HomeMy WebLinkAbout1998-065 Plats ORDINANCE 98- 65
AN ORDINANCE relating to the division of land; regulating short subdivisions,
subdivisions, preliminary plats, final plats, and binding site plans;
prescribing general design standards; prescribing powers and duties of
public officials, public bodies and others in relation thereto; providing
for enforcement thereof and providing penalties for violations thereof;
repealing existing Title 14, "Subdivisions," of the City of Yakima
Municipal Code; and enacting a new Title 14, "Subdivisions," and new
chapters and sections thereof, all of the City of Yakima Municipal
Code.
WHEREAS, RCW 58.17.030 requires that the division or redivision of land into five or
more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of
ownership, also known as "subdivision" of land, shall generally comply with the provisions of
chapter 58.17 RCW; and
WHEREAS, RCW 58.17.060 authorizes and requires cities within the State of
Washington to adopt regulations and procedures for short subdivision of land, including
appointment of administrative personnel for the summary approval of division or redivision
of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease,
or transfer of ownership, and of short plats, subject to the authorization provided by RCW
58.17.020 that the legislative authority of any city or town may by local ordinance increase
the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of
nine; and
WHEREAS, the Regulatory Reform Act, chapter 347, Washington Laws of 1995,
generally codified as chapter 36.70B RCW requires that subdivision applications be processed
according to a new statutory framework for project permitting; and
WHEREAS, the City of Yakima's current subdivision ordinances have not been fully
revised since adoption in 1978; and
WHEREAS, the State Subdivision Act, chapter 58.17 RCW, has also undergone
substantial amendment which is not reflected in the City's current subdivision ordinances;
and
WHEREAS, pursuant to the provisions of the Urban Area Regional Planning Agreement,
the Regional Planning Commission and the Joint Board have reviewed and recommended the
following proposed subdivision regulations for enactment by the City of Yakima in
satisfaction of the GMA requirements; and
WHEREAS, the City Council has reviewed the following proposed subdivision
regulations and finds it is in the best interests of the City that they be enacted by the City of
Yakima; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Each existing chapter and section of Title 14, "Subdivisions," of the City of
Yakima Municipal Code is hereby repealed in its entirety.
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Section 2. There are hereby enacted new chapters and sections of Title 14, "Subdivisions," of
the City of Yakima Municipal Code, which new chapters and sections shall be numbered and
entitled and shall read as follows:
1 TITLE 14
2 SUBDIVISIONS
3 List of Chapters:
4 14.05 General Provisions
5 14.10 Definitions
6 14.15 Short Subdivision— Procedure
7 14.20 Subdivision— Procedure
8 14.25 Subdivision— Design Requirements
9 14.30 Subdivision— Improvement Requirements
10 14.35 Binding Site Plans
11 14.40 Subdivision and Short Subdivision Enforcement Provisions
12 Chapter 14.05
13 GENERAL PROVISIONS
14 Sections:
15 14.05.010 Short title.
16 14.05.020 Purpose and interpretation.
17 14.05.030 Approval required.
18 14.05.040 Administration.
19 14.05.050 Authority.
20 14.05.060 Scope.
21 14.05.070 Amendments.
22 14.05.080 Effect of partial invalidity.
23 14.05.090 Effect on existing rights.
24 14.05.100 Savings.
25 14.05.110 Effect of heading and references.
26 14.05.120 Existing permits to remain in force.
27 14.05.130 False representation prohibited.
28 14.05.140 Uniformity of application.
29 14.05.150 Preliminary plats— offers and agreements to sell lots.
30 14.05.160 Exemptions.
31 14.05.170 Qualified exemptions.
32 14.05.180 Effect of filing completed application.
33 14.05.190 Time periods— computation.
34 14.05.200 Allowance of bond in lieu of actual construction of improvements prior to
35 approval of short plat or final plat.
36 14.05.010 Short title.
37 This Title 14, "Subdivisions," of the City of Yakima Municipal Code shall constitute the
38 "Subdivision Code" of the City of Yakima and may be cited as such.
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39 14.05.020 Purpose and interpretation.
40 This subdivision code is enacted pursuant to the laws of the State of Washington,
41 particularly chapter 58.17 RCW, and also in exercise of the police powers of the City of
42 Yakima. The purposes of this subdivision code include protection and preservation of the
43 public health, safety and general welfare in accordance with standards established by chapter
44 58.17 RCW; to prevent overcrowding land; to lessen congestion in the streets and highways;
45 to promote effective use of land; to promote safe and convenient travel by the public on
46 streets and highways; to provide for adequate light and air; to facilitate adequate provision for
47 water, sewerage, utilities, drainage, parks and recreation areas, sites for schools and school
48 grounds and other public requirements; and to provide for proper ingress and egress. This
49 subdivision code is also intended to provide for expeditious review and approval of proposed
50 subdivisions which conform to City zoning standards, plans, development standards, and
51 policies; to adequately provide for the housing and commercial needs of the citizens of the
52 City; and to require uniform monumenting of land subdivisions and conveyancing by
53 accurate legal description. All provisions of this subdivision code shall be liberally construed
54 for the accomplishment of that purpose.
55 14.05.030 Approval required.
56 It shall be unlawful for any person to divide land so as to constitute a subdivision or short
57 subdivision, or to enter into any contract for the sale or lease of lot in a preliminary
58 subdivision within the City of Yakima, except as provided by chapter 58.17 RCW, and
59 without first complying with the applicable provisions of this title.
60 14.05.040 Administration.
61 A. The Director of Community & Economic Development of the City of Yakima,
62 referred to in this title as the Administrator, shall be responsible for administering and
63 interpreting the provisions of this title.
64 B. The Administrator may prepare and require the use of such forms as are deemed
65 necessary to administer this title.
66 14.05.050 Authority. -
67 Pursuant to chapter 58.17 RCW, primary authority for subdivision and short subdivision
68 of land in the City of Yakima is vested in'the City Council as the legislative body. Pursuant
69 to RCW 58.17.060, the Yakima City Council delegates responsibility for final determination
70 of proposed short plats and boundary line adjustments to the Planning Administrator, or his
71 or her designee. Pursuant to chapter 58.17 RCW and § 1.43.080 YMC, the Hearing Examiner
72 is authorized to make a recommendation to the City Council on preliminary plats and
73 modifications to preliminary plats, and to make final decisions on requests for preliminary
74 plat extension under § 58.17.140 RCW, plat amendment and plat vacation. The City Council
75 shall make final decisions on all on preliminary plats, modifications to approved preliminary
76 plats and final plats.
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77 14.05.060 Scope.
78 Any division, redivision, platting or subdivision of land into lots, tracts, parcels, sites or
79 divisions for the purpose of sale, lease, or transfer of ownership shall comply with the
80 provisions of this title
81 14.05.070 Amendments.
82 A. The Regional Planning Commission shall consider in public hearing any proposed
83 amendments to, or the repeal of, this title and submit a recommendation thereon to the
84 Yakima City Council. Public Notice of the hearing before the Regional Planning
85 Commission shall be provided in the following manner:
86 1. By publication of at least one notice not less than ten (10) calendar days prior to the
87 public hearing in the official City newspaper.
88 2. Additional notice shall be given to individuals and organizations which have submitted
89 written requests for notice by mailing of a notice not less than ten (10) calendar days prior to
90 the public hearing.
91 B. The Yakima City Council shall consider in public hearing any proposed amendments
92 to, or repeal of, this title along with the recommendation of the Regional Planning
93 Commission thereon. Public notice of the hearing before the City Council shall be given in
94 the same manner as for the Regional Planning Commission hearing.
95 14.05.080 Effect of partial invalidity.
96 If any provision of this title or its application to any person or circumstance is for any
97 reason held to be invalid, the remainder of this title, or the application of the provisions to
98 other persons or circumstances, is not affected.
99 14.05.090 Effect on existing rights.
100 The repeal by the ordinance enacting this title of any existing ordinance shall neither
101 revive any former ordinances heretofore repealed, nor affect any right existing or accrued, nor
102 any action or proceeding already taken, except as in this title provided.
103 14.05.100 Savings.
104 The enactment of this title shall not terminate, or in any way modify, any liability, civil
105 or criminal, which exists at the date this title becomes effective.
106 14.05.110 Effect of heading and references.
107 Chapter headings, tables of contents, and section titles used in this title do not constitute
108 any part of the law. -
109 14.05.120 Existing permits to remain in force.
110 Except as otherwise provided herein, all permits lawfully issued under the provisions of
111 any ordinance repealed by this ordinance shall remain in force and effect until the expiration
112 thereof unless sooner surrendered or revoked, subject, however, to all other provisions of this
113 title.
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114 14.05.130 False representation prohibited.
115 No person shall make a false statement or representation in any application, statement or
116 report required by this title to be made.
117 14.05.140 Uniformity of application.
118 The provisions of this title shall be applicable and uniform with regard to all divisions,
119 subdivisions or resubdivisions of land into lots, tracts, parcels, sites or divisions of any nature
120 for the purpose of sale or lease in the pre or future within the corporate limits of the City
121 of Yakima.
122 14.05.150 Preliminary plats offers' and agreements to sell lots.
123 An offer or agreement to sell, lease, or otherwise transfer a lot following plat approval
124 which is not expressly conditioned on the recording of plat containing the lot violates this
125 title. All payments on account of an offer or agreement conditioned as provided in this
126 section shall be deposited in an escrow or other regulated trust account and no disbursement
127 to sellers shall be permitted until the final plat is recorded.
128 14.05.160 Exemptions.
129 The provisions of this title shall not apply to divisions and activities described in RCW
130 58.17.040; PROVIDED THAT, in order I to determine whether a proposed boundary line
131 adjustment meets the requirements for ar' exempt action, approval must be received from the
132 Administrator:
133 A. Cemeteries and other burial plots 'While used for that purpose.
134 B. Division of land into parcels in which the smallest parcel created by the division is
135 forty acres in area or more, or that which! is defined in the instrument of division as
136 one - quarter of a quarter section of land; provided that for the purpose of computing the size
137 of any lot under this item which borders il on a street or road, the lot size shall be expanded to
138 include that area which would be bounded by the centerline of the road or street and the side
139 lot lines of the lot running perpendicular to such centerline.
140 C. Division made by testamentary provisions, or the laws of descent.
141 D. A division for the purpose of lease when no residential structure other than mobile
142 homes or travel trailers are permitted to be placed upon the property in accordance with the
143 provisions of Title 15 of the Yakima Municipal Code and a binding site plan for the use of the
144 property has been filed for record with th e Yakima County Auditor.
145 E. A division not for the purpose of sale or lease in the present or future. For purposes of
146 this exemption, the following divisions shall be presumed, when considered by themselves in
147 the absence of surrounding circumstances' to the contrary, not to be for such purpose:
148 1. Administrative segregations in thel,Yakima County Assessor's Office made solely for
149 the purpose of levy, assessment, collection, payment or exemption of real property taxes
150 pursuant to applicable state statutes.
151 2. Annexations accomplished pursuant to and in accordance with all pertinent statutory
152 and local rules and regulations governing 'them.
