HomeMy WebLinkAboutO-3075 - Relating to Administrative Review of Final and Short SubdivisionsCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 0 7 _s-
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO ADMINISTRATIVE REVIEW OF FINAL SUBDIVISIONS
AND SHORT SUBDIVISIONS, AMENDING SECTIONS 22G.090.160,
22G.090.260, 22G.090.270, 22G.090.290, 22G.090.400 AND
22G.090.480 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the Legislature amended RCW 58.17.100 to authorize local legislative
authorities to delegate final plat approval to administrative personnel; and
WHEREAS, final plat approval is in the nature of a ministerial, non-discretionary
process; that is, if the applicant meets the terms of preliminary approval and the plan
conforms with state law and local ordinances, final approval must be granted; and
WHEREAS, under the current municipal code, the director of the community
development department and the city engineer must review the final plat and certify whether
it meets legal requirements; and
WHEREAS, after the plat is certified by the community development director and city
engineer, the City Council must approve the final plat; and
WHEREAS, delegating final plat approval to the director of the community
development and the city engineer will make the process more efficient and expedite the
approval of final plats meeting all legal requirements.
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 time 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;
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(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, on November 14, 2017, the Marysville Planning Commission held a duly-
advertised public hearing; and
WHEREAS, on November 14, 2017, the Marysville Planning Commission
recommended City Council adopt the proposed amendments to the City's development
regulations; and
WHEREAS, at a public meeting on December 11, 2017, 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 October 31, 2017, 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.090.160, entitled
"Approval of preliminary subdivisions -Effect," is hereby amended as follows:
22G.090.160 Approval of preliminary subdivision -Effect.
Approval of the preliminary subdivision shall constitute authorization for the applicant
to develop the subdivision facilities and improvements as required in the approved
preliminary subdivision. Development shall be in strict accordance with the plans and
specifications as approved by the public works department and shall be subject to any
conditions imposed by the hearing examiner and city council.
Section 2. Amendment of Municipal Code. MMC Section 22G.090.260, entitled
"Review process -Action by city staff," is hereby amended as follows:
22G.090.260 Review process -Action by city staff.
(1) Applicants for final subdivision approval shall file their final plats meeting all the
requirements of Chapter 58.17 RCW and this title with the city's community
development department. The community development department shall review the
final plat and circulate it to other city departments to determine whether the
requirements of this title have been met.
(2) The community development director and city engineer shall determine whether
requirements of this title have been met. If the requirements have been met, they shall
certify that the proposed final plat meets the requirements of Chapter 58.17 RCW and
this title, and forward a complete copy of the proposed plat to the city council.
(3) If either the community development director or the city engineer determines
that the requirements of this title have not been met, the final plat shall be returned to
Code Amendment Final Subdivision -Administrative Approval Page 2 of 8
the applicant for modification, correction or other action as may be required for
approval; provided, that the final plat shall be forwarded to the city council together
with the determinations of the community development director and the city engineer,
upon written request of the applicant.
(4) Pursuant to the requirements of RCW 58.17.150, neither the community
development director nor the city engineer shall modify the requirements made in the
hearing examiner approval of the preliminary plat when approving making
recommendations on the final plat without the consent of the applicant, except as
provided in Chapter 58.17 RCW.
Section 3. Amendment of Municipal Code. MMC Section 22G.090.270, entitled
"Review process -Action by city council," is hereby amended as follows:
22G.090.270 Review process -AdieA by-eit:y eouneil Final approval.
(1) For the purpose tio ensure all conditions have been met, the community
development director and city engineer city council shall will determine, at a public
meeting, whether the subdivision proposed for final subdivision approval conforms to
all terms of preliminary approval, and whether the subdivision meets the requirements
of this title, applicable state laws and all other local ordinances adopted by the city
which were in effect at the time of preliminary approval.
(2) If the conditions have been met, the city council shall authorize the mayor te
will inscribe and execute tflei-r-the city's written approval on the face of the plat map.
If the community development director and city engineer city council disapproves the
plat, it will be returned to the applicant with reasons for denial and conditions for
compliance.
Section 4. Amendment of Municipal Code. MMC Section 22G.090.290, entitled
"Filing original plat and copies," is hereby amended as follows:
22G.090.290 Filing original plat and copies.
