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HomeMy WebLinkAboutO-3032 - Related to exp of subdivision, short subdivision, and binding site plansCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. :J 0 :J )- AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, RELATING TO THE EXPIRATION OF SUBDIVISIONS, SHORT SUBDIVISIONS AND BINDING SITE PLANS, AMENDING SECTIONS 22G.090.170, 22G.090.380, 22G.100.120 AND 22A.010.160 OF THE MARYSVILLE MUNICIPAL 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.106 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 t ime to time it is necessary and appropriate to review and revise provisions of the City's municipal code and development code (MMC Title 22); and WHEREAS, the development code amendment is consistent with the following required findings of MMC 22G.010.500: (1) The amendment is consistent with the purposes of the comprehensive plan ; (2) The amendment is consistent with the purpose of this title; (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. WHEREAS, The Community Development Department sent notice of the proposed code amendment to property owners, applicants and persons of interest, on June 14, 2016, seeking comments to be returned, no later than July 8, 2016; and WHEREAS, The Community Development Department received one written comment regarding the proposed code amendment; WHEREAS, the Planning Commission discussed the above-referenced amendment during a public meeting held on July 12, 2016; and WHEREAS, on July 26, 2016, the Marysville Planning Commission held a duly- advertised public hearing; and WHEREAS, On July 26, 2016, the Marysville Planning Commission recommended City Council adopt the proposed amendments to the City's development regulations; and WHEREAS, at a public meeting on September 12, 2016, the Marysville City Council reviewed and considered the Marysville Planning Commission's Recommendation and proposed amendments to the City's development regulations; and WHEREAS, the City of Marysville has submitted the proposed development regulation revisions to the Washington State Department of Commerce on July 6, 2016, seeking expedited review under RCW 36.70A.160(3)(b) in compliance with the procedural requirement under RCW 36. 70A.106; and WHEREAS, the amendments to the development regulations are exempt from State Environmental Policy Act review under WAC 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS: Section 1. Amendment of Municipal Code. MMC Section 22G.090.170, entitled "Preliminary and final subdivision approval -Terms," is hereby amended as follows: 22G.090.170 Preliminary and final subdivision approval -Terms. (1) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing a complete application unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement. (2) Final subdivisions shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period. (3) Final subdivision approval must be acquired in accordance with RCW 58.17 .140, as follows: (a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1, 2015. An extension may be granted by the community development director for up to two years 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 community development director requesting the extension at least 30 days before expiration of the five year period. (b) Within seven years of the date of preliminary approval, if the date of preliminary approval is on or before December 31, 2014. (c) Within -±-eten years of the date of preliminary approval, if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. (d) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final plat under (a) through (c) above and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The subdivision must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260. (4) If final subdivision approval is not obtained within the time frames outlined in subsection (3) of this section, the preliminary subdivision approval is void. Section 2. Amendment of Municipal Code. MMC Section 22G.090.380, entitled "Preliminary and final short subdivision approval -Terms," is hereby amended as follows: 22G.090.380 Preliminary and final short subdivision approval -Terms. (1) Preliminary short subdivisions and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing a complete application unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17 .095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement. (2) Final short subdivisions shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period. (3) Final short subdivision approval must be acquired in accordance with RCW 58.17.140, as follows: (a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1, 2015. 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 plat within the fi'v<e year time period; provided, however, the applicant must file a 'tt'Fitten request with the community development director requesting the extension at least 30 days before expiration of the five year period. (b) Within seven years of the date of preliminary approval, if the date of preliminary approval is on or before December 31, 2014. (c) Within Mten years of the date of preliminary approval, if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. (d) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final short plat under (a) through (c) above and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The short plat must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260. (4) If final short subdivision approval is not obtained within the time frames outlined in subsection (3) of this section, the preliminary subdivision approval is void. Section 3. Amendment of Municipal Code. MMC Section 22G.100.120, entitled "Final binding site plan approval -Term," is hereby amended as follows: 22G.100.120 Final 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 director for one year if the applicant has attempted in good faith to complete the requirements of preliminary approval v.·ithin the original time period; provided, however, the applicant must file a written request with the community development director requesting the e>ctension at least 30 days prior to the expiration of the original time period. E>cception: 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 ~ RC'N, 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 RC'N 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 bet·.veen 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, ho'>'vever, the applicant must file a written request with the community development director requesting the extension at least 30 days before e><piration of the seven year period . (1) Final binding site plan approval must be acquired in accordance with RCW 58.17.140, as follows: (a) Within five years of the date of preliminary approval, if the date of preliminary approval is on or after January 1. 2015. (b) Within seven years of the date of preliminary approval. if the date of preliminary approval is on or before December 31. 2014. (c) Within ten years of the date of preliminary approval, if the project is not subject to the requirements adopted under Chapter 90.58 RCW and the date of preliminary approval is on or before December 31. 2007. Cd) An extension may be granted by the community development director for up to two years if the applicant has attempted in good faith to submit the final binding site plan under Ca) through Cc) above and has filed a written request with the community development director requesting the extension at least 30 days before the expiration date. The binding site plan must meet Marysville Municipal Code standards at the time of the extension request or must be able to meet Marysville Municipal Code standards using the minor amendment process in MMC 22G.010.260. (2) If final binding site plan approval is not obtained within the time frames outlined in subsection (1) of this section, the preliminary binding site plan is void. Section 4 . Amendment of Municipal Code. MMC Section 22A.010.160, entitled "Amendments," is hereby amended as follows by adding reference to this adopted ordinance in order to track amendments to the City's Unified Development Code (all unchanged provisions of MMC 22A.010.160 remain unchanged and in effect): "22A.010.160 Amendments. The following amendments have been made to the UDC subsequent to its adoption : Ordinance Title (description) Effective Date 3o~~ Subdivision, Short Subdivision and BSP Terms Section 5. Severabilitv. If any section, subsection, sentence, clause, phrase or word 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 6. 