20F.40.150 Subdivisions, Short Subdivisions, Binding Site Plans, and Boundary Line Adjustments.
20F.40.150-010 Purpose.
The intent of this section is to:
(1) Establish and identify the processes to accomplish the orderly creation of lots for conveyance or lease and the review of such lots for the potential development of land within the City;
(2) Establish and identify the procedures for addressing boundary line adjustments, legal lots of record, and exempt divisions of land within the City;
(3) Provide for the expeditious review and approval of proposed land divisions that comply with this section, other City land use regulations and standards, and Chapter 58.17 RCW, Plats – Subdivisions – Dedications;
(4) Consistent with RCW 58.17.010, regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the State to prevent the overcrowding of 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, parks and recreation areas, sites for schools and schoolgrounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the State; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 2118)
20F.40.150-020 Scope.
(1) Compliance. All divisions or redivisions of land into lots, tracts, parcels, sites or division for the purpose of sale, lease or transfer of ownership shall comply with the provisions of State law and the Redmond Community Development Guide. All property under common ownership must be subdivided in accordance with the requirements of this title prior to sale, lease or transfer of ownership, provided however, that divisions of property pursuant to subsection (3) of this section, Exceptions, and “lots of record”, as defined under subsection (4)(a) of this section, may be sold, leased or transferred without further compliance with this title.
(2) Contiguous Land. All contiguous land shall be included in a short subdivision application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this section. The applicant shall certify that she/he has included all contiguous land in a short subdivision application and that she/he does not own nor otherwise have a legal interest in ownership of contiguous parcels.
(3) Exceptions. Note: Land conveyed or leased through an exception has not necessarily been reviewed by the City of Redmond for development potential. The provisions of this section shall not apply to:
(a) Cemeteries. Cemeteries and other burial plots, while used for that purpose;
(b) Testamentary Divisions. Divisions made by testamentary provisions, or the laws of descent, provided that there can be only one lot per heir or devisee. A map of the division must be recorded with the County Auditor when each parcel is transferred. All beneficiaries to the property must sign the map. Lots created through such divisions are deemed legal notwithstanding minimum lot size or density requirements imposed through the Redmond Community Development Guide. However, such lots and all land uses carried out on such lots are subject to all other standards and requirements of law;
(c) Industrial and Commercial Site Plans. Division for sale or lease of commercial or industrially zoned property provided a binding site plan has been approved and recorded; such divisions shall comply with RCDG 20F.40.150-100, Binding Site Plans;
(d) Mobile Home Parks. Divisions for purposes of lease when no residential structure other than mobile homes or travel trailers are permitted, provided a binding site plan has been approved and recorded; such divisions shall comply with RCDG 20F.40.150-100, Binding Site Plans;
(e) Boundary Line Adjustments. A division made for the purpose of adjusting boundary lines, between legal lots of record. See RCDG 20F.40.150-110 for boundary line adjustment criteria;
(f) Contiguous Lots. The transfer of ownership of contiguous platted lots if:
(i) The lots were created after June 9, 1937, or
(ii) The lots transferred were created and separately developed prior to June 9, 1937;
(g) Condominiums. A division made under the provisions of the Horizontal Properties Regimes Act (Chapter 64.32 RCW) provided a binding site plan has been approved;
(h) Right-of-Way Acquisition and Condemnation.
(i) A division of land relating to the acquisition or exchange of land by public agencies, for public use except human occupancy, including but not limited to subdivisions made for road construction purposes;
(ii) A division of land for the sole use of the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines, or other utility facilities of a similar or related nature;
(iii) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing an affidavit so stating with the King County Auditor.
(4) Legal Lot Criteria for Building or Transfer of Ownership. A lot is considered a lot of record if it meets any one of the criteria listed below. Even though a lot may be deemed legal, development on said lot shall be subject to all applicable sections of the Redmond Community Development Guide.
(a) Lots of record include:
(i) Any lot, the legal description of which has been recorded in a plat or short subdivision filed with the County Auditor after June 9, 1937;
(ii) Any lot, the legal description of which is on file with the County Auditor in an assessor’s plat recorded in accordance with Chapter 58.18 RCW;
(iii) Lots created by court order for adverse possessions or divorces in which the adverse possession or divorce;
(iv) Lots exempted under subsection (4) of this section and lots transferred to a bona fide innocent purchaser for value in accordance with this title;
(v) Properties bisected by navigable streams or any public or railroad right-of-way (opened or unopened) create legal property boundaries. If the right-of-way is vacated and parcels on both sides are in same ownership, the lots are consolidated unless there is evidence of an action or intent to divide prior to the vacation.
(5) Innocent Purchaser and Public Interest Exceptions.
