Chapter 16.12
SUBDIVISIONS
Sections:
16.12.010 Preapplication meeting required.
16.12.013 Neighborhood meeting required.
16.12.020 Preliminary plat – Submittal – Hearing date setting.
16.12.030 Hearing – Notice to public – Contents.
16.12.040 Hearing – Notice to agencies.
16.12.045 Preliminary plat – Application requirements.
16.12.050 Preliminary plat – General requirements.
16.12.060 Preliminary plat – Specific requirements.
16.12.070 Preliminary plat – Planning commission action.
16.12.080 Preliminary plat – Approval or disapproval time limit.
16.12.090 Preliminary plat – Approval criteria for planning commission.
16.12.100 Preliminary plat – City council hearing – Notice.
16.12.110 Preliminary plat – Approval criteria for city council.
16.12.115 Preliminary plat – Expiration of approval – Extensions – Conditions.
16.12.005 General provisions.
A. Applicability of Provisions. Every division or redivision of land for the purpose of sale, lease or transfer of ownership into five or more lots, parcels or tracts any one of which is less than five acres shall proceed in compliance with this chapter.
B. Resubdivision of Platted Lots.
1. The division of any lot within a recorded subdivision shall be replatted in accordance with the procedures for subdivisions as provided in this chapter.
2. Lot lines within an existing subdivision may be adjusted in accordance with the boundary line adjustment procedures of this title, without replatting, providing that no new or substandard lots are created.
C. Plats within Floodplain. No plat shall be approved covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the proper written approval of the Department of Ecology, State of Washington. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].
16.12.010 Preapplication meeting required.
A. Preapplication Conference. Prior to filing an application to subdivide a piece of property, the subdivider shall submit an application and associated fees with the city clerk-treasurer for a preapplication meeting in accordance with Chapter 17.77 CRMC. This meeting shall attempt to provide the subdivider with a full understanding of the information required by the planning commission to review the proposed subdivision.
B. The subdivider shall prepare a sketch plan showing the approximate street layout, number and size of lots, and utility locations. The design of the subdivision shall be discussed along with conceptual phases of development. Any lack of information for formal review shall be identified and requested by the affected agencies and officials.
C. The sketch plan shall in no way be considered binding and permanent by the staff. Further, the conclusions reached during the development review process will not guarantee plat approval by the planning commission or the city council. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.01, 1980].
16.12.013 Neighborhood meeting required.
A. Prior to filing an application to subdivide a piece of property, the subdivider shall invite all owners of adjacent properties and properties within 300 feet of the subject property(ies) to a neighborhood meeting. The purpose of the meeting is to inform the neighbors of the proposed development in order to solicit input regarding possibilities of partnering when extending city infrastructure such as water, wastewater, stormwater or the public street systems.
B. The proponent shall submit the a copy of the invitation, a copy of the mailing labels, and a notarized affidavit declaring that the invitations were mailed. The proponent shall make available a sign-in sheet at the meeting.
C. City staff may attend the meeting for the purpose of providing information regarding the existing condition of the public infrastructure and the subdivision process in general. Staff will not provide comments regarding the appropriateness of the proponent’s design until an official application has been submitted and reviewed. [Ord. 2010-01 Att. A, 2010].
16.12.015 Public hearing fee.
A fee as established in the fee schedule on file with the city clerk-treasurer shall be paid to the city along with the filing of each application for a subdivision. Such payment shall be made to the city clerk-treasurer. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 99-24, 1999].
16.12.020 Preliminary plat – Submittal – Hearing date setting.
The city council has final authority for the approval of proposed subdivisions and dedications of land. For the purpose of expediting review, the preliminary plat of these proposed subdivisions and dedications shall be submitted to the city planning commission through the city clerk-treasurer on such forms as may be provided to the city clerk-treasurer by the city planning commission. With the application and filing fee according to the fee schedule on file with the city clerk-treasurer, the subdivider shall submit a sufficient number of copies of the preliminary plat as provided on the application forms. The city clerk-treasurer (or his/her designee), upon receiving a recommendation from the development review committee, shall assign the subdivision a permanent file number, set a date for hearing before the planning commission and inform city staff and the commission’s chairperson or secretary of the scheduled hearing. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.02, 1980].