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153 3. Acquisitions of fractional parts of land being of insufficient area or dimension to meet
154 minimum zoning requirements for width or area, by public bodies for the purpose of future
155 use as public highways or public utility ways.
156 4. The sale or lease of a condominium unit subject to the provisions of Washington State
157 Horizontal Property Regimes Act (chapter 64.32 RCW).
158 F. Boundary Line Adjustments. Applications for boundary line adjustments shall be
159 submitted to the Office of Environmental Planning on forms provided by the Administrator
160 and shall be accompanied by a non - refundable application fee according to the current fee
161 schedule as adopted by City Council.
162 1. Requirements for a Complete Application. An applicant for a boundary line
163 adjustment shall submit the following, which shall be necessary for continued processing:
164 a. A scale drawing which depicts the existing property configuration, including all lot
165 line dimensions.
166 b. A scale drawing which depicts the proposed property configuration, including all lot
167 line dimensions.
168 c. A legal description of the existing property configuration and proposed property
169 configuration, prepared by a licensed professional engineer or professional land surveyor.
170 2. Criteria for Approval. The Administrator shall approve an application for a boundary
171 line adjustment if:
172 a. No additional lot, tract, parcel, site or division will be created by the proposed
173 adjustment.
174 b. No lot is created or modified which contains insufficient area or dimensions to meet
175 the minimum requirements of the zone in which the affected lots are.situated.
176 c. No lot is created or modified which does not have adequate drainage, water supply and
177 sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing
178 easement in favor of the public is rendered impractical to serve its purpose; and
179 d. The boundary line adjustment is consistent with the applicable provisions of Title 15.
180 G. Division of land into lots or tracts classified for industrial or commercial use pursuant
181 to chapter 12.50 YMC when the City has approved a binding site plan. When the binding site
182 plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site
183 plan shall be filed for record in the Yakima County Auditor's Office.
184 14.05.170 Qualified exemptions.
185 A. The Administrator may exempt the following actions from the requirements of this
186 title as not constituting divisions of land for the purpose of sale or lease:
187 1. A division provided by law not for the purpose of sale or lease including, in the
188 absence of the Administrator finding circumstances to the contrary, the following:
189 a. Financial segregations which do not involve a.division of land through transfer of fee
190 simple title. This exemption is limited to mortgages or deeds of trust executed solely for the
191 purpose of securing financial obligations that are executed and maintained in all respects in
192 compliance with the governing laws.
193 b. A division by court order limited to the following and not including voluntary
194 transfers of land in lieu of compliance with the applicable judicial procedures governing them:
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195 mortgage or deed of trust foreclosures, and property distributions between spouses pursuant .
196 to separation or dissolution proceedings.
2. The sale or transfer of a "parcel" as defined by S 14.10.160(B) of this title.
198 B. Applications for qualified exemptlions shall be submitted to the Office of
199 Environmental Planning on forms provided by the Administrator and shall be accompanied
200 by a non - refundable application fee according to the current fee schedule as adopted by City
201 Council. The Administrator may require submittal of pertinent instruments, court orders,
202 affidavits and the like sufficient to determine whether any specific action may be exempt.
203 C. Exemption may be allowed by the Administrator for only those actions which do not
204 contravene the spirit and intent of this tide and applicable state statutes.
205 14.05.180 Effect of filing completed application.
206 A. A proposed division or subdivision of land shall be considered under the subdivision
207 code and zoning or other land use control ordinances in effect at the time a fully completed
208 application for preliminary plat approval or short plat approval of the subdivision has been
209 submitted to the Administrator.
210 B. Limitations, requirements, or other conditions of approval imposed under this title
211 shall not preclude imposition of other conditions under the State Environmental Policy Act
212 ( "SEPA "), chapter 43.21C RCW, and the City's SEPA regulations, chapter 6.88.
213 14.05.190 Time periods— computation.
214 Any period of time prescribed or allowed by this title not include the day of the act,
215 event, or default that begins the period. The last day of the period shall be included, but if the
216 last day is a Saturday, Sunday or legal holiday, the period shall run through the close of
217 business on the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the
218 period of time prescribed or allowed is less than seven days, the computation shall not include
219 Saturday, Sunday, or legal holidays.
220 14.05.200 Allowance of bond in lieu of actual construction of improvements prior to
221 approval of short plat or final plat.!
222 A. The subdivision or short subdivision applicant may, as an alternative to actual
223 construction of any required improvements, provide a surety bond or other secure method
224 providing for and securing to the City the actual construction of required improvements
225 within a specified period of time and expressed in a bond or other appropriate instrument
226 establishing such security. Any bond or other method of securing actual construction of
227 required improvements shall specify the improvements covered and the schedule for
228 completion.
229 B. In cases of subdivision, the bond or other method of securing actual construction of
230 required improvements shall be subject to approval by the City Engineer and City Attorney
231 after approval of the preliminary plat by the City Council. In cases of short subdivisions, the
232 bond or other method of securing actual construction of required improvements shall be
233 subject to approval by the City Engineer and City Attorney prior to approval of the short
234 plat by the Administrator. In no case shall the amount of the bond or other method of
235 securing actual construction of required improvements be less than 110% of the estimated
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236 actual cost of the improvements based upon the approved civil engineering design of the
237 required improvements.
238 Chapter 14.10
239 DEFINITIONS
240 Sections:
241 14.10.010 Scope and construction of terms.
242 14.10.020 Administrator.
243 14.10.036 Alley.
244 14.10.040 Binding site plan. •
245 14.10.050 Block.
246 14.10.060 City.
247 14.10.070 Comprehensive plan.
248 14.10.080 Dedication.
249 14.10.090 Development agreement.
250 14.10.100 Divide.
251 14.10.11 Double frontage lot.
252 14.10.120 Easement.
253 14.10.130 Final plat.
254 14.10.140 Land.
255 14.10.150 Lot.
256 14.10.160 Parcel.
257 14.10.170 Person.
258 14.10.180 Preliminary plat.
259 14.10.190 Right -of -way.
260 14.10.200 Short plat.
261 14.10.210 Short subdivision.
262 14.10.220 Subdivision applicant.
263 14.10.230 Subdivision.
264 14.10.240 Survey monument.
265 14.10.010 Scope and construction of terms.
266 A. Words, phrases and terms used in this title shall have the meaning given to them in this
267 chapter except where otherwise defined, and unless a different meaning clearly appears. from
268 the context.
269 B. Reference in this title to any council, commission, committee, body, group, agency,
270 department, office, official or municipal employee shall mean such entity of the City of
271 Yakima except where otherwise stated or required by context.
272 C. When consistent with the context, words and phrases used herein shall include the
273 past, present and future tenses; the masculine, feminine and neuter genders; and the singular
274 and plural.
275 D. The word "may" as used herein is permissive and authorizes use of discretion in
276 making a decision; the word "shall" as used herein is mandatory, allowing no discretion, and
277 requires the specified action or result.
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278 14.10.020 Administrator.
279 "Administrator" means the Director 'of Community & Economic Development or
280 his /her designee.
281 14.10.030 Alley.
282 "Alley" means a public right -of -way used primarily as a secondary means of access to
283 residences and business establishments.
284 14.10.040 Binding site plan.
285 "Binding Site Plan" means a drawing 'lat a scale of one inch (1") equals one hundred feet
286 (100') which:
287 A. Identifies and shows the areas and locations of all streets, utilities, open spaces, and
288 improvements required by law or as conditions of approval.
289 B. Contains or refers to a development agreement setting forth the limitations and
290 conditions for the use of the land as established by the City of Yakima.
291 C. Contains provisions acceptable to the City of Yakima that will ensure that
292 development and land use of the site will conform to the approved site plan.
293 D. The Administrator has certified conforms to an approved Planned Development in
294 accordance with the provisions of Title 15, Yakima Municipal Code ( "Yakima Urban Area
295 Zoning Ordinance ").
296 E. Meets the requirements of chapter 14.35 of this title.
297 14.10.050 Block. I
298 "Block" means a group of lots, tracts, or parcels within well defined and fixed boundaries.
299 14.10.060 City.
300 "City" means the City of Yakima, Yakima County, Washington.
301 14.10.070 Comprehensive Plan. .
302 "Comprehensive plan" means the G Plan of the City of Yakima codified at
303 S 1.42.070 Yakima Municipal Code, together with amendments and supplements thereto
304 which have been or may hereafter be adopted by the Yakima City Council.
305 14.10.080 Dedication.
306 "Dedication" means the deliberate appropriation of land by an owner for any general and
307 public uses, reserving to himself no other rights than such as are compatible with the full
308 exercise and enjoyment of the public uses to which the property has been devoted. The
309 intention to dedicate shall be evidenced by the owner by the presentment for filing of a final
310 plat or short plat showing the dedication thereon, and the acceptance by the public shall be
311 evidenced by the approval of a short plat by the Administrator or by approval of a final plat
312 by the Yakima City Council.
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3.13 14.10.090 Development agreement.
314 "Development agreement" means an agreement between the owner(s) of property and the
315 City of Yakima pursuant to RCW 36.70B.170 to 210, or as such statutes may be supplemented
316 or amended.
317 14.10.100 Divide.
318 "Divide" means any action or transaction, not otherwise exempt or provided for under
319 the provisions of this title, which alters or affects the shape, size, or legal description of any
320 part of an owner's "land" as defined by this title. Sale of a condominium unit and rental or
321 lease of a building, facility or structure that does not alter or affect the legal description of an
322 owner's "land" shall not constitute a division.
323 14.10.110 Double frontage lot.
324 "Double frontage lot" means a lot having frontage on two parallel or approximately
325 parallel streets other than alleys.
326 14.10.120 Easement.
327 "Easement" is a grant by a property owner to specific persons or to the public to enter
328 onto, cross, or otherwise to use land for a specific purpose or purposes.
329 14.10.130 Final plat.
330 "Final plat" means the final drawing of the subdivision and any associated dedication
331 prepared for filing for record with the Yakima County Auditor which conforms to the
332 requirements of this title.
333 14.10.140 Land.
334 "Land" means a lot or parcel of real property.
335 14.10.150 Lot.
336 "Lot" means a unit of land having defined boundaries and shown on a final plat or short
337 plat officially recorded in the Yakima County Auditor's Office.
338 14.10.160 Parcel.
339 "Parcel" means a unit of land having defined boundaries and not shown on an officially
340 recorded final plat or short plat and is limited to the following:
341 A. A division of land defined in a legally executed deed prior to December 9, 1978.
342 B. A division of land created by sale, lease, or option contract legally executed prior to
343 December 9, 1978, which presently remains a binding and enforceable commitment between
344 the parties thereto, their successors and assigns.
345 C. The remaining division of land created as a result of actions defined by Subsection A
346 and B above.
347 D. A taxation parcel, also known as a "tax parcel," which was created prior to
348 December 9, 1978, for the purpose of creating divisions of land which were exempt from
349 platting requirements. Taxation parcels which were created administratively by the Yakima
350 County Assessor's Office solely for tax purposes, but which otherwise are not parcels created
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351 by legal subdivision. Examples of taxation parcels created solely for tax purposes include,
352 senior citizen segregations, special district segregations, deed of trust or mortgage segregations,
353 and segregations for tax exemption purposes.