(a) Innocent Purchaser Exception. The Administrator shall determine that parcels that meet the following exception criteria are lots of record, for purposes of subsection (4) of this section:
(i) Zoning and Public Health. The parcel meets minimum zoning and public health dimensional requirements, including lot size, dimensions and frontage width, which are currently in effect or in effect at the time the parcel was created; and
(ii) Status. The current property owner purchased the property for value and in good faith, and did not have knowledge of the fact that the property acquired was divided from a larger parcel in violation of the State and County regulations listed under “lots of record” in subsection (4) of this section;
(iii) The County shall recognize as a building lot any parcel for which a building permit or septic tank permit was issued prior to July 26, 1999.
(b) Public Interest Exception, Mandatory. The Administrator shall determine that parcels, which meet both of the following criteria, are lots of record:
(i) Zoning and Public Health. The parcel meets minimum zoning and public health dimensional requirements currently in effect, including lot size, dimensions and frontage width; and
(ii) Status.
(A) The property owner completes conditions of approval which the Administrator determines would otherwise be imposed if the parcel had been established through platting under current standards; or
(B) The Administrator determines that improvements or conditions of approval, which would have been imposed if the parcel had been established through platting, are already present and completed.
(c) Public Interest Exception, Discretionary. The Administrator may, but is not obligated to determine that parcels meeting the following criteria are lots of record:
(i) Zoning and Public Health. The parcel lacks sufficient area or dimension to meet current zoning and public health requirements but meets minimum zoning dimensional requirements and health requirements, including lot size, dimensions and frontage width, in effect at the time the parcel was created; and
(ii) Status.
(A) The property owner completes conditions of approval which the Administrator determines would otherwise be imposed if the parcel had been established through platting under current standards, or
(B) The Administrator determines that conditions of approval which would have been imposed if the parcel been established through platting under current standards are already present on the land;
(iii) The Administrator shall consider the following factors as favoring a lot of record determination under the discretionary public interest exception, although no one factor is determinative:
(A) The parcel size is consistent with surrounding lots of record,
(B) Presence of an existing residence on the parcel,
(C) Recognition of the parcel does not adversely impact public health or safety, or interfere with the implementation of the Comprehensive Plan,
(D) The parcel purchase value and subsequent tax assessments are consistent with a buildable lot of record. (Ord. 2118)
20F.40.150-030 Procedures.
(1) Boundary line adjustments shall follow the procedures established in RCDG 20F.30.30 for a Type I permit process.
(2) Binding site plans shall follow the procedures established in RCDG 20F.30.35 for a Type II permit process.
(3) Short plats shall follow the procedures established in RCDG 20F.30.35 for a Type II permit process.
(4) Preliminary plats shall follow the procedures established in RCDG 20F.30.40 for a Type III permit process.
(5) Final plats shall follow the procedures established in RCDG 20F.30.50 for a Type V permit process.
(6) Plat alterations shall follow the procedures established in RCDG 20F.30.50 for a Type V permit process.
(7) Plat vacations shall follow the procedures established in RCDG 20F.30.50 for a Type V permit process. (Ord. 2118)
20F.40.150-040 Short Plat.
(1) Criteria. As a basis for approval, approval with conditions or denial of a short subdivision, the Technical Committee shall determine if appropriate provisions have been made for, but not limited to the purpose and criteria set forth in Chapter 20D.180 RCDG, Subdivision and Short Subdivision Regulations.
(2) Decision by the Technical Committee. Each final decision of the Technical Committee shall be in writing and shall include findings and conclusions based on the record to support the decision. The decision made by the Technical Committee shall be given the effect of an administrative decision and may be appealed in compliance with RCDG 20F.30.60, Public Hearings and Appeals.
(3) Effect of Short Subdivision Approval. Approval of the short subdivision shall constitute authorization of the applicant to develop the short subdivision facilities and improvements in strict accordance with the plans and specifications as approved by the Public Works Department subject to any conditions imposed by the Technical Committee.
(4) Recording. All short subdivisions shall be filed in compliance with the following:
(a) Recording Required. No short subdivision shall be filed unless approved by the Technical Committee and City Engineer. A copy of an approved short subdivision shall be filed for record with the King County Department of Records and Elections and one reproducible copy shall be furnished to the City Engineer.
(b) Fees and Recording Procedure. Prior to recording, the applicant shall submit the original short subdivision drawings to the Public Works Engineering Department for signatures.
(5) Short Subdivisions – Restrictions. The area included in an approved and recorded short subdivision shall not be further divided within a period of five years from the date of final approval without meeting the requirements for a subdivision (RCDG 20F.40.150-050). Except that when the short plat contains fewer than nine 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 nine lots within the original short plat boundaries. (Ord. 2118)
20F.40.150-050 Preliminary Plat.
