Chapter 17.05 SHORT SUBDIVISIONS

This chapter shall apply to all divisions of land, not exempt, into nine or fewer lots for the purpose of sale, lease or transfer of ownership. [Ord. 1585 § 19, 2013.]

17.05.030 Purpose.

The purpose of this chapter is to adopt the process and procedures for the administrative approval of short subdivisions in a manner consistent with chapter 58.17 RCW. [Ord. 1585 § 20, 2013.]

17.05.040 Authority.

The chapter is adopted pursuant to the provisions of RCW 58.17.020(1), (6) and (8), 58.17.030 and 58.17.060 and other applicable laws. [Ord. 1585 § 21, 2013.]

17.05.050 General provisions.

(1) The provisions of this chapter describe the procedure that the City shall use to review and approve, conditionally approve, or deny a proposed short subdivision. Chapter 17.35 DMMC contains the substantive requirements applicable to short subdivisions.

(2) A lot that is created by a short subdivision shall not be further divided by short subdivision in any manner within a period of five years, except that when the original short subdivision contains fewer than nine lots, nothing in this section shall prevent the filing of an alteration within the five-year period to create up to a total of nine lots within the original short subdivision boundaries. Any further division within such five-year period shall be processed under the provisions of this Title regarding subdivisions (chapter 17.10 DMMC). [Ord. 1585 § 22, 2013.]

17.05.060 Short subdivisions processed simultaneously.

Unless the applicant requests in writing otherwise, a short subdivision application shall be processed simultaneously with applications for variances, planned unit developments, site plan reviews, street vacations, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing as determined by the Planning, Building and Public Works Director. [Ord. 1585 § 23, 2013.]

17.05.070 Burden of providing documentation.

The burden of providing all information necessary to satisfy the requirements of this Title shall be upon the applicant requesting the short subdivision. The decision of the Planning, Building and Public Works Director as to the sufficiency of information provided by an applicant shall be considered a final decision for the purposes of this chapter. [Ord. 1585 § 24, 2013.]

17.05.080 Application.

The owner of the subject property or the authorized agent(s) of the owner may apply for a short subdivision by submitting to the Planning, Building and Public Works Department the information specified in DMMC 17.40.050 and 17.40.060. [Ord. 1585 § 25, 2013.]

17.05.090 Acceptance for filing/vesting.

(1) An application for a short subdivision shall not be considered as accepted for filing for the purpose of vesting of development rights until:

(a) The planning official verifies that the applicant has fully complied with DMMC 17.05.080; and

(b) The Planning, Building and Public Works Director issues a notice of complete application and the deadline for written comments established in DMMC 17.05.120 has expired.

(2) Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as a new application and shall require a new application fee.

(3) Applicant-generated requests for revision(s), i.e., those requests which are not made in response to staff review or public appeal, which result in substantial changes to the proposed land use action, as determined by the Planning, Building and Public Works Director, including but not limited to the creation of additional lots, the elimination of open space, or the alteration of conditions of approval on an approved short plat, shall be treated as a new application as of the date of receipt of the revision by the Planning, Building and Public Works Department and shall require a new application fee. [Ord. 1585 § 26, 2013.]

17.05.100 Comments – Requests.

Within 14 days of issuing a notice of complete application in response to a short subdivision application, the planning official shall distribute a request for comments in addition to the public notice specified by DMMC 17.40.120. The request for comments shall contain a copy of the proposed subdivision plan, a legal description of the short subdivision, and a vicinity map. The request for comments shall be distributed to interested City departments, affected agencies including, but not limited to, those agencies providing water, sanitary sewer, power, telecommunication, public health, public education, and fire protection service to the proposed short subdivision, and to the Department of Transportation if the proposed short subdivision is adjacent to any state-owned right-of-way. [Ord. 1585 § 26, 2013.]

17.05.110 Public notice.

The planning official shall give public notice of the hearing as set forth in DMMC 17.40.120. [Ord. 1585 § 27, 2013.]

