HomeMy WebLinkAbout1981-2566 TERMS & PROCEDURES FOR SUBDIVIDING LAND; AND EXEMPTING CERTAIN LAND DIVISIONS. ORDINANCE NO. 2566
AN ORDINANCE relating to subdivisions; defining terms and
establishing procedures for subdividing land;
exempting certain land divisions from require-
ments of Title 14 of the City of Yakima Munici-
• pal Code; amending Sections and Sub Sections
14.05. 100, 14.05.110 A 14.10. 240, 14.10.270,
14.15.070, 14.25.010, 14.25.080 A, 14.25.110 B,
14.25.130 A, 14.25.160 A and 14.25.210 B, and
enacting new Sections 14.05.025, 14.05.295,
14.10.035 and 14.25.025, all of the City of
Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 14.05.100 of the City of Yakima
Municipal Code is hereby amended to read as follows:
• "14.05.100 Exemptions. The provisions of this title
shall not apply to:
A. Cemeteries and other burial plots while used
for that purpose;
B. Division of land into parcels in which the
smallest parcel created by the division is forty acres
in area, or more, or that which is defined in the
• instrument of division as one-quarter of a quarter
section of land; provided, that for the purpose of
computing the size of any lot under this item which
borders on a street or road, the lot size shall be
expanded to include that area which would be bounded
by the centerline of the road or street and the side
lot lines of the lot running perpendicular to such
centerline;
C. Division made by testamentary provisions,
or the laws of descent;
D. A division for the purpose of lease when no
residential structure other than mobile homes or
travel trailers are permitted to be placed upon the
property in accordance with the provisions of Title 12
of the Yakima Municipal Code and a binding site plan
for the use of the property has been filed for record
with the Yakima County Auditor;
E. A division not for the purpose of sale or
lease in the present or future. For purposes of this
exemption, the following divisions shall be presumed,
when considered by themselves in the absence of
surrounding circumstances to the contrary, not to be
for such purpose:
1. Administrative segregations in the
• Yakima County assessor's office made solely
for the purpose of levy, assessment, collection,
payment or exemption of real property taxes
pursuant to applicable state statutes,
2. Annexations accomplished pursuant to
and in accordance with all pertinent statutory
and local rules and regulations governing same,
3. Acquisitions of fractional parts of
land being of insufficient area or dimension
to meet minimum zoning requirements for width
or area, public bodies for the purpose of future
use as public highways or public utility ways,
4. The sale or lease of a condominium
apartment subject to the provisions of Washing-
ton State Horizontal Property Regimes Act OP
(R.C.W. 64.32).
F. A division made for the purpose of adjusting
boundary lines which does not create any additional
lot, tract, parcel, site, or division nor create any
lot, tract, parcel, site, or division which contains
insufficient area and dimension to meet minimum
requirements for width and area for a building site.
G. Divisions of land into lots or tracts classified
for industrial or commercial use pursuant to Chapter
12.50 Yakima Municipal Code (City of Yakima Zoning
Ordinance) when the City has approved a binding site
plan. When the binding site plan authorizes a sale or
other transfer of ownership of a lot, parcel, or tract,
the binding site plan shall be filed for record in the
Yakima County Auditor's Office."
Section 2. Sub Section 14.05.110 A of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.05.110 Qualified exemptions.
A. The administrator may exempt the following actions
from the requirements of this title as not constituting
divisions of land for the purpose of sale or lease:
1. A division provided for by law not for
the purpose of sale or lease including, in the
absence of the administrator finding circumstances
to the contrary, the following:
a. Financial segregations which do not
involve a division of land through transfer of
simple title. This exemption is limited to mort-
gages or deeds of trust executed solely for the
purpose of securing financial obligations that
are conducted in all respects in compliance with
the laws governing same.
b. A division by court order limited to
the following and not including voluntary transfers
of land in lieu of compliance with the applicable
judicial procedures governing them: mortgage or
deed of trust foreclosures, and property distribu-
tions between spouses pursuant to separation or
dissolution proceedings.
2. The sale or transfer of a "parcel" as
defined by Section 14.10.170 B of this title."
Section 3. Section 14.10.240 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.10.240 Short subdivision. 'Short Subdivision'
means the division or redivision of land into four or
less lots for the purpose of sale, lease, or transfer
of ownership in the present or future except as provided
in Section 14.05.100 (D) (G) of this title:"
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Section 4. Section 14.10.270 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.10.270 Subdivision. 'Subdivision' means the
division or redivision of land into five or more lots
for the purpose of sale or lease or transfer of owner-
ship in the present or future except as provided in
Section 14.05.100 (D) (G) of this title."
Section 5. Section 14.15.070 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.15.070 Administrator's approval /disapproval --
Time Limitation. The administrator shall approve,
disapprove, or return for modification all short sub -
division applications within thirty (30) calendar days
from the date of filing thereof, unless the applicant
consents to an extension of such time period. In
reaching his conclusion to approve or disapprove short
subdivisions, the administrator shall determine whether
the requirements of this title have been satisfied and
make a formal written finding of fact as to whether
the short subdivision conforms with the standards of
the City of Yakima Zoning Ordinance and other applicable
land use controls."
Section 6. Section 14.25.010 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.25.010 Approval required. It shall be unlawful
for any person to divide land so as to constitute a
subdivision with the City of Yakima, or to enter into
any contract for the sale or lease of any lot in a
preliminary subdivision, except as provided by Section
14.05.095 of this title, without first complying with
the provisions of this title applicable to such division
of land.
Section 7. Sub Section 14.25.080 A of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.25.080 Notice of public hearing.
A. Notice of public hearing before. the City Planning
Commission shall be given by the Secretary of the Planning
Commission in the following manner:
1. By publication of at least one notice
not less than ten ( calendar days prior to
the hearing in a newspaper of general circula-
tion within Yakima County and a newspaper of
general circulation in the area where the real
property to be subdivided is located.
