Chapter 15.260
SUBDIVISIONS

Sections:

15.260.010    Citation of chapter.

15.260.020    Purpose.

15.260.030    Subdivision categories.

15.260.040    Exemptions.

15.260.050    Boundary line adjustment – Review procedures and criteria.

15.260.060    Preliminary subdivision (long plat) – Review procedures and criteria.

15.260.070    Preliminary subdivision – Required minimum improvement standards.

15.260.080    Phasing of subdivision.

15.260.090    Installation of improvements.

15.260.100    Final subdivision application review procedures and criteria.

15.260.110    Changes to approved preliminary and final subdivisions.

15.260.120    Short subdivision plat (sometimes referred to as short plats) – Review procedures and criteria.

15.260.130    Preliminary short subdivision – Required minimum improvement standards.

15.260.140    Final short subdivision application review procedures and criteria.

15.260.150    Short subdivision final plat – Certifications and filing.

15.260.160    Short subdivision final approval – Prohibition on further division.

15.260.170    Changes to approved preliminary and final short subdivisions.

15.260.180    Binding site plan review procedures and criteria.

15.260.010 Citation of chapter.

This chapter may be cited as the city of Ellensburg subdivision ordinance and shall supplement and implement the state regulations of plats, subdivisions and dedications. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.020 Purpose.

Subdivision is a mechanism by which to divide land into lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of sale. The purpose of this title is to:

A.    Establish the authority and procedures for segregating land in Ellensburg.

B.    Define and regulate divisions of land that are exempt from the short subdivision or subdivision requirements.

C.    Ensure consistency with and implement the Ellensburg comprehensive plan as amended in accordance with the Washington State Growth Management Act, RCW 36.70A.120.

D.    Require uniform monumenting of land subdivisions and conveyance by accurate legal description.

E.    Protect and preserve the public health, safety and general welfare in accordance with the standards established by Ellensburg and the state of Washington.

F.    Ensure consistency with Chapter 58.17 RCW. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.030 Subdivision categories.

A.    Boundary Line Adjustment. A minor reorientation of a lot line between existing lots to correct an encroachment by a structure or improvement to more logically follow topography or other natural features, or for other good cause, which results in no more lots than existed before the boundary line adjustment. A boundary line adjustment may also include an extinguishment of an existing lot line resulting in the merger of two or more lots into a single lot of record.

B.    Short Subdivision. A subdivision of nine or fewer lots.

C.    Subdivision (Sometimes Referred to as a Long Plat). A subdivision of 10 or more lots.

D.    Binding Site Plan. A land division for commercial, industrial, mixed use master planned developments, and condominium ownership. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.040 Exemptions.

Consistent with RCW 58.17.040, the subdivision and short subdivision provisions of this chapter shall not apply to:

A.    Divisions of lands for cemeteries and other burial plots while used for that purpose;

B.    Divisions of land made by testamentary provisions or laws of descent;

C.    Divisions of land into lots or tracts consistent with RCW 58.17.040(7), for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this title;

D.    An adjustment of boundary lines made in accordance with the provisions of this title;

E.    Divisions of land for the purpose of lease when no residential structures other than mobile homes or manufactured homes are permitted to be placed upon the land and for which a binding site plan for the use of the land as a manufactured home park has been approved by the director;

F.    Divisions of land by binding site plan into lots or tracts classified for industrial or commercial use consistent with the binding site plan provisions of this title; or

G.    A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. [Ord. 4807 § 30, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.050 Boundary line adjustment – Review procedures and criteria.

A.    Procedures. Adjustments of property boundary lines are subject to the Type I review process as set forth in Chapter 15.210 ECC. Applications shall be reviewed by the director and certified as meeting the requirements of this section within 30 calendar days of the determination that the application is complete.

B.    Application Contents. Applications for a boundary line adjustment shall contain the following:

1.    The minimum application requirements set forth in ECC 15.220.020 and a completed boundary line adjustment application form provided by the department, which shall include the signatures of all owners of interest in the land involved in the boundary line adjustment;

2.    Payment of the application fee in the amount established in the city’s adopted fee schedule;

3.    Three copies of an accurate preliminary map drawn to scale;

4.    A current title report showing ownership and legal description of all parcels involved in the boundary line adjustment;

5.    The existing and proposed dimensions and area of the lots involved in the boundary line adjustment;

6.    Legal descriptions of the existing lot lines and the proposed lot lines after the adjustment, as prepared by a professional land surveyor licensed in the state of Washington.

C.    Decision Criteria. The director shall approve an application for a boundary line adjustment if it is determined that:

1.    No additional lot, tract, parcel, site or division will be created by the proposed adjustment;

2.    No lot is modified which contains insufficient area and dimensions to meet the minimum requirements of the zone in which the affected lots are situated. Where a lot is located within a zone that does not provide for a minimum area or dimension, no lot or tract is modified which contains insufficient area for a building site.

For the purposes of this chapter, a “building site” means the lot or property contains sufficient area and dimension to accommodate a development capable of housing the type of uses established within Division III for the underlying zoning classification;

3.    No lot is modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement or tract in favor of the public is rendered impractical to serve its purpose;

4.    The boundary line adjustment is consistent with the applicable provisions of the city’s zoning code;

5.    No lot is modified which is inconsistent with an applicable requirement or condition of a previous land use action, subdivision, or short subdivision;

6.    No lot, use, or structure is made nonconforming or more nonconforming than that which existed at the time of application; and

7.    No lot is modified in a manner that circumvents a zoning regulation which would otherwise be applicable to any lot affected by the boundary line adjustment.

D.    Minimum Improvements. Boundary line adjustments shall not be subject to any minimum improvements as outlined in ECC 15.260.060(F).

E.    Final Decision. If the director determines that all the above criteria are met, he or she shall issue a notice of approval decision. If the director determines one or more of the above criteria are not met, he or she shall send a letter to the applicant listing those criteria that are not met in the proposed boundary adjustment.

