Chapter 21.20
PRELIMINARY PLAT – FILING AND REVIEW PROCEDURES
Sections:
21.20.010 Hearings Examiner authorized.
21.20.050 Examiner review of preliminary plats.
21.20.060 Required written findings and determinations.
21.20.070 Record of proceedings.
21.20.010 Hearings Examiner authorized.
The Hearings Examiner rather than the Planning Commission shall hear and issue decisions for preliminary plat approval. The Examiner’s decision on a preliminary plat is considered a final decision and may be appealed in accordance with UPMC Title 22. The Examiner’s decision shall be in writing and shall include findings and conclusions based on the record to support the decision. Unless a longer period is mutually agreed to by the applicant and the Hearings Examiner, the decision shall be rendered within 10 days following conclusion of all testimony and hearings.
(Ord. 500 § 1, 2007).
21.20.020 Filing.
A preliminary plat of a proposed subdivision shall be submitted for approval by filing a complete application with the Department, and paying the application fee. See Appendices A and B for preliminary plat application submittal requirements.
(Ord. 500 § 1, 2007; Ord. 423 §§ 77, 78, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.06.020, 21.06.025).
21.20.030 Review criteria.
If a preliminary plat application complies with submittal requirements, the Department shall issue a notice of complete application and commence the review process by forwarding copies of the preliminary plat application to appropriate governmental agencies for their review.
The Department shall review the application for consistency with the Comprehensive Plan, City development regulations, Chapter 58.17 RCW and review comments provided by other governmental agencies, utilities, and interested parties, and make appropriate recommendations to the Examiner.
The Department shall review the SEPA environmental checklist and other available information and issue an appropriate SEPA threshold decision. The threshold decision may require mitigation measures to mitigate any significant adverse environmental impact.
The City Engineer shall review the subdivision for compliance with the public works code, including but not limited to the adequacy of the proposed street system and improvements and storm drainage system, and shall make appropriate recommendations to the Examiner.
The Fire Code Official shall review the proposed subdivision for fire protection issues, including but not limited to fire hydrant location and emergency vehicle access, and shall make appropriate recommendations to the Examiner.
The recommendations of the Department, City Engineer, and the Fire Code Official shall become part of the record and shall be included with the Examiner’s decision.
(Ord. 662 § 1 (Exh. A), 2015; Ord. 500 § 1, 2007; Ord. 423 § 79, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.06.030).
21.20.040 Notice.
Notice of the filing of a preliminary plat shall be given to the state, municipalities, public utilities, school districts, and the public in the following cases and manner:
A. When a proposed subdivision contemplates the use of any utilities, notice shall be given to the utility.
B. Notice shall be given to the appropriate school district(s) within which the subdivision is proposed.
C. When the proposed subdivision lies within a designated flood control zone pursuant to Chapter 86.21 RCW, notification shall be given to the Department of Ecology (DOE) of the State of Washington, or its successor.
D. When the proposed subdivision is adjoining the municipal boundaries of a city, town, or county or includes the use of any city, town, or county utility, notice shall be given to the appropriate city, town, or county authorities.
E. Notice of the application shall be provided to property owners within 300 feet and two properties in depth in accordance with UPMC Title 22.
(Ord. 500 § 1, 2007; Ord. 423 § 80, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.06.040).
21.20.050 Examiner review of preliminary plats.
A. The Examiner shall review all proposed preliminary plats. The Examiner shall assure conformance of the proposed subdivision with the comprehensive plan and development regulations of the City.
B. The decision by the Examiner on a preliminary plat application is a final and conclusive decision but said decision may be appealed to the superior court in accordance with Chapter 36.70C RCW. The Examiner’s written decision on the preliminary plat shall include findings of fact and conclusions of law, based on the record, to support the decision.
(Ord. 500 § 1, 2007; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.06.050).
21.20.060 Required written findings and determinations.
A. The Examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The Examiner may approve an application for a subdivision, approve the subdivision subject to conditions, or deny the subdivision. In making the decision, the Examiner shall determine and make written findings whether the Examiner finds:
1. The proposed subdivision is consistent with the comprehensive plan;
2. The proposed subdivision complies with or can be reasonably conditioned to comply with the City’s development regulations;
3. All significant adverse environmental impacts can be mitigated;
4. That appropriate provisions are made for, but not limited to, the public health, safety, and general welfare for open spaces, drainageways, 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 walk to and from school; and
5. Whether the public interest will be served by the subdivision and dedication.
B. The proposed subdivision and dedication(s) shall not be approved unless the Examiner makes written findings that:
1. The proposed subdivision is consistent with the comprehensive plan;
2. The proposed subdivision complies with or can be reasonably conditioned to comply with the City’s development regulations;
3. All significant adverse environmental impacts can be mitigated;
4. Appropriate provisions are made for the public health, safety, and general welfare for open spaces, drainageways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and
5. The public use and interest will be served by the platting of such subdivision and dedication. If the Examiner finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the Examiner shall approve the proposed subdivision and dedication.
C. Should the preceding findings regarding appropriate provisions be amended in state law, the amended findings shall be used by the Examiner.
(Ord. 500 § 1, 2007; Ord. 130 § 5 Exh. B, 1996. Formerly 21.06.060).
21.20.070 Record of proceedings.
A summary of all hearings and public meetings before the Examiner shall be preserved in a reasonable manner, which may include a tape-recorded record.
Appellants shall be responsible for paying all reasonable costs for transcribing the record of relevant hearings or meetings.
(Ord. 500 § 1, 2007; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.22.010).