354 14.10.170 Person.
355 "Person" means an individual, firm, partnership, corporation, company, association,
356 syndicate or any other legal entity, including a trustee, receiver, assignee, or representative
357 thereof.
358 14.10.180 Preliminary plat.
359 "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing
360 the general layout of streets and alleys, lots, blocks and other elements of a subdivision
361 consistent with the requirements of this title. The preliminary plat shall be the basis for the
362 approval or disapproval of the general layout of a subdivision. See chapter 14.20 for
363 additional requirements of preliminary plats.
364 14.10.190 Right - of - way.
365 "Right -of -way" means land dedicated to public use and maintained for existing or future
366 public access.
367 14.10.200 Short plat.
368 "Short plat" means the map or representation of a short subdivision that conforms to the
369 requirements of this title.
370 14.10.210 Short subdivision.
371 "Short subdivision" means the division or re- division of land into nine or fewer lots for
372 the purpose of sale, lease, or transfer or ownership in the present or future except as provided
373 in § 14.05.120 of this title.
374 14.10.220 Subdivision applicant.
375 "Subdivision applicant" means any person, as defined by § 14.10.170 of this title, who
376 undertakes to create a subdivision or short subdivision pursuant to the requirements of this
377 title. •
378 14.10.230 Subdivision.
379 "Subdivision" means the division or re- division of land into ten or more lots for the
380 purpose of sale, lease, or transfer of ownership in the present or future except as expressly
381 exempted by this title.
382 14.10.240 Survey Monument.
383 "Survey monument" means a physical object marking a survey corner which is
384 constructed and installed by a registered land surveyor of the State of Washington as a result
385 of a land survey and in accordance with the standards established by RCW 58.17.240.
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386 Chapter 14.15
387 SHORT SUBDIVISION— PROCEDURE
388 Sections:
389 14.15.010 Preliminary application for short subdivision— requirements.
390 14.15.020 Criteria for approval.
391 14.15.030 Findings and conclusions.
392 14.15.040 Preliminary application— Administrator's approval /disapproval— time
393 limitation.
394 14.15.050 Public notice of short plat application.
395 14.15.060 Final short plat— time limitation.
396 14.15.070 Land survey requirements.
397 14.15.080 Final short plat contents.
398 14.15.100 Approval of short subdivision— notice to parties of record.
399 14.15.110 Short plat decision— appeals.
400 14.15.120 Appeal of administrative official's decision.
401 14.15.130 Appeal of Hearing Examiner's decision.
402 14.15.140 City Council action on appeal of Hearing Examiner's decision.
403 14.15.150 Appeal of City Council's decision.
404 14.15.160 Effect of appeals.
405 14.15.170 Actions not appealable.
406 14.15.180 Approval of short subdivision— filing.
407 14.15.190 Resubdivision restricted.
408 14.15.200 Short plat amendment.
409 14.15.010 Preliminary application for short subdivision— requirements.
410. A. An application for a short subdivision may be made by an owner or owners of land, or
411 by an authorized agent of an owner or owners, or by a duly authorized representative of any
412 governmental agency if the short subdivision is sought for a governmental purpose and such
413 application shall be filed with the City Office of Environmental Planning.
414 B. Each application for a short subdivision shall include the following, which shall be
415 necessary for continued processing:
• 416 1. A written application on a form provided by the Office of Environmental Planning
417 and signed by the landowner or his /her authorized agent.
418 2. A legible and reproducible drawing at a scale of 1 inch equals one hundred (100) feet or
419 larger of the entire contiguous tract owned by the applicant, which shall show:
420 a. Name and address of owner(s) whose properties are shown on the map.
421 b. North arrow.
422 c. Date of preparation.
423 d. The name, location and width of all streets and alleys abutting the property.
424 e. Tract and lot identification, lot lines, and dimensions of each lot.
425 f. Approximate location of existing improvements, buildings and permanent structures.
426 g. Size and location of water, sewer, and utility easements proposed to serve the lots to be
427 created and their point of connection with existing services.
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428 h. If requested by the Administrator, contour lines at two (2) foot elevation intervals for
429 slopes less than 10% and five (5) foot intervals for slopes more than 10 %. Elevations shall be
430 based on City of Yakima datum if available.
431 3. A nonrefundable application fee according to the current fee schedule as adopted by
432 City Council.
433 14.15.020 Criteria for approval.
434 The. Administrator shall approve the short subdivision and short plat if, and only after,
435 he /she makes written findings and conclusions that:
436 A. The application complies with the general requirements for short subdivision approval
437 as specified by this chapter.
438 B. The proposed short subdivision appropriately provides for the public health, safety
439 and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public
440 ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds,
441 schools and school grounds and shall consider all other relevant facts, including sidewalks and
442 other planning features that assure safe walking conditions for students who walk to and from
443 school. The Administrator may determine that other considerations are appropriate to
444 evaluate as criteria for approval.
445 C. The short subdivision and any associated dedication will serve the public interest.
446 14.15.030 Findings and conclusions.
447 The Administrator shall not approve a short plat and short subdivision unless he /she
448 makes written findings that:
449 A. The application complies with all laws and regulations.
450 B. Appropriate provisions are made for the public health, safety and general welfare and
451 for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops,
452 potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools
453 and school grounds and all other relevant facts, including sidewalks and other planning
454 features that assure safe walking conditions for students who walk to and from school, and
455 such other considerations the Administrator determines are appropriate.
456 C. The short subdivision and any associated dedication will serve the public interest.
457 14.15.040 Preliminary application— Administrator's approval /disapproval— time
458 limitation.
459 Upon receiving a short subdivision application, the Administrator shall have twenty -eight
460 (28) days to determine if the application is complete. Within twenty -eight (28) days of the
461 preliminary application the Administrator will determine if,a complete application has been
462 submitted. Only those preliminary applications deemed complete will be processed further.
463 Incomplete preliminary applications will be returned to the applicant together with a notice
464 of deficiencies. Following the determination that the application is complete, the
465 Administrator shall approve, disapprove, or return for modification all preliminary short
466 subdivision applications within thirty (30) days from the date of determination that a
467 complete application has been received, unless the applicant consents to an extension of such
468 time period. In reaching his /her conclusion to approve or disapprove short subdivisions, the
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469 Administrator shall determine whether the requirements of this title have been satisfied and
470 make a formal written finding of fact as to whether the short subdivision is consistent with
471 the standards of the City of Yakima Zoning Ordinance and Comprehensive Plan.
472 14.15.050 Public notice of short plat application.
473 Within ten (10) calendar days after the short plat application is determined to be complete,
474 notice of the short plat application shall be sent by first -class mail to all owners, as shown on
475 the records of the Yakima County Assessor, of land located within three hundred feet of
476 either (1) the land proposed to be subdivided or (2) any land adjacent to the land proposed to
477 be subdivided which is also owned by an owner of the land proposed to be subdivided.
478 14.15.060 Final short plat time limitation.
479 Following preliminary short plat approval the applicant will have 18 months in which to
480 comply with the conditions of approval and submit the final short plat. This approval may
481 be extended up to one additional year by action of the Administrator. Requests for extension
482 must be in writing to the Planning Department and must be received prior to the expiration
483 date of initial approval.
484 14.15.070 Land survey requirements.
485 A. A final short plat of land shall be prepared by or under the supervision of a registered
486 land surveyor of the State of Washington as a result of a.land survey.
487 B. All proposed short plats shall be referenced either from /to two (2) monumented
488 section or quarter section corners, or from /to two (2) other suitable permanent control
489 monuments. --
490 C. Each lot corner established by a land survey shall be marked by a permanent survey
491 monument.
492 14.15.080 Final short plat contents.
493 A final short plat shall be legibly drawn, printed, or reproduced by a process guaranteeing
494 a permanent record in black on mylar or equivalent and shall be eighteen (18) inches by
495 twenty -four (24) inches in size. It shall show:
496 A. All lots or parcels, which include land, proposed to be divided.
497 B. The taxation parcel number or numbers assigned by the Yakima County Assessor to
498 land proposed to be divided.
499 C. The house address for each lot shown upon the short plat.
500 D. The names or recording numbers of any contiguous subdivisions or short subdivisions.
501 E. Lot corners and lines marking the division of the land into nine or fewer lots.
502 F. Location, size, purpose and nature of existing roads, streets, utilities, rights -of -way, and
503 easements adjacent to, or across, the land proposed to be divided.
504 G. Location of any roads, rights -of -way, or easements proposed to serve the lots within
505 the proposed short plat with a clear designation of their size, purpose and nature.
506 H. North arrow and scale.
507 I. The acknowledged signatures of all fee simple owners and other parties having interest
508 in the lands being subdivided as enumerated in subsections (1)(b) and (2)(b) of this section, as
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509 well as the acknowledged signatures of all owners of property over which access or utility
510 easements pass unless such easements are previously or simultaneously recorded by separate
511 instrument in the County Auditor's office, certifying the following:
512 1. In the case of a short subdivision not containing a dedication:
513 a. A full and correct legal description of the land proposed to be divided as it appears on
514 the short plat.
515 b. A statement of free consent in substantially the following form, the reference to
516 easements to be omitted where not applicable:
517 Know all persons by these presents that
518 are the fee simple owners of the land hereon
519 described; have with their free consent and in accordance with their desires
520 caused the same to be surveyed and short platted as shown hereon; and do
521 hereby grant and reserve the easements as shown hereon for the uses indicated
522 hereon.
523
524 (Name)
525
526 (Name)
527 2. In the case of a short subdivision containing a dedication:
528 a. A full and correct legal description of the land to be divided as it appears on the short
529 plat;
530 b. A statement of free consent and waiver of claims for damages in substantially the
531 following form:
532 DEDICATION AND WAIVER OF CLAIMS
533 Know all persons by these presents that
534 are the owners and all other parties
535 having any interest in the land hereon described; have with their free consent
536 and in accordance . with their desires caused the same to be surveyed and short
537 platted as shown hereon; do hereby dedicate those roads and /or rights -of -way
538 shown as public dedications hereon to the use of the public; do hereby waive
539 on behalf of themselves and their successors in interest all claims for damages
540 against the City of Yakima and any other governmental authority which may
541 be occasioned to the adjacent land by the established construction, drainage and
542 maintenance of said dedicated roads and /or rights -of -way; and do hereby grant
543 and reserve the easements as shown hereon for the uses indicated.
544
•
545 (Name)
546
547 (Name)
Page 15 of 39
548 3. If an offer of dedication includes, or is required to include, a waiver of direct access to
549 any street from any property, the appropriate certificate shall additionally recite said waiver;
550 J. A certificate by a registered land surveyor certifying to the accuracy of the survey and
551 short plat in substantially the following form:
552 I, , Professional Land Surveyor, do hereby
553 certify that the short plat as shown is based upon an actual survey in
554 accordance with the requirements of the Survey Recording Act, that the
555 distances, courses and angles are shown hereon correctly, and that the
556 monuments and lot corners have been set on the ground as shown hereon.