F.    Recording. Upon approval, prior to recording the boundary adjustment, the following must be submitted to the community development department for review.

G.    Requirements for Final Boundary Map. Once the boundary line adjustment has been approved by the director:

1.    Survey of the Boundary Line Adjustment. A final boundary map shall be prepared by a land surveyor licensed in the state of Washington at a scale of 100 feet to the inch, or larger, which shall contain the following:

a.    Company name, address and phone number of the land surveyor;

b.    City file number;

c.    Date prepared;

d.    Sheet number and number of sheets;

e.    Certification by the licensed land surveyor with stamp and signature;

f.    Lot numbers;

g.    Monuments at all new lot corners, angle points, and intersections with old lines;

h.    North arrow;

i.    Legend of symbols used;

j.    Basis of bearings;

k.    All dimensions to hundredths of a foot;

l.    All existing easements and tracts shown;

m.    Existing lot lines to be adjusted, shown as dashed lines; and

n.    The final legal descriptions as prepared by the licensed land surveyor, together with lot closures for each lot.

2.    The applicant will be responsible for recording the boundary line adjustment within 10 working days after the appeal period has expired, including an exhibit that corresponds to the drawing approved by the city, with the Kittitas County auditor’s office. A copy of the recorded documents must be returned to the planning department within 10 calendar days of such recording. [Ord. 4807 § 31, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.060 Preliminary subdivision (long plat) – Review procedures and criteria.

A.    Procedures.

1.    Land subdivisions that create 10 or more lots (sometimes referred to as long plats) are subject to the Type IV review process as set forth in Chapter 15.210 ECC.

2.    Time Limits. Subdivisions that are granted preliminary approval shall be effective for a period set forth in RCW 58.17.140, during which time the final subdivision application shall be submitted for approval and recording.

The city shall make a decision on approval or denial of a preliminary subdivision application within 90 calendar days of the determination that the application is complete.

B.    Application Contents. Applications for a preliminary subdivision shall contain the following:

1.    The minimum application requirements set forth in ECC 15.220.020 and a completed subdivision application form provided by the department, which shall include the signatures of all owners of interest in the land involved in the preliminary subdivision;

2.    Payment of the application fee in the amount established in the city’s adopted fee schedule;

3.    A completed SEPA checklist and payment of the SEPA application fee;

4.    A completed critical area information form or critical area report pursuant to Division VI, if applicable;

5.    A title report of the property to be subdivided;

6.    A recorded copy of the deed for the property to be subdivided;

7.    Copies of all existing or proposed restrictive covenants involving the land within the proposed subdivision;

8.    Names and addresses of the owner(s) of the property to be subdivided and of any person or entity holding an interest in the property as identified on the title report in subsection (B)(5) of this section;

9.    Names and addresses of all property owners within 300 feet of the boundaries of the proposed subdivision as those names appear on the records of the Kittitas County assessor;

10.    The preliminary subdivision plat drawing which shall comply with all general drafting standards and Tier 3 drafting guidelines required by the city’s public works development standards (Section 5, Drafting Standards). Five copies of the drawing shall be provided with the application, along with an electronic copy on CD media in a format readable by the city’s current version of AutoCAD, and one reduced copy not to exceed 11 inches by 17 inches. In addition to the drafting standards set forth in the city’s public works development standards, such drawing shall clearly show the following:

a.    Vicinity sketch showing the parcel boundaries and the major street system, with street names, within a one-quarter-mile radius;

b.    Zoning of the property proposed for subdivision;

c.    Location and size of existing and proposed utilities, railroads, and irrigation rights-of-way on the property proposed for subdivision;

d.    Plan view of proposed streets, their names and widths, pedestrian ways, all utilities and easements;

e.    Location and size of all proposed ditches, culverts, catch basins, detention or retention ponds or other parts of the design for the control of surface water drainage;

f.    Approximate boundaries of all areas subject to irrigation or stormwater overflow;

g.    Location, width and direction of flow of all watercourses on the site; and

h.    Location and identification of all critical areas, including associated buffers, on the property proposed for subdivision or on adjacent properties, as required by Division VI;

11.    Preliminary grading plan pursuant to public works and utilities department requirements;

12.    Preliminary stormwater plan pursuant to public works and utilities department requirements;

13.    Preliminary landscaping plan pursuant to Divisions IV and V of this title;

14.    A narrative addressing ownership and maintenance of open spaces, stormwater facilities, public trails and critical areas, and the applicable approval criteria and standards of the Ellensburg Municipal Code. It should also address any proposed building conditions or restrictions;

15.    Transportation study, if required by the public works and utilities department;

16.    Location of any proposed building envelopes on the lots being created; and

17.    Any other information in the opinion of the director which is necessary to determine if the proposed subdivision makes appropriate provisions for physical problems or hazards involving public health, safety and/or welfare.

C.    Referral to City Departments and Other Agencies for Comments. The community development department shall distribute one copy of the preliminary subdivision application to the public works and utilities department, building department, fire marshal, and any public agency that may be affected by the proposed preliminary subdivision.

Whenever the property proposed to be subdivided is located within one-half mile of the corporate limits of the unincorporated county, a copy of the proposed preliminary subdivision application shall be distributed to the respective jurisdiction.

The community development department will transmit any department or agency review materials to the hearing examiner as part of the staff report on the application.

D.    Hearing Examiner Recommendation. The hearing examiner shall be responsible for holding an open record public hearing pursuant to procedures established in Chapter 15.210 ECC to review the proposed preliminary subdivision application together with accompanying materials and documents, land use applications, staff reports and public testimony. Based on the comments and testimony established at the public hearing, the hearing examiner shall make a recommendation on the preliminary subdivision application and any other related land use applications to the city council or return the preliminary subdivision application to the applicant with a request for additional information. If the hearing examiner makes a recommendation, such recommendation shall be for approval, disapproval, or approval with conditions. In recommending any proposed preliminary subdivision, the hearing examiner shall propose written findings of fact and conclusions of law to the city council which shall state fully the reasons for the recommendation.

