Chapter 17.16
HEARING EXAMINER REVIEW*
Sections:
17.16.050 Decision by hearing examiner.
17.16.010 Public hearing.
The hearing examiner shall review all preliminary plats and include any new required conditions of approval to the approval of the preliminary plat or disapproval of the preliminary plat. At the public hearing the hearing examiner shall consider all relevant evidence in order to either approve or disapprove the preliminary plat. Any hearing may be continued at the discretion of the hearing examiner within the time limits allowed by law. (Ord. 2007-02 (part))
17.16.020 Recommendations.
The hearing examiner shall consider the recommendations of those responding agencies who received a copy of the preliminary plat under Section 17.12.060, other agencies who may desire to make recommendations or give comment, and testimony from the adjacent landowners, and the general public. (Ord. 2007-02 (part))
17.16.030 Preliminary plat.
A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the hearing examiner. 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. 2007-02 (part))
17.16.040 Approval or disapproval of subdivision and dedication—Factors considered—Finding—Release from damages.
The hearing examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. He/she shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If he/she finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, 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, and that the public use and interest will be served by the platting of such subdivision and dedication, then it shall be approved. If he/she finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, then the hearing examiner may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The hearing examiner shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. The hearing examiner shall also consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. (Ord. 2007-02 (part))
17.16.050 Decision by hearing examiner.
Every decision by the hearing examiner shall be in writing and shall include findings of fact and conclusions to support the hearing examiner’s decision. Said findings of fact shall include a determination as to whether the preliminary plat is in conformity with the minimum lot size requirement under the county comprehensive plan or any applicable zoning map. (Ord. 2007-02 (part))
17.16.060 Records.
The hearing examiner’s proceedings concerning preliminary plats shall be retained by the administrator and shall be open to public inspection. (Ord. 2007-02 (part))