HomeMy WebLinkAboutItems Submitted at the Meeting
PCDC 7/12/10 Pages: 6
Submitted by Kevin Synder
In Reference to: IIV. Ordinance No. 6317
~k CTTY OF M@11101'c31'1d1J117
* WASHINGTON
TO: Planning and Community DeveloPment Committee
Mayor Peter Lewis
Dan Heid, City Attorney -
Steven Gross, Assistant Gity Attorney FROM.: Kevin Snyder;,AICP, Directoc, Planning & Development Department
DATE: - July 9, 2010
SUBJECT: ACTION 1TEM IV.D: SubmittaL of Revised Ordinance No. 6317 for Committee Action
` Subsequent to the,.issuance of the Committee's July 12th packet, the Municipal Research & Service Center
(MRSC) has issued an opinion on the legislative intent and effectiveness of Substitute Senate Bill 6544 in
response to multiple inquiries by local jurisdictions. An excerpt of MRSCs analysis and conclusions for this
. opinion is provided below. In short, MRSC advises that any legislative action taken by local govemments to
address Substitute Senate Bill 6544 should apply to already approved preliminary plats in effect before June
10, 2010 (i.e.; the BiIPs effective date) for which final plat approval has not been granted. The version of
Ordinance No. 6317 distributed as part of the Committee's July 12t" packet is not consistent with the MRSC
opinion:
Planning and City Attomey staff haVe reviewed the MRSC opinion and concur. Please find attached a revised
version_ of Ordinance No. 6317 for the Gommittee's use in its action consideration on July 12t~. Please note
that new code language is identifed by double underlining, while deleted code ianguage has been struck out.
In addition; changes in the recitals (i.e. Whereas) at the beginning of the ordinance are identified by single
underlining. Staff recommends the Committee use this version of Ordinance No. 6317 in any potential action.
Excerbt from .MRSC: ' In $S6 6544"(Ch. 79. Laws of 20101, the 2010 legislature extended the statutory time period for submitting fnal
plats~ for eity. br county approval from five years after preliminary plat approval to seven years after that
approval~ It also extended the vesting period for approved final plats'from five to seven years. This' legislation,
which is effective June 10, sunsets on December 31, 2014. It appears that the purpose of this temporary
extension is to save preliminary plats that are in jeopardy of lapsing 6ecause of the economic downfurn. 7his
purpose shouldhelp explain which preliminary plats this legislation applies to. The oriQinal bill included an
intent section that, although deleted in the substitute bill that was adopted, sheds iight on legislative intent:
(1) The legislature finds that active land use permits are expiring due to a downturn on the state economy.
Considerable cost has been expended,by applicants and local jurisdictions to approve projects. Allowing these
projects to expire would make it difficult for the state to meet its. fiousing needs in tfie future and impose
considerable staff costs on local governments to perform work that has already been completed.
(2) The legislature further finds that,_ in the current period of eco,nomic challenge, an extension for, plat
approvals will contribute to 'the overall employment of the state by employing citizens of Washington as soon
as is practicable in the family wage jobs'of the land development and home building industries. , .
' .
The public testimony in favor of the bill, as summarized in the various bill reports, also focused on the current
economic climate and its effect on development activity. The following represents MRSCs analysis of this
legislation and addresses the preliminary plats to which it applies and the effect'of its sunset provision:
• The extension applies to all preliminary plats approved prior to the effective date (June 10) that
have not yet expired under RCW 58:17.140.
Consistent with- the evident intent of this legislation, it should be interpreted to apply to already-approved
` preliminary plats for which the subdivider has yet to apply for final plat approval and for.which the five-year
filing period for final plat approval will not expire prior to June 10, the effective date of this legislation. These
preliminary plats - those in danger of expiring - are the focus of this legislation.
