Chapter 21.61
SUBDIVISION REVIEW PROCEDURES

Sections:

21.61.010    Purpose.

21.61.020    Preliminary subdivision review.

21.61.030    Short subdivision review.

21.61.040    Preliminary subdivision and short subdivision approval criteria.

21.61.050    Final plat.

21.61.060    Final plat approval criteria.

21.61.070    Binding site plan.

21.61.080    Boundary line adjustments.

21.61.090    Subdivision modifications and alterations.

21.61.100    Subdivision vacations.

21.61.010 Purpose.

The provisions of this chapter describe the procedure that the City will use to review and decide upon proposed subdivisions and short subdivisions. (Ord. 643 § 8, 2017)

21.61.020 Preliminary subdivision review.

(1) Applicability. The purpose of a preliminary subdivision is to divide land into five or more lots, tracts, parcels, sites, or divisions.

(2) Filing. Any person may file an application in compliance with the requirements as set forth in Chapters 21.60 and 21.83 WMC.

(3) Public Notice. Notices of application and public hearing shall be provided in compliance with Chapter 21.84 WMC.

(4) Public Hearing and Public Hearing Record. The hearing body shall hold a public hearing to receive all relevant evidence, including staff recommendations, testimony, and exhibits, in accordance with Chapter 21.84 WMC.

(5) Approval Criteria. As a basis for deciding the application, the hearing body shall determine if appropriate provisions have been made for, but not limited to, the standards set forth in Chapter 21.60 WMC and the criteria in WMC 21.61.040.

(6) Decisions. The final decision made by the hearing body shall be made pursuant to Chapters 21.83 and 21.84 WMC. The hearing body shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open space, site drainage, streets, transit, water and sanitary sewer services, parks and recreation, playgrounds, schools, and safe walk routes.

(7) Effect of Preliminary Subdivision Approval. Approval of the preliminary subdivision shall constitute authorization for the applicant to develop the subdivision facilities and improvements in strict accordance with the plans and specifications as approved by the City subject to any conditions imposed by the hearing body.

(8) Time Limitation. A preliminary subdivision shall be approved, approved with conditions, disapproved or returned to the applicant for modification or correction within 90 days from the date of filing of a complete application unless the applicant agrees to an extension of the time period in writing; provided, should an environmental impact statement (EIS) be required per RCW 43.21C.030, the 90-day period shall not include the time spent in preparing and circulating the EIS by the City.

(9) Expiration. Final plat approval must be acquired within five years of preliminary subdivision approval. A one-year extension may be granted by the Development Services Director if the applicant has attempted in good faith to complete the final plat within the five-year time period. The applicant shall file a written request with the City requesting the extension at least 30 days before expiration. (Ord. 643 § 8, 2017)

21.61.030 Short subdivision review.

(1) Applicability. The purpose of a short subdivision is to divide land into four or fewer lots, tracts, parcels, sites, or divisions.

(2) Filing. Any person may file an application in compliance with the requirements as set forth in Chapters 21.60 and 21.83 WMC.

(3) Public Notice. Notice of application shall be provided in compliance with Chapter 21.84 WMC and RCW 58.17.155.

(4) Approval Criteria. As a basis for deciding the application, the City shall determine if appropriate provisions have been made for, but not limited to, the standards set forth in Chapter 21.60 WMC and the criteria in WMC 21.61.040.

(5) Decision. Each final decision of the City shall be made pursuant to WMC 21.83.070. The City shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open space, site drainage, streets, transit, water and sanitary sewer services, parks and recreation, playgrounds, schools, and safe walk routes.

(6) Effect of Short Subdivision Approval. Approval of the short subdivision shall constitute authorization of the applicant to develop the short subdivision facilities and improvements in strict accordance with the plans and specifications as approved and conditioned by the City.

