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Home My WebLink AboutO-2894 - Amends Sec. 22A.010.160, 22G.090.170, 22G.090.380 and 22G.100.120, plat extensions (22A.010, 22G.090, 22G.100)OF MARYSVILLE Marysville, Washington ORDINANCE NO. ;2.8(l l / AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING THE CITY'S DEVELOPMENT REGULATIONS BY AMENDING SECTIONS 22G.090.170 AND 22G.090.380 OF MMC CHAPTER 22G.090, SUBDIVISIONS AND SHORT SUBDIVISIONS; AMENDING SECTION 22G.100.120 OF MMC CHAPTER 22G.l00, BINDING SITE PLAN; AND AMENDING SECTION 22A.Ol0.160 OF MMC CHAPTER 22A.Ol0, GENERAL ADMINISTRATION, RELATED TO TRACKING AMENDMENTS TO THE CITY'S UNIFORM DEVELOPMENT CODE. WHEREAS, the State Growth Management Act, RCW Chapter 36.70A mandates that cities periodically review and amend development regulations which include but are not limited to zoning ordinances and official controls; and WHEREAS, RCW 36.70A.I06 requires the processing of amendments to the City's development regulations in the same manner as the original adoption of the City's comprehensive plan and development regulations; and WHEREAS, the State Growth Management Act requires notice and broad public participation when adopting or amending the City's comprehensive plan and development regulations; and WHEREAS, the City, in reviewing and amending its development regulations has complied with the notice, public participation and processing requirements established by the Growth Management Act, as more fully described below; and WHEREAS, the City Council of the City of MarySVille finds that from time to time it is necessary and appropriate to review and revise provisions of the City's development code (MMC Title 22); and WHEREAS, during a public meeting on December 13, 2011, the Planning Commission discussed proposed amendments to MMC 22G.090.170 and .380 and MMC 22G.100.120 regarding extensions of the time period for final approval of a subdivision, short subdivision and binding site plan; and WHEREAS, after providing notice to the public as reqUired by law, on February 14, 2012, the Marysville Planning Commission held a Public Hearing on the proposed amendments to the City's development regulations; and WHEREAS, on February 14, 2012 the Planning Commission submitted a written Recommendation, including Findings and Conclusions, to the City Council recommending the adoption of the proposed amendments to MMC 22G.090.170 and .380 and MMC 22G.I00.120; and WHEREAS, at a public meeting on Lf-. 2~1 L , the Marysville City Council reviewed and considered the Planning Commission's Recommendation and proposed amendments to the development regulation; and WHEREAS, the City of Marysville has submitted the proposed development regulation revisions to the Washington State Department of Commerce on December 7, 2011, as required by RCW 36.70A.106; and WHEREAS, the City has complied with the requirements of the State Environmental Policy Act, Ch,43.21C RCW, (SEPA) by adopting a determination of non-significance for the proposed revisions to the City's development regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Aooroval of Planning Commission's Recommendation and Adoption of Findings and Conclusions. The Planning Commission's February 14, 2012 Recommendation regarding the proposed development regulation revisions, including the Findings and Conclusions contained therein, as set forth in the attached Exhibit "A", is hereby adopted and incorporated herein by this reference. Section 2. Required Findings. In accordance with MMC 22G.OIO.500, the folloWing findings are made regarding the development regulation amendments subject of this ordinance: (1) The amendments are consistent with the purposes of the comprehensive plan; (2) The amendments are consistent with the purpose of Title 22 MMC; (3) There have been significant changes in the circumstances to warrant a change; (4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action. Section 3. Section 22G.090.170, Limitations on approval, of MMC Chapter 22G.090, Subdivisions and Short Subdivisions, is hereby amended to read as follows: 22G.090.170 Liffiitatiens an appra·...aIFinal subdivision approval term. Final subdivision approval must be acquired within five years of preliminary approval, after which time the preliminary subdivision approval is void. The five-year time frame shall commence from the effective date of the decision approving the subdivision. An extension may be granted by the €tty councilcommunity development director for one year if the applicant has attempted in good faith to submit the final plat within the five-year time period; provided, however, the applicant must file a written request with the city councilcommunity development director requesting the extension at least 30 days before expiration of the five-year period. Exception: Effective until December 31, 2:014, a final subdivision meeting all the requirements of this-ehapter shall be submitted to the city for approval within seven years of the date of preliminary subdivision approval pursuant to RCW 58.17.140. For plats which obtained preliminary plat approval on or before December 31, 2007, and are not subject to the requirements adopted under chapter 90.58 RCW, a final plat meeting all requirements of this chapter must be submitted for approval within nine years of the date of preliminary plat approval pursuant to RCW 58.17.140. For Jllats which obtained preliminary plat approval between January 1, 2008 and December 31. 2014. a final plat meeting all requirements of this chapter must be submitted for approval within seven vears of the date of preliminary plat approval pursu~nt to RCW 58.17.140. An extension may be granted by the community de~elopment director for up to two years on plats which received preliminary plat approval between January 1. 2008 and December 31. 