HomeMy WebLinkAbout02/01/2011 07 Subdivision Ordinance Amendments; YMC Title 14 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: February 1, 2011
ITEM TITLE: Open Record Public Hearing to consider the City of Yakima Planning
Commission's recommendation on amendments to the Subdivision Ordinance,
Title 14.
SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Joseph Calhoun, Assistant Planner, 575 -6162
SUMMARY EXPLANATION: Public hearing to consider the City of Yakima Planning
Commission's recommendation to adopt the proposed Subdivision Ordinance amendments to
the Yakima Municipal Code. Title 14 contains the City's regulations and procedures for
processing Subdivisions within the City of Yakima. The proposed amendments contain a
variety of changes. Included are housekeeping changes, updates to reflect changes in State
Law, the addition to allow the Planning Commission to make a recommendation on Long Plats,
and certain modifications to processes and requirements.
fit Resolution Ordinance X Contract Other X (Specify) YPC Findings
Funding Source N/A
APPROVAL FOR SUBMITTAL:
Acting City Manager
STAFF RECOMMENDATION: Adopt the amendments to the Subdivision Ordinance, YMC Title
14.
BOARD RECOMMENDATION: The City of Yakima Planning Commission recommended
approval of amendments to Title 14 on November 10, 2010.
COUNCIL ACTION:
•
CITY OF YAKIMA PLANNING COMMISSION
PROPOSED AMENDMENTS, REVIEW RATIONALE, FINDINGS OF FACT,
CONCLUSIONS, AND RECOMMENDATION:
City of Yakima 2010 Subdivision Amendments
November 10, 2010
WHEREAS
The City of Yakima, hereafter referred to as the "City" pursuant to RCW 36.70A.040 is required
to plan under the provisions of the Growth Management Act.
Pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and
revise its development regulations in accordance with the Growth Management Act.
Pursuant to RCW 36.70A.020, goals are set forth to guide the development adoption of
development regulations.
Pursuant to RCW 36.70A, YMC 1.42.030 and YMC 14.05.070, the City of Yakima Planning
Commission, hereafter referred to as the "Commission," . is authorized to make a
recommendation to the Yakima City Council, hereafter referred to as the "Council" for their
review, consideration, and adoption of Subdivision (Title 14) Amendments.
A public hearing notice regarding these proposed amendments was published in a local
newspaper ofrecord on October 27, 2010, and
Said hearing occurred on November 10, 2010, where all persons desiring to comment on the
proposed amendments were given a full and complete opportunity to be heard; and
The Commission following public comment and deliberation reviewed and revised staff's
recommended amendments; and those proposed revisions were approved by staff; and
Now therefore, the Yakima City Planning Commission presents the following findings and
recommendations to the Yakima City Council:
I. PROPOSED AMENDMENTS, REVIEW RATIONALE, AND FINDINGS OF FACT
PROPOSED AMENDMENTS:
1. The following sections of YMC Title 14 are being modified: 14.05.070; 14.05.160;
14.05.170; 14.10.020; 14.15.010; 14.15.030; 14.15.050; 14.15.070; 14.15.090; 14.15.100;
14.15.120; 14.20.070; 14.20.080; 14.20.100; 14.20.110; 14.20.120;.14.20..160; 14.20.180;
14.20.230; 14.25.040; 14.30.060; 14.35.020; 14.35.030; 14.35.090; and 14.50. The
complete text is found in the strike out/underline document found in Exhibit "A ",
attached hereto and incorporated by this reference.
Findings of Fact — City of Yakima Planning Commission 1
REVIEW RATIONALE: The City of Yakima Subdivision Ordinance was last significantly
updated in 1998. There been a few small updates since then, but those were minor changes to
individual sections. This update is intended to incorporate numerous changes in State Law,
namely RCW 58.17, along with other substantive changes proposed by staff. The amendments,
as proposed, are intended to put forth an ordinance which is effective, understandable and
compliant with current state laws.
FINDINGS OF FACT
The Commission held the required public hearing on November 10, 2010, at which time the
Commission made the following findings:
1. The proposed changes to the City of Yakima Subdivision Ordinance (YMC Title 14) are
appropriate and should be adopted as written.
2. Adequate public notice was given for the above listed public hearing.
3. Televised public study sessions for the proposed amendments were held on 08/11/10,
09/08/10, and 10/13/10.
II. CONCLUSIONS
Having made the Findings set forth above, the Commission now makes the following
conclusions:
1. Environmental review of the requested amendments was not required in accordance with
WAC 197 -11- 800(19).
2. The proposed changes to the City's YMC Title 14 — Subdivision Ordinance is consistent
with the requirements of the Growth Management Act (GMA), Ch. 36.70A RCW.
3. The City followed the procedural requirements of the GMA to notify and advertise the
proposed amendments to the City's Subdivision Ordinance to the public and to interested
agencies, and all oral and written comments received during all respective processes have
been considered.
III. RECOMMENDATION
It is for the above reasons that the Commission recommends that Council adopt the City of
Yakima's 2010 Subdivision Amendments with a revision date of November 10, 2010.
Motion
Based upon the findings and conclusions outlined above, it was moved and seconded that the
City of Yakima Planning Commission recommends APPROVAL of the submitted YMC Title
14 - Subdivision Amendments. The motion was carried by a unanimous vote.
Benjamin W. Shoval, Chair Date
Yakima Planning Commission
Ben Shoval (original signature on file) 12/08/2010
Chairman Date
Findings of Fact — City of Yakima Planning Commission 2
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
..,.... Planning Division 0 129 N)ortlt Second Street, 2nd Floor Yakima, Washington 98901
,2''% (509) 575 -6183 • Fax (509) 575 -6105
" - www.huildingyakima.com • www. ci. yakinra.wa.us /serviceslplanning/
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City of Yakima
Planning Commission
Date: October 27, 2010
From: Joan Davenport, Planning Manager
Subject: Notice of Open Record Public Hearings for Amendments to the City of
Yakima Subdivision Ordinance and SEPA Chapter.
Public Hearing The City of Yakima Planning Commission will conduct open record
public hearings on Wednesday, November 10, 2010 beginning at 3:30 pm in the Council
Chambers, City Hall, 129 N 2 "a Street, Yakima, WA to consider proposed changes to
YMC Title 14 and YMC Ch. 6.88. Any persons desiring to express their views on these
matters are invited to attend the public hearing or to submit their written comments to:
City of Yakima Planning Division, 2 floor City Hall. If you have any questions, please
contact the Planning Division at (509) 575-6183 or send e-mail comments to
ID askplanning@ci.yakima.wa.us
Yakima
tag
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1994
ORDINANCE NO. 2011-
AN ORDINANCE relating to the regulation of land subdivision in the City of Yakima,
Title 14 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Title 14 of the City of Yakima Municipal Code is hereby amended to read as
follows:
Title 14
SUBDIVISIONS
Chapters:
14.05 General Provisions
14.10 Definitions
14.15 Short Subdivision — Procedure
14.20 Subdivision — Procedure
14.25 Subdivision — Design Requirements
14.30 Subdivision — Improvement Requirements
14.35 Binding Site Plans
14.40 Subdivision and Short Subdivision Enforcement Provisions
14.50 Appeals
Chapter 14.05
GENERAL PROVISIONS
Sections:
14.05.010 Short title
14.05.020 Purpose and interpretation
14.05.030 Approval required
14.05.040 Administration
14.05.050 Authority
14.05.060 Scope
14.05.070 Amendments
14.05.080 Effect of partial invalidity
14.05.090 Effect on existing rights
14.05.100 Savings
14.05.110 Effect of heading and references
14.05.120 Existing permits to remain in force
14.05.130 False representation prohibited
14.05.140 Uniformity of application
14.05.150 Preliminary plats— Offers and agreements to sell lots
14.05.160 Exemptions
14.05.170 Qualified exemptions
14.05.180 Effect of filing completed application
14.05.190 Time periods— Computation
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14.05.200 Allowance of bond in lieu of actual construction of improvements prior to
approval of short plat or final plat
14.05.010 Short title
Title 14, "Subdivisions," of the City of Yakima Municipal Code shall constitute the
"Subdivision Code" of the City of Yakima and may be cited as such.
14.05.020 Purpose and interpretation
This subdivision code is enacted pursuant to the laws of the State of Washington, particularly
RCW Chapter 58.17 RCW, and also in exercise of the police powers of the City of Yakima. The
purposes of this subdivision code include protection and preservation of the public health, safety
I and general welfare in accordance with standards established by RCW Ch.apter 58.17 RCW; to
prevent overcrowding land; to lessen congestion in the streets and highways; to promote
effective use of land; to promote safe and convenient travel by the public on streets and
highways; to provide for adequate light and air; to facilitate adequate provision for water,
sewerage, utilities, drainage, parks and recreation areas, sites for schools and school grounds and
other public requirements; and to provide for proper ingress and egress. This subdivision code is
also intended to provide for expeditious review and approval of proposed subdivisions which
conform to City zoning standards, plans, development standards, and policies; to adequately
provide for the housing and commercial needs of the citizens of the city; and to require uniform
monumenting of land subdivisions and conveyancing by accurate legal description. All
provisions of this subdivision code shall be liberally construed for the accomplishment of that
purpose.
14.05.030 Approval required
It is unlawful for any person to divide land so as to constitute a subdivision or short
subdivision, or to enter into any contract for the sale or lease of any lot in a preliminary
subdivision within the City of Yakima, except as provided by RCW Ch.apter 58.17 RCW, and
without first complying with the applicable provisions of this title.
14.05.040 Administration
I A. The City of Yakima Director of Community and Economic Development, referred to in this
title as the Administrator, shall be responsible for administering and interpreting the
provisions of YMC Title 14this title.
B. The Administrator may prepare and require the use of such forms as are deemed necessary to
administer this titleYMC Title 14.
14.05.050 Authority
Pursuant to RCW Ch,aptef 58.17 RCW, primary authority for subdivision and short
subdivision of land in the City of Yakima is vested in the City Council as the legislative body.
Pursuant to RCW 58.17.060, the Yakima City Council delegates responsibility for final
determination of proposed short plats and boundary line adjustments to the Planning Manager, or
I his or her designee. Pursuant to RCW Ch.apter 58.17 RCW and Section YMC 1.43.080, YMC,
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the Hearing Examiner is authorized to make a recommendation to the City Council on
preliminary plats and modifications to preliminary plats, and to make final decisions on requests
for preliminary plat extension under RCW Section 58.17.140 RCW, plat amendment and plat
vacation. The City Council shall make final decisions on all on preliminary plats, modifications
I to approved preliminary plats, and final plats.
14.05.060 Scope
Any division, redivision, platting or subdivision of land into lots, tracts, parcels, sites or
divisions for the purpose of sale, lease, or transfer of ownership shall comply with the provisions
of this-titleYMC Title 14.
