HomeMy WebLinkAbout08-09-17 YPC PacketFOR't":tE
FECA)FD/"VIIt E
%,% DEPARTMENT OF COMMUNITY DEVELOPMENT
"s All IR VXX Joan Davenport, AICP, Director
PlOI Joseph Calhoun, Manager
129 North Second Street, 2°d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday August 9, 2017
3:00 p.m. - 5:00 p.m.
YPC Members.
Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Peter Marinace, Jacob Liddicoat,
Robert McCormick
Council Liaison: Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager);
Eric Crowell (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda lbarra
(Administrative Assistant); and Lisa Maxey (Planning Specialist)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of July 12, 2017
VI. Discussion on New State Legislation Regarding Final Plat Approval
VII. Other Business
VIII. Adjourn
Next Meeting. August 23, 2017
Arr
SIGN -IN SHEET i Tanning
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday August 9, 2017
Beginning at 3:00 p.m.
Public Meeting
'PLEASE WRITE LEGIBLY'
7 r�
Page 1 08/09/2017 YPC Meeting
MBAKS COM 1! 42'� 4'j 11 /920 1 425 646 A�
135 I1(,nn[ AVII-NUL `uV i 131 H1,11 AR, , WASI OuN 1011 98004
D N 1 r I'll 0 S i B DIN i i N 1 / i 1 l i r a
BACKGROUND:
On April 27, 2017, Governor Jay Inslee signed into law Senate Bill 5674, providing a
local option to allow administrative approval of the final plat process on long
subdivisions. Specifically, the new law allows local jurisdictions to change the final plat
approval process for subdivisions from a legislative approval process to one that is
administrative, meaning local governments can delegate final plat approval to planning
directors or other designated authorities. It is a strictly local option for city and county
councils who choose to make the change.
The change brings final long plat approvals into alignment with the approval process for
short plats (nine or fewer lots) authorized under RCW 58.17. As with short plats,
planning departments currently make final decisions on building permits, variances,
administrative conditional use permits, shoreline substantial development permits,
binding site plans, and boundary line adjustments, among others. Administrative
approvals in land use matters are not unprecedented.
The change is intended to provide significant efficiencies in many jurisdictions where it
can take a long time to get a final plat through the legislative process. The new law
(Chapter 161, 2017 Laws) becomes effective July 23, 2017.
SUBDIVISION APPROVAL:.
Approval of subdivisions in Washington state involves a two-step process: 1) approval
of the preliminary plat, which is a drawing that shows the general layout of a
subdivision; and 2) approval of the final plat, including a final drawing of the subdivision
prepared for filing with the county auditor that contains all elements and requirements
set forth in state statutes and local regulations.
Preliminary plat approvals are made by legislative authorities in counties and cities and
include all conditions that must be satisfied before construction begins. By the time a
preliminary plat is approved, all building and environmental issues must be resolved.
Final plat approval certifies that all conditions of preliminary plat approval have been
satisfied. At the final plat approval stage, the process is essentially administrative. It is
not discretionary if all conditions have been met, and that is determined by final
inspections of the permit granting agency of the city or county.
RIGHTS OF APPEAL:
Under this new law, preliminary plat approval remains the sole province of elected
councils, often delegated to a professional hearing examiner. It does not change any
environmental requirements, nor the public process or ability to appeal. Allowing
administrative approval of the final plat process in no way affects any party's appeal
rights. Citizens retain all Land Use Petition Act (LUPA) appeal rights under this new
law, and preliminary plats may still be appealed to a jurisdiction's legislative authority or
hearing examiner.
�camnAmuoou 1 *osas| 79 20 | 425 6*6 5985
BENEFITS OFALLOWING ADMINISTRATIVE APPROVAL OFTHE
FINAL PLAT PROCESS:
In larger jurisdictions legislation to approve final plats is often delayed due to more
pressing business before city and county councils, such as budget adoption or other
major legislation that can consume several weeks. As a result, a final approval can be
delayed, sometimes for months, even though a project is ready to go and substantial
investments have been made.
