Chapter 17.20
PRELIMINARY PLATS
Sections:
17.20.010 Contents and requirements.
17.20.020 Hearing – Established.
17.20.030 Notice required.
17.20.040 Transmittal of copies.
17.20.050 Hearing – Requirements.
17.20.060 Hearing – Recordkeeping.
17.20.070 Action by City Council.
17.20.080 Process time limits.
17.20.090 Effect of approval and time limits for completion.
17.20.100 Variance applications.
17.20.110 Variance approval.
17.20.010 Contents and requirements.
Any person desiring to subdivide land shall submit, together with the preliminary plat application fee, a preliminary plat application to the Subdivision Administrator which shall contain:
A. Twelve copies of one or more accurately scaled and dimensioned maps of the proposed plat prepared by a registered land surveyor and one 11-inch-by-17-inch copy thereof showing the following:
1. The name of the proposed plat;
2. True north points;
3. Horizontal scale of 50 feet;
4. Names of subdivider(s) and surveyor(s);
5. Legal description and accurate lines to scale showing the parcel to be subdivided, the block lines and the lot lines;
6. Numbers assigned to each block and lot and dimensions of each lot;
7. Existing monuments of record and monuments as required in FMC 17.32.030;
8. Location, width and names of all existing or proposed streets or other public ways within or adjacent to the proposed development and other important features, such as permanent buildings, power lines, telephone lines, railroad lines, municipal boundaries, township lines and section lines;
9. Location, pipe sizes and grades of all existing sewers, water mains, culverts, electrical conduits, telephone conduits and other underground installations within the tract and immediately adjacent thereto;
10. Contours with intervals of five feet or less referenced to either the United States Coast and Geodetic Survey datum, the plan coordinate system for the state of Washington, or such datum acceptable to the Director of Public Works;
11. General layout and approximate sizes of water distribution system, sewage disposal system, drainage system and street system including sidewalks;
12. Areas proposed to be dedicated or reserved for school, park, playground, open space or aesthetic uses;
13. Vicinity sketch and one copy of an 11-inch-by-17-inch vicinity map which shall show all adjacent subdivisions, streets, tract lines or acreage parcels, with the names of owners of record of such parcels. It shall show how the streets and alleys in the proposed subdivisions may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce the most advantageous development of the entire neighborhood;
14. Location of water bodies, water courses, areas subject to flooding, wetlands, marshes, wooded area and rock croppings;
15. Any variances requested from City standards or technical committee report must be stated on the plat and identified with the words “variance requested”;
16. Any changes made by the applicant concerning the proposed plat must be submitted at least 10 days prior to the scheduled or continued hearing or meeting;
17. Regardless of the size of the plat, the applicant shall provide and the Planning Commission shall review the plat for parks, playgrounds, buffers and open space.
B. At least three copies of the following accompanying documents:
1. Written recommendation of the Technical Review Committee;
2. County assessor’s or county engineer’s map showing the parcel numbers and current assessed owners of the land included in the preliminary plat and of all parcels of land within 300 feet;
3. Names and addresses of the fee simple owners of all land within 300 feet of the perimeter of the preliminary plat;
4. Names, addresses and telephone numbers of the contact persons for the preliminary plat and their interest in the land included in the preliminary plat;
5. Title report showing all persons having an interest in the land included in the plat and in the land over which any easements are proposed to serve the plat;
6. Review by Washington State Department of Ecology if wholly or partially within a flood control zone;
7. A copy of the environmental checklist, impact statement or other documents prepared pursuant to the City SEPA review process;
8. Such other information as the Subdivision Administrator deems necessary for an adequate review of the public use and interest to be served by the plat. (Ord. 1399 § 2, 2006)
17.20.020 Hearing – Established.
When a preliminary plat meeting the requirements of FMC 17.20.010 has been submitted, the Subdivision Administrator shall issue a determination of complete application, and establish an anticipated date and time for a public hearing before the Hearings Examiner on the preliminary plat which shall not be more than 90 days from the date of the determination of complete application. (Ord. 1399 § 2, 2006)
17.20.030 Notice required.
A. Notice of the time, place and purpose of the public hearing to be given in accordance with the provisions of FMC 14.15.050.