16.12.030 Hearing – Notice to public – Contents.
Notice of hearing shall be given by publication of at least one notice not less than 10 days prior to the hearing in a newspaper of general circulation within the city. Additional notice of such hearing shall be provided as follows: The city clerk-treasurer shall post notice of hearing on the subject property in a manner conspicuous to adjoining landowners, and, in addition, the city clerk-treasurer shall provide notice by mailing to landowners within 300 feet. All hearings shall be public. All hearing notices shall include a legal description of the location of the proposed subdivision, and either a vicinity location sketch or a location description in nonlegal language. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.03, 1980].
16.12.040 Hearing – Notice to agencies.
The city clerk-treasurer shall provide notice including the hour and location of the hearing and description of the property to be platted to the county, and when the preliminary plat is located adjacent to the right-of-way of the state highway, notice shall be given to the State Department of Highways. In addition, the city clerk-treasurer shall circulate copies of the proposed plat to the city engineer staff, the public utility district, and such other officials or agencies concerned within the scope of this title and the laws of the state. Such notice should be sent to all such agencies two weeks prior to time of the public hearing. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.04, 1980].
16.12.045 Preliminary plat – Application requirements.
A. Application for Subdivision. Application for a preliminary plat approval shall consist of the following:
1. A recommendation from the development review committee;
2. A general application form completed and signed by the property owner or his authorized agent;
3. Copies of the preliminary plat (as prepared by or under the supervision of a registered professional engineer or registered land surveyor), one reproducible copy and any supplemental material prepared in accordance with CRMC 16.12.050 through 16.12.060. The number of prints shall be as required on the application form;
4. The application shall be accompanied by a nonrefundable application fee as established by the city fee schedule;
5. A completed environmental checklist, if required, prepared in accordance with Chapter 43.21C RCW (SEPA). The checklist shall be accompanied by the required application fee;
6. A title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate and describing easements or encumbrances, if any; and
7. The materials itemized in CRMC 16.12.013(B) demonstrating a neighborhood meeting was held. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].
16.12.050 Preliminary plat – General requirements.
A. The preliminary plat, at a scale of not less than 50 feet or more than 200 feet to the inch, containing all the information specified in this chapter, shall be prepared in a neat and legible manner by a registered land surveyor or engineer.
B. A vicinity sketch at a legible scale shall be prepared showing the relationship of the proposed subdivision to existing streets. In all subdivisions proposed to be developed in subsequent phases, any and all proposed through streets may be required as part of phase one.
C. Around the periphery of the proposed subdivision, the boundary lines and identification of adjacent parcels of property shall be shown.
D. A conceptual grading plan shall be submitted.
E. A utility plan showing a conceptual layout of water, sewer, and stormwater facilities shall be submitted.
F. The vertical scale of the street and sewer profiles submitted shall be at least 20 feet to the inch with a horizontal scale of 200 feet or less to the inch.
G. A preliminary stormwater drainage report shall be submitted showing the applicant can meet the city’s storm drainage requirements.
H. A traffic impact analysis shall be submitted evaluating the impacts of the proposed development to any intersection to which more than 10 PM peak trips are added.
I. Two copies of proposed protective covenants, if any, shall be included with the preliminary plat.
J. The subdivider must, as a part of the written preliminary plat, submit to the city a written plan showing that prior to finalizing of the subdivision the utilities (water, sewer and storm sewers) shall be made a part of the city system.
K. The subdivider must at the time of application submit to the city a copy of the State Environmental Policy Act (SEPA) environmental checklist prepared for the proposed subdivision. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.05, 1980].
