HomeMy WebLinkAboutRes-2018-039 Thunder RidgeBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018· 0301
A RESOLUTION UPHOLDING AN APPEAL OF AN ADMINISTRATIVE DECISION THAT THE
THUNDER RIDGE PLAT HAD EXPIRED
WHEREAS, Thunder Ridge is a preliminary plat application (LP-07-00023) that was submitted
to Kittitas County Community Development Services (CDS) on May 7,2007; and
WHEREAS, Thunder Ridge (LP-07-00023) is a proposed subdivision of 8.02 acres into eight
lots ranging in size from .83 to 1.32 acres, located off of Deer Meadow Drive
within Section 25, Township 20 North, Range 15 East, W .M. in Kittitas County;
and
WHEREAS, The Thunder Ridge plat was granted preliminary approval by the Superior Court
of the State of Washington through a Stipulation and Order of Approval on May
7,2009; and
WHEREAS, On August 16, 2017 the Community Development Services Director issued a
notice that the Thunder Ridge plat had expired because a final plat meeting all
platting requirements was not submitted within seven years in accordance with
RCW 58.17.140(3)(a); and
WHEREAS, An appeal of the Community Development Services Director's determination was
submitted by the Thunder Ridge landowners of record, represented by Jeff
Slothower, Attorney at Law, on August 29, 2017; and
WHEREAS, Due notice of a hearing to consider the appeal was provided as required by law
and published in the official county newspaper of record; and
WHEREAS, A public hearing was held by the Board of County Commissioners on January 16,
2018 where testimony was provided by the appellants and the County and the
hearing was continued to February 20, 2018 to allow the Board to consider the
appeal; and
WHEREAS, At the February 20, 2018 continued public hearing, the Board found that, in
making the determination that the Thunder Ridge Plat had expired, the
Community Development Services Director had failed to follow the prescribed
process in RCW 58.17.140 by not taking one of three possible actions on final
plat within the mandatory 30 days of submittal; and that the failure to follow the
process was not harmless to the applicant in that it resulted in the applicant's
failure to meet the seven-year timeline contained in RCW 58.17.140.
WHEREAS, The Kittitas County Board of Commissioners passed a motion by a vote of 2-1 to
uphold the appeal and to grant relief to the appellants by remanding the final plat
to CDS for processing under Kittitas County Code Title 16 with new timelines as
outlined in RCW 58 .17.140; and
WHEREAS, The Kittitas County Board of Commissioners make the following FINDINGS OF
FACT and CONCLUSIONS AT LAW concerning said appeal:
1. Notice of Plat Expiration was sent to the current landowners of record for the
Thunder Ridge plat on August 16,2017.
2. A timely notice of appeal was received by the Board of County
Commissioners on August 29, 2017 from Jeff Slothower, attorney for the
appellants.
3. On January 16, 2018 the Board of County Commissioners held a public
hearing to consider the appeal. Testimony was provided by the appellants
and the County. The hearing was continued to February 20, 2018 to allow
adequate time for the Board to review the appeal.
4. At the February 20, 2018 continued public hearing, the Board found that, in
making the determination that the Thunder Ridge Plat had expired, the
Community Development Services Director had failed to follow the prescribed
process in RCW 58.17.140 by not taking one of three possible actions on
final plat within the mandatory 30 days of submittal; and that the failure to
follow the process was not harmless to the applicant in that it resulted in the
applicant's failure to meet the seven-year timeline contained in RCW
58.17.140.
5. At the February 20, 2018 continued public hearing, the Board passed a
motion by a vote of 2-1 to uphold the appeal and to grant relief to the
appellants by remanding the final plat to CDS for processing under Kittitas
County Code Title 16 with new timelines as outlined in RCW 58.17.140.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners after due
deliberation and in the best interest of the public, does hereby uphold the appeal of the
Community Development Services Director determination that the Thunder Ridge Plat had
expired and remands the final plat to Community Development Services for processing under
Kittitas County Code Title 16 with new timelines as outlined in RCW 58.17 .140 .
ADOPTED this ____ 6=th-'-__ day of _----:.;M:..:.:a:.:.rc~h.!....-_____ ,J 2018
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
ABSENT
Laura Osiadacz, Chai rman
Obie O'Brien , Vice-Chairman
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APPROVED AS TO FORM :
Neil Caulkins,
Deputy Prosecuting Attorney