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Chapter 7
SUBDIVISION REGULATIONSCHAPTER GUIDE: Chapter 4-7 RMC contains procedures and review criteria for subdivisions, binding site plans, and lot line adjustments. Submittal requirements can be found in chapter 4-8 RMC, and fee information can be found in chapter 4-1 RMC. Detailed improvement requirements, such as streets and utilities can be found in chapter 4-6 RMC.
This Chapter last amended by Ord. 5369, April 14, 2008.
4-7-010 TITLE, PURPOSE AND SCOPE:
A. TITLE:
This Chapter shall be hereinafter known as the City of Renton Subdivision Code.
B. PURPOSE:
The purpose of this Chapter is to provide rules, regulations, requirements, and standards for subdividing land in the City, and for administrative procedures for adjustments of lot lines in the City, ensuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that the site characteristics shall be taken into consideration; that conformance with provisions set forth in the City Zoning Code and Comprehensive Plan shall be insured.
C. SCOPE:
1. Division: This Chapter shall apply to the division of land for sale or lease into two (2) or more parcels and to the modification of lot lines between adjoining parcels.
2. City Approval of Segregations Required: Segregations require plat or short plat approval by the City of Renton.
a. Method of Calculating Lot Size for a Segregation: For the purposes of computing the size of any segregation which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline.
D. CONFLICTS WITH OTHER CODES:
Where this Chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this Chapter shall prevail.
E. STATE ENABLING LEGISLATION AS IT APPLIES TO THIS CHAPTER:
This Chapter is in conformance with chapter 58.17 RCW regulating platting, subdivision, adjusting lot lines, and the dedication of land; and further provides for administrative procedures for the adjustment of lot lines.
4-7-020 ADMINISTERING AUTHORITY:
A. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT (PBPW):
The PBPW Department is responsible for the administration and coordination of this Chapter unless another department is authorized to administer and enforce a specific section or sections. The PBPW Department is also responsible for reviewing all engineering and technical requirements of this Chapter.
B. ADMINISTRATOR:
The Administrator shall review and make recommendations to the Hearing Examiner for preliminary plats and short plats of five (5) or more lots. The Administrator shall have the authority to approve short plats of less than five (5) lots.
C. HEARING EXAMINER:
The Hearing Examiner is authorized to hold a public hearing on all preliminary plats and to make recommendations to the City Council.
D. CITY COUNCIL:
The City Council shall approve all preliminary plats; further, the City Council shall have sole authority to approve final plats.
4-7-030 NOTIFICATION OF OTHER AGENCIES:
A. NOTICE TO OTHER JURISDICTIONS:
Notice of the filing of a preliminary plat of a proposed subdivision in the City, which subdivision is adjacent to the City’s municipal boundaries, or which contemplates the use of King County’s or any other city’s utilities shall be sent to the appropriate county or city authorities.
B. NOTICE FOR STATE HIGHWAYS:
Notice of the filing of a preliminary plat or short plat located adjacent to the right-of-way of a State highway shall be sent to the State Department of Transportation.
4-7-040 EXCEPTIONS:
A. CHAPTER INAPPLICABLE:
The provisions of this Chapter do not apply to:
1. Cemeteries and burial plots while used for that purpose.
2. Divisions made by testamentary provisions, or the laws of descent.
3. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation, or by court judgment.
4. Divisions of land classified for industrial or commercial use into lots or tracts when the City has approved a binding site plan in accordance with all applicable requirements of the Renton Municipal Code and chapter 58.17 RCW. (Ord. 4954, 2-11-2002)
4-7-050 GENERAL OUTLINE OF SUBDIVISION, SHORT PLAT AND LOT LINE ADJUSTMENT PROCEDURES:
A. PRE-APPLICATION MEETING:
Any person who desires to subdivide land in the City should request a preapplication meeting with the Department at an early date in order to become familiar with the requirements of this Chapter.
B. APPLICATION FOR LOT LINE ADJUSTMENT – GENERAL OVERVIEW OF PROCEDURES:
The general administrative procedures for processing applications for a lot line adjustment are as follows:
1. Application: The completed application is filed with the Department;
2. Review: The application is reviewed by the Department staff;
3. Decision: The adjustment is either approved, modified, or denied by the Administrator and/or designee;
4. Recording: The approved lot line adjustment is recorded by the City Clerk with the King County Department of Records and Elections.
C. APPLICATION FOR SHORT SUBDIVISION – GENERAL OVERVIEW OF PROCEDURES:
The general procedures for processing applications for a short subdivision are as follows:
1. Application: The completed application is filed with the Department.
2. Public Notice: Public comment is requested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hundred feet (300') of the subject property. A fourteen (14) day comment period is provided prior to a determination on the application.
3. Review: The application is reviewed by the Department and other interested City departments and outside agencies.
4. Plats with Four (4) or Less Lots: The Administrator may approve, modify, or deny the short subdivision; or require a public hearing and decision by the Hearing Examiner. Appeal of the decision of the Administrator shall be to the Hearing Examiner.
5. Plats with Five (5) to Nine (9) Lots: A public hearing before the Hearing Examiner will be conducted for short plats creating five (5) or more lots. The short plat decision will then be made by the Hearing Examiner.
6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Planning/Building/Public Works Administrator or his/her designee. (Ord. 5156, 9-26-2005)
7. Recording: The final short plat is submitted to the Department for final review, approval and recording.
D. APPLICATION FOR SUBDIVISION – GENERAL OVERVIEW OF PROCEDURES:
The general procedures for processing an application for a subdivision are as follows:
1. Application: The completed application is filed with the Department.
2. Public Notice: Public comment is requested by the following: (a) a notice board on the site, (b) a notice in a newspaper of general local circulation, and (c) written notice is mailed to all property owners within three hundred feet (300') of the subject property. A fourteen (14) day comment period is provided prior to a public hearing on the application.
3. Initial Review: The application is reviewed by the Department and other interested City departments and outside agencies.
4. Recommendation: The Administrator will send a recommendation to the Hearing Examiner along with the environmental determination.
5. Hearing: The Hearing Examiner will hold a public hearing and forward a recommendation to the City Council which will make a final determination regarding the preliminary plat.
6. Improvements: The Department will confirm that the required improvements have been installed by the applicant, or deferred by the Planning/Building/Public Works Administrator or his/her designee. (Ord. 5156, 9-26-2005)
7. Final Review: The applicant submits the final plat to the Department for its review. The Department will forward the final plat and its recommendation to the City Council.