17.05.120 Deadline for comments.

The planning official shall consider all written comments and information regarding the proposed short subdivision that are delivered to the Planning, Building and Public Works Department within 15 days of the date of distribution. The planning official may extend the deadline for comments upon request by a department, agency, authority, or owner of property, if he/she determines that an extension is necessary to obtain information relevant to the short subdivision application. When a short subdivision involves review under the State Environmental Policy Act and comments are requested from all affected agencies, departments, and authorities during such review, the planning official shall not be required to request additional comments. [Ord. 1585 § 28, 2013.]

17.05.130 Changes required.

The planning official shall make available all received comments to the applicant within five days of the comment deadline. Within 15 days from the end of the comment period, the applicant may make changes to the proposed short subdivision application in response to received comments. An applicant may submit a written request for time extension, not to exceed 15 days, which may be approved by the planning official if it is determined that additional time is warranted, giving consideration to the nature and extent of the changes. Time spent by the applicant to make changes to the original short subdivision application shall not be counted toward the application processing time limit specified in DMMC 17.05.200, Processing short subdivisions – Time limits. [Ord. 1585 § 29, 2013.]

17.05.140 Planning, Building and Public Works Director’s decision – General.

Following the comment deadline and, if applicable, receipt of any proposed changes to the short subdivision submitted by the applicant, the Planning, Building and Public Works Director shall issue a written decision to either:

(1) Approve the short subdivision; or

(2) Approve the short subdivision subject to certain conditions; or

(3) Return the short subdivision to the applicant for modification; or

(4) Disapprove the short subdivision. [Ord. 1585 § 30, 2013.]

17.05.150 Planning, Building and Public Works Director’s decision – Decisional criteria.

The Planning, Building and Public Works Director may approve the short subdivision only if he/she finds that:

(1) It is consistent with the applicable provisions of the Comprehensive Plan, Zoning Code, Shoreline Master Program, and other City policies and regulations; and

(2) It is consistent with the applicable provisions of chapter 17.35 DMMC; and

(3) There are adequate provisions for open spaces, drainage ways, rights-of-way, sidewalks, and other planning features that assure safe walking conditions for pedestrians, including students who walk to and from school, easements, water supplies, sanitary waste, fire protection, power service, parks, playgrounds, and schools; and

(4) It will serve the public use and interest and is consistent with the public health, safety, and welfare. The Planning, Building and Public Works Director shall be guided by the policy and standards and may exercise the powers and authority set forth in chapter 58.17 RCW, as presently constituted or as may be subsequently amended; and

(5) The Planning, Building and Public Works Director has reviewed the proposed short plat documents to be filed and certifies that they comply with the applicable provisions of this Title; and

(6) The proposed short subdivision provides for coordinated development with adjoining properties or future development of adjoining properties including but not limited to shared access where appropriate. [Ord. 1585 § 31, 2013.]

17.05.160 Planning, Building and Public Works Director’s decision – Conditions, restrictions, and modifications.

The Planning, Building and Public Works Director shall include in the written decision any conditions, restrictions, and modifications that are determined to be necessary to eliminate or minimize any undesirable effects or impacts that would result from approving the proposed short subdivision. Such conditions, restrictions, and modifications shall be related to, and commensurate with, specified potential adverse impacts that may otherwise occur. Any conditions, restrictions, and modifications that are imposed shall become part of the decision. [Ord. 1585 § 32, 2013.]

17.05.170 Planning, Building and Public Works Director’s decision – Dedication.

The Planning, Building and Public Works Director may require dedication of tracts, easements, or rights-of-way for access, utility, or other public purposes. Such dedications shall be clearly shown and described on all documents required by this chapter. [Ord. 1585 § 33, 2013.]

17.05.180 Planning, Building and Public Works Director’s decision – Contents of decision.

The written decision shall include:

(1) A statement approving, approving with conditions, returning to the applicant for modifications, or disapproving the short subdivision; and

(2) Any conditions, restrictions, and modifications that are imposed; and

(3) Findings of fact that support the decision, including any conditions, restrictions, and modifications that are imposed; and

(4) A statement of the criteria used in making the decision; and

(5) A summary of the rights, as established in this chapter, of the applicant and others to appeal the decision. [Ord. 1585 § 34, 2013.]