E.    City Council Action.

1.    The hearing examiner recommendation, findings and all supporting documents shall be forwarded to the city council. The community development department shall set a date and time for a public hearing before the city council to review the recommendation of the hearing examiner in a closed record hearing at which no new testimony or information may be presented. The city council shall then make its own decision supported by written findings of fact and conclusions of law and approve, approve with conditions, or disapprove the preliminary subdivision application.

2.    Prior to making a decision the city council may refer the preliminary subdivision application back to the hearing examiner for further consideration or may require the applicant to modify the preliminary subdivision application, or require more information to be submitted.

F.    Decision Criteria. The city may approve, approve with conditions, or deny a preliminary subdivision application based on conformance with the following decision criteria:

1.    The preliminary subdivision conforms to all applicable zoning standards of the city as set forth in the LDC, including the building setback and intensity standards in Chapter 15.320 ECC, the streetscape design standards in Chapter 15.410 ECC, the subdivision design standards in Chapter 15.420 ECC, the project design standards in Division V, and the public works development standards;

2.    All lots within the preliminary subdivision are provided with satisfactory access established consistent with the requirements of the public works development standards, ECC Title 4, Public Works, the streetscape design standards and subdivision design and block standards in Division IV, and the project design standards in Division V;

3.    All lots within the preliminary subdivision are provided with adequate provisions for water supplies, sanitary wastewater facilities, and storm drainage and surface water facilities consistent with the requirements of the public works development standards and ECC Title 9, Utilities;

4.    All lots within the preliminary subdivision are provided with adequate provisions for electric service, and for natural gas service if applicable, consistent with the requirements of the city’s public works and utilities department design standards and with ECC Title 9, Utilities;

5.    The preliminary subdivision conforms to all applicable critical areas standards set forth in Division VI; and

6.    The preliminary subdivision makes appropriate provisions for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, natural gas mains and services, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. [Ord. 4807 § 32, 2018; Ord. 4804 §§ 1, 3, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.070 Preliminary subdivision – Required minimum improvement standards.

A.    Public Works Improvements. In order to meet the public interest, the following minimum public works improvements shall be required and shall be constructed in accordance with the public works development standards and other city utility standards:

1.    Installation of concrete curbs and gutters according to the public works development standards;

2.    Construction of streets in accordance with the public works development standards;

3.    Installation of monuments and monument cases in accordance with the public works development standards;

4.    Installation of storm drainage system including inlet, pipe, manholes, detention or retention facilities if deemed necessary, all in accordance with the public works development standards;

5.    Installation of iron pipe or reinforcing rods at the corners of all lots, plots or tracts in accordance with the public works development standards;

6.    Construction of sidewalks on abutting sides of all public streets in accordance with the public works development standards; and

7.    Installation of water and sewer mains, water service lines and side sewers to serve each lot platted in accordance with the public works development standards.

B.    Public Utility Improvements. In order to meet the public interest, the following minimum public electric utility improvements, and public natural gas utility improvements, if applicable, shall be required to be constructed within the subdivision and shall be constructed in accordance with the public works development standards and the public works and utilities department development standards:

1.    Installation of underground ducts, manholes and vaults to accommodate the electrical distribution system within the subdivision;

2.    Trenching and installation of all necessary public facilities for natural gas distribution within the subdivision; and

3.    Communication and television signal service facilities with ducting provided for communication and television service at the right-of-way crossings through a minimum two-inch PVC duct type unless otherwise required by the city based on recommendation from the respective utility. [Ord. 4804 § 1, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.080 Phasing of subdivision.

A subdivision may be developed and recorded as final in phases. Any phasing proposal shall be submitted for review at any time prior to final subdivision application. Approval of the phasing plan shall be based on making the following findings:

A.    The phasing plan includes all land contained within the approved preliminary subdivision, including areas where off-site improvements are being made;

B.    The sequence and timing of development is identified on a phasing map;

C.    Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any city codes;

D.    Each phase provides adequate circulation and utilities;

E.    Specific public improvements that are necessary for the entire development may be required to be completed with the first phase, regardless of phase design or completion schedule of future phases, such as but not limited to stormwater facilities which may be designed to be located in a subsequent phase but that are necessary to be developed in the first phase in order to ensure the facility essential to all of the subdivision is developed even if subsequent phases are never completed; and

F.    Any approved phase of a preliminary subdivision that has not been completed and recorded as final by the city prior to the lapse of the preliminary subdivision approval as set forth in ECC 15.260.060(A)(2) will be deemed to have lapsed with that preliminary subdivision. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.090 Installation of improvements.

A.    An approved preliminary subdivision shall not be filed for record as a final subdivision until the applicant has constructed or bonded for all improvements required by the city in the final decision on the preliminary subdivision application.

B.    Timing and Inspection Fee. The applicant shall not begin installation of improvements in an approved preliminary subdivision application until the director and the city engineer have approved the improvement plans, the director and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid all inspection fees.

C.    Acceptance – Maintenance Bond. The director shall not accept the improvements for the city of Ellensburg until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety to guarantee against defects of workmanship and materials for two years from the date of acceptance. (See Section 9, public works development standards.) [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.100 Final subdivision application review procedures and criteria.

A.    Procedures. Final subdivision applications are subject to the Type I review process as set forth in Chapter 15.210 ECC, with exceptions provided herein.

