This chapter shall be entitled "Modified Subdivisions and Short Subdivisions."
(Ord. 1585 § 64, 2013)
This chapter shall apply to subdivision applications not in compliance with one or more of the requirements identified in chapter 17.10 DMMC.
(Ord. 1585 § 65, 2013)
The purpose of this chapter is to provide an alternative process for approval of plats where minor modifications are justified and the provisions of chapter 58.17 RCW are met.
(Ord. 1585 § 66, 2013)
The provisions of this chapter establish a mechanism whereby an applicant may propose and the City may consider and approve an innovative or unusual subdivision or short subdivision that does not comply with one or more of the requirements specified in chapter 17.35 DMMC.
(Ord. 1585 § 68, 2013)
Requests for modified subdivisions and short subdivisions shall be processed and decided upon as specified in chapters 17.10 and 17.05 DMMC (Subdivisions and Short Subdivisions, respectively); except that the following additional requirements shall apply:
(1) 
Public notice shall be expanded to include a description of which aspects of the proposed modified subdivision/short subdivision are requested to deviate from City standards.
(2) 
The applicant shall submit as part of the required application materials a written narrative entitled "Modified Subdivision/Short Subdivision Design Justification" which states why proposed deviations from City standards are necessary and what unique design features, not ordinarily provided in traditional subdivisions/short subdivisions, are incorporated into the proposal to offset the need for such standards.
(3) 
Within 21 days of the date of the decision to approve, approve with conditions, or disapprove a short subdivision, the planning official shall provide notice of the decision, written findings, and other relevant materials to the City Council at a regularly scheduled public meeting. The City Council shall by motion decide whether to concur with the Planning, Building and Public Works Director's decision or review the matter further at a future meeting. The decision to approve, approve with conditions, or disapprove an application for modified short subdivision shall not be considered final until City Council action on the matter is complete.
(Ord. 1585 § 69, 2013)
The City may approve a proposed modified subdivision or short subdivision under this chapter only if it finds that all of the following criteria are met:
(1) 
It is consistent with the intent of the Comprehensive Plan, Zoning Code, and Shoreline Master Program; and
(2) 
All lots within a subdivision meet the lot area and lot width requirements for the zone classification assigned to the property proposed to be subdivided; and
(3) 
Except for those requirements specifically requested by the applicant to be modified, it is consistent with the applicable provisions of chapter 17.35 DMMC; and
(4) 
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
(5) 
It serves 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
(6) 
The proposed modified subdivision/short 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; and
(7) 
The applicant has demonstrated that the proposal includes design features or improvements which are beneficial to the public, typically not found in traditional subdivision proposals, and equivalent in scale or value to the improvements or requirements from which the proposal deviates; and
(8) 
In subdivisions containing tracts for wetlands, streams, or required buffers, as required by DMMC § 17.35.190, the minimum lot size established by Title 18 DMMC for the zone classification assigned to the property proposed to be subdivided may be reduced, provided:
(a) 
The number of lots within the subdivision shall be no more than allowed by Title 18 DMMC under the provisions for limited density transfer for environmentally critical areas; and
(b) 
Adequate recreation area shall be provided on each lot or by establishing a separate recreation tract in addition to that required by DMMC § 17.35.180.
(Ord. 1585 § 70, 2013)
The written decision shall include:
(1) 
A statement approving, approving with conditions, 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 § 71, 2013)
If a modification is granted under this chapter, the recorded subdivision or short subdivision must clearly reflect that each lot and tract in the subdivision or short subdivision must be used, developed, or maintained consistent with the entire approved subdivision or short subdivision. Any proposed change to the use, development, or existence of any of the lots or tracts in the subdivision or short subdivision shall not be approved unless the entire subdivision or short subdivision is subject to City review and modification.
(Ord. 1585 § 72, 2013)