Chapter 17.30
RESIDENTIAL CONDOMINIUM BINDING SITE PLAN REVIEW PROCESS

Sections:

17.30.005    Purpose.

17.30.010    Applicability.

17.30.015    Administration.

17.30.017    Low impact development (LID).

17.30.020    Planned unit developments.

17.30.030    Building permits.

17.30.040    Complete application.

17.30.045    Additional requirements.

17.30.047    Material errors.

17.30.048    Requirements for noticing.

17.30.049    Decision.

17.30.050    Appeal.

17.30.060    Recording.

17.30.070    Amendments and rescission.

17.30.005 Purpose.

The purpose of this chapter is to establish a permit process for the development of property for residential condominium proposals pursuant to Chapter 64.34 RCW. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1).

17.30.010 Applicability.

A. A binding site plan for a residential condominium project shall be based on either a recorded final planned unit development, a building permit issued for the entire project, or a conceptual site plan as set forth in NMC 17.30.040.

B. This process is separate from other site plan review processes including the planned unit development, and shall not be construed to substitute for the requirements of such processes. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.010) 1994; Ord. 20 § 1, 1994. Formerly 17.55.010).

17.30.015 Administration.

The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1).

17.30.017 Low impact development (LID).

The use of LID best management practices (BMPs) is required in residential condominium binding site plans where site and soil conditions make LID feasible and where approved by the city based on review of material prepared and submitted by the applicant. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

17.30.020 Planned unit developments.

Whenever a binding site plan for a residential condominium development is proposed on a parcel for which a final planned unit development has been recorded, a copy of the planned unit development site plan shall be recorded as the binding site plan upon verification by the director that the binding site plan is the same as or contains the relevant details of the planned unit development site plan. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.020), 1994; Ord. 20 § 1, 1994. Formerly 17.55.020).

17.30.030 Building permits.

Whenever a binding site plan for a residential condominium development is proposed on a parcel of land for which a building permit has been issued for the entire project, the following must be satisfied prior to recording:

A. A plan shall be prepared in a form prescribed by the director which is adequate for permanent retention by the King County records and elections division.

B. The plan must be prepared by a registered land surveyor or civil engineer.

C. The plan must substantially reflect the site plan approved for the building permit. Specific details not relevant to the division of land may be omitted.

D. The plan must be verified by the director for compliance with the approved building permit. The director may require dedication of additional right-of-way for public streets pursuant to the criteria set forth in NMC 17.30.045.

E. The legal description and map must be verified by the city engineer. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.030), 1994; Ord. 20 § 1, 1994. Formerly 17.55.030).

17.30.040 Complete application.

Whenever a binding site plan for a residential condominium project is proposed on a parcel of land for which neither a planned unit development nor a building permit has been approved for the entire parcel, the binding site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a complete application is filed with the city:

A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.

B. Applications for binding site plan for a residential condominium project shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; Chapter 14.15 NMC, Property Grading Regulations; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the downtown strategic plan; the Lake Boren master plan; and administrative rules adopted to implement any such code or ordinance provisions.

C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed binding site plan shall be considered fully complete once the department determines that the application contains the following materials:

1. The name and address of the developer.

2. The name, address and seal of the registered engineer or land surveyor.

3. The location by section, township and range or by other legal description.

4. Lists of any other development permits or permit applications having been filed for the site.

5. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.

6. Title Report. A title report dated by the title company within 30 days of the date of submitting this application, confirming that the title of the lands as described and shown on the proposed plat are in the name of the applicant, or in the name of the owner whom the applicant represents.

7. Existing Encumbrance Documents. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site.

8. Payment of any application fees and development deposits imposed by the city.

9. A complete environmental checklist, if required by the city’s SEPA policies.

10. A statement whether the project is adjacent to state right-of-way.

11. A statement whether the project is within a designated floodplain.

12. Phasing Plan. A phasing plan and time schedule, if the site is intended to be developed in phases.

13. Topography Map. A minimum 18-inch-by-24-inch topography map.

14. A drainage analysis or other requirement as specified in Chapter 13.10 NMC and the latest adopted version of the city’s Surface Water Design Manual.

