HomeMy WebLinkAbout2017-030 Text Amendments to YMC Title 14 Subdivision Ordinance; Final Long PlatsAN ORDINANCE
ORDINANCE NO. 2017-030
amending the City of Yakima Municipal Code, Section 14.20:
Subdivision—Procedure and Section 14.05: General Provisions,
to allow the Community Development Director, rather than the
City Council, to approve final subdivision plats.
WHEREAS, Yakima Municipal Code section 14.20 specifies the procedures for
review and approval of final plats; and
WHEREAS, the Yakima City Council currently is the authorized decision -maker
to approve a proposed final plat; and
WHEREAS, Senate Bill 5674 approved by the Washington State Legislature
and signed into law by Governor Jay Inslee on April 27, 2017—with an effective date of
July 23, 2017—authorizes a local legislative authority to adopt an ordinance delegating
final plat approval to an established planning commission or agency, or to such other
administrative personnel; and
WHEREAS, the Yakima Planning Commission is responsible for the review of
amendments to the City's subdivision ordinances and for recommending modifications
thereto; and
WHEREAS, the Planning Commission held a study session on August 9, 2017
where it reviewed the Senate Bill; and
WHEREAS, the Planning Commission reviewed the proposed text changes to
the Yakima Municipal Code on October 11, 2017, after Notice of a public hearing was
properly sent, and an opportunity for written comment was provided; and
WHEREAS, on October 11, 2017, the Planning Commission held a public
hearing on the text amendments, heard from City staff and public comment, and
WHEREAS, after the public hearing and review by the Planning Commission it
recommended that the City Council adopt the changes, as proposed, to the Yakima
Municipal Code to allow administrative personnel to sign and approval final plats, as
evidenced in its Recommendations to the Yakima City Council for Amendment to
Yakima Municipal Code Title 14 Subdivision document, dated October 24, 2017; and
WHEREAS, the Yakima City Council seeks to maximize the efficiency of the
final plat approval process; and
WHEREAS, the City Council of the City of Yakima finds it is in the best interests
of the City and its residents to amend the final plat procedure to allow for final plat
approval administratively rather than by council approval; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Yakima Municipal Code section 14.20.180(A) shall be amended to
read as follows:
14.20.180 Final plat—Submission for approval required—Copies—Fees.
A. A final plat of a proposed subdivision may be submitted for approval by the
administrator by filing the proposed final plat with the planning division within five
years from the date of approval of the preliminary plat or within the time provided
as an extension granted by the city council.
Section 2. Yakima Municipal Code section 14.20.200 shall be amended to
read as follows:
14.20.200 Final plat—Conformance with preliminary plat approval.
A proposed final plat must conform to the conditions of preliminary plat approval.
The administrator may approve a proposed final plat which, because of
unforeseen technical or engineering problems, involves minor deviations from
the preliminary plat.
Section 3. Yakima Municipal Code section 14.20.210 shall be amended to
read as follows:
14.20.210 Final plat—Requirements.
Each final plat submitted for approval shall be drawn at a scale of one inch
equals one hundred feet or larger, shall be eighteen inches by twenty-four inches
in size, and shall contain the following information on the face of the plat or on
additional sheets if approved by the administrator:
A. Date, north arrow and scale.
B. Name of the subdivision.
C. Accurate and complete legal description of the subdivision on the face of
the final plat.
D. A complete survey of the section or sections in which the plat or replat is
located, or as much thereof as may be necessary to properly orient the plat
within such section or sections.
E. Boundary lines of the subdivision; of the proposed lots therein; of the rights-
of-way for any streets, highways, roads, easements or other uses; and of any
associated dedications; all to be indicated by accurate dimensions, bearing or
deflection angles, and radii, arcs, and central angles of all curves.
F. Notation and description of any protective improvements or dedications
required by the city council or otherwise provided.
G. Reference to any recorded subdivision or short subdivision adjoining the
subdivision.
H. Name and right-of-way width of each street or other right-of-way.
I. Location, dimensions, and purpose of any easements.
J. Number to identify each lot and block.
K. Addresses for each lot within the plat.
L. Purpose for which sites, other than residential lots, are dedicated or
reserved.
M. Certificate by the professional surveyor certifying to the accuracy of the
survey and plat in substantially the following form:
I, , a Professional Land Surveyor, do
hereby certify that the plat of
is based upon an actual
survey and subdivision of Section , Township , Range
, that the distances, courses, and angles are shown thereon
correctly and that monuments and lot corners have been set on the
ground as shown on the plat.
(Surveyor's signature and seal)
N. Acknowledged certificate of free consent executed by all parties having any
interest in the lands being subdivided as shown by a current title report; and also,
in the case of plats containing a dedication of roads, streets, or other areas, the
dedication, waiver of claims for damages, and, if required, a waiver of direct
access, all pursuant to RCW 58.17.165 and in a form substantially the same as
specified by YMC 14.15.090(1).
0. If the subdivision lies wholly or in part in an irrigation district, a statement
evidencing irrigation water right-of-way in substantially the following form:
The property described hereon is wholly or in part within the
boundaries of the Irrigation District
and all lots within the short plat are subject to the terms, conditions,
reservations and obligations in the present and future concerning
irrigation water rights-of-way and easements as may be imposed by
said district in accordance with the law.
