shall be filed by Yakima. County with the Yakima County
Auditor and the Washington State Department of Commerce.
C. OBJECTIVES
The objectives of this Agreement are:
1. To implement the provisions of GMA and the CWPPs, including
facilitation of urban growth within UGAs, while maintaining consistency
with the County's and City's comprehensive plan.
2. To assure allowable growth and development within UGAs is clearly
understood by the Cities, the County, other service providers and
citizens in these areas.
3. To assure that the policies and procedures leading to such
development are clearly defined.
4. To define responsibility for the provision of urban services and the level
of service to be provided.
5. To assure communication among the Cities, the County and citizens
as planning, growth, and development decisions are made.
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6. To use decision- making processes that are consistent with the
County's and City's responsibilities, and which consider the long term
objectives, plans and development standards of the Cities.
7, To provide for common and joint processes of the Cities and the
County to foster overall operational partnership, efficiency, and unified
policy and direction.
8. To assure that public participation processes targeting property owners
and residents of affected UGAs areas are undertaken as this
Agreement is implemented.
9. To encourage economic development with a balanced application of
the goals, policies, and strategies of the various comprehensive plans.
10, To establish the protocols and responsibilities for developing and
maintaining the common system for data collection and analysis.
D. COOPERATIVE PLANNING SYSTEM
UGA Boundaries
The record of official UGA boundaries designated by the County
pursuant to the Growth Management Act shall be maintained as a part
of the future land use map in the County's adopted comprehensive
plan. Copies of the official UGA boundary shall be provided to the
City. Cities shall notify the County of any disparities.
The County adopts UGA boundaries consistent with the provisions of
the Growth Management Act, CWPPs, YCC Title 16B.10 and this
Agreement.
2. Urban Growth Area Future Land Use Designations
To ensure consistency between future land use designations and
zoning for property within unincorporated urban growth areas not
covered by adopted subarea plans, the County will adopt common
future land use designations for those properties and zone them
accordingly. The plan designations and zoning within these areas will
be determined in a coordinated effort between the County and each
city as part of the scheduled County -wide UGA updates process, set
forth in YCC Title 16B.1O and this Agreement. The County will ensure
that land use designations and zoning for property within
unincorporated urban growth areas covered under an adopted subarea
plan are consistent with the applicable subarea plan.
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The Cities may provide the County with pre - zoning map(s) during the
County -wide UGA update process depicting the City's preferred zoning
for the unincorporated portions of their respective UGA. Said pre-
zoning shall be consistent with comprehensive plan land use
designations. When utilized, the pre - zoning map shall serve as an
indication of the City's intentions with respect to land uses in the area
upon annexation, and shall be considered by the County when making
revisions.
E. PLANNING IMPLEMENTATION
Since UGAs are intended to accommodate urban growth and eventually be
part of cities, a mechanism is needed to assure that planning and permitting
decisions of the County are generally consistent with the planning objectives
and development standards of the Cities.
Amending Urban Growth Boundaries
Urban Growth Areas are intended to implement the planning goals of
the Growth Management Act (GMA), C WPPs and the planning and
land use objectives of adopted comprehensive plans by encouraging
development in urban areas where adequate public facilities and
services exist or as documented in each jurisdictions capital facilities
plan. To implement the goals of this Agreement, all jurisdictions shall
adhere to the following requirements for the review of urban growth
areas and amendments to the boundaries:
a. Urban Growth Boundary Amendment Cycle
Yakima County shall conduct a county -wide UGA review
according to the schedules established in YCC Title 166.10.040
(5), or at a minimum the timeframes established under RCW
36.70A.130.. Cities may request amendments to UGA
boundaries outside of the county -wide UGA review schedules
listed above under the emergency amendment process allowed
under RCW 36.70A. 1 30(2)(b).
Emergency amendment requests must be made in writing to the
Board of Yakima County Commissioners and if accepted, the
proposed amendment will be evaluated based on the criteria
and requirements under YCC 16B.10, this Agreement and the
most recent LCA information and population allocations used by
the County during the most recent UGA review process.
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b. Population Allocations
The baseline for the twenty -year County -wide population
forecasts shall be based on the State of Washington's Office of
Financial Management (OFM) 20 -year GMA population
projections. The population forecasts will be allocated to the
Cities and the unincorporated urban areas by Yakima County, as
set forth in YCC 16B.10.040 and the GMA.
