Chapter 17.10 SUBDIVISIONS

This chapter shall apply to all division or redivision of land into 10 or more lots for the purpose of sale, lease or transfer of ownership and as more specifically defined herein. [Ord. 1585 § 40, 2013.]

17.10.030 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 § 41, 2013.]

17.10.040 Authority.

This chapter is adopted pursuant to the provisions of chapter 58.17 RCW. [Ord. 1585 § 42, 2013.]

17.10.050 General provisions.

The provisions of this chapter describe the procedure that the City shall use to review and approve, conditionally approve or deny proposed subdivisions. Chapter 17.35 DMMC contains the substantive requirements applicable to subdivisions. [Ord. 1585 § 43, 2013.]

17.10.060 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 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 § 44, 2013.]

17.10.070 Subdivision application.

The owner of the subject property or the authorized agent(s) of the owner may apply for a subdivision by submitting to the Planning, Building and Public Works Department a preliminary subdivision application containing the information specified in DMMC 17.40.050 and 17.40.060. [Ord. 1585 § 45, 2013.]

17.10.080 Preliminary subdivisions processed simultaneously.

Unless the applicant requests in writing otherwise, a preliminary 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 § 46, 2013.]

17.10.090 Acceptance for filing/vesting.

(1) An application for a preliminary 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 17.10.070; and

(b) The Planning, Building and Public Works Director issues a notice of complete application and the deadline for written comments established in DMMC 17.10.100(2) 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 subdivision, 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 preliminary 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 § 47, 2013.]

17.10.100 Comments.

(1) Requests for Comments. Within 14 days of issuing a notice of complete application in response to a 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 subdivision, and a vicinity map. The request for comments shall be distributed to interested City departments and 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 subdivision and to the Secretary of the State Department of Transportation if the proposed subdivision is adjacent to any state-owned right-of-way.

(2) Deadline for Comments. The planning official shall consider all written comments and information from interested or affected agencies, departments, authorities regarding the proposed preliminary 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, or authority, if he/she determines that an extension is necessary to obtain information relevant to the preliminary subdivision application. When a preliminary 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.

(3) Changes Required. The planning official shall make available all received comments to the applicant within five days of the comment deadline. Within 15 days of receiving the comments, the applicant may make changes to the proposed preliminary 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 required changes. Time spent by the applicant to make changes to the original preliminary subdivision application shall not be counted toward the application processing time limit specified in DMMC 17.10.190. [Ord. 1585 § 48, 2013.]

17.10.110 Staff report.

(1) Contents. The planning official shall prepare a staff report containing the following information:

(a) All pertinent application materials;

(b) All comments regarding the matter received by the Planning, Building and Public Works Department prior to distribution of the staff report;

(c) An analysis of the proposed preliminary subdivision in relation to the applicable provisions of this Title, the Zoning Code, the Comprehensive Plan, and the City Street Development Standards;

(d) Information demonstrating compliance with the State Environmental Policy Act;

(e) A statement of the facts found by the Planning, Building and Public Works Director and the conclusions drawn from those facts;

(f) A recommendation on the action to be taken on the proposed subdivision;

(g) The minutes of any previous public meeting concerning the proposed preliminary subdivision.

(2) Distribution in General. Not less than three days before the scheduled meeting or hearing, the planning official shall distribute or cause to be distributed the staff report as follows:

(a) To the applicant; and

(b) To each member of the body required to review the proposed preliminary subdivision at a public hearing or meeting. [Ord. 1585 § 49, 2013.]

17.10.130 City Council review.

(1) General. Pursuant to this chapter and chapter 18.20 DMMC, the City Council shall hold a public hearing on each proposed Type IV land use action. No later than the first regular public meeting after receiving the recommendation of the Planning, Building and Public Works Director on the preliminary subdivision, the City Council shall set by motion the date of the hearing.

(2) Notice. The Planning, Building and Public Works Director shall prepare and distribute public notice of the hearing as set forth in DMMC 17.40.120.

(3) Electronic Sound Recording. The City Council shall make a complete electronic sound recording of each public meeting involving the review of a Type IV land use action. [Ord. 1585 § 50, 2013.]

17.10.140 Public testimony and participation at public hearings.

Any person may participate in the public hearing in either or both of the following ways:

(1) By submitting written testimony either by delivering this testimony to the Planning, Building and Public Works Department prior to the hearing or by giving it directly to the City Council at the hearing.

(2) By appearing in person, or through a representative, at the hearing and making oral testimony directly to the City Council. The presiding officer may reasonably limit the extent of oral testimony to facilitate the orderly and timely conduct of the hearing. [Ord. 1585 § 51, 2013.]

17.10.150 Continuation of hearing.

The City Council may continue the hearing if, for any reason:

(1) It is unable to hear all of the public testimony on the matter;

(2) It determines that it needs more information on the matter; or

(3) It directs that the proposed preliminary subdivision be modified.