P. Dedication by the owner of streets, rights-of-way, easements, and any sites
for private, semi -private, or public use.
Q. The signature of the city engineer or other licensed engineer acting on
behalf of the city. Signature by the city engineer shall certify that the subdivision
applicant has either:
1. Completed all improvements in accordance with these regulations
and with the action of the city council; or
2. Submitted a bond or other method of security in accordance with the
provisions of YMC 14.20.130 sufficient to assure completion of all
required improvements.
R. A space for the signature of the administrator certifying that the final plat
conforms to the conditions of approval for the preliminary plat.
Section 4. Yakima Municipal Code section 14.20.220 shall be amended to
read as follows:
14.20.220 Final plat approval.
Upon receipt of a final plat meeting the requirements of YMC 14.20.210, the
administrator shall review the final plat and shall approve the final plat if the
administrator determines that the final plat conforms to the conditions of
preliminary plat approval and applicable state laws and meets the requirements
of YMC Title 14 as they existed when the preliminary plat was approved. The
administrator shall evidence final plat approval by signing the final plat in
accordance with YMC 14.20.210.
Section 5. Yakima Municipal Code section 14.20.230 shall be amended to
read as follows:
14.20.230 Final plat—Recording.
All final plats approved by the administrator shall be filed for record immediately,
or as soon as possible, by the subdivision applicant in the Yakima County
auditor's office. The subdivision applicant shall be responsible for all filing fees.
Any final plat filed for record containing a dedication shall be accompanied by a
current title report. A copy of the recorded plat shall be provided to the city prior
to the issuance of any building permits.
Section 6. Yakima Municipal Code section 14.05.050 shall be amended to
read as follows:
14.05.050 Authority.
Pursuant to RCW Chapter 58.17, primary authority for subdivision and short
subdivision of land in the city of Yakima is vested in the city council as the
legislative body. Pursuant to RCW 58.17.060, the Yakima city council delegates
responsibility for final determination of proposed short plats and boundary line
adjustments to the planning manager, or designee. Pursuant to RCW Chapter
58.17 and YMC 1.43.080, the hearing examiner is authorized to make a
recommendation to the city council on preliminary plats and modifications to
preliminary plats, and to make final decisions on requests for preliminary plat
extension under RCW 58.17.140, plat amendment and plat vacation. The city
council shall make final decisions on all preliminary plats and modifications to
approved preliminary plats. Pursuant to RCW 58.17.100, the Yakima city council
delegates responsibility for final plat approval to the administrator, or designee.
Section 7. Yakima Municipal Code section 14.05.200 shall be amended to
read as follows:
14.05.200 Allowance of bond in lieu of actual construction of
improvements prior to approval of short plat or final plat.
A. The subdivision or short subdivision applicant may, as an alternative to
actual construction of any required improvements, provide a surety bond or other
secure method providing for and securing to the city the actual construction of
required improvements within a specified period of time and expressed in a bond
or other appropriate instrument establishing such security. Any bond or other
method of securing actual construction of required improvements shall specify
the improvements covered and the schedule for completion.
B. In cases of subdivision, the bond or other method of securing actual
construction of required improvements shall be subject to approval by the city
engineer and city attorney prior to approval of the final plat by the administrator.
In cases of short subdivisions, the bond or other method of securing actual
construction of required improvements shall be subject to approval by the city
engineer and city attorney prior to approval of the final short plat by the
administrator. In no case shall the amount of the bond or other method of
securing actual construction of required improvements be Tess than one hundred
ten percent of the estimated actual cost of the improvements based upon the
approved civil engineering design of the required improvements.
Section 8. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21St day of
November, 2017.
Carmen Mendez, Mayor Pro
ATTEST:
Sonya Clam Jee, City ClerkofN`,';
L`� +a-
Publication Date: November 244:201k7„' -`c'
Effective Date: December 24, 2017
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
1
Item No. 10.
For Meeting of: November 21, 2017
Open record public hearing and Ordinance regarding text
amendments to YMC Title 14, Subdivision Ordinance to allow
administrative approval of final long plats
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager (509) 575-6042
SUMMARY EXPLANATION:
The Legislature passed Senate Bill 5674, allowing local legislative bodies to adopt an ordinance
delegating final plat approval to administrative personnel. Governor I nslee signed the bill on April
27, 2017 and it became effective July 23, 2017. City Staff brought the bill to the attention of the
NCBC. The NCBC referred the matter to the Planning Commission for review. The Planning
Commission reviewed the proposed text changes during a study session in August, and then set
the matter for a public hearing on October 11, 2017. After reviewing the staff information and
hearing public comment, the Planning Commission recommended that the amendments be
made, in conformity with Senate Bill 5674, to allow an administrative official to approve final plats.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Pass Ordinance
City Manager
BOARD/COMMITTEE RECOMMENDATION:
The Yakima Planning Commission issued its written recommendation for approval on October
24, 2017.
ATTACHMENTS:
Description Upload Date
O Proposed OrdinanceOean 11/13/2017
O Proposed Ordinance Redline 11/13/2017
O Complete Record Final Plats 11/9;2017
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Type
Ordinance
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