C. Buildable Lands Model (BLM)
The BLM allows local jurisdictions to compare anticipated
growth against actual development over time to determine if
there is enough suitable land inside the UGA to accommodate
the growth anticipated during the remaining portion of the 20-
year planning period and if jurisdictions are achieving their
adopted urban densities inside urban growth areas. This
process may be used by Yakima County if determined
necessary.
d. Land Capacity Analysis (LCA)
The LCA is to establish an objective approach by which to
determine the current supply of land and how much population
and development each jurisdiction can expect to accommodate
under current zoning and development regulations in the
existing incorporated and unincorporated UGAs. Yakima
County shall conduct the LCA, using the LCA methodology
outlined in the Yakima County Comprehensive Plan Land Use
Element, YCC 16B.10.095 (2), the CWPPs and this Agreement.
e. Capital Facilities Planning
Cities must submit an adopted Capital Facilities Plan that
includes any capital assets that are needed to accommodate
future growth within the proposed or existing urban growth area
as part of any UGA update process. To determine what is
needed, the levels of service (LOS) standards for transportation
facilities must be identified. LOS standards on other capital
facilities are strongly encouraged. This should be consistent
with the �0 -year planning horizon and the densities and
distribution of growth identified during the UGA update process.
This forecast must include those capital facilities required by
RCW 36.70A that are planned to be provided within the
planning period, including the general locations and anticipated
capacity needed. The lack of an adopted Capital Facilities Plan
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for any proposed expansion area or areas currently within an
urban growth area indicates that the area is not ready for urban
growth and that the proposal will be denied or the area will be
removed from the UGA.
2. Amending Urban Growth Area Future Land Use Designations and
Zoning Districts
a. Future Land Use Designation Amendments
Amendment requests to change future land use designations for
properties located within unincorporated urban growth areas will
be accepted by the County during the scheduled biennial
amendment cycle, set forth in YCC 16B.10, Amendment
requests by property owners and/or jurisdictions will be
evaluated based on the criteria and requirements under YCC
16B.10 and this Agreement.
Future land use, designations and zoning for properties located
within unincorporated urban growth areas were developed as
part of a coordinated effort between Yakima County and the
cities during the county-wide UGA review process. Therefore, if
a property owner requests a future land use designation
amendment outside of the scheduled five year UGA review
process Yakima County will notify the applicable city of the
proposed amendment request for their recommendation. The
city's recommendation will be forwarded to the Yakima County
Planning Commission and to the Board of Yakima Colun
Commissioners for consideration as part of the legislative
•,•^
amendment review pirocessi, Amendment reuests by prrty
owners and/or jurisdictions outside • a scheduled county-wide
UGA review •
process will be evaluated based on the criteria and
requirements under YCC 16B.10, this Agreement and the most
recent LCA information and population allocations used by the
County during the most recent UGA review process.
Amendments to future land use designation for property located
within the unincorporated urban growth area, must refer to the
applicable County Future Land Use/Zoning Consistency Table
to determine whether the desired plan designation is consistent
with the plan designation as shown in the County Future Land
Use Consistency Table.
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b. Zoning District Amendments
Property owners wishing to rezone land within the unincorporated
urban growth area to a different zoning district must show that the
rezone is consistent with the applicable County Future Land
Use /Zoning Consistency Table. Rezones that are contingent
upon legislative approval of a comprehensive plan map
amendment, as indicated in Table 19.36 -1 shall be considered a
major rezone and subject to the procedures and requirements set
forth in subsection a. above, YCC 1613.10 and YCC 19.36.
F. INFRASTRUCTURE SERVICES AND LEVEL OF SERVICE
General Provisions for Capital Facilities Planning and Mapping - Consistency
with GMA
In accordance with RCW 36.70A.070 (3) and WAC 365 -196 -415, the Cities
and the County will develop Capital Facilities Plans that cover the entire UGA.
Cities shall provide the County with a copy of their most current adopted
Capital Facilities Plan at least six months prior to any scheduled UGA update
process. Maps of City and County utilities and transportation infrastructure
not contingent to a Capital Facilities Plan amendment will be provided to the
County's GIS's Department when updated, which will maintain the regional
GIS database, so as to be accessible to all parties.
Opportunities for focused and targeted public investment, which directs
capital improvement expenditures into specific geographic areas to produce
"fully- serviced land" for development, will be encouraged. This strategy is
intended to maximize the use of limited public funds by coordinating
government expenditures and focusing development first in some areas, then
in others. Selection of targeted investment corridors will consider and be
consistent with regional priorities. Separate sub - agreements or interlocal
agreements may be entered into by the affected parties to provide the details
for the concepts of particular focused targeted public investment corridors.