B.    Application Contents. Applications for a final subdivision shall contain the following:

1.    The minimum application requirements set forth in ECC 15.220.020 and a completed final subdivision application form provided by the department, which shall include the signatures of all owners of interest in the land involved in the subdivision application as verified by the title report in subsection (B)(4) of this section;

2.    A final subdivision plat drawing on mylar or other reproducible material which shall comply with all general drafting standards and Tier 3 drafting guidelines required by the city’s public works development standards (Section 5, Drafting Standards). Three copies of the drawing shall be provided with the application, along with an electronic copy on CD media in a format readable by the city’s current version of AutoCAD, and one reduced copy not to exceed 11 inches by 17 inches. In addition to meeting the drafting standards set forth in the city’s public works development standards, such drawing shall clearly show the following:

a.    Name of the owner(s) of the property being subdivided and mortgagee(s) of said property, if any;

b.    Legal description of the property;

c.    Boundary and lot lines, lot dimensions, lot area in square feet, and lot and block numbers;

d.    Name and official seal of the licensed professional surveyor preparing the final subdivision plat certifying that the plat is a true and accurate survey;

e.    Date, scale and north arrow;

f.    Location of rights-of-way and easements, with easement purpose identified;

g.    Statements of approval and places for signatures for the city engineer, city public works and utilities director, community development director, the mayor of the city of Ellensburg, irrigation water district representative if applicable, and the county auditor;

h.    A certification signed by the county treasurer’s office that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid; and

i.    A notarized acknowledgment by the owner(s) and mortgagee(s), if any, of the approval of the final subdivision plat and the dedication of streets and other public places;

3.    Engineered design drawings for all required minimum improvements as shown on the approved preliminary subdivision plat drawing, which drawings shall meet the requirements of the public works development standards, and be approved by the city engineer prior to filing of the final subdivision application;

4.    A title report of the property to be subdivided if the final subdivision application is not submitted to the administrator for review within 120 calendar days of the approval of the preliminary subdivision application; and

5.    If required public improvements are not to be installed prior to final subdivision application and will be bonded for instead, a subdivision improvements agreement shall be submitted including the following:

a.    Public improvements to be provided in the subdivision as shown on the approved engineering design drawings;

b.    Estimated cost of constructing said public improvements;

c.    Phases of development of the subdivision, if phasing was provided for and approved in the preliminary subdivision approval, and completion dates for said phases;

d.    Provisions for the dedication of park land or payment of fees in lieu of such land if applicable;

e.    A bond guaranteeing the installation of the public improvements which shall meet the requirements of the public works development standards and be approved and accepted by the city engineer; and

f.    In lieu of a bond the applicant may fulfill the public improvements requirement by actually installing the improvements required in the preliminary subdivision approval under the direction of the city engineer.

6.    A copy of any deeds, covenants, conditions, or restrictions together with a copy of the documents which establish and govern any homeowners’ association which may be required.

C.    Recommendations as Prerequisites for Final Subdivision Approval. Each preliminary subdivision submitted for final approval shall be accompanied by the following recommendations:

1.    Director’s recommendation as to compliance with the terms of preliminary approval of the proposed subdivision; and

2.    City engineer’s recommendation as to compliance with the terms of preliminary approval of the proposed subdivision.

Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (C)(1) and (2) of this section shall not modify the terms of its recommendations without the consent of the applicant.

D.    Decision Criteria. A final subdivision application shall be approved if the subdivision proposed for approval:

1.    Conforms to all of the preliminary subdivision terms and conditions of approval; and

2.    Meets all other applicable final subdivision requirements as set forth in Chapter 58.17 RCW, other applicable state laws, this chapter, and any other applicable city ordinances which were in effect at the time of preliminary subdivision approval.

3.    Approval and Inscription. The city council shall make written findings of fact relating to its decision on the final subdivision application. If the decision is to approve the final subdivision application, a specific written finding of fact shall also be made that:

a.    Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, natural gas mains and services, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

b.    The public use and interest will be served by the approval of such subdivision and dedication.

4.    Upon approval of the final subdivision, the city council shall authorize the mayor to suitably inscribe and execute council’s written approval on the face of the final subdivision plat drawing.

E.    Effect of Final Subdivision Approval. Any lots in a final subdivision filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final subdivision, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

F.    Time Frame for Approval. The final subdivision application, or portion thereof, shall be approved, disapproved, or returned to the applicant by the city within 30 calendar days of the determination that the application is complete.

G.    Recording. The final subdivision plat, in the form specified in this chapter, shall be recorded by the director with the Kittitas County auditor within 10 working days after the appeal period has expired and shall be recorded in the presence of the applicant and with the cost of recording paid by the applicant. [Ord. 4807 § 33, 2018; Ord. 4804 § 2, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.110 Changes to approved preliminary and final subdivisions.

A.    Preliminary Subdivision. The director may approve minor changes to an approved preliminary subdivision, or its conditions of approval upon written request of the applicant, subject to the Type I review process as set forth in Chapter 15.210 ECC, with exceptions as provided herein.

1.    Decision Criteria. The proposed changes shall not conflict with the preliminary approval conditions, will not increase the number of lots, and will not conflict with any applicable city standards. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new preliminary subdivision application.

B.    Subdivision Plat Vacation. A subdivision plat vacation is a Type IV application, and shall be processed in accordance with procedures for such applications as set forth in ECC 15.210.050(D).

1.    Application Contents. In addition to the minimum application requirements set forth in ECC 15.220.020, a subdivision plat vacation application shall contain the following:

a.    The reasons for the proposed vacation;

b.    Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

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

d.    A copy of the approved subdivision plat drawing sought to be vacated, together with all subdivision plat drawing amendments recorded since the date of the original approval;

e.    Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property.

2.    Criteria for Approval of a Subdivision Plat Vacation. The subdivision plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council shall set forth findings that the public use would not be served in retaining title to those lands.

a.    Vacation of Streets. When the vacation application is specifically for a city street vacation, the city’s street vacation procedures shall be utilized. When the application is for the vacation of a subdivision plat together with the streets, the procedure for vacation in this section shall be used. However, vacations of streets may not be made that are prohibited under Chapter 35.70 RCW or the city’s street vacation ordinance.

b.    Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the subdivision plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.