8. Recording: The Department submits the final plat to the City Council for approval. The approved final plat is recorded with the office of the King County Department of Records and Elections.
4-7-060 DETAILED PROCEDURES FOR LOT LINE ADJUSTMENTS:
A. PURPOSE:
The purpose of a lot line adjustment is to accommodate a transfer of land between adjacent legally created lots provided no additional lot, parcel or tracts are created.
B. PRINCIPLES OF ACCEPTABILITY:
A lot line adjustment shall be consistent with the following principles of acceptability:
1. Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments;
2. Improving: Create better lot design, or improve access;
3. Conforming: Conform to Applicable Zoning: See chapter 4-2 RMC, subdivision and other code requirements pertaining to lot design, building location, and development standards.
C. SUBMITTAL REQUIREMENTS FOR LOT LINE ADJUSTMENTS:
Shall be as stipulated in RMC 4-8-120.
D. FEES:
Shall be as stipulated in RMC 4-1-170.
E. ADMINISTRATIVE REVIEW:
1. Review Time: The Administrator will review and take action on the proposed lot line adjustment within thirty (30) working days of receiving a completed application.
2. Action: The Administrator may approve, request corrections by the applicant, approve with modifications, or deny the application for a lot line adjustment.
3. Approval: If approved the lot line adjustment mylar map shall be signed and dated by the Administrator. The applicant shall be notified in writing of the decision. The signed mylar map shall be filed with the King County Department of Records and Elections.
4. Approval with Modification(s): If modification(s) are deemed necessary by the Administrator, they may be added to the original lot line adjustment map or a revised map may be required. The applicant will be notified of any such modification action. If a modification of the original lot line adjustment map, legal description or other information is necessary, the projected approval date may be extended.
5. Denial: If denied, the lot line adjustment shall be marked “Denied” and the applicant shall be notified in writing of the decision, stating the reasons therefor.
F. FINAL RECORDING:
The lot line adjustment does not become effective until it is recorded with the King County Department of Records and Elections. After two (2) copies of the signed mylar are made for City records, the mylar shall be sent to the City Clerk’s office for recording. It is the responsibility of the City Clerk to record the approved map and new legal descriptions. A copy of the recorded documents shall be provided to the applicant by the Planning/Building/Public Works Department.
G. TRANSFER OF TITLE:
The recording of a lot line adjustment does not constitute a transfer of title. Separate deeds to this effect must be recorded with the King County Department of Records and Elections and are not subject to these provisions.
H. EXPIRATION PERIOD:
If the lot line adjustment is not filed within two (2) years of the date of approval, the lot line adjustment shall be null and void. Upon written request of the applicant, the Planning/Building/Public Works Department may grant one extension of not more than one year. Such request must be received by the Department prior to the two (2) year expiration date.
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 subdivider and to comply with provisions of chapter 58.17 RCW.
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 which has not been divided in a short subdivision within a period of five (5) years, shall meet the requirements of this Section.
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 which has been divided in a short subdivision within the preceding five (5) years. Such applications must be processed as preliminary plat, rather than a short plat.
D. PRE-APPLICATION PLAN REVIEW:
In any short subdivision of property the applicant may submit a preliminary sketch (five (5) copies) for preliminary staff review prior to submittal of the application. The staff shall review this map within fourteen (14) working days and inform applicant of any preliminary concerns and recommendations for revisions. This shall not preclude the staff from making further recommendations at the application stage.
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 given when short plat application is made. The notices shall state the nature and location of the proposed development, the public approvals that are required and the opportunities for public comment. A fourteen (14) day public comment period shall be provided prior to any final action by the Administrator on the proposed short plat. Notice of the application for short plat shall be given in the following manner:
1. Public Information Sign: A minimum of one notice of the application for short plat shall be posted on or adjacent to the land to be subdivided at least fourteen (14) days prior to the administrative determination on the short plat application. Public notice shall be accomplished through use of a four foot by eight foot (4' x 8') plywood face notice board to be provided and installed by the applicant and approved by the Department. Applicant shall be responsible for placement of the notice board in one conspicuous place on or adjacent to the property subject to the application at least fourteen (14) days prior to the administrative determination on the short plat application. Applicant will notify the Department staff when the notice board is installed to allow for Department review and approval of the notice board.
2. Newspaper Publication: One notice of the short plat application shall be given in a newspaper of general circulation within the area in which property is located, at least ten (10) days prior to the administrative determination on the short plat application.
3. Mailed Notices: Notice shall be mailed to all property owners within a radius of three hundred feet (300') of the exterior boundaries of the property which is the subject of the application. If the owner of the subject property also owns property lying adjacent to the subject property, the three hundred foot (300') radius must be taken from the exterior boundaries of this adjacent owned property.
4. Failure to Receive Notice: The failure of any property owner to receive said notice of hearing will not necessarily invalidate the proceedings. Failure to receive notice will be grounds for a request for reconsideration by the decision maker for the short plat. The decision maker shall reconsider when it is demonstrated that there is additional material testimony to provide that was not provided by others before the original decision.
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.
2. Action: The Administrator may approve, approve with modifications, require a public hearing and decision by the Hearing Examiner, or deny the application for a short plat. Action for short plats of five (5) or greater lots, or 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.
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. Short plats of five (5) or more lots will also be referred to the Hearing Examiner for public hearing and decision. Notice of the public hearing shall be given as required for a full subdivision.
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: Any party may request that an application, on which the Administrator has taken action, be reopened by the Administrator if it is found by the Department or the applicant that new information has come to light not readily discoverable prior to the approval upon the exercise of due diligence or any material misrepresentation of fact is found that might affect the action taken by the Administrator. In case of a denial of the request for reconsideration by the Administrator any appeal shall be made to the Hearing Examiner. New information can be presented during the Hearing Examiner’s consideration of the appeal.
I. APPEAL:
The decision of the Administrator shall be final, unless an appeal by any aggrieved party is made to the Hearing Examiner within fourteen (14) days after the Administrator’s decision. Said appeal shall be in writing to the Hearing Examiner and filed with the City Clerk and the Department. The Hearing Examiner shall set a hearing date for the appeal within twenty one (21) days unless an extension thereto is agreed to, in writing, by the applicant.