If, during the hearing, the City Council announces the time and place of the next hearing on the matter, no further notice of that hearing need be given. [Ord. 1585 § 52, 2013.]

17.10.160 City Council’s decision.

(1) General. Following its consideration of the matter, the City Council shall by motion direct administration to return the proposed preliminary subdivision to the applicant for modification or draft a resolution to either:

(a) Approve the preliminary subdivision; or

(b) Approve the preliminary subdivision subject to certain conditions; or

(2) Decisional Criteria. The City Council may approve the proposed preliminary subdivision only if it finds that:

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

(b) It is consistent with the applicable provisions of chapter 17.35 DMMC (layout and design of subdivisions); and

(c) 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

(d) It will serve the public use and interest and is consistent with the public health, safety, and welfare. The City Council 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

(e) The proposed preliminary subdivision provides for coordinated development with adjoining properties or future development of adjoining properties including but not limited to provisions for improved or shared access where appropriate.

(3) Conditions, Restrictions, and Modifications. The City Council shall include in its decision any conditions, restrictions, and modifications that are determined as necessary to eliminate or minimize any undesirable effects or impacts that would result from approving the proposed subdivision. Any conditions, restrictions, and modifications that are imposed shall become part of the decision.

(4) Dedication. The City Council may require dedication of tracts, easements, or rights-of-way for utility or other public purposes. Such dedications shall be clearly shown and described on all documents required by this chapter.

(5) Contents of Decision. The City Council shall adopt by resolution:

(a) A statement approving, approving with conditions, or denying the preliminary subdivision; and

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

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

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

(e) A summary of the rights, as established in this chapter, of the applicant and others to request reconsideration of the decision of the City Council.

(6) Distribution of Decision. Within five days following the City Council decision, the planning official shall distribute the resolution as follows:

(a) To the applicant; and

(b) To each person who submitted timely written or oral testimony to the City Council for inclusion in the record.

(7) Failure to Resubmit. Preliminary subdivision applications returned to the applicant for modification that are not resubmitted to the planning official within 45 days of the date of the City Council public hearing will be, for the purposes of this chapter, considered withdrawn; except that the Planning, Building and Public Works Director may extend the period to resubmit the application for an additional 45 days upon written request by the applicant submitted within the initial 45-day resubmittal period. Time spent by the applicant to make modifications as directed by the City Council shall not be counted toward application time limits specified in DMMC 17.10.190, Processing preliminary subdivisions – Time limits. [Ord. 1585 § 53, 2013.]

17.10.170 Reconsideration period – Final decision unless reconsidered.

The applicant shall not engage in any activity based on the decision approving the preliminary subdivision until the time to request reconsideration has expired. If the request for reconsideration is granted, the applicant shall not engage in any activity based on the decision approving the application until the City issues a final decision on the matter. If the decision of the City Council is not timely reconsidered, that decision shall be the final decision of the City. Distribution of the decision in resolution form under DMMC 17.10.160(6), City Council’s decision, and as required by chapter 18.20 DMMC, Development Review Procedures, shall constitute notice of final decision. [Ord. 1585 § 54, 2013.]

17.10.180 Reconsideration.

(1) Who May Request Reconsideration. A request to reconsider the decision or action of the City Council connected with the subdivision application, other than a motion to reconsider brought under City Council rules of procedure, may be made by:

(a) The applicant; or

(b) Any person who submitted timely written or oral testimony to the City Council for inclusion in the record.

(2) How to Request Reconsideration. The request for reconsideration, in the form of a letter, shall be delivered to the Planning, Building and Public Works Department within 10 days following the day of the City Council’s decision. The request shall contain:

(a) A clear reference to the preliminary subdivision to be reconsidered; and

(b) A statement of the specific factual findings or conclusions of the City Council disputed by the person filing the request for reconsideration.

(3) Criteria. The City Council shall reconsider a decision if it is determined that:

(a) An error of fact, law, or procedure that is more likely than not to affect the outcome of the decision has been made; or

(b) The person requesting reconsideration is seeking to enter previously unavailable information that is more likely than not to affect the outcome of the decision.

(4) Rules. Except as provided in this chapter, requests for reconsideration shall otherwise be processed in conformance with chapter 4.12 DMMC, City Council – Rules of Procedure.

(5) Notice of Decision. If the City Council, under the rules of reconsideration specified in this section, reconsiders an application for a preliminary subdivision and adopts a resolution which results in a change in the original City Council decision specified in DMMC 17.10.160, City Council’s decision, the planning official shall within five days of the decision prepare a notice of decision and distribute it to:

(a) The applicant;

(b) Each person who submitted timely written or oral testimony for inclusion in the record. [Ord. 1585 § 55, 2013.]

17.10.190 Processing preliminary subdivisions – Time limits.

Applications for any proposed subdivision and dedication shall be approved, approved with conditions, disapproved, or returned to the applicant for modification within 90 days from the date the application satisfies all of the requirements specified by DMMC 17.10.090, Acceptance for filing/vesting, unless the applicant consents in writing to an extension of such time period. [Ord. 1585 § 55, 2013.]

