Chapter 16.12
PRELIMINARY PLATS
Sections:
16.12.010 Compliance required.
16.12.020 Processing of applications.
16.12.030 Development contract.
16.12.040 Conditional sales prior to recording.
16.12.050 Application and fees.
16.12.060 Plat contents and specifications.
16.12.070 Public hearing – Notice.
16.12.080 Application process.
16.12.090 Review by planning commission or hearing examiner.
16.12.100 Review by city council.
16.12.110 Approval or disapproval by city council.
16.12.140 Reconsideration of decision by city council.
16.12.010 Compliance required.
The division of land or the resubdivision of short subdivisions into 10 or more lots shall comply with regulations governing subdivisions and must follow preliminary and final platting procedures unless the provisions of Chapter 16.30 GMC apply. (Ord. 1453 § 4, 1996; Ord. 1426 § 4, 1995; Ord. 1105 § 3(A), 1984).
16.12.020 Processing of applications.
Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 1105 § 3(B), 1984).
16.12.030 Development contract.
Prior to approval by the city council of any preliminary plat, the applicant shall enter into a development contract with the city. Said contract shall be written to cover one of the following alternatives available to the applicant:
A. The applicant may elect to complete all required improvements prior to final approval of the project. If this is done, an agreement setting forth the construction and inspection requirements of the city shall be entered into prior to installation of improvements. Upon satisfactory completion of the applicant’s obligation under the contract, the city shall approve the final plat in accordance with applicable statutes and standards.
B. The applicant may elect to complete required improvements after approval of the final plat. In this event, the agreement shall set forth the construction and inspection requirements of the city, and that the developer shall provide a surety bond or other secure method, acceptable to the city, providing for and securing to the city the actual construction of required improvements within a specified period of time. Any bond or other method shall specify the improvements covered and the schedule for completion. (Ord. 1105 § 3(B)(1), 1984).
16.12.040 Conditional sales prior to recording.
An agreement to sell or lease a lot, tract or parcel of land shall not be in violation of RCW 58.17.200 or 58.18.300, which provide for injunctive relief against such sales as long as:
A. Preliminary plat approval has been obtained; and
B. If such sale, lease or transfer is expressly conditional upon the recording of the final plat; and
C. All payments on account of such an offer or agreement are deposited in an escrow or other regulated trust account and no disbursements are permitted until the final plat is recorded. (Ord. 1105 § 3(B)(2), 1984).
16.12.050 Application and fees.
Each application for a subdivision shall include the following:
A. An application form completed and signed by the subdivider on a form supplied by the city;
B. A fee of $500.00 plus $25.00 per lot payable to the city at the time of filing the application shall be charged. Any cost to the city of any required preliminary engineering review or study shall be paid to the city prior to preliminary plat approval by the city. Any cost to the city for final review and inspection fees incurred by the public works department shall be paid to the city prior to recording the final plat. All fees are nonrefundable. The fees set forth herein shall be subject to change by resolution of the city council;
C. Ten copies of the preliminary plat;
D. A complete environmental checklist pursuant to the provisions of the State Environmental Policy Act (Chapter 197-10 WAC, Chapter 43.21C RCW). (Ord. 1636 § 1, 2002; Ord. 1584, 2000; Ord. 1563 § 2, 1999; Ord. 1453 § 5, 1996; Ord. 1415 § 1, 1995; Ord. 1105 § 3(C), 1984).
16.12.060 Plat contents and specifications.
The following shall be required of the plat map:
A. The preliminary plat shall be drawn on high-grade paper, sheet size not less than 18 inches by 24 inches, to a scale not to exceed one inch equals 100 feet, unless a larger scale has been specifically approved by the administrator;
B. Name of the plat;
C. Name, address and phone number of the subdivider and the engineer;
D. Date, north arrow, and scale;
E. An accurate and complete legal description of the area being platted;
F. The entire lot or parcel constituting the applicant’s land and showing the proposed plat in relation to adjacent property;
G. Zoning on and adjacent to the proposed subdivision;
H. Boundary lines of the proposed plat and of adjacent tracts of unsubdivided and subdivided land shall be indicated for a distance of 300 feet;
I. Lot lines, lot numbers, and block numbers;
J. Location, size and physical description of improvements to existing roads, streets, rights-of-way, utilities and easements adjacent to, or across, the land;
K. Size, location and purpose of any streets, rights-of-way, utilities or easements proposed to serve the lots within the subdivision; elevation of surfacing, culverts, and gutters with approximate grade and gradients, and street names;
L. Size and location of water, sewer, drainage, irrigation and utility easements, including all private utilities, and the grade and elevation of the sewer main proposed to serve the lots created by the subdivision, and profile drawings for street, water, sewer and storm drainage;
M. Subsurface conditions if required by the administrator;
N. Parcels of land intended or required to serve the lots within the proposed subdivision for streets or other public purposes and the conditions attached thereto shall be indicated;
O. Ground elevations with contour lines at maximum of five-foot intervals. Elevation datum shall be U.S. Coast and Geodetic. (Ord. 1105 § 3(D), 1984).
