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HomeMy WebLinkAbout4772 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORD'rl~IA_NCR 1~1Oo 4 7 7 2 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 17.02.030 ENTITLED "PURPOSE" CONTAINED IN CHAPTER 17.02 ENTITLED "GENERAL PROVISIONS"; AUBURN CITY CODE SECTION 17.06.070 ENTITLED "FINDINGS OF FACT" CONTAINED IN CHAPTER 17.06 ENTITLED "PRELIMINARY PLAT"; AUBURN CITY CODE SECTIONS 17.12.260 ENTITLED "PARKS AND PLAYGROUNDS", 17.12.270 ENTITLED "FLOODS AND FLOOD CONTROL", 17.12.280 ENTITLED "ADDITIONAL REQUIREMENTS" CONTAINED IN CHAPTER 17.12 ENTITLED "SUBDIVISION IMPROVEMENTS"; AND AUBURN CITY CODE SECTION 17.14.050 ENTITLED "ADMINISTRATIVE REVIEW" CONTAINED IN CHAPTER 17.14 ENTITLED "SHORT SUBDIVISIONS" TO ADD LANGUAGE REGARDING PUBLIC NUISANCES AND DECLARING AN EMERGENCY. WHEREAS, Initiative 164 was approved by the Washington State Legislature this year and shall become effective July 23, 1995 unless a sufficient referendum petition (Referendum 48) is filed by July 22, 1995; and WHEREAS, Initiative 164 is an Act relating to the regulation of private property, adding a new chapter to Title 64 RCW; and WHEREAS, Initiative 164 requires any government entity which takes private property by regulation or restraint of land use for general public use pay full compensation of the reduction in value to the owner; and WHEREAS, any action taken by the government entity to prevent or abate a private nuisance that limits the use or development of private property is not a restraint of land use pursuant to Initiative 164; Ordinance No. 4772 July 11, 1995 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Planning Commission at their July 5, 1995 meeting held a public hearing on the amendment and at the conclusion of which recommended to the City Council approval of said amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Auburn City Code Section 17.02.030 entitled "Purpose" contained in Chapter 17.02 entitled "General Provisions"; Auburn City Code Section 17.06.070 entitled "Findings of Fact" contained in Chapter 17.06 entitled "Preliminary Plat"; Auburn City Code Sections 17.12.260 entitled "Parks and Playgrounds", 17.12.270 entitled "Floods and Flood Control", 17.12.280 entitled "Additional Requirements" contained in Chapter 17.12 entitled "Subdivision Improvements"; and Auburn City Code Section 17.14.050 entitled "Administrative Review" contained in Chapter 17.14 entitled "Short Subdivisions" to add language regarding public nuisances and declaring an emergency is hereby amended as set forth on attached Exhibit "A" and made a part thereof as though set forth in full herein. Section Z. .Emergency Clause and Effective Date. Pursuant to RCW 35A.13.190 a public emergency is hereby declared to exist for the reasons set forth above regarding the passage of the amendments herein and for the protection of Ordinance No. 4772 July 11, 1995 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 public health, public safety, public property or public peace which requires that this ordinance shall take effect upon passage by a majority plus one of the whole membership of the City Council. Section 3. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. INTRODUCED: July 17, 1995 PASSED: July 17, 1995 APPROVED: July 17, 1995 CHARLES A. BOOTH MAYOR Ordinance No. 4772 July 11, 1995 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: ~im-~l~e~, Danielle E. City Clerk APPROVED AS TO FORM: J. Reynolds, City Attorney PUBLISHED: Ordinance No. 4772 July 11, 1995 Page 4 Daskam, Deputy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TITLE ~7 SUBDIVISIONS Chapter 17.02 GENERAL PRovISIONS 17.02.030 Purpose. The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: ae Co Fe Prevent the overcrowding of land; Lessen congestion and promote safe and convenient travel by the public on streets and highways; Promote the effective use of land; Provide for adequate light and air; Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; Provide for proper ingress and egress; Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW; Adequately provide for the housing and commercial needs of the citizens of the state and city; Require uniform monumenting of land divisions and conveyance by accurate legal description; Exhibit "A' Ordinance No. 4772 July 11, 1995 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Je Ke Implement the goals, objectives and policies of the Auburn comprehensive plan. Prevent or abate public nuisances. Chapter 17.06 PRELIMINARY PLAT 17.06.070 Findings of fact. Preliminary plats shall only be approved if findings of facts are drawn to support the follOwing: ae Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and sites for schools and school grounds; Bo Conformance of the proposed subdivision to the general purposes of the comprehensive plan; Ce Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the city council; De Conformance of the proposed subdivision to the general purposes of this title, as enumerated in ACC 17.02.030; Ee Conformance of the proposed subdivision to the Auburn zoning ordinance and any other applicable planning or engineering standards and specifications as adopted by the city; Fo The potential environmental impacts of the proposed subdivision are mitigated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. Ge Adequate provisions are made