Chapter 11.32
CLUSTER SUBDIVISIONS, BINDING SITE PLANS AND UNIT LOT SUBDIVISIONS

Sections:

11.32.010    Application and fees.

11.32.020    Applicability of zoning regulations.

11.32.030    Districts permitted.

11.32.040    Minimum size of cluster subdivisions.

11.32.050    Open space restricted.

11.32.060    Open space use and access.

11.32.070    Binding site plans.

11.32.080    Unit lot subdivisions.

11.32.010 Application and fees.

Applications for cluster subdivision, binding site plans and unit lot subdivisions shall be made on the appropriate forms and shall follow the procedures set forth for short plats, Chapter 11.12 WCC, or major subdivisions, Chapter 11.16 WCC. Filing fees, required improvements and all other requirements, except as specifically modified in this chapter, shall comply with either Chapter 11.12 or 11.16 WCC, depending on the number of lots in the cluster subdivision proposal. (Ord. 2017-16 § 2 (Exh. B); Ord. 2010-24 § 1; Ord. 98-40 § 4; Ord. 3080 § 800, 1994)

11.32.020 Applicability of zoning regulations.

Cluster subdivision shall meet the overall density requirements as set forth in the Wenatchee zoning ordinance. For the purposes of this chapter, the minimum lot size for the zoning district shall be divided into the gross area of land being subdivided to ascertain the total number of lots that will be allowed by this procedure. Individual lot sizes may be reduced by no more than 25 percent of the minimum lot size of the district. All such lot reductions shall be compensated for by an equivalent amount of land area in open space to be preserved and maintained for its scenic value, for recreation, or conservation purposes. Individual lot depth and width requirements may be reduced by not more than 20 percent. All other zoning ordinance regulations and use limitations remain in full force and effect. (Ord. 2017-16 § 2 (Exh. B); Ord. 2010-24 § 1; Ord. 3080 § 802, 1994)

11.32.030 Districts permitted.

Cluster subdivisions may only be allowed in the R-S and RL zoning districts as the same are depicted on the official zoning map for the city of Wenatchee. (Ord. 2017-16 § 2 (Exh. B); Ord. 2010-24 § 1; Ord. 3080 § 804, 1994)

11.32.040 Minimum size of cluster subdivisions.

Cluster subdivision shall not be allowed in subdivisions containing less than five acres. (Ord. 2017-16 § 2 (Exh. B); Ord. 2010-24 § 1; Ord. 3080 § 806, 1994)

11.32.050 Open space restricted.

The open space accumulated as a result of the application of WCC 11.32.020 shall be clearly labeled and numbered as a tract with the following language inserted on any and all plats filed for record:

This tract is held in reserve as a permanent open space and shall not be considered as a building lot, or encroached upon in any manner.

(Ord. 2017-16 § 2 (Exh. B); Ord. 2010-24 § 1; Ord. 3080 § 808, 1994)

11.32.060 Open space use and access.

The open space created and set aside pursuant to WCC 11.32.020 shall remain unimproved for preservation, recreation and conservation purposes, and shall be accessible without trespassing on private property, to all residents of the subdivision or, where the land has been deeded to the city of Wenatchee, to the public. (Ord. 2017-16 § 2 (Exh. B); Ord. 2010-24 § 1; Ord. 3080 § 810, 1994)

11.32.070 Binding site plans.

The purpose of this section is to clearly delineate the criteria used by the city of Wenatchee to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land.

(1) Applicability.

(a) Any division of land for the purpose of lease when no residential structures other than manufactured homes or travel trailers are permitted to be placed upon the land.

(b) A division of land occurring in the commercial, including mixed use commercial zoning districts, or industrial zoning districts.

(c) A division made pursuant to Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act).

(2) Administrative Duties. The administrator of this title is authorized and directed to administer the provisions of this section. The authority to approve, approve with conditions, or deny a binding site plan processed in accordance with subsection (3)(a) of this section, Administrative Classification, is granted to the administrator. The authority to approve, approve with conditions, or deny a binding site plan processed in accordance with subsection (3)(b) of this section, Quasi-Judicial Classification, is granted to the city of Wenatchee hearing examiner after a public hearing.

(3) Procedure. The processing of a binding site plan shall be in conformance with the requirements associated with the classifications of binding site plans identified below:

(a) Administrative Classification. Except as provided in this section, the following categories of binding site plans shall be processed in accordance with the requirements of Chapter 11.12 WCC, Short Subdivisions, and WCC 13.09.040, Type II administrative review of applications:

(i) Applications for binding site plans which would result in nine or less lots, tracts or parcels.

(ii) Applications for divisions made pursuant to Chapter 64.34 RCW (Horizontal Regimes Act) and/or Chapter 64.32 RCW (Condominium Act), which either contain no division of land or include divisions of land into nine or less lots, tracts or parcels.