The following provisions apply to the review and permitting process for
proposed developments in unincorporated portions of Urban Growth Areas:
1. Streets
a. Responsibility
Yakima County and cities will be responsible for assuring that all
streets within the UGA are constructed concurrently with
development and that the impacts generated by the
development on the transportation facilities within both the
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unincorporated and incorporated UGA are properly considered
and the appropriate mitigation is required.
b. Design Standards
Yakima County will utilize the provisions of "Yakima County
Code Title 19 as design standards for urban development of
streets, and associated structures„ unless otherwise specified in
a sub - agreement. It is intended that County design standards
will be generally consistent with standards adopted by the City;
therefore the County may modify its required design standards
when a City identifies the specific standard's that may apply and
demonstrates that applying the City's development standards
are consistent with RCW 36.70A,110(3) and the appdicab�le
Capital Facilities Plan.
C. Level of Service (LOS)
Transportation Policy — LOS
The establishment of level of service policies for streets within
the urban growth area will be done cooperatively to assure that
service level thresholds are agreed upon for all transportation
facilities. This effort will be coordinated with the Metropolitan
Planning Organization (MPO) and the Regional Transportation
Planning Organization (RTPO ) pursuant to RCW 47.80.023.
Performance Evaluation — LOS
The Cities and the County will monitor and review transportation
LOS policies and their effect in the urban growth area and make
adjustments as mutually agreed upon.
2. Water
a. Responsibility
The Cities are the preferred provider of services within the
Urban Growth Areas. Responsibility for the provision of water
service by a water purveyor approved by Washington State
Department of Health (DOH) will be depicted on a service area
map. The service area map will be maintained by the County in
the regional GIS database.
Consistent with DOH regulations, the designated water purveyor
shall be responsible for planning and development of water
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service within the 20 -year planning horizon to -meet the level of
service standards for the land uses and populations indicated in
the most recent comprehensive plan.
b. f=inancial and Service Policies
(1) Water Service -- It is the intent of all parties to this
Agreement to require adequate water service to potential
customers within the UGA consistent with the capital
facilities plans.
(2) Costs - The costs of system extension will be as
enumerated in the capital facilities plan. This does not
preclude programmed extensions undertaken at the
initiative of the developer.
(3) Rates - Water rates are the responsibility of the purveyor.
c, Standards
Design and construction of water systems shall, at a minimum
meet DOH regulations and guidelines and the purveyor's
standards. The Cities shall submit to the County any specific
standards which are to be applied within their respective UGA.
3. Sewer
a. Responsibility
Sewer service is expected to be provided by cities or sewer
service providers approved by the Washington State
Department of Ecology (DOE) or the United States Department
of Environmental Protection Agency (EPA) within boundaries of
the Yakama Nation,.
Responsibility for the provision of sewer service will be depicted
on a service area map in the regional GIS database maintained
by the County in cooperation with the Cities and sewer service
providers. Consistent with DOE, DOH and EPA regulations, the
designated sewer purveyor shall be responsible for planning
and development of sewer service to meet the level of service
standards for the land uses and populations indicated in the
most recent comprehensive plan within the 20 -year planning
horizon.
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b. Financial and Service Policies -
(1) Sewer Service — It is the intent of all parties to this
Agreement to require adequate sewer service to potential
customers within the UGA consistent with the capital
facilities plans.
(2) costs - The costs of system extension will be as
enumerated in the capital facilities plan. This does not
preclude programmed extensions undertaken at the
initiative of the provider.
(3) Rates - Sewer rates are the responsibility of the provider.
C. Standards
The minimum
sewer facilities
DOE, DOH
documents.
4. Stormwater
a. Responsibility
design standards for design and construction of
shall be those contained in the applicable city,
or EPA statutes and regulations or guidance
The County will have responsibility for assuring that stormwater
generated from development outside City limits will be handled
in a manner consistent with standards outlined below.
b. Financial and Service Policies
Design and construction of stormwater collection, retention,
conveyance, treatment and disposal systems will be the
responsibility of the developer.
,
It is Current County poilicy to require on-site retention, treatment,
and disposal of stormwater, Exceptions to this policy will only
be allowed if off-site collection, treatment, and disposal services
are available from a municipality, or other entity properly
authorized to collect and dispose of such flows.