14.05.070 Amendments
A. The Regional -City of Yakima Planning Commission shall consider in public hearing, any
proposed amendments to, or the repeal of, any portion of this title and submit a
recommendation thereon to the Yakima City Council. Public notice of-the hearingkeferthe
Regional City of Yakima Planning Commission hearing shall be provided in the following
manner:
1. By publication of at least one notice not less than ten (10) calendar days prior to the
public hearing in the official city newspaper.
2. Additional notice shall be given to individuals and organizations which have submitted
written requests for notice by mailing of a notice not less than ten (10) calendar days
prior to the public hearing.
B. The Yakima City Council shall consider in public hearing any proposed amendments to, or
repeal of, any portion of this title along with the recommendation of the Regional -City of
Yakima Planning Commission thereon. Public notice of the hearing before the City Council
shall be given in the same manner as for the Regional City of Yakima Planning Commission
hearing.
14.05.080 Effect of partial invalidity
If any provision of this title or its application to any person or circumstance is for any reason
held to be invalid, the remainder of this title, or the application of the provisions to other persons
or circumstances, is not affected.
14.05.090 Effect on existing rights
The ordinance enacting this title shall neither revive any former ordinances heretofore
repealed, nor affect any right existing or accrued, nor any action or proceeding already taken.
14.05.100 Savings
The enactment of this title shall not terminate, or in any way modify, any liability, civil or
criminal, which exists at the date this title becomes effective.
14.05.110 Effect of heading and references
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Chapter headings, tables of contents, and section titles used in this title do not constitute any
part of the law.
14.05.120 Existing permits to remain in force
Except as otherwise provided herein, all permits lawfully issued under the provisions of any
ordinance repealed by the ordinance codified in this title shall remain in force and effect until the
expiration thereof unless sooner surrendered or revoked, subject, however, to all other provisions
of this title.
14.05.130 False representation prohibited
No person shall make a false statement or representation in any application, statement or
I report required by this title to be madeherein.
14.05.140 Uniformity of application
The provisions of this title shall be applicable and uniform with regard to all divisions,
subdivisions or resubdivisions of land into lots, tracts, parcels, sites or divisions of any nature for
the purpose of sale or lease in the present or future within the corporate limits of the City of
Yakima.
14.05.150 Preliminary plats Offers and agreements to sell lots
An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat
approval which is not expressly conditioned on the recording of plat containing the lot violates
this title. All payments on account of an offer or agreement conditioned as provided in this
section shall be deposited in an escrow or other regulated trust account and no disbursement to
sellers shall be permitted until the final plat is recorded.
14.05.160 Exemptions
The provisions of this title shall not apply to divisions and activities described in RCW
58.17.040; PROVIDED THAT, in order to determine whether a proposed boundary line
adjustment meets the requirements for an exempt action, approval must be received from the
Administrator:
A. Cemeteries and other burial plots while used for that purpose.
B. Division of land into parcels in which the smallest parcel created by the division is forty
acres in area or more, or that which is defined in the instrument of division as one - quarter of
a quarter section of land; provided that for the purpose of computing the size of any lot under
this item which borders on a street or road, the lot size shall be expanded to include that area
which would be bounded by the centerline of the road or street and the side lot lines of the lot
running perpendicular to such centerline.
C. Division made by testamentary provisions, or the laws of descent.
D. A division for the purpose of lease when no residential structure other than mobile homes or
travel trailers are permitted to be placed upon the property in accordance with the provisions
of Title 15 of the Yakima Municipal Code and a binding site plan for the use of the property
has been filed for record with the Yakima County Auditor.
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E. A division not for the purpose of sale or lease in the present or future. For purposes of this
exemption, the following divisions shall be presumed, when considered by themselves in the
absence of surrounding circumstances to the contrary, not to be for such purpose:
1. Administrative segregations in the Yakima County Assessor's office made solely for the
purpose of levy, assessment, collection, payment or exemption of real property taxes
pursuant to applicable state statutes.
2. Annexations accomplished pursuant to and in accordance with all pertinent statutory and
local rules and regulations governing them.
3. Acquisitions of fractional parts of land being of insufficient area or dimension to meet
minimum zoning requirements for width or area, by public bodies for the purpose of
future use as public highways or public utility ways.
4. The sale or lease of a condominium unit subject to the provisions of Washington State
Horizontal Property Regimes Act (RCW Ch.laptef 64.32 RCW).
F. Boundary Line Adjustments. Applications for boundary line adjustments shall be submitted
to - - - - ' .. - - . ... the Planning Division on forms provided by the
Administrator and shall be accompanied by a nonrefundable application fee according to the
current fee schedule as adopted by City Council.
1. Requirements for a Complete Application. An applicant for a boundary line adjustment
shall submit the following, . . . • - - .. . _ . _ .. -
a. A scale drawing which depictsing the existing property configuration, including all
lot line dimensions.
b. A scale drawing_ which depictings the proposed property configuration, including all
lot line dimensions, and any existing structures or on -site improvements.
c. A legal description of the existing property configuration and proposed property
configuration, prepared by a licensed professional engineer or professional land
surveyor.
2. Criteria for Approval. The Administrator shall approve an application for a boundary line
adjustment if:
a. No additional lot, tract, parcel, site or division will be created by the proposed
adjustment;
b. No lot is created or modified which contains insufficient area or dimensions to meet
the minimum requirements of the zone in which the affected lots are situated;
c. No lot is created or modified which does not have adequate drainage, water supply
and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and
no existing easement in favor of the public is rendered impractical to serve its
purpose;
d. The boundary line adjustment is consistent with the applicable provisions of YMC
Title 15; and
e. The boundary line adjustment does not create a lot or lots of split zoning unless:
i. The underlying future land use designation of the subject parcels is the same; or,
ii. The area is proposed to be legislatively rezoned in the future to the same zoning
district.
G. Division of land into lots or tracts classified for industrial or commercial use, or for
placement of a mobile home or division for condominiums pursuant to YMC Chapter 14.35
when the City has approved a binding site plan. When the binding site plan authorizes a sale
5
or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for
record in the Yakima County Auditor's office.
H. A division for the purpose of leasing land for facilities providing personal wireless services.
"Personal Wireless Services" means any federally licensed personal wireless service.
Applicable facilities include those which are unstaffed and used for the transmission,
reception, or both of wireless communication services including, but not limited to: antenna
arrays, transmission cables, equipment shelters, and support structures providing personal
wireless services while used for that purpose.
I. A division of land into lots of three acres or less that is recorded in accordance with RCW
Ch. 58.09 and is used or to be used for the purpose of establishing a site for construction or
operation of consumer -owned or investor -owned unstaffed electric utility facilities. Such
facilities include those that will be used for or in connection with or to facilitate the
transmission, distribution, sale, or furnishing of electricity, including, but not limited to,
electric power substations.
14.05.170 Qualified exemptions
I A._The Administrator may exempt the following actions from the requirements of this title as
not constituting divisions of land for the purpose of sale or lease:
1. A division provided by law not for the purpose of sale or lease including, in the absence
of the Administrator finding circumstances to the contrary, the following:
a._Financial segregations which do not involve a division of land through transfer of fee
simple title. This exemption is limited to mortgages or deeds of trust executed solely
for the purpose of securing financial obligations that are executed and maintained in
all respects in compliance with the governing laws.
b._A division by court order limited to the following and not including voluntary
transfers of land in lieu of compliance with the applicable judicial procedures
governing them: mortgage or deed of trust foreclosures, and property distributions
between spouses pursuant to separation or dissolution proceedings.
2. A prior division of land as defined in YMC Section - 14.10.020.
2. The sale or transfer of a "parcel" as defined by Section 14.10.160(B) of this title.
B._Applications for qualified exemptions shall be submitted to the office of environmental
Planning Division on forms provided by the Administrator and shall be accompanied by a
nonrefundable application fee according to the current fee schedule as adopted by City
Council. The Administrator may require submittal of pertinent instruments, court orders,
affidavits and the like sufficient to determine whether any specific action may be exempt.
C._Exemption may be allowed by the Administrator for only those actions which do not
contravene the spirit and intent of this title and applicable state statutes.
14.05.180 Effect of filing completed application
A._A proposed division or subdivision of land shall be considered under the subdivision code
and zoning or other land use control ordinances in effect at the time a fully completed
application for preliminary plat approval or short plat approval of the subdivision has been
submitted to the Administrator.
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B._Limitations, requirements, or other conditions of approval imposed under this title shall not
preclude imposition of other conditions under the State Environmental Policy Act ( "SEPA "),
RCW Ch.aptef 43.21C RCW, and the City's SEPA regulations under YMC Chapter 6.88.
14.05.190 Time periods Computation
Any period of time prescribed or allowed by this title shall not include the day of the act,
event, or default that begins the period. The last day of the period shall be included, but if the last
day is a Saturday, Sunday or legal holiday, the period shall run through the close of business on
the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time
prescribed or allowed is less than seven days, the computation shall not include Saturday,
Sunday, or legal holidays.
14.05.200 Allowance of bond in lieu of actual construction of improvements prior to
approval of short plat or final plat
A._The subdivision or short subdivision applicant may, as an alternative to actual construction of
any required improvements, provide a surety bond or other secure method providing for and
securing to the Ceity the actual construction of required improvements within a specified
period of time and expressed in a bond or other appropriate instrument establishing such
security. Any bond or other method of securing actual construction of required improvements
shall specify the improvements covered and the schedule for completion.
B._In cases of subdivision, the bond or other method of securing actual construction of required
improvements shall be subject to approval by the City Engineer and City Attorney prior
to approval of the preliminary final plat by the City Council. In cases of short subdivisions,
the bond or other method of securing actual construction of required improvements shall be
subject to approval by the City Engineer and City Attorney prior to approval of the final short
plat by the Administrator. In no case shall the amount of the bond or other method of
securing actual construction of required improvements be less than one hundred ten percent
of the estimated actual cost of the improvements based upon the approved civil engineering
design of the required improvements.
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Chapter 14.10
DEFINITIONS
Sections:
14.10.010 Scope and construction of terms.
14.10.020 Definitions
14.10.030 Alley.
11.10.040 Binding site plan.
11.10.050 Block.
14.10.060 City.
14.10.080 Dedication.
14.10.090 Development agreement.
14.10.100 Divide.
11.10.110 Double frontage lot.
11.10.120 Easement.
14.10.130 Final plat.
14.10.140 Land.
14.10.150 Lot.
11.10.160 Parcel.
11.10.170 Person.
11.10.180 Preliminary plat.
11.10.190 Prior Division of Land
14.10.200 Right of way.
11.10.210 Short plat.
14.10.220 Short subdivision.
11.10.230 Subdivision applicant.
14.10.210 Subdivision.
14.10.250 Survey monument.
14.10.010 Scope and construction of terms
A. Words, phrases and terms used in this title shall have the meaning given to them in this
chapter except where otherwise defined, and unless a different meaning clearly appears from
the context.
B. Reference in this title to any council, commission, committee, body, group, agency,
department, office, official or municipal employee shall mean such entity of the City of
Yakima except where otherwise stated or required by context.
C. When consistent with the context, words and phrases used herein shall include the past,
present and future tenses; the masculine, feminine and neuter genders; and the singular and
plural.