J. REQUIRED IMPROVEMENTS:
The following tangible improvements shall be constructed or deferred before a final short plat is submitted or a short subdivision is recorded: grading and paving of streets and alleys, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, together with all appurtenances thereto to specifications and standards of this Code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineered plans prepared per the City drafting standards and associated fees.
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 City Council approval prior to filing of the short plat.
2. Administrator Signature and Recording Fees: A short plat must be signed by the Administrator before it is filed. The final signed mylar 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 subdivider.
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 office of the King County Department of Records and Elections and shall not be deemed approved until so filed.
M. EXPIRATION PERIOD:
If the short plat is not filed within two (2) years of the date of approval, the short plat shall be null and void. Upon written request of the subdivider, the Planning/Building/Public Works Department may grant one extension of not more than one year. Such request must be received by the Department prior to the expiration of the short plat.
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 Planning/Building/Public Works 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.
4-7-080 DETAILED PROCEDURES FOR SUBDIVISION:
A. PURPOSE:
The procedures regulating subdivisions, including segregations of ten (10) or more lots, are established to promote orderly and efficient division of lots, avoiding placing undue burdens on the
subdivider and to comply with provisions of chapter 58.17 RCW.
B. PRINCIPLES OF ACCEPTABILITY:
A subdivision shall be consistent with the following principles of acceptability:
1. Legal Lots: 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 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 plat.
4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes.
C. SCOPE:
Any land being divided into ten (10) or more parcels, lots, tracts, sites, or subdivision, including segregations, or any land which has been divided under the short subdivision procedures within five (5) years, or any land which is held in common ownership with a contiguous parcel divided under the short subdivision procedures within the preceding five (5) years shall conform to the procedures and requirements of this Section.
D. PRE-APPLICATION MEETING PROCEDURES:
1. Pre-Application: Requests for a pre-application meeting and review shall be filed with the Department. Five (5) of copies of the pre-application submittal shall be filed with the request.
2. Pre-Application Submittal Requirements:
a. Vicinity map adequate to show the location of the plat.
b. Preliminary plat drawn to an appropriate scale showing the location of existing and proposed platted property lines, streets, buildings, watercourses, railroads, bridges, and easements.
c. Contours should be shown to the extent necessary to predict drainage characteristics of the property.
d. Indicate the approximate dimensions of each lot.
3. Referral to Other Departments: The Department shall transmit copies of the pre-application submittal to other departments as warranted.
4. Pre-Application Meeting: A meeting shall be held attended by the departments which receive copies of the tentative plat, the Department, and the subdivider. Any recommendations of the various departments for revision of the tentative plat should be discussed at such meeting as well as recorded in writing.
5. General Requirements or Findings for Pre-Application Application: Following the aforesaid pre-application meeting, and receipt of the recommendations of other City departments, the Department may find that the proposed plat:
a. Is in general conformance with the regulations of this Chapter;
b. Is in conformance to the street and pedestrian circulation pattern established or proposed for the area of the subdivision;
c. Is in conformance with sewer, water and other utility plans for the area;
d. Is not detrimental to its surroundings.
6. Further Action: If the pre-application request is acceptable as presented, or as modified per the suggestions presented in writing at the pre-application meeting, the applicant should proceed to the preliminary plat stage. If the pre-application submittal is not acceptable, a preliminary plat may still be submitted to the Department.
E. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLAT APPLICATION:
Application for a preliminary plat shall be made as stipulated in RMC 4-8-120.
F. PRELIMINARY PLAT MEETING:
The Department shall compare the applicant’s pre-application plan and preliminary plat and shall reach a decision within three (3) working days after the applicant’s submission as to whether another pre-application meeting is necessary. Another pre-application meeting may be deemed necessary when there are significant differences between the pre-application plan and preliminary plats. The determination of the necessity of another meeting shall be based on the following considerations:
1. Similarity: The degree of similarity between the two (2) plans (i.e., is the preliminary plat a refinement of the pre-application plan, or is it a completely new plat for the same property?).
2. Requested Revisions: The presence or absence of revisions present in the preliminary plat resulting from objections raised at the pre-application meeting.
G. REFERRAL TO OTHER CITY DEPARTMENTS AND AGENCIES:
The Department shall distribute one copy to the Fire Department; one copy to the Police Department; one copy to the Parks Department; and one copy to each of the public utility agencies serving the area in which the subdivision is to be constructed. Each department or agency may file recommendations with the Department within ten (10) working days of receipt of the preliminary plat; or in the event that a preliminary plat meeting would be called by the Department may present their recommendation at that time.
H. TIME LIMITATION FOR APPROVAL OR DISAPPROVAL OF PLATS:
The City will review and take action on the proposed short plat within the time limits as defined in chapter 58.17 RCW.
I. HEARING EXAMINER PUBLIC HEARING:
1. Public Hearing Required: The Hearing Examiner shall hold a public hearing on any preliminary plat and forward his/her recommendations to the City Council. The Hearing Examiner shall review preliminary plats and make recommendations to the City Council to assure conformance with the general purposes of the Comprehensive Plan and adopted standards. The Hearing Examiner’s recommendation shall include findings of fact and conclusions to support the recommendation.
2. Public Notice Required: The notice for public hearing shall include the date and location of the public hearing. Notice of the public hearing shall be given in the following manner:
a. A minimum of one notice of the application for subdivision shall be posted on or adjacent to the land to be subdivided at least fourteen (14) days prior to the administrative determination on the preliminary plat application. Public notice shall be accomplished through use of a four foot by eight foot (4' x 8') plywood face notice board to be provided and installed by the applicant and approved by the Department. Applicant shall be responsible for placement of the notice board in one conspicuous, clearly visible place on or adjacent to the property subject to the application at least fourteen (14) days prior to the date of the public hearing. Applicant will notify the Department staff when the notice board has been installed to allow for Department review and approval of the notice board.
b. One notice of the public hearing shall be given in a newspaper of general circulation within the area in which property is located at least ten (10) days prior to the public hearing.
c. Notice shall be mailed to all property owners within a radius of three hundred feet (300') of the exterior boundaries of the property which is the subject of the application. If the owner of the subject property also owns property lying adjacent to the subject property, the three hundred foot (300') radius must be taken from the exterior boundaries of this adjacent owned property. The notices shall state the nature and location of the proposed development, the public approvals that are required and the opportunities for public comment. Such notice shall be sent at least fourteen (14) days prior to the public hearing.
d. The failure of any property owner to receive said notice of hearing will not necessarily invalidate the proceedings. Failure to receive notice will be grounds for a request for reconsideration by the Hearing Examiner. The Hearing Examiner shall reconsider when it is demonstrated that there is additional material testimony to provide that was not provided by others before the original decision.