557
558 (Surveyor's signature, seal and number)
559 K. County Treasurer's Office certificate in substantially the following form:
560 I hereby certify that all chargeable regular and special assessments collectible by
561 this office that are due and owing on the property described hereon on the date
562 of this certification have been paid. Dated this day of
563 ,19
564 Yakima County Treasurer's Office.
565 By:
566 L. If the short plat lies wholly or in part in an irrigation district, a statement evidencing
567 irrigation water right -of -way in substantially the following form:
568 The property described hereon is wholly or in part within the boundaries of
569 the Irrigation District and all lots within
570 the short plat are subject to the terms, conditions, reservations and obligations
571 in the present and future concerning irrigation water rights -of -way and
572 easements as may be imposed by said district in accordance with the law.
573 M. Administrator's signature block.
574 14.15.100 Approval of short subdivision notice to parties of record.
575 The Administrator shall, after determining that the requirements of this title have been
576 met and that all the proper individuals have signed the short plat, notify all parties of record
577 that the short plat is ready to be approved. An approved short plat shall not be filed within
578 fourteen (14) calendar days after the date of mailing of said notice. Any appeals of the
579 Administrator's decision to approve must be filed within this fourteen (14) day period.
580 14.15.110 Short plat decision- appeals.
581 All appeals authorized under the provisions of this title, except judicial appeals, shall be
582 filed with the Office of Environmental Planning. The Planning Administrator shall forward
583 the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the
584 required notification, and maintain complete records of all appeal hearings unless otherwise
585 provided for in this chapter.
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586 14.15.120 Appeal of administrative official's decision.
587 A. Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency
588 directly affected by any decision of the Planning Administrator may appeal that decision to
589 the Hearing Examiner.
590 B. Appeal. All appeals shall be filed within fourteen days following the mailing of the
591 final decision by the Planning Administrator. Appeals shall be filed with the Office of
592 Environmental Planning.
593 C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the
594 Office of Environmental Planning and shall be accompanied by the required fees. All appeals
595 shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and
596 explain why the action is not consistent with the provisions of the Yakima Urban Area
597 Comprehensive Plan, Yakima Urban Area Zoning Ordinance, this title, or other provisions
598 of law.
599 D. Notice. The Office of Environmental Planning shall set a reasonable time and place
600 for hearing of the appeal and shall notify, all parties of record at least ten days prior to the
601 hearing.
602 E. Transfer of Record. The Planning Administrator shall transmit to the Hearing
603 Examiner true copies of all records pertaining to the proposed short subdivision decision
604 being appealed, together with any additional written report as he /she may determine is
605 • pertinent.
606 F. Action by the Hearing Examiner. The scope of the open record hearing on the appeal
607 shall be limited to issues raised in the appeal application. The Hearing Examiner shall render
608 a written decision on the appeal within ten working days from the conclusion of the hearing
609 unless the subdivision applicant and the examiner mutually agree to a longer period. The
610 Hearing Examiner may affirm or reverse wholly or in part or modify the order, requirement,
611 decision, or determination and to that end shall have all the powers of the officer from whom
612 the appeal is taken. The Department shall send copies of the Hearing Examiner's decision to
613 the appellant and parties of record not later than three working days following the issuance of
614 the final decision.
615 14.15.130 Appeal of Hearing Examiner's decision.
616 A. Appeals. The Hearing Examiner's decision on the appeal shall be final and conclusive
617 unless it is appealed to the City Council by a person or agency affected by the decision in the
618 following manner:
619 1. The appealing party must file a complete written notice of appeal with the Office of
620 Environmental Planning upon forms provided by the department and accompanied by the
621 appeal fee within fourteen days from the date of mailing of the examiner's final decision.
622 2. The notice of appeal shall specify the claimed error(s) and issue(s) which the City
623 Council is asked to consider on appeal and shall specifically state all grounds for such appeal.
624 Issues or grounds of appeal which are not so identified need not be considered by the City
625 Council.
626 B. Appeal Procedures.
627 1. The Office of Environmental Planning shall notify parties of record that an appeal has
628 been filed and that copies of the notice of appeal and any written argument or memorandum
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629 of authorities accompanying the notice of appeal may be obtained from the Office of
630 Environmental Planning. The notice to parties of record shall also state that parties of record
631 wishing to respond to the appeal may submit written argument or memoranda to the
632 legislative body within fourteen days from the date the notice is mailed and shall further
633 specify that such written argument or memorandum shall not include the presentation of new
634 evidence and shall be based only on the record before the Hearing Examiner. A copy of the
635 notice shall be sent to the appellant.
636 2. The appellant or any party of record may submit a written argument or memorandum
637 of authority within fourteen days of the date of mailing of the notice to parties. Such written
638 argument or memorandum of authorities shall be filed with the Office of Environmental
639 Planning. No written argument or memorandum of authorities may be thereafter submitted
640 except as follows. The appellant or parties of record may request, in writing, and the
641 department may, at its discretion and for cause, grant, without prior notice to other parties of
642 record, a fifteen -day extension of time within which written argument or memoranda must be
643 submitted; provided, that the request for extension is made no later than the last date the
644 memorandum would otherwise be due. The legislative body may grant further extensions for
645 good cause shown on a finding by the legislative body of the existence of circumstances which
646 warrant such extensions. Notice of an extension shall be given to all parties of record.
647 Memoranda, written argument or comments shall not include the presentation of any new
648 evidence and shall be based only on the record before the Hearing Examiner.
649 3. When a timely appeal has been filed and the deadline for receipt of written
650 memoranda has passed, the Office of Environmental Planning shall within five days deliver to
651 the City Council a copy of the examiner's decision, the record developed before the examiner,
652 an audio recording of the hearing before the Hearing Examiner and any written argument or
653 memorandum of authority which have been received.
654 14.15.140 City Council action on appeal of Hearing Examiner's decision.
655 A. General. When the record and the Hearing Examiner's decision have been transmitted
656 to the City Council, the Clerk of the City Council shall schedule a date for a meeting of the
657 City Council at which time the City Council shall consider the record upon which the
658 Hearing Examiner's decision was based and the written and oral arguments of the appellant
659 and other parties of record regarding whether the Hearing Examiner's decision was supported
660 by substantial evidence. The date of the public meeting should not be later than twenty days
661 following the date the City Council receives the record from the Office of Environmental
662 Planning.
663 B. Public Notice Meeting on Appeals. The clerk of the City Council shall, by first class
664 mail, notify all parties of record of the date of the closed record public hearing on the appeal.
665 C. Site Views. The City Council may view the site.
666 D. Scope of Review. City Council review of the facts shall be limited to the record before
667 the Hearing Examiner. The'City Council may request additional information or memoranda
668 in order to reach a decision, provided that all parties of record are given an opportunity to
669 respond to any new material provided.
670 E. Action on Appeal. At the closed record public hearing the City Council may adopt,
671 amend and adopt, reject, reverse, amend and reverse the Hearing Examiner's findings,
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672 conclusions, and decision, or the City Council may remand the matter for further
673 consideration or for purpose of taking and considering new factual evidence by the examiner.
674 If the City Council renders a decision different from the decision of the Hearing Examiner,
675 the City Council shall adopt amended findings and conclusions accordingly.
676 14.15.150 Appeal of City Council's decision.
677 The action of the City Council on an appeal of the decision of the Hearing Examiner shall
678 be final and conclusive unless within twenty -one days from the date of final action an
679 aggrieved party obtains an appropriate writ of judicial review from the Yakima County
680 superior court for the purpose of review of the action taken. The appellant shall provide or
681 pay for in advance the cost of preparing any verbatim transcript of proceedings required for
682 judicial appeal. With the consent of the superior court, the parties may agree to provide a
683 verbatim audio record of proceedings for purposes of review by the superior court.
684 14.15.160 Effect of appeals.
685 No short subdivision may be recorded while an appeal to superior court is pending.
686 14.15.170 Actions not appealable.
687 A. Generally. Only final actions or decisions of a reviewing or other official may be
688 appealed under this chapter.
689 B. Procedural Rulings. Interim procedural or other rulings during or as part of a review
690 or decision - making process by a reviewing or other officer under this title are not appealable
691 except as part of the final decision or action.
692 C. Enforcement Actions. No enforcement action for violation of this title is appealable
693 except as expressly provided in chapter 14.40 of this title. No decision or action for issuance
694 of a warning citation or criminal citation by the reviewing official or other proper legal
695 authority is appealable under this chapter nor shall any appeal under this chapter be taken of
696 any enforcement action commenced by any part in a court of law.
697 14.15.180 Approval of short subdivision— filing.
698 Each short plat approved by the Administrator shall be filed for record in the Office of
699 the Yakima County Auditor and shall not be deemed approved until so filed. The owner(s)
700 of the land proposed to be subdivided shall be responsible for payment of all filing fees.
701 14.15.190 Resubdivision restricted.
702 Pursuant to the provisions of RCW 58.17.060, land in an approved short subdivision may
703 not be further divided in any manner within a period of five years without the filing of a final
704 plat under the provisions of chapter 14.20 YMC, except that when the short plat contains
705 fewer than four parcels, nothing in this section, shall prevent the owner who filed the short
706 plat from filing an alteration within the five -year period to create up to a total of four lots
707 within the original short plat boundaries.
Page 19 of 39
708 14.15.200 Short plat amendment.
709 An approved and recorded short plat may be amended or vacated in whole or in part in a
710 manner not involving subdivision by recording an amended short plat in accordance with the
711 following provisions:
712 A. The amended short plat must comply with procedures and requirements of this
713 chapter for original short plat approval.
714 B. The title of the amended short plat shall be:
715 "Short Plat No. ."
716 "Amending Short Plat No. ."
717 C. The amended short plat shall show all of the land shown on the original short plat;
718 shall show all deleted original lot lines as dashed lines; and shall bear the acknowledged
719 signatures of all current fee simple owners and contract purchasers of the affected lots within
720 the original short plat as shown by a current title certificate.
721 D. The amended short plat shall not increase the number of lots included in the original
722 short plat unless the original short plat created fewer than the maximum allowable number of
723 lots. Where fewer than four lots were created an amended short plat may increase the
724 number of lots up to a final total of four.
725 E. Minor errors not involving any change in lot lines may be corrected by the surveyor
726 upon approval of the Administrator by recording an affidavit with the Yakima County
727 Auditor which specifically references the affected short plat by number and sets forth the
728 correction.
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729 Chapter 14.20
730 SUBDIVISION— PROCEDURE
731 Sections:
732 14.20.010 Simultaneous review.
733 14.20.020 Preapplication procedure.
734 14.20.030 Subdivision application- requirements.
735 14.20.040 Preliminary plat preparation.
736 14.20.050 Preliminary plat contents.
737 14.20.060 Determination of complete application.
738 14.20.070 Open record public hearing date established.
739 14.20.080 Notice of open record public hearing.
740 14.20.090 Notice to affected agencies and departments.
741 14.20.100 Review by Hearing Examiner— recommendation required.
742 14.20.110 Preliminary plat— City Council determination at public meeting -
743 procedure for change of recommendation— time limitation for approval or
744 disapproval.
745 14.20.120 Preliminary plat— factors to be considered by City Council— findings -
746 conditions of approval.