D. The word "may" as used herein is permissive and authorizes use of discretion in making a
decision; the word "shall" as used herein is mandatory, allowing no discretion, and requires
the specified action or result.
14.10.020 .Definitions
IC I
8
Administrator" means the Director of Community and Economic Development or his/her
designee.
"Alley'' - means a public right -of -way used primarily as a secondary means of access to residences
and business establishments.
"Binding site PPlan means a drawing at a scale of one inch equals one hundred feet
which:
A._Identifies and shows the areas and locations of all streets, utilities, open spaces, and
improvements required by law or as conditions of approval.
B._Contains or rcfcrs to a development agrecmcntinscriptions or attachments setting forth such
appropriatethe limitations and conditions for the use of the land as established by the City of
Yakima.
C. Contains provisions acceptable to the City of Yakima that will ensure that development and
land use of the site will conform to the approved site plan.
..
with the provisions of Title 15, Yakima Municipal Code ( "Yakima Urban Area Zonin:
Ordinance ").
D._Meets the requirements of YMC Ch.apter 14.35 of this title.
14 Bl .
Block' means a group of lots, tracts, or parcels within well - defined and fixed boundaries.
44:M060
"City" means the City of Yakima, Yakima County, Washington.
"Comprehensive PPlanu means the general plan of the City of Yakima codified at YMCS,ectien
1.42.070 Yakima Municipal Code, together with amendments and supplements thereto which
have been or may hereafter be adopted by the Yakima City Council.
Dedicatioe. means the deliberate appropriation of land by an owner for any general and public
uses, reserving to himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The intention to dedicate
9
shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing
the dedication thereon, and the acceptance by the public shall be evidenced by the approval of a
short plat by the Administrator or by approval of a final plat by the Yakima City Council.
`Development aAgreementn means an agreement between the owner(s) of property and the
City of Yakima pursuant to RCW 36.70B.170 to 210, or as such statutes may be supplemented or
amended.
4440400
Divide' - means any action or transaction, not otherwise exempt or provided for under the
provisions of this title, which alters or affects the shape, size, or legal description of any part of
an owner's "land" as defined by this Chapterti le. The Ssale of a condominium unit and-or rental
or lease of a building, facility or structure that does not alter or affect the legal description of an
owner's "land" shall not constitute a division.
Double €Frontage ILot - means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
Easement' -- is a dedicationgrant by a property owner to specific persons or to the public to enter
onto, cross, or otherwise to use land for a specific purpose or purposes.
- `Final Pplatn means the final drawing of an approvedthe subdivision and any associated
dedication prepared for filing for record with the Yakima County Auditor which conforms to the
requirements of this title.
`Land'' - means a lot or parcel of real property.
4440450
Lot' - means a ..- . _ - . ......, • . - . .
officially recorded in the Yakima County auditor's office. (Ord. 98 65 § 2 (part),
1998).fractional part of divided lands having fixed boundaries, being of sufficient area and
10
dimension to meet minimum zoning requirements for width and area. The term shall include
tracts or parcels.
14 P arce l .
"Parcel:: means a unit of land having defined boundaries and not shown on an officially
recorded final plat or short plat and is limited to the following:
A. A division of land defined in a legally executed deed prior to December 9, 1978.
B. A division of land created by sale, lease, or option contract legally executed prior to
parties thereto, their successors and assigns.
C. The remaining division of land created as a result of actions defined by subsections A and
B of this section.
D. A taxation parcel, also known as a "tax parcel," which was cr ated prior to December 9,
1978, for the purpose of creating divisions of land which were exempt from platting
requirements. Taxation parcels which were cr ated administratively by the Yakima County
subdivision. Examples of taxation parcels created solely for tax purposes include senior citizen
segregations, special district segregations, deed of trust or mortgage segregations, and
segregations for tax exemption purposes. (Ord. 98 65 § 2 (part), 1998)._
44-441-1-70-Person
Person� means an individual, firm, partnership, corporation, company, association, syndicate or
any other legal entity, including a trustee, receiver, assignee, or representative thereof.
14.10.180 P ..l..♦
"Preliminary Pplat- is a neat and approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent
with the requirements of this title. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision. See Chapter 14.20 for additional requirements
of preliminary plats.
14.10.190 P Divisi
`Prior Division" means any of the following:
A. A division initiated by sale, lease, transfer or option contract executed prior to December 9,
1978, which presently remains a binding and enforceable commitment as between the parties
thereto, their successors or assigns. If the applicable instrument does not specifically
designate separate units of property but does describe separate and defined lots, tracts,
parcels, sites or divisions of land which are contiguous, they shall constitute prior divisions
of land only if each conforms with City of Yakima Urban Area Zoning Ordinance (YMC
Title 15) lot size and width requirements in effect at the time of application.
B. A taxation parcel of any size which is surrounded by divisions of land as defined by
subsection (A) of this section.
11
C. A taxation parcel of any size which was created prior to November 9, 1978, for the purpose
of creating divisions of land which were exempt from platting requirements. Taxation parcels
which were administratively created by the assessor's office solely for tax purposes shall not
be afforded the status of prior divisions for subdivision purposes. Examples of taxation
parcels created solely for tax purposes include senior citizen segregations; special district
segregations; deed of trust or mortgage segregations administratively affected by one other
than the landowner or agent; and segregations for tax exemption purposes.
D. A taxation parcel created in the assessor's office for description purposes because of section
lines if it conforms with the City of Yakima Urban Area Zoning Ordinance (YMC Title 15)
lot size and width requirements in effect at the time of application for exemption.
E. A parcel of land that is physically separated by a road, canal or the like when the road, canal,
etc. is owned by other than the landowner.
"Right- of -wWayn means land dedicated to public use and maintained for existing or future
public access.
Short Pplat —' means the map or representation of a short subdivision that conforms to the
requirements of this title.
Short Ssubdivisionn means the division or re- division of land into nine (9) or fewer lots for the
purpose of sale, lease, or transfer or ownership in the present or future except as provided in
SectienYMC 14.05.12014.05.160 -170. of this title.
`— ` Subdivision aApplicant' —' means any person, as defined by Scctionin this chapter 1'1.10.170 of
this title, who undertakes to create a subdivision or short subdivision pursuant to the
requirements of this title.
"Subdivisions means the division or redivision of land into ten (10) or more lots for the purpose
of sale, lease, or transfer of ownership in the present or future except as expressly exempted by
this title.
12
Survey mMonumentn means a physical object marking a survey corner which is constructed
and-installed by a registered land surveyor of the state of Washington as a result of a land survey
and in accordance with the standards established by RCW 58.17.240.
Chapter 14.15
SHORT SUBDIVISION — PROCEDURE
Sections:
14.15.010 Preliminary application for short subdivision — Requirements
14.15.020 Criteria for approval
1'1.15.030 Findings and conclusions.
1/ .15.010 14.15.030 Preliminary_ application/— Administrator's approval /disapproval—
Time limitation
14.15.050 14.15.040 Public notice of short plat application
14.15.050 Administrators approval /disapproval
14.15.060 Findings and conclusions
14.15.0760 Final short plat —Time limitation
14.15.0870 Land survey requirements
14.15.0950 Final short plat contents
14.15.10010 Short plat decision Appeals.
11.15.120 11.15.110 Appel of administrative official's decision.
11.15.130 11.15.120 Appel of hearing examiner's decision.
11.15.110 11.15.130 City Council action on appeal of hearing examiner's decision.
11.15.150 14.15.140 Appeal of City Council's decision.
11.15.160 11.15.150 Effect of appeals.
11.15.170 14.15.160 Actions not appclablc.
11.15.180 14.15.14-7000 Approval of short subdivision— RecordingFiling
11.15.190 14.15.184-10 Resubdivision restricted
11.15.200 14.15.19-220 Short plat amendment
14.15.010 Preliminary application for short subdivision — Requirements
A._An application for a short subdivision may be made by an owner or owners of land, or by an
authorized agent of an owner or owners, or by a duly authorized representative of any
governmental agency if the short subdivision is sought for a governmental purpose and such
application shall be filed with the • . - . - - • .. - - . .... :Planning Division.
B._Each application for a short subdivision shall include the following, . • _ . - - - ..
1._A written application on a form provided by the office of environmental Pplanning
Division and signed by the landowner or anler authorized agent.
2._A legible and reproducible drawing at a scale of one inch equals one hundred feet or
larger of the entire contiguous tract owned by the applicant, which shall show:
a. Name and address of owner(s) whose propertyies isare shown on the map.
b. North arrow.
c. Date of preparation.
d. The name, location and width of all streets and alleys abutting the property.
13
e. Tract and lot identification, lot lines, and dimensions of each lot.
f. Approximate location of existing improvements, buildings and permanent structures.
g. Size and location of water, sewer, and utility easements proposed to serve the lots to
be created and their point of connection with existing services.
h. If requested by the Administrator, contour lines at two foot elevation intervals for
slopes less than ten percent. Elevations shall be based on City of Yakima datum if
available.
i. and- Contour lines at five foot intervals shall be required for slopes Mew greater than
ten percent. Elevations shall be based on City of Yakima datum if available.
3.A nonrefundable application fee according to the current fee schedule as adopted by City
Council.
14.15.020 Criteria for approval
The Administrator shall approve the short subdivision and short plat if, and only after, he /she
makeings written findings and conclusions that:
A. The application complies with the general requirements for short subdivision approval as
specified by this chapter.
B. The proposed short subdivision appropriately provides for the public health, safety and
general welfare, for open spaces, drainage ways, streets or roads, alleys and other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and shall consider all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students who
walk to and from school. The Administrator may determine that other considerations are
appropriate to evaluate as criteria for approval.
C._The short subdivision and any associated dedication will serve the public interest.
1 1 .
The Administrator shall not approve a short plat and short subdivision unless he /she makes
' - ' . I -
A. The application complies with all applicable laws and regulations.
B. Appropriate provisions arc made for the public health, safety and general welfare and for
water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school
grounds and all other relevant facts, including sidewalks and other planning features that assure
the administrator determines are appropriate.
C. The short subdivision and any associated dedication will serve the public interest. (Ord.
98 65 § 2 (part), 1998).
14.15.040- -030 Preliminary application_ • ... • , • . ' .. . . , . • . • - . Time
limitation
14
Upon receiving a short subdivision application, the Administrator shall have twenty -eight (28)
days to determine if the application is complete. - - • .. . - - • -- •.
- - .. - • .. -- - . - ...'. - .. - Only
those preliminary applications deemed complete will be processed further. Incomplete
preliminary applications will be returned to the applicant together with a notice of deficiencies.
14.15.0040 Public notice of short plat application
Within ten (10) calendar days after the short subdivisionplat application is determined to be
complete, notice of the short plat application shall be sent by first -class mail to all owners, as
shown on the records of the Yakima County aAssessor, of land located within three hundred
(300) feet of either (1) the land proposed to be subdivided or (2) any land adjacent to the land
proposed to be subdivided which is also owned by an owner of the land proposed to be
subdivided. The Notice of Application will follow the notice requirements of Yakima Municipal
Code Chapter 16.05 and may be either a post card format or letter size paper.
