Chapter 14.49
BINDING SITE PLANS
Sections:
14.49.010 Purpose.
14.49.020 Authority.
14.49.030 Applicability.
14.49.040 Application.
14.49.050 Design Review Meeting.
14.49.060 Administrative Decision.
14.49.065 Preliminary Approval – Limitations.
14.49.070 Final Plan Approval and Recording.
14.49.080 Administrative Approval of Individual Lots.
14.49.090 Vacation or Alteration of a Recorded Binding Site Plan.
14.49.100 Appeals.
14.49.010 Purpose.
The purpose of this chapter is to provide a process for the division of land for the purpose of sale, lease or transfer of commercial or industrial lots, as an alternative to the subdivision process.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.020 Authority.
RCW 58.17.035 and 50.17.040(4) provide for a binding site plan process as an alternate method of dividing land for commercial or industrial land.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.030 Applicability.
This chapter shall apply solely for the sale, lease, or transfer of lots zoned small convenience center, large convenience center, central business, central business support, light industrial, and heavy industrial under the Yakima Urban Area Zoning Ordinance, Title 15A, Yakima County Code, and lots zoned commercial, tourist commercial, highway commercial, light industrial and industrial under the Yakima County Zoning Ordinance, Title 15, Yakima County Code.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.040 Application.
Twenty copies of a preliminary binding site plan shall be submitted to the planning department together with the fee set forth in the adopted fee schedule, set out at Section 20.00.010(A)(l), and must include the following in order to be considered a completed application:
(1) The proposed site plan prepared by a licensed architect, engineer, or registered land surveyor, that is of a scale of at least one inch equals 200 feet.
(2) All existing and proposed easements and public and/or private roads; all existing structures; elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding three percent and approximate location of all natural features.
(3) The location, description, and proposed phasing of all facilities proposed to serve the development:
(a) Interior and exterior roadway network;
(b) Water and sewerage facilities;
(c) Stormwater drainage facilities;
(d) Sidewalks and streetlights;
(e) Fire protection devices, with sufficient water storage and flows;
(f) Facilities to address compatibility with adjacent dissimilar land uses;
(g) Any lot(s) to be created as a part of the original binding site plan.
(4) A current title report covering the entire property included in the site plan.
(5) Provisions for long-term maintenance, with adequate financing for areas and facilities under common ownership.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.050 Design Review Meeting.
To insure that agency requirements are properly addressed, upon receipt of a fully completed binding site plan application, the planning department shall schedule a design review meeting and circulate a copy of the plan to all affected agencies, together with the time and date of the meeting. This meeting will be scheduled within twenty days of receipt of said application.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.060 Administrative Decision.
The administrator shall review the binding site plan for compliance with the provisions of this chapter and all other land use regulations in effect at the time of submission of a fully completed binding site plan application. If all requirements for approval are met, the administrator shall provide written findings of facts supporting the approval of the preliminary binding site plan, and set forth all conditions for final binding site plan approval.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.065 Preliminary Approval – Limitations.
The approval of a preliminary binding site plan by the administrator authorizes the applicant to prepare the final site plan and develop the required improvements and facilities in accordance with conditions of approval. No sale, lease or transfer of any lot proposed by the site plan shall occur until a final binding site plan is approved and recorded with the county auditor. The final site plan shall be submitted within four years of the date of preliminary approval.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.070 Final Plan Approval and Recording.
When all conditions of preliminary binding site plan approval are met, the developer shall submit the final binding site plan, together with the fee set forth in the adopted fee schedule, to the planning department for processing and recording. The final binding site plan must include the following:
(1) A complete survey of the entire property and the initial lots to be created, if any, including the legal description, north arrow, scale, surveyor’s certificate, etc.;
(2) The acknowledged signatures of all parties having an ownership interest in the property;
(3) The signature of the county engineer, the administrator, and the county treasurer;
(4) Auditor’s certificate;
(5) Written documentation that all requirements for preliminary binding site plan approval are met, including the completion of all required infrastructure/improvements.
Once all the above requirements are met, the planning department shall file the final binding site plan with the county auditor.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.080 Administrative Approval of Individual Lots.
Once the final binding site plan is recorded, the creation of individual lot(s), other than lots established by the recorded binding site plan, may be administratively approved through the qualified exemption process set forth in Section 14.04.070 of this code. Once a completed binding site plan exemption application is submitted together with the fee set forth in the adopted fee schedule, it will be reviewed by the planning and public works departments, and any other agency with jurisdiction for compliance with this chapter. The application must include the following:
(1) The proposed lot(s) created must be surveyed by a registered land surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (RCW Chapter 58.09). All parties having an ownership interest in the property shall sign the exemption application and the survey;
(2) The lot(s) to be created meets the requirements set forth in the recorded final binding site plan;
(3) The lot(s) meets the minimum lot size in the zoning district.
When the exemption application is approved, the survey containing the above information must be recorded with the county auditor’s office prior to the sale, lease or transfer of any lot.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.090 Vacation or Alteration of a Recorded Binding Site Plan.
Whenever any person is interested in the vacation or alteration of a recorded binding site plan, the procedures set forth in Sections 14.49.040 through 14.49.070 of this chapter shall be followed, except that this section does not apply to the creation of lots under Section 14.49.080 of this chapter.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).
14.49.100 Appeals.
Any decision of the administrator may be appealed in writing to the county board of county commissioners within ten calendar days of the date of the decision. The appeal, together with the filing fee set forth in the adopted fee schedule, shall be filed with the county planning department. Standing to appeal the action of the administrator is limited to the applicant or owner of the property in which the site plan is proposed, or any person aggrieved by the decision of the administrator and who will suffer direct and substantial impacts from the proposed binding site plan. The appeal shall be processed according to the procedures established by Section 14.12.070(3) regarding short plat appeal. The board of county commissioners, in considering any such appeal, shall have the full discretion and powers conferred on the administrator by this chapter and may affirm, reverse, or modify the administrator’s decision.
(Ord. 5-1995 §1(part), 1995: Ord. 10-1974 (part), 1974).