B. In addition to the notice requirements in subsection (A) of this section, notice mailed by registered or certified mail on or before the date of the newspaper publications required by subsection (A) of this section to:
1. The Washington State Department of Transportation if the preliminary plat is located adjacent to the right-of-way of a state highway;
2. The county council if the preliminary plat is located adjacent to a boundary of the City;
3. The city council of any city having a boundary within one mile of the preliminary plat;
4. The Washington State Department of Ecology if the applicant has been required to seek its approval pursuant to Chapter 86.16 RCW, because land in the preliminary plat is within a flood control zone. (Ord. 1399 § 2, 2006)
17.20.040 Transmittal of copies.
A. The Subdivision Administrator shall transmit one copy of the preliminary plat to the Director of Public Works for consideration and submission of a written or oral report and recommendation for approval or disapproval.
B. The Subdivision Administrator may transmit a copy of the preliminary plat to the appropriate school district, fire district or other agency potentially affected by the proposed plat with a request for a report and recommendation for approval or disapproval. (Ord. 1399 § 2, 2006)
17.20.050 Hearing – Requirements.
At the public hearing the Hearings Examiner shall:
A. Inquire of the applicant and all interested persons in attendance relative to whether the preliminary plat:
1. Has been submitted in accordance with the requirements of this title;
2. Meets the minimum design and improvement requirements of this title;
3. Makes appropriate provisions for:
a. Open spaces,
b. Drainage ways,
c. Streets, alleys and other public ways,
d. Transit stops,
e. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school,
f. Water supplies,
g. Sanitary wastes,
h. Parks and playgrounds,
i. Sites for schools and school grounds;
4. Serves the public interest, health, safety and general welfare;
B. Consider the preliminary plat, the environmental information developed pursuant to FMC Title 16, the oral or written reports and recommendations submitted, and the other information and exhibits presented by interested persons;
C. Determine from the information presented whether:
1. The preliminary plat should be disapproved because of flood, inundation or swamp conditions or whether construction of protective improvements to be noted on the final plat should alternatively be required;
2. The necessary approval of the Washington State Department of Ecology has been obtained pursuant to Chapter 86.16 RCW for any preliminary plat located wholly or partially within a flood control zone;
3. Any additional public dedications or conditions not shown on the preliminary plat or payment of any fees toward future City development of public uses in the area to be noted on the final plat are required in the public interest as a condition of preliminary plat approval;
4. Whether, in the event the requirements of this section are met so as to justify approval, a waiver of direct access to any street to be dedicated will be required as to any of the property included in the proposed plat;
5. Whether, in the event the requirements of this section are met so as to justify approval, all of the lots lying in whole or in part within an irrigation district organized pursuant to Chapter 87.03 RCW have been provided irrigation water rights-of-way approved by the irrigation district or whether such approval is to be obtained prior to submission of the final plat;
6. Whether any variances applied for pursuant to FMC 17.12.095 should be allowed with specific findings as to whether the applicant has demonstrated all the facts enumerated therein for granting of a variance. (Ord. 1399 § 2, 2006)
17.20.060 Hearing – Recordkeeping.
A verbatim record, by means of a tape recording device, shall be made of the hearing. The findings of fact prepared by the Hearings Examiner regarding the preliminary plat, including a summary of any oral information presented at the hearing, conclusions, and any recommendations for approval, disapproval, or approval on specific conditions, shall be submitted to the City Council not longer than 14 days following the hearing. (Ord. 1399 § 2, 2006)
17.20.070 Action by City Council.
A. 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 recommendation of the Hearings Examiner and may adopt or reject the recommendations of the Examiner based on the record established at the public hearing held by the Hearings Examiner. If, after considering the matter, the City Council deems a change in the Hearings Examiner’s recommendation approving or disapproving any preliminary plat is necessary, the Council shall adopt its own recommendations and shall approve or disapprove the preliminary plat.
