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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
12.04.221 of the Kent City Code, entitled
Subdivision preliminary plat expiration," to extend
the validity period for preliminary plats approved
between January 1, 2008 and December 31, 2008,
for 15 additional months, upon the written request
of the applicant.
RECITALS
A. In order to ease the effects of the housing market collapse on
owners of subdivision development projects, 2012 state legislation
lengthened the validity period for preliminary plats to provide extra time
for developers to submit final plats for approval.
B. RCW 58.17.140 authorizes cities, by ordinance, to adopt
procedures to allow extensions of time beyond those established per state
law.
C. The current city code provides that subdivision preliminary
plat approvals remain valid for the period of time specified in Chapter
58.17 RCW, plus one year.
D. Planning Staff and the City Council have received interest
from the public in examining whether or not the dates and associated
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Re: Preliminary Plat Expiration
validity periods are appropriate to meet the purpose of the extensions, as
they pertain specifically to the housing market in Kent.
E. At its regularly -scheduled meeting on January 11, 2016, the
City Council's Economic and Community Development Committee heard a
presentation from Planning Staff regarding a narrowly -tailored amendment
to the City's current preliminary plat validity period. The Committee
directed Staff to proceed with preparing an ordinance for further
consideration by the Land Use and Planning Board ("LUPB").
F. After reviewing the matter, Staff prepared an ordinance that
would grant one additional one-year extension to projects approved in
2008, provided that an applicant submit a written request for extension
prior to the expiration date of the original preliminary plat approval. While
Staff believes that a change is warranted in the interest of fundamental
fairness, only a small handful of development projects in the city of Kent''
would potentially qualify for this additional extension.
G. On February 19, 2016, the City requested expedited review!.
under RCW 36.70A.106 from the Washington State Department of',
Commerce regarding the City's proposed amendment. On March 2, 2016,
the Department of Commerce determined that the notice requirements ofl
the State's Growth Management Act (GMA) had been met. No commentsil
were received from State agencies.
H. On March 14, 2016, the LUPB held a public hearing regarding
the proposed code amendment related to limited plat extensions. After
considering the matter, the LUPB voted to recommend approval of the
proposed amendment to the City Council.
I. The Economic and Community Development Committee'
considered the recommendation of the LUPB at its regularly -scheduled
2 Amend KCC 12,04.221 -
Re: Preliminary Plat Expiration
meeting on April 11, 2016, and moved to amend Staff's original proposal
to increase the extension period from 12 months to 15 months instead.
The Committee then recommended to the full City Council adoption of the
proposed code change, as amended.
J. At its regularly -scheduled meeting on April 19, 2016, the City
Council voted to adopt the revised amendment to Section 12. 04.221 of the
Kent City Code, allowing certain limited preliminary plat extensions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 12.04.221 of the Kent City
Code is hereby amended as follows:
Sec. 12.04.221 Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall remain valid for that
period of time specified in Chapter 58.17 RCW, plus one flj} year. During
this period, an applicant must submit a final plat based on the preliminary
plat, or any phase thereof, and meeting all of the requirements of this
chapter and Chapter 58.17 RCW, to the city council for approval, or the
preliminary plat shall lapse and become void.
B. For preliminary plats approved between January 1. 2008, and
December 31, 2008, one extension of 15 months shall be granted to an
applicant who files a written request for extension with the economic and
community development department prior to the expiration of the
preliminary plat's validity_ period, as provided in subsection (A), above.
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C. In the case of a phased subdivision, final plat approval by the city
council of any phase of the subdivision preliminary plat will constitute an
automatic one=+I)-year extension for the filing of the final plat for the next
phase of the subdivision.
SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage as provided by law.
ATTEST:
NALD F 00,,&E, CITY CLERK
APPROVED AS TO FORM:
4 Amend KCC 12.04.22.1
Re: Preliminary Plat Expiration
PASSED: day of r , 2016.
APPROVED: day of , 2016.
PUBLISHED:' day of2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of i<
P:\Civil\Ordinance\12.04.221 Plat Extension,docx
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