The one category of preliminary plat approvals that will fall between the cracks of this extension are those that
will expire before June 10. If a city or county has some of those, it could addcess the problem of iooming
expirafion, should it choose, by issuing an extension authorized by RCW 58.17.140 ("Nothing contained in this
section shall acf to prevent any city, town, or county from adopting by ordinance procedures which would allow
extensions ofitime that may oc may not contain additional or altered conditions and requirements.''). However,
as stated in that stafute, such extensions would have to be authorized through procedures previously adopted
by local ordinance. A city oc county could, of course, under RCW 58.17.140 and an enabling ordinance,
authorize extensions beyond the seven-year period established by this legislation.
• The extension applies to all complete preliminary plat applications submitted on or before the
sunset date of December 37, 2014.
Although it can be argued that the filing of a complete preliminary plat application does not vest the preliminary
plat to this extension because the length of the period for the filing of a final plat does not in any way affect the
consideration of the. preliminary plat application and thus should not be subject to vesting, it is probably safer
and more consistent with the vesting doctrine to, freat a complete application as the vesting trigger for purposes
of this extension. So, under this approach, it is not necessary to receive preliminary plaf approval before the
sunset date for the seven-year final plat filing period to apply. Of course, we Fiave over four years for this to be
elarified, if necessary. The sunset provision will have no effect on the length. of the filing period for final plat
approval of preliminary` plats approved prior to the sunset date. In other words, on December 31; 2014,. the
filing period that applies to such already-approved preliminary plats does not change from seven to five years;
; it remains at seven years.
• The extension of the period in which lots in final plats are protected as a valid land use applies to
final plats filed for record on. or before December 31, 2014. ,
SSB 6544 amended two, proyisions of RCW 58:17.170 that address. limitations on the vested stafus of
approved final plats. First, ifi.extended the time during which "lots in a final plat filed for record shall be a valid
land use notviiithstanding any change in zoning laws" from fve to seven years. The_application of'the sunset
provision to this provisionis straightforward; the extension to seven years applies to all final plats filed for
record with the county aud,itor on or before December 31, 2014. ,
o The extension of the period for filing of final plats is effective, .as. of June, 10, 2010, reg_ardless of
whether cities and counties amend their local subdivision ordinances to incorporate the extension.
State subdivision law controls over local subdivision ordinances. RCW 58.17.030. . Thus, while local
subdivision ordinances should be amended to be consistent with SSB 6544, existing preliminary plats and new
preliminary plat applications:towhich this legislation applies will be subject to its seven-year final plat fling
period regardless of the provisions of local ordinances.
2
ORDINANCE NO. 6317 rREVISEDI
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY _ OF AUBURN, WASHINGTON, AMENDING
SEGTIONS 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 .r~..
rtWHEREAS, the Bill extends sbaFiges the~time duri ghich a preliminary
, and final plat are valid from five years to seven years; and
. WHEREAS, the Bill is limited in du~a on., bu iPects plats in effect on k-Gm
- ~
' *h° °ff°^~~~•° ^f June 10, 2~'Q~'.~through De '~rnber 21, 2014; and
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WHEREAS, although the statute would,be in effect regardless of whether
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the City adopts a simi[a m sure, sta"~F"r~c~inme~nd mending the City's code in
I~ .
- , ,
order to provide clear guidanc~e~to staff an~ applieants.
N~
NOW,~THER~~~F~E~TH NCIL OF THE CITY OF AUBURN, ~F~~s"~'~~~~~"~
WAS 6N~TON,~WORDi~tN,
' as follows:
'S+action 1. Amendme~' r~t to Citv Code.. ` That Subsection 17.09.110A. -
of the Au~rn~C'ity Codexbe and the same hereby is amended to read as follows:
1.F C ' ' , . . . . . .
17.09.110 Time~fimitations.
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 for anv
qreliminarv annroval in effecf on June 10. 2010.throuah December 31. 2014 the
;
aoorovals shall be for a oeriod of seven vears followina the date of the notice. .
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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 Terrns of approval.
A short subdivision shall be governed by the terms`of:approval of the fnal 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 for anv final short subdivision aPDroval in
effect on June 10. 2010 throuah DeceFnber 31. 2014. the terms of al2proval shall
be for a period of seven years followina the date of the notice. o.,,.,;dea +h~+ ;f
,
E)eGeF!Aber lyt fannrnYal c.hall he fnF a nG7edT-ors°-vei; ycaFSZT •ti.,~'; . . .