C. Standards
All stormwater s'halll be retained and disposed on-site according
to processes and design(s) approved by the County unless an
agreement with a public entity is in place for conveyance,
treatment, and disposal of such flows.
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G. ANNEXATION
It is the intent of the parties to promote orderly and contiguous development
of the City through annexation
Development Contiguous to City Boundaries -- Annexation to be
Promoted
The County agrees that it will not provide utility services to properties
within a city's UGA without the specific approval of the respective City,
unless the property is in an existing utility service area of the County.
It is the City's responsibility to provide utility service to properties within
their respective UGA's within the 20 -year planning horizon.
2. Development Review Within Pending Annexation Areas
a. Early Transfer of Authority
It is the intent of the parties to facilitate timely processing of
development applications for properties which are included
within areas subject to active annexation proceedings. When a
Notice of Intent to Commence Annexation has been approved
by the City and submitted to the Boundary Review Board, the
city may in writing, request from the County transfer of authority
to accept and review project permits prior to the effective date of
annexation.
b. County Review of Submitted Project Permits
Complete project permit applications submitted to the County
prior to the effective date of annexation will be processed and
reviewed by the County to the review stage covered by the
project permit application fee.
"Review stage" is defined for subdivisions and short
subdivisions to include preliminary plat approval, plat
construction plan approval, inspection, or final plat processing.
"Review stage" for all other land use permit applications
includes preliminary approval, construction plan approval,
construction inspections and final sign -off, but does not include
related building permit applications unless a complete building
permit application is submitted to the County prior to the
effective date of the annexation.
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(1) Vesting
Any complete project permit application submitted to the
County that has vested under statutory or cornmon law
shall be subject to the Yakima County laws and
regulations in effect at the time the County deemed the
project permit application complete.
(2) Land Use Dedications, Deeds, or Conveyances
Final plats or other dedications of public property will be
transmitted to the City for City Council acceptance of
dedication of right -of -way or public easements, if
dedication occurs after the effective date of annexation.
Dedications, deeds, or conveyances will be in the name
of the City after the effective date of the annexation and
will be forwarded to the City Council for acceptance by
the City even if the County is continuing to process the
permit application.
(3) Appeals of Land use Permits
The County agrees to be responsible for defendinig,
permits decisions issued by the county for complete
project permit applications
(4) Permit Renewal or Extension
After the effective date of annexation, any request to
renew a building permit or to renew or extend a land use
permit issued by the County in the annexation area is to
be made to and administered by the City.
(5) Land use Code Enforcement Cases
Any pending land use code enforcement cases in the
annexation area will be transferred to the City on the
effective date of the annexation. Any further action in
those cases will be the responsibility of the City at the
City's discretion.
(6) Enforcement of County Conditions
Following the effective date of the annexation, the City
agrees to enforce any conditions imposed by the county
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relating to the issuance of a building or land use permit in
an area that has been annexed; to the same extent it
enforces its own conditions.
(7) Financial Considerations /Revenue Adjustments and
Transfers
If the County intends to upgrade or replace infrastructure
in a UGA, and such an investment would result in
significant expense or indebtedness, then the County
may seek a specific agreement with the other City to
address the financial impacts of future annexation.
Negotiations will provide for coordinated infrastructure
development, appropriate allocation of costs and /or
revenue sharing arrangements, and optimal leveraging of
local funds to obtain available grants and loans.
(8) Administration of Bonds
Any performance, maintenance or other bond issued by
the County to guarantee performance, maintenance or
completion of work associated with ' the issuance of a
permit will be administered by the County to completion.
Any additional bonding required after annexation occurs
will be determined, accepted and administered by the
City along with responsibility for enforcement of
conditions tied to said bonds. It shall be the City's
responsibility to notify the County of the acceptance of
said bonds in order for the County to release interest in
any bonds the County may still hold.
(9) Records Transfer
The City may copy and /or transfer necessary County
records, as appropriate, prior to and following
annexation. The City may arrange for off -site duplication
of records under appropriate safeguards for the
protection of records as approved by the County.
H. SUB - AGREEMENTS
Sub - agreements that provide additional detail for implementing various
aspects of this Agreement are anticipated, provided that the sub - agreements
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do not conflict with the provisions of this Agreement. Copies of sub -
agreements shall be distributed to all parties to this Agreement.