17.05.190 Planning, Building and Public Works Director’s decision – Distribution of written decision.

Within seven days after the written decision is issued, the planning official shall distribute the decision as follows:

(1) To the applicant; and

(2) Post at the posting places designated in DMMC 1.08.010; and

(3) To each person who submitted timely written comments. [Ord. 1585 § 35, 2013.]

17.05.200 Processing short subdivisions – Time limits.

Applications for any proposed short subdivision and dedication shall be approved, disapproved, approved with conditions, or returned to the applicant for modifications within 30 days following the date of filing of a complete application thereof unless the applicant consents in writing to an extension of such time period. [Ord. 1585 § 36, 2013.]

17.05.210 Appeal.

Short subdivisions as governed by this chapter are Type II decisions. Appeals are outlined in DMMC 18.20.170.

(1) Who May Appeal. Any person who is aggrieved by the decision of the Planning, Building and Public Works Director concerning a short subdivision may appeal the decision in accordance with subsection (3) of this section.

(2) No Construction or Permits Pending Appeals. The City shall not issue any permits and the applicant shall not engage in any activity based on the decision approving the short subdivision until the time to appeal has expired. If the decision is appealed, the City shall not issue any permits and the applicant shall not engage in any activity based on the decision until the City administrative appeals process has been exhausted.

(3) Filing Deadline and Procedures.

(a) The appeal, in the form of a letter of appeal, shall be delivered to the Planning, Building and Public Works Department together with the filing fee as established by the City Manager or the City Manager’s designee no later than 10 days following the date of distribution of the Planning, Building and Public Works Director’s decision. The appeal shall be in accordance with the applicable provisions of chapter 18.20 DMMC.

(b) Any appeal shall contain:

(i) A clear reference to the short subdivision being appealed; and

(ii) A statement of the specific factual findings or conclusions of the Planning, Building and Public Works Director disputed by the person filing the appeal.

(c) Failure to comply with the provisions of this section shall be grounds for denial of the appeal. [Ord. 1585 § 37, 2013.]

17.05.220 Filing final short subdivision documents.

(1) General. The applicant shall submit to the Planning, Building and Public Works Department the final short subdivision documents specified in DMMC 17.40.090, Required materials – Final short plats, plat alterations, plat vacations, and binding site plans, following:

(a) Issuance of the written decision to approve a short subdivision; and

(b) Expiration of time to appeal or exhaustion of City administrative appeals process; and

(c) Installation of all required improvements or submittal of securities to cover the cost of installation in accordance with DMMC 17.40.140, Securities.

(2) Signing of Subdivision Documents. The Planning, Building and Public Works Director shall sign the final short subdivision documents if:

(a) All necessary final short subdivision documents have been signed and acknowledged by all persons holding an ownership interest in the land being subdivided; and

(b) The applicant has complied with all requirements of this section and the Planning, Building and Public Works Director’s decision specified in DMMC 17.05.140, Planning, Building and Public Works Director’s decision – General, 17.05.150, Planning, Building and Public Works Director’s decision – Decisional criteria, 17.05.160, Planning, Building and Public Works Director’s decision – Conditions, restrictions, and modifications, 17.05.170, Planning, Building and Public Works Director’s decision – Dedication, 17.05.180, Planning, Building and Public Works Director’s decision – Contents of decision, and 17.05.190, Planning, Building and Public Works Director’s decision – Distribution of written decision; and

(c) All existing structures or improvements that would be made nonconforming with current City standards or codes by the proposed short subdivision have been demolished or modified to conform.

(3) Filing – Time Limits. The applicant shall submit all signed short plat documents, together with required recording fees, to the Planning, Building and Public Works Department for recording with the county auditor. Any short plat not submitted to the Planning, Building and Public Works Department for recording with the county auditor within six months from the date of approval specified in DMMC 17.05.200, Processing short subdivisions – Time limits, shall be deemed void and any development rights that have vested in the applicant shall be considered abandoned. The Planning, Building and Public Works Department shall transmit all short plat documents to the county auditor and other appropriate county offices within 15 days from the date the applicant submits the short plat for recording. [Ord. 1585 § 38, 2013.]