The URL can be used to link to this page

Home My WebLink AboutITEM IV-Dcrnr or AGENDA BILL APPROVAL FORM # NTO Agenda Subject Date: Ordinance No. 6317 - Title 17 (Land Adjustments & Divisions) for July 8, 2010 Compliance to Substitute Senate Bill 6544 Department: Planning & Attachments: Ordinance No. 6317 Budget Impact: N/A Development Administrative Recommendation: Recommend approval of Ordinance No. 6317 to Auburn City Council Background Summary: The Washington State Legislature passed Substitute Senate Bill 6544 in February 2010 that was approved by Governor Gregoire on March 17, 2010 and is effective on June 10, 2010. Substitute Senate Bill 6544 extends the preliminary plat approval specified in RCW 58.17.140 from five (5) to seven years and the final plat validity period specified in RCW 58.17.170 from five (5) to seven years). Substitute Senate Bill 6544 specifies that these extensions shall be in effect through December 31, 2014. Chapters 17.09 (Short Subdivisions), Chapter 17.10 (Preliminary Subdivisions) and Chapter 17.12 (Final Subdivisions) of the Auburn City Code contain applicable provisions that are affected by Substitute Senate Bill 6544. For compliance to Substitute Senate Bill 6544, the City should amend these chapters. The extensions specified in Substitute Senate Bill 6544 are not retroactive, but would only apply to subdivisions and short subdivisions filed after the effect date of the Bill. The effective date of Substitute Senate Bill 6544 is June 10, 2010. The City Attorney's Office has advised that the City is required to begin applying these extensions on this date even if the code amendments contained herein have not been adopted by the Auburn City Council The Planning Commission conducted a duly advertised public hearing on June 8, 2010 for the proposed amendments. There was no public testimony. Following the close of the public hearing and deliberations, the Planning Commission unanimously voted to recommend approval to the City Council of the proposed amendments to Title 17 with an amendment to add Section 17.09.120 per the staff recommendation. A Determination of Non-Significance was issued for the City initiated amendments to Title 17 of the Auburn City Code on May 27, 2010 under city file SEP10-0011. The Determination of Non-Significance was published in the May 27, 2010 edition of the Seattle Times. The proposed amendments to Title 17 were submitted to the Growth Management Services Division of the Washington State Commerce Department and other state agencies as required for expedited review on May 26, 2010. Commerce transmitted a receipt and acknowledgment letter (Material ID # 15694) on May 19, 2010 to the City indicating that the procedural requirement of RCW 36.70A.106 had been complied with. On June 2, 2010, the Growth Management Services Division notified the City that it had been granted expedited review for the proposed amendments. The Planning and Community Development Committee discussed Ordinance No. 6317 at its regular June 28, 2010 meeting. Following approval by the Planning and Community Development Committee at its regular July 12, 2010 meeting, Ordinance No. 6317 will be scheduled for review and discussion to the Finance Committee and to the City Council for action on Jul 19, 2010. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ® Planning ❑ Park Board ❑ Public Works ® Legal ❑ Police ® Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Snyder Meeting Date: July 12, 2010 Item Number: ORDINANCE NO. 6317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 17.09.110, 17.09.120, 17.10.110 AND 17.12.040 OF THE AUBURN CITY CODE RELATING TO TIME LIMITATION FOR APPROVAL OF PLATS WHEREAS, on March 17, 2010, the Washington State Legislature enacted Substitute Senate Bill 6544, relating to time limitation for approval of plats; and WHEREAS, the Bill changes the times during which a preliminary and final plat are valid from five years to seven years, and WHEREAS, the Bill is limited in duration, from the effective date of June 10, 2010 through December 21, 2014; and WHEREAS, although the statute would be in effect regardless of whether the City adopts a similar measure, staff recommends amending the City's code in order to provide clear guidance to staff and applicants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Subsection 17.09.110A. of the Auburn City Code be and the same hereby is amended to read as follows: 17.09.110 Time limitations. A. Preliminary approvals for short subdivisions shall be valid for a period of five years, following the date of the notice of final decision. Provided, that if the date of the notice of the final decision is between June 10, 2010 and December 31, 2014 the approvals shall be for a period of seven years following the date of the notice. Ordinance No. 6317 6.24.10 Page 1 of 4 Section 2. Addition to City Code. That Chapter 17.09 is amended by adding a new section, 17.09.120 as follows: 17.09.120 Terms of approval. A short subdivision shall be governed by the terms of approval of the final short subdivision and the zoning ordinance and regulations in effect on the date of preliminary short subdivision approval for a period of five years, after final short subdivision approval. Provided, that if the date of final short subdivision approval is between June 10, 2010 and December 31, 2014 the terms of approval shall be for a period of seven years following the date of the notice. Section 3. Amendment to City Code. That Subsection 17.10.040A of the Auburn City Code be and the same hereby is amended to read as follows: 17.10.110 Time limitations. A. Preliminary approvals for subdivisions shall be valid for a period of five years following the date of the notice of final decision. Provided, that if the date of the notice of the final decision is between June 10, 2010 and December 31, 2014 the approvals shall be for a period of seven years following the date of the notice. Ordinance No. 6317 6.24.10 Page 2 of 4 Section 4. That Section 17.12.040 of the Auburn City Code be and the same hereby is amended to read as follows: 17.12.040 Terms of approval. A subdivision shall be governed by the terms of approval of the final plat, and the zoning ordinance and regulations in effect on the date of preliminary plat approval for a period of five years after final plat approval unless the hearing examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Provided, that if the date of final plat approval is between June 10, 2010 and December 31, 2014 the terms of approval shall be for a period of seven years following the date of the notice. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6 Severability. 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 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: Ordinance No. 6317 6.24.10 Page 3 of 4 PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6317 6.24.10 Page 4 of 4