15. Site Plan. A scaled site plan of the property proposed to be developed (of a scale clearly legible) is required, including the following:

a. The scale, datum and northpoint.

b. All zoning and property boundaries within 100 feet of any boundary of the site.

c. The location and size of all proposed lots, tracts and easements, consistent with separately attached plat map required below.

d. Proposed site improvements and structures.

e. Any existing structures or site improvements intended to be retained on the site.

f. The location of proposed or existing open space, including any required landscaped areas (show areas only; details of proposed vegetation are to be submitted as a separate landscape plan as specified below).

g. The location and identification of critical areas within 300 feet of any boundary of the site.

h. Adjacent streets, access easements and proposed locations and dimensions of driveways providing access to the site.

i. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and emergency vehicle access.

j. Location of existing and proposed fire hydrants.

k. The number and location of proposed or existing parking spaces on the site, and on streets directly abutting the site.

l. The location of utilities and drainage systems proposed to serve the site.

m. The location and size of water bodies and drainage features, both natural and manmade, within 500 feet of the site.

n. A layout of sewers and the proposed water distribution system.

o. Proposed easements and access.

p. Locations of significant trees identified to be retained per NMC 18.16.130.

16. Elevation Drawings and Floor Plans. A minimum 18-inch-by-24-inch drawing of elevations and floor plans as known. Elevation drawings must include post-construction treatment of both occupied and unoccupied areas of the building envelopes, and must show location of any proposed signage on the buildings.

17. Plat Map. A minimum 18-inch-by-24-inch drawing of a map labeled, “Plat of Residential Condominium Binding Site Plan” (insert name of plan) showing only existing and proposed lot and tract lines, easement lines (including necessary maintenance and/or construction easements for buildings with zero setbacks from property lines), right-of-way lines, dimensions, bearings, monuments, lot numbers, and other descriptions and illustrations of how the binding site plan is to be legally accessed, divided and described, consistent with separately attached site plan required under subsection (C)(15) of this section. The plat map shall include:

a. The boundary lines of the tract to be platted and the proposed interior lot lines, and relationship to adjacent properties (heavy line weight).

b. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field, referenced to the Washington Coordinate System, WM Zone (medium line weight).

c. Location of monuments or evidence used as ties to establish the boundaries (medium line weight).

d. The boundary and dimensions of the “original tract,” including its bearings and length of all boundary lines, assessor’s parcel number, section, township and range (fine line weight).

e. Any necessary easements for improvements to be retained on the site including, but not limited to, structures, utilities, stormwater systems, and underground storage tanks.

f. Location and dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the binding site plan, and applicable city or county file numbers (fine line weight).

g. The width and location of access to all lots proposed (medium line weight).

h. The number assigned to each lot (heavy line weight).

i. The boundaries of all lands reserved in the deed for common use of the property owners of the plat or dedicated to the public (heavy line weight).

j. Road dedicated to the public shown on the plat map with the dedication certificate in the form described by city application forms.

k. Certificates. Plat map shall include certificates for (i) the surveyor, (ii) the city engineer, (iii) the city community development director, (iv) the county treasurer, and (v) the county auditor.

l. Corner staking and survey performed by a registered land surveyor, with corner markers reflected on the plan.

18. Utilities Plan. A minimum 18-inch-by-24-inch drawing of a utilities plan showing the location and size of utility trunk lines, lateral lines, water, electric, gas, and telecommunication lines, utility vaults and transformers both existing and proposed to serve the site.

19. Grading Plan. A minimum 18-inch-by-24-inch drawing of a grading plan showing proposed clearing and tree retention and the existing and proposed topography, including existing and/or proposed retaining walls, detailed to two-foot contours, unless smaller contour intervals are otherwise specified by the city code.

20. Landscape Plan. A minimum 18-inch-by-24-inch drawing of a landscape plan showing existing vegetation to be retained, proposed new vegetation, an irrigation plan, and proposed locations of all utilities, drainage systems and retaining walls in relation to proposed landscaping materials (consistent with separately attached utilities, drainage, and grading plans).

