Chapter 16.24
PLANNING COMMISSION—REVIEW AND RECOMMENDATION
Sections:
16.24.010 Review by other agencies.
16.24.020 Procedure—Hearing date—Notice.
16.24.030 Hearing—Scope and continuance.
16.24.040 Hearing—Appropriate facilities and improvements—Conformance.
16.24.050 Hearing—Report to council.
16.24.060 Council action—Date.
16.24.070 Council action—Acceptance or rejection—Hearing when.
16.24.010 Review by other agencies.
If the commission determines that the subdivider has met all the requirements for the preliminary plat and that the preliminary plat contains sufficient elements and data to furnish a basis for commission action, the secretary of the commission shall affix a file number and date of receipt to the application and promptly forward copies of the plans and data filed to the city planner or in his or her absence the public works director or designee (two copies for public review), county health officer for their review and reports, city attorney, mayor, regional planning commission and any other agencies or entities deemed necessary by the commission for its information and/or review and reports. Reports will be requested within fourteen days. (Ord. 857 § 1 (part), 2009: Ord. 611, 1997; Ord. 196 § 4, 1976: Ord. 67 § 12, 1972)
16.24.020 Procedure—Hearing date—Notice.
Upon the receipt of an application, the city planner or in his or her absence the public works director or designee shall:
A. Fix the date for public hearing before the commission and provide notice of the hearing date as provided in Chapter 58.17 RCW. In addition, the city planner or in his or her absence the public works director or designee shall post not less than three copies of a notice of hearing in conspicuous places on or adjacent to the land proposed to be subdivided, not less than ten days prior to the date of the hearing. Such notice shall include the time and place for the hearing and a description of the property to be platted. In addition, notice shall be given by regular mail, postage prepaid, to all persons, firms and corporations holding any interest of record, including easement rights, in all premises within the proposed area to be platted, and within an area bounded by lines three hundred feet outward from and parallel to the boundaries of the proposed subdivision. The hearing shall be held within twenty days of receipt of the application if possible;
B. Notify the city council of the filing of the preliminary plat and scheduled hearing date before the commission. Upon receipt of such notice, the city council shall, at its next regular public meeting, schedule a public hearing not later than sixty days subsequent to the filing date of the application for preliminary plat, unless an extension is granted by the applicant. Notice shall be given by the city council of the scheduling of the hearing in the same manner that ordinances are posted and advertised by the city. The notice shall include the time and place for the hearing, a description of the property to be platted, and a short statement relating the general purpose for the hearing.
(Ord. 857 § 1 (part), 2009; Ord. 611, 1997; Ord. 277 § 1, 1979: Ord. 196 § 5, 1976: Ord. 67 § 13, 1972)
16.24.030 Hearing—Scope and continuance.
At the public hearing, the planning commission shall consider all relevant evidence to determine whether to recommend that the preliminary plat be approved or disapproved by the council. Any hearing may be continued at the discretion of the commission within the time limits allowed by the law. (Ord. 67 § 14, 1972)
16.24.040 Hearing—Appropriate facilities and improvements—Conformance.
The commission shall determine whether the proposal includes appropriate provisions for drainage, roads, alleys, and other public ways, water supply, sanitary sewerage disposal, parks, playgrounds, fire protection facilities, minimum lot size as contained in the city’s comprehensive plan, and other public and private facilities and improvements. (Ord. 67 § 15, 1972)
16.24.050 Hearing—Report to council.
Not later than fourteen days following conclusion of the hearing and any continuation thereof, the commission shall submit its written report and recommendations to the council. The commission may recommend that the proposed plat be approved, conditionally approved, or disapproved. Conditions of approval shall be precisely recited in the commission’s report and shall include recommended protective improvements, if any. (Ord. 67 § 16, 1972)
16.24.060 Council action—Date.
Upon receipt of the recommendation of the planning commission, the city council shall reaffirm, or if necessary, reschedule, the date for the public hearing before the council, the purpose of which is to consider the application for preliminary plat and the recommendation of the planning commission. Such action shall be taken at the first regular council meeting following receipt of the recommendation of the planning commission; provided, however, that the failure of the council to take such action shall not prevent the council from considering the preliminary plat and recommendation of the planning commission and taking action thereon, so long as such action is taken at the public hearing schedules pursuant to subsection B of Section 16.24.020. (Ord. 277 § 2, 1979: Ord. 67 § 17, 1972)
16.24.070 Council action—Acceptance or rejection—Hearing when.
At the hearing scheduled for considering the preliminary plat or at any continued hearing, the council shall determine whether the public interest will be served by approval of the preliminary plat and, after reviewing the recommendation of the planning commission and other relevant evidence presented to it, approve, conditionally approve, or disapprove the preliminary plat or a revised version thereof. If the council’s decision whether approving or disapproving preliminary plat, overturns or is in conflict with the planning commission’s submitted recommendation, such decision will not be made until a further hearing is conducted as provided in RCW 58.17.100. (Ord. 67 § 18, 1972)