14.15.050 Administrator's approval/disapproval
Following the notice of application, the Administrator shall approve, disapprove, or return for
modification all preliminary short subdivision applications. In reaching the conclusion to
approve or disapprove short subdivisions, the Administrator shall determine whether the
requirements of this title have been satisfied and make a formal written finding of fact as to
whether the short subdivision is consistent with the standards of the City of Yakima Zoning
Ordinance and Urban Area Comprehensive Plan.
14.15.060 Findings and conclusions
The Administrator shall not approve a preliminary short plat and short subdivision unless
written findings are made that the Criteria for Approval from YMC 14.15.020 along with all
applicable laws and regulations have been met. A preliminary short plat may be appealed under
the provisions of YMC Ch. 14.50. A Final Short Plat cannot be recorded during the appeal
period.
14.15.060 - 070 Final short plat — Time limitation
Following preliminary short plat approval the applicant will have eighteeniefithsfive (5)
years in which to comply with the conditions of approval and submit the final short plat. This
approval may be extended up to one additional year by action of the Administrator. Requests for
extension must be in writing to the Planning Department and must be received prior to the
expiration date of initial approval.
15
14.15.0-70 -080 Land survey requirements
A._AThe final Final short Short pPlat of land shall be prepared by or under the supervision of a
registered land surveyor of the State of Washington as a result of a land survey.
B._All proposed short plats shall be referenced either from/to two monumented section or
quarter section corners, or from/to two other suitable permanent control monuments.
C._Each lot corner established by a land survey shall be marked by a permanent survey
monument, as defined in SectienYMC - 14.10.020.250 of this Title.
14.15.080 - 090 Final short plat contents
A final short plat shall be legibly drawn, printed, or reproduced by a process guaranteeing a
permanent record in black on fft54.afMylar, or equivalent and shall be eighteen inches by twenty -
four inches in size. It shall show:
A._All lots or parcels, which include land, proposed to be divided.
B._The taxation parcel number or numbers assigned by the Yakima County Assessor to land
proposed to be divided.
C._The house address for each lot shown upon the short plat.
D._The names or recording numbers of any contiguous subdivisions or short subdivisions.
E._Lot corners and lines marking the division of the land into nine or fewer lots.
F._Location, size, purpose and nature of existing roads, streets, utilities, rights -of -way, and
easements adjacent to, or across, the land proposed to be divided.
G._Location of any roads, rights -of -way, or easements proposed to serve the lots within the
proposed short plat with a clear designation of their size, purpose and nature.
H._North arrow and scale.
1_The acknowledged signatures of all fee simple owners and other parties having interest in the
lands being subdivided as enumerated in subsections (I)(1)(b) and (2)(b) of this section, as
well as the acknowledged signatures of all property owners of property over which access or
utility easements pass unless such easements are previously or simultaneously recorded by
separate instrument in the County Auditor's office, certifying the following:
1. In the case of a short subdivision not containing a dedication:
a._A full and correct legal description of the land proposed to be divided as it appears on
the short plat.
b. statement of free consent in substantially the following form., provided that the
reference to easements to-be omitted whenre not applicable:
Know all persons by these presents that are
the fee simple owners of the land hereon described; have with their free consent and in
accordance with their desires caused the same to be surveyed and short platted as shown
hereon; and do hereby grant and rescrvcdedicate the easements as shown hereon for the
uses indicated hereon.
(Name)
16
(Name)
2._In the case of a short subdivision containing a dedication:
a._A full and correct legal description of the land to be divided as it appears on the short
plat;
b. statement of free consent and waiver of claims for damages in substantially the
following form:
DEDICATION AND WAIVER OF CLAIMS
Know all persons by these presents that
are the owners and all other parties having any interest in the land hereon described; have
with their free consent and in accordance with their desires caused the same to be
surveyed and short platted as shown hereon; do hereby dedicate those roads and/or rights -
of -way shown as public dedications hereon to the use of the public; do hereby waive on
behalf of themselves and their successors in interest all claims for damages against the
City of Yakima and any other governmental authority which may be occasioned to the
adjacent land by the established construction, drainage and maintenance of said dedicated
roads and/or rights -of -way; and do hereby gfafit-and-r-eservededicate the easements as
shown hereon for the uses indicated hereon.
(Name)
(Name)
3. If an offer of dedication includes, or is required to include, a waiver of direct access to
any street from any property, the appropriate certificate shall additionally recite said
waiver;
J. certificate by a registered land surveyor certifying to the accuracy of the survey and short
plat in substantially the following form:
h , Professional
Land Surveyor, do hereby certify that the short plat as shown is based upon an actual
survey in accordance with the requirements of the Survey Recording Act, that the
distances, courses and angles are shown hereon correctly, and that the monuments and lot
corners have been set on the ground as shown hereon.
(Surveyor's signature, seal and number)
K. The Yakima County Treasurer's Office certificate in substantially the following form:
17
I hereby certify that all chargeable regular and special assessments collectible by this
office that are due and owing on the property described hereon on the date of this
certification have been paid. Dated this day of
,20
Yakima County Treasurer's Office.
By:
L._If the short plat lies wholly or in part in an irrigation district, a statement evidencing
irrigation water right -of -way in substantially the following form:
The property described hereon is wholly or in part within the boundaries of the
Irrigation District and all lots within the short plat are
subject to the terms, conditions, reservations and obligations in the present and future
concerning irrigation water rights -of -way and easements as may be imposed by said
district in accordance with the law.
M._Administrator's signature block.
N. City Engineer's signature block.
. 11 11 i . . • ..
. - - ... . ... .. - •fined the short plat, notify all parties of record that the short
plat is ready to be approved. An approved short plat shall not be filed within fourteen (1 4)
calendar days after the date of mailing of said notice. Any appeals of the Administrator')
• I 1 1 •
• . . • • .. • • • • • . . . • . .' • , . . • . , • .
mil;
18
•
.. .. .. • •
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• 1 • •
• • • 1: PS. • .. • , . .
1 • •
•
decision:-
t h e C:t., C
B A ppea l P roce d ures .
19
. .
.. .. •• • . • •• •
• • . .•. . .
• : , • • • • • •, _ • • • , • • • . • • • • . • : , • • • • . • • • . •• • •
; • • • • • : • • • • • • .. • . . •
.. • • •• •. •
• . .. • .
. . . ... . .. • •. • . • . . . . . . . . . .. • . . • . • .
1°
i • _ •. ..
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.. . . . .. . . .. . .. . .
• • .. • •
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•• ' • • • • . . . . • • • . . • • . . . • . . • • • , • . .
aPPeah
20
(Ord. 98 65 § 2 (part), 1998).
. . . , . .. • . • • •
•
•• ... . • . . • .. •
98-45-4-24-Part--)49W
.! I .• , • .. • • • • • • • ,
98 65 § 2 (part), 1998).
. . ! ! . • , . .
.. .. .. •
.. • .. , .... . . . • . .. . • . , . . • ! . I . . • -
14.15.1804-71000 Approval of short subdivision —Fil Recording
, Each final short plat approved by the Administrator shall be filed for record in the office of the
Yakima County auditor and shall not be deemed approved until so filed. The owner(s) of the
21
land proposed to be subdivided shall be responsible for payment of all filing fees. A copy of the
recorded plat shall be provided to the city prior to the issuance of any building permits.
14.15.490 Resubdivision restricted
Pursuant to RCW 58.17.060, land in an approved short subdivision may not
be further divided in any manner within a period of five (5) years without the filing of a final plat
under the provisions of YMC Ch.apter 14.20 YMC, except that when the short plat contains
fewer than ninefeuf parcels, nothing in this section shall prevent the owner who filed the short
plat from filing an alteration within the five -year period to create up to a total of four nine lots
within the original short plat boundaries.
14.15.200 - 1920 Short plat amendment /alteration
An approved and recorded short plat may be amended, altered, or vacated in whole or in part
- . - ... - - _ ... : - by recording an amended short plat in accordance with the
following provisions:
A. The amended short plat must comply with procedures and requirements of this chapter for
original short plat approval.
B. The title of the amended short plat shall be:
Short Plat No.
Amcnding Short Plat No. . Amended City of Yakima Short Plat.
C. The amended short plat shall show all of the land shown on the original short plat; shall show
all deleted original lot lines as dashed lines; and shall bear the acknowledged signatures of all
current fee simple owners and contract purchasers of the affected lots within the original
short plat as shown by a current title certificate.
D. The amended short plat shall not increase the number of lots included in the original short
plat unless the original short plat created fewer than the maximum allowable number of lots.
Where fewer than four—nine lots were create an amended short plat may increase the
number of lots up to a final total of feminine.
E. Minor errors not involving any change in lot lines may be corrected by the surveyor upon
approval of the Administrator by recording an affidavit with the Yakima County Auditor
which specifically references the affected short plat by number and sets forth the correction.
Chapter 14.20
SUBDIVISION — PROCEDURE
Sections:
14.20.010 Simultaneous review
14.20.020 Preapplication procedure
14.20.030 Subdivision application— Requirements
14.20.040 Preliminary plat preparation
14.20.050 Preliminary plat contents
14.20.060 Determination of complete application
22
14.20.070 Open record public hearing date established
14.20.080 Notice of open record public hearing
14.20.090 Notice to affected agencies and departments
14.20.100 Review by City of Yakima Planning Commission or Hhearing Eexaminer—
Recommendation required
14.20.110 Preliminary plat —City council determination at public meeting — Procedure for
change of recommendation —Time limitation for approval or disapproval
14.20.120 Preliminary plat— Factors to be considered by City Council— Findings—
Conditions of approval
11.20.121 14.20.130 Preliminary plat — Allowance of bond in lieu of actual improvements
prior to approval of final plat
14.20.130 14.20.140 Preliminary plat— Creation of local improvement district in lieu of
actual improvements prior to approval of final plat
14.20.140 14.20.150 Maintenance bond
11.20.150 14.20.160 Preliminary plat— Expiration of approval — Extension — Conditions
14.20.15705 Preliminary plats— Offers and agreement to sell lots
14.20.160 14.20.180 Final plat— Submission for approval required— Copies —Fees
11.20.170 14.20.190 Final plat — Preparation
14.20.200459 Final plat — Conformance with preliminary plat approval
14.20.210190 Final plat— Requirements
14.20.200 14.20.220 Final plat approval
14.20.234 -0 Final plat— Recording
14.20.2420 Final plat — Alterations, vacations
14.20.250 Final plat — Street vacations
14.20.2640 Plat vacation — Requirements for complete application
14.20.2750 Plat vacation — Criteria for approval
14.20.2860 Plat alteration— Requirements for complete application
14.20.29 70 Plat alteration— Criteria for approval
14.20.010 Simultaneous review
Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat
application shall be processed simultaneously with applications for rezones, variances, planned
unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the
extent that procedural requirements applicable to these actions permit simultaneous processing.