C.    Subdivision Plat Alteration. A subdivision plat alteration is a Type IV application, and shall be processed in accordance with procedures for such applications as set forth in ECC 15.210.050(D).

1.    Application Contents. These requirements are in addition to the minimum application requirements in ECC 15.220.020.

a.    The reasons for the subdivision plat alteration;

b.    Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;

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

d.    A copy of the approved subdivision plat drawing sought to be altered, together with all subdivision plat amendments recorded since the date of the original approval; and

e.    Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property.

2.    Criteria for Approval of a Subdivision Plat Alteration.

a.    The plat alteration may only be approved after a written determination is made that:

i.    That the public use will be served by the alteration of the subdivision;

ii.    That the altered subdivision will be in compliance with all zoning and design standards in this title or in the public works development standards;

iii.    If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration; and

iv.    If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

b.    Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.

3.    Revised Subdivision Plat. After approval of the subdivision plat alteration, the city council shall order the applicant to produce a revised drawing of the approved alteration of the final subdivision plat drawing, which after signature of the city council, shall be filed with the Kittitas County auditor to become the lawful plat of the property. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.120 Short subdivision plat (sometimes referred to as short plats) – Review procedures and criteria.

A.    Procedures. Short subdivisions are divisions that create nine or fewer lots and are sometimes referred to as short plats. Short subdivision applications are subject to the Type II review process as set forth in Chapter 15.210 ECC, with exceptions provided herein.

B.    Application Contents. Applications for a preliminary short subdivision shall contain all of the items required for a preliminary subdivision in ECC 15.260.060(B) except as follows: no SEPA checklist is required unless the proposed short subdivision is determined to not be exempt from SEPA review.

C.    Referral to City Departments and Other Agencies for Comments. The community development department shall distribute one copy of the preliminary short subdivision application to the public works department and utilities department, building department, fire marshal, and any public agency that may be affected by the proposed preliminary subdivision.

Whenever the property proposed to be subdivided is located within one-half mile of the corporate limits of the unincorporated county, a copy of the proposed preliminary short subdivision application shall be distributed to the respective jurisdiction.

Comments may be submitted for 14 calendar days after the date of issuance of the notice of application.

D.    Decision Criteria. The director may approve, approve with conditions, or deny a short subdivision application based on conformance with the following decision criteria:

1.    Conformance with applicable provisions of the LDC, including the building setback and intensity standards in Chapter 15.320 ECC, the streetscape design standards in Chapter 15.410 ECC, the subdivision design standards in Chapter 15.420 ECC, the project design standards in Division V, the public works development standards, and applicable critical areas standards set forth in Division VI;

2.    Integration of Specific Provisions. Short subdivisions shall integrate appropriate provisions for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, natural gas mains and services, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school;

3.    Public Interest. The public’s interest shall be served by the short subdivision and dedication.

E.    Time Frame for Approval. The administrator shall make a decision on approval or denial of a preliminary short subdivision application within 60 calendar days of the determination that the application is complete. An approved preliminary short subdivision application is valid for one year from date of approval. Failure to submit the final short subdivision application within that one-year time frame will result in a lapse of the preliminary short subdivision approval. [Ord. 4807 § 34, 2018; Ord. 4804 §§ 1, 3, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.130 Preliminary short subdivision – Required minimum improvement standards.

The required minimum improvement standards for a preliminary short subdivision shall be the same as set forth in ECC 15.260.070 for preliminary subdivisions.

A.    Installation of Improvements. An approved preliminary short subdivision shall not be filed for record as a final short subdivision until the applicant has constructed or bonded for all improvements required by the city in the final decision on the preliminary short subdivision.

B.    Timing and Inspection Fees. The applicant shall not begin installation of improvements in an approved preliminary short subdivision until the city engineer has approved the improvement plans, the city engineer and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid an inspection fee.

C.    Acceptance – Maintenance Bond. The city engineer shall not accept the improvements for the city of Ellensburg until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety to guarantee against defects of workmanship and materials for two years from the date of acceptance. (See Section 9, public works development standards.) [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.140 Final short subdivision application review procedures and criteria.

A.    Procedures. Final short subdivision applications are subject to the Type I review process as set forth in Chapter 15.210 ECC.

B.    Application Contents. Applications for a final short subdivision shall contain the same items as an application for a final subdivision as set forth in ECC 15.260.100(B).

C.    Recommendations as Prerequisites for Final Short Subdivision Approval. Each preliminary short subdivision application submitted for final approval shall be accompanied by the following recommendation: city engineer’s recommendation as to compliance with the terms of the approval of the preliminary short subdivision.

D.    Decision Criteria. Upon receipt of a complete final short subdivision application, the director shall have 30 calendar days for review to determine conformance with the approved preliminary short subdivision and all applicable regulations and standards. A final short subdivision application shall be approved if the short subdivision:

1.    Conforms to all of the preliminary short subdivision application terms and conditions of approval; and

2.    Meets all applicable requirements for approval as set forth in this chapter, and any other applicable city ordinances which were in effect at the time of preliminary short subdivision approval.

3.    The director shall make written findings of fact relating to the decision on the final short subdivision application. If the decision is to approve the final short subdivision application, a specific written finding of fact shall also be made that:

a.    Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, natural gas mains and services, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

b.    The public use and interest will be served by the approval of such short subdivision and any dedications associated with it.

E.    Recording. The final short subdivision plat, in the form specified in this chapter, shall be recorded by the director with the Kittitas County auditor within 10 working days after the appeal period has expired and shall be recorded in the presence of the applicant and with the cost of recording paid by the applicant. [Ord. 4807 § 35, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.150 Short subdivision final plat – Certifications and filing.