16.12.060 Preliminary plat – Specific requirements.
The preliminary plat shall specifically and clearly show the following features and information on one or more maps, drawings, or application forms:
A. The name of the proposed plat, subdivision, or dedication;
B. The name and address of the subdivider and land surveyor or engineer;
C. The tract designation of the proposed plat, subdivision or dedication as shown in the files and records of the county assessor;
D. The plat map scale and the true north point shall be indicated on the plat map;
E. The perimeter lines of the tract to be subdivided;
F. Location, width, and names of all existing or platted streets or other public ways and easements within the proposed development and other important features, such as the general outline and location of permanent buildings, watercourses, power lines, telephone lines, railroad lines, gas lines, water lines, sewer lines, municipal boundaries, and section lines;
G. Topography showing at least five-foot contours to be extended at least 100 feet beyond the boundaries of the proposed subdivision. Datum shall be sea level as established by the United States Coast and Geodetic Survey;
H. The layout of proposed street right-of-way lines, alleys, and easement lines and the layout, number, and approximate dimensions of lots and the number of blocks;
I. Tentative centerline grades of each street;
J. All parcels of land intended to be dedicated or reserved for public use or the common use of the property owners in the subdivision with the purpose, condition, or limitations of such reservations clearly indicated;
K. The indication of any lands abutting the proposed subdivision for which successive or separate final subdivisions are to be filed shall be indicated on a master plan. Said master plan shall be submitted with the initial subdivision for which it is concerned and shall be used as a general overall guide for any subsequent subdivision until complete development of the subject property;
L. Easements for city utilities shall be granted to the city providing the city the right to enter such properties at any time for construction or maintenance purposes;
M. The ownership and other interests in the property covered by the proposed subdivision shall be noted on the plat map; and
N. The names and addresses of the property owners surrounding the proposed subdivision. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.06, 1980].
16.12.070 Preliminary plat – Planning commission action.
The planning commission shall review all proposed subdivisions and make recommendations thereon to the city council. Such review shall be made to ensure conformance of the proposed subdivision to the general purposes of the comprehensive plan and the planning standards and specifications as adopted by the city. The planning commission will review the preliminary plat application, make findings of fact and make recommendation to the city council that the preliminary plat be approved, disapproved or approved with conditions. The planning commission, if it finds the preliminary plat application to be incomplete, may return same to the applicant and request additional information. When the planning commission has considered the preliminary plat application, it shall within 14 days after taking its action submit its recommendation to the city council. Written notice of the planning commission’s recommendations shall be provided to the subdivider applicant within the same 14 days. The report and recommendations of the planning commission shall be advisory only. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.07, 1980].
16.12.080 Preliminary plat – Approval or disapproval time limit.
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension at such time; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.08, 1980].
16.12.090 Preliminary plat – Approval criteria for planning commission.
A. The planning commission, when considering whether to recommend approval or disapproval of the preliminary plat, shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine that appropriate provisions are made for, but not limited to, public health, safety and general welfare, for open spaces, drainageways, streets, alleys or other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether public interest will be served by the subdivision and dedication.
B. The planning commission shall consider the physical characteristics of the proposed subdivision site and may disapprove a proposed plat because of any severe natural limitation, including, but not limited to, slope stability and steepness, soil conditions, flooding, inundation, swamp conditions or drainage problems. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be recommended for approval to the city council when such land is situated in a flood-controlled zone as provided in Chapter 86.16 RCW without prior written approval of the Department of Ecology of the state. No plat which lies in whole or in part in an irrigation district organized pursuant to Chapter 87.03 RCW shall be approved unless such plat meets the requirements of RCW 58.17.310. Pursuant to Chapter 36.70A RCW, no plat which lies, in whole or in part, within or adjacent to a critical area shall be processed or approved unless such plat meets the requirements of Chapter 18.10 CRMC and a critical area permit is obtained in accordance with CRMC 18.10.080. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.09, 1980].
