CITY OF SULTAN

WASHINGTON

ORDINANCE NO.1284-17

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AN ORDINANCE OF THE CITY OF SULTAN, WASHINGTON RELATED TO DEVELOPMENT REGULATIONS; AMENDING CHAPTER 16.62 ANDTITLE 19 OF THE SULTAN MUNICIPAL CODE;PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE

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WHEREAS, pursuant to RCW 36.70.130(1)(A), the City is required to periodically review and, if needed, revise its development regulations, to ensure such regulations are consistent the Sultan Comprehensive Plan and with the goals and requirements of the Growth Management Act; and

WHEREAS, staff have prepared revisions to the City’s development regulations pertaining to the Recreational and Open Space Standards as contained in Chapter 16.62 of the Sultan Municipal Code (“SMC”); and

WHEREAS, City staff prepared revisions to the City’s development regulations pertaining to Land Division as contained in Title 19 of the Sultan Municipal Code; and

WHEREAS, the City Council has determined it is necessary to amend the development regulations in order to provide clarification to specific chapters and titles, and City staff have prepared amendments to SMC Chapters 16.62 and Title 19 to accomplish that change and make additional housekeeping amendments to bring the Code up to date (together the “Proposed Amendments”); and

WHEREAS, On September 18, 2017the Proposed Amendments were sent to the Washington State Department of Commerce (“Commerce”) in accordance with RCW 36.70A.106, and Commerce granted expedited review on October 3, 2018; and

WHEREAS, on October 19, 2017, the Sultan Planning Board held a duly noticed public hearing to accept public testimony on the Proposed Amendments; and

WHEREAS, at the conclusion of the October 19, 2017 public hearing, the Planning Board voted to recommend approval of the Proposed Amendments; and

WHEREAS, on September 29, 2017, a Determination of Non-Significance (DNS) was issued for the Proposed Amendments in accordance with the Washington State Environmental Protection Act, and no appeals were received on the DNS; and

WHEREAS, the City Council has determined that the Proposed Amendments are consistent with the Sultan Comprehensive Plan and the Growth Management Act, and are necessary to promote the public health, safety and welfare;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. SMC Chapter 16.62 (Recreation and Open Space Standards),Amended. Chapter 16.62 of the Sultan Municipal Code, entitled “Recreation and Open Space Standards”is hereby amended to read as set forth in the attached Exhibit A, which is incorporated by this reference as though fully set forth.

Section 2. SMC Title 19 (Land Division Code), Amended. Title 19 of the Sultan Municipal Code, entitled “Land Division Code” is hereby amended to read as set forth in the attached Exhibit B, which is incorporated by this reference as though fully set forth.

Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances.

Section 4. Effective Date: This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication.

ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF ______, 2017.

CITY OF SULTAN

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John Seehuus, Mayor

ATTEST/AUTHENTICATED:

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Laura Koenig, City Clerk

APPROVED AS TO FORM:

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Hillary Graber, City Attorney

Filed with the City Clerk:______

Passed by the City Council:______

Date of Publication:______

Effective Date:______

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