(1) Decision Criteria. As a basis for approval, approval with conditions or denial of a preliminary plat, the Hearing Examiner shall determine if appropriate provisions have been made for, but not limited to the purpose and criteria set forth in Chapter 20D.180 RCDG, Subdivision Regulations.
(2) Effect of Preliminary Plat Approval. Approval of the preliminary plat 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 Public Works Department subject to any conditions imposed by the Hearing Examiner.
(3) Time Limits – Approval within 90 Days. A preliminary plat shall be approved, approved with conditions, denied or returned to the applicant for modification or correction within 90 days from the date of filing of a complete application unless the applicant agrees to an extension of the time period in writing. Provided, should an environmental impact statement (EIS) be required per RCW 43.21C.030, Guidelines for state agencies, local governments, the 90-day period shall not include the time spent in preparing and circulating the EIS by the City. A preliminary plat application shall not be deemed “filed” until all of the application requirements of this section have been met.
(4) Limitation on Preliminary Approval. Final approval of single-family residential subdivisions must be acquired within seven years of preliminary plat approval, after which time the preliminary subdivision approval is void. The seven-year limitation on preliminary approval shall apply to all single-family residential subdivisions which have either been approved or for which a complete application has been received while the seven-year limitation is in effect. The seven-year limitation on preliminary approval shall expire on November 28, 2011. Final approval of all single-family residential subdivisions for which a complete application is filed after the expiration date must be acquired within five years of preliminary approval, after which time the preliminary subdivision approval is void. Final approval of all other subdivisions must be acquired within five years of preliminary plat approval, after which time the preliminary plat approval is void. The Hearing Examiner may grant an extension for one year if the applicant has attempted in good faith to submit the final plat within the required period, provided, however, the applicant must file a written request with the Hearing Examiner requesting the extension at least 30 days prior to expiration of the required period. (Ord. 2500; Ord. 2118)
20F.40.150-060 Final Plat.
(1) Review – Time Limits. The final plat shall be approved, denied or returned to the applicant for modification or correction within 30 days from the date of filing unless the applicant consents to an extension of such time period.
(2) Review – City Engineer. The City Engineer or a licensed professional engineer acting on behalf of the City shall review the survey data, layout of lot lines, streets, alleys and other rights-of-way, design of bridges, and utility systems improvements including storm drainage, water and sanitary sewer.
(3) Decision Criteria. The City Engineer or other professional engineer acting on behalf of the City shall convey his findings to the City Council. Prior to approval, the engineer shall assure that:
(a) The proposed final plat meets all standards established by State law and this section relating to the final plat’s drawings and subdivision improvements;
(b) The proposed final plat bears the certificates and statements of approval required by this section;
(c) Current title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the final plat;
(d) The legal description of the plat boundary on the current title insurance report agrees with the legal description on the final plat;
(e) The facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided a security in an amount and with securities commensurate with improvements remaining to be completed, securing to the City the construction and installation of the improvements; and
(f) The surveyor has certified that all survey monument lot corners are in place and visible.
(4) Review – City Council. The City Council shall review the final plat as follows:
(a) At a public meeting, the City Council shall determine whether the subdivision proposed for final subdivision approval conforms to all terms of preliminary approval, and whether the subdivision meets the requirements of the Redmond Community Development Guide, applicable State laws and all other local ordinances adopted by the City which were in effect at the time of preliminary approval.
(b) If the conditions have been met, the City Council shall authorize the Mayor to inscribe and execute the written approval on the face of the plat map. If the City Council disapproves the plat, it will be returned to the applicant with reasons for denial and conditions for compliance.
(5) Recording. All final plats shall be recorded in compliance with the following:
(a) Recording Required. No final plat shall be recorded unless approved by the City Council. The original of an approved final plat shall be filed for record with the King County Department of Records and Elections.
(b) Fees and Recording Procedure. Prior to recording, the applicant shall submit the original final plat drawings to the Public Works Department together with the plat checking fees and performance bond(s). After the City has approved said drawings, the applicant shall submit the City-approved original final plat drawings to the King County Department of Records and Elections together with the recording fees.
(6) Valid Land Use. As required by RCW 58.17.170, Written Approval of Subdivision, a subdivision shall be governed by the terms of the approval of the final plat, and any lots created shall be a valid land use for a period of not less than five years from date of filing, unless the City Council finds that a change in conditions in subdivision creates a serious threat to the public health or safety. (Ord. 2118)
20F.40.150-070 Subdivision Vacation.
(1) Any person interested in the vacation of any subdivision or part of a subdivision, or area dedicated for public use shall file an application for vacation at the Redmond Permit Center. 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. If the subdivision 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.
(2) The approval authority shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City unless the approval authority adopts written findings that the public use would not be served in retaining title to those lands. Title to vacated property shall be governed by Chapter 58.17 RCW, Plats – Subdivision – Dedications. (Ord. 2118)
20F.40.150-080 Subdivision Alterations.