14.20.020 Pre - application procedure
A subdivision applicant shall may first prepare and submit a pre = application drawing of the
proposed subdivision showing the proposed layout of the lots, streets, and utilities. The
admhaistr-ateFAdministrator shall then schedule an informal meeting with the subdivision
applicant and the design services team (DST) to review the proposal. Based upon information
acquired during this meeting, the subdivision applicant may then prepare a preliminary plat and
submit an application for the proposed subdivision.
14.20.030 Subdivision application— Requirements
23
A. A subdivision application may be submitted by an owner or owners of land, or by an
authorized agent of an owner or owners, or by a duly authorized representative of any
governmental agency if the subdivision is sought for a governmental purpose, and such
application shall be filed with the city office of environmental planning.
B. Each subdivision application shall include the following, which shall be necessary for
1. A written application on a form provided by the office of environmental Pplanning
Division and signed by the land owner, owners, or authorized agent.
2. A current preliminary land title commitment.
3. Twenty (20) copies of the proposed preliminary plat of the property, prepared according
to the requirements of this titleYMC 14.20.050.
4. A nonrefundable application fee according to the current fee schedule adopted by City
Council.
5. A completed environmental checklist pursuant to the provisions of the State
Environmental Policy Act (SEPA) and YMC Chapter 6.88 YMC together with a
nonrefundable processing fee according to the current fee schedule as adopted by City
Council.
14.20.040 Preliminary plat preparation
The proposed preliminary plat must shall be prepared by a land surveyor registered in the state
of Washington.
14.20.050 Preliminary plat contents
The proposed preliminary plat shall be legibly drawn at a scale of one inch equals one hundred
feet or larger and shall be at least eighteen inches by twenty -four inches in size. It shall show:
A. All existing lots or parcels included in the proposed subdivision.
B. The proposed name of the subdivision. This name shall not duplicate any name used on a
recorded plat or subdivision in Yakima County, including the municipalities of Yakima
County.
C. An accurate and complete legal description of the proposed subdivision.
D. Scale, north arrow, and date.
E. Boundary lines based upon a recent land survey of the land proposed to be subdivided and
boundary lines of all proposed lots and streets.
F. Location and size of water and sewer lines, utility easements, and drainage system proposed
to serve the lots within the proposed subdivision and their point(s) of connection with
existing services.
G. Location, size, purpose, and nature of existing roads, streets, rights -of -way, and easements
adjacent to, or across, the land.
H. Location of any streets, rights -of -way, or easements proposed to serve the lots within the
proposed subdivision with a clear designation of their size, purpose, and nature.
I. Parcels of land intended or required to be dedicated for streets or other public purposes.
J. Contour lines at two foot elevation intervals for slopes less than ten percent and five foot
elevation intervals for slopes more than ten percent. Elevations shall be based upon City of
Yakima datum if available.
24
14.20.060 Determination of complete application
Upon receiving a subdivision application, the Administrator shall have twenty -eight (28) days
to determine if the application is complete. If the application is not complete, the Administrator
will notify the applicant of such determination and what is necessary to make the application
complete. Within fourteen (14) days after an applicant has submitted additional necessary
information, the Administrator shall determine whether or not the application is complete and
notify the applicant accordingly.
14.20.070 Open record public hearing date established
When the Administrator determines that a complete subdivision application has been
submitted, the Administrator shall set a date for an open record public hearing on the application
before the City of Yakima Planning Commission, or the Hearing Examiner. The Administrator
may establish deadlines for submittal of applications prior to regular monthly planning
commission or hearing examiner hearing dates; however, the hearing date shall not be set more
than sixty (60) days, nor less than twenty (20) days, from the date that an application is
determined to be complete.
14.20.080 Notice of open record public hearing
A. The city shall give notice of the open record public hearing before the City of Yakima
Planning Commission or the Hearing Examiner as follows:
1. By publication of notice at least once,. not less than ten calendar days prior to the hearing,
in a newspaper of general circulation within Yakima County and a newspaper of general
circulation in the area where the real property to be subdivided is located.
2. At least ten calendar days before the date of the open record public hearing, notice of the
hearing shall be sent by first -class mail to all owners, as shown on the records of the
Yakima County Assessor, of land located within three hundred (300) feet of either: (1)
the land proposed to be subdivided, and ef-(2) any land adjacent to the land proposed to
be subdivided which is also owned by an owner of the land proposed to be subdivided.
3. Additional notice of such hearing shall be given to the board of Yakima County
commissioners and the Yakima County Planning Department upon the filing of a
preliminary plat of a proposed subdivision adjoining the municipal boundaries of the City
of Yakima.
4. Additional notice of such hearing shall be given to the Washington State Department of
Highways-Transportation upon the filing of a preliminary plat of a proposed subdivision
located adjacent to the right -of -way of a state highway.
B. The Notice of Application will follow the notice requirements of Yakima Municipal Code
Chapter 16.05 and may either be a post card format or letter size paper.
14.20.090 Notice to affected agencies and departments
Upon determining that a subdivision application is complete, the Administrator shall, when he
or she determineds -it appropriate to do so, notify the following agencies and departments of the
date, hour, and location of the public hearing, together with a copy of the preliminary plat:
25
A. City Director of Public Works;
B. City Office of Code Enforcement;
C. City Office of Engineering;
D. Yakima County Clean Air Authority;
E. Appropriate irrigation district or company;
F. Private water company;
G. City Fire Department;
H. City Police Department;
I. Yakima Health District;
J. Yakima County department of public works;
K. Affected school district;
L. Local office of the Washington State Department of Ecology;
M. Local office of the United States Soil Conservation Service;
N. The office of any electrical distribution company servicing the area;
O. The office of any telephone company servicing the area;
P. The office of any natural gas company servicing the area;
Q. Any other affected utility company or special district.
14.20.100 Review by City of Yakima Planning Commission or Hearing Examiner —
Recommendation required
A. The City of Yakima Planning Commission or the Hearing Examiner shall review the
proposed subdivision during an open record public hearing to inquire into and determine
whether or not the following standards are satisfied:
1._The proposed subdivision must be consistent with the provisions of the urban area zoning
ordinance;
2._The proposed subdivision must be consistent with the City of Yakima's comprehensive
plan;
3. proposed subdivision must be consistent with the provisions of this title;
4._As required by RCW Chapter 58.17 RCW, the proposed subdivision must make
appropriate provisions for:
a._Public health, safety, and general welfare,
b. Open spaces,
c._Drainage ways,
d._Streets or roads, alleys, and other public ways,
e._Transit stops,
f._Potable water supplies, irrigation and other water suppliers,
g._Sanitary waste disposal,
h._Parks and recreation,
i.
j. Schools and school grounds,
k._Sidewalks,
1. planning features that assure safe walking conditions for students who walk to
and from school;
5. upon standards 1 through 4 of this section, a finding that the public use and interest
will be served by the approval of this subdivision.
26
B._The City of Yakima Planning Commission or the Hearing Examiner shall submit a
recommendation for approval or disapproval, with written findings of fact and conclusions to
support the recommendation, to the City Council no later than ten working days following
the open record public hearing.
14.20.110 Preliminary plat —City mil— Council determination at public meeting —
Procedure for change of recommendation —Time limitation for approval or disapproval
A. Upon receipt of the recommendation of the City of Yakima Planning Commission or the
Hearing Examiner on any preliminary plat of a proposed subdivision, the City Council shall
at its next public meeting set the date for a closed record public hearing to consider the
proposed subdivision and the Hering Examiner's recommendation.
B. The City Council shall conduct a closed record public hearing on all preliminary plats.
Review by the council shall be based upon the record, which shall include all materials
properly submitted at any previous stage of the review, the written documents and exhibits
and oral comments of the parties and interested persons offered at the open record public
hearing, audio /video tapes of the open record public hearing conducted by the Hea
Examiner, and the Hearing Examiner's recommendation. The City Council may also
consider written or oral remarks regarding the facts in the record as it was developed before
and was considered by the City of Yakima Planning Commission or the Hearing Examiner.
Only for good cause shown, as determined by the City Council, may a party submit at the
closed record public hearing information which was not part of the record as it was
developed before and was considered by the City of Yakima Planning Commission or the
Hearing Examiner. Following the closed record public hearing, the City Council may (1)
affirm the decision of the City of Yakima Planning Commission or the Hearing Examiner,
(2) remand the matter back to the City of Yakima Planning Commission or the Hearing
Examiner with appropriate directions, or (3) reverse or modify the City of Yakima Planning
Commission's or the Hearing Examiner's recommendation. The City Council shall adopt
written findings and conclusions in support of its decision. If the City Council affirms the
' recommendation to approve or disapprove the preliminary plat, it may
adopt the Hearing Examiner's findings, conclusions, and recommendation. If the City
Council rejects the Hering Examiner's recommendation, it shall adopt appropriate findings
and conclusions.
C. A record of all meetings and hearings concerning the proposed subdivision shall be kept and
shall be open to public inspection.
D. Each preliminary plat of a proposed subdivision and any associated dedication shall be
approved, disapproved, or returned to the applicant for modification or correction within
ninety calendar days from the date that an application has been deemed as complete unless
the applicant consents to an extension of such time period; provided, that if an environmental
impact statement is required as provided in Seetion-RCW 43.21C.030 of the Revised Code of
Washington, the ninety -day period shall not include any of the time devoted by the city City
to any preparation or circulation of such environmental impact statement.
14.20.120 Preliminary plat— Factors to be considered by City Council— Findings—
Conditions of approval
27
A. The City Council shall review the proposed subdivision and the recommendations and
findings of the City of Yakima Planning Commission or the Hearing Examiner. If City
Council determines that the standards of Section YMC 14.20.120 of this title are satisfied,
then it shall approve the preliminary plat. If City Council determines that the standards of
e°�YMC 14.20.120 of this title have not been satisfied, then it shall adopt its own
recommendations and disapprove the preliminary plat.
B. The City Council shall, in making its determination pursuant to YMC 14.20.120s ont
A) of this section, consider the physical characteristics of a proposed subdivision site and
may disapprove a proposed plat because of flood, inundation, or swamp conditions. The City
Council may, as the alternative to disapproval, require construction of protective
improvements for flood, inundation or swamp conditions as a condition of approval of the
preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the City
eCouncil covering any land situated in a flood control zone as provided in RCW Chapter
86.16 of the Revised Code of Washington without the prior written approval of the
Washington State Department of Ecology.
C. The City Council may require dedication of land to any public body as a condition of
approval of the preliminary plat of a proposed subdivision. If the proposed subdivision
includes a dedication, City Council may require a waiver of the right of direct access to any
street from any property.
D. The City Council shall not require a release from damages to be procured from other
property owners as a condition of approval of a proposed subdivision.
14.20.E -130 Preliminary plat — Allowance of bond in lieu of actual improvements prior to
approval of final plat
A. As an alternative to construction of required improvements prior to final plat approval, the
subdivision applicant may provide a surety bond or other secure method acceptable to the
City Council which provides for and secures to the City the actual construction of the
improvements.