(b) Quasi-Judicial Classification. Except as provided in this section, the following categories of binding site plans shall be processed in accordance with the requirements of Chapter 11.16 WCC, Major Subdivisions, and WCC 13.09.050, Type III quasi-judicial review of applications.

(i) Applications for binding site plans which would result in greater than nine lots, tracts or parcels.

(ii) Applications for divisions made pursuant to Chapter 64.34 RCW (Horizontal Regimes Act) and/or Chapter 64.32 RCW (Condominium Act), which include divisions of land into greater than nine lots, tracts or parcels.

(4) Requirements for a Complete Application. The following materials shall be submitted to the city for a complete application. Any person desiring approval of a binding site plan shall file with the administrator a complete application for a binding site plan including a SEPA checklist, if applicable, a filing fee in an amount as required by Chapter 1.99 WCC, Fee Schedules, and the following additional information:

(a) A binding site plan under the administrative classification, subsection (3)(a) of this section, shall submit the materials identified within WCC 11.12.030, Application – Contents.

(b) A binding site plan under the quasi-judicial classification, subsection (3)(b) of this section, shall submit the materials identified within WCC 11.16.040, Complete application designated.

(5) Approval. Prior to approving any preliminary binding site plan, either the administrator or the hearing examiner, depending upon the classification of binding site plan identified under subsection (3) of this section, shall determine and make written findings of fact that appropriate provisions are in accordance with either WCC 11.12.060 or 11.16.110, as provided by subsection (3) of this section.

(6) Development Standards. Binding site plans shall conform to the dimensional standards of WCC Title 10, Zoning, any conditions of an approved planned development for the subject property and the design standards of Chapter 11.20 WCC.

(7) Final Binding Site Plan Review and Approval Process. All final binding site plan reviews shall be administrative. Each binding site plan shall have a perimeter survey completed by a registered land surveyor, together with written data and materials in such form that when read together provides:

(a) The information required by WCC 11.12.090 or Chapter 11.16 WCC, Article III, depending upon the applicable classification of binding site plan identified in subsection (3) of this section and all applicable review fees identified by Chapter 1.99 WCC, Fee Schedules, and the appropriate application form;

(b) Documents sufficient to provide for the perpetual maintenance of all common areas; and

(c) Clear indication of all covenants, conditions and restrictions applicable to the property subject to the binding site plan.

Once the administrator has determined that the requirements identified under subsection (3) of this section and this section have been met, the final binding site plan and any associated or required documents shall be recorded with the Chelan County auditor’s office. The binding site plan approval shall become effective upon that recording.

Lots, parcels or tracts created pursuant to the binding site plan procedure shall be legal lots of record. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the owner or any other person acquiring a lease or other ownership interest in any lot, parcel, or tract created pursuant to the binding site plan. (Ord. 2017-16 § 2 (Exh. B); Ord. 2014-10 § 1 (Exh. B); Ord. 2010-24 § 1; Ord. 98-40 § 5; Ord. 3080 § 812, 1994)

11.32.080 Unit lot subdivisions.

(1) Applicability and Purpose. This section is to apply exclusively to the subdivision of land for attached single-family dwelling units authorized under city code and cottage housing development processed as a residential planned development under Chapter 10.42 WCC. The purpose is to allow for the creation of lots for townhouse dwellings and cottage developments, while applying only those site development standards applicable to the parent site as a whole.

(2) Administrative Duties. The administrator of this title is authorized and directed to administer the provisions of this section. The authority to approve, approve with conditions, or deny a unit lot subdivision processed in accordance with subsection (3)(a) of this section, Administrative Classification, is granted to the administrator. The authority to approve, approve with conditions, or deny a unit lot subdivision processed in accordance with subsection (3)(b) of this section, Quasi-Judicial Classification, is granted to the city of Wenatchee hearing examiner after a public hearing.

(3) Procedure. The processing of a unit lot subdivision shall be in conformance with the requirements associated with the classifications of unit lot subdivision identified below:

(a) Administrative Classification. Except as provided in this section, a unit lot subdivision creating nine or less lots, tracts, or parcels shall be processed in accordance with the requirements of Chapter 11.12 WCC, Short Subdivisions, and WCC 13.09.040, Type II administrative review of applications.

(b) Quasi-Judicial Classification. Except as provided in this section, a unit lot subdivision creating 10 or more lots, tracts, or parcels shall be processed in accordance with the requirements of Chapter 11.16 WCC, Major Subdivisions, and WCC 13.09.050, Type III quasi-judicial review of applications.