747 14.20.121 Preliminary plat— allowance of bond in lieu of actual improvements prior
748 to approval of final plat.
749 14.20.130 Preliminary plat— creation of local improvement district in lieu of actual
750 improvements prior to approval of final plat.
751 14.20.140 Maintenance bond.
752 14.20.150 Preliminary plat- expiration of approval— extension— conditions.
753 14.20.160 Final plat— submission for approval required— copies— fees.
754 14.20.170 Final plat— preparation.
755 14.20.180 Final plat— conformance with preliminary plat approval.
756 14.20.190 Final plat— requirements.
757 14.20.200 Final plat approval.
758 14.20.210 Final plat— recording.
•
759 14.20.220 Final plat— alterations, vacations.
760 14.20.230 Final plat— street vacations.
761 14.20.240 Plat vacation— requirements for complete application.
762 14.20.250 Plat vacation— criteria for approval.
763 14.20.260 Plat alteration— requirements for complete application.
764 14.20.270 Plat alteration— criteria for approval.
765 14.20.010 Simultaneous review.
766 Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat
767 application shall be processed simultaneously with applications for rezones, variances, planned
768 unit developments, site plan approvals, and similar quasi - judicial or administrative actions to
769 the extent that procedural requirements applicable to these actions permit simultaneous
770 processing.
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771 14.20.020 Preapplication procedure.
772 A subdivision applicant shall first prepare and submit a preapplication drawing of the
773 proposed subdivision showing the proposed layout of the lots, streets, and utilities. The
774 Administrator shall then schedule an informal meeting with the subdivision applicant and the
775 Design Services Team (DST) to review the proposal. Based upon information acquired during
776 this meeting, the subdivision applicant may then prepare a preliminary plat and submit an
777 application for the proposed subdivision.
778 14.20.03 Subdivision application— requirements.
779 A. A subdivision application may be submitted by an owner or owners of land, or by an
780 authorized agent of an owner or owners, or by a duly authorized representative of any
781 governmental agency if the subdivision is sought for a governmental purpose, and such
782 application shall be filed with the City Office of Environmental Planning.
783 B. Each subdivision application shall include the following, which shall be necessary for
784 continued processing:
785 1. A written application on a form'provided by the Office of Environmental Planning
786 and signed by the land owner, owners, or authorized agent.
787 2. A current preliminary land title commitment.
788 3. Twenty (20) copies of the proposed preliminary plat of the property, prepared
789 according to the requirements of this title.
790 4. A non - refundable application fee according to the current fee schedule adopted by
791 City Council.
792 5. A completed Environmental Checklist pursuant to the provisions of the State
793 Environmental Policy Act (SEPA) and chapter 6.88 YMC together with a non - refundable
794 processing fee according to the current fee schedule as adopted by City Council.
795 14.20.040 Preliminary plat preparation.
796 The proposed preliminary plat must be prepared by a land surveyor registered in the State
797 of Washington.
798 14.20.050 Preliminary plat contents.
799 The proposed preliminary plat shall be legibly drawn at a scale of one (1) inch equals one
800 hundred (100) feet or larger and shall be at least eighteen (18) inches by twenty -four (24) inches
801 in size. It shall show:
802 A. All existing lots or parcels included in the proposed subdivision.
803 B. The proposed name of the subdivision. This name shall not duplicate any name used
804 on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima
805 County.
806 C. An accurate and complete legal description of the proposed subdivision.
807 D. Scale, north arrow, and date.
808 E. Boundary lines based upon a recent land survey of the land proposed to be subdivided
809 and boundary lines of all proposed lots and streets.
Page 22 of 39
810 F. Location and size of water and sewer lines, utility easements, and drainage system
811 proposed to serve the lots within the proposed subdivision and their point(s) of connection
812 with existing services.
813 G. Location, size, purpose, and nature of existing roads, streets, rights -of -way, and
814 easements adjacent to, or across, the land.
815 H. Location of any streets, rights -of -way, or easements proposed to serve the lots within
816 the proposed subdivision with ,a clear designation of their size, purpose, and nature.
817 I. Parcels of land intended or required to be dedicated for streets or other public
818 purposes.
819 J. Contour lines at two (2) foot elevation intervals for slopes less than 10% and five (5)
820 foot elevation intervals for slopes more than 10 %. Elevations shall be based upon City of
821 Yakima datum if available.
822 14.20.060 Determination of complete application.
823 Upon receiving a subdivision application, the Administrator shall have twenty -eight (28)
824 days to determine if the application is complete. If the application is not complete, the
825 Administrator will notify the applicant of such determination and what is necessary to make
826 the application complete. Within fourteen (14) days after an applicant has submitted
827 additional necessary information, the Administrator shall determine whether or not the
828 application is complete and notify the applicant accordingly.
829 14.20.070 Open record public hearing date established.
830 When the Administrator determines that a complete subdivision application has been
831 submitted, the Administrator shall set a date for an open record public hearing on the
832 application before the Hearing Examiner. The Administrator may establish deadlines for
833 submittal of applications prior to regular monthly Hearing Examiner hearing dates; however,
834 the hearing date shall not be set more than sixty (60) days from the date that an application is
835 determined to be complete.
836 14.20.080 Notice of open record public hearing.
837 A. The City shall give notice of the open record public hearing before the Hearing
838 .Examiner as follows:
839 1. By publication of notice at least once not less than ten (10) calendar days prior to the
840 hearing in a newspaper of general circulation within Yakima County and a newspaper of
841 general circulation in the area where the real property to be subdivided is located.
842 2. At least ten (10) calendar days before the date of the open record public hearing, notice
843 of the hearing shall be'sent by first-class mail to all owners, as shown on the records of the
844 Yakima County Assessor, of land located within three hundred feet of either: (1) the land
845 proposed to be subdivided or (2) any land adjacent to the land proposed to be subdivided
846 which is also owned by an owner of the land proposed to be subdivided.
847 3. Additional notice of such hearing shall be given to the Board of Yakima County
848 Commissioners and the Yakima County Planning Department upon the filing of a
849 preliminary plat of a proposed subdivision adjoining the municipal boundaries of the City of
850 Yakima.
Page 23 of 39
851 4. Additional notice of such hearing shall be given to the Washington State Department
852 of Highways upon the filing of a preliminary plat of a proposed subdivision located adjacent
853 to the right -of -way of a State highway.
854 B. Each notice required by this section shall include the date, hour, and location of the
855 open record public hearing; a legal description of the proposed subdivision; a map or sketch of
856 the vicinity including the proposed subdivision; a description of the location in non -legal
857 language; and a statement that any decisions on the subdivision application will be based on
858 the record established by the open record public hearing, which shall include written
859 materials timely submitted and oral statements made at the hearing, and that after the record
860 is closed by the Hearing Examiner, no additional evidence will be considered.
861 14.20.090 Notice to affected agencies and departments.
862 Upon determining that a subdivision application is complete, the Administrator shall,
863 when he or she determines it appropriate to do so, notify the following agencies and
864 departments of the date, hour, and location of the public hearing, together with a copy of the
865 preliminary plat:
866 A. City Director of Public Works;
867 B. City Office of Code Enforcement;
868 C. City Office of Engineering;
869 D. Yakima County Clean Air Authority;
870 E. Appropriate irrigation district or company;
871 F. Private water company;
872 G. City Fire Department;
873 H. City Police Department;
874 I. Yakima Health District;
875 J. Yakima County Department of Public Works;
876 K. Affected school district;
877 L. Local Office of the Washington State Department of Ecology;
878 M. Local Office of the United States Soil Conservation Service;
879 N. The office of any electrical distribution company servicing the area;
880 O. The office of any .telephone company servicing the area;
881 P. The office of any natural gas company servicing the area.
882 Q. Any other affected utility company or special district.
883 14.20.100 Review by Hearing Examiner recommendation required.
884 A. The Hearing Examiner shall review the proposed subdivision during an open record
885 public hearing to inquire into and determine whether or not the following standards are
886 satisfied:
887 1. The proposed subdivision must be consistent with the provisions of the Urban Area
888 Zoning Ordinance;
889 2. The proposed subdivision must be consistent with the City of Yakima's
890 Comprehensive Plan;
891 3. The proposed subdivision must be consistent with the provisions of this title;
• Page 24 of 39
892 4. As required by chapter 58.17 RCW, the proposed subdivision must make appropriate
893 provisions for:
894 a. Public health, safety, and general welfare;
895 b. Open spaces;
896 c. Drainage ways;
897 d. Streets or roads, alleys, and other public ways;
898 e. Transit stops;
899 f. Potable water supplies, irrigation and other water suppliers;
900 g. Sanitary waste disposal;
901 h. Parks and recreation;
902 i. Playgrounds;
903 j. Schools and school grounds;
904 k. Sidewalks;
905 1. Other planning features that assure safe walking conditions for students who walk to
906 and from school.
907 5. Based upon standards 1 through 4 of this section, a finding that the public use and
908 interest will be served by the approval of this subdivision.
909 B. The Hearing Examiner shall submit a recommendation for approval or disapproval,
910 with written findings of fact and conclusions to support the recommendation, to the City
911 Council no later than ten (10) days following the open record public hearing.
912 14.20.110 Preliminary plat— City Council determination at public meeting -
913 procedure for change of recommendation — time . limitation for approval or
914 disapproval.
915 A. Upon receipt of the recommendation of the Hearing Examiner on any preliminary
916 plat of a proposed subdivision, the City Council shall at its next public meeting set the date
917 for a closed record public hearing to consider the proposed subdivision and the Hearing
918 Examiner's recommendation.
919 B. The City Council shall conduct a.closed record public hearing on all preliminary plats.
920 Review by the Council shall be based upon the record, which shall include all materials
921 properly submitted at any previous stage of the review, the written documents and exhibits
922 and oral comments of the parties and interested persons offered at the open record public
923 hearing, audio /video tapes of the open record public hearing conducted by the Hearing
924 Examiner, the Hearing Examiner's recommendation, and at the Examiner's hearing. The
925 City Council may also consider written or oral remarks regarding the facts in the record as it
926 was developed before and was considered by the Hearing Examiner. Only for good cause
927 shown, as determined by the City Council, may a party submit at the closed record public
928 hearing information which was not part of the record as it was developed before and was
929 considered by the Hearing Examiner. Following the closed record public hearing, the City
930 Council may (1)affirm the decision of the Hearing Examiner, (2) remand the matter back to
931 the Hearing Examiner with appropriate directions, or (3) reverse or modify the Hearing
932 Examiner's recommendation. The City Council shall adopt written findings and conclusions
933 in support of its decision. If the City Council affirms the Hearing Examiner's
934 recommendation to approve or disapprove the preliminary plat, it may adopt the Hearing
Page 25 of 39
935 Examiner's findings, conclusions, and recommendation. If the City Council rejects the
936 Hearing Examiner's recommendation, it shall adopt appropriate findings and conclusions.
937 C. A record of all meetings and hearings concerning the proposed subdivision shall be
938 kept and shall be open to public inspection.
