Clearly under the microscope regarding a resolution that would grant Final Plat approval to Oakpointe’s Ten Trails PP1A Division 1 Subdivision project, Black Diamond Councilmembers decided to punt approval of the Final Plat to their Thursday, October 19, Council meeting.
Earlier in the evening of Thursday, October 5, during Public Comment, Nancy Rogers of Cairncross & Hempelmann came before Council to let them know that there was a two-step approval process to the subdivision of land (which is subject to State law and City Code) that includes – preliminary plat approval and final plat approval. Councilmembers were told that the preliminary plat for Ten Trails was originally approved on December 10, 2012. At that time, the preliminary plat review was considered as discretionary meaning that there was a public hearing before the City’s Hearing Examiner, who granted preliminary plat approval of the project along with a number of conditions.
After complying with those conditions, time had come for Oakpointe’s Final Plat approval, which was before the Council. Rogers reminded Council that Final Plat approval was no longer discretionary, but rather it was now ministerial – meaning that Council was required to approve the Final Plat if all the conditions had been met through State law and local ordinances. She also referred Councilmembers to a case – Knight v. City of Yelm from 2011 – that had come before the Washington State Supreme Court. In its ruling was stated that a City “cannot conditionally approve a preliminary plat and then disapprove of final plat application for a project that conforms to the conditions of the preliminary approval.”
Rogers continued to let Council know that all of the conditions had been met and that all necessary bonds were delivered to the City by Oakpointe earlier in the week before the October 5th Council meeting. With all aspects of the preliminary plat being met by Oakpointe, Rogers asked that Council approve the resolution for the Final Plat for Ten Trails.
Following a short review of the document before them by Andy Williamson, Black Diamond MDRT & Economic Development Director, and reassurance that all was in order as well as bond funds received by the City from Oakpointe, City Attorney David Linehan noted that during the opening of the meeting Council wanted the Final Plat resolution to be considered as First Reading. He let everyone know that there was time built in to the schedule for a First Reading, but warned Council that if they were not going to treat the Final Plat as ministerial, they needed to indicate at the meeting so that Appearance of Fairness Disclosures could be applied.
Councilmember Tami Deady recommended that the Council suspend its rules and pass the resolution. However, Councilmember Brian Weber wanted to look over the Ten Trails material before them a little more. He went on to make a motion to postpone the resolution until the Council’s October 19th meeting. Morgan quickly seconded the motion and following a short discussion, Councilmembers (except for Deady’s no vote) voted to postpone consideration of passage of the final plat resolution for Ten Trails until the 19th. Weber did let Council know that the motion was not to have the resolution go into committee, but rather that it was simply a postponement of the resolution.
During the second Public Comment period, Rogers came forward again letting Council know that Oakpointe was disappointed that the resolution for the ten trails final Plat was not approved. However, due to past experience, it was not unexpected. She was glad that the Council was looking over the material provided for them as well as was aware of the timeline before them. Rogers was also glad that the resolution was not going to a committee meeting, but asked that if that changed, they be notified of the meeting location, date, and time as Oakpointe wanted to attend.