2014. if the applicant has attempted In good faith to submit the final subdivision within the seven-year time period: prOVided. however. the applicant must file a written reg1uest with the community development director requesting the extension at least 30 days before expiration of the seven-year period. Section 4. Section 22G.090.380, Time limits for action, of MMC Chapter 22G.090, Subdivisions and Short Subdivisions, Is hereby amended to read as follows: 226.090.380 Time limits fer aetieftPreliminary and final short subdivision approval -terms. (1) Approval within 60 Calendar Days. Preliminary short subdivisions shall be approved, disapproved or returned to the applicant within 60 calendar days from the date of filing a complete application, unless the applicant consents to a written extension of such time period; prOVided, that If an environmental impact statement is reqUired as proVided In RCW 43.21C.030, the time period shall not include the time spent preparing and circulating the EIS. (2) Limitation on Approval. Final short subdivision approval must be acqUired within five years of preliminary approval, after which time the preliminary short subdivision approval is void. The five-year time frame shall commence from the effective date of the decision approving the short subdivision. An extension may be granted by the community development director for one year If the applicant has attempted in good faith to submit the final short plat within the five-year time period; provided, however, the applicant must file a written request with the community development director requesting the extension at least 30 days before expiration of the five-year period. Exception: Effective uAtii Deceffiber 31, 2014, a flAal subdl\'!slon meetlAg all t"'e f€~UlremeRts of t"'is chapter shall be subffiitted to the city far approval with/A seto'eR 'fears of the dote of preliffilnary subdivision 013131'0"'01 pursuoAt to ReIN 58.17.140. For short plats which obtained preliminary short plat approval on or before December 31. 2007, and are not subject to the reqUirements adopted under chapter 90.58 RCW, a fjnal short plat meeting all requirements of this chapter shall be submitted for approval within nine years of the date of preliminary short plat approval pursuant to RCW 58.17.140. For short plats which obtained preliminary short plat approval between January 1. 2008 and December 31. 2014. a final short plat meeting all requirements of this chapter shall be submitted for approval within seven years of the date of preliminary short plat approval pursuant to RCW 58.17.140. An extension may be granted by the community development director for UP to two years OD short plats which received preliminary short plat approval between January 1, 2008 and December 31. 2014, if the applicant has attempted In good faith to submit the final short subdivision within the seven-year time period; provided, however. the applicant must file a written request with the community development director requesting the extension at least 30 days before expiration of the seven-year period. Section 5. Section 22G.100.120, Time limitation for action, of MMC Chapter 22G.I00, Binding Site Plan, Is hereby amended to read as follows: 22G.l00.120 Time limitatietl fer aetietlFinal binding site plan approval ~ term. The applicant must complete all conditions of preliminary approval within five years following the date of preliminary approval, after which the preliminary approval is void. An extension may be granted by the community development departmentdirector for one year if the applicant has attempted in good faith to complete the requirements of preliminary approval within the original time period; provided, however, the applicant must file a written request with the community development dcpartmcRtdirector requesting the extension at least 30 days prior to the expiration of the original time period. If the biRding site plan vvas approved through the public review process, this extension request must be made to the city council. Exception: Effective until December 31, 2014, a final binding site plan meeting all the requirements of this chapter shall be submitted to the city for approval within seven years of the date of preliminary binding site plan approval pursuant to Rev.' 58.17.140. For binding site plans which obtained preliminary binding site plan approval on or before December 31, 2007, and are not subject to the requirements adopted under chapter 90.58 RCW, a final binding site plan meeting all requirements of this chapter shall be submitted for approval within nine years of the date of preliminary binding site plan approval pursuant to RCW 58.17.140. For binding site plans which obtained preliminary binding site plan approval between January 1, 2008 and December 31, 2014, a final binding site plan meeting all requirements of this chapter shall be submitted for approval within seven years of the date of preliminary binding site plan approval pursuant to RCW 58.17.140. An extension may be granted by the community development director for up to two years on binding site plans which received preliminary binding site plan approval between January 1, 2008 and December 31, 2014, if the applicant has attempted in good faith to submit the final binding site plan within the seven-year time period; provided, however. the applicant must file a written request with the community development director requesting the extension at least 30 days before expiration of the seven-year period. Section 6. Section 22A.010.160, Amendments, of MMC Chapter 22A.010, General Administration, is hereby amended as follows by adding reference to this adopted ordinance in order to track amendments to the City's Unified Development Code: "22A.OI0.16Q Amendments. The follOWing amendments have been made to the UDC subsequent to its adoption: Ordinance Title (description) Effective Date Plat Extensions D.p~. <-2 ), 201).." Section 7. Severability. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 8. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this day of _A1.-J·,+-·?"",,--,6~.l-,--__, 2012. :~~st:Uo~ \)Q~~ CIlY CLERK Approved as to form: f) By: !J~(C... (~/0k=--==---__ IGRANT K. WEED, CITY ATTORNEY Date of Publication: Effective Date: ij-Z3··/ L (5 days after publication)