Chapter 16.06
PRELIMINARY PROCESS

Sections:

16.06.010    All preliminary land divisions.

16.06.020    Preliminary subdivision.

16.06.030    Preliminary short subdivision.

16.06.040    Preliminary binding site plan.

16.06.050    Preliminary plat alteration.

16.06.060    Preliminary plat vacation.

16.06.070    Preliminary boundary line adjustment.

16.06.010 All preliminary land divisions.

The following shall apply to all preliminary land divisions, including plat alterations, plat vacations and binding site plans:

(1) An applicant shall file with the administrator an appropriate preliminary application packet in conformance with this and other development titles.

(2) As a basis for approval, approval with conditions or disapproval of a preliminary land division, the appropriate review authority shall determine if appropriate provisions have been made for, but not limited to, the purpose and criteria set forth in this title.

(3) The review authority shall make written findings consistent with the provisions of RCW 58.17.110, as it exists now or as it may be amended, including, without limitation, that appropriate provisions have been made for the public health, safety, and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds.

(4) Approval of the preliminary land division shall constitute authorization for the applicant to develop the subdivision facilities and improvements in strict accordance with the plans and specifications as approved by the city, subject to any conditions imposed by the review authority. (Ord. 08-029 § 2).

16.06.020 Preliminary subdivision.

(1) Every division of land into five or more lots, plots, sites, parcels, or tracts within the city shall proceed according to the provisions of this title related to subdivisions.

(2) Subdivisions shall be reviewed and approved pursuant to the requirements and timelines for a Type III quasi-judicial review as prescribed in KMC Title 14, Development Code Administration. (Ord. 08-029 § 2).

16.06.030 Preliminary short subdivision.

(1) Every division of land into four or fewer lots, plots, sites, parcels, or tracts within the city shall proceed according to the provisions of this title related to short subdivisions.

(2) Short subdivisions shall be reviewed and approved pursuant to the requirements and timelines for a Type II administrative review as prescribed in KMC Title 14, Development Code Administration. (Ord. 08-029 § 2).

16.06.040 Preliminary binding site plan.

(1) The provisions of this title related to binding site plans shall apply to the following:

(a) Divisions for sale or lease of commercially or industrially zoned property;

(b) Divisions for the purpose of lease when no residential structures other than mobile homes are permitted to be placed;

(c) Divisions for the purpose of subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, Horizontal Property Regimes Act (Condominiums), or Chapter 64.34 RCW, Condominium Act; and

(d) Divisions of land for sale or lease as part of a planned development as provided for in the KMC.

(2) Binding site plans shall be reviewed and approved pursuant to the requirements and timelines for a Type II administrative review as prescribed in KMC Title 14, Development Code Administration, except that binding site plans for a planned development shall be reviewed and approved pursuant to the requirements and timelines for a Type III quasi-judicial review as prescribed in KMC Title 14, Development Code Administration.

(3) Approved binding site plans may contain any easements, restrictions, covenants, or conditions as would a land division approved by the city.

(4) Divisions of land into lots or tracts as the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW shall contain thereon the following statement:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

(Ord. 08-029 § 2).

16.06.050 Preliminary plat alteration.

(1) Except as provided herein for boundary line adjustments, the alteration of any subdivision or portion thereof shall proceed according to the provisions of this title for plat alterations.

(2) Plat alterations shall be reviewed and approved pursuant to the requirements and timelines for a Type III quasi-judicial review as prescribed in KMC Title 14, Development Code Administration.

(3) The application shall contain the 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.

(4) If the subdivision is subject to restrictive covenants which were 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. The alteration of a subdivision is subject to RCW 64.04.175 (easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement).

(5) The hearing body shall conduct a public hearing on the application for alteration, subject to the provisions of KMC Title 14, Development Code Administration, and may approve, conditionally approve, or deny the application for alteration of the subdivision after determining the public use and interest to be served.

(6) 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 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.

(7) After approval of the alteration, the applicant shall submit to the city a revised drawing of the approved alteration of the subdivision, which after signature of the approving authority shall be filed with the county auditor to become the lawful plat of the property.

(8) The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor. (Ord. 08-029 § 2).

16.06.060 Preliminary plat vacation.

(1) The vacation of any land division or portion thereof, or any area designated or dedicated for public use, shall proceed according to the provisions of this title for plat vacations.

(2) Plat vacations shall be reviewed and approved pursuant to the requirements and timelines for a Type III quasi-judicial review as prescribed in KMC Title 14, Development Code Administration.

(3) The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion to be vacated.

(4) If the land division is subject to restrictive covenants which are filed at the time of approval of the subdivision, and the vacation 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 vacation. (Ord. 08-029 § 2).

16.06.070 Preliminary boundary line adjustment.

(1) Where the purpose is alteration by adjusting boundary lines between platted or unplatted lots or both that does not create any additional lot, tract, parcel, site or division, nor that creates any lot, tract, parcel, site or division that contains insufficient area and dimension to meet minimum requirements for width and area for a building site, an application shall proceed according to the provisions of this title for boundary line adjustments.

(2) Boundary line adjustments shall be reviewed and approved pursuant to the requirements and timelines for a Type I administrative review as prescribed in KMC Title 14, Development Code Administration.

(3) This method may be used to correct or adjust short subdivisions, final subdivisions or boundary lines between two adjoining parcels; provided the proposed changes are minor and do not create new lots. This method may be used to consolidate two or more existing lots. A record of survey shall be submitted to the administrator for approval along with the normal and required signature attachments and a cross-reference to the original final or short subdivision and fees only for technical review pursuant to KMC 16.02.070. Normal and required signatures shall mean only the signatures of owners of lots affected by a minor modification or boundary line adjustment. (Ord. 08-029 § 2).