`Section 3. Arnendmenf to Citv 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
nal decision in effect on June 10. 2010 throuaht December 31. 2014 the I
al2provals shall be for a 12eriod of seven vears followina the date of the notice.
Ordinance No. 6317
July 9, 2010
Page 2 of 4
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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 govemed by the terms of approva! af the final plat; and the
zoning ordinance and regulations in effect-~on the date~ of¢£,preliminary plat
.~~r.
approval for a period of five years after~'fyr~nal plat approval unles5h the hearing
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examiner finds that a change-in conditionscreates a~erious threat to the public
~I4 ,
health or safety in the subdivisian
'
ffect on June 10. 2010 throudh Dec>emberA3.1~1~2014. ff~eaterms oUapproval shal
be for aperiod of seWen e~ follo~nna~t~e date o~f~the notice. ,
, , 2014
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Section 5. Ima{ementat0on. The M,ayor is hereby authorized. :to
implement sucl~ administrafive procedures as may_be necessary to carry out-the
~
directions of. thi "teg~'la'"tion:
Section 6 Severabilitv. 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
Ordinance No. 6317 .
July 9, 2010
Page 3 of 4
.
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
PASSER:,
•
APPROUED.
.y
, ~ -
CIT1( OF AUBURIV~.
.
Yf+F~ N r ,PETER B. LEWIS
MAYOR
ATTEST:
~
Danielle E. Das am; City Clerf,'
APPROVED
9
.a, M H
1-4
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Daniel1,B:,.Heid City Attotney
Published
Ordinance No. 6317
July 9, 2010 -
Page 4 of 4
PCDC 7/12/10 Pages: 4 ;
. Submitted by Kim Truong
In Reference to: N.A. Mary Olson Farm
- * ~ Restoration, Parking Lot & Trail Imp CIIY.OF
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Award Contract 10-14 Date: July 12, 2010
Department: Attachments: Budget Impact:
Public Works Budget Status Sheet, Bid Tab $ 59,163.00
Summa , Ma
Administrative Recommendation:
City Council award Contract 10-14, Project No. GP0715, Mary Olson Farm Restoration, to Rodarte .
Construction, Inc. on their low bid of $131,749.00 plus WA state sales tax of $12,516.16 for a total
contract price of $144,265.16.
Background Summary: This is the first phase of a.2-phase project. The first phase of the project is construction of a new parking
lot for the Mary Olson Farm. Thesecond phase of the project is to complete the restrooms and other site
enhancements at the parking lot and is anticipated to be done in 2012 or when funding is available. This
project is a portion of the overall Mary Olson Farm Restoration project which includes completion of other
park amenities.
Construcfion for this project is anticipated to begin in August 2010 and be completed in September 2010.
The total project cost for this phase of the project is estimated to be $210,463.00. A budgef adjustment of
$59,16100 from the Park Mitigation Fund and the 321 Fund will be required this year to fund the project '
H:\PROJ1CP071501son Canyon Farm Restoration(parks)\ProjectMgmt
,
ReGiewetl by Council & Committees: • Reviewed by Departments & Divlsfons:
. ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building M80
❑ Airport ❑ Finance - ❑ Cemetery ❑ Mayor
❑ Hearing Examiner Municipal Serv. ❑ Finance ❑ Parks
. ❑ Human Services 0 Planning & CD ❑ Fire 10 Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other 0 Public Works ❑ Human Resources
Action:
Committee ApprovaL• ❑Yes ❑No ,
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until / Councilmember: Norman Staff: Dowd
Meetin Date: : Jul 12, 2010 PCDC Item Number:
- AU$URN'~c MORE THAN YQU IMAGINED
.
BUDGET STATUS SHEET
Projecf No: 00715 Project TiUe: Mery Oison Farm Restoration
Project Manager. Name 0 Project Initiation
Initiation Date: March 22. 2010 Q Permision to Adyertise Date: July 12, 2010
Advertisement Date: June 22. 2010 Q Contract Award
Award Date: July 12. 2010 Q Change Order Approval
Q Corit'ract Final Acceptance
The "Future Years" column indicafeg the projected amountto be requested in future budgets.