J. HEALTH AGENCY RECOMMENDATION:
The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the Department, prior to the Council’s consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle-King County Health Department and for paying the Health Department review fee.)
K. CITY COUNCIL ACTION:
The Hearing Examiner’s recommendations shall be submitted to the City Council not later than fourteen (14) days following the public hearing. After receiving the Hearing Examiner’s recommendation, the City Council shall consider the adoption or rejection of the recommendation. If the City Council deems that a change in the Hearing Examiner’s recommendation is necessary, the change of the recommendation shall not be made until the City Council has adopted its own findings, conclusions recommendations and approved or disapproved the preliminary plat.
L. EXPIRATION DATE:
1. Expiration and Extension: Preliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is submitted within five (5) years from the date of preliminary plat approval. One one-year extension shall be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of this five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to submit the final plat within the five (5) year period. (Amd. Ord. 4751, 11-16-1998)
2. Additional Extensions: Additional time extensions beyond this one-year time period may be granted by the City Council if the applicant can show need caused by unusual circumstances or situations which make it unduly burdensome to file the final plat within the four (4) year time period. The applicant must file a written request with the City Council and Department for this additional time extension; this request must be filed at least thirty (30) days prior to the plat expiration date. The request must include documentation as to the need for the additional time period.
3. Extension Time Increments: Additional time extensions shall be granted in not greater than one-year increments.
4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the City Council of any phase of the preliminary plat will constitute an automatic one-year extension for the filing of the next phase of the subdivision.
M. AMENDMENTS:
At any time after preliminary plat approval and before final plat approval, the applicant may submit an application to the Administrator that proposes an amendment to the approved or conditionally approved preliminary plat.
1. Minor Amendments: The Administrator shall have the authority to administratively approve amendments that the Administrator deems to be minor.
2. Major Amendments: A major amendment shall include, but is not limited to, the following:
a. Any amendment that would result in or would have the effect of decreasing the aggregate area of open space in the subdivision by ten percent (10%) or more;
b. Any amendment that would result in increasing the number of lots in the subdivision beyond the number previously approved;
c. Any amendment that would result in or have the effect of reducing the residential dwelling unit density for the site below the allowed minimum density;
d. Any amendment that would result in the relocation of any roadway access point to an exterior street from the plat;
e. Any amendment that proposes phasing of plat development; or
f. Any amendment that, in the opinion of the Administrator, would significantly increase any adverse impacts or undesirable effects of the plat.
3. Process for Major Amendments: If the Administrator determines that the proposed amendment is major, the Hearing Examiner shall hold a public hearing on the proposed major amendment in accordance with the requirements for preliminary plat approval found in subsection I of this Section provided, however, that any public hearing on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. Within thirty (30) days following receipt of the Hearing Examiner’s written recommendation, the City Council shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of the preliminary plat approval to the extent that they are reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions specified by the City Council, the applicant may withdraw the proposed major amendment and develop the subdivision in accordance with the original preliminary plat approval (as it may have previously been amended). (Ord. 4751, 11-16-1998)
4-7-090 PROPERTY ANNEXED TO CITY WITH PRELIMINARY PLAT APPROVAL IN COUNTY:
In instances where property annexed to the City has received preliminary plat approval from King County prior to annexation, the following review shall occur:
A. CITY STAFF REVIEW:
The Department and Fire Department shall review the plat. City plan checking review and inspections shall be subject to fees pursuant to RMC 4-1-170.
B. GENERAL REQUIREMENTS AND FINDINGS:
If the City staff finds that the preliminary plat complies with the following requirements, the subdivision can proceed to the final plat stage without a preliminary plat hearing by the Hearing Examiner and City Council:
1. Density Requirements: Overall density of the subdivision shall not exceed the maximum density allowed pursuant to the Zoning Code. Lot size and lot width requirements need not comply with Zoning Code so long as overall density complies with the Code.
2. Public Works Improvements: Adequate provision shall be made for drainage, streets, alleys, public ways, water, and sanitary wastes. The City may add conditions to the preliminary plat in order to ensure conformance with City standards.
C. EXPIRATION DATE:
The preliminary plat shall comply with RMC 4-7-080L pertaining to expiration of the preliminary plat. The date of approval will be that date on which King County approved the preliminary plat.
D. INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS:
If the improvements are not constructed prior to annexation to the City, the subdivision must comply with RMC 4-7-100.
E. FINAL PLAT PROCEDURES:
The procedures for final plat shall be the same as those outlined in RMC 4-7-110.
4-7-100 INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS:
A. REQUIRED IMPROVEMENTS:
The following tangible improvements shall be required before a final plat or a short subdivision is recorded: grading and paving of streets and alleys, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, together with all appurtenances thereto to specifications and standards of this Code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineered plans prepared per the City drafting standards and associated fees as listed in RMC 4-1-140 through 4-1-200, Fee Schedules. (Amd. Ord. 4751, 11-16-1998)
B. INSPECTION, APPROVAL AND FEES:
The Department shall be responsible for the supervision, inspection and acceptance of all subdivision improvements.
C. PERMITS:
Prior to proceeding with subdivision improvements, the subdivider shall make application for such permits from the City as are necessary. The applicant is also responsible for complying with all permit requirements of other Federal, State and local agencies.
D. FINAL RECORDING:
No final plat or any short subdivision shall be recorded until all improvements are constructed in a satisfactory manner and approved by the responsible departments or a security approved by the City has been posted for deferred improvements. (Amd. Ord. 4751, 11-16-1998)
E. DEFERRED IMPROVEMENTS:
See RMC 4-9-060.
4-7-110 FINAL PLAT PROCEDURES:
A. APPLICATION:
1. Submittal to Department: Application for final plat shall be filed with the Department on forms prescribed by the Department.
2. Conformance with Preliminary Plat: The final plat shall conform with only minor modifications to the preliminary plat. The lot configuration and number of lots must remain unchanged from the approved preliminary plat. Minor modifications are allowed in lot line locations and dimensions of the new parcels provided all parcels are in conformance with the lot development standards of the Zoning Code.
3. Submittal Requirements: Shall be as stipulated in RMC 4-8-120. The final plat shall be prepared by a registered land surveyor in accordance with the requirements of the Renton surveying standards. Shall contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on site. Shall include dimensions to the nearest one-hundredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds.
