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HomeMy WebLinkAbout2669ORDINANCE NO. 2669 AN ORDINANCE of the City of Port Angeles, Washington, providing a procedure for approving boundary line adjustments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows: Section 1. There is hereby established a new Chapter 16.12 of the Port Angeles Municipal Code to read as follows: CHAPTER 16.12 Boundary Line Adjustments Sections: 16.12.010 Purpose and Intent 16.12.020 Authority 16.12.030 Definitions 16.12.040 Scope 16.12.050 Application 16.12.060 Planning Department Decision 16.12.070 Recording 16.12.080 Appeals Section 16.12.010 - Purpose and Intent. The purpose of this chapter is to establish procedures for the approval of boundary line adjustments in order to insure that such divisions of land are accomplished in an orderly manner, with proper records, and in compliance with applicable laws. Section 16.12.020 - Authority. This chapter is adopted pursuant to the authority of Chapter 58.17 RCW, RCW 35A.63.100(3) and the police power granted the City of Port Angeles by the Constitution and laws of the State of Washington. Section 16.12.030 - Definition. A boundary line adjustment is defined as a division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. Section 16.12.040 - Scope. The submittal of boundary line adjustment applications for City approval under this Chapter shall be at the option of the affected property owners. If property -1- owners request City approval of boundary line adjustments, said approval shall be consistent with this Chapter. Section 16.12.050 - Application. Application for a boundary line adjustment shall be made to the Planning Department. The application form shall be made available at the Planning Department. The application shall include the signatures of all property owners affected by the adjustment. In addition, an 18" x 22" drawing, drawn to scale, shall be provided with the following information: 1. Existing and adjusted property lines shown as solid lines; 2. Distance between existing and adjusted line(s); 3. Dimensions of all property lines before and after adjustment; 4. Location of all existing buildings, with nearest distance between each building and all existing and proposed property lines; 5. Legal description of property (existing and proposed); 6. Location of existing and proposed easements that are in favor of a public entity; 7. The location of public and private streets. Section 16.12.060 - Planning Department Decision. The Planning Department's decision shall be based on whether or not the proposed boundary line adjustment meets the following standards: 1. The boundary line adjustment does not create any additional new lots; 2. The boundary line adjustment does not create any lot which does not meet the minimum lot width and area standards for the zone district in which it is located; 3. The boundary line adjustment does not increase the degree of nonconformance of structures with respect to zoning standards; 4. The boundary line adjustment makes provision for all necessary utility easements; 5. The adjusted lots meet the requirements of the short plat ordinance, Chapter 16.04 PAMC, with respect to configuration and access to public streets, or if the existing lots do not meet these requirements, the adjusted lots shall not increase the degree of non- conformity. The Planning Department shall take action on the request within -2- twenty working days from when the application is deemed complete. The applicant shall be notified in writing of the action. Section 16.12.070 - Recording. A. A survey shall be prepared and recorded with the County Auditor's Office on an 18" x 22" reproducible mylar. The mylar shall show property lines and dimensions, showing the new corners as staked on the ground, building locations, location of easements, and public and private streets. The mylar shall also contain signatures of all property owners and signature blocks for the Planning Director and City Engineer. A copy of the recorded survey shall be provided to the Planning Department. B. In order to insure that the adjustment does not create an additional lot, the following wording shall be included on each deed filed as part of the adjustment: " This conveyance is for the purpose of accom- plishing a boundary line adjustment pursuant to RCW 58.17.040(6). It shall not create any additional lots, tracts, parcels, or division. Rather, the land described herein shall merge or be integrated into abutting property presently owned by the grantee(s)." Section 16.12.080 - Appeals. A. Any person aggrieved by the decision of the Planning Director under Section 16.12.050 may appeal the decision to the Planning Commission. B. Appeals shall be submitted to the Planning Department in writing within thirty days following the date of mailing the decision to the applicant. C. The Planning Commission shall hear the appeal at its next possible public meeting and thereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the compliance of the preliminary short plat with the requirements of this Chapter. Such recommendation shall include written findings of fact. D. The City Council, at its next possible public meeting following receipt of the Planning Commission's recommendations, may adopt reverse, or modify the Planning Commission's recommendations -3- and shall set forth written findings of fact. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of January , 1992. ATTEST: Becky J. p Cit Clerk PUBLISHED: January 12, 1992 91.10 (By Summary) APPROVED AS TO FORM: Craig -4- tson, City Attorney Summary of Ordinance Adopted by the Port Angeles City Council on January 7. 1992 Ordinance No. 2669 This Ordinance of the City of Port Angeles establishes a new Chapter 16.12 of the Port Angeles Municipal Code and provides a procedure for approving boundary line adjustments, applications for which shall be submitted at the option of the affected property owners. The decision on the application shall be made by the Planning Department and may be appealed to the Planning Commission which shall forward a recommendation to the City Council to uphold, reverse, or modify the decision. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. The Ordinance will take effect five (5) days after publication of this summary. Publish: January 12, 1992 Becky J. Upton City Clerk