Chapter 16.08
PRELIMINARY PLAT
Sections:
16.08.020 Authority to approve and procedure.
16.08.030 Submittal requirements.
16.08.040 Hearing examiner approval criteria.
16.08.050 Modifications to an approved preliminary plat.
16.08.060 Effective period of preliminary approval.
16.08.010 Purpose.
The procedures regulating preliminary plats are established to promote orderly and efficient division of land into 10 or more lots and to comply with the provisions of Chapter 58.17 RCW and all applicable codes and ordinances, as adopted by the city of Mount Vernon. (Ord. 3428 § 31, 2008).
16.08.020 Authority to approve and procedure.
A. The public works and community and economic development directors together are delegated and assigned the administrative and coordinating responsibilities contained in this chapter. Preliminary plats are processed as a Type IV permit pursuant to Chapter 14.05 MVMC, with a final decision made by the city council following an open record predecision hearing before the hearing examiner with the hearing examiner making a recommendation to the city council.
B. Following are the procedural steps required for the city to process a preliminary plat:
1. A pre-application meeting is required per MVMC 14.05.110(B).
2. After the pre-application requirement is satisfied, an applicant must submit all of the items listed within MVMC 16.08.030 to the community and economic development department.
3. The community and economic development department will initiate and complete the project review procedures and noticing requirements within 14.05.060 through 14.05.150 and the SEPA process outlined within Chapter 15.06 MVMC.
4. After the project review, noticing and SEPA requirements have been satisfied; and after the applicant has shown that after receiving preliminary plat approval the final plat will be able to meet all applicable federal, state and local requirements, the community and economic development department shall forward the application to the hearing examiner along with a departmental recommendation.
5. The hearing examiner shall hold an open record predecision hearing on the application and he/she will make a recommendation on the preliminary plat application that the community and economic development department shall forward to the city council. The hearing examiner’s recommendation shall outline the minimum street and utility improvements and all other conditions found to be applicable for the subdivision proposal under review.
6. Approval of the preliminary plat by resolution of the city council shall constitute approval for the applicant to develop construction plans and specifications for facilities and improvements, as required, in strict conformance with the approved preliminary plat, street and utility standards and any special conditions required by the council, and to begin preparation of a final plat. Permission shall not be granted for installation of required improvements until the preliminary plat has been approved by the city council and all construction plans and specifications have been approved in writing by the community and economic development and public works directors.
7. The final plat procedures that must be complied with following preliminary plat approval are outlined within Chapter 16.12 MVMC. (Ord. 3428 § 32, 2008).
16.08.030 Submittal requirements.
The subdivider’s engineer and registered land surveyor shall prepare the preliminary plat as directed by the community and economic development department and in accordance with the following minimum requirements:
A. A map prepared by a state of Washington registered land surveyor in accordance with RCW 18.43.020 and Chapter 58.17 RCW, and Chapter 332-130 WAC, fully dimensioned, drawn at a horizontal scale of no less than 100 feet to the inch; or other scale specifically approved by the director and including the following:
1. Name of the proposed preliminary plat (and space for the future city land use numbers);
2. Names, addresses, and telephone number of the engineer and licensed land surveyor, and names and addresses of all property owners;
3. An accurate and complete legal description of the property to be subdivided written or verified by a licensed land surveyor;
4. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet;
5. Vicinity sketch at a scale of not more than 1,000 feet to the inch showing the proposed plat in relation to surrounding land. All platted rights-of-way for a distance of at least one-quarter mile shall be shown, and additional area shall be illustrated, if necessary, to show connecting streets or arterials;
6. Drawing of the subject property with all existing and proposed property lines dimensioned. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Indicate the required yards (setbacks) with dashed lines;
7. All parcels of land intended to be dedicated or temporarily reserved for public use and the conditions attached thereto shall be accurately indicated;
8. Monuments found and established during the preliminary survey;
9. Copy of any deed restrictions or covenants existing or proposed;
10. Horizontal control datum shall be that which is stipulated by WAC 332-130-060;
11. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights-of-way; and the names, addresses, and tax identification numbers of the owners of record of property contiguous to the proposed plat;
12. Names, locations, types, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations;
13. Location, distances from existing and new lot lines, and dimensions of any existing and proposed structures, existing on-site trees, existing or proposed fencing, or retaining walls, freestanding signs, and easements;
14. Location of existing conditions (such as wetlands, steep slopes, watercourses, floodplains) and their associated buffers on or adjacent to the site which could hinder development;
15. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area;
16. Site data on the first sheet listing:
a. Total area in acres;
b. Proposed number of lots;
c. Zoning and comprehensive plan designations of the subject site and the land adjacent and contiguous;
d. Proposed square footage and acreage in each lot; and
e. Square feet and percentage of land in streets and open space;
17. Access and Utilities. Indicate how the proposed subdivision will be served by streets and utilities, show how access will be provided to all lots, and the location of sewer and water lines;
18. The location of all wells and septic systems located on or near the project site;
19. Contours and elevations at two-foot vertical intervals minimum to the extent necessary to accurately predict drainage characteristics of the property and extending at least 100 feet beyond the boundaries of the proposed plat. The off site surveying requirement can be satisfied with topographic mapping from the city or other mapping resources that are approved by the director. In addition, where slopes are in excess of 20 percent five-foot contours or greater can be approved by the director.
