17.22.070 Preliminary approval.
A. Procedure. An application for a short plat shall be reviewed as a Process II permit type, which does not require a public hearing but does provide for public notice and comment. (See LMC 18A.20.080.) The initial decision on a short plat application is made by the Community Development Director. The Director’s decision may be appealed to the City’s Hearing Examiner.
1. Upon receipt of a complete application for a short plat, the Community and Economic Development Department shall forward copies of the application and short plat map to the Public Works Department, the Fire Marshal, the Pierce County Assessor’s Office, the Pierce County Public Works Sewer Utility, the Lakewood Water District, any affected public utility agencies, and the Tacoma-County Health Department. The initial review by the departments/agencies of the proposed short plat shall be completed within 15 days, unless, upon the request of the Community and Economic Development Department, the applicant consents to an extension of such time period. The proposed preliminary short plat shall be considered under the subdivision regulations and zoning or other land use control ordinances in effect at the time a fully completed application for preliminary short plat approval has been submitted to the City.
2. Each department or official shall either recommend approval, disapproval, or revision of the short plat within the 15-day initial review period. The Community Development Director shall have the final authority to approve, approve with conditions or deny a short plat application.
3. If returned for revision, the applicant or representative shall submit six prints to the Community and Economic Development Department reflecting the required revisions within 60 days after any review comments are provided by the reviewing agencies. Should the applicant require an extension of time to satisfy the requirements that were requested during the initial 15-day review, additional time may be granted upon written request.
4. Due to the complexity of the proposal, the applicant may desire to request the following to extend the life of the application.
a. Request in writing from the applicant that the application for the proposed short plat be placed on hold for due cause. “Due cause” would constitute a situation that was beyond the applicant’s controls; i.e., required environmental checklist, Health Department requirement for viewing high water table on the site prior to review for waste disposal, or water availability report required by the state.
The request shall be accompanied by an estimated time line for completion of the required additional material, studies, or review. The hold will be placed upon the application for a specified period of time.
b. Request in writing by the applicant that a time extension would be necessary to provide the reviewing departments the necessary material, documents, and studies, as requested in the initial City review. The Community and Economic Development Department may provide a second additional extension, not to exceed 180 days. A fee may be charged for the extended time, per the fee schedule.
c. Any applicable time limitations for processing an application, including time limits set forth in Chapter 36.70B or 58.17 RCW, LMC Title 18A, or this title, shall be tolled while the applicant responds to requests for revision or additional information within the time frames set forth in this section.
5. The applicant is required to submit the revisions as requested, at the expiration of the allowable time line, along with six prints to the Community and Economic Development Department. The reviewing departments shall have a 14-day review period to consider the revised plans. At the conclusion of the review period, the reviewing department directors or authorized representatives shall notify the applicant whether the application is complete or what additional information is necessary (RCW 36.70B.070(4)(b)).
6. If the project applicant does not respond to requests for project amendments or additional information within the time frames specified herein, the Community and Economic Development Department may deny the application without prejudice.
B. Required Written Findings for Short Subdivisions. The Community Development Director or designee shall inquire into the public use and interest proposed to be served by the establishment of the short subdivision and dedication.
A proposed short subdivision and dedication shall not be approved unless the Director or designee makes written findings that:
1. Appropriate provisions are made for the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, time limits, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
2. The public use and interest will be served by the platting of such subdivision and dedication. If the Director or designee finds that the proposed short subdivision makes such appropriate provisions and that the public use and interest will be served, then the Director or designee shall approve the proposed short subdivision and dedication.
C. Notice of Return to Applicant for Cause. If a short plat is not in proper order or cannot be approved in its present form, a letter postmarked prior to the expiration of said 30-day period shall be sent to the applicant (by the disapproving department) to notify him of why approval cannot be given in its present form.
D. Effect of Approval. The Community Development Director’s initial approval shall set forth the findings required by subsection B of this section, and may include specific conditions of approval. All required improvements must be installed and a copy of the final short plat map that responds to any conditions of approval must be submitted within three years of the date of the initial approval for final review and recording. An additional one-year extension of time may be granted by the Community Development Director upon a showing of good cause beyond the control of the applicant that has delayed the ability of the applicant to complete the subdivision. The approval of a short plat shall not be a guarantee that future permits will be granted for any structures or development within said area and a notation to this effect shall be stated on the face of the short plat. Provided further that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a preliminary and final plat, except that when the short plat contains fewer than nine parcels, the owner may file a short plat alteration or new short plat application within the five-year period to create up to a total of nine lots within the original short plat boundaries. Any such alteration application shall be reviewed de novo on its own merits. [Ord. 726 § 2(Exh. A), 2019; Ord. 591 § 55, 2015; Ord. 60 § 1, 1996.]