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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. A TTF_CT- -2- BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON W" El EJ - Y, z�, 7ta�, - LeRoy C, Allison, Chair Deborah Kay M or , Member Richard Stevens, Member -2- 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. &a