When the community development director and city engineer city council finds that the
subdivision proposed for final approval has met all the conditions of final approval, then
the applicant shall give the original plat of said final subdivision for recording to the
Snohomish County auditor. The applicant will also furnish the city with one reproducible
Mylar copy of the recorded plat and one paper copy will be filed with the Snohomish
County auditor.
Section 5. Amendment of Municipal Code. MMC Section 22G.090.400, entitled
"Final submittal -Short plat," is hereby amended as follows:
22G.090.400 Final submittal -Short plat.
The final short plat drawings shall be on Mylar drafting film having the dimensions of
18 inches by 24 inches. Information required shall include:
(1) The date, north arrow, and appropriate engineering scale as approved by the
community development department (e.g., one inch equals 20 feet; one inch equals
30 feet; one inch equals 40 feet; one inch equals 50 feet; one inch equals 60 feet);
(2) Boundary lines, right-of-way for streets, easements, and property lines of lots
and other sites with accurate bearings, dimensions or angles and arcs, and of all curve
data;
(3) Names and right-of-way widths of all streets within the short subdivision and
immediately adjacent to the subdivision. Street names will be consistent with the
names of existing adjacent streets;
(4) Number of each lot consecutively;
(5) Reference to private covenants or special plat restrictions, either to be filed
separately or on the face of the plat;
Code Amendment final Subdivision -Administrative Approval Page 3 of 8
(6) Zoning setback lines, building sites when required by the city;
(7) Existing structures, all setbacks, and all encroachments;
(8) Location, dimensions and purpose of any easements;
(9) Location and description of monuments and lot corners set and found;
(10) Primary control points, and datum elevations if applicable, approved by the
public works department. Descriptions and ties to all control points will be shown with
dimensions, angles and bearings;
(11) The final short plat will also contain the following:
(a) Dedications. The intention of the owner shall be evidenced by his
presentation for filing of a final short plat clearly showing the dedication thereof
and bearing the following certificate signed by all real parties of interest:
Know all men by these presents that the undersigned owner(s),
in fee simple of the land hereby platted, and , the mortgage
thereof, hereby declare this short plat and dedicate to the use of the
public forever all streets, avenues, places and sewer easements or
whatever public property there is shown on the short plat and the use
for any and all public purposes not inconsistent with the use thereof for
public highway purposes. Also, the right to make all necessary slopes
for cuts and fills upon lots, blocks, tracts, etc. shown on this short plat
in the reasonable original grading of all the streets, avenues, places,
etc. shown hereon. Also, the right to drain all streets over and across
any lot or lots where water might take a natural course after the street
or streets are graded. Also, all claims for damage against any
governmental authority are waived which may be occasioned to the
adjacent land by the established construction, drainage, and
maintenance of said roads.
Following original reasonable grading of the roads and ways hereon, no
drainage waters on any lot or lots shall be diverted or blocked from their
natural course so as to discharge upon any public road rights-of-way to
hamper proper road drainage. The owner of any lot or lots, prior to
making any alteration in the drainage system after the recording of the
short plat, must make application to and receive approval from the
director of the department of public works for said alteration. Any
enclosing of drainage waters in culverts or drains or rerouting thereof
across any lot as may be undertaken by or for the owner of any lot shall
be done by and at the expense of such owner.
IN WITNESS WHEREOF we set our hands and seals this __ day of
__ ,20_.
In the event that a waiver of right of direct access is included, then the
certificate shall contain substantially the following additional language:
That said dedication to the public shall in no way be construed to permit
a right of direct access to street from lots numbered nor
shall the city of Marysville or any other local governmental agency ever
be required to grant a permit to build or construct an access of approach
to said street from said lots.
(b) Acknowledgment.
STATE OF WASHINGTON)
: SS.
COUNTY OF SNOHOMISH)
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This is to certify that on this __ day of __ , 20_, before me, the
undersigned, a notary public, personally appeared __ , to me known
to be the person(s) who executed the foregoing dedication and
acknowledgment to me that __ signed the same as __ free and
voluntary act and deed for the uses and purposes therein mentioned.