4. Fees: Application fees are required as outlined in the Fee Schedule, RMC 4-1-170.
B. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES:
The Department shall distribute the final plat to all other departments, utility agencies and other governmental agencies as warranted.
C. CITY COUNCIL APPROVAL:
At its first public meeting following the date the final plat application has been officially accepted by the Department, the City Council shall set a date to consider the final plat. The final plat shall be approved, disapproved or returned to the applicant for modification or correction by the City Council.
D. SETTING OF MONUMENTS:
All interior monuments shall be installed prior to the release of any bond.
E. FILING FINAL PLAT:
Before the final plat is submitted to the City Council, it shall be signed by the Administrator. After the final plat is approved by the City Council, it shall be signed by the Mayor and the City Clerk. The final plat shall be filed with the King County Department of Records and Elections by the City.
F. EXPIRATION OF PLAT AFTER COUNCIL APPROVAL:
If a final plat has not been recorded within six (6) months after approval by the City Council, the plat shall expire and be null and void. To revitalize the expired plat, the plat shall be resubmitted as a preliminary plat. One extension to the six (6) month period may be granted by the City Council.
4-7-120 COMPATIBILITY WITH EXISTING LAND USE AND PLAN – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. CONTINUITY WITH IMPROVED ADDITIONS:
No plan for the replatting, subdivision, or dedication of any areas shall be approved by the City Council unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway.
B. CONFORMITY WITH EXISTING PLANS:
The location of all streets shall conform to any adopted plans for streets in the City.
C. TRAILS PLANS:
If a subdivision is located in the area of an officially designed trail, provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes.
4-7-130 ENVIRONMENTAL CONSIDERATION – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. PURPOSE:
It is the purpose of this Section to provide for the protection of valuable, irreplaceable environmental amenities and to make urban development as compatible as possible with the ecological balance of the area. Goals are to preserve drainage patterns, protect groundwater supply, prevent erosion and to preserve trees and natural vegetation. This is beneficial to the City in lessening the costs of the development to the City as a whole, and to the subdivider in creating an attractive and healthy environment.
B. ACTION NOT A TAKING:
No action taken herein shall constitute a taking under the laws or constitution of the State or Federal government.
C. ENVIRONMENTAL CONSIDERATIONS:
A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-050J1a, without adequate area at lesser slopes upon which development may occur, shall not be approved. (Amd. Ord. 4835, 3-27-2000)
2. Native Growth Protection Area Easement and Minimum Lot Size: Native growth protection area easements may be included in the minimum lot size of lots created through the subdivision process; provided, that the area of the lot outside of the easement is sufficient to allow for adequate buildable area and yards. (Ord. 4835, 3-27-2000)
3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations.
4. Streams:
a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas.
b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed.
c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets.
d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. (Amd. Ord. 4835, 3-27-2000; Ord. 5304, 9-17-2007)
4-7-140 PARKS AND OPEN SPACE:
Approval of all subdivisions located in either single family residential or multi-family residential zones as defined in the Zoning Code shall be contingent upon the subdivider’s dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution.
4-7-150 STREETS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. RELATIONSHIP TO ADJOINING STREET SYSTEM:
The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Planning/Building/Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department.
B. STREET NAMES:
All proposed street names shall be approved by the City.
C. ARTERIALS, INTERSECTIONS:
Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum.
D. STREET ALIGNMENT:
The alignment of all streets shall be reviewed and approved by the Planning/Building/Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures.
E. STREET PATTERN:
1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any subdivision permitted by this Section.
2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-M and Policies CD-50 and CD-60.
3. Exceptions:
a. The grid pattern may be adjusted to a “flexible grid” by reducing the number of linkages or the alignment between roads, where the following factors are present on site:
i. Infeasible due to topographical/environmental constraints; and/or
ii. Substantial improvements are existing.
4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow future connectivity.
5. Alley Access: Alley access is the preferred street pattern. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible.
6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations.
7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically possible.
F. IMPROVEMENTS REQUIRED:
All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. (Ord. 4636, 9-23-1996; Ord. 5156, 9-26-2005)
G. ADJACENT TO UNPLATTED ACREAGE:
Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. (Ord. 5100, 11-1-2004)
4-7-160 RESIDENTIAL BLOCKS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. WIDTH:
Blocks shall be deep enough to allow two (2) tiers of lots, except where:
1. Abutting principal arterials defined in the Transportation Element of the Comprehensive Plan.
2. The location and extent of environmental constraints prevent a standard plat land configuration, including size and shape of the parcel.
3. Prior to approval of single-tier lot configuration based on exceptions 1 and 2, the proponent must demonstrate that a different layout or provisions of an alley system is not feasible.
B. WALKWAYS:
Where circumstances warrant, the Reviewing Official may require one or more public crosswalks or walkways of not less than six feet (6') in width dedicated to the City to extend entirely across the width of the block at locations deemed necessary. Such crosswalks or walkways shall be paved for their entire width and length with a permanent surface and shall be adequately lighted at the developer’s cost. (Ord. 5100, 11-1-2004)
4-7-170 RESIDENTIAL LOTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. ARRANGEMENT:
Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines.
B. ACCESS REQUIREMENTS:
Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards.
C. MINIMUM SIZE:
The size, shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. (Ord. 5153, 9-26-2005)
D. MINIMUM WIDTH:
Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35'). (Ord. 4522, 6-5-1995)
E. PROPERTY CORNERS AT INTERSECTIONS:
All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15').
F. PIPESTEM LOTS ALLOWED:
Pipestem lots may be permitted for new plats to achieve the minimum density within the Zoning Code when there is no other feasible alternative to achieving the minimum density.
1. Minimum Lot Size and Pipestem Width and Length: The pipestem shall not exceed one hundred fifty feet (150¢) in length and not be less than twenty feet (20¢) in width. The portion of the lot narrower than eighty percent (80%) of the minimum permitted width shall not be used for lot area calculations nor for measurement of required front yard setbacks. Land area included in private access easements shall not be included in lot area calculations. (Amd. Ord. 4751, 11-16-1998; Ord. 4999, 1-13-2003)
2. Shared Access Requirements: Abutting pipestem lots shall have a shared private access driveway. A restrictive covenant will be required on both parcels for maintenance of the pipestem driveway. Walkways shall be paved for their entire width and length with a permanent surface and shall be adequately lighted at the developer’s cost. (Amd. Ord. 4999, 1-13-2003; Ord. 5100, 11-1-2004; Ord. 5286, 5-14-2007)
4-7-180 INDUSTRIAL AND COMMERCIAL BLOCKS AND LOTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
The division of land for industrial and commercial purposes shall conform to the requirements and minimum standards of residential design except as provided in this Section.
