Blaine City Zoning Code
Division 4
LAND DIVISION AND MAJOR DEVELOPMENTS
§ 17.50.010 Title.
This code is established and shall be known as the Blaine land division and major developments code, hereinafter "this code."
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.50.020 Purpose.
The purpose of this code is to provide rules, regulations, requirements and standards for the creation or adjustment of lots and parcels of land within the city, ensuring that the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected; that orderly growth, development, and the character of the developing area are safeguarded and promoted; that appropriate provisions for all public facilities including circulation, utilities, open space, and public amenities and public services necessary to serve the development shall be made or planned for within six years of development approval; and that the goals and policies of the comprehensive plan are furthered through the subdivision of land, and to require uniform monumenting of land subdivisions and conveyance by accurate legal description. Further, these regulations are established to effectuate the policy of the prescribed state law referring to the platting and dedication of lands and shall not preclude full compliance thereto.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.50.030 Scope.
A.
This code shall apply to the division of any land for sale, lease, transfer, or building development into two or more parcels, the dissolution of any property boundary for the purpose of joining parcels, and the adjustment of property lines between two or more existing parcels within the corporate boundaries of the city of Blaine.
B.
No person, firm or corporation proposing to make, or having made, any division of land as described above within the city limits shall enter into any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a general or specific binding site plan, short subdivision or subdivision in accordance with this code. City building permits shall not be issued concerning construction on any lot or lots created by land divisions within the city without evidence that the necessary city approval has been obtained and required improvements have been completed or necessary bonds have been posted for the completion of improvements.
C.
Exceptions. The provisions of this division shall not apply to:
1.
Cemeteries and other burial plots while used for that purpose;
2.
Divisions made by testamentary provisions, or the laws of descent;
3.
Portions of property deeded to the city for the limited purpose of providing a right-of-way and/or utility facilities, such as, but not limited to, a pumphouse, reservoir or well site; provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the community development director or designee is received.
D.
Applicability – Ordinance 09-2737.
1.
Standards.
a.
Permit Applications and Amendments to Previously Approved Permits. The ordinance codified in this chapter, as adopted and amended, applies to every development, use, action or activity commenced or engaged in after the effective date of the ordinance codified in this chapter or ordinance amendment.
b.
The standards as established by the effective date in the ordinance codified in this chapter shall not apply to those specific development permits which, prior to the city's adoption of said ordinance, have received specific permit approval from the city. Approved permits include, but are not limited to, any of the following permits: boundary line adjustments, general and specific binding site plans; planned unit developments; short plats; preliminary and final long plats; and plat variances. The standards as established by this code shall apply to these approved permits only if a new application for a permit or amendment is submitted for review and approval. Upon application submittal for a permit or amendment, all standards of said code are applicable to the project or development.
c.
The standards established by this code shall apply only to those project applications submitted after the effective date of the ordinance codified in this chapter. Those complete project applications received before the effective date shall comply with the standards existing at the time of the complete application.
2.
Procedures. All the procedures established by the adoption of this code shall be applicable to all new development review proposals as well as all development review proposals that are currently within the development review process. Interpretations regarding a current proposal's review process shall be made by the community development director or designee.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.50.035 Limitation on subdivision.
The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following:
A.
Land that is located wholly within a wetland or its buffer may not be subdivided;
C.
Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the city determines that no other feasible alternative exists and when consistent with this chapter;
D.
Subdivision and short subdivision developments that contain a wetland or wetland buffer shall not result in degradation of the wetland or its buffer nor significantly change its hydrology.
(Ord. 2729 § 2 (Exh. A), 2009)
§ 17.50.040 Sale of noncomplying land prohibited.
Sale of land is prohibited unless it is a duly platted parcel of land or lot created under the provisions of this code, or is a legal lot of record at time of passage of the ordinance codified in this chapter.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.50.050 State enabling legislation.
This code is adopted pursuant to Chapter 58.17 RCW and to allow lot consolidation and boundary line adjustment.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.50.060 Administering authority.
A.
Authority to administer project review is as depicted in Table 17.06.A.
B.
The community development director or designee shall review Type I-ADM applications and make the decision whether to approve, approve with conditions or deny.
C.
The community development director or designee shall ensure the review of all Type II-HE applications by appropriate city departments. Based upon the staff review, the hearing examiner shall hold a public hearing on all Type II-HE applications and make the decision whether to approve, approve with conditions or deny.
D.
The community development director or designee shall ensure the review of all Type II-CC applications by appropriate city departments. Based upon the staff review, the hearing examiner shall hold a public hearing on all Type II-CC applications, except final plats. The hearing examiner shall forward a recommendation and written findings to the city council. The city council shall conduct a closed record public meeting after which they shall approve, approve with conditions or deny the application.
E.
Final plats shall be reviewed by the city council at a public meeting, wherein the decision to approve, approve with conditions, or deny shall be made. No public hearing