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Home My WebLink AboutITEM VIII-A-3 * * CITY OF * )Ug AGEIVDA BILL APPROVAL FORM WASH[NGTON Agenda Subject Date: Ordinance No. 6317 - Title 17 (Land Adjustments & Divisions) for July 13, 2010 Com liance to Substitute Senate Bill 6544 Department: Planning & Attachments: Ordinance No. 6317 Budget Impact: N/A Develo ment Administrative Recommendation: Ci Council introduce and ado t Ordinance No. 6317. 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 RGW 58.17.140 from five (5) to seven (7) years and the final plat validity period specified in RCW 58.17.170 from five (5) to seven (7) 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 Aubum 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 applicable to approved preliminary plats that have not expired in effect prior to June 10 2010 as well as subdivisions and short subdivisions filed after the effect date of the BiIL 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 Aubum City Council. The Planning Commission conducted a duly advertised public heanng 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 Determiriation 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 edifion 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 RC1N 36.70A.106 had been complied with. On June 2, 2010, the Growth Management Secvices 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. The Planning and Community Development at its regular July 12, 2010 meeting, on an unanimous motion, recommended approval of Ordinance No. 6317 to the Auburn City Council. Ordinance No. 6317 is scheduled for discussion by the Finance Committee at its regular July 19, 2010 meeting and for potential action by the City Council on July 19, 2010. 03.5 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport Z Finance ❑ Cemetery p Mayor ❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks ❑ Human Services 10 Planning & CD ❑ Fire ~ Planning ❑ Park Board ❑ Public Works 0 Legal ❑ Police Z Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: CommitteeApproval: ❑Yes ❑No Council ApprovaL• []Yes ❑No . Call for Public Hearing Referred to Until / / Tabled Until J / Councilmember. Norman Staff: Sn der_ Meetin Date: Jul 19, 2010 Item Number. VIII.A.3 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 extends the time during which a preliminary and final plat are valid from five years to seven years; and WHEREAS, the Bill is limited in duration, but affects plats in effect on June 10, 2010 through December 31, 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 asfollows: Section 1. Amendment to C6tv Code. That Subsection 17.09.110A. of fhe Aubum City Code be and the same hereby is amended to read as follows: 17.09.110 Time limitations. A. Preliminary approval5 for short subdivisions shall be valid for a period of ' five years, following the date of the notice of final decision. Provided, that for anv preliminary approval in effect on June 10, 2010 through December 31, 2014 the approvals shall be for a period of seven years followinq the date of the notice. Ordinance No. 6317 < July 9, 2010 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 qoverned by the terms of approval of the final short subdivision and the zoninq ordinance and regulations in effect on the date of preliminary short subdivision apqroval for a period of five vears, after final short subdivision approval. Provided, that for anv final short subdivision approval in effect on June 10, 2010 throuqh Decernber 31, 2014, the terms of approval shall be for a period of seven vears followinq the date of the notice. Section 3. Amendment to Ciiv 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 for anv notice of final decision in effect on June 10, 2010 throuah December 31, 2014 the approvals shall be for a, period of seven vears followinq the date of the notice. Orciinance No. 6317 July 9, 2010 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 c. reates a serious threat to the public health or safety in the subdivision. Provided, that for anv final plat approval in effect on June 10, 2010 throuqh December. 31, 2014, the terms of approval shall be for a period of seven years following the date of the notice. Section S. 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 ofi 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. Ordinance No. 6317 July 9, 2010 Page 3 of 4 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS. MAYOR ATTEST: Danielle E. Daskam, City Clerk AP VE O FORM: Daniel B. i o y Published: ~ , Ordinance No. 6317 July 9, 2010 Page.4 of 4 _