so the preliminary plat will prevent or abate public nuisances. Exhibit 'A' Ordinance No. 4772 July 11, 1995 Page 6 Chapter 17.12 SUBDIVISION IMPROVEMENTS 17.12.260 Parks and playgrounds. Where dedication of land for park and recreation purposes is required, the council shall be guided by the policies and recommended standards of the Auburn park and recreation plan. It is the policy of the city to require park land dedication where a proposed subdivision will result in a substantial increase in demand for park land or is needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will result in the creation of lots capable of supporting 50 or more residential dwelling units; however, where it is determined that the proposed subdivision, together with any reasonably anticipated future development on adjacent or nearby land, will act in a cumulative manner to substantially increase demand for park land, dedication may be required of smaller subdivisions. The acceptability of the size, configuration and location of land proposed for park dedication shall be determined by the city council based upon such factors as topography, drainage, natural amenities and access. Exhibit 'A' Ordinance No. 4772 July 11, 1995 Page 7 17.12.270 Floods and flood control. The city may disapprove a proposed subdivision because of flood, inundation or swamp condition if the city finds that such condition poses a threat to the public health, safety or general welfare or causes a public nuisance. Where any portion of the proposed subdivision lies within the one percent flood hazard area or the regulatory floodway, the council shall impose a condition on the preliminary plat requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard requirements. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until said FEMA requirements have been met. The city may require dedication of land to any public body and/or the construction of improvements and may impose other conditions necessary to protect against flooding or inundation. 17.12.280 Additional requirements. The standards and requirements established or referenced by this chapter are minimum requirements. These standards may be increased, and additional requirements may be imposed for the purpose of preventinq or abatinq public nuisances or mitigating identified adverse environmental impacts pursuant to the State Environmental Policy Act of 1971 (Chapter 43.21C Exhibit 'A' Ordinance No. 4772 July 11, 1995 Page 8 RCW) as now established or hereafter modified. Such additional requirements may include but shall not be limited to off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services required by the subdivision. Chapter 17.14 SHORT SUBDIVISIONS 17.14.050 Administrative review. ao An application for short plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied within 30 days of its receipt by the department unless the applicant agrees, in writing, to an extension of this time period. The department shall not be considered to be in receipt of an application for short plat approval unless and until such time as the application meets the requirements of ACC 17.14.030 and 17.14.040, as determined by the director. Bo Upon receiving a complete application for short subdivision approval, the director shall transmit a copy of the short plat, together with copies of any accompanying documents as the director deems appropriate, to the following: City engineer, who shall review the proposed short subdivision with regard to its conformance to the general purposes of adopted traffic and utility plans; adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer; and conformance to any applicable improvement standards and specifications; Exhibit 'A' Ordinance No. 4772 July 11, 1995 Page 9 Ce City fire marshal, who shall review the proposed short subdivision with regard to adequate provisions for emergency access; Any other city department, utility provider, school district or other public or private entity as the director deems appropriate. In transmitting the proposed short plat to the parties referenced above, the director shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the department in order to be considered. Any comments received by that date shall be incorporated into the formal findings which will form the basis of the director's decision on the short subdivision. If no comments are received from any of the parties referenced above, the planning director shall make such findings as the director deems just. However, in every case a proposed short plat shall contain a statement of approval from the city engineer, as to the survey data, the layout of streets, alleys and other rights-of-way, design of bridges, sewer and water systems and other structures. The planning director shall not approve a short plat which does not contain such a statement signed by the city engineer. The planning director shall review the proposed short subdivision and determine its conformance to the general purposes of this title, its conformance to the Auburn comprehensive land use plan, and its conformance to Title 18 and any other applicable land use controls; and, the short plat prevents or abates public nuisances. These determinations shall be incorporated into the formal findings which will form the basis of the director's decision on the short subdivision. Exhibit 'A' Ordinance No. 4772 July 11, 1995 Page 10