Chapter 14.35
BINDING SITE PLANS

Sections:

14.35.010    Purpose.

14.35.020    Authority.

14.35.030    Applicability.

14.35.040    Application.

14.35.050    Determination of complete application.

14.35.060    Public notice of binding site plan application.

14.35.070    Design services team meeting.

14.35.080    Administrative decision.

14.35.090    Preliminary approval—Limitations.

14.35.100    Final plan approval and recording.

14.35.110    Administrative approval of individual lots.

14.35.120    Vacation or alteration of a recorded binding site plan.

14.35.130    Appeals.

14.35.010 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. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.020 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. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.030 Applicability.

This chapter shall apply solely for the sale, lease, or transfer of lots zoned small convenience center (SCC); large convenience center (LCC); airport support (AS); central business district (CBD); general commercial (GC); regional development (RD); light industrial (M-1); and heavy industrial (M-2) under the Yakima urban area zoning ordinance, Title 15 YMC. Land use development within binding site plans is governed by YMC 15.04. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.040 Application.

Twenty copies of a preliminary binding site plan shall be submitted to the office of environmental planning together with the application fee set forth by the current fee schedule. 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 one hundred 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.    Stormwater drainage facilities;

4.    Sidewalks and streetlights;

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 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. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.050 Determination of complete application.

Upon receiving an application for a binding site plan, the administrator shall have twenty-eight 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. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.060 Public notice of binding site plan application.

The administrator shall direct that public notice of the proposed binding site plan application be given within ten calendar days of a complete application. This notice shall consist of mailing a notice of application to the owners of all properties within three hundred 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 three hundred 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. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-31 § 3, 2010: Ord. 98-65 § 2 (part), 1998).

14.35.070 Design services team meeting.

To ensure that all development requirements are properly addressed, upon receipt of a fully completed binding site plan application, the office of environmental planning shall schedule a design services team meeting and circulate a copy of the plan to all affected agencies together with the time and date of the meeting. This meeting will be scheduled within twenty days of receipt of a complete application. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.080 Administrative decision.

The administrative official 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. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.090 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 five years of the date of preliminary approval. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.100 Final plan approval and recording.

When all conditions of the preliminary binding site plan approval are met, the developer shall submit the final binding site plan together with the fee set forth in the adopted fee schedule to the planning department for processing and recording. The final binding site plan shall 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 city engineer, 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 planning department shall file the final binding site plan with the county auditor. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.110 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 YMC 14.05.160(G). 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 and city engineer, and any other agency with jurisdiction for compliance with this chapter. 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. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.120 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 YMC 14.35.040 through 14.35.090 contained herein shall be followed, except that this section does not apply to the creation of lots under YMC 14.35.110, 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. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).

14.35.130 Appeals.

Any decision of the administrator may be appealed following the procedures set forth in Chapter 14.50. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).