Chapter 16.06


16.06.010    Purpose.

16.06.020    Authority.

16.06.030    Applicability.

16.06.040    Application.

16.06.050    Determination of complete application.

16.06.060    Public notice of binding site plan application.

16.06.070    Administrative decision.

16.06.080    Preliminary approval – Limitations.

16.06.090    Final plan approval and recording.

16.06.100    Administrative approval of individual lots.

16.06.110    Vacation or alteration of a recorded binding site plan.

16.06.120    Appeals.

16.06.010 Purpose.

The purpose of this chapter is to provide a process for the division of land for the purpose of sale, lease, or transfer of commercial or industrial lots as an alternative to the subdivision process. [Ord. 2188 § 1, 2008.]

16.06.020 Authority.

RCW 58.17.035 and 58.17.040(4) provide for a binding site plan process as an alternate method of dividing land for commercial or industrial land. [Ord. 2188 § 1, 2008.]

16.06.030 Applicability.

This chapter shall apply solely for the sale, lease, or transfer of lots zoned B-1, freeway commercial; B-2, general commercial; B-3, retail core; P-B, professional business; M-1, light industrial; and M-2, heavy industrial under SMC Title 17, Zoning. Land use development within binding site plans is governed by Chapter 17.04 SMC. [Ord. 2188 § 1, 2008.]

16.06.040 Application.

Two copies of a preliminary binding site plan shall be submitted to the Planning Department together with the application fee set forth by the current fee schedule for short plat applications. All site plans must include the following in order to be considered a complete application:

A. The proposed site plan, prepared by a licensed architect, engineer, or registered land surveyor, that is of a scale of at least one inch equals 100 feet.

B. All existing and proposed easements and public and/or private roads; all existing structures; elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding three percent; approximate location of all natural features.

C.  The location, description, and proposed phasing of all facilities proposed to serve the development:

1. Interior and exterior roadway network;

2. Water and sewerage facilities;

3. Storm water drainage facilities;

4. Sidewalks and street lights;

5. Fire protection devices with sufficient water storage and flows;

6. Facilities to address compatibility with adjacent dissimilar land uses;

7. Any lot(s) to be created as a part of the original binding site plan.

D. A current title report not more than six months old covering the entire property included in the site plan.

E. Provisions for long-term maintenance with adequate financing for areas and facilities under common ownership. [Ord. 2188 § 1, 2008.]

16.06.050 Determination of complete application.

Upon receiving an application for a binding site plan, the administrator shall have 28 days to determine if the application is complete. Incomplete applications will be returned so that deficiencies may be corrected. All resubmissions will be evaluated to determine if a complete application has or has not been resubmitted. As used herein and after, “administrator” means the City Manager or his designee. [Ord. 2188 § 1, 2008.]

16.06.060 Public notice of binding site plan application.

The administrator shall direct that public notice of the proposed binding site plan application be given within 10 calendar days of a complete application. This notice shall consist of mailing a notice of application to the owners of all properties within 300 feet of the exterior boundaries of the proposed binding site plan as such owners are shown on the records of the Yakima County Assessor. If the owner of the real property subject to the binding site plan owns another parcel or parcels of real property which lie adjacent to the subject property, notice under this subsection shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. [Ord. 2188 § 1, 2008.]

16.06.070 Administrative decision.

The administrator shall review the binding site plan for compliance with the provisions of this chapter and all other land use regulations in effect at the time of submission of a fully completed binding site plan application. If all requirements for approval are met, the administrator shall provide written findings of facts supporting the approval of the preliminary binding site plan and set forth all conditions for final binding site plan approval. [Ord. 2188 § 1, 2008.]

16.06.080 Preliminary approval – Limitations.

The approval of a preliminary binding site plan by the administrator authorizes the applicant to prepare the final site plan and develop the required improvements and facilities in accordance with the conditions of approval. No sale, lease, or transfer of any lot proposed by the site plan shall occur until a final binding site plan is approved and recorded with the Yakima County Auditor. The final site plan shall be submitted within four years of the date of preliminary approval. [Ord. 2188 § 1, 2008.]

16.06.090 Final plan approval and recording.

When all conditions of preliminary binding site plan approval are met, the developer shall submit the final binding site plan to the Planning Department for processing. The final binding site plan must include the following:

A. A complete survey of the entire property and the initial lots to be created, if any, including the legal description, north arrow, scale, surveyor’s certificate, etc.

B. The acknowledged signatures of all parties having an ownership interest in the property.

C. The signature of the Public Works Director, the administrator, and the County Treasurer.

D. Auditor’s certificate.

E. Written documentation that all requirements for preliminary binding site plan approval are met, including the completion of all required infrastructure improvements.

Once all the above requirements are met, the applicant shall file the final binding site plan with the County Auditor and provide a recorded copy to the City of Sunnyside Planning Department. [Ord. 2188 § 1, 2008.]

16.06.100 Administrative approval of individual lots.

Once the final binding site plan is recorded, the creation of individual lot(s) other than lots established by the recorded binding site plan may be administratively approved through the qualified exemption process set forth in SMC 16.20.100. Once a completed binding site plan exemption application is submitted together with the fee set forth in the adopted fee schedule, it will be reviewed by the Planning Department. The application must include the following:

A. The proposed lot(s) created must be surveyed by a registered land surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest in the property shall sign the exemption application and the survey.

B. The lot(s) to be created meet the requirements set forth in the recorded final binding site plan.

C. The lot(s) meet the minimum lot size in the zoning district.

When the exemption application is approved, the survey containing the above information must be recorded with the County Auditor’s office prior to the sale, lease, or transfer of any lot. [Ord. 2188 § 1, 2008.]

16.06.110 Vacation or alteration of a recorded binding site plan.

Whenever any person is interested in the vacation or alteration of a recorded binding site plan, the procedures set forth in SMC 16.06.040 through 16.06.090 contained herein shall be followed, except that this section does not apply to the creation of lots under SMC 16.06.090, and except that modifications to binding site plans that are determined by the Director of Community and Economic Development to be minor may be reviewed and approved administratively. [Ord. 2188 § 1, 2008.]

16.06.120 Appeals.

Any decision of the administrator may be appealed following the procedures set forth in SMC 16.04.140. [Ord. 2188 § 1, 2008.]