17.10.200 Effect of preliminary subdivision approval.

(1) General. The approval of a preliminary subdivision by the City constitutes approval of the general concept and layout of the plat as approved. Preliminary subdivision approval does not signify acceptance of all engineering details of the plat. These engineering details remain subject to approval by the Planning, Building and Public Works Director.

(2) Construction of Certain Improvements. The applicant shall submit detailed design documents for all required right-of-way, easement, utility, or other improvements to the Planning, Building and Public Works Department. These documents shall be reviewed and approved by the Planning, Building and Public Works Director and planning official. Following such approval, the City may issue the necessary permits to construct the improvements.

(3) Deviations from the Preliminary Plat. The City shall not authorize improvements to be constructed, unless the improvements are consistent with the plat concept and layout of the preliminary subdivision approved by the City Council. In making such a determination, the Planning, Building and Public Works Director and planning official shall utilize the criteria for minor deviations set forth in DMMC 17.10.240(2). If consistency with the criteria is not clear, the Planning, Building and Public Works Director or planning official shall request a determination from the City Council. [Ord. 1585 § 56, 2013.]

17.10.210 Final subdivision filing – Time limits.

(1) General. The applicant shall submit a final plat to the Planning, Building and Public Works Department, meeting the requirements of this Title and the preliminary subdivision approval, together with required recording fees, within the time period set forth in RCW 58.17.140 following the date the preliminary subdivision was approved or the preliminary subdivision approval shall be deemed void and any development rights that have vested in the applicant shall be considered abandoned.

(2) Extension. The applicant may file a request to extend the preliminary subdivision approval for up to one year. The request must be delivered in writing to the Planning, Building and Public Works Department at least 30 days prior to expiration of the five-year period. The Planning, Building and Public Works Department shall forward the request to the City Council within 30 days of receipt. The City Council shall grant approval of the extension if it is shown that the applicant has attempted in good faith to submit the final plat within the five-year period. If the final plat has not been submitted to the City Council within any extended period, the preliminary subdivision approval shall terminate in accordance with subsection (1) of this section. [Ord. 1585 § 57, 2013.]

17.10.220 Contents of final plat.

Final plats submitted to the City for consideration shall contain the information specified in DMMC 17.40.090. [Ord. 1585 § 58, 2013.]

17.10.230 Administrative review of final plats.

Upon receipt of a final plat and all required information, it shall be reviewed by the Planning, Building and Public Works Director. The Planning, Building and Public Works Director shall prepare a report, including an appropriate recommendation and motion to the City Council. This report and the final plat shall be transmitted to the City Council. [Ord. 1585 § 59, 2013.]

17.10.240 City Council action.

(1) General. The City Council shall, at a public meeting, consider the final plat and by majority vote of a quorum of its entire membership, pass a resolution approving the final plat, and finding that:

(a) The plat is consistent with the approved preliminary subdivision, except for minor deviations under subsection (2) of this section.

(b) The plat is consistent with the provisions of this Title and chapter 58.17 RCW, as presently constituted or as may be subsequently amended.

(c) All required improvements are installed or securities to cover the cost of installation are submitted in accordance with DMMC 17.40.140.

(2) Minor Deviations. The City Council may approve a final plat that is different from the preliminary subdivision if any change:

(a) Is necessary because information provided in the survey for final plat was not available and reasonably could not have been provided during consideration of the preliminary subdivision; and

(b) Does not increase the number of lots; and

(d) Does not substantially change the location or nature of any improvements or any other element of the subdivision; and

(e) In no way significantly alters the subdivision.

Final plats with changes that do not meet the criteria for minor deviations shall be processed as new preliminary subdivisions and shall require a new application fee. [Ord. 1585 § 60, 2013.]

17.10.250 Processing final subdivisions – Time limits.

Applications for any proposed final subdivision shall be approved, approved with conditions, disapproved, or returned to the applicant for modification or correction within 30 days following the date of filing the final plat documents specified in DMMC 17.40.090, unless the applicant consents in writing to an extension of such time period. [Ord. 1585 § 61, 2013.]

17.10.270 Filing of plat documents.

(1) General. Following approval of a final plat by City Council the Mayor shall sign the plat signifying approval by the City.

(2) Recording – Time Limits. Within 15 days from the date the plat documents are signed by the Mayor, the planning official shall transmit the documents to the county auditor and any other appropriate county offices for recording.

(3) Dedication. The signature of the Mayor on the plat documents shall constitute acceptance of all dedications shown on the plat by the City. [Ord. 1585 § 62, 2013.]

17.10.280 Appeal.

(1) Preliminary determinations regarding subdivisions as governed by this chapter are Type IV decisions. The process for appeals is outlined in DMMC 18.20.190.

(2) Final determinations regarding subdivisions as governed by this chapter are Type V decisions. The process for appeals is outlined in DMMC 18.20.200. [Ord. 1585 § 63, 2013.]