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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 --:~l:a';U I~· j;~e.dewJJI,~c:3o:::::~~=m=is~s-io-n-e =r =====--- APPROVED AS TO FORM : Neil Caulkins, Deputy Prosecuting Attorney