(1) Any person interested in the alteration of any subdivision, except as provided in RCDG 20F.40.150-090, Final Plat and Short Plat Corrections, shall submit an application for the alteration at the Redmond Permit Center. 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 and other application submittal materials as required. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the 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.
(2) 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 King County Department of Records and Elections to become the lawful plat of the property.
The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor. (Ord. 2118)
20F.40.150-090 Final Plat and Short Plat Corrections.
(1) Public Dedication – Not Involved. Amendments, alterations, modifications, and changes to recorded final plats and short plats not involving a public dedication shall be accomplished only by one of the following methods:
(a) File a new plat for the lots in question by following the full subdivision procedures of this chapter; or
(b) File a short plat for lots in question by following the procedures of this chapter, provided that short plats occurring in final subdivisions approved under the provisions of the Redmond Community Development Guide do not exceed the density allowed under the zoning existing at the time the plat was approved, or are not inconsistent with other provisions of the plats; or
(c) File a minor modification or boundary line adjustment. This method may be used to correct or adjust short plats or final plats, provided the proposed changes are minor and do not create buildable lots. This method may be used to consolidate two or more existing lots. A final plat or short plat mylar shall be filed with the normal and required signature attachments and a cross-reference to the original final or short plat and fees only for technical review. Normal and required signatures shall mean only the signatures of owners of lots affected by a minor modification or boundary line adjustment.
(2) Public Dedication – Involved. Amendments, alterations, modifications and changes to recorded final plats and short plats involving a public dedication shall be accomplished by following the procedures of RCDG 20F.40.150-070, Subdivision Vacation, or RCDG 20F.40.150-080, Subdivision Alterations. (Ord. 2118)
20F.40.150-100 Binding Site Plans.
(1) This section shall govern a subdivision of land through the optional binding site process provided for in RCW 58.17.035, or its successor. If approved under this section, a division of land authorized by a binding site plan is exempt from the short and long subdivision regulations and processes. Binding site plans are most commonly used for condominiums and the division of commercial or manufacturing sites, but they have other uses as well.
(2) Binding site plans shall be drawn at a scale no smaller than one inch equals 100 feet, unless a different scale is approved by the Administrator, and shall include:
(a) The design of any lots and building envelopes and the areas designated for landscaping and vehicle use;
(b) The areas and locations of all streets, roads, improvements, utilities, easements, open spaces, sensitive areas, and any other matters specified by the development regulations;
(c) Inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the City of Redmond; and
(d) Provisions requiring that any development shall comply with the approved site plan.
(3) The following requirements shall apply to proposals submitted under this section:
(a) Approved binding site plans shall be submitted for recording with the King County Department of Records and Elections;
(b) Approved binding site plans shall be binding and shall be enforced as provided in RMC Chapter 1.14, Enforcement and Penalties. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel or tract created pursuant to the binding site plan. A sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval, shall be considered a violation of this chapter, and shall be restrained by injunctive action and shall be illegal as provided in Chapter 58.17 RCW, Plats -- Subdivisions -- Dedications.
(c) All development shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document shall reference the requirement for compliance with any existing or subsequent permit approval.
(d) Amendments to or vacations of an approved binding site plan shall be made through the subdivision vacation process; and
(e) Approved binding site plans may contain any easements, restrictions, covenants, or conditions as would a subdivision approved by the City. (Ord. 2118)
20F.40.150-110 Boundary Line Adjustments.
(1) A boundary line adjustment is a mechanism by which the City may approve the alteration of boundary lines between platted or unplatted lots or both, where such an adjustment does not create any additional lot, tract, parcel, site, or division nor create lots which are nonconforming or more nonconforming.
(2) The Administrator may approve an application for a boundary line adjustment provided the following criteria are met:
(a) The proposed adjustment shall meet the exemption requirements provided in RCW 58.17.040(6);
(b) The boundary line adjustment shall not result in the creation of any additional tract, lot, parcel, site or division;
(c) The property being transferred within the boundary line adjustment shall be combined with the benefiting parcel and shall not be a separate parcel, which could be mistaken as a separate and distinct, conveyable tract without proper research;
(d) The lots, tracts, or parcels resulting after the boundary line adjustment shall meet all dimensional requirements specified for the applicable zone as outlined in RCDG Title 20C;
(e) All lots modified by the boundary line adjustment procedures shall have legal access meeting the standards of the City of Redmond;
(f) The boundary line adjustment shall not violate an applicable requirement or condition of a previous land use action, subdivision, short plat or binding site plan;
(g) All boundary line adjustments shall be recorded surveys consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC. All lot lines being adjusted shall be surveyed, and newly established lot corners shall be staked. (Ord. 2118)