B. The value of the bond or security shall be one hundred = ten (110) percent of the estimated
cost of the improvements. The estimated cost shall be based upon the approved civil
engineering design of the required improvements.
C. An application for use of a surety bond or other method of security shall be made to the City
Engineer and shall describe the method of security to be provided and the estimated cost of
the required improvements. The application, including the estimated cost of improvements
and the general terms of the security agreement, shall be subject to review and approval by
the City Engineer and the City Attorney, who shall notify the subdivision applicant of
I tentative approval or rejection of the application within fourteen (14) days after its filing.
D. After tentative approval of an application has been given by the city engineer and the city
I attorney as provided in subsection LCD of this sectionabove, the subdivision applicant shall
submit the bond or other method of security to the City Engineer for final review and
approval.
14.20.140 Preliminary plat — Creation of local improvement district in lieu of actual
improvements prior to approval of final plat
I 28
In lieu of the actual installation or construction of required improvements prior to approval of
the final plat, the City Council may authorize the creation of a local improvement district
pursuant to a request therefore made by the owner, the creation of which district, and the lapse of
the time period for protests against the creation thereof, shall be deemed by the City to be
sufficient assurance that improvements will be installed.
14.20.140 Maintenance bond
A. The subdivision applicant shall file with the City Engineer a maintenance bond or propose
some other method of security providing for and securing to the City of Yakima the
successful operation of required improvements for one (1) year and assuring the correction or
repair of any defects in workmanship or material appearing within that one (1) year period.
B. The amount and conditions of the maintenance bond or other method of security shall be
subject to approval by the City Engineer and City Attorney.
14.20.150 Preliminary plat Expiration of approval — Extension — Conditions
A. Approval of preliminary plats of proposed subdivisions shall expire fivethree (35) years
from the date of City Council approval thereof. The council shall, upon written application of
the subdivision applicant at least thirty (30) days prior to such expiration, grant an extension
for a maximum period of one (1) year upon a showing that the applicant has attempted in
good faith to submit the final plat within the three -five (35) year period.
B. The City Council shall determine whether to grant an extension of time on the basis of the
past diligence and future plans of the subdivision applicant, as well as the 14earing
Exam recommendation.
C. Any extension of time granted pursuant to this section shall be conditioned upon the
proposed subdivision's compliance with all subdivision requirements in effect on the date
that such extension is granted.
14.20.17055 Preliminary plats — Offers and agreement to sell lots
An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat
approval which that is not expressly conditioned on the recording of the final plat containing the
lot violates this title. All payments on account of an offer or agreement conditioned as provided
in this section shall be deposited in an escrow or other regulated trust account and no
disbursement to sellers shall be permitted until the final plat is recorded.
14.20.180 Final plat Submission for approval required Copies — Fees
A. A final plat of a proposed subdivision may be submitted for approval by the City Council by
filing the proposed final plat in the office of environmental planningwith the Planning
Division within three five (5) years from the date of approval of the preliminary plat or
within the time provided as an extension granted by the City Council.
B. Each final plat submitted for approval shall be accompanied by an original reproducible
drawing of the subdivision, four (4) copies thereof, and a current title report.
14.20.78 - 190 Final plat Preparation
29
A. Each final plat shall be prepared by a land surveyor registered in the State of Washington and
certified by the surveyor to be a true and correct representation of lands actually surveyed by
him.
B. The final plat shall be prepared by the surveyor in accordance with the provisions of the
Survey Recording Act (RCW Ch. 58.09) as it now exists or is hereafter amended.
C. The land survey of the final plat shall be referenced from two (2) monumented section or
quarter section corners or, if the land lies within an existing subdivision, from two controlling
monuments within the existing subdivision.
D. Permanent survey monuments, and defined in SectionYMC Ch. 14.10-2-50, shall be placed at
all lot corners and street intersections.
14.20.2001 Final plat Conformance with preliminary plat approval
A proposed final plat must conform to the conditions of preliminary plat approval. The City
Council may approve a proposed final plat which, because of unforeseen technical or
engineering problems, involves minor deviations from the preliminary plat.
14.20.2101--94 Final plat Requirements
Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred
feet or larger, shall be eighteen inches by twenty -four inches in size, and shall contain the
following information on the face of the plat or on additional sheets if approved by the
I Administrator:
I A._Date, north arrow and scale.
B. Name of the subdivision.
C. Accurate and complete legal description of the subdivision on the face of the final plat.
D. A complete survey of the section or sections in which the plat or replat is located, or as much
thereof as may be necessary to properly orient the plat within such section or sections.
E. Boundary lines of the subdivision; of the proposed lots therein; of the rights -of -way for any
streets, highways, roads, easements or other uses; and of any associated dedications; all to be
indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central
angles of all curves.
F. Notation and description of any protective improvements or dedications required by the City
Council or otherwise provided.
G. Reference to any recorded subdivision or short subdivision adjoining the subdivision.
H. Name and right -of -way width of each street or other right -of -way.
I. Location, dimensions, and purpose of any easements.
J. Number to identify each lot and block.
K. Addresses for each lot within the plat.
L. Purpose for which sites, other than residential lots, are dedicated or reserved.
I M. Certificate by the professional surveyor certifying to the accuracy of the survey and plat in
substantially the following form:
I, , a Professional Land Surveyor, do hereby certify that the
plat of is based upon an actual survey and
subdivision of Section , Township , Range , that the distances, courses,
30
and angles are shown thereon correctly and that monuments and lot corners have been set
on the ground as shown on the plat.
si nature seal)
(Surveyor's g and sea )
N._Acknowledged certificate of free consent executed by all parties having any interest in the
lands being subdivided as shown by a current title report; and also, in the case of plats
containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for
damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a
form substantially the same as specified by Section YMC 14.15.080 -(I) of this title.
O. If the subdivision lies wholly or in part in an irrigation district, a statement evidencing
irrigation water right -of -way in substantially the following form:
The property described hereon is wholly or in part within the boundaries of the
Irrigation District and all lots within the short plat are
subject to the terms, conditions, reservations and obligations in the present and future
concerning irrigation water rights -of -way and easements as may be imposed by said
district in accordance with the law. . - -• • • - - . - .
P. Dedication by the owner of streets, rights -of -way, easements, and any sites for private, semi-
private, or public use.
Q. The signature of the City Engineer or other licensed engineer acting on behalf of the city.
Signature by the City Engineer shall certify that the subdivision applicant has either:
1. Completed all improvements in accordance with these regulations and with the action of
the City Council, or
2. Submitted a bond or other method of security in accordance with the provisions of
SeetionYMC 14.20.150 14.20.130 of this title sufficient to assure completion of all
required improvements.
R. The signature of the Administrator which shall certif ycertifying that the final plat conforms
to the conditions of approval for the preliminary plat of the sub ivision.
S. A space for the signature of the mayor, whose signature shall evidence the approval of the
final plat by the Yakima City Council.
14.20.200 Final plat approval
A. Upon receipt of a proposes final plat meeting the requirements of YMC 14.20.210, the City
Council sha11 at its next public meeting set a date for consideration of the final plat. Notice
of the date, time, and location of the public meeting shall be given to the subdivision
applicant, surveyor, city engineer, : - . - • .. - . .., . • - : and the Yakima County
Health Officer at least €ei-ten (104) days prior to the date of the public meeting.
B. The City Council shall review the final plat during the public meeting and shall approve the
final plat if the City eCouncil determines that the final plat conforms to the conditions of
preliminary plat approval and applicable state laws and meets the requirements of this
titIeYMC Title 14 as they existed when the preliminary plat was approved.
31
C. Upon approving any final plat, the City Council shall authorize the mayor to sign the final
plat as evidence of City Council approval.
14.20.24 Final plat Recording
All final plats approved by the City Council and signed by the mayor shall be filed for record
immediately, or as soon as possible, by the subdivision applicant in the Yakima County
Auditor's office. The subdivision applicant shall be responsible for all filing fees. Any final plat
filed for record containing a dedication shall be accompanied by a current title report. A copy of
the recorded plat shall be provided to the city prior to the issuance of any building permits.
14.20.220 - 240 Final plat — Alterations, vacations
A. The alteration or vacation of final plats filed for record in the office of the Yakima County
Auditor shall comply with the provisions of RCW Chapter 58.1258.17 Reviscd Code of
Washington.
B. All petitions for plat alterations or vacations, except as provided for in YMC 4- 14.05.160 and
14.05.170, shall be submitted on forms provided by the : - - . . • . :Planning
Division and shall be reviewed by the Hearing Examiner at an open record public hearing.
.. • •• . ..• • - .. :: - YMC Section 1.43.080(D), delegates to the Hearing Examiner final
authority on plat alterations. The final amended plat will be prepared in accordance with the
Hearing Examiner's decision and submitted to the Hearing Examiner or
- • . - : : - .. - - Administrator for signature.
14.20.230 - 250 Final plat Street vacations
A. The vacation of any street within a final plat filed for record in the office of the Yakima
County Auditor shall comply with the provisions of RCW Ch,apter 35.79 Revised Codc of
Washington.
B. All petitions for street vacations or resolutions of the City Council initiating the same shall be
reviewed by the Hearing Examiner and a recommendation made thereon to the City Council
prior to council action.
C. The abutting property owners of any street, alley, or other public way proposed to be vacated
shall may be required to compensate the City of Yakima for vacated public right -of -way in
accordance with the current City Council policy on said compensation.
14.20.240 - 260 Plat vacation — Requirements for complete application
An applicant for a plat vacation shall submit the following items and information:
A. The reasons for the proposed vacation;
B. Signatures of all parties having an ownership interest in that portion of the subdivision
proposed to be vacated;
C. If the subdivision is subject to any covenants which were filed when the subdivision was
approved, and whether the proposed vacation would result in the violation or failure of any
such covenant, the application shall include an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the proposed vacation of the subdivision or portion thereof
32
D. A copy of the approved plat proposed to be vacated, together with all plat amendments
recorded since the date of the original approval.
14.20.250 270 Plat vacation Criteria for approval
A. Approval. The Hearing Examiner shall render the final decision on proposed plat vacations.
The Hearing Examiner's decision may be appealed to the City Council. See YMC Ch. 14.50
for appeal procedures.
B. Criteria for Approval. The proposed plat vacation may be approved or denied after a written
determination is made whether the public use and interest will be served by the proposed
vacation of the subdivision. If any portion of the land contained in the subdivision was
dedicated to the public for public use or benefit, such land, if not already deeded to the City,
shall be deeded to the City unless the Hearing Examiner finds that the public use would not
be served by retaining the public interest in such land.
C. Vacation of Streets or Other Public Rights -of -Way. When the vacation application
specifically proposes vacation of a city street or other public right -of -way, the City's street
vacation procedures shall be utilized. When the application is for the vacation of a plat
together with any street or other public right -of -way, the procedure for vacation in this
section shall be used, but no street or other public right -of -way may be vacated contrary to
the provisions of RCW Chapter 35.70-79 RCW or the City's street vacation ordinance.