939 D. Each preliminary plat of a proposed subdivision and any associated dedication shall be
940 approved, disapproved, or returned to the applicant for modification or correction within
941 ninety (90) calendar days from the date that an application has been deemed as complete
942 unless the applicant consents to an extension of such time period; provided, that if an
943 environmental impact statement is required as provided in § 43.21C.030 of the Revised Code
944 of Washington, the ninety (90) day period shall not include any of the time devoted by the
945 City to any preparation or circulation of such environmental impact statement.
946 14.20.120 Preliminary plat— factors to be considered by City Council— findings -
947 conditions of approval.
948 A. The City Council shall review the proposed subdivision and the recommendations and
949 findings of the Hearing Examiner. If the Council determines that standards of 5 14.20.120 of
950 this title are satisfied, then it shall approve the preliminary plat. If the Council determines
951 that the standards of 5 14.20.120 of this title have not been satisfied, then it shall adopt its own
952 recommendations and disapprove the preliminary plat.
953 B. The Council shall, in making its determination pursuant to Subsection A of this
954 section, consider the physical characteristics of a proposed subdivision site and may
955 disapprove a proposed plat because of flood, inundation, or swamp conditions. The Council
956 may, as the alternative to disapproval, require construction of protective improvements for
957 flood, inundation or swamp conditions as a condition of approval of the preliminary plat 6f a
958 proposed subdivision. No preliminary plat shall be approved by the Council covering any
959 land situated in a flood control zone as provided in chapter 86.16 of the Revised Code of
960 Washington without the prior written approval of the Washington State Department of
961 Ecology.
962 C. The Council may require dedication of land to any public body as a condition of
963 approval of the preliminary plat of a proposed subdivision. If the proposed subdivision
964 includes a dedication, the Council may require a waiver of the right of direct access to any
965 street from any property.
966 D. The Council shall not require a release from damages to be procured from other
967 property owners as a condition of approval of a proposed subdivision.
968 14.20.121 Preliminary plat— allowance of bond in lieu of actual improvements prior
969 to approval of final plat.
970 A. As an alternative to construction of required improvements prior to final plat
971 approval, the subdivision applicant may provide a surety bond or other secure method
972 acceptable to the City Council which provides for and secures to the City the actual
973 construction of the improvements.
974 B. The value of the bond or security shall be 110% of the estimated cost of the
975 improvements. The estimated cost shall be based upon the approved civil engineering design
976 of the required improvements.
Page 26 of 39
•
977 C. An application for use of a surety bond or other method of security shall be made to
978 the City Engineer and shall describe the method of security to be provided and the estimated
979 cost of the required improvements. The application, including the estimated cost of
980 improvements and the general terms of the security agreement, shall be subject to review and
981 approval by the City Engineer and the City Attorney, who shall notify the subdivision
982 applicant of tentative approval or rejection of the application within fourteen days after its
983 filing.
984 D. After tentative approval of an application has been given by the City Engineer and the
985 City Attorney as provided in Subsection C of this section, the subdivision applicant shall
986 submit the bond or other method of security to the City Engineer for final review and
987 approval.
988 14.20.130 Preliminary plat— creation of local improvement district in lieu of actual
989 improvements prior to approval of final plat.
990' In lieu of the actual installation or construction of required improvements prior to
991 approval of the final plat, the City Council may authorize the creation of a Local
992 Improvement District pursuant to a request therefore made by the owner, the creation of
993 which district, and the lapse of the time period for protests against the creation thereof, shall
994 be deemed by the City to be sufficient assurance that improvements will be installed.
995 14.20.140 Maintenance bond.
996 A. The subdivision applicant shall file with the City Engineer a maintenance bond or
997 propose some other method of security providing for and securing to the City of Yakima the
998 successful operation of required improvements for one (1) year and assuring the correction - or
999 repair of any defects in workmanship or material appearing within that one -year period.
1000 B. The amount and conditions of the maintenance bond or other method of security shall
1001 be subject to approval by the City Engineer and City Attorney.
1002 14.20.150 Preliminary plat expiration of approval extension conditions.
1003 A. Approval of preliminary plats of proposed subdivisions shall expire three years from
1004 the date of City Council approval thereof. The Council shall, upon written application of the
1005 subdivision applicant at least thirty (30) days prior to such expiration, grant an extension for a
1006 maximum period of one year upon a showing that the applicant has attempted in good faith
1007 to submit the final plat within the three -year period.
1008 B. The City Council shall determine whether to grant an extension of time on the basis
1009 of the past diligence and future plans of the subdivision applicant, as well as the Hearing
1010 Examiner's original recommendation.
1011 C. Any extension of time granted pursuant to this section shall be conditioned upon the
1012 proposed subdivision's compliance with all subdivision requirements in effect on the date that
1013 such extension is granted.
1014 14.20.XXX Preliminary plats offers and agreements to sell lots.
1015 An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat
1016 approval which is not expressly conditioned on the recording of the final plat containing the
Page 27 of 39
1017 lot violates this title. All payments on account of an offer or agreement conditioned as
1018 provided in this section shall be deposited in an escrow or other regulated trust account and
1019 no disbursement to sellers shall be permitted until the final plat is recorded.
1020 14.20.160 Final plat submission for approval required copies fees.
1021 A. A final plat of a proposed subdivision may be submitted for approval by the City
1022 Council by filing the proposed final plat in the Office of Environmental Planning within
1023 three years from the date of approval of the preliminary plat or within the time provided as
1024 an extension granted by the City Council.
1025 B. Each final plat submitted for approval shall be accompanied by an original
1026 reproducible drawing of the subdivision, four (4) copies thereof, and a current title report.
1027 14.20.170 Final plat preparation.
1028 A. Each final plat shall be prepared by a land surveyor registered in the State of
1029 Washington and certified by the surveyor to be a true and correct representation of lands
1030 actually surveyed by him.
1031 B. The final plat shall be prepared by the surveyor in accordance with the provisions of
1032 the Survey Recording Act (RCW 58.09) as it now exists or is hereafter amended.
1033 C. The land survey of the final plat shall be referenced from two (2) monumented section
1034 or quarter section corners or, if the land lies within an existing subdivision, from two (2)
1035 controlling monuments within the existing subdivision.
1036 D. Permanent survey monuments shall be placed at all lot corners and street intersections.
1037 14.20.180 Final plat conformance with preliminary plat approval. --
1038 A proposed final plat must conform to the conditions of preliminary plat approval. The
1039 City Council may approve a .proposed final plat which, because of unforeseen technical or
1040 engineering problems, involves minor deviations from the preliminary plat.
1041 14.20.190 Final plat requirements.
1042 Each final plat submitted for approval shall be drawn at a scale of one inch equals one
1043 hundred (100) feet or larger, shall be eighteen (18) inches by twenty -four (24) inches in size, and
1044 shall contain the following information on the face of the plat or on additional sheets if
1045 approved by the Administrator:
1046 A. Date, north arrow and scale.
1047 B. Name of the subdivision.
1048 C. Accurate and complete legal description of the subdivision on the face of the final plat.
1049 D. A complete survey of the section or sections in which the plat or replat is located, or as
1050 much thereof as may be necessary to properly orient the plat within such section or sections.
1051 E. Boundary lines of the subdivision; of the proposed lots therein; of the rights -of -way for
1052 any streets, highways, roads, easements or other uses; and of any associated dedications; all to
1053 be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central
1054 angles of all curves.
1055 F. Notation and description of any protective improvements or dedications required by
1056 the City Council or otherwise provided.
Page 28 of 39
1057 G. Reference to any recorded subdivision or short subdivision adjoining the subdivision.
1058 H. Name and right -of -way width of each street or other right -of -way.
1059 I. Location, dimensions, and purpose of any easements.
1060 J. Number to identify each lot and block.
1061 K. Addresses for each lot within the plat.
1062 L. Purpose for which sites, other than residential lots, are dedicated or reserved. •
1063 M. Certificate by the surveyor certifying to the accuracy of the survey and plat in
1064 substantially the following form:
1065 "I, , a Professional Land Surveyor, do hereby
1066 certify that the plat of is based upon an actual survey
1067 and subdivision of Section _, Township _, Range that the distances,
1068 courses, and angles are shown thereon correctly and that monuments and lot
1069 corners have been set on the ground as shown on the plat.
1070
1071 (Surveyor's signature and seal)
1072 N. Acknowledged certificate of free consent executed by all parties having any interest in
1073 the lands being subdivided as shown by a current title report; and also, in the case of plats
1074 containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for
1075 damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a
1076 form substantially the same as specified by § 14.15.080 (1) of this title.
1077 O. A statement evidencing irrigation water rights -of -way if the subdivision lies wholly or
1078 in part in an irrigation district. -
1079 P. Dedication by the owner of streets, rights -of -way, easements, and any sites for private,
1080 semi - private, or public use.
1081 Q. The signature of the City Engineer or other licensed engineer acting on behalf of the
1082 City. Signature by the City Engineer shall certify that the subdivision applicant has either:
1083 1. Completed all improvements in accordance with these regulations and with the action
1084 of the City Council, or
1085 2. Submitted a bond or other method of security in accordance with the provisions of
1086 § 14.20.150 of this title sufficient to assure completion of all required improvements.
1087 R. The signature of the Administrator which shall certify that the final plat conforms to
1088 the conditions of approval for the preliminary plat of the subdivision.
1089 S. A space for the signature of the Mayor, whose signature shall evidence the approval of
1090 the final plat by the Yakima City Council.
1091 14.20.200 Final plat approval.
1092 A. Upon receipt of a proposed final plat, the City Council shall at its next public meeting
1093 set a date for consideration of the final plat. Notice of the date, time, and location of the
1094 public meeting shall be given to the subdivision applicant, surveyor, City Engineer, Office of
1095 Environmental Planning, and the Yakima County Health Officer at'least four days prior to
1096 the date of the public meeting.
Page 29 of 39
1097 B. The City Council shall review the final plat during the public meeting and shall
1098 approve the final plat if the Council determines that the final plat conforms to the conditions
1099 of preliminary plat approval and applicable state laws and meets the requirements of this title
1100 as they existed when the preliminary plat was approved.
1101 C. Upon approving any final plat, the City Council shall authorize the Mayor to sign the
1102 final plat as evidence of City Council approval.
1103 14.20.210 Final plat recording.
1104 All final plats approved by the City Council shall be filed for record immediately,'or as
1105 soon as possible, by the subdivision applicant in the Yakima County Auditor's Office. The
1106 subdivision applicant shall be responsible for all filing fees. Any final plat filed for record
1107 containing a dedication shall be accompanied by a current title report.
1108 14.20.220 Final plat alterations, vacations.
1109 A. The alteration or vacation of final plats filed for record in the Office of the Yakima
1110 County Auditor shall comply with the provisions of chapter 58.12 Revised Code of
1111 Washington.
1112 B. All petitions for plat alterations or vacations shall be submitted on forms provided by
1113 the Office of Environmental Planning and shall be reviewed by the Hearing Examiner at an
1114 open record public hearing. Yakima Municipal Code § 1.43.080(D), delegates to the Hearing
1115 Examiner final authority on plat alterations. The final amended plat will be prepared in
1116 accordance with the Hearing Examiner's decision and submitted to the Hearing Examiner or
1117 his /her designee (Director of Community and Economic Development) for signature.