B. All other materials required to process a preliminary plat shall be submitted as outlined within MVMC 14.05.210(B).
C. Each preliminary plat application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development department. The fee for the environmental checklist review is not included in the application fee. No action shall be taken upon the application until the fee has been paid. (Ord. 3428 § 33, 2008).
16.08.040 Hearing examiner approval criteria.
At the open record predecision hearing, the hearing examiner shall inquire into the public interest to be served by the establishment of the subdivision and dedication. The hearing examiner shall determine if appropriate provisions have been included in the preliminary plat for, but not limited to, the public health, safety and general welfare, open spaces, drainage ways, critical areas, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools.
A. If the hearing examiner finds that the public use and interest will be served by the platting of such subdivision, then the hearing examiner shall recommend approval. If the hearing examiner 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 recommend disapproval of the preliminary plat.
B. Dedication of land to any public body; and/or dedication of easements to abutting property owners may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The hearing examiner shall not require, as a condition of the approval of any plat, that a release of liability be procured from other property owners. (Ord. 3428 § 34, 2008).
16.08.050 Modifications to an approved preliminary plat.
A. Minor modifications to a previously approved preliminary plat may be requested by the applicant and approved by the community and economic development director subject to the provisions for Process II decisions in Chapter 14.05 MVMC. Minor modifications are those that involve only insignificant revisions to the exact location and configuration of buildings, roadways, open space or other features and do not involve any increase in density, intensity, or significant change in architectural style, housing type or other significant characteristics.
The city may only approve a minor modification if:
1. The change will not reduce by 10 percent or more any area of landscaping, open space, natural area or parking, so long as the minimum code requirements for these amenities are still met; and
2. The change will not have the effect of increasing the density; and
3. The change will not increase the total amount of floor area of a development by 10 percent or more; and
4. The change will not result in any structure, circulation or parking area being moved significantly in any direction; and
5. The change will not reduce any setback approved as part of the preliminary plan by more than 10 percent so long as the required minimum setback is met; and
6. The change will not result in a significant increase in the height of any structure as approved in the preliminary plan so long as the code requirements are still met; and
7. The change will not move or change the type of access; and
8. The change will not remove trees or modify other natural features that were to be preserved under the previous action; and
9. The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood.
B. Before approving a minor modification, the director of community and economic development shall make written findings and conclusions that the following exist:
1. The modification will not violate the terms and agreements of the preliminary plat approval and the intent of the original conditions of approval is not altered;
2. The modification will not cause the preliminary plat to violate any applicable city policy or regulation; and
3. The modification will not be inconsistent or cause the preliminary plat to be inconsistent with the decision of the city preliminarily approving the application.
C. Modifications that do not comply with any of the actions listed in subsections (A)(1) through (9) of this section, or which fail to satisfy the required findings contained in subsection B of this section, shall be processed as a new preliminary plat application. (Ord. 3428 § 35, 2008).
16.08.060 Effective period of preliminary plat approval.
The approval of a preliminary plat shall be effective as follows:
A. Except as provided by subsection B of this section, a final plat meeting all requirements of the preliminary plat, this chapter, and the Mount Vernon Municipal Code where applicable shall be submitted to the city council for approval within the time frames outlined in RCW 58.17.140 as it is currently written or as it may be amended in the future. Failure to submit a final plat meeting all the requirements of the preliminary plat, this chapter, and the Mount Vernon Municipal Code where applicable within this period shall result in expiration of preliminary plat approval.
B. If the developer fails to receive final plat approval within the time frames outlined within subsection A of this section, the preliminary plat approval shall expire unless the following request is submitted to the CEDD and approved by the city council through a Type V process:
1. An applicant who files a written request before the date the preliminary plat would otherwise expire to the office of the community and economic development department may be granted a one-year extension upon a showing that they have attempted in good faith to submit the final plat within the required period. There shall be allowed only one such extension. In granting an extension the council can require that a development comply with any of the development regulations in effect at the time the extension is requested should these regulations be different than the ones the development is vested to. (Ord. 3825 § 30, 2021).
16.08.070 City council decision – Procedure.
Repealed by Ord. 3428. (Ord. 3326 § 10, 2006).
16.08.075 Modifications to an approved preliminary plat.
Repealed by Ord. 3428. (Ord. 3326 § 11, 2006).
16.08.080 Effective period of preliminary approval.
Repealed by Ord. 3428. (Ord. 3326 § 12, 2006).