D. Easements established by a dedication are property rights that cannot be extinguished or
altered without the approval of the easement holder, unless the plat or other
document creating the dedicated easement provides for an alternative method or methods to
extinguish or alter the easement.
14.20.280 Plat alteration Requirements for complete application
An applicant for a plat alteration shall submit the following:
A. Signatures of the majority of those persons having an ownership interest of lots, tracts,
parcels, sites or divisions in the subject subdivision or portion to be altered;
B. If the subdivision is subject to restrictive covenants which ere filed at the time of the
approval of the subdivision, and the application for alteration would result in the violation of
a covenant, the application shall contain an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the alteration of the subdivision or portion thereof;
C. A copy of the approved plat sought to be vacated, together with all plat amendments
recorded.
14.20.270 290 Plat alteration Criteria for approval
A. Approval. The Hearing Examiner shall render the final decision on proposed plat alterations.
The Hearing Examiner's decision may be appealed to the City Council. See YMC Ch. 14.50
for appeal procedures.
B. Criteria for Approval. The plat alteration may be approved or denied after a written
determination is made whether the public use will be served by the alteration of the
subdivision. If any land within the alteration is part of an assessment district, any outstanding
assessments shall be equitably divided and levied against the remaining lots, parcels, or
33
tracts, or be levied equitably on the lots resulting from the alteration. If any land within the
alteration contains a dedication to the general use of persons residing within the subdivision,
such land may be altered and divided equitably between the adjacent properties.
C. Revised Plat. After approval of the alteration, the final amended plat will be prepared in
accordance with the Hearing Examiner's decision and submitted to the Hearing Examiner or
- • A '' _ . t"".. ... . - •
.. - - Administrator for
signature, after which, it shall be filed with the County Auditor to become the lawful plat of
tlepertyrecord.
Chapter 14.25
SUBDIVISION — DESIGN REQUIREMENTS
Sections:
14.25.010 Conformity to provisions required.
14.25.020 Comprehensive plan compliance required.
14.25.030 Zoning ordinance compliance required.
14.25.040 Lot design.
14.25.050 Block design.
14.25.010 Conformity to provisions required
Every subdivision preliminary plat shall conform to the provisions of this chapter and shall
thereafter adhere to the requirements of this chapter in the actual physical development of the
subdivision.
14.25.020 Comprehensive plan compliance required
Every subdivision shall comply with the goals, policies, and standards of the City of Yakima
Urban Area Comprehensive Plan as it now exists or is hereafter amended.
14.25.030 Zoning ordinance compliance required
Every lot within a subdivision shall comply with the lot size and width requirements of the
I City of Yakima Urban Area Zoning Ordinance.
14.25.040 Lot design
Each lot within a subdivision shall comply with the following design standards and
requirements:
I A. Double frontage lots, as defined in YMC Scction 14.10.020,. l l0 of this Title, are permitted
only where determined by the City Council, or the Administrator in the case of short
subdivisions, to be essential to provide separation of residential lots from major and
secondary arterial streets or high- intensity land uses or to overcome specific disadvantages of
topography or parcel configuration. When double frontage lots are used, access shall be
limited to only one of the fronting streets.
B. All lots within a subdivision shall have direct access to and frontage upon a dedicated public
street or be accessed by an easement. Access easements cannot serve more than one lot.
• - - - -- -
34
Municipal Code. Minimum street frontage and /or access easement width shall be at least
twenty (20) feet. Lots intended for residential use should not front upenaccess a
majer or minorsecendta y arterial.
C. Private streets conforming to YMC 12.06.090 may be allowed within a Master Planned
Development pursuant to YMC Ch. 15.28.
CD. All lots not located in a Master pPlanned Ddevelopment subdivision shall have a
minimum lot width at the building setback line of fifty (50) fcct.consistent with Table 5 -2
(YMC Ch. 15.05).
14.25.050 Block design
Blocks shall not be less than two hundred and fifty feet nor more than one thousand feet in
length as measured along their greatest dimension. Any block over six hundred and sixty feet in
length may be required to provide for a pedestrian way connecting opposite sides of the block.
The pedestrian way shall be dedicated to public use and shall be located as near as possible to the
center of the block.
Chapter 14.30
SUBDIVISION— IMPROVEMENT REQUIREMENTS
Sections:
14.30.010 Conformity to provisions required
14.30.020 Design and engineering plans required
14.30.060 Improvements for unstable soil conditions
14.30.010 Conformity to provisions required
Every subdivision shall conform to the subdivision improvement requirements of this chapter.
14.30.020 Design and engineering plans required
The subdivision applicant shall submit design and engineering plans to the City Engineer for
all improvements required pursuant to the provisions of this title. No construction of
improvements shall begin before the City Engineer has approved the plans according t ^in
accordance with the provisions of YMC Title 12 YMC.
14.30.060 Improvements for unstable soil conditions
Land which has a slope or slopes of more than twenty (20) percent or has unstable soil
conditions shall not be subdivided unless the subdivision applicant first furnishes soils data to the
City Engineer and designs and installs corrective measures to control slides, erosion, drainage, or
other similar problems as required and approved by the City Engineer. Review under YMC Ch.
15.27 may be required for land classified as Geologically Hazardous Areas.
35
Chapter 14.35
BINDING SITE PLANS
Sections:
14.35.010 Purpose
14.35.020 Authority
14.35.030 Applicability
14.35.040 Application
14.35.050 Determination of complete application
14.35.060 Public notice of binding site plan application
14.35.070 Design services team meeting
14.35.080 Administrative decision
14.35.090 Preliminary approval— Limitations
14.35.100 Final plan approval and recording
14.35.110 Administrative approval of individual lots
14.35.120 Vacation or alteration of a recorded binding site plan
14.35.130 Appeals
14.35.010 Purpose
The purpose of this chapter is to provide a process for the division of land for the purpose of
sale, lease, or transfer of commercial or industrial lots as an alternative to the subdivision
process.
14.35.020 Authority
RCW 58.17.035 and 5-058.17.040(4) provide for a binding site plan process as an alternate
method of dividing land for commercial or industrial land.
14.35.030 Applicability
This chapter shall apply solely for the sale, lease, or transfer of lots zoned Small Convenience
Center (SCC); Large Convenience Center (LCC); Airport Support (AS); Central Business
District (CBD); General Commercial (GC); Regional Development (RD); Light Industrial (M -1);
and Heavy Industrial (M -2) under the Yakima Urban Area Zoning Ordinance, Title 15, YMC.
Land use development within binding site plans is governed by YMC 15.04.
14.35.040 Application
I Twenty (20) copies of a preliminary binding site plan shall be submitted to the office of
environmental planning together with the application fee set forth by the current fee schedule.
All site plans must include the following in order to be considered a complete application:
A. The proposed site plan, prepared by a licensed architect, engineer, or registered land
surveyor, that is of a scale of at least one inch equals one hundred feet.
B. All existing and proposed easements and public and/or private roads; all existing structures;
elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding
three percent; approximate location of all natural features.
I 36
C. The location, description, and proposed phasing of all facilities proposed to serve the
development:
1. Interior and exterior roadway network;
2. Water and sewerage facilities;
3. Stormwater drainage facilities;
4. Sidewalks and streetlights;
5. Fire protection devices with sufficient water storage and flows;
6. Facilities to address compatibility with adjacent dissimilar land uses;
7. Any lot(s) to be created as a part of the original binding site plan.
D. A current title report covering the entire property included in the site plan.
E. Provisions for long -term maintenance with adequate financing for areas and facilities under
common ownership.
14.35.050 Determination of complete application
Upon receiving an application for a binding site plan, the Administrator shall have twenty -
I eight (28) days to determine if the application is complete. Incomplete applications will be
returned so that deficiencies may be corrected. All re- submissions will be evaluated to determine
if a complete application has or has not been re- submitted.
14.35.060 Public notice of binding site plan application
The Administrator shall direct that public notice of the proposed binding site plan application
be given within ten (10) calendar days of a complete application. This notice shall consist of
mailing a notice of application to the owners of all properties within three hundred feet of the
exterior boundaries of the proposed binding site plan as such owners are shown on the records of
the Yakima County assessor. If the owner of the real property subject to the binding site plan
owns another parcel or parcels of real property which lie adjacent to the subject property, notice
I under this subsection shall be given to owners of real property located within three hundred feet
of any portion of the boundaries of such adjacently located parcels of real property owned by the
owner of the real property proposed to be subdivided. The Notice of Application will follow the
notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a post card
format or letter size paper.
14.35.070 Design services team meeting
To insure that all development requirements are properly addressed, upon receipt of a fully
completed binding site plan application, the office of environmental planning shall schedule a
design services team meeting and circulate a copy of the plan to all affected agencies together
I with the time and date of the meeting. This meeting will be scheduled within twenty (20) days of
receipt of a complete application.
14.35.080 Administrative decision
The Administrative Official shall review the binding site plan for compliance with the
provisions of this chapter and all other land use regulations in effect at the time of submission of
a fully completed binding site plan application. If all requirements for approval are met, the
37
Administrator shall provide written findings of facts supporting the approval of the preliminary
binding site plan and set forth all conditions for final binding site plan approval.
14.35.090 Preliminary approval Limitations
The approval of a preliminary binding site plan by the Administrator authorizes the applicant
to prepare the final site plan and develop the required improvements and facilities in accordance
with the conditions of approval. No sale, lease, or transfer of any lot proposed by the site plan
shall occur until a final binding site plan is approved and recorded with the Yakima County
auditor. The final site plan shall be submitted within four—five (45) years, of the date of
preliminary approval. Final plan approval and recording:
14.35.100 Final plan approval and recording
I When all conditions of the preliminary binding site plan approval are met, the developer shall
submit the final binding site plan together with the fee set forth in the adopted fee schedule to the
I planning department for processing and recording. The final binding site plan shall include the
following:
A. A complete survey of the entire property and the initial lots to be created if any, including the
legal description, north arrow, scale, surveyor's certificate, etc.
B. The acknowledged signatures of all parties having an ownership interest in the property.
C. The signature of the city engineer, the Administrator, and the county treasurer.
D. Auditor's certificate.
E. Written documentation that all requirements for preliminary binding site plan approval are
met including the completion of all required infrastructure improvements.
Once all the above requirements are met, the planning department shall file the final binding
site plan with the county auditor.
14.35.110 Administrative approval of individual lots
Once the final binding site plan is recorded, the creation of individual lot(s) other than lots
established by the recorded binding site plan may be administratively approved through the
qualified exemption process set forth in YMC 14.05.15014.05.160(G). Once a completed
binding site plan exemption application is submitted together with the fee set forth in the adopted
fee schedule, it will be reviewed by the planning department and city engineer, and any other
agency with jurisdiction for compliance with this chapter. The application must include the
following:
A. The proposed lot(s) created must be surveyed by a registered land surveyor and the legal
description for the lot must be prepared by the surveyor in accordance with the Survey
Recording Act (Chapter 58.09 RCW). All parties having an ownership interest in the
property shall sign the exemption application and the survey.
