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