Delegating final plat
approval toplanning
directors or other
Administrative Approval of Final Plats.
designated authorities
~/ Saves Time
could save weeks and
°' Brings Greater Efficiency to Permit
even months of delay in
Process
getting oncouncil
agendas for final
~/ Reduces aOUnnecessary Cost
approval inwhat io
Pressure on Housing
largely proforma
action. Eliminating this
step will also save staff
time associated with preparing the final plat package for council.
Furthermore, allowing administrative approval of final plats will bring greater efficiency
to the permit procaee, which in important for promoting housing affordability. In
homebuilding, time is money, and anything that reduces unnecessary delays in the
CERTIFICATION OF ENROLLMENT
SENATE BILL 5674
65th Legislature
2017 Regular Session
Passed key the Senate March 3, 2017 CERTIFICATE
Yeas 44 Nays 0
I, Hunter G. Goodman, Secretary of
the Senate of the State of
Washington, do he.rebV certifv that
...................................... the attached. .is SENATE BILL 5674 as
President of the Senate passed by Senate and the House of
Representatives on the dates hereon
set fo.rth.
.Passed. by the House April 12, 2017
Yeas 55 Nays 43
Secretary
Speaker of the House of Representatives
Approved FELED
Secretary of State
State of Washington
Governor of the State of Washington
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
SENATE BILL 5674
Passed Legislature - 2017 Regular Session
State of Washington 65th Legislature 2017 Regular Session
17. Referred to Committee on Local Government -
AN ACT Relating to the final approval of subdivisions of land;
and amending RCW 58.17.100, 58.17.170, and 58.17.190.
Sec. 1. RCW 58.17.100 and 1995 c 347 s 428 are each amended to
read as follows:
If a city, town or county has established a planning commission
or planning agency in accordance with state law or local charter,
such commission or agency shall review all preliminary plats and make
recommendations thereon to the city, town or county legislative body
to assure conformance of the proposed subdivision to the general
purposes of the comprehensive plan and to planning standards and
specifications as adopted by the city, town or county. Reports of the
planning commission or agency shall be advisory only: PROVIDED, That
the legislative body of the city, town or county may, by ordinance,
assign to such commission or agency, or any department official or
group of officials, such administrative functions, powers and duties
as may be appropriate, including the holding of hearings, and
recommendations for approval or disapproval of preliminary plats of
proposed subdivisions.
Such recommendation shall be submitted to the legislative body
not later than fourteen days following action by the hearing body.
P. 1 SB 5674.PL
1 Upon receipt of the recommendation on any preliminary plat the
2 legislative body shall at its next public meeting set the date for
3 the public meeting where it shall consider the recommendations of the
4 hearing body and may adopt or reject the recommendations of such
5 hearing body based on the record established at the public hearing.
6 If, after considering the matter at a public meeting, the legislative
7 body deems a change in the planning commission's or planning agency's
8 recommendation approving or disapproving any preliminary plat is
9 necessary, the legislative body shall adopt its own recommendations
10 and approve or disapprove the preliminary plat.
11 Every decision or recommendation made under this section shall be
12 in writing and shall include findings of fact and conclusions to
13 support the decision or recommendation.
14 A record of all public meetings and public hearings shall be kept
15 by the appropriate city, town or county authority and shall be open
16 to public inspection.
17 Sole authority to ( (afppi�eve adopt or amend
18 platting ordinances shall reside in the legislative bodies. The
19 legislative authorities of cities, towns, and counties may by
X20 ordinance delegate final plat approval to an established planrljDa
21 commission or agency, or to such other administrative ersonnel in,
22 accordance with state law or local charter.
23
Sec. 2. RCW 58.17.170 and 2013
c 16 s 2 are each amended to read
24
as follows:
25
(1) When the legislative body of the city, town_,_ or county, or
26
such other aaencv as authorized by
RCW 58.17.100, finds that the
27
subdivision proposed for final plat
approval conforms to all terms of
28
the preliminary plat approval, and
that said subdivision meets the
29
requirements of this chapter, other applicable state laws, and any
30
local ordinances adopted under this
chapter which were in effect at
31
the time of preliminary plat approval,
it shall suitably inscribe and
32
execute its written approval on the
face of the plat. The original of
33
said final plat shall be filed for
record with the county auditor.
