4-7-070 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS:

A. PURPOSE:

The procedures regulating short subdivisions, including segregations of nine (9) or fewer lots, are established to promote orderly and efficient division of lots on a small scale, avoiding placing undue burdens on the applicant and to comply with provisions of chapter 58.17 RCW. (Ord. 5907, 12-10-2018)

B. PRINCIPLES OF ACCEPTABILITY:

A short plat shall be consistent with the following principles of acceptability:

1. Legal Building Sites: Create legal building sites which comply with all provisions of the City Zoning Code.

2. Access: Establish access to a public road for each segregated parcel.

3. Physical Characteristics: Have suitable physical characteristics. A proposed short plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final short plat.

4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes.

C. SCOPE:

1. Short Plat Process Applicable to Division into Nine (9) or Less Lots: Any land being divided into nine (9) or less parcels, lots, tracts, sites, or subdivisions, including segregations, and that has not been divided in a short subdivision within the preceding five (5) years, shall conform to the procedures and requirements of this Section. For the purpose of distinguishing a short plat application from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of features or facilities located therein, with equal and undivided ownership among the lot owners, their successors and heirs, shall not contribute to the total number of subdivided units of land.

2. Preliminary Plat Required for Certain Divisions: No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel that has been subdivided in a short subdivision within the preceding five (5) years. Such applications shall be processed as preliminary plat, rather than a short plat. (Ord. 5793, 4-25-2016)

D. PRE-APPLICATION MEETING:

An applicant may submit materials for preliminary staff review prior to submittal of the short plat application. Staff shall review the materials and inform the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommendations. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator:

1. Project narrative;

2. Vicinity map;

3. Site plan; and

4. Other materials that may be applicable to the subject property, as officially declared by the Administrator. (Ord. 5793, 4-25-2016)

E. SUBMITTAL REQUIREMENTS FOR SHORT SUBDIVISION:

Submittal requirements for a short subdivision application shall be as stipulated in RMC 4-8-120.

F. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES:

Upon receipt of an application for a short plat, the Department shall transmit one copy to any department or agency as warranted.

G. PUBLIC NOTICE:

Public notice shall be provided in accordance with RMC 4-8-090, Public Notice Requirements. (Ord. 5676, 12-3-2012; Ord. 5793, 4-25-2016)

H. ADMINISTRATIVE REVIEW:

1. Review Time: The Administrator will review and take action on the proposed short plat within the time limits as defined in chapter 58.17 RCW. A fourteen (14) day public comment period shall be provided prior to any final action by the Administrator on the proposed short plat. (Ord. 5793, 4-25-2016; Ord. 5907, 12-10-2018)

2. Action: The Administrator may approve, approve with modifications, or deny the application for a short plat. Action for short plats otherwise referred to the Hearing Examiner shall be by the Hearing Examiner. Every decision or recommendation made under this Section shall include findings of fact and conclusions to support the decision or recommendation. (Ord. 5519, 12-14-2009)

3. Approval: If the Administrator finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and all other relevant facts and that the public use and interest will be served by the proposed short plat, then it shall be approved. The applicant shall be notified in writing of the decision.

4. Approval with Modification(s): If modification(s) are deemed necessary by the Administrator, then they may be added to the preliminary short plat map or a revised map may be required. The applicant will be notified of any such modification action. If a modification of the preliminary short plat map, legal description or other information is necessary, the projected approval date may be extended.

5. Referral to the Hearing Examiner: If the Administrator determines that there are sufficient concerns by residents in the area of the short plat, or by City staff, to warrant a public hearing, then he/she shall refer the short plat to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing shall be given as required for a full subdivision. (Ord. 5519, 12-14-2009)

6. Denial: If denied, the preliminary short plat map shall be marked “Denied” and the applicant shall be notified in writing of the decision, stating the reasons therefor.

7. Reconsideration: See RMC 4-8-100, Application and Decision – General. (Ord. 5853, 8-7-17)

I. APPEAL:

See RMC 4-8-110, Appeals. (Ord. 5853, 8-7-17)

J. RESERVED.

(Ord. 5907, 12-10-2018)

K. FINAL SHORT PLAT MAP SUBMITTAL REQUIREMENTS:

The final short plat map which is submitted for filing shall be as stipulated in RMC 4-8-120.

L. FILING SHORT PLAT:

1. Right-of-Way Dedications Require Separate Approval: Any required or proposed right-of-way dedications must be submitted to the Department for review and approval prior to filing of the short plat. All right-of-way dedications require approval by the Administrator or designee prior to filing of the short plat. (Ord. 5648, 12-12-2011)

2. Administrator Signature and Recording Fees: A short plat must be signed by the Administrator before it is filed. The final signed map shall remain with the Department until such time as the applicant requests that the short plat be recorded. The recording fees shall be paid by the applicant.

3. Recording Process: The approved short plat will be sent to the City Clerk by the Department when the short plat is final and all prerequisites to filing have been completed. The short plat shall be filed by the City Clerk for record in the King County Recorder’s Office and shall not be deemed approved until so filed. (Ord. 5907, 12-10-2018)

M. EXPIRATION PERIOD:

1. Expiration: A preliminary short plat approval shall lapse unless recorded with the King County Recorder’s Office within seven (7) years of the date of preliminary short plat approval if the date of preliminary short plat approval is on or before December 31, 2014, and within five (5) years of the date of preliminary short plat approval if the date of preliminary short plat approval is on or after January 1, 2015.

2. Extension: One single-year extension may be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of preliminary short plat approval, provided the Administrator finds that the applicant has obtained issuance of a construction permit and has made sustained progress towards final construction, engineering, and surveying necessary to record a final plat.

3. Authority to Add or Alter Conditions: The City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140. (Ord. 5907, 12-10-2018; Ord. 5953, 11-18-2019)

N. LIMITATIONS ON FURTHER SUBDIVISION:

Any land subdivided under the requirements of this Section shall not be further divided for a period of five (5) years without following the procedures for subdivision. Further short subdivision of lot(s) must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. (Ord. 5153, 9-26-2005)

O. ADMINISTRATIVE GUIDELINES:

There shall be on file with the Department, and made available with each application issued, a set of administrative guidelines for drawing short plat maps, completing the application package and recording the plat. (Ord. 5450, 3-2-2009; Ord. 5907, 12-10-2018)