HomeMy WebLinkAbout2761 Time Limit Extensions for Plats and Short PlatsOrdinance No. 2761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 18 OF THE
PORT TOWNSEND MUNICIPAL CODE, LAND DIVISION, TO ALLOW
TIME LIMIT EXTENSIONS TO BE GRANTED FOR PLATS & SHORT
PLATS
WHEREAS, PTMC Title 18, Land Division, sets forth the submittal requirements and time
frames by which all preliminary plats and short plats must receive final approval; and
WHEREAS, time frames for final subdivision approval are in place to ensure that
development standards are as current as possible at the time of installation; and
WHEREAS, the current time frame allowed for plats is five years from the date of preliminary
approval and the time frame allowed for short plats is two years from the date of preliminary approval;
and
WHEREAS, given the prevailing real estate market conditions on the Olympic Peninsula,
these time frames have proven to be inadequate to allow several preliminary land divisions to be
completed; and
WHEREAS, amendments to PTMC Title 18 can be made to allow extensions to the
subdivision approval time frames to be granted administratively and still provide for protection of
the public interest by having current development standards adhered to; and
WHEREAS, the responsible official has conducted environmental review of the proposed
municipal code text amendments under the State Environmental Policy Act (SEPA), RCW 43.21C
and made a determination of nonsignificance and published notice of such in the official city
newspaper on November 8, 2000, for which the comment and appeal period ended on November
23, 2000. No SEPA comments or appeals were filed during this period; and
WHEREAS, on October 12, 2000 and January 25, 2001 the Planning Commission held
public workshops on the proposed municipal code text amendments; and
WHEREAS, on February 22, 2001, the Planning Commission held a noticed public hearing
on the proposed amendments during which presentations were made by staff and testimony was
sought from the public. At the conclusion of the February 22, 2001 public hearing the Planning
Commission recommended that the proposed amendments to'PTMC Title 18 be approved; and
WHEREAS, the City Council finds that adoption of the following amendments to the text
of PTMC Title 18 will further promote fair & efficient processing of land division proposals in the
City and should be approved.
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NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record
before the Port Townsend Planning Commission and City Council, the City Council hereby ordains
as follows:
SECTION 1. Section 18.12.140, Time limitation on final short plat submittal, Section
18.16.140, Final plat application, and Section 18.16.150, Time limitation on final plat submittal,
are hereby amended to read as follows:
18.12.140 Time limitation on final short plat submittal.
A. Approval of a preliminary short plat shall expire unless the applicant submits a proposed final
plat in proper form for final approval within twv five years after preliminary approval. BCD shall
not be responsible for notifying the applicant of an impending expiration. Preliminary short plats
may receive an unlimited number of subsequent three (3) year extensions in accordance with the
following criteria.
1. Extension requests shall be filed in writing with the BCD director at least ninety (90)
days prior to the expiration of the approval period or any subsequent approved extension;
2. The applicant for an extension shall demonstrate the following:
a) Active effort in pursuing completion of the short plat or, at a minimum, a
reasonable .justification for granting of the extension;
b) That there are no significant changes in conditions that would render approval of
the extension contrary to the public health, safety or general welfare;
c) That the extension request will not be inconsistent or cause the short plat to be
inconsistent with the findings, conclusions, and decision of the city approving the original
short plat;
d) That the extension will not cause the short plat to violate any applicable city
policy or regulation in effect at the time of the extension request that differs significantly
from those in effect at the time of original short plat approval;
B. The BCD director shall take one (1) of the following actions upon receipt of a timely
extension request:
1. Approve the extension request if no significant issues are presented under the criteria set
forth in this section;
2. Conditionally approve the extension request if any issues identified are substantially
mitigated by minor revisions to the original approval and the criteria of 18.12.140.A are still met;
3. Deny the extension request if any significant issues presented cannot be substantially
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mitigated by minor revisions to the approved plan;
C. A request for extension approval shall be processed as a Type II action, with additional notice
provided to adjacent property owners within 300-feet of the preliminary short plat. Appeal and
post-decision review of a Type II action is permitted as provided in Chapter 20.01.
18.16.140 Final plat application.
A. Applications for final plat approval shall be made on forms provided by the department along
with the fee established in Chapter 20.09 PTMC, Land Development Permit Application and
Appeal Fees.
B. Applications for final plat approval shall be processed according to the procedures for Type IV
land use decisions established in Chapter 20.01 PTMC, Land Development Administrative
Procedures.
C. Applications for final plat approval shall be submitted within five years of the date of the
preliminary plat approval, unless an extension is granted pursuant to PTMC 18.16.150.
D. The final plat map shall be prepared in accordance with this chapter and Chapter 18.24 PTMC.
E. Prior to final approval, with the exception of the recording certificate, the applicant shall
obtain all signatures and certifications on the face of the plat in accordance with PTMC 18.16.120.
PTMC 18.16.150 Time limitation on final plat submittal.
A. The original and two copies of a final plat meeting all requirements of Chapter 58.17 RCW
shall be transmitted by the director to the city council within five years of the date of the
preliminary plat approval. XT~ ,~,,,~,,o~ .... h~u r,~ grated. Th~ ,,~o, .... ,~,~ ,,~,~,,,~ ............
shall not be responsible for notifying the applicant of ~ ~pending prelimin~ plat expiration.
Prelimin~ plats may receive ~ ~limited nmber of subsequent t~ee (3) ye~ extensions in
accord~ce with the following criteria.
1. Extension requests shall be filed in writing with the BCD director at least ninety (90)
days prior to the expiration of the approval period or any subsequent approved extension;
2. The applicant for an extension shall demonstrate the following:
a) Active effort in pursuing completion of the subdivision or, at a minimum, a
reasonable .justification for granting of the extension;
b) That there are no significant changes in conditions that would render approval of
the extension contrary to the public health, safety or general welfare;
c) That the extension request will not be inconsistent or cause the subdivision to be
inconsistent with the findings, conclusions, and decision of the city approving the original
subdivision;
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d) That the extension will not cause the subdivision to violate any applicable city
policy or regulation in effect at the time of the extension request that differs significantly
from those in effect at the time of original subdivision approval;
B. The BCD director shall take one (1) of the following actions upon receipt of a timely extension
request:
1. Approve the extension request if no significant issues are presented under the criteria set
forth in this section,
2. Conditionally approve the extension request if any issues identified are substantially
mitigated by minor revisions to the original approval and the criteria of 18.12.140.A are still met;
3. Deny the extension request if any significant issues presented cannot be substantially
mitigated by minor revisions to the approved plan;
C. A request for extension approval shall be processed as a Type II action, with additional
notice provided to adjacent property owners within 300-feet of the preliminary plat. Appeal and
post-decision review of a Type II action is permitted as provided in Chapter 20.01.
SECTION 2. Transmittal to Washington State Office of Community Development.
The City Clerk shall transmit a copy of this Ordinance to the Washington State Office of
Community Development within 10 days of adoption of this ordinance.
SECTION 3. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
SECTION 4. Effective Date. This Ordinance shall take effect and be in force five days
after the date of its publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this second day of April, 20~
~._Gooff Masci, Mayor
Attest:
Pamela Kolacy, City Cllrk~~
Approved as to Form:
John Watts, City Attorney
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