1118 14.20.230 Final plat street vacations.
1119 A. The vacation of any street within a final plat filed for record in the Office of the
1120 Yakima County Auditor shall comply with the provisions of chapter 35.79 Revised Code of
1121 Washington.
1122 B. All petitions for street vacations or resolutions of the City Council initiating the same
1123 shall be reviewed by the Hearing Examiner and a recommendation made thereon to the City
1124 Council prior to Council action.
1125 C. The abutting property owners of any street, alley, or other public way proposed to be
1126 vacated shall compensate the City of Yakima for vacated public right -of -way in accordance
1127 with the current City Council policy on said compensation.
1128 14.20.240 Plat vacation requirements for complete application.
1129 An applicant for a plat vacation shall submit the following items and information:
1130 A. The reasons for the proposed vacation;
1131 B. Signatures of all parties having an ownership interest in that portion of the subdivision
1132 proposed to be vacated;
1133 C. If the subdivision is subject to any covenants which were filed when the subdivision
1134 was approved, and whether the proposed vacation would result in the violation or failure of
1135 any such covenant, the application shall include an agreement signed by all parties subject to
Page 30 of 39
•
1136 the covenants providing that the parties agree to terminate or alter the relevant covenants to
1137 accomplish the purpose of the proposed vacation of the subdivision or portion thereof.
1138 D. A copy of the approved plat prop to be vacated, together with all plat
1139 amendments recorded since the date of the original approval.
1140 14.20.250 Plat vacation— criteria for approval.
1141 A. Approval. The Hearing Examiner shall render the final decision on proposed plat
1142 vacations. The Hearing Examiner's decision may be appealed to the City Council.
1143 B. Criteria for Approval. The proposed plat vacation may be approved or denied after a
1144 written determination is made whether the public use and interest will be served by the
1145 proposed vacation of the subdivision. If an portion of the land contained in the subdivision
1146 was dedicated to the public for public use or benefit, such land, if not already deeded to the
1147 City, shall be deeded to the City unless the Hearing Examiner finds that the public use would
1148 not be served by retaining the public interest in such land.
1149 C. Vacation of Streets or Other Public Rights -of -Way. When the vacation application
1150 specifically proposes vacation of a City street or other public right -of -way, the City's street
1151 vacation procedures shall be utilized. When the application is for the vacation of a plat
1152 together with any street or other public right -of -way, the procedure for vacation in this
1153 section shall be used, but no street or other public right -of -way may be vacated contrary to
1154 the provisions of chapter 35.70 RCW or the City's street vacation ordinance.
1155 D. Easements established by a dedication are property rights that cannot be extinguished
1156 or altered without the approval of the ea owner or owners, unless the plat or other
1157 document creating the dedicated easement provides for an alternative method or methods to
1158 extinguish or alter the easement.
1159 14.20.260 Plat alteration requirements for complete application.
1160 An applicant for a plat alteration shall submit the following:
1161 A. Signatures of the majority of those persons having an ownership interest of lots, tracts,
1162 parcels, sites or divisions in the subject subdivision or portion to be altered;
1163 B. If the subdivision is subject to restrictive covenants which were filed at the time of the
1164 approval of the subdivision, and the application for alteration would result in the violation of
1165 a covenant, the application shall contain j ;an agreement signed by all parties subject to the
1166 covenants providing that the parties agre' to terminate or alter the relevant covenants to
1167 accomplish the purpose of the alteration !of the subdivision or portion thereof.
1168 C. A copy of the approved plat sought to be vacated, together with all plat amendments
1169 recorded.
1170 14.20.270 Plat alteration criteria for approval.
1171 A. Approval. The Hearing Examiner shall render the final decision on proposed plat
1172 alterations. The Hearing Examiner's decision may be appealed to the City Council.
1173 B. Criteria for Approval. The plat alteration may be approved or denied after a written
1174 determination is made whether the public use will be served by the alteration of the
1175 subdivision. If any land within the alteration is part of an assessment district, any outstanding
1176 assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts,
Page 31 of 39
•
1177 or be levied equitably on the lots resulting from the alteration. If any land within the
1178 alteration contains a dedication to the general use of persons residing within the subdivision,
1179 such land may be altered and divided equitably between the adjacent properties.
1180 C. Revised Plat. After approval of the alteration, the final amended plat will be prepared
1181 in accordance with the Hearing Examiner's decision and submitted to the Hearing
1182 or his /her designee (Director of Community and Economic Development) for signature, after
1183 which, it shall be filed with the County Auditor to become the lawful plat of the property.
1184 Chapter 14.25
1185 SUBDIVISION— DESIGN REQUIREMENTS
1186 Sections:
1187 14.25.010 Conformity to provisions required.
1188 14.25.020 Comprehensive plan compliance required.
1189 14.25.030 Zoning ordinance compliance required.
1190 14.25.040 Lot design.
1191 14.25.050 Block design.
1192 14.25.010 Conformity to provisions required.
1193 Every subdivision preliminary plat shall conform to the provisions of this chapter and
1194 shall thereafter adhere to the requirements of this chapter in the actual physical development
1195 of the subdivision.
1196 14.25.020 Comprehensive plan compliance required.
1197 Every subdivision shall comply with the goals, policies, and standards of the City of
1198 Yakima Comprehensive Plan as it now exists or is hereafter amended.
1199 14.25.030 Zoning ordinance compliance required.
1200 Every lot within a subdivision shall comply with the lot size and width requirements of
1201 the City of Yakima Zoning Ordinance.
1202 14.25.040 Lot design.
1203 Each lot within a subdivision shall comply with the following design standards and
1204 requirements:
1205 A. Double frontage lots are permitted only where determined by the Council, or the
1206 Administrator in the case of short subdivisions, to be essential to provide separation of
1207 residential lots from major and secondary arterial streets or high - intensity land uses or to
1208 overcome specific disadvantages of topography or parcel configuration. When double
1209 frontage lots are used, access shall be limited to only one of the fronting streets.
1210 B. Every lot shall have direct access to and frontage upon a dedicated public street except
1211 lots in approved Planned Developments pursuant . to chapter 12.50 Yakima Municipal Code.
1212 - Minimum street frontage shall be twenty (20) feet. Lots intended for residential use should
1213 not front upon a major or secondary arterial.
1214 C. All lots not located in a Planned Development subdivision shall have a minimum lot
1215 width at the building setback line of fifty (50) feet.
Page 32 of 39
1216 14.25.050 Block design.
1217 Blocks shall not be less than 250 feet nor more than 1,000 feet in length as measured along
1218 their greatest dimension. Any block over 660 feet in length may be required to provide for a
1219 pedestrian way connecting opposite sides of the block. The pedestrian way shall be dedicated
1220 to public use and shall be located as near as possible to the center of the block.
1221 Chapter 14.30
1222 SUBDIVISION— IMPROVEMENT REQUIREMENTS
1223 Sections:
1224 14.30.010 Conformity with provisions required.
1225 14.30.020 Design and engineering plans required.
1226 14.30.030 Conformance with design and engineering plans— inspection of
1227 improvements.
1228 14.30.040 Submission of "as built" drawings.
1229 14.30.050 Improvements for flood, inundation, or swamp conditions.
1230 14.30.060 Improvements for unstable soil conditions.
1231 14.30.010 Conformity to provisions 'required.
1232 Every subdivision shall conform to the subdivision improvement requirements of this
1233 chapter.
1234 14.30.020 Design and engineering plans required.
1235 The subdivision applicant shall submit design and engineering plans to the City Engineer
1236 for all improvements required pursuant to the provisions of this title. No construction of
1237 improvements shall begin before the City Engineer has approved the plans.
1238 14.30.030 Conformance with design; and engineering plans— inspection of improvements.
1239 A. The subdivision applicant shall construct all required improvements in conformance
1240 with the approved design and engineering plans.
1241 B. All required improvements shall be inspected by the City Engineer and approved prior
1242 to submittal of the final plat or the release of the bond or other method of security.
1243 14.30.040 Submission of "as built" drawings.
1244 The subdivision applicant shall submit to the City Engineer reproducible "as built"
1245 drawings of all streets, alleys, and underground utility placements within thirty (30) days of
1246 completion of such installations.
1247 14.30.050 Improvements for flood, inundation, or swamp conditions.
1248 Land which the City Council or City Planning Commission has found to be unsuitable
1249 for development due to flood, inundation, insufficient drainage, swamp conditions, or any
1250 other condition likely to be harmful to the health, safety and welfare of future residents shall
1251 not be divided by subdivision or short subdivision unless construction of protective
1252 improvements approved by the City Engineer are accepted by the Council or the
1253 Administrator.
1254 14.30.060 Improvements for unstable soil conditions.
1255 Land which has a slope or slopes of more than twenty (20) percent or has unstable soil
1256 conditions shall not be subdivided unless the subdivision applicant first furnishes soils data to
1257 the City Engineer and designs and installs corrective measures to control slides, erosion,
1258 drainage, or other similar problems as required and approved by the City Engineer.
Page 33 of 39
1259 Chapter 14.35
1260 BINDING SITE PLANS
1261 Sections:
1262 14.35.010 Purpose.
1263 14.35.020 Authority.
1264 14.35.030 Applicability.
1265 14.35.040 Application.
1266 14.35.050 •Determination of complete application.
1267 14.35.060 Public notice of binding site plan application.
1268 14.35.070 Design Services Team meeting.
1269 14.35.080 Administrative decision.
1270 14.35.090 Preliminary approval — limitations.
1271 14.35.100 Final plan approval and recording.
1272 14.35.110 Administrative approval of individual lots.
1273 14.35.120 Vacation or alteration of a recorded binding site plan.
1274 14.35.130 Appeals.
1275 14.35.010 Purpose.
1276 The purpose of this Chapter is to provide a process for the division of land for the
1277 purpose of sale, lease, or transfer of commercial or industrial lots as an alternative to the
1278 subdivision process.
1279 14.35.020 Authority.
1280 RCW 58.17.035 and 50.17.040(4) provide for a binding site plan process as an alternate
1281 method of dividing land for commercial or industrial land.
1282 14.35.030 Applicability.
1283 This chapter shall apply solely for the sale, lease, or transfer of lots zoned SCC, Small
1284 Convenience Center; LCC, Large Convenience Center; CBD, Central Business District;
1285 CBDS, Central Business District Support; M -1, Light Industrial; and M -2, Heavy Industrial
1286 under the Yakima Urban Area Zoning Ordinance, Tide 15, YMC. Land use development
1287 within binding site plans is governed by YMC 15.04.
1288 14.35.040 Application.
1289 Twenty (20) copies of a preliminary binding site plan shall be submitted to the Office of
1290 Environmental Planning together with the application fee set forth by the current fee
1291 schedule. All site plans must include the following in order to be considered a complete
1292 application:
1293 A. The proposed site plan, prepared by a licensed architect, engineer, or registered land
1294 surveyor, that is of a scale of at least one inch equals 100 feet.