A.    Upon approval of the final short subdivision application, the administrator, city public works and utilities director, and the city engineer shall sign the final short subdivision plat drawing. The final short subdivision plat drawing shall then be presented by the director to the county treasurer for review and signature in the presence of the applicant and shall be recorded with the county auditor with the cost of recording paid by the applicant. Such signatures and approval of the final short plat drawing shall be subject to the following determinations:

1.    The requirements of Chapter 58.17 RCW and other applicable state law, the city’s comprehensive plan, and any other applicable city ordinances that were in effect at the time of preliminary short subdivision approval, and this chapter have been met;

2.    Conditions imposed on the preliminary short subdivision approval, if any, have been met;

3.    The bond or other proposed security for required improvements meets the requirements of the public works development standards and has been approved and accepted by the city engineer; and

4.    Every approved short subdivision containing a deed, dedication or easement filed for record shall be accompanied by a title report confirming that title of the land as described and shown on the short subdivision plat drawing is in the name of the owner(s) signing the certificate.

B.    If the final short subdivision application is not approved by the administrator, the decision, along with reasons for denial, shall be communicated in writing to the applicant.

C.    Effect of final short subdivision application approval. Any lots in a final short subdivision filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of five years from the date of filing. A short subdivision shall be governed by the terms of approval of the final short subdivision application, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final short subdivision approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the short subdivision. [Ord. 4804 § 2, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.160 Short subdivision final approval – Prohibition on further division.

Property in approved short subdivisions that have been filed for record may not be further divided in any manner within a period of five years without the filing of a new subdivision pursuant to ECC 15.260.060, except that when the approved short subdivision contains less than four parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an alteration within the five-year period to create up to a total of four lots within the original approved short subdivision boundaries. This requirement shall be stated on the face of the recorded short subdivision plat drawing. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.170 Changes to approved preliminary and final short subdivisions.

A.    Preliminary Short Subdivision. The director may approve minor changes to an approved preliminary short subdivision, or its conditions of approval upon written request of the applicant, subject to the Type I review process as set forth in Chapter 15.210 ECC.

1.    Decision Criteria. The proposed changes shall not conflict with the preliminary short subdivision approval conditions, will not increase the number of lots, and will not conflict with any applicable city standards. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.

B.    Short Subdivision Vacation. A short subdivision vacation is a Type II application and shall be processed in accordance with the procedures for such applications as set forth in ECC 15.210.050(B), except if land dedicated to the public is included in the vacation request in which case it is a Type III application, and shall be processed in accordance with procedures for such applications as set forth in ECC 15.210.050(C). In the event that the vacation request only involves public street right-of-way, the city’s street vacation process shall be used as set forth in subsection (B)(2)(b) of this section.

1.    Application Contents. In addition to the minimum application requirements set forth in ECC 15.220.020, a short subdivision vacation application shall contain the following:

a.    The reasons for the proposed vacation;

b.    Signatures of all parties having an ownership interest in that portion of the short subdivision proposed to be vacated;

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

d.    A copy of the approved short subdivision plat drawing sought to be vacated, together with all short subdivision plat drawing amendments recorded since the date of the original approval; and

e.    Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property.

2.    Criteria for Approval of a Short Subdivision Vacation. The short subdivision vacation may be approved or denied after a written determination is made that:

a.    The public use and interest will be served by the vacation of the short subdivision. If any portion of the land contained in the short subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council shall set forth findings that the public use would not be served in retaining title to those lands.

b.    Vacation of Streets. When the short subdivision vacation application is specifically for a city street vacation, the city’s street vacation procedures shall be utilized. When the application is for the vacation of a short subdivision together with the streets, the procedure for vacation in this section shall be used. However, vacations of streets may not be made that are prohibited under Chapter 35.70 RCW or the city’s street vacation ordinance.

c.    Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the short subdivision plat drawing or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.

C.    Short Subdivision Alteration. A short subdivision alteration is a Type II application, and shall be processed in accordance with procedures for such applications as set forth in ECC 15.210.050(B).

1.    Application Contents. These requirements are in addition to the minimum application requirements in ECC 15.220.020.

a.    The reasons for the short subdivision alteration;

b.    Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject short subdivision or portion to be altered;

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

d.    A copy of the approved short subdivision drawing sought to be altered, together with all short subdivision drawing amendments recorded since the date of the original approval; and

e.    Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property.

2.    Criteria for Approval of a Short Subdivision Alteration.

a.    The short subdivision alteration may be approved only after a written determination is made:

i.    That the public use will be served by the alteration of the short subdivision;

ii.    That the altered short subdivision will be in compliance with all zoning and design standards in this title or in the public works development standards;

iii.    If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration; and

iv.    If any land within the alteration contains a dedication to the general use of persons residing within the short subdivision, such land may be altered and divided equitably between the adjacent properties.

b.    Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the short subdivision plat drawing or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.

3.    Revised Short Subdivision Plat Drawing. After approval of the alteration, the director shall order the applicant to produce a revised drawing of the approved alteration of the final short subdivision plat drawing which, after execution of the signatures required for final approval per ECC 15.260.150, shall be filed with the Kittitas County auditor to become the lawful short subdivision plat drawing of the property. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.260.180 Binding site plan review procedures and criteria.

A.    Purpose. This chapter shall govern a subdivision of land through the optional binding site plan process provided for in RCW 58.17.035, or its successor. If approved under this chapter, a division of land authorized by a binding site plan is exempt from the subdivision and short subdivision regulations and processes. Binding site plans are authorized by RCW 58.17.035, or its successor, to be used for condominiums and for the division of commercial or industrial zoned properties.

B.    Applicability. The underlying zoning district standards shall apply for development utilizing the binding site plan process. The binding site plan option shall apply to the following:

1.    Commercial zoned property in the C-H, C-T and C-C II zoning districts;

2.    Industrial zoned property in the I-H and I-L zoning districts;

3.    Condominiums for one or more units in any R-S, R-L, R-M, R-H, C-N, C-C or C-C II zoning district that are owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest; and

4.    Land divisions for the purpose of leasing property that is located:

a.    Within a manufactured home park; provided, that no residential structure other than manufactured homes is to be placed on the land within a manufactured home park; and

b.    Within the C-T zoning district; provided, that no residential structure other than recreational vehicles is to be placed on the land within an approved recreational vehicle park.