34
One reproducible copy shall be furnished
to the city, town, or county
35
engineer. one paper copy shall be
filed with the county assessor.
36
Paper copies shall be provided to
such other agencies as may be
,37
required by ordinance.
38
(2) (a) Except as provided by (b)
of this subsection, any lots in
39
a final plat filed for record
shall be a valid land use
p. 2 SB 5674.PL
1 notwithstanding any change in zoning laws for a period of seven years
2 from the date of filing if the date of filing is on or before
3 December 31, 2014, and for a period of five years from the date of
4 filing if the date of filing is on or after January 1, 2015.
5 (b) Any lots in a final plat filed for record shall be a valid
6 land use notwithstanding any change in zoning laws for a period of
7 ten years from the date of filing if the project is not subject to
8 requirements adopted under chapter 90.58 RCW and the date of filing
9 is on or before December 31, 2007.
10 (3)(a) Except as provided by (b) of this subsection, a
11 subdivision shall be governed by the terms of approval of the final
12 plat, and the statutes, ordinances, and regulations in effect at the
13 time of approval under RCW 58.17.150 (1) and (3) for a period of
14 seven years after final plat approval if the date of final plat
15 approval is on or before December 31, 2014, and for a period of five
16 years after final plat approval if the date of final plat approval is
17 on or after January 1, 2015, unless the legislative body finds that a
18 change in conditions creates a serious threat to the public health or
19 safety in the subdivision.
20 (b) A subdivision shall be governed by the terms of approval of
21 the final plat, and the statutes, ordinances, and regulations in
22 effect at the time of approval under RCW 58.17.150 (1) and (3) for a
23 period of ten years after final plat approval if the project is not
24 subject to requirements adopted under chapter 90.58 RCW and the date
25 of final plat approval is on or before December 31, 2007, unless the
26 legislative body finds that a change in conditions creates a serious
27 threat to the public health or safety in the subdivision.
28 Sec. 3. RCW 58.17.190 and 1969 ex.s. c 271 s 19 are each amended
29 to read as follows:
30 The county auditor shall refuse to accept any plat for filing
31 until approval of the plat has been given by the appropriate
32 legislative body, or such other agency as authorized —Dy RCW
33 58.17.100. Should a plat or dedication be filed without such
34 approval, the prosecuting attorney of the county in which the plat is
35 filed shall apply for a writ of mandate in the name of and on behalf
36 of the legislative body required to approve same, directing the
p. 3 SB 5674.PL
I auditor and assessor to remove from their files or records the
2 unapproved plat, or dedication of record.
--- END ---
p. --
p. 4 SB 5674.PL
MEMORANDUM
To: Yakima City Council Neighborhood and Community Building Committee
From: Joan Davenport, Director of Community Development
Joseph Calhoun, Planning Manager
Date: July 20, 2017
Subject: Final Approval of Subdivision of Land
The recently passed Senate Bill 5674 (attached), effective July 23, 2017, modifies the state -
mandated process for the submission of Final Plats. Currently, Final Plats are required to be
reviewed by Council and signed by the Mayor. When effective, state law will change to allow, by
Ordinance, Final Plat consideration and approval by "an established planning commission or
agency, or to such other administrative personnel..."
The Final Plat approval process is largely an administrative function. The Preliminary Plat
approval that is passed by Council resolution after a public hearing establishes certain
conditions required to be in place or bonded for prior to Final Plat approval. When submitted,
staff reviews the Final Plat and determines consistency with the Preliminary Approval. When all
conditions are satisfied, the Final Plat is brought to Council for approval and signature. The
revised state law promotes a more streamlined process for Final Plat approval by allowing for
Planning Commission or Staff review and approval.
To enact a similar change to YMC § 14.20.220, formal review and recommendation from the
Planning Commission will be required prior to Council consideration.