2. By notice given at least ten (10)
calendar days prior to the date of the hearing
by mailing such notice to the owners of all
properties within three hundred (300) feet of
the exterior boundaries of the proposed sub-
division, as such owners are shown on the
records of the Yakima County Assessor. If the
owner of the real property which is proposed
to be subdivided owns another parcel or parcels
of real property which lie adjacent to the real
property proposed to be subdivided, notice under
this subsection shall be given to owners of real
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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 sub-
divided."
Section 8. Sub Section 14.25.110 B of the City of Yakima ANL&
IIIP
Municipal Code is hereby amended to read as follows:
"14.25.110 Review by planning commission -- Recommen-
dation required.
B. The Planning Commission shall submit a recommen-
dation for approval or disapproval with its written findings
of fact and conclusions to support the recommendation to
the City Council no later than fourteen (14) days following
its action."
Section 9. •Sub Section 14.25.130 A of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.25.130 Preliminary plat -- Factors to be considered
by city council -- Findings -- Conditions of approval.
A. The City Council shall review the proposed sub-
division and the recommendations and findings of the
Planning Commission. If the Council determines that
standards of Section 14.25.110 of this title are satisfied,
then it shall approve the preliminary plat. If the Council
determines that the standards of Section 14.25.110 of
this title have not been satisfied, then it shall disapprove
the preliminary plat or return it for modifications. In
the event that a public hearing is held by the Council
to consider changing the. Planning Commission's recommen-
dation and findings, the Council shall adopt its own
findings regarding the standards of Section 14.25.110 of
this title. No preliminary plat shall be approved until
the Council makes a formal written finding of fact that
the proposed subdivision conforms with the City of Yakima
Zoning Ordinance and other applicable City land use controls."
Section 10. Sub Section 14.25.160 A of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.25.160 Preliminary plat -- Expiration of approval --
Extension -- Conditions.
A. Approval of preliminary plats of proposed sub-
divisions shall expire three years from the date of City
Council approval thereof. The Council shall, upon written
application of the subdivider at least thirty (30) days
prior to such expiration, grant an extension for a maximum
period of one year upon showing that the applicant has
attempted in good faith to submit the final plat within
the three year period."
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Section 11. Sub Section 14.25.210 B of the City of Yakima
Municipal Code is hereby amended to read as follows:
"14.25.210 Final plat approval.
B. The City Council shall review the final plat
during the public meeting and shall approve the final
plat if the Council determines that the final plat con-
forms to the conditions of preliminary plat approval,
applicable state laws, and that the final plat meets the
requirements of this title as it existed at the time of
preliminary plat approval."
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Section 12. Section 14.05.025 is hereby enacted as a
new Section of the City of Yakima Municipal Code to read as
follows:
"14.05.025 Amendments.
A. The Yakima City Planning Commission shall
consider in public hearing any proposed amendments to,
or the repeal of, this title and submit a recommenda-
tion thereon to the Yakima City Council. Public
notice of the hearing before the Yakima City Planning
Commission shall be provided in the following manner:
1. By publication of at least one notice
not less than ten (10) calendar days prior to
the public hearing in the official City news-
paper.
2. Additional notice shall be given to
individuals and organizations which have sub-
mitted written requests for notice by mailing
of a notice not less than ten (10) calendar
days prior to the public hearing.
B. The Yakima City Council shall consider in public
hearing any proposed amendments to, or repeal of, this
title along with the recommendation of the City Planning
Commission thereon. Public notice of the hearing before
the City Council shall be given in the same manner as
for the Planning Commission hearing."
Section 13. Section 14.05.095 is hereby enacted as a
new Section of the City of Yakima Municipal Code to read as
follows:
"14.05.095 Preliminary plats -- Offers and agreements
to sell lots. If performance of an offer or agreement to
sell, lease, or otherwise transfer a lot following pre-
liminary plat approval is expressly conditioned on the
recording of the final plat containing the lot, the offer
• or agreement does not violate any provision of this title.
All payments on account of an offer or agreement conditioned
as provided in this section shall be deposited in an escrow
or other regulated trust account and no disbursement to
sellers shall be permitted until the final plat is recorded."
Section 14. Section 14.10.035 is hereby enacted as a
new Section of the City of Yakima Municipal Code to read as
"14.10.035 Binding site plan. 'Binding site plan'
means a drawing at a scale of one inch (1") equals one
hundred feet ( which:
• A. Identifies and shows the areas and locations
of all streets, utilities, open spaces, and improvements
required by the City of Yakima.
• B. Contains inscriptions or attachments setting
forth the limitations and conditions for the use of the
land as established by the City of Yakima.
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C. Contains provisions acceptable to the City of
Yakima which will insure that development and land use
of the site will be in conformity with the site plan.
D. Has been signed by the administrator certifying
that the site plan conforms to an approved Planned
Development Zone in accordance with the provisions of
Chapter 12.50, Yakima Municipal Code (City of Yakima
Zoning Ordinance)."
Section 15. Section 14.25.025 is hereby enacted as a
new Section of the City of Yakima Municipal Code to read as
follows:
"14.25.025 Simultaneous review. Unless an applicant
for preliminary plat approval requests otherwise, a pre-
liminary plat shall be processed simultaneously with
applications for rezones, variances, planned unit devel-
opments, site plan approvals, and similar quasi-judicial
or administrative actions to the extent that procedural
requirements applicable to these actions permit simultaneous
processing."
Section 16. This ordinance shall be in full force and
effect thirty days after its passage, approval and publication
.as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 1st
day of December , 1981.
,041
- - r Mayor
ATTEST:
City C rk f.
Ilk
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