Chapter 17.14PRELIMINARY PLAT PROCEDURE - REVIEW PROCEDURE

Sections:

17.14.010
Review Process.
17.14.020
Review of Preliminary Plat.
17.14.030
Required Written Findings and Determinations.
17.14.040
Time Limitations.
17.14.050
Repealed.
17.14.060
Appeal of Examiner's Decision.
17.14.070
Repealed.
17.14.080
Repealed.
17.14.090
Repealed.
17.14.100
Repealed.
17.14.110
Repealed.
17.14.010Review Process.

Preliminary Plat applications shall be reviewed as a Process III Hearing Action as outlined in LMC 18A.02.502 and 18A.02.550. Preliminary plat applications are subject to a hearing before the City’s Hearing Examiner. The Hearing Examiner’s decision on a preliminary plat application is considered final and conclusive.

If a Comprehensive Plan or zoning ordinance amendment is required for a subdivision project, the amendment shall be processed and approved prior to processing of the subdivision application. Site specific comprehensive plan and zoning ordinance amendments shall be reviewed as a Process IV Hearing Action as outlined in LMC 18A.02.502 and 18A.02.560. Amendment applications are subject to a hearing before the Planning Advisory Board and final approval by the City Council. (Ord. 591 § 27, 2015; Ord. 60 § 1 (part), 1996.)

17.14.020Review of Preliminary Plat.

A. Upon receipt of a complete preliminary plat application, the Community Development Department shall begin its review of the application consistent with RCW 36.70B, and relevant provisions of the Lakewood Municipal Code. The Department shall transmit a copy of the plat map, easements, and application materials to relevant city departments, utilities providing services to the subdivision, and any other government agencies with jurisdiction as required by LMC 17.10.040. At a minimum, the Department shall transmit the application to the City Engineer, the Building Official, Lakewood Water District, Pierce County Sewer Utility, West Pierce Fire and Rescue, the appropriate electric utility provider, the Pierce County Assessor’s Office, and the Tacoma-Pierce County Health Department. The Community Development Director shall also transmit a copy of the application to other agencies with an interest in the project including, but not limited to, Washington State Department of Transportation, Washington Department of Fish and Wildlife, Washington State Department of Ecology, Joint Base Lewis McChord, and Camp Murray. The Community Development Department shall also issue a Notice of Application pursuant to LMC 18A.02.600 et seq. and shall commence environmental review under SEPA. Responsible agencies shall provide comments as provided in LMC 17.10.040.

B. The Hearing Examiner shall review all proposed preliminary plats and shall take such action thereon as to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the City.

C. The decision by the Examiner is a final and conclusive decision. The Examiner's written decision on the preliminary plat shall include findings and conclusions, based on the record, to support the decision. Each final decision of the Examiner, shall be rendered within ten (10) working days following the conclusion of all testimony and hearings unless a longer period is mutually agreed to by the applicant and the Examiner. (Ord. 591 § 28, 2015; Ord. 60 § 1 (part), 1996.)

17.14.030Required Written Findings and Determinations.

The Examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication.

A proposed subdivision and dedication shall not be approved unless the Examiner makes written findings that:

A. Appropriate provisions are made for the public health, safety, and general welfare, for open spaces, drainage ways, streets or 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

B. 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. (Ord. 591 § 29, 2015; Ord. 60 § 1 (part), 1996.)

17.14.040Time Limitations.

A. In General. A final plat meeting all of the requirements of law shall be submitted to the City within ten years of the date of preliminary plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW (Shoreline Management Act) and the date of preliminary plat approval is on or before December 31, 2007, within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. The approval of a preliminary plat shall be automatically null and void if final plat approval is not obtained within the time limitations specified herein.

In addition, pursuant to RCW 58.17.170 (3)(b), a subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of ten years after final plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW (Shoreline Management Act) and the date of final plat approval is on or before December 31, 2007, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Otherwise, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015. (RCW 58.17.170).

B. Extension Procedure.

1. Time for Filing. A written application for any extension of time under the provisions of this Section shall be filed with the Community Development Department at least thirty (30) days prior to the expiration of the existing period of approval currently applicable. The applicable time period shall be tolled from the date of filing the application for extension until the date of the final decision by the City. Each application shall be accompanied by payment of a filing fee in an amount established by separate Resolution.

2. Additional Extensions-Changed Conditions. Upon filing of an application for extension, a copy shall be sent to each party of record together with governmental departments or agencies as were involved in the process of preliminary plat approval. By letter, the Examiner shall request that written comments, if any, be delivered to the Examiner's office within ten (10) working days of the date of the Examiner's letter. If any comment requests the alteration or expansion of conditions of approval, the applicant shall be provided with a copy of such proposal and a period of ten (10) working days in which to file objections, if any, or a request for formal hearing. In the absence of such objection, the Examiner may conclude that the proposed change in conditions is acceptable to the applicant and proceed to a decision in accordance with procedures set forth in this Section.

3. Hearing Examiner-Hearing. If, in the opinion of the Examiner, substantial issues have been raised concerning the application for extension, the Examiner may schedule a public hearing. In the case of a request for extensions of time beyond the initial one (1) year period, if a proposal is made to alter or expand the conditions of approval, a public hearing shall be held upon written request by the applicant or any party of record upon a determination by the Hearing Examiner that there are substantial issues which necessitate a public hearing.

4. Hearing Examiner Decision.

a. With hearing. If a public hearing is held under the provisions of Section B.3 above, the Examiner shall issue a decision together with findings and conclusions in support thereof within ten (10) working days of the date of the hearing.

b. Without hearing. If no public hearing is held, the Examiner shall issue his decision with ten (10) working days of the date upon which written comments were to be filed with the Examiner.

Hearing Examiner Decision. The decision of the Examiner to grant or deny extensions of time shall be final.

C. Stages. If the developer desires to develop said subdivision in stages, each stage or division must be approved within the time limits specified herein. (Ord. 591 § 30, 2015; Ord. 60 § 1 (part), 1996.)

17.14.050Reconsideration. (Repealed)

(Repealed Ord. 585 § 26, 2014; Ord. 60 § 1 (part), 1996.)

17.14.060Appeal of Examiner's Decision.

The decision of the Hearing Examiner is final and conclusive, subject only to judicial appeal. (Ord. 591 § 31, 2015; Ord. 60 § 1 (part), 1996.)

17.14.070Council Action on Appeals. (Repealed)

(Repealed Ord. 591 § 32, 2015; Ord. 60 § 1 (part), 1996.)

17.14.080Requirement for Each Plat Filed for Record. (Repealed)

(Repealed Ord. 591 § 33, 2015; Ord. 60 § 1 (part), 1996.)

17.14.090Certificate Giving Description, Statement of Owners, and Dedication Requirements. (Repealed)

(Repealed Ord. 591 § 34, 2015; Ord. 60 § 1 (part), 1996.)

17.14.100Review of Final Plats. (Repealed)

(Repealed Ord. 591 § 35, 2015; Ord. 60 § 1 (part), 1996.)

17.14.110Council Review of Final Plats. (Repealed)