Hearing Examiner | Administration
3. Additional examiner findings – Preliminary plats
shall recommend such phasing as may be necessary to coordinate the development of the housing with the provision of sufficient school facilities, or in the alternative shall require the provision of the needed facilities. An offer of payment of a school impact fee as required by ordinance shall not be a substitute for such phasing, but the fee is still assessable. The examiner shall recommend a payment schedule for the fee to coordinate the payment with the phasing of an impact mitigation fee if such provision or payment is satisfactory to the district. The examiner must determine independently that the conditions of approval and assessable fees will provide for adequate schools.
When the examiner makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: a. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, 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 only walk to and from school; and b. The public use and interest will be served by the platting of such subdivision and dedication.
5. Written recommendation or decision
a. Within 10 days of the conclusion of a hearing or rehearing, the examiner shall render a written recommendation or decision and shall transmit a copy thereof to all persons of record. The examiner’s decision shall identify the applicant and/or the owner by name and address. b. Decisions of the examiner in cases identified in SDC 21.09.020G. shall be final and reviewable pursuant to SDC 21.09.020U.1.
4. Additional examiner findings and recommendations – School capacities
Whenever the examiner in the course of conducting hearings or reviewing preliminary plat applications or actualization of potential multifamily zoning, receives documentation that the public schools in the district where the development is proposed would not meet the standards set out in SDC 21.06.040 if the development were approved, the examiner shall remand to the department to require or recommend phasing or provision of the needed facilities and sites as appropriate to address the deficiency, or deny the proposal if required by the provisions of this chapter. The examiner shall prepare findings to document the facts that support the action taken. The examiner
U. Judicial review of final decisions of the hearing examiner
1. Decisions of the examiner in cases identified in SDC 21.09.020G. shall be a final and conclusive action unless within 21 calendar days from the date of issuance of the examiner’s decision an aggrieved person files an appeal in superior court, state of Washington, for the purpose of review of the action taken; provided, no development or
Effective | January 1, 2022
Title 21: Sammamish Development Code | 637
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