21. A significant tree retention plan per the requirements of NMC 18.16.140.

22. Lighting Plan. A lighting plan showing the location, height and type of all luminaries and security lights in relation to proposed site improvements and landscaping, including photometric details.

23. Common Areas and Maintenance (CC&Rs). Submit with this application draft CC&Rs that establish an owner’s association, including its bylaws, that define the maintenance responsibilities of the owner’s association for all common tracts, structures and/or improvements, and that permit the collection of fees (dues) for the purpose of funding the activities of the owner’s association relating to the maintenance and/or replacement of all common landscaping, structures and improvements.

24. School Access Analysis. Provide an analysis to determine the safety of walking conditions for students who walk to and from school (RCW 58.17.110).

25. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.

26. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek Utility District.

D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2020-611 § 5; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.040), 1994; Ord. 20 § 1, 1994. Formerly 17.55.040).

17.30.045 Additional requirements.

The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2005-305 § 1).

17.30.047 Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2005-305 § 1).

17.30.048 Requirements for noticing.

The notice requirements for Chapter 19.11 NMC shall be applicable to review this chapter as a Type II permit. (Ord. 2005-305 § 1).

17.30.049 Decision.

A. A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 19.07 NMC the director’s decisions shall include any conditions to ensure consistency with the city’s development regulations based on the following but not limited to:

1. Conformance of the proposed site plan with any approved building permit or planned unit development and any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city.

2. A finding that the binding site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply.

3. A finding that proposed site plan for residential condominiums complies with all applicable provisions of Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted regulations and administrative rules.

B. The binding site plan shall contain additional documents as necessary for review and approval which may include a plat certificate, boundary survey, agreements, easements and covenants.

C. Additional documents shall be submitted as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.

D. Prior to recording, the director shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions of approval. (Ord. 2005-305 § 1).

17.30.050 Appeal.

The director’s decision regarding binding site plan for residential condominium may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.050), 1994; Ord. 20 § 1, 1994. Formerly 17.55.050).

17.30.060 Recording.

A. The proposed binding site plan for residential condominium approved by the director shall be recorded with the King County department of assessments and recorded with the King County department of records and elections within 30 days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.34 RCW, provided the structure or structures, road and parking systems, and related facilities substantially conform to the recorded binding site plan.

B. The approved binding site plan for residential condominium recording forms shall include the following, in the format prescribed by the director:

1. Name of binding site plan.

2. Location by section, township and range, or by other legal description.

3. The name and seal of the registered engineer or the registered land surveyor.

4. Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearing can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved.

5. Boundary of plat based on an accurate traverse, with angular and lineal dimension.

6. Exact location, width, and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the city. Proposed street names shall be checked with the proper officials.

7. True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat.

8. Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses.

9. Radii, internal angles, points of curvature, tangent bearings and lengths of all areas.

10. All easements for rights-of-way provided for public service or utilities.

11. Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose.

12. Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and 24 inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at location to complete a continuous line of sight and at such other locations as required by the city engineer.

13. All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark.

14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and any areas to be reserved by deed covenant for common uses of all property owners.

15. Building setback lines accurately shown with dimensions.

16. Notarized signatures of all persons having an ownership or security interest in the land being subdivided.

17. Approval of the city engineer.

18. Approval of the director.

19. Repealed by Ord. 2019-598.

20. One electronic copy of the final plat, as approved by the director, shall be submitted to the director of the department in a format specified by the director.

21. Payment of any application fees and deposits imposed by the city. (Ord. 2019-598 § 9; Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.060), 1994; Ord. 20 § 1, 1994. Formerly 17.55.060).

17.30.070 Amendments and rescission.

A. Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.

B. Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan the director shall rescind all or a portion of a binding site plan; provided, that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.

C. Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission are not required on the amended binding site plan or application for rescission. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.070), 1994; Ord. 20 § 1, 1994. Formerly 17.55.070).