1295 B. All existing and proposed easements and public and /or private roads; all existing
1296 structures; elevations shown by contour lines at intervals of five feet or less for ground slopes
1297 exceeding three percent; approximate location of all natural features;
Page 34 of 39
1298 C. The location, description, and proposed phasing of all facilities proposed to serve the
1299 development:
1300 1. Interior and exterior roadway network;
1301 2._ Water and sewerage facilities;
1302 3. Stormwater drainage facilities;
1303 4. Sidewalks and streetlights;
1304 5. Fire protection devices with sufficient water storage and flows;
1305 6. Facilities to address compatibility with adjacent dissimilar land uses;
1306 7. Any lot(s) to be created as a part of the original binding site plan.
1307 D. A current title report covering the entire property included in the site plan.
1308 E. Provisions for long -term maintenance with adequate financing for areas and facilities
1309 under common ownership.
1310 14.35.050 Determination of complete application.
1311 Upon receiving an application for a binding site plan, the Administrator shall have
1312 twenty -eight (28) days to determine if the application is complete. Incomplete applications
1313 will be returned so that deficiencies may i be corrected. All re- submissions will be evaluated to
1314 determine if a complete application has or has not been re- submitted.
1315 14.35.060 • Public notice of binding Isite plan application.
1316 The Administrator shall direct that public notice of the proposed binding site plan
1317 application be given within ten (10) calendar days of a complete application. This notice shall
1318 consist of mailing a notice of application to the owners of all properties within three hundred
1319 (300) feet of the exterior boundaries of the proposed binding site plan as such owners are --
1320 shown on the records of the Yakima County Assessor. If the owner of the real property
1321 subject to the binding site plan owns another parcel or parcels of real property which lie
1322 adjacent to the subject property, notice under this subsection shall be given to owners of real
1323 property located within three hundred feet of any portion of the boundaries of such
1324 adjacently located parcels of real property owned by the owner of the real property proposed
1325 to be subdivided.
1326 14.35.070 Design Services Team meeting.
1327 To insure that all development requirements are properly addressed, upon receipt of a
1328 fully completed binding site plan application, the Office of Environmental Planning shall
1329 schedule a Design Services Team meeting and circulate a copy of the plan to all affected
1330 agencies together with the time and datet "of the meeting. This meeting will be scheduled
1331 within 20 days of receipt of a complete application.
1332 14.35.080 Administrative decision.
1333 The Administrator shall review the binding site plan for compliance with the provisions
1334 of this chapter and all other land use regulations in effect at the' time of submission of a fully
1335 completed binding site plan application. a If all requirements for approval are met, the
1336 Administrator shall provide written findings of facts supporting the approval of the
1337 preliminary binding site plan and set forth all conditions for final binding site plan approval.
Page 35 of 39
IM
1338 14.35.090 Preliminary approval — limitations.
1339 The approval of a preliminary binding site plan by the Administrator authorizes the
1340 applicant to'prepare the final site plan and develop the required improvements and facilities in
1341 accordance with the conditions of approval. No sale, lease, or transfer of any lot proposed by
1342 the site plan shall occur until a final binding site plan is approved and recorded with the
1343 Yakima County Auditor. The final site plan shall be submitted within four years of the date
1344 of preliminary approval.
1345 14.35.100 Final plan approval and recording.
1346 When all conditions of preliminary binding site plan approval are met, the developer shall
1347 submit the final binding site plan together with the fee set forth in the adopted fee schedule to
1348 the Planning Department for processing and recording. The final binding site plan must
1349 include the following:
1350 A. A complete survey of the entire property and the initial lots to be created if any,
1351 including the legal description, north arrow, scale, surveyor's certificate, etc.
1352 B. The acknowledged signatures of all parties having an ownership interest in the
1353 property.
1354 C. The signature of the City Engineer, the Administrator, and the County Treasurer.
1355 D. Auditor's Certificate.
1356 E. Written documentation that all requirements for preliminary binding site plan
1357 approval are met including the completion of all required infrastructure improvements.
1358 Once all the above requirements are met, the Planning Department shall file the final
1359 binding site plan with the County Auditor.
1360 14.35.110 Administrative approval of individual lots. •
1361 Once the final binding site plan is recorded, the creation of individual lot(s) other than lots
1362 established by the recorded binding site plan may be administratively approved through the
1363 Qualified Exemption process set forth in YMC 14.05.150. Once a completed binding site
1364 plan exemption application is submitted together with the fee set forth in the adopted fee
1365 schedule, it will be reviewed by the Planning Department and City Engineer, and any other
1366 agency with jurisdiction for compliance with this chapter. The application must include the
1367 following:
1368 A. The proposed lot(s) created must be surveyed by a registered land surveyor and the
1369 legal description for the lot must be prepared by the surveyor in accordance with the Survey
1370 Recording Act (chapter 58.09 RCW). All parties having an ownership interest in the property
1371 shall sign the exemption application and the survey.
1372 B. The lot(s) to be created meet the requirements set forth in the recorded final binding
1373 site plan.
1374 C. The lot(s) meet the minimum lot size in the zoning district.
1375 When the exemption application is approved, the survey containing the above
1376 information must be recorded with the County Auditor's office prior to the sale, lease, or
1377 transfer of any lot.
Page 36 of 39
1378 14.35.120 Vacation or alteration of a recorded binding site plan.
1379 Whenever any person is interested in the vacation or alteration of a recorded binding site
1380 plan, the procedures set forth in chapters 14:35.040 through 14.35.090 contained herein shall
1381 be followed, EXCEPT that this section does not apply to the creation of lots under
1382 § 14.35.100 above, and EXCEPT that modifications to binding site plans that are determined
1383 by the Director of Community and Economic Development to be minor, may be reviewed
1384 and approved administratively.
1385 14.35.130 Appeals.
1386 Any decision of the administrator may be appealed following the procedures set forth in
1387 5§ 14.15.130 through 14.15.190 of this title.
1388 Chapter 14.40
1389 SUBDIVISION AND SHORT SUBDIVISION
1390 ENFORCEMENT PROVISIONS
1391 Sections:
1392 14.40.010 Administrative officer.
1393 14.40.020 Variances.
1394 14.40.030 Building permits restricted.
1395 14.40.040 Penalty for violation.
1396 14.40.050 Each transfer a separate offense.
1397 14.40.060 Violation as nuisance.
1398 14.40.070 Remedies preserved. _
1399 14.40.010 Administrative officer.
1400 The City's Director of Community & Economic Development shall be vested with the
1401 administrative duty of interpreting, coordinating responsibilities, and enforcing the provisions
1402 of this title.
1403 14.40.020 Variances.
1404 A. Applications for variances from the literal enforcement of the terms of this title shall
1405 be made in writing and filed by the landowner with the City Department of Community &
1406 Economic Development, which application shall specifically state the relief sought and the
1407 reasons therefore. The application for variance shall demonstrate all of the following:
1408 1. That special conditions and circumstances exist which are peculiar to the land involved
1409 and which are not applicable to other lands in the same area.
1410 2. That literal interpretation of the provisions of this title would deprive the land owner
1411 of rights commonly enjoyed by other properties in the same area under the terms of this title.
1412 3. That the special conditions and circumstances do not result from the actions of the
1413 applicant.
1414 4. That the special hardship is not self inflicted.
1415 5. That granting the variance requested will not confer on the applicant any special
1416 privilege that is denied by provisions of this title to other lands in the same area.
1417 6. That financial gain is not the ground or grounds for the variance.
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1418 7. That the variance will not nullify the intent and purpose of the General Plan nor the
1419 provisions of this title.
1420 B. Such an application shall be considered by the Hearing Examiner at a public meeting,
1421 and the Hearing Examiner shall make its recommendation to the City Council regarding such
1422 application.
1423 C. On receipt by the City Council of the Hearing Examiner's recommendation, the City
1424 Council shall consider the application at a public meeting. The City Council may grant such
1425 variance from the terms of this title as will not be contrary to the public interest where,
1426 owing to special conditions, a literal enforcement of the provisions of this title would work a
1427' unique hardship on the applicant. In granting such variance, the City Council may require
1428 such conditions as will, in its judgment, substantially secure the objectives of the standards or
1429 requirements concerning which a variance is granted.
1430 14.40.030 Building permits restricted.
1431 A. No building permit, utility permit or other development permit shall be issued for any
1432 lot, tract, or parcel of land divided in violation of this title.
1433 B. The prohibition contained in this section shall not apply to an innocent purchaser for
1434 value without actual notice of the act or acts constituting the violation.
1435 14.40.040 Penalty for violation.
1436 Any person, as defined in § 14.10.200 of this title, who violates any provision of this title
1437 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of
1438 not more than two hundred fifty dollars ($250), or by imprisonment in the City jail facility
1439 for not more than ninety (90) days, for each such violation. -
1440 14.40.050 Each transfer a separate offense.
1441 Each sale or lease, offer for sale or lease, or transfer of each separate lot, tract, or parcel of
1442 land in violation of any provision of this title shall be deemed a separate and distinct offense.
1443 14.40.060 Violation as nuisance.
1444 Any development or use of property or any act relating to a sale or lease, offer for sale or
1445 lease, or transfer of any lot, tract or parcel of land contrary to the provisions of this title is a
1446 public nuisance, subject to prevention or abatement by injunction or other appropriate legal
1447 remedy in the Superior Court of the State of Washington in and for Yakima County.
1448 14.40.070 Remedies preserved.
1449 Nothing in this chapter shall be construed to supersede, impair or otherwise affect any
1450 private or public rights and remedies authorized by chapter 58.17 of the Revised Code of
1451 Washington as they now exist or are hereafter amended.
Section 3. Severability: If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance, or any provision of the Yakima Municipal Code established by this ordinance,
is declared invalid' or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance or other provisions of the Yakima
Municipal Code established by this ordinance.
Page 38 of 39
•
Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 24th day of November, 1998.
•
5•17
•
John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date: 11 -27 -98
Effective Date: 12 -27 -98
C: \word docs \gma \gma'98 \lap oct -nov revs \subdivs 11- 09.DOC Last printed 12/29/98 2:15 PM •
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• Page 39 of 39
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of November 24. 1998
ITEM TITLE: Continued Joint Public Hearing to Consider Adoption of Growth
Management Implementation Ordinances
SUBMITTED BY: William Cook, Director
Community and Economic Development
CONTACT PERSONfrELEPHONE: Don Skone, Planning Manager (575 -6163)
SUMMARY EXPLANATION:.
On October 20, 1998 the Yakima City Council and Yakima County Commissioners
opened a Joint Public Hearing to consider testimony regarding the adoption of a series
of Implementation Ordinances, as recommended by the Yakima Urban Area Regional
Planning Commission. The Hearing was continued to receive final testimony, and direct
legislation. A series of ordinances has been prepared for consideration.
Resolution rX ] Ordinance s Contract Other (Specify) Staff Report
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Consider final testimony, consider previous testimony ,
direct changes as necessary and adopt ordinances
• BOARD RECOMMENDATION: The Yakima Urban Area Regional Planning
Commission recommended adoption of ordinances. Several ordinances and map
changes have been submitted to the RPC recommendation and included herein.
COUNCIL ACTION: