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Council adopts temporary moratorium, punts final subdivision code changes pending attorney redraft

2172501 · January 1, 2025
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Summary

Kamas adopted a temporary moratorium on subdivision applications (ordinance 2024-07) and heard an extended staff presentation on proposed amendments to Titles 3 and 15 of the municipal code to align the city’s subdivision procedures with state law. The council tabled final adoption of the code changes and asked the city attorney and consultant to

Kamas — The Kamas City Council adopted a temporary zoning moratorium on subdivision applications and exceptions (ordinance 2024-07) and heard a multi-hour staff presentation on comprehensive updates to the city’s subdivision procedures.

The council voted to adopt a temporary moratorium that city staff described as an option to “pause” subdivision filings while the city finalizes a revised ordinance intended to bring Titles 3 and 15 of the municipal code into compliance with recent state statutes governing subdivision review. The council’s adoption of the moratorium was unanimous.

City planning consultant Jay reviewed the draft code changes in detail for the council and said the proposed rewrite primarily clarifies administrative procedures, delineates which land‑use authority (planning commission vs. planner) reviews preliminary and final plats, and incorporates state process and timeline requirements (including electronic submission of PDFs for plans and defined review timelines). Jay explained the draft also separates several application types (lot line adjustments, vacations and minor plats) and updates appeal language to align with state administrative law limits.

“[A]s I, know in the adjustments that we’ve made, we’ve updated some of the staff references … and incorporated any of the policy decisions that we’ve made,” Jay told the council. He added that the clean exhibit to the ordinance contains only those sections being replaced or amended.

Council and staff discussed multiple substantive topics during the presentation including: - Which review body handles final subdivision approval (the planner as administrative authority for final plats vs. planning commission for preliminary approval); - Requirements and timeframes for completeness reviews and the statutory timelines for reviewing subdivision improvement plans (Jay noted 40 business days is the longest available timeline for the city to use under state law); - How the code defines “material changes” that would require a new preliminary review (for example, changes that increase lot count or density, change unit types from single-family to duplex/multifamily, or materially alter street configuration); - Phasing agreements (the draft requires written agreements when final infrastructure or conditions depend on future phases); and - Notice and public‑hearing procedures, including the state’s move from newspaper-only notices to online and mailed notices under HB 46.

Jay advised the council that, if it does not adopt the final subdivision ordinance before state-provided grant funds expire (noted in the presentation as available through Dec. 31), the moratorium would give the city an interim procedural framework and preserve the city’s ability to define which rules govern any applications filed during the pause. Jay said the moratorium can also be tailored to expire automatically when the new code is adopted or at a date certain (six months was discussed as an upper limit).

Councilmembers requested several edits and clarifications, including restoring or confirming references to particular utility providers on plat signature blocks (e.g., electricity, gas, telecom), adding fire district sign-off to the list of relevant providers, clarifying how the city will document receipt of a complete application (email or electronic system preferred), and adjusting paper/PDF submittal counts for final plans.

After extended discussion, the council voted to table final adoption of the subdivision ordinance amendments and directed the city attorney to produce a revised redline and a clean exhibit reflecting the changes discussed at the meeting. The council set a date-certain follow-up for Jan. 14 to consider the revised draft. In parallel, the council adopted the moratorium ordinance (2024-07) earlier in the meeting.

Ending — The council adopted a temporary moratorium on subdivision applications (ordinance 2024‑07) and deferred final approval of the proposed subdivision code amendments pending attorney revisions and a January follow-up. Staff and the city attorney will return a redlined draft and clean exhibit for council review before the Jan. 14 meeting.