C.    Application – Administration. All applications shall be submitted to the administrator. Binding site plan applications shall be processed as a Type III permit pursuant to the requirements set forth in ECC 15.210.030(C).

D.    Complete Application Requirements. All requests for a binding site plan shall be filed with the administrator together with the application fee as set forth in the adopted fee schedule. An application for a binding site plan shall not be determined to be complete until all of the following have been provided on the binding site plan drawing or on any other supporting documentation submitted along with the binding site plan drawing:

1.    The minimum application requirements set forth in ECC 15.220.020 and a completed binding site plan application form provided by the department, which shall include the signatures of all owners of interest in the land involved in the subdivision application;

2.    A recorded copy of the deed for the property proposed for the binding site plan;

3.    A current title report on the property proposed for the binding site plan;

4.    Copies of all existing or proposed restrictive covenants to be imposed upon land in the binding site plan;

5.    Textual description of phasing if proposed, including the timing for all public improvements, required landscaping and binding site plan amenities to be installed with each phase;

6.    Names and addresses of all property owners within 300 feet of the boundaries of the property proposed for the binding site plan as those names appear on the records of the county assessor;

7.    Any information in the opinion of the administrator which is necessary to determine if the proposed binding site plan makes appropriate provision for physical problems or hazards involving public health, safety and/or welfare;

8.    A completed SEPA checklist and payment of the SEPA application fee;

9.    A completed critical area information form or critical area report pursuant to Division VI, if applicable;

10.    A preliminary binding site plan drawing which shall comply with all general drafting standards and Tier 3 drafting guidelines required by the city’s public works development standards (Section 5, Drafting Standards). Five copies of the drawing shall be provided with the application, along with an electronic copy on CD media in a format readable by the city’s current version of AutoCAD, and one reduced copy not to exceed 11 inches by 17 inches. In addition to the drafting standards set forth in the city’s public works development standards, such drawing shall clearly show the following:

a.    Vicinity sketch showing the parcel boundaries and the major street system within a one-quarter-mile radius;

b.    Zoning of the property within the binding site plan;

c.    The names and locations of adjacent subdivisions, short subdivisions, and binding site plans;

d.    Location and size of existing and proposed utilities, railroads and irrigation rights-of-way within the binding site plan;

e.    Plan view of proposed streets with their names and widths, any proposed pedestrian ways, and all proposed utilities and easements;

f.    Location and size of all proposed ditches, culverts, catch basins, detention or retention ponds or other parts of the design for the control of surface water drainage;

g.    Approximate boundaries of all areas within the binding site plan subject to irrigation or stormwater overflow and the location, width and direction of flow of all watercourses and the extent and location on the site of the 100-year flood flow from said watercourses;

h.    Name and address of the owner(s) of the binding site plan property and all mortgagee(s) of said property;

i.    Legal description of the binding site plan property;

j.    Surveyed boundary lines of the binding site plan property with complete bearings, lineal dimensions and the acreage;

k.    The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field; lot area in square feet; and number of lots and blocks which shall be numbered consecutively from one to total number of lots;

l.    All section, township, municipal and city lines lying within or adjacent to the binding site plan property;

m.    Name, address and official seal of the licensed professional land surveyor preparing the binding site plan drawing;

n.    Ties and controlling reference points to existing and permanent points, monuments and markers;

o.    Date, scale, north point and origin of meridian, with the scale shown at 100 feet to the inch unless otherwise approved by the city engineer;

p.    Proposed phasing plan with clear delineation of each phase;

q.    Locations of land areas intended to be dedicated for public use or reserved for use of owners of the property in the binding site plan, along with a textual declaration of the dedication or reservation. Any roads not dedicated to the public must be clearly marked on the face of the binding site plan drawing as private roads. (Any dedication, donation or grant as shown on the face of the binding site plan shall be considered for all intents and purposes as a quitclaim deed to the donee or donees, grantee or grantees for his, her, or their use for the purposes intended by the donors or grantors.);

r.    Location, centerline, and width of all existing and proposed rights-of-way and easements along with name of all existing or proposed streets within and adjoining the binding site plan and the name and auditor’s file number for all easements;

s.    The areas and locations of open space, recreational amenities, and critical areas including prescribed critical area buffers;

t.    Areas designated for landscaping, vehicle use, parking, truck loading, and nonmotorized transportation corridors or pathways;

u.    The location of all existing and proposed structures;

v.    A declaration that all development of the property shall conform to that shown on the binding site plan drawing and conditions placed upon the binding site plan; and all provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan;

w.    Signatures and date lines for:

i.    Certification by a registered land surveyor of the state of Washington that the binding site plan and legal descriptions were prepared under his or her direct supervision;

ii.    The approvals of the city engineer, public works and utilities director and community development director;

iii.    The county treasurer indicating that the real property taxes are current;

iv.    All owners and all others holding an interest in the binding site plan property with acknowledgments for all such signatures;

v.    Approval by the mayor; and

vi.    Approval by the irrigation district, if applicable;

x.    If the binding site plan is in conjunction with condominiums, pursuant to Chapter 64.32 or 64.34 RCW, the following statement must be included on the face of the binding site plan:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all individuals or entities now and hereafter having any interest in the land described herein.

y.    All binding site plan designs shall include, as determined by the director, overall site landscaping, pedestrian walkways and connections, parking and circulation, recreational amenities, walls and fences, architectural design guidelines, lighting, and other site plan standards as set forth by the underlying zoning district. For commercial, business park, and industrial divisions, building envelope or use does not have to be identified at the time of the binding site plan. However, site plan review for subsequent building size, location and use will be required when submitted.