B. A proposed subdivision and dedication shall not be approved unless the City Council makes written findings that:
1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, 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 only walk to and from school; and
2. The public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the City Council shall approve the proposed subdivision and dedication.
C. If the preliminary plat includes a dedication of a public park with an area less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the City Council shall adopt the designated name.
D. The City Council shall make written findings of fact and conclusions to support the decision made at its public meeting.
E. A copy of the findings of fact and conclusions and determinations of the City Council, together with a statement of any special conditions not contained in the preliminary plat application imposed as a condition of preliminary plat approval by the City Council, shall be kept on file and open to public inspection at City Hall during regular business hours. (Ord. 1399 § 2, 2006)
17.20.080 Process time limits.
Following the issuance of a letter of complete application, the preliminary plat of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within 120 days from the date that the SEPA review and process concerning the application has been completed. The 120-day time limit may be extended by the City if additional studies related to preliminary plat considerations are required or cumulative impacts from one or more pending preliminary plats are being addressed. (Ord. 1399 § 2, 2006)
17.20.090 Effect of approval and time limits for completion.
A. Preliminary plat approval authorizes the applicant to proceed with required engineering necessary prior to application for permits to construct improvements. No construction may occur prior to approval of engineering drawings by the City. Approval of engineering drawings authorizes the applicant to prepare a final plat in accordance with the determinations made and conditions imposed by the City Council.
B. 1. Preliminary plat approval shall be effective for a period of five years unless extended by resolution of the City Council for an additional specified period of not more than one year.
2. An applicant that files a written request with the City Council at least 30 days before the expiration of the preliminary plat together with a written commitment to pay all impact fees and other plat fees in the amounts that are in effect at the time of said request, and a written commitment to develop the preliminary plat in a manner that is consistent with the City development standards currently in effect at the time of said request, shall be granted a one-year extension prior to expiration of the preliminary plat approval. Additional one-year extension(s) may be granted only upon the same conditions with a clear showing of extraordinary and unforeseen circumstances preventing the applicant from submitting the final plat within the requisite time limitation. Any changes to the preliminary plat necessitated by the application of current City standards to the preliminary plat shall be clearly shown on a revised plat map that is submitted to the City Council for their review.
3. Multiphase subdivisions shall be completed within the five-year period and shall be eligible for time extensions as identified in subsection (B)(2) of this section.
4. This five-year time period shall apply retroactively to any preliminary plat granted approval by the City Council after July 23, 1992. Any preliminary plat approval issued by the City Council prior to July 23, 1992, that had not been granted additional time extensions has since lapsed and shall remain null and void.
C. If a final plat meeting the requirements of FMC 17.24.020 is not submitted to the Plat Administrator within five years, or the period of any extension granted, preliminary approval shall be null and void and any new application therefor must be in accordance with all requirements in effect at time of reapplication.
D. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provisions of this title. All payments made on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. If a final plat is not approved prior to expiration of preliminary approval, all amounts shall be returned, together with any accrued interest to the parties entitled thereto. This section shall in no event impose or imply an obligation on the part of the City to grant approval of any final plat which does not comply in all respects with the requirements of this title. (Ord. 1399 § 2, 2006)
17.20.100 Variance applications.
The City Council may authorize variances from the strict compliance with the plat requirements of this title upon receipt of a recommendation concerning such variances from the Hearings Examiner. Variance requests shall be filed and processed in accordance with FMC 14.09.050. (Ord. 1399 § 2, 2006)
17.20.110 Variance approval.
In granting an approval for a variance from plat requirements, the City Council must find all of the following:
A. That the proposed plat is clearly in an area or of a type that contains extraordinary conditions or topography, access, location, shape, size, drainage or other unusual circumstances such that strict compliance with specified requirements of this title would create an extraordinary hardship for the subdivider;
B. That the variance would not confer a special benefit upon persons or property that would not be equally available to all persons or property under the same circumstances;
C. That the hardship to the subdivider outweighs the public benefit to be derived from strict compliance with the specified plat requirements;
D. That fairness could be achieved and the public interest secured by granting of the variance. (Ord. 1399 § 2, 2006)