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 /).. -~~~fi_im_~---' 2016. CITY OF MARYSVILLE By: Attest: /} ;J By (jj'~ APRITO'BRIEN , DEPUTY CITY CLERK Approved as to form: By: Effective Date: day of 22G.010.260 Minor revisions to approved development applications. The purpose and intent of this section is to provide an administrative process for minor revisions to approved development applications. For the purposes of this section, approved development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other development applications. (1) A minor revision to an approved residential development application is limited to the following when compared to the original development application; provided, that there shall be no change in the proposed type of development or use: (a) Short subdivisions shall be limited to no more than one additional lot, provided the maximum number of lots allowed in a short subdivision is not exceeded . (b) Subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments shall be limited to the lesser of: (i) A 10 percent increase in the number of lots or units; or (ii) An additional 10 lots or units, provided the additional/lots units will not cause the project to exceed the maximum categorical exemption threshold level established in MMC 22E.030.090. (c) A reduction in the number of lots or units. (d) A change in access points may be allowed when combined with subsection (l)(a) or (b) of this section or as a standalone minor revision; provided, that it does not change the trip distribution. No change in access points that changes the trip distribution can be approved as a minor revision. (e) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes. (f) A change to the internal lot lines that does not increase lot or unit count beyond the amount allowed for a minor revision. (g) A change in the aggregate area of designated open space that does not decrease the amount of designated open space by more than 10 percent. Under no circumstances shall the quality or amount of designated open space be decreased to an amount that is less than that required by code. (h) A change not addressed by the criteria in subsections (l)(a) through (g) of this section which does not substantially alter the character of the approved development application or site plan and prior approval. (2) A minor revision to an approved nonresidential development application is limited to the following when compared to the original development application; provided, that there is no change in the proposed type of development or use or no more than a 10 percent increase in trip generation: (a) A utility structure shall be limited to no more than a 400-square-foot increase in the gross floor area. (b) All other structures shall be limited to no more than a 10 percent increase in the gross floor area. (c) A change in access points when combined with subsection (2)(a) or (b) of this section or as a standalone minor revision. (d) A change which does not substantially alter the character of the approved development application or site plan and prior approval. (3) A minor revision may be approved subject to the following: (a) An application for a minor revision shall be submitted on forms approved by the community development department. An application for a minor revision shall not be accepted if a variance is required to accomplish the change to the approved development. (b) An application for a minor revision shall be accompanied by any fees specified in Chapter 22G.030 MMC. (c) An application for a minor revision shall require notification of the relevant city departments and agencies. (d) An application for a minor revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete. (e) The director shall grant approval of the request for a minor revision if it is determined that the minor revision does not substantially alter: (i) The previous approval of the development application; (ii) The final conditions of approval; or (iii) The public health, safety and welfare. (f) A minor revision shall be properly documented as a part of the records for the approved development application. (g) A minor revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of: (i) Preliminary approval for subdivisions or short subdivisions; or (ii) Approval for all other development applications. (4) The final determination of what constitutes a minor revision shall be made by the community development director. (Ord. 2981 § 5, 2015; Ord. 2852 § 10 (Exh. A), 2011). 22G.010.270 Major revisions to approved residential development applications. The purpose and intent of this section is to provide a process for major revisions to approved residential development applications. Residential development applications shall include short subdivisions, subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments. For the purposes of this section, approved residential development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other residential development applications. (1) A major revision to an approved residential development application is limited to the following when compared to the original development application, provided there is no change in the proposed type of development or use: (a) Subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments shall be limited to the lesser of: (i) A 20 percent increase in the number of lots or units; or (ii) An additional 20 lots or units. (b) A change in access points, when combined with subsection (l)(a) of this section. (c) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application; provided, that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes. (d) A change to the internal lot lines when combined with another criteria in subsection (1) of this section that does not increase lot or unit count beyond the amount allowed for a major revision. (e) A change in the aggregate area of designated open space beyond that allowed as a minor revision; provided, that the decrease will not result in an amount that is less than that required by code. (f) A change not addressed by the criteria in subsections (l)(a) through (e) of this section which does not substantially alter the character of the approved development application or site plan and prior approval. (2) A major revision shall require processing through the same process as a new development application subject to the following: (a) An application for a major revision shall be submitted on forms approved by the department. An application for a major revision shall not be accepted if a variance is required to accomplish the change to the approved development. (b) An application for a major revision shall be accompanied by any fees specified in Chapter 22G.030 MMC. (c) An application for a major revision shall require public notice pursuant to MMC 22G.010.090. (d) An application for a major revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete. (e) The community development director or the hearing examiner shall grant approval of the major revision if it is determined that the major revision does not substantially alter: (i) The previous approval of the development application; (ii) The final conditions of approval; or (iii) The public health, safety and welfare. (f) A major revision shall be properly documented as a part of the records for the approved development application. (g) A major revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of: (i) Preliminary approval for subdivisions or short subdivisions; or (ii) Approval for all other residential development applications. (3) The final determination of what constitutes a major revision shall be made by the community development director. (Ord. 2981 § 6, 2015).