Funds Bud eted Funds Availabie
. Funding _Prior Years 2009 2010 Future Years Total _
321 Fund • 7;808 151,300 159,108
• 0
0
_
Tofal 0 7,808 151,300 0 159,108
Estimated Cost Funds Needed
Xlctivity Prior Years 2009 2010 Future Years Total
Design Engineering - City Costs 7,808 6;104 13,912 '
Design Engineering - Consultant Costs 30,196 30,196
Property Acquisition 0
Property Acquisition - Consul#ant Costs 0
Construction Contract Bid 144,265 • 144,265
Authorizied Contingency (15°/q) 21,64021,640
Other- (permiting) 8,258 8;258.
Construction' Engineering - C.ity Costs 0_
Construction Engineering - Consultant Costs 0'
Total • 0 7,808 ~ 210,463 0 218;271
321 Munici al Parks Bud et Status
Prior Years 2009 2010 Future Years Total
'321, Funds, Budgeted.() 0 (7,808) (1511300) 0 (159,108)
321 FundsNeeded . 0_ ,7,808_ _ 210.463 _ .0 218;271_
*321 Fund Project Contingency O 0 0 0 0 0
321 Funds Required 0 0 59,163 0 59,163
in the Budget Status Sections indicates Money the City'has available. H:IPROJ\CP074501son Canyon Farm Restoration(parks)1Budget\BudgetStatusSheet:xls 1 of 1.
i
. ;
'BID TABULATtON'
BID. TOTALS SUMMARY
. i .
Project Name: CP0715, Mary Olson Farm Parking Lot Improvements
. Prepared.by: City of Aubum _
Bid Date: 7I.7/10
ENG/NEER'S ESTIMATE: $ 114,753.02
AVERAGE.BASIC BID AMOUNT: $ 143,303.13 BASIC BID SPREAD AMOUNT: $ 20,800.54 • Basic BID Amount Spread $ $pread % ,
LOW BIDDER: Rodarte Construction, Inc. $ 131,749.00 $16,995.88 14.81% Second Bidder: T. MillerConstruction $ 132,940.32 $18,187.30 15.85% .
• Bastc BID (7ax not Included) Total BID-(Tax Included) .
. Rodarte Construction, Inc: $ 131,749:00 $ 144,265.16 - T. Miller Construction $ 132,940.32 $ 145;569.65 '
Reed Trucking &-Excavating, $ 142,865:20 , $ 156,437.39 i
ESE Corporation $ 148,981.72 $ 163,134,98 ' i
Pivetta Brothers $ 150,733.00 $ 165,052.64
Big.Mountain Enterprises $ 152,549.54 $ 167,041.75
Looker & Associates Non-Responsive
. .
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7/9/2010 (12:15 PM)
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CETY OF AUBURN Fi ure 1
cAu n~oF~: . . g . . .
. ~ ~'CP0715, MARY OLSON FARM
f----s''' WASHINGTON PARKING LOT IMPROVEMENT PROJECT Vicinity Map
ScaLE: I1.1=1/4. MILE '
PCDC 7/12/10 Pages: 1
Submitted by Rich Wagner
In Referenceto: IV.B. Multi-family/Mixed-Use
Design Standards present by Chamberlain
Page 16 and 28, multi-family & mixed-use design standard.s, sections 2.6.14 and 3.6.12
suggested additions by Rich Wagner, Ju1y 12, 2010
Add in addition to ped.estrian references: bicycle and handicapped
Add at the end of the section: The site circulation plan willad.dress tra.ffic conditions that
are not necessarily PM or AM Peak related but may be "event" related, for example,
education class schedules, large meetings and performances. The circulation plan may,
in some cases, for smaller developments, replace the need for a conventional traffic
analysis that is based on commuter peak times, but in many cases, it will be an addition to
such conventional analysis.