A. PROPERTY CORNERS AT INTERSECTIONS:
All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of twenty five feet (25¢).
B. LOT ORIENTATION:
The size, shape and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated.
C. LOT ARRANGEMENT:
Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines.
4-7-190 PUBLIC USE AND SERVICE AREA – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
Due consideration shall be given by the subdivider to the allocation of adequately sized areas for public service usage.
A. EASEMENTS FOR UTILITIES:
Easements may be required for the maintenance and operation of utilities as specified by the Department.
B. COMMUNITY ASSETS:
Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. (Ord. 5100, 11-1-2004)
4-7-200 INSTALLATION OF UTILITIES – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. SANITARY SEWERS:
Unless septic tanks are specifically approved by the Planning/Building/Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8¢) into each lot if sanitary sewer mains are available, or provided with the subdivision development. (Ord. 5100, 11-1-2004)
B. STORM DRAINAGE:
An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full-width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat.
C. WATER SYSTEM:
The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements.
D. UNDERGROUND UTILITIES:
All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department.
E. CABLE TV CONDUITS:
Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed.
F. LATECOMER’S AGREEMENTS:
Where a development is required to construct utility improvements that may also be required by other developments or by future development of other parcels in the vicinity, then the developer may request establishment of a latecomer’s agreement to reimburse the developer for all initial costs of the improvements. The procedure to follow in making application for the latecomer’s agreement and the steps to be followed by the City are as detailed in chapter 9-5 RMC.
4-7-210 OTHER IMPROVEMENTS – GENERAL REQUIREMENTS AND MINIMUM STANDARDS:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards.
B. SURVEY:
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
4-7-220 HILLSIDE SUBDIVISIONS:
A. PURPOSE:
Because of their steeper slopes, the sites of hillside subdivisions ordinarily should have greater attention paid to the potential for drainage, erosion, and slope stability problems than other subdivisions.
B. PROCEDURE:
Any short plat or subdivision meeting the definition of a “hillside subdivision” shall follow the procedures established for subdivisions. Hillside subdivisions, including short plats, shall require the review and approval of the Hearing Examiner.
C. STANDARDS:
The following additional standards shall apply to hillside subdivisions:
1. Application Information: Information concerning the soils, geology, drainage patterns, and vegetation shall be presented in order to evaluate the drainage, erosion control and slope stability for site development of the proposed plat. The applicant must demonstrate that the development of the hillside subdivision will not result in soil erosion and sedimentation, landslide, slippage, excess surface water runoff, increased costs of building and maintaining roads and public facilities and increased need for emergency relief and rescue operations.
2. Grading: Detailed plans for any proposed cut and fill operations shall be submitted. These plans shall include the angle of slope, contours, compaction, and retaining walls.
3. Streets:
a. Streets may only have a grade exceeding fifteen percent (15%) if approved by the Department and the Fire Department.
b. Street widths may be less than those required in the street standards for streets with grades steeper than fifteen percent (15%) if parking prohibition on one or both sides of the street is approved by the Administrator.
4. Lots: Lots may be required to be larger than minimum lot sizes required by the Zoning Code. Generally, lots in steeper areas of the subdivision should be larger than those in less steep areas of the subdivision.
5. Erosion Control Requirements: Any clearing or grading shall be accompanied by erosion control measures as deemed necessary by the Department.
4-7-230 BINDING SITE PLANS:
A. PURPOSE AND INTENT:
The purpose of this Section is to allow for:
1. Optional Methods of Subdivision: To provide an optional process for the division of land classified for industrial, commercial, or mixed use zones CN, CV, CA, CD, CO, COR, UC-N1, UC-N2, IL, IM, and IH through a binding site plan as authorized in chapters 58.17 and 64.34 RCW. This method may be employed as an alternative to the subdivision and short subdivision procedures in this Chapter. (Ord. 5369, 4-14-2008)
2. Alternative Ownership Options or Alternative Standards: To allow for alternative ownership options and/or the ability to modify development standards that are otherwise required by the binding site plan process by allowing binding site plan application with a commercial condominium process pursuant to chapter 64.34 RCW, and/or planned urban development process pursuant to RMC 4-9-150.
3. Procedural Requirements: To specify the administrative requirements for the review and approval of binding site plans that are in addition to the procedural requirements of chapter 4-8 RMC and other applicable provisions of the City development regulations. (Ord. 5100, 11-1-2004; Ord. 5153, 9-26-2005)
B. APPLICABILITY:
1. All proposals for binding site plans shall be subject to the provisions of this Section. A binding site plan may be processed in one of thee ways:
a. Standard Binding Site Plan: A standard binding site plan creates or alters existing lot lines, subject to the development standards of the underlying zoning district.
b. Commercial Condominium with Binding Site Plan: Where the development standards of the underlying zoning district cannot be achieved through a binding site plan, a binding site plan with condominium ownerships allow for greater flexibility in the sale and lease of commercial and industrial sites. This alternative allows the site in question to be treated as a single lot when applying the development standard for the underlying zone.
c. Planned Urban Development with Binding Site Plan: Where the development standards of the underlying zoning district cannot be achieved through a binding site plan, a binding site plan merged with a planned urban development allows for greater flexibility in the lot and infrastructure layout and development of the binding site plan provided planned urban development criteria are met including provision of a public benefit.
2. A binding site plan may be reviewed and approved:
a. As a separate mechanism for the division of commercial and industrial land;
b. Merged with a site plan review under RMC 4-9-200, development agreement under the authority of RCW 36.70B.170, or both a site plan and development agreement per the criteria listed in this Section. A development agreement may include standards and decision criteria that apply to a binding site plan application in lieu of the standards and criteria contained in this Section. Per RCW 36.70B.170 through 36.70B.210, a development agreement shall not be more permissive than the development standards of the underlying zoning district or other applicable development standards.
c. Merged with a planned urban development per RMC 4-9-150.
d. Independently for pre-existing developed sites, concurrent with or subsequent to a site development permit application for undeveloped land, or concurrent with or subsequent to a building permit application. (Ord. 5153, 9-26-2005)
C. APPROVAL CRITERIA:
Approval of a binding site plan or a commercial condominium site shall take place only after the following criteria are met:
1. Legal Lots: The site that is subject to the binding site plan shall consist of one or more contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed in the applicable zoning district. New nonconforming lots shall not be created through the binding site plan process.