B. The lot(s) to be created meet the requirements set forth in the recorded final binding site plan.
C. The lot(s) meet the minimum lot size in the zoning district.
When the exemption application is approved, the survey containing the above information
must be recorded with the county auditor's office prior to the sale, lease, or transfer of any lot.
38
14.35.120 Vacation or alteration of a recorded binding site plan
Whenever any person is interested in the vacation or alteration of a recorded binding site plan,
the procedures set forth in Sections YMC 14.35.040 through 14.35.090 contained herein shall be
followed, except that this section does not apply to the creation of lots under SectienYMC
11.35.100 14.35.110 above, and except that modifications to binding site plans that are
determined by the director of community and economic development to be minor, may be
reviewed and approved administratively.
14.35.130 Appeals
Any decision of the Administrator may be appealed following the procedures set forth in
ChapterSectiens 14.50 11.15.100 through 11.15.190 14.15.160 of this title.
Chapter 14.40
SUBDIVISION AND SHORT SUBDIVISION ENFORCEMENT PROVISIONS
Sections:
14.40.010 Administrative officer
14.40.020 Variances
14.40.030 Building permits restricted
14.40.040 Penalty for violation
14.40.050 Each transfer a separate offense
14.40.060 Violation as nuisance
14.40.070 Remedies preserved
14.40.010 Administrative officer
I The Administrator City's director of community and economic development shall be vested
with the administrative duty of interpreting, coordinating responsibilities, and enforcing the
provisions of this titleYMC Title 14.
14.40.020 Variances
A. Applications for variances from the literal enforcement of the terms of this titleYMC Title 14
shall be made in writing and filed by the landowner with the City department of community
- . - .. - - - Planning Division, which application shall specifically state the
relief sought and the reasons thereforethereof. The application for variance shall demonstrate
all of the following:
1. That special conditions and circumstances exist which are peculiar to the land involved
and which are not applicable to other lands in the same area.
2. That literal interpretation of the provisions of this title would deprive the land owner of
rights commonly enjoyed by other properties in the same area under the terms of this
title.
3. That the special conditions and circumstances do not result from the actions of the
applicant.
4. That the special hardship is not self - inflicted.
39
5. That granting the variance requested will not confer on the applicant any special privilege
that is denied by provisions of this title to other lands in the same area.
6. That financial gain is not the ground or grounds for the variance.
7. That the variance will not nullify the intent and purpose of the general plan nor the
provisions of this title.
B. Such Aan application for a variance shall be considered by the Hearing Examiner at an open
record public hearin meeting, and the Hearing Examiner shall make its recommendation to
the City Council_ _ . . • ... ' . .
C. On receipt by the City Council of the Hearing Examiner's recommendation, the City Council
shall consider the application at a public meeting. The City Council may grant such variance
from the terms of this title as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this title would work a unique
hardship on the applicant. In granting such variance, the City Council may require such
conditions as will, in its judgment, substantially secure the objectives of the standards or
requirements concerning which a variance is granted.
14.40.030 Building permits restricted
A. No building permit, utility permit or other development permit shall be issued for any lot,
tract, or parcel of land divided in violation of this title.
B. The prohibition contained in this section shall not apply to an innocent purchaser for value
without actual notice of the act or acts constituting the violation.
14.40.040 Penalty for violation
Any person, as defined in YMCScction 14.10.-1-7.0020200 of this title, who violates any
provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be
I punished by a fine of not more than two hundred fifty dollars, or by imprisonment in the City jail
facility for not more than ninety days, for each such violation.
14.40.050 Each transfer a separate offense
Each sale or lease, offer for sale or lease, or transfer of each separate lot, tract, or parcel of
land in violation of any provision of this title shall be deemed a separate and distinct offense.
14.40.060 Violation as nuisance
Any development or use of property or any act relating to a sale or lease, offer for sale or
lease, or transfer of any lot, tract or parcel of land contrary to the provisions of this title is a
public nuisance, subject to prevention or abatement by injunction or other appropriate legal
remedy in the superior court of the state of Washington in and for Yakima County.
14.40.070 Remedies preserved
Nothing in this chapter shall be construed to supersede, impair or otherwise affect any private
or public rights and remedies authorized by RCW Ch.Ehapter 58.17 of the Revised Code of
Washington-as they now exist or are hereafter amended.
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Chapter 14.50
APPEALS
Sections:
14.50.010 Appeal of Administrative Official's Decision
14.50.020 Appeal of Hearing Examiner's Decision
14.50.030 City Council Action on Appeal of Hearing Examiner's Decision
14.50.040 Appeal of City Council Decision
14.50.050 Effect of Appeals
14.50.060 Actions not appealable
14.50.010 Appeal of Administrative Official's decision
A. Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency
directly affected by any decision of the Administrator may appeal that decision to the
Hearing Examiner.
B. Appeal. All appeals shall be filed within fourteen days following the mailing of the final
decision by the Administrator. Appeals shall be filed with the office of environmental
planning.
C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the office
of environmental planning and shall be accompanied by the required fees. All appeals shall
specifically cite the action being appealed, the error(s) or issue(s) to be considered, and
explain why the action is not consistent with the provisions of the Yakima Urban Area
Comprehensive Plan, Yakima Urban Area Zoning Ordinance, This title, or other provisions
of law.
D. Notice. The office of environmental planning shall set a reasonable time and place for
hearing of the appeal and shall notify all parties of record at least ten (10) days prior to the
hearing.
E. Transfer of Record. The Planning Manager shall transmit to the Hearing Examiner true
copies of all records pertaining to the proposed shoF* subdivision decision being appealed,
together with any additional written report as he /shc may determined to beis pertinent.
F. Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be
limited to issues raised in the appeal application. The Hearing Examiner shall render a
written decision on the appeal within ten (10) working days from the conclusion of the
hearing unless the subdivision applicant and the examiner mutually agree to a longer period.
The Hearing Examiner may affirm or reverse wholly or in part or modify the order,
requirement, decision, or determination and to that end shall have all the powers of the
officer from whom the appeal is taken. The department shall send copies of the Hearing
Examiner's decision to the appellant and parties of record not later than three (3) working
days following the issuance of the final decision.
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14.50.020 Appeal of Hearing Examiner's decision
A. Appeals. The Hearing Examiner's decision on the appeal shall be final and conclusive unless
it is appealed to the City Council by a person or agency affected by the decision in the
following manner:
1. The appealing party must file a complete written notice of appeal with the office of
environmental planning upon forms provided by the department and accompanied by the
appeal fee within fourteen (14) days from the date of mailing of the examiner's final
decision.
2. The notice of appeal shall specify the claimed error(s) and issue(s) which the City
Council is asked to considcr on appeal and shall specifically state all grounds for such
appeal. Issues or grounds of appeal which are not so identified need not be considered-by
the City Council.
B. Appeal Procedures.
1. The office of environmental planning shall notify parties of record that an appeal has
been filed and that copies of the notice of appeal and any written argument or
memorandum of authorities accompanying the notice of appeal may be obtained from the
office of environmental planning. The notice to parties of record shall also state that
parties of record wishing to respond to the appeal may submit written argument or
memoranda to the legislative body within fourteen (14) days from the date the notice is
mailed and shall further specify that such written argument or memorandum shall not
include the presentation of new evidence and shall be based only on the record before the
hearing examiner. A copy of the notice shall be sent to the appellant.
2. The appellant or any party of record may submit a written argument or memorandum of
authority within fourteen (14) days of the date of mailing of the notice to parties. Such
written argument or memorandum of authorities shall be filed with the office of
environmental planning. No written argument or memorandum of authorities may be
thereafter submitted except as follows. The appellant or parties of record may request, in
writing, and the department may, at its discretion and for cause, grant, without prior
notice to other parties of record, a fifteen -day extension of time within which written
argument or memoranda must be submitted; provided, that the request for extension is
made no later than the last date the memorandum would otherwise be due. The legislative
body may grant further extensions for good cause shown on a finding by the legislative
body of the existence of circumstances which warrant such extensions. Notice of an
extension shall be given to all parties of record. Memoranda, written argument or
comments shall not include the presentation of any new evidence and shall be based only
on the record before the hearing examiner.
3. When a timely appeal has been filed and the deadline for receipt of written memoranda
has passed, the office of environmental planning shall within five days deliver to the City
Council a copy of the examiner's decision, the record developed before the examiner, an
audio recording of the hearing before the Hearing Examiner, and any written argument or
memorandum of authority which have been received.
14.50.030 City Council action on appeal of Hearing Examiner's decision
A. General. When the record and the Hearing Examiner's decision have been transmitted to the
City Council, the clerk of the City Council shall schedule a date for a meeting of the City
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Council at which time the City Council shall consider the record upon which the Hearing
Examiner's decision was based and the written and oral arguments of the appellant and other
parties of record regarding whether the Hearing Examiner's decision was supported by
substantial evidence. The date of the public meeting should not be later than twenty (20) days
following the date the City Council receives the record from the office of environmental
planning.
B. Public Notice Meeting on Appeals. The clerk of the City Council shall, by first -class mail,
notify all parties of record of the date of the closed record public hearing on the appeal.
C. Site Views. The City Council may view the site.
D. Scope of Review. City Council review of the facts shall be limited to the record before the
Hearing Examiner. The City Council may request additional information or memoranda in
order to reach a decision, provided that all parties of record are given an opportunity to
respond to any new material provided.
E. Action on Appeal. At the closed record public hearing the City Council may adopt, amend
and adopt, reject, reverse, amend and reverse the Hearing Examiner's findings, conclusions,
and decision, or the City Council may remand the matter for further consideration or for
purpose of taking and considering new factual evidence by the examiner. If the City Council
renders a decision different from the decision of the Hearing Examiner, the City Council
shall adopt amended findings and conclusions accordingly.
14.50.040 Appeal of City Council's decision
The action of the City Council on an appeal of the decision of the Hearing Examiner shall be
final and conclusive unless within twenty -one (21) days from the date of final action an
aggrieved party obtains an appropriate writ of judicial review from the Yakima County superior
court for the purpose of review of the action taken. The appellant shall provide or pay for in
advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal.
With the consent of the superior court, the parties may agree to provide a verbatim audio record
of proceedings for purposes of review by the superior court.
14.50.050 Effect of appeals
No - then subdivision may be recorded while an appeal is pending.
14.50.060 Actions not appealable
A. Generally. Only final actions or decisions of a reviewing or other official may be appealed
under this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or
decision - making process by a reviewing or other officer under this title are not appealable
except as part of the final decision or action.
C. Enforcement Actions. No enforcement action for violation of this title is appealable except as
expressly provided in Chapter 14.40 of this title. No decision or action for issuance of a
warning citation or criminal citation by the reviewing official or other proper legal authority
is appealable under this chapter nor shall any appeal under this chapter be taken of any
enforcement action commenced by any part in a court of law.
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Section 2. 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, signed and approved this day of
February, 2011.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
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