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HomeMy WebLinkAbout6537 ORDINANCE NO. 6 5 3 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 17.09.010 OF THE AUBURN CITY CODE RELATED TO SHORT PLAT THRESHOLDS WHEREAS, from time to time, amendments to the City of Auburn subdivision code are appropriate, in order to update and better reflect the current use regulations and development needs of the City; and WHEREAS, at this time, amendment to the City of Auburn subdivision code is appropriate in order to accommodate changes in the policy guidance of the City's Comprehensive Plan; and WHEREAS, the purpose of the amendment to the City Code provided herein is to better respond to the market place regarding development within the City; and WHEREAS, Chapter 58.17 of the Revised Code of Washington (RCW) establishes the legal foundation and framework for subdividing land in Washington State; and WHEREAS, RCW 58.17.033 requires that jurisdictions establish land division procedures within their local city code and the City of Auburn has adopted Title 17 of the City Code, which sets forth the City's land division procedures; and WHEREAS, RCW 58.17.020 defines a short subdivision as four or fewer lots, but authorizes the legislative authority of any city or town to adopt, by local ordinance, an increase, to a maximum of nine, the number of lots, tracts, or parcels to be regulated as short subdivisions; and --------------------------------- Ordinance No. 6537 October 28, 2014 Page 1 WHEREAS, this code amendment was subject to environmental review process under the Washington State Environmental Policy Act (SEPA); a Determination of Non- Significance (DNS) was issued September 24, 2014, and the City observed a fourteen- day public comment period, and the City did not receive any comments in response to notice of the public comment period; and WHEREAS, the proposed code amendment was considered by the Planning Commission at a duly noticed public hearing on October 7, 2014, and after the close of the public hearing the Planning Commission forwarded a recommendation for approval to the City Council; and WHEREAS, the proposed code amendment was then reviewed by the Planning and Community Development Committee of the City Council on October 13, 2014, and the Committee recommended approval to the full City Council of the code change as recommended by the Planning Commission; and WHEREAS, the City Council determined, in light of the recommendations it received, that the following code changes are in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN, as follows: Section 1. Amendment to City Code. That section 17.09.010 of the Auburn City Code entitled "Development Standards" is hereby amended as follows: 17.09.010 General provisions. Every short subdivision shall comply with the provisions of this chapter. Land shall be divided by the short subdivision method according to the provisions of this title, if the three following criteria are met: A. The division will not result in the creation of more than fear-nine lots. B. The original tract being divided has not been created by a short subdivision within the previous five years, except that when the short subdivision --------------------------------- Ordinance No 6537 October 28, 2014 Page 2 I contains fewer than feo-r-nine parcels, a revised short subdivision may be filed within the five-year period to create up to a total of four nine lots within the original short subdivision boundaries. C. The entire original tract (except adjacent platted or short subdivided land) shall be included within one short subdivision application; provided, that a pre-existing, unplatted adjacent parcel may also be excluded if it is 20 acres or greater in size. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.010). Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. 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 4. 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: NOV -3 2014 PASSED: NOV -3 2014 APPROVED: NOV -3 2014 N(�t A J- ,, �10 NANCY C KUS, MAYOR ATTEST: Da 'elle E. Daskam, City Clerk --------------------------------- Ordinance No. 6537 October 28, 2014 Page 3 APP VED AS TO FORM: (A ZIA () Daniel B. Heid, City A rn PUBLISHED:,��, ,, ,, oa --------------------------------- Ordinance No. 6537 October 28, 2014 Page 4 i