I. GENERAL PROVISIONS
Relationship to Existing Laws and Statutes
Except as specifically provided herein, the Cities and the County do
not abrogate the decision - making authority vested in them by law. This
Agreement in no way modifies or supersedes existing state laws and
statutes.
2. Oversight
The County -wide Planning Policy Committee, or its successor, shall be
designated as responsible for overseeing implementation of this
Agreement.
3. ILA Noncompliance
The Cities and the County believe this ILA is in the best interests of the
public and therefore will fully adhere to this ILA. In the event any party
identifies an issue they believe is not consistent with this ILA the
following process may be undertaken:
a. The party shall give written notification within 30 days to the
other parties of concern. In addition, the party shall give notice
to all non-affected parties of this ,agreement, The affected
parties shall document the nature of the dispute and their
respective options for resolution, if the parties are not able to
resolve the matter within 10 business days they shall seek
mediation through the Dispute Resolution Center.
b. If the disputing parties are still at an impasse, following
mediation they shall seek resolution through the Yakima County
Superior Court.
C. If final resolution results in the need for amendments to the ILA,
said amendments shall be processed in accordance with
subsection (4) of this Agreement.
The dispute resolution process identified above does not preclude any
party with standing from filing an appeal with the Washington State
Growth Management Hearing Board or LUPA court if applicable.
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4. Amendments to the ILA
The Cities and the County recognize that amendments to this
Agreement may be necessary to clarify the requirements of particular
sections or to update the Agreement. Amendments not involving all
parties shall be handled as sub - agreements as provided for in Section
H, above.
5. Amendments to the CWPP
The CWPPs have set a framework for comprehensive planning under
GMA, but lack a process for amending the CWPPs and integrating the
amendments into the comprehensive planning and implementation
process. Since joint and cooperative planning will be accomplished
through the provisions of the CWPPs it is important to provide for
policy adjustments from time to time. The parties agree to the
following process:
a. Policy amendments shall be consistent with the framework and
purpose of the CWPPs.
b. Amendments require approval by 60% of the jurisdictions
representing at least 51% of the County population prior to
adoption by the Board of County Commissioners.
C. The County -wide Planning Policy Committee will consider
amendments to the CWPPs annually. The Committee should
schedule review of these amendments six months in advance of
the process for consideration of annual comprehensive plan
changes.
d. Proposed amendments will be provided to all Committee
members at least four weeks prior to consideration by the
Committee.
e. Committee members are not expected to be able to commit
their respective jurisdictions, but they are expected to fully
represent the balance of concerns and views which may affect
their jurisdiction's ability to approve the proposed amendments.
Within 30 days of a decision by the Policy Committee,
jurisdictions will be asked to indicate approval by signing the
revised document.
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6. The County -wide Planning Policy Committee
The CWPPC shall hold a meeting each year to report on the progress
of implementing the CWPPs and this Agreement. This meeting will
provide an opportunity for jurisdictions to discuss planning and
development related issues and suggest changes to this Agreement as
necessary. Each City and the County will be responsible for
maintaining its designated member.
7, Effective Date and Term of the ILA Agreement
This Agreement shall be effective upon passage by the County and all
of the Cities. The term of this Agreement shall be for five years from
the effective date hereof and shall automatically be renewed for
subsequent five year terms. No later than 180 days before the
automatic renewal date, any party may notify the other parties in
writing of a desire to revise the Agreement.
8. Severability
if any provision of this Agreement or its application to any person or
circumstance is held invalid, the remainder of the provisions and /or the
application of the provisions to other persons or circumstances shall
not be affected.
If any section, subsection, paragraph, sentence, clause or phrase of
this Agreement is adjudicated to be invalid, such action shall not affect
the validity of: the remalning portions of the Agreement.
III. SIGNATURES
IN WITNESS WHEREOF, this agreement has been executed by each party
to this Agreement as evidenced by signature pages affixed to this agreement.
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MASTER INTERLOCAL AGI EEMENT
FOR GROWTH MANAGEMENT ACT IMPLEMENTATION
- IN YAKIMA COUNTY
SIGNATURE PAGE
The legislative body of the undersigned jurisdiction has authorized execution
of the Master Inter'local Agreement for Growth Management Act Implementation in
Yakima County.
IN WITNESS WHEREOF
This agreement has been executed by
(Macrae of CityrrowntGounty)
Sy:—
Title:
Date:
Attest:
By:
City ClerktTown Clerk/Clerk of the Board
Approved as to Form:.
By:
City Attorney /Corporate Counsel
SEAL:
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