HomeMy WebLinkAbout4500 Ordinance - Amendment PMC Title 21 Prelim Plat Timeline Extension CA 2020-008ORDINANCE NO. 4500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PRELIMINARY PLAT TIMELINE
EXTENSIONS, AND AMENDING PMC SECTIONS 21.25.080
"ADJUSTMENTS OF AN APPROVED PRELIMINARY PLAT" AND 21.30.010
"APPLICATION"
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has subdivision regulations that encourage orderly growth
and development; and
WHEREAS, in 2013 the Washington State Legislature amended RCW 58.17.140
extending the time period after preliminary plat approval within which a subdivider has to file for
final plat; and
WHEREAS, as part of that legislation, a city or county retains the authority to adopt by
ordinance procedures to allow extensions of time periods for filing a final plat, which extensions
may include "additional or altered conditions and requirements" (RCW 58.17.140(4)); and
WHEREAS, these deadlines and deadline extensions do not apply to short plat approvals;
and
WHEREAS, RCW 58.17.140(2) requires that short plat processing, which is not divided
by state law into preliminary and final stages, must be completed within 30 days of the application,
unless the applicant agrees to an extension; and
WHEREAS, the City of Pasco did not adopt an ordinance allowing extensions of these
time periods; and
WHEREAS, without such an ordinance, the time period in the statute (5 years) controls;
and
WHEREAS, the City Council has determined that to further the purposes of
comprehensive planning and to maintain and protect the welfare of the community in the area of
land use decisions, it is necessary to amend PMC Section 21.25.080 entitled "Adjustments of an
approved preliminary plat" and PMC Section 21.30.010 entitled "Application."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 21.25.080 entitled "Adjustments of an approved preliminary plat"
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Ordinance - Amending PMC 21.25.280 & 21.30.0 10 - 1
21.25.080 Adjustments of an approved preliminary plat.
(1) Minor Adjustments. Minor adjustments may be made and approved by the Director of
Community & Economic Development or assign(s). Minor adjustments are those which may affect
the precise dimensions of the plat but which do not affect the basic character or arrangement of
the lots and streets. The adjustments cannot be inconsistent with the requirements of the
preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this
title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or
any other applicable state law or regulation.
(2) Major Adjustments. Major adjustments are those, when determined by the Director of
Community & Economic Development or assign(s), that substantially change the basic design,
layout, open space or other requirements of the plat. When the Director of Community &
Economic Development or assign(s) determines a change constitutes a major adjustment, a new
application for a preliminary plat is required and shall be processed as a new and separate
application.
(3) Time Limitations. Except as provided in subsection (4) of this section, a preliminary plat
shall be valid for a five-year period following Hearing Examiner approval of the preliminary plat.
(4) An applicant who files a written request with the Department of Community & Economic
Development at least thirty days before the expiration of this five-year period may be :ranted a
single one-year extension upon showing that the applicant has attempted in good faith to submit
the final plat within the five-year period, and there are no risks to public health or welfare. [Ord.
4432 § 6, 2019; Ord. 3398 § 2, 1999; Code 1970 § 26.24.100. Formerly 21.25.100.]
Section 2. That Section 21.30.010 entitled "Application" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
(1) Except as provided in subsections (2) and 3 of this section, a final plat meeting all of the
requirements of this chapter shall be submitted to the C&ED Department for approval within seven
years of the date of the preliminary plat approval if the date of the preliminary plat approval was
on or after January 1, 2008, but before December 31, 2014, and within five years of the date of
preliminary plat approval, if the date of preliminary plat approval was on or after January 1, 2015.
(2) An applicant who files a written request with the Department of Community & Economic
Development at least thirty days before the expiration of this five-year period may be granted a
single one-year extension upon showing that the applicant has attempted in good faith to submit
the final plat within the five-year period and there are no risks to public health or welfare.
(43) A final plat meeting all requirements of this chapter shall be submitted to the C&ED
Department or approval within 10 years of the date of preliminary plat approval if the project is
within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW
(Shoreline Management Plan), and the date of the preliminary plat approval was on or before
December 31, 2007.
Ordinance - Amending PMC 21.25.280 & 21.30.010 - 2
,LI A A complete application for final plat approval shall consist of 10 full-sized, four 11 x 17
paper copies and an electronic copy of the plat. The paper copies together with such supplementary
information and certificates, which may be required shall be submitted to the C&ED Department
at least 10 days prior to the date sought for final plat approval. Following written notification of
corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed,
dated and stamped drawing of the subdivision with an updated electronic copy and the applicable
bonding instrument as identified in PMC 21.30.050. A bond will only be needed if there are
outstanding improvements to complete. [Ord. 4432 § 8, 2019; Ord. 4383 § 1, 2018; Ord. 4107 §
1, 2013; Ord. 4056 § 1, 2012; Ord. 3398 § 2, 1999; Code 1970 § 26.28.010.]
Section 3. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 2nd day of November
2020.
Saul Martinez
Mayor
ATTEST:
Debra Barham, MC
City Clerk
Published: S (a Vywe,r J ZoZo
Ordinance - Amending PMC 21.25.280 & 21.30.010 - 3
APPROVED AS TO FORM:
Ke guson Law, PLLC
y Attorney