16.12.100 Preliminary plat – City council hearing – Notice.
Upon receipt of the recommendation of the planning commission on the preliminary plat, the city clerk-treasurer shall set a date for public hearing where the city council may adopt or reject recommendations from the planning commission. A record of all public meetings and public hearings shall be kept by the city and shall be open to public inspection. Notice of such hearing shall be provided in the same manner as is set forth in CRMC 16.12.030 and 16.12.040. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 3.10, 1980].
16.12.110 Preliminary plat – Approval criteria for city council.
A. The city council shall consider the same factors as set forth in CRMC 16.12.090 when considering approval, disapproval or approval with conditions. If the city council finds the proposed plat meets the appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, streets, alleys and other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by platting of such subdivision, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, the city council may disapprove the proposed plat or approve the plat with conditions. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat.
B. The city council shall consider the physical characteristics of the proposed subdivision site and may disapprove a proposed plat because of any severe natural limitations, including, but not limited to, slope stability and steepness, soil conditions, flooding, inundation, swamp conditions or drainage problems. Construction of protective improvements may be required as a condition of approval and such improvements shall be noted on the final plat. No plat shall be approved by the city council when such land is situated in a flood-controlled zone as provided in Chapter 86.16 RCW without prior written approval of the Department of Ecology of the state. No plat which lies in whole or in part in an irrigation district organized pursuant to Chapter 87.03 RCW shall be approved unless such plat meets the requirements of RCW 58.17.310. Pursuant to Chapter 36.70A RCW, no plat which lies, in whole or in part, within or adjacent to a critical area shall be processed or approved unless such plat meets the requirements of Chapter 18.10 CRMC and a critical area permit is obtained in accordance with CRMC 18.10.080. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 2004-02 § 1, 2004; Ord. 509 § 3.11, 1980].
16.12.115 Preliminary plat – Expiration of approval – Extensions – Conditions.
A. Approval of the preliminary plat shall be effective for five years from the date of approval, during which time a final plat or plats may be submitted. During this time the terms and conditions upon which the preliminary approval was given will not be changed without the applicant’s consent. A final plat meeting all requirements of this title shall be submitted to the city council for approval within five years of the date of preliminary plat approval. An applicant who files a written request with the city clerk-treasurer at least 90 calendar days before the expiration of this five-year period may request an extension of the approval of the preliminary plat for an additional three years, subject to the following conditions:
1. The preliminary plat extension request shall be made in writing and submitted to the city of Castle Rock clerk-treasurer at least 90 days prior to the expiration of the five-year time limit within which a final plat must be submitted;
2. The city clerk-treasurer shall stamp the date of receipt of said letter of request and will promptly forward that request to the city planner;
3. The city planner shall review the letter of request and prepare a summary for the city council, which provides inter alia:
a. What steps were completed that demonstrate that an active effort was made by the applicant to complete the subdivision within the five-year period;
b. That the applicant is proposing no significant changes in the conditions of the preliminary plat approval;
c. That granting the three-year extension of time would not be contrary to the public’s health, safety, or general welfare;
d. That granting the time extension will not cause the subdivision to violate any applicable city policy or regulation in effect at the time of the extension request that differs significantly from those in effect at the time of the original preliminary subdivision plat approval;
4. In addition to providing the foregoing summary, the city planner will make recommendation to the city council to either:
a. Approve the Time Extension Request. If the city planner finds that no significant issues will arise or are currently present with the preliminary plat and the subsequent time extension request, the city planner shall recommend approval.
b. Approve with Conditions. If the city planner identifies issues with the current plat that may be resolved during the current time extension period, the planner shall recommend the conditions that will mitigate or resolve those issues.
c. Deny the Time Extension Request. If the city planner identifies issues that cannot be mitigated or that proposed resolutions of issues are not acceptable to the applicant or the city, the planner shall recommend denial of the time extension request.
B. Knowledge of the expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The city is not responsible for providing notification prior to expiration. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].