HomeMy WebLinkAboutOrdinance 05-249-CCBOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
ORDINANCE. 05-)q9 CC
An ordinance relating to the amendment of Unified Development
Code §22.04 Land Division by the addition of a new section UDC
§22.04.105 Utility Easement Extinguishment and Alteration.
Recitals:
WHEREAS, the Board of County Commissioners of Grant County intends to comply
fully with the laws and regulations of the State of Washington, and;
WHEREAS, the Board of County Commissioners of Grant County adopted a Growth
Management Act compliant Comprehensive Land Use Plan in September of 1999, and;
WHEREAS, the Board of County Commissioners of Grant County adopted a Unified
Development Code implementing the Comprehensive Plan on October 1, 2000, and;
WHEREAS, the Unified Development Code Chapter 25.12 "Legislative Action"
provides a process for amending the Code, and;
WHEREAS, the Grant Count Planning Department initiated an amendment, under
Chapter 25.12 to the Unified Development Code regarding the addition of Chapter 22.04.105
Utility Easement Extinguishment and Alteration, and;
WHEREAS, the Board of County Commissioners of Grant County have been advised by
the Grant County Planning Commission that an open record public hearing was conducted on
April 6, 2005, on the matter of amending the Grant County Unified Development Code, and;
WHEREAS, on April 4, 2005 the Grant County Planning Commission voted
unanimously to recommend to the Board of County Commissioners, approval of the UDC
Amendment as proposed by Larry Larson, Phil Bloom and Julie Harper received on April 4,
2005, and;
WHEREAS, the Board of County Commissioners of Grant County held an open record
public hearing on June 28, 2005, and;
WHEREAS, the Board of County Commissioners have been advised by the Grant
County Planning Department that the proposed UDC Amendment was processed in accordance
with the requirements of UDC Chapter 25.12 "Legislative Action"; and,
WHEREAS, the Board of County Commissioners of Grant County have found that a
Determination of Non -Significance and Adoption of Existing Environmental Documentation was
issued for this proposal on April 19, 2005; and,
An ordinance relating to the addition to the
Unified Development Code of §22.04.105
Utility Easement Extinguishment and Alteration.
WHEREAS, the Board of County Commissioners have found that the proposal is
consistent with the Grant County Comprehensive Plan; and,
WHEREAS, the Board of County Commissioners received additional comments from
the public and Agencies of Jurisdiction, including but not limited to the Grant County Public
Utility District, during the open record public hearing; and,
WHEREAS, in addition to the Planning Commission recommendations, the Board of
County Commissioners received two alternative proposals, one from staff blending the Planning
Commission's recommended proposal and the additional comments received and another
presented by Larry Larson, Phil Bloom and Julie Harper; and
WHEREAS, the Board of County Commissioners has found that, the alternative UDC
Amendment blending the Planning Commission's recommendations and the additional comments
received will best serve the public use and interest.
NOW, THEREFORE, the Board of County Commissioners of Grant County does
hereby ordain amending the Grant County Unified Development Code in the manner as outlined
in Attachment #1.
BE IT FURTHER ORDAINED, the effective date of this ordinance shall be 5 p.m. of
the date of signature.
PASSER AND ADOPTED this 114K day of , 2005.
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BOARD OF COUNTY
COMMISSIONERS
Yea
Nay
Abstain GRANT COUNTY, WASHINGTON
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LeRoy C, Allison, Chair
Deborah Kay M or , Member
Richard Stevens, Member
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ATTACHMENT #1
Chapter 22.04
LAND DIVISION
Sections
Page
Article I.
General Provisions................................................................................................................1
22.04.010
Purpose and Intent...............................................................................................................1
22.04.020
Applicability/Exemptions....................................................................................................1
22.04.030
Categorization of Land Divisions........................................................................................3
22.04.040
Review for Conformity with Other Codes...........................................................................3
22.04.050
Phased Development............................................................................................................3
22.04.060
Concurrency.........................................................................................................................3
22.04.065
Public Interest Determination Affecting Development of Land..........................................3
22.04.090
Metes and Bounds Filings — Auditor to Question.— ..................... ..................................
... 4
22.04.100
New Segregations — Assessor to Notify Administrative Official........................................5
22.04.105
Utility Easement Extinguishment and Alteration..................................................5
22.04.110
Modifications or Variances.....................................................................
Change as required
22.04.120
Limitations on Short Subdivisions..........................................................
Change as refit wired
22.04.130
Penalties and Enforcement......................................................................
Change as required
Note: The remaining page numbers will be amended as necessary.
Proposed New Text:
22.04.105 Utility Easement Extinguishment and Alteration
(a) Scope:
(1) Re nests for utility easement extinguishment or alteration shall be limited to
those established and provided for through the dedication process of an
approved land division.
(A)Extinguishments shall be limited to those dealing with dedicated
easements along internal property lines associated with an application for
lot consolidation pursuant to the provision of GCC § 22.04.020 (a)(8).
i. Easement extinguishments should be limited to those associated with
the removal of an internal property line; except, easement
extinguishments may be considered along an external property line
provided it is determined by the Administrative Official to be in the
public's best interest.
(B)Alterations shall be limited to those dealing with dedicated easements
along property lines associated with an application for BoundM Line
Adjustment pursuant to the provision of GCC § 22.04.020 (a)($).
(t) Easement alterations will not be processed inconsistent with the
alteration of the property line; except, easement alterations may be
considered which are inconsistent with the location of the new
_I_
property line provided it is determined by the Administrative Official
to be in the public's best interest.
(b) Project Type:
Pursuant to Chapter 25.04 Permit Application Review Procedures, utility
easement extinguishments / alterations shall be processed as a Type 11
Administrative Application.
(c) Application Requirements:
(1) Complete application -and fees.
(2) A current title report; no more than 30 days old.
(3) An 8'/z x 11 site drawing showing the proposed easement to be extinguished
and/or altered drawn on a copy of the filed land division and identifying the
properties affected by the proposed extinguishment and/or alteration.
(4) A sworn statement by the landowner certifying the following_
(A)The "One Call Center" has com feted a utility locate with the affected
utility companies on the easement to be extinguished or altered; and
(B) Provide the One Call Center "Ticket Number" of said locate; and
(C) List of Utilit Com anies notified by the One Call Center; and
(D)Re ort the utility companies findings regarding the existence or non-
existence of utilities identified on/in the easement site as a result of the
utility locate.
(5) Ale al description of the existing easement.
(6) Easement alterations shall also be required to provide a new legal description
depicting its new location.
(d) Application Review:
In addition to the standard Type H Application Review Procedure the Planning
Department shall:
(1) Mail written notice to the Utilities with a thirty 30 day comment period. At
a minimum, said notice shall be provided to area utilities identified by the
Utility Coordinating Council and/or One Call Center.
(2) Provide Public Notice pursuant to GCC § 25,04.220(a)(3).
(e) Utility easement extinguishment / alteration shall only be approved by the
decision maker if the followingfgs are made:
(1) The easement extinguishment or alteration is found to not be detrimental to
the public interest; and,
(2) No adverse comments were received by the utility providers; and,
(3) The easement is not found to be in use by, any utility; and,
(4) The extinguishment or alternation is needed for purposes consistent with GCC
§ 22.04.020(a)(8).
(f) Followingtpproval of the Administrative Official the Planning_ Department
shall prepare an Extinguishment / Alteration document to be filed with the Grant
County Auditor, record the same and notify property owners of filing.
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