2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met, the binding site plan shall be processed as a commercial condominium site per subsection D of this Section or merged with a planned urban development application per RMC 4-9-150.
3. Commercial or Industrial Property: The site is located within a commercial, industrial, or mixed-use zone.
4. Zoning Code Requirements: Individual lots created through the binding site plan shall comply with all of the zoning code requirements and development standards of the underlying zoning district. Where minimum lot dimensions or setbacks cannot be met, the binding site plan shall be processed as a commercial condominium site per RMC 4-7-230D.
a. New Construction: The site shall be in conformance with the zoning code requirements and development standards of the underlying zoning district at the time the application is submitted.
b. Existing Development: If the site is nonconforming prior to a binding site plan application, the site shall be brought into conformance with the development standards of the underlying zoning district at the time the application is submitted. In situations where the site cannot be brought into conformance due to physical limitations or other circumstances, the binding site plan shall not make the site more nonconforming than at the time a completed application is submitted.
c. Under either new construction or existing development, applicants for binding site plan may proposed shared signage, parking, and access if they are specifically authorized per RMC 4-4-080E3, 4-4-080I7, and 4-4-100E5, and other shared improvements as authorized in other sections of the City’s development standards.
5. Building Code Requirements: All building code requirements have been met per RMC 4-5-010.
6. Infrastructure Provisions: Adequate provisions, either on the face of the binding site plan or in a supporting document, have been made for drainageways, alleys, streets, other public ways, water supplies, open space, solid waste, and sanitary wastes, for the entire property covered by the binding site plan.
7. Access to Public Rights-of-Way and Utilities: Each parcel created by the binding site plan shall have access to a public street, water supply, sanitary sewer, and utilities by means of direct access or access easement approved by the City.
8. Shared Conditions: The Administrator may authorize sharing of open space, parking, access, signage and other improvements among contiguous properties subject to the binding site plan and the provisions of RMC 4-4-080E3, 4-4-080I7, and 4-4-100E5. Conditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, signage and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar properly recorded mechanism.
9. Future Development: The binding site plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded binding site plan.
10. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the binding site plan.
11. Suitable Physical Characteristics: A proposed binding site plan may be denied because of flood, inundation, or wetland conditions, or construction of protective improvements may be required as condition of approval. (Ord. 5153, 9-26-2005)
D. ADDITIONAL CRITERIA FOR BINDING SITE PLANS PROPOSING COMMERCIAL CONDOMINIUM SITES OR MERGING WITH PLANNED URBAN DEVELOPMENT APPLICATION:
1. Condominium – Applicability: Where subdivision of a commercial or industrial site will result in individual lots which cannot meet the development standards of the underlying zoning district, the condominium option allows for the conversion of lease space to condominiums without further subdivision of land. These standards are in addition to the requirements of subsection C of this Section.
2. Condominium – Approval: Condominium developments are eligible for binding site plan approval, when the purpose of such approval is to divide the property so that the parcel or tract, or a portion thereof, can be subject to chapter 64.34 RCW (Condominium Act). A condominium can only be recorded either when the development has already been constructed to City standards established through a binding site plan or a building permit for new development has been issued. Binding site plans for condominiums sites shall be in conformance with chapter 64.34 RCW and RMC 4-9-040. The binding site plan shall also include conditions requiring that the condominium is recorded per the provisions of chapter 64.34 RCW.
3. Planned Urban Development: To allow for the ability to modify development standards that are otherwise required by the binding site plan process, a binding site plan application may be merged with a planned urban development application pursuant to RMC 4-9-150. (Ord. 5153, 9-26-2005)
E. APPLICATION REQUIREMENTS:
1. General Requirements: All applications for binding site plans must conform to the requirements of RMC 4-8-120. (Ord. 5153, 9-26-2005)
F. REQUIRED IMPROVEMENTS:
1. Improvements: The following tangible improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a binding site plan may be recorded: grading and paving of streets and alleys, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, together with all appurtenances thereto to specifications and standards of this Code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineering plans prepared per the City Drafting Standards.
2. Phasing of Improvements: To satisfy these requirements, the Administrator is authorized to impose conditions and limitations on the binding site plan. If the Administrator determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Administrator may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building’s certificate of occupancy, or in accordance with an approved phasing plan, or in accordance with plans established by a development agreement or as otherwise permitted or required under City Code. (Ord. 5153, 9-26-2005)
G. ACCESS REQUIREMENTS:
Access requirements and street design and development standards shall be provided in accordance with RMC 4-6-060, unless superseded by the terms of a development agreement as provided by subsection J of this Section, Merger with Development Agreement. New public roads shall be provided for lot access where determined by the Administrator to be reasonably necessary as a result of the proposed development or to make appropriate provisions for public roads. Establishment of public roads may also be proposed by the applicant. (Ord. 5153, 9-26-2005)
H. PERMIT PROCEDURES FOR BINDING SITE PLAN APPROVAL:
1. Permit Type: Binding site plans shall be processed as Type III permits in accordance with the procedures in chapter 4-8 RMC for Type III permits and the standards and criteria set forth in this Section, unless the applicant elects to merge the binding site plan application with the site plan review process or combined site plan/planned action review process in which case the binding site plan shall be processed in accordance with the procedures set out in chapters 4-8 and 4-9 RMC. If a binding site plan permit is processed concurrently, but not merged with another permit process, then the binding site plan application shall be processed as a Type III permit.
2. Review Authority: Pursuant to chapter 4-8 RMC, the Responsible Official for a binding site plan application shall be the Administrator, unless the applicant elects to have the binding site plan application merged with a Type VI permit site plan application or a development agreement under chapter 36.70B RCW. If a binding site plan application is to be processed with a Type VI site plan, then the responsible Reviewing Official shall be the Hearing Examiner. If a binding site plan application is to be processed with a development agreement, the responsible Reviewing Official shall be the City Council. The final decision on a development agreement with an application for a binding site plan shall be made by City Council. No administrative appeal of the City Council decision shall be available. If a binding site plan is merged with a planned urban development application, the review authority shall be determined pursuant to RMC 4-9-150. (Ord. 5153, 9-26-2005)
I. MERGER WITH SITE PLAN:
1. Review Standards for a Previously Approved Site Plan: If a previously approved site plan is submitted in conjunction with an application for binding site plan approval, the conditions and limitations imposed by the Administrator may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of development permit review, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.