(7) Time Limitation. Within 30 days of the date of filing the application for a short subdivision, unless an extension is granted in writing by the applicant, the applicant shall be notified in writing of one of the following:

(a) That the final approval has been granted;

(b) That tentative approval has been granted, meaning that approval of a short subdivision application is subject to the satisfactory completion of improvements, conditions, and/or requirements specified by the City;

(c) That the application is returned due to certain omissions, problems, deficiencies, or noncompliance with short subdivision requirements; or

(d) That the application has been disapproved.

(8) Expiration. Final short subdivision approval must be acquired within five years of short subdivision approval. A one-year extension may be granted by the Development Services Director if the applicant has attempted in good faith to complete the final short subdivision within the five-year time period. The applicant shall file a written request with the City requesting the extension at least 30 days before expiration.

(9) Short Subdivisions – Restrictions. The area included in an approved and recorded short subdivision shall not be further divided within a period of five years from the date of final approval without meeting the requirements for a subdivision; except, that when the short subdivision contains fewer than four lots, tracts, parcels, sites, or divisions, 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 four lots, tracts, parcels, sites, or divisions within the original short subdivision boundaries. (Ord. 643 § 8, 2017)

21.61.040 Preliminary subdivision and short subdivision approval criteria.

(1) A preliminary subdivision or short subdivision shall be granted by the City if the applicant demonstrates all of the following criteria are met:

(a) The proposal is in conformance with the Comprehensive Plan, Shoreline Master Program, and other City-adopted plans;

(b) The proposal conforms to the development standards set forth in this title;

(c) The proposed street system conforms to the City of Woodinville public infrastructure standards and specifications and neighborhood street plans, and is laid out in such a manner as to provide for the safe, orderly and efficient circulation of traffic;

(d) The proposed subdivision or short subdivision will be adequately served with City-approved water and sewer, and other utilities appropriate to the nature of the subdivision or short subdivision;

(e) The layout of lots, and their size and dimensions, take into account topography and vegetation on the site in order that buildings may be reasonably sited, and that the least disruption of the site, topography, trees and vegetation will result from development of the lots;

(f) Identified hazards and limitations to development have been considered in the design of streets and lot layout to assure street and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected;

(g) Safe walk to school procedures, as established by the City, have been met;

(h) Tree preservation has been considered in accordance with the community urban forestry plan and tree preservation requirements have been adequately met. (Ord. 643 § 8, 2017)

21.61.050 Final plat.

(1) Applicability. A final plat is a final drawing of a preliminary subdivision or short subdivision prepared for filing for record with the King County Recorder’s Office.

(2) Filing. Any person may file an application in compliance with the requirements as set forth in Chapters 21.60 and 21.83 WMC.

(3) Public Notice. Notice of the filing of the application shall be mailed to parties of record of the short subdivision or preliminary subdivision.

(4) Department Review. The Development Services Department shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open space, site drainage, streets, transit, water and sanitary sewer services, parks and recreation, schools and playgrounds, and safe walk routes. The Development Services Department shall review the survey data, layout of lot lines, streets, alleys and other rights-of-way, and utility improvements to assure that:

(a) The proposed final plat conforms to all terms of preliminary approval, and whether the subdivision meets the requirements of Chapter 21.60 WMC, applicable State laws and all other local ordinances adopted by the City which were in effect at the time of preliminary approval;

(b) The proposed final plat contains a dedication to the public of all common improvements, including, but not limited to, streets, roads, water and sanitary sewer systems;

(c) City-approved utilities, systems, and features are available to each lot created by the division of land and referenced on the final plat;

(d) The proposed final plat bears the certificates and statements of approval;

(e) Current title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the final plat;

(f) The legal description and all encumbrances within the subdivision boundary on the current title insurance report are consistent with the final plat;

(g) The facilities and improvements required to be provided by the subdivider, including as-built documents, have been completed subject to subsection (7) of this section;

(h) The surveyor has certified that all survey monument lot corners are in place and visible; and

(i) The plat is technically correct and accurate as certified by the surveyor responsible for the plat.

(5) Recording. No final plat shall be recorded unless approved by the City. The original of an approved final plat shall be filed for record with the King County Recorder’s Office. Prior to recording, the applicant shall submit the original final plat drawings to the Development Services Department together with the application fees and performance bond(s).