(4) Requirements for a Complete Application. The following materials shall be submitted to the city for a complete application. Any person desiring approval of a unit lot subdivision shall file with the administrator a complete application for a unit lot subdivision including a SEPA checklist, if applicable, a filing fee in an amount as required by Chapter 1.99 WCC, Fee Schedules, and the following additional information:

(a) A unit lot subdivision under the administrative classification, subsection (3)(a) of this section, shall submit the materials identified within WCC 11.12.030, Application – Contents.

(b) A unit lot subdivision under the quasi-judicial classification, subsection (3)(b) of this section, shall submit the materials identified within WCC 11.16.040, Complete application designated.

(5) Approval. Prior to approving any preliminary unit lot subdivision, either the administrator or the hearing examiner, depending upon the classification of the unit lot subdivision identified under subsection (3) of this section, shall determine and make written findings of fact that appropriate provisions are in accordance with either WCC 11.12.060 or 11.16.110, as provided by subsection (3) of this section.

(6) General Regulations.

(a) The unit lot subdivision as a whole shall meet development standards applicable to the underlying residential site development approval associated with a commercial or residential building permit or residential planned development as applicable, and the provisions of this section. As a result of the unit lot subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot. So long as the parent site meets the criteria of the underlying residential site development plan or the dwelling units are already in existence, each unit lot will be deemed to be in conformance. If the units are already legally in existence and do not comply with the development standards, a unit lot may be created for each existing dwelling unit. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity of the parent lot;

(b) Unit lot subdivisions shall be subject to all applicable requirements of WCC Title 11, except as otherwise modified by this section;

(c) Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent site;

(d) Maximum lot coverage of the aggregate buildings located upon the parent site shall not exceed the maximum lot coverage permitted by the underlying zone or planned residential development;

(e) Except for existing nonconforming development or as approved pursuant to Chapter 10.42 WCC, building setbacks shall be as required for the zone as applied to the underlying parent site as a whole. There shall be no setback required from individual unit lot lines which are interior to the perimeter of the parent site; provided, however, that any structure located upon a unit lot created hereunder shall comply with the setbacks applicable to the underlying residential site development plan;

(f) Internal drive aisles providing vehicular access to unit lots shall not be considered public or private streets when utilizing the provisions of this section. However, in no instance can an internal drive aisle conflict with or preclude necessary circulation system improvements established by the transportation element of the Wenatchee urban area comprehensive plan;

(g) Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with dwelling unit, as long as the right to use the parking is formalized by an easement record with the Chelan County auditor’s office;

(h) Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; on-site recreation; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the Chelan County auditor’s office. Each unit lot subdivision shall make adequate provisions for ingress, egress and utilities access to and from each unit lot created by reserving such common areas or other easements over and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying residential site development plan.

(7) Final Unit Lot Subdivision Review and Approval Process. Unit lot subdivisions receiving preliminary approval under the administrative classification under subsection (3)(a) of this section shall have a final administrative review process. Unit lot subdivisions receiving preliminary approval under the quasi-judicial classification by the city of Wenatchee hearing examiner under subsection (3)(b) of this section shall have a final review process which authorizes the Wenatchee city mayor to grant final approval under WCC 11.16.250. Each unit lot subdivision shall have a perimeter survey completed by a registered land surveyor, together with written data and materials in such form that when read together provides:

(a) The information required by WCC 11.12.090 or Chapter 11.16 WCC, Article III, depending upon the applicable classification of unit lot subdivision identified in subsection (3) of this section, and all applicable review fees identified by Chapter 1.99 WCC, Fee Schedules, and the appropriate application form;

(b) Documents sufficient to provide for the perpetual maintenance of all common areas; and

(c) Clear indication of all covenants, conditions and restrictions applicable to the property subject to the binding site plan.

Once the administrator or mayor, as applicable, has determined that the requirements identified under subsection (3) of this section and this section have been met, the final unit lot subdivision and any associated or required documents shall be recorded with the Chelan County auditor’s office. The unit lot subdivision approval shall become effective upon that recording.

Lots, parcels or tracts created pursuant to the unit lot subdivision procedure shall be legal lots of record. All provisions, conditions and requirements of the unit lot subdivision shall be legally enforceable on the owner or any other person acquiring a lease or other ownership interest in any lot, parcel, or tract created pursuant to the unit lot subdivision.

(8) Notes shall be placed on the plat recorded with the Chelan County auditor’s office to acknowledge the following:

(a) Subsequent platting actions, additions, or modifications to the structures may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved residential site development plan;

(b) The individual unit lots are not separate building sites and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent site.

(9) Conflicts. Any conflicts between the provisions of this section and the text of other sections of the Wenatchee City Code shall be resolved in favor of the text of this section. (Ord. 2018-45 § 3; Ord. 2017-16 § 2 (Exh. B))