Witness my hand and official seal the day and year first above-written.
NOTARY PUBLIC in and for the State of Washington, residing at
(Seal)
( c) Restrictions. The following restrictions shall show on the face of the
final short plat:
(i) No further subdivision of any lot without resubmitting for
formal plat or revised short plat consistent with Title 22 of the Marysville
Municipal Code.
(ii) The sale or lease of less than a whole lot in any subdivision
platted and filed under Title 22 of the Marysville Municipal Code is expressly
prohibited except in compliance with Title 22 of the Marysville Municipal
Code.
(iii) The following shall be required when the short plat contains
a private road:
The cost of construction and maintaining all roads not herein
dedicated as public roads shall be the obligation of all of the
owners and the obligation to maintain shall be concurrently the
obligation of any corporation in which title of the roads and
streets may be held. In the event that the owners of any lots
served by the roads or streets of this short plat shall petition the
council to include these roads or streets in the public road
system, the petitioners shall be obligated to bring the same to
city road standards applicable at the time of petition in all
respects, including dedication of rights-of-way, prior to
acceptance by the city.
(iv) All landscaped areas in public rights-of-way shall be
maintained by the developer and his successor(s) and may be reduced or
eliminated if deemed necessary for or detrimental to city road purposes.
(v) The location and height of all fences and other obstructions
within an easement as dedicated on this plat shall be subject to the approval
of the Director of Public Works or his designee.
(d) Approvals.
(i) Examined and approved this __ day of __ , 20_.
City Engineer, City of Marysville
(ii) Examined and approved this __ day of __ , 20_.
Community Development Director, City of Marysville
(iii) Examined, found to be in conformity with applicable zoning
and other land use controls, and approved this day of , 20
Code Amendment Final Subdivision -Administrative Approval Page 5 of 8
Mayor Attest: City Clerk
( e) Certificates.
(i) I hereby certify that the short plat of __ is based upon an
actual survey and subdivision of Section __ , Township __ North, Range
__ EWM as required by the state statutes; that the distances, courses and
angles are shown thereon correctly; that the monuments shall be set and
lot and block corners shall be staked correctly on the ground, that I fully
complied with the provisions of the state and local statutes and regulations
governing platting.
Licensed Land Surveyor
(Seal)
(ii) I hereby certify that all state and county taxes heretofore
levied against the property described herein, according to the books and
records of my office, have been fully paid and discharged, including __
taxes.
Treasurer, Snohomish County
(iii) Filed for record at the request of __ this __ day of __ ,
20_, at __ minutes past _m, and recorded in Vol._ of Plats, page_,
records of Snohomish County, Washington.
Auditor, Snohomish County
Section 6. Amendment of Municipal Code. MMC Section 22G.090.480, entitled
"Final approval -Procedure," is hereby amended as follows:
22G.090.480 Final approval -Procedure.
(1) To ensure all conditions have been met, ::i::Ae the community development
director and city engineerpublic works director shall will determine tfta.t-whether the
short subdivision proposed for final approval conforms to all the terms of preliminary
approval, and fl:tat whether the short subdivision meets the requirements of this title,
applicable state laws and all other local ordinances adopted by the city which were in
effect at the time of preliminary approval.
(2) If the conditions have been met, the community development director and
public woFl<s diFectoF mavor sftaH will inscribe and execute tfte+t=the city's written
approval on the face of the short plat map. If the community development director and
city engineer disapprove the short plat, it will be returned to the applicant with reasons
for denial and conditions for compliance.
Section 7. 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
3o1S Final Subdivision -Administrative Approval
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Section S. Severability. 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 l \ day of
_\)_&~e_m_b~er~ __ , 2011.
Code Amendment Final Subdivision -Administrative Approval Page 7 of 8
CITY OF MARYSVILLE
By ~~ . JON N RING, MAYOR
Attest:
By: -diVlf/(_, Br<ocJL-
APR 'B RIEN, DEPUTY CITY CLERK
·-r1Vl.a.., ~L-
Approved as to form:
By :
LKER, CITY ATTORN Y
Date of Publication: 1-z....)I'-" J 2-0l 7
Effective Date: I 2--} 'J-i ) Zo 11
(5 days after publication)
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