2. Review Standards for Concurrent Site Plan Application: When a binding site plan is being considered concurrently with another land development application, the Administrator will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of development permit review, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.
J. MERGER WITH DEVELOPMENT AGREEMENT:
If a binding site plan is merged with a development agreement, in the event of a conflict between the terms of the development agreement and this Section, the terms of the development agreement shall control. Per RCW 36.70B.170 through 36.70B.210, a development agreement shall not be more permissive than the applicable development standards. (Ord. 5153, 9-26-2005)
K. REVIEW AUTHORITY DECISION:
1. Action: The responsible Reviewing Official shall review and act upon binding site plans based upon the general criteria in this Section and other criteria applicable to the site plan or development agreement with which the applicant elects to merge the binding site plan application. Every decision made under this Section shall include findings of fact and conclusions to support the decision.
2. Approval: If the Reviewing Official finds the proposed binding site plan is in conformance to the standards and requirements of this Section, then it shall be approved.
3. Approval with Modifications: If modification(s) are deemed necessary by the Reviewing Official, then they may be added to the binding site plan or a revised binding site plan may be required. The applicant shall be notified of any such modification action.
4. Referral to the Hearing Examiner: Except when a binding site plan is merged with a development agreement, if the Administrator determines that there are sufficient concerns by residents in the area of the binding site plan, or by City staff, to warrant a public hearing, then he/she shall refer the binding site plan to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing will be given as for a Type VI permit hearing. Binding site plans merged with development agreements shall be approved by City Council pursuant to the requirements of RCW 36.70B.170 et seq.
5. Denial: If the binding site plan is denied by the Reviewing Official, the applicant shall be notified in writing of the decision, stating the reasons therefor.
6. Reconsideration: Any party may request that an application, on which the Reviewing Official has made a decision, be reopened by the Reviewing Official if it is found that new information that was not previously available has come to light that might affect the action taken by the Reviewing Official. Requests for reconsideration must be filed within fourteen (14) days of the date of the decision. (Ord. 5153, 9-26-2005)
L. RIGHT-OF-WAY DEDICATION:
Where dedication of right-of-way is required for the approved binding site plan or proposed by the applicant, the dedication shall require separate approval by City Council prior to recording of the binding site plan with record of survey. The dedication shall be effective upon recording of the binding site plan with record of survey.
M. SURVEY AND RECORDING:
Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. In addition to the requirements of RMC 4-8-120C, surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information.
1. Administrator Approval: The binding site plan must be signed by the Administrator before it is filed. The final approved binding site plan shall remain with the City until such time as the applicant requests that the binding site plan be recorded.
2. Filing by City Clerk: The approved binding site plan will be sent to the City Clerk by the Department when the binding site plan is final and all prerequisites to filing have been completed. The binding site plan shall be filed by the City Clerk for record in the office of the King County Auditor and shall not be deemed approved until so filed.
N. BINDING EFFECT:
1. Vesting: Upon filing of a complete application for a binding site plan, the application shall be considered under the binding site plan ordinance, the zoning, and other development regulations in effect on the date of application for the land uses and development identified in the binding site plan application or identified in a complete site plan review application filed in conjunction with or processed concurrently with a binding site plan application.
2. Legal Lots: Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record.
3. Enforceable: Approved binding site plans shall be enforceable by the City. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the binding site plan. The binding site plan shall include a provision requiring that any subsequent development of the site shall be in conformance with the approved 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 Section, shall be a nuisance and may be subject to an injunction action in Superior Court or such other remedies provided by City Code. (Ord. 5153, 9-26-2005)
O. EXPIRATION AND EXTENSION:
1. Expiration Period: For binding site plans not merged with a site plan or development agreement, the approval shall lapse unless submitted for recording within five (5) years of the binding site plan approval.
2. Expiration Period for Merged Approvals: For binding site plans approved as part of merged application with a site plan or development agreement, the binding site plan shall lapse when the site plan or development agreement expires unless submitted for recording prior to the date of expiration for the merged application.
3. Extension of Expiration Period: Additional time extensions beyond the five (5) year time period may be granted by the Administrator if the applicant can show need caused by unusual circumstances or situations which make it unduly burdensome to file the binding site plan within the five (5) year time period. The applicant must file a written request with the Administrator for this additional time extension; this request must be filed at least thirty (30) days prior to the expiration date. The request must include documentation as to the need for the additional time period. Additional time extensions may be granted in not greater than one year increments, up to a maximum of two (2) years.
4. Extension of Expiration Period for Phased Projects: In the case of a phased binding site plan, submittal for recording of any phase of the binding site plan will constitute an automatic one year extension for the submittal of the next phase of the binding site plan.
P. APPEALS:
See RMC 4-8-110H.
Q. ALTERATION OR VACATION:
1. Alteration: Alteration of an approved binding site plan, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new binding site plan application as set forth in this Section; provided, that only owners of lots within the binding site plan that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If a binding site plan application was approved as part of a development agreement approval process as provided in subsection H2 of this Section or if property subject to a binding site plan approval is the subject of a development agreement, the alteration of the approved binding site plan shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording, shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement.
2. Vacation: Vacation of a recorded binding site plan shall be accomplished by following the same procedures required for a new binding site plan application as set forth in this Section. If a portion of a binding site plan is vacated, the property subject to the vacation shall constitute one lot, and the balance of the approved binding site plan shall remain as approved. If a binding site plan application was approved as part of a development agreement approval process or if property subject to a binding site plan approval is the subject of a development agreement, the vacation of the approved binding site plan, whether total or partial, shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. (Ord. 4954, 2-11-2002)
4-7-240 VARIANCES:
A. AUTHORITY:
A variance from the requirements of this Chapter may be approved by the Hearing Examiner for a short plat, or a variance for a full subdivision recommended to and approved by the City Council, pursuant to RMC 4-9-250B. (Amd. Ord. 4954, 2-11-2002)
4-7-250 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1-3-1. (Ord. 4522, 6-5-1995; Amd. Ord. 4856, 8-21-2000; Ord. 4954, 2-11-2002; Ord. 5159, 10-17-2005)
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