16.12.070 Public hearing – Notice.
Upon receiving an application, the planning commission at their next regular meeting shall set a date for a public hearing on the application before the planning commission. Notice of the hearing shall be given in the following manner:
A. Notice shall be published not less than 10 days prior to the hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located.
B. Notice of the hearing shall be given to adjacent landowners by mail or any other reasonable method deemed necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the proposed subdivision owns other adjacent real property, notice shall be given to owners of real property located within 300 feet of real property owned by the owner of the proposed subdivision.
C. All hearings shall be public.
D. All hearing notices shall include a description of the location of the subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. (Ord. 1105 § 3(E)(1), 1984).
16.12.080 Application process.
Upon receipt of a preliminary plat application, the application process in Chapter 14.05 GMC will be followed. (Ord. 1453 § 6, 1996; Ord. 1105 § 3(E)(2), 1984).
16.12.090 Review by planning commission or hearing examiner.
A. The planning commission or hearing examiner shall review the proposed subdivision during a public hearing to determine conformance with the following standards:
1. The provisions of the zoning ordinance for the city;
2. The general purposes of the comprehensive plan;
3. The provisions of this title;
4. The comprehensive water and sewer plans;
5. The ordinances governing streets, rights-of-way and curbs and gutters;
6. Any other standards necessary to serve the public good.
B. No later than 14 days following the public hearing, the planning commission or hearing examiner shall submit a written report and recommendations to the city council. Every decision or recommendation made by the planning commission or hearing examiner shall be in writing and shall include findings of fact and conclusions to support their decision or recommendation. (Ord. 1704 § 2, 2005; Ord. 1453 § 7, 1996; Ord. 1105 § 3(E)(3), 1984).
16.12.100 Review by city council.
Upon receipt of the recommendation on any preliminary plat, the city council shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the planning commission or hearing examiner and may adopt or reject the recommendations of the planning commission or hearing examiner based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the planning commission’s or hearing examiner’s recommendation approving or disapproving any preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. (Ord. 1704 § 3, 2005; Ord. 1453 § 8, 1996; Ord. 1105 § 3(E)(4), 1984).
16.12.110 Approval or disapproval by city council.
If the city council finds that the proposed plat makes appropriate provisions for, but not limited to, the public health, safety and general welfare and for such open spaces, drainage ways (storm water retention and detention), streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school, and the public use and interest will be served by the platting of such subdivision and dedication, then it shall be approved. The proposed plat may be disapproved because of flood, inundation or swamp conditions. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners. Every decision or recommendation made by the city council shall include findings of fact and conclusions to support their decision or recommendation and shall be incorporated within the council minutes. (Ord. 2017-1 § 2; Ord. 1453 § 9, 1996; Ord. 1105 § 3(E)(5), 1984).
16.12.120 Time limitation.
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of filing thereof unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 32.21.303.C, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the city. (Ord. 1105 § 3(E)(6), 1984).
16.12.130 Effect of approval.
A. Approval of the preliminary plat by the city council shall constitute authorization for the subdivider to proceed with developing the subdivision facilities in accordance with the standards and procedures established herein, and including any conditions imposed by the city council. If the subdivider intends to develop only a portion of the subdivision covered within the preliminary plat, he shall notify the council within 10 days of approval of the preliminary plat.
B. The subdivider shall have 18 months or a period of time specified in the development contract from the date of approval by the city council to complete all improvements within the area of the preliminary plat or such smaller portion as provided for in GMC 16.12.030. (Ord. 1105 § 3 (E)(7), 1984).
16.12.140 Reconsideration of decision by city council.
Any person feeling that the decision of the city council is based on errors of law or fact may make a written request for review by the Yakima County superior court in accordance with GMC 14.11.030 and Chapter 36.70C RCW. (Ord. 1453 § 10, 1996; Ord. 1105 § 3(E)(8), 1984).