PED 2020-10-19 Item 1A - Discussion - Revisions to Subdivision Code

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INFORMATIONAL MEMO Page 2 DISCUSSION Staff is requesting that the following zoning code revisions be considered: Adding a process for modifying a previously approved preliminary plat The Department of Community Development has received requests to modify subdivision applications that have received Preliminary Approval. Without a process to amend the existing Preliminary Approval, the procedures for this are unclear and the applicant is typically required to withdraw the existing application and re -apply to obtain a new Preliminary Approval. Other cities have adopted a process under which changes can be made to an existing Preliminary Approval before the application for Final Approval is submitted. Allowing for administrative review for final subdivision approval At the time a final plat application for land being divided into 10 or more lots is submitted for Final Approval, the project has already had a public hearing before the Hearing Examiner or Planning Commission as part of the Preliminary Approval process. Issues raised during the public notification and the public hearing for the Preliminary Approval can be worked into conditions of Preliminary Approval. Issues raised during the public hearing that is currently part of Final Approval before the Council only have bearing to the extent that they are related to the criteria for final approval. The review of a final plat application where land is being divided into 10 or more lots is administrative in nature, in which the approval body reviews materials submitted by the applicant to ensure they meet the criteria of TMC 17.14.030, C, including: (1) The final document to be recorded includes the required certificates and statements of approval, (2) Those who have signed the recording document are confirmed to be the owners of the property, (3) The infrastructure required to be constructed to serve the future development has been completed or otherwise provided for through a financial assurance, (4) The plat has been certified as accurate by the land surveyor responsible for the plat, (5) All conditions of the Preliminary Approval have been met, and (6) The plat meets the state subdivision requirements of RCW 58.17 and other applicable state and local laws in effect at the time of Preliminary Approval. Recent changes to the state law contained in RCW 58.17.100 state that "The legislative authorities of cities, towns, and counties may by ordinance delegate final plat approval to an established planning commission or agency, or to such other administrative personnel in accordance with state law or local charter." Numerous other jurisdictions have enacted amendments to allow administrative review by the municipal planning department or Director to facilitate a more efficient final platting process. Additionally, in the past the Washington Cities Insurance Authority recommended that quasi-judicial decisions should be made the hearing examiner instead of the City Council. The process to adopt these proposed modifications to TMC Chapters 17 & 18 requires Planning Commission review and public hearing prior to bringing forward the proposed revisions to PED and City Council. Council review and public hearings are anticipated in January/February 2021. FINANCIAL IMPACT None. 2