Chapter 16.20
SHORT SUBDIVISIONS
Sections:
16.20.030 Application requirements.
16.20.050 Application review issues.
16.20.070 Effective period of preliminary short subdivision approval.
16.20.080 Modifications to an approved preliminary short subdivision.
16.20.090 Short subdivision amendment.
16.20.100 Accumulative short subdivisions.
16.20.010 Purpose.
The purpose of this chapter is to regulate the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership within the city. The procedures regulating short subdivisions are established to promote orderly and efficient division of land and to comply with the provisions of Chapter 58.17 RCW and all applicable comprehensive plan provisions and zoning and land use codes and ordinances as adopted by the city of Rock Island. (Ord. 22-206 § 1; Ord. 01-062 § 4).
16.20.020 Scope.
A. Short subdivisions shall include any land being divided into nine or fewer parcels, lots, tracts, sites or divisions, and which land has not been divided in a short subdivision within the previous five years, except as permitted in subsection B of this section. A short subdivision shall meet the requirements of this title. Short subdivisions shall require improvement so that any development will be in compliance with all applicable provisions of the RIMC and the Rock Island urban area comprehensive plan in effect at the time of submittal of a completed application and with all other officially adopted planning requirements that may apply.
B. Land within a short subdivision may not be further divided using the short subdivision process within a period of five years from the date of recording of a final short plat with the Douglas County auditor without the filing of a final plat in accordance with the provisions established in this title for major subdivisions. However, when the short subdivision contains fewer than nine parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an alteration within the five-year period to create up to a total of nine lots within the original short subdivision boundaries. (Ord. 22-206 § 2; Ord. 01-062 § 4).
16.20.030 Application requirements.
A. Applications for short subdivisions shall be made on forms provided by the city and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by RIMC Title 14, the information identified in RIMC 16.16.030, Application requirements, shall be submitted.
B. Upon review of an application, the city may require additional pertinent information as needed to satisfy any regulatory requirements. For short subdivisions, the city may waive the requirements of RIMC 16.16.030, Application requirements, pertaining to showing existing and/or proposed public improvements during the preliminary review process when it is determined by the city that required improvements will, in general, be simple, straight forward extensions of existing facilities.
C. A statement regarding proximity to agricultural or farming activity shall be set forth on the face of every short subdivision plat as follows:
The real property included in this plat may lie in close proximity to a farm. The operation of a farm involves usual and customary agricultural practices, which are protected under RCW 7.48.305, the Washington right to farm act.
(Ord. 18-163 § 2; Ord. 01-062 § 4).
16.20.040 Review process.
A. Applications for a short subdivision shall be processed according to the procedures set forth in RIMC Title 14 for “full administrative review.”
B. The city shall solicit comments on the proposed short subdivision from the city engineer and/or maintenance supervisor, fire chief or designee, local utility providers, law enforcement provider, building official, school district, Douglas County departments, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.
C. Based on comments from city departments and applicable agencies and other information, the city shall review the application subject to the criteria of RIMC 16.16.060. A proposed short subdivision shall only be approved when consistent with all applicable provisions of the RIMC and the city’s adopted planning documents.
D. Pursuant to RCW 58.17.140, preliminary short subdivision applications shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of filing thereof unless the applicant consents to an extension of such time period. (Ord. 01-062 § 4).
16.20.050 Application review issues.
The following issues, as minimum criteria, shall be reviewed by the administrator, subsequent to distributing the short subdivision application to the entities identified within this chapter, to determine the feasibility of development of the short subdivision. The administrator shall document, in a brief written report, the disposition of these issues for each application for short subdivision, which documentation is to be made a part of the record and decision on the short subdivision application:
A. Whether the proposed short subdivision follows all zoning regulations, critical areas regulations, development standards, ordinances, the comprehensive plan and documents submitted pursuant to the State Environmental Policy Act (SEPA), if applicable.
B. Whether the proposed short subdivision complies with the city’s public improvement requirements including, but not limited to:
1. The proposed street system, sewage disposal system, storm sewer system and water supply system;
2. Requirements needed to minimize flood hazard and damage including utilities located and constructed to minimize or eliminate flood damage and to insure that an adequate drainage system is provided to reduce exposure to flood damage shall be attached to and made a part of the planning commission’s report for transmittal to the city council;
3. Improvements required pursuant to this title; and
4. Any easements required.
C. Whether the proposed short subdivision complies with the minimum fire protection standards including, but not limited to:
1. The adequacy of access for emergency vehicles;
2. Location of the fire hydrants and adequacy thereof;
3. Adequacy of water supply for fire protection purposes; and
4. Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.
D. Whether the proposed short subdivision complies with and/or has any effects on matters related to any public health issues. (Ord. 01-062 § 4).
16.20.060 Approval criteria.
A. The criteria described in RIMC 16.16.060, Approval criteria, are the minimum measures by which all proposed short subdivisions will be considered. Proposed short subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon written finding by the administrator, pursuant to RIMC Title 14, that all of the items in RIMC 16.16.060 have been satisfied.
B. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 58.17.120 as now adopted and hereafter amended, a proposed short subdivision may be denied because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. Where any portion of the proposed short subdivision lies within a flood control zone, as specified by Chapter 86.16 RCW, the city shall not approve the preliminary short subdivision without prior written approval of the Washington Department of Ecology. In such cases, no development permit associated with the proposed short subdivision shall be issued by the city until flood control problems have been resolved.
C. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 36.70A.070(6)(b) as now adopted and hereafter amended, a proposed short subdivision shall be denied if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development.
D. Notwithstanding approval criteria set forth in subsection A of this section, for any short plat application for the division of a single parcel into nine or fewer parcels, the city mayor, or his or her designee, may waive the requirement to construct sidewalks and/or half street improvements within the abutting city right-of-way if no sidewalks currently exist on the parcel proposed to be divided and in the right-of-way abutting the parcels on either side of the parcel proposed to be divided and those parcels on either side of the parcel proposed to be developed and the parcel proposed to be developed are already developed with structures suitable for occupancy. If the parcel proposed to be divided is a corner parcel, the mayor, or his or her designee, shall determine whether sidewalks are present on the two closest parcels to the parcel proposed to be divided and if there are no sidewalks on those parcels and those parcels are developed with structures suitable for occupancy, the mayor, or his or her designee, may waive the requirement to construct sidewalks and/or half street improvements within the abutting right-of-way. Nothing in this subsection requires the mayor, or his or her designee, to waive the requirement to construct sidewalks and/or half street improvements in situations where the mayor, or his or her designee, determines the improvements should be constructed based upon a review of the character of the neighborhood where the parcel proposed to be divided is located and a determination that anticipated future development or redevelopment of the neighborhood warrants construction of the sidewalks and/or half street improvements as part of the short plat process. (Ord. 22-206 § 3; Ord. 19-190 § 1; Ord. 01-062 § 4).
16.20.070 Effective period of preliminary short subdivision approval.
Preliminary short subdivision approval shall be effective for two years following final action by the administrator. A final plat meeting all requirements of this chapter shall be submitted to the city for final approval, pursuant to Chapter 16.28 RIMC, within two years of the date of the preliminary short plat approval. (Ord. 01-062 § 4).
16.20.080 Modifications to an approved preliminary short subdivision.
A. Minor modifications to a previously approved preliminary short subdivision, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the city subject to the provisions for “limited administrative review” in RIMC Title 14. Before approving such amendment, the administrator shall make written findings and conclusions that the following exist:
1. The modification will not be inconsistent or cause the short subdivision to be inconsistent with the findings, conclusions, and
decision of the city to preliminarily approve the land division;
2. The modification will not cause the short subdivision to violate any applicable city policy or regulation;
3. The modification does not adversely impact public health and safety, the environment, or the delivery of services to the site;
4. The original intent of the approved preliminary short subdivision is not altered.
B. Modifications which exceed the criteria above shall be processed as a new application. (Ord. 01-062 § 4).
16.20.090 Short subdivision amendment.
A. Once a short subdivision has been recorded with the Douglas County auditor, it can be amended or vacated in whole or part, subject to the limitations described in RIMC 16.20.020 and in RCW 58.17.060. All proposed alterations or vacations that include public dedications shall be processed in accordance with Chapter 16.36 RIMC, Plat Alterations. If the proposed alteration does not involve a public dedication, the altered short subdivision shall be processed in accordance with this section.
B. The amended short plat must comply with all of the procedures and requirements of this chapter; however, a new survey shall not be required except for new lines created by the amended short plat.
C. The title of the altered short plat shall be “Short Subdivision No. ____ Amending Short Subdivision No. ____.”
D. Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the Douglas County auditor specifically referencing the short plat by number and the correction. (Ord. 01-062 § 4).
16.20.100 Accumulative short subdivisions.
Accumulative short subdivisions are not permitted. The short subdivision process may not be utilized to apply for a series of short subdivisions within two years from any application, thereby circumventing the major subdivision procedures. (Ord. 01-062 § 4).