E.    Design Standards and Dedications. In order to meet the public interest:

1.    A binding site plan shall conform to the applicable zoning and development standards of the city of Ellensburg land development code codified in this title and the public works development standards and all other city utility development standards;

2.    Each lot in a binding site plan shall be provided with satisfactory access established consistent with the requirements of the public works development standards and ECC Title 4, Public Works;

3.    Each lot in a binding site plan shall be provided with adequate provisions for water supplies, sanitary wastewater facilities and stormwater and drainage facilities consistent with the requirements of the public works development standards and ECC Title 9, Utilities;

4.    Each lot in a binding site plan shall be provided with adequate provisions for electric utility service, and natural gas utility service if applicable, consistent with the requirements of the city public works and utilities department and ECC Title 9, Utilities; and

5.    Approval of binding site plans may be conditioned upon dedications to the city of drainage ways, other public ways, water supplies, sanitary waste facilities, parks, playgrounds, sites for schools, and other needs of the public.

F.    Administrative Review. Upon deeming the binding site plan to be a complete application and issuing the notice of application pursuant to ECC 15.220.040, the director shall transmit the binding site plan to city departments, the Kittitas Valley Fire and Rescue fire marshal, the SEPA responsible official for any required SEPA review pursuant to Chapter 15.270 ECC, and to the landmarks and design commission for any required landmark and design review pursuant to Chapter 15.280 ECC. The director shall concurrently perform critical area review if such review is required pursuant to Division VI of this title. The community development department will transmit any department or agency review materials to the planning commission as part of the staff report on the application.

G.    Planning Commission Recommendation. The planning commission shall be responsible for holding an open record public hearing pursuant to procedures established in Chapter 15.210 ECC to review the proposed binding site plan together with accompanying materials and documents, land use applications, staff reports, and public testimony. Based on the comments and testimony established at the public hearing, the planning commission shall make a recommendation to the city council on the binding site plan for approval, disapproval, or approval with conditions.

H.    City Council Action. The planning commission recommendation, findings and all supporting documentation shall be forwarded to the city council. The community development department shall set a date for a closed record public hearing before the city council to review the recommendation of the planning commission in a closed record hearing at which no new testimony or information may be presented. The city council shall then make its own decision supported by written findings of fact and conclusions of law and approve, approve with conditions, or disapprove the binding site plan.

I.    Decision Criteria. The city council may approve, approve with conditions, or disapprove a binding site plan based on conformance with the following decision criteria:

1.    Whether the binding site plan conforms to this section;

2.    If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

3.    Whether the public interest will be served by the approval of the binding site plan and any dedication.

J.    Findings and Conclusions. The city council shall not approve any binding site plan unless written findings are made that:

1.    The binding site plan conforms to this section;

2.    Appropriate provisions are made for the public health, safety, and general welfare and for other such open spaces, drainage ways, streets or roads, alleys, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

3.    The public use and interest will be served by the approval of the binding site plan and any dedication.

K.    Time Limit on Action. An application for a binding site plan shall be approved, approved conditionally or disapproved by the city council within 90 calendar days from the date the application was deemed complete unless the applicant consents to a time extension; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement.

L.    Duration of Approval. Preliminary approval of the binding site plan shall be effective for five years from the date of such approval by the city council, during which time the final binding site plan may be submitted.

M.    Irrigation Water District Approval. Any binding site plan which lies in whole or in part in an irrigation district organized pursuant to Chapter 87.03 RCW shall provide for such irrigation water rights-of-way and any other improvements as shall be required by the irrigation district for each parcel of land in such district and such rights-of-way shall be evidenced by the respective binding site plan submitted for final approval to the city council.

N.    Final Binding Site Plan – Submittal Deadline. Failure to submit the final binding site plan application within five years of preliminary approval will result in a lapse of the preliminary binding site plan approval.

O.    Final Binding Site Plan – Application. The final binding site plan application shall include the same information as for a final subdivision application as set forth in ECC 15.260.100.

P.    Final Binding Site Plan – Administrative Action.

1.    Upon receipt of the final binding site plan application containing the items identified in subsection (O) of this section, the city council shall have 30 calendar days for review to determine conformance with the approved preliminary binding site plan and all applicable regulations and standards. The city council shall make written findings of fact relating to its decision on the final binding site plan and, if approved, shall direct the mayor to sign the final binding site plan. Upon approval by the city council, the director, the city public works and utilities director, and the city engineer shall sign the final binding site plan document and shall present the final binding site plan document to the mayor for signature. The final binding site plan shall then be presented to the county treasurer for review and signature. Such signatures and approval of the final binding site plan document shall be subject to the following determinations:

a.    The requirements of Chapter 58.17 RCW and other applicable state law, the city’s comprehensive plan, and any other applicable city ordinances that were in effect at the time of preliminary binding site plan approval, and this title have been met;

b.    Conditions imposed on the preliminary binding site plan approval, if any, have been met; and

c.    The bond or other proposed security meets the requirements of the public works development standards and has been approved and accepted by the city engineer.

2.    If the final binding site plan is not approved by city council, the decision, along with reasons for denial, shall be communicated in writing to the applicant.

Q.    Final Binding Site Plan – Filing. The final binding site plan shall not be officially complete until the signed original final binding site plan and subdivision improvements agreement, if required, have been recorded with the county auditor. Said documents shall be recorded by the director within 10 working days after the appeal period has expired, in the presence of the applicant and with the cost of recording paid by the applicant. Filing of the final binding site plan shall not relieve the property owner of the obligation to complete the minimum public improvements.

R.    Amendment, Modification and Vacation. Amendment, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. The vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short plat. In the event the vacation is of a dedicated road right-of-way, the review process shall follow the city’s road vacation process. [Ord. 4807 § 36, 2018; Ord. 4804 §§ 1, 2, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]