(6) Construction of Improvements. All required improvements, public or private, shall be constructed or installed prior to final plat approval in accordance with the provisions of this chapter and the requirements of the approved subdivision, except as follows:

(a) For preliminary subdivisions, the City may accept a surety bond, a cash deposit or an assignment of funds in lieu of installing or constructing certain improvements, provided deferral of improvements shall not endanger the public health, safety, or welfare:

(i) Minor items of the required improvements such as the final lift of asphalt pavement and/or landscaping; or

(ii) Whether the City and/or other public agency’s capital project needs to be completed ahead of the required improvements to allow for logical sequence of construction to prevent damage or disruption to the improvements being made.

(b) For short subdivisions, the City may accept a surety bond, cash deposit, or assignment of funds in an amount determined by the City in lieu of constructing the required frontage improvements including, but not limited to, street frontage improvements, and storm drainage systems for any individual lot within the subdivision. In approving the plat and allowing the financial guarantee in lieu of actually constructing the required frontage improvements, the City shall determine that the public health, safety, and welfare are not endangered by allowing plat to be approved without the required improvements being completed within the time period set forth in WMC 21.60.220.

(7) Time Limits. Final plat shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of filing unless the applicant consents to an extension of such time period. (Ord. 643 § 8, 2017)

21.61.060 Final plat approval criteria.

(1) No final plat shall be approved unless the following criteria are met:

(a) The final plat is in substantial conformance with the provisions for the preliminary subdivision or short subdivision approval, including any conditions imposed as part of the approval.

(b) The final plat contains a dedication to the public of all common improvements, including but not limited to streets, roads, sewage disposal and water supply systems which were a condition of approval.

(c) All common improvements required as conditions of approval of the proposed preliminary subdivision or short subdivision have been referenced on the final plat.

(d) The final plat is in compliance with the provisions of Chapters 21.51 and 21.81 WMC. (Ord. 643 § 8, 2017)

21.61.070 Binding site plan.

(1) Applicability. The purpose of a binding site plan is to divide commercial or industrially zoned properties as authorized by RCW 58.17.035. Lots subject to a binding site plan continue to function as one site concerning, but not limited to, site access, interior circulation and parking areas, open space, drainage facilities, landscaping, or maintenance.

(2) Filing. Any person may file an application in compliance with the requirements as set forth in Chapters 21.60 and 21.83 WMC.

(3) Public Notice. Notice of the filing of the application shall be provided in compliance with Chapter 21.84 WMC.

(4) Decision Criteria. A binding site plan shall be granted by the City if the applicant demonstrates that all of the following criteria are met:

(a) The proposal conforms to the goals, policies, criteria and plans set forth in the City of Woodinville Comprehensive Plan;

(b) The proposal conforms to the development standards set forth in this title;

(c) The proposed street system conforms to the City of Woodinville public infrastructure standards and specifications and neighborhood street plans, and is laid out in such a manner as to provide for the safe, orderly and efficient circulation of traffic;

(d) The proposed binding site plan will be adequately served with City-approved water and sewer, and other utilities appropriate to the nature of the proposal;

(e) The layout of lots, and their size and dimensions, take into account topography and vegetation on the site in order that buildings may be reasonably sited, and that the least disruption of the site, topography, trees and vegetation will result from development of the lots;

(f) Identified hazards and limitations to development have been considered in the design of streets and lot layout to assure street and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected;

(g) Tree preservation has been considered in accordance with the community urban forestry plan and tree preservation requirements have been adequately met.

(5) Decisions. The City shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open spaces, drainage ways, streets and other public ways, transit stops, potable water supplies, and sanitary sewer.

(6) Effect of Binding Site Plan Approval. Approved binding site plans shall be binding and all provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel or tract created pursuant to the binding site plan. A sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval shall be considered a violation of this chapter, and shall be restrained by injunctive action and shall be illegal as provided in Chapter 58.17 RCW, Plats – Subdivisions – Dedications.

(7) Recording. No final plat shall be recorded unless approved by the City Council. The original of an approved final plat shall be filed for record with the King County Recorder’s Office. Prior to recording, the applicant shall submit the original final plat drawings to the Development Services Department together with the application fees and performance bond(s).

(8) Limitations. The following apply to binding site plan applications:

(a) Sites subject to binding site plans shall consist of one or more contiguous lots legally created.

(b) Sites subject to binding site plans may be reviewed independently, or concurrently with a commercial development permit application.

(c) The binding site plan process creates or alters lot lines, and does not authorize substantial improvements or changes to the property or the uses thereon. (Ord. 643 § 8, 2017)

21.61.080 Boundary line adjustments.

(1) Applicability. A boundary line adjustment may be used to correct or adjust final plats or boundary lines between two or more adjoining parcels; provided the proposed changes are minor and do not create new lots. This method may be used to consolidate two or more existing lots.

(2) Filing. Any person may file an application in compliance with the requirements as set forth in Chapters 21.60 and 21.83 WMC.

(3) Approval Criteria. A boundary line adjustment shall be granted by the City if the applicant demonstrates that all of the following criteria are met:

(a) The proposal does not create any additional tracts, lots, parcels, or divisions of land;

(b) The proposal does not cause a lot, tract, parcel, or division of land to contain insufficient area or dimensions to meet the minimum requirements for area and dimensions as set forth in the Woodinville Municipal Code;

(c) The proposal does not create or diminish any easement, or deprive a lot of access or utilities; and

(d) The proposal does not create or increase the nonconformity of structures.

(4) Decision. Each final decision of the City shall be made pursuant to WMC 21.83.070. The City shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open space, site drainage, streets, transit, water and sanitary sewer services, parks and recreation, schools and playgrounds, and safe walk routes. (Ord. 643 § 8, 2017)

21.61.090 Subdivision modifications and alterations.

(1) Modifications to Approved Subdivisions. Applications to modify an approved preliminary subdivision or short subdivision pursuant to WMC 21.61.020 and 21.61.030 shall be subject to the following:

(a) Minor modifications include, but are not limited to, changes in lot dimensions consistent with Chapter 21.60 WMC and engineering design that are minor and are not detrimental to the public health, safety, or welfare, do not result in relocation of access points, or decrease in the number of lots. Minor modifications shall be processed as a Type 2 decision pursuant to WMC 21.83.020(4).

(b) Major modifications include, but are not limited to, creating or increasing adverse impacts, creation of additional lots, reduction of open space area, or changes to the conditions of approval. Major modifications shall be processed as a new application as set forth in Chapters 21.60 and 21.83 WMC.

(2) Alterations to Recorded Subdivisions. Applications to alter a recorded subdivision shall comply with the following:

(a) The applicant shall file an application as set forth in Chapters 21.60 and 21.83 WMC.

(b) The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered and other application submittal materials as required.

(c) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties, subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration.

(d) The hearing body shall conduct a public hearing on the application for alteration, subject to the provisions of Chapter 21.84 WMC, and may approve or deny the application for alteration of the subdivision after determining the public use and interest to be served.

(e) After approval of the alteration, the applicant shall submit to the City a revised drawing of the approved alteration of the subdivision, which after signature of the approving authority shall be filed with the King County Recorder’s Office to become the lawful subdivision of the property. The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor. (Ord. 643 § 8, 2017)

21.61.100 Subdivision vacations.

(1) Any person interested in the vacation of any subdivision or portion thereof or area dedicated for public use shall file an application pursuant to WMC 21.83.020.

(2) The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion to be vacated.

(3) If the subdivision is subject to restrictive covenants which are filed at the time of approval of the subdivision, and the vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation.

(4) The hearing body shall conduct a public hearing on the application for a vacation, and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City unless the approval authority adopts written findings that the public use would not be served in retaining title to those lands. Title to vacated property shall be governed by Chapter 58.17 RCW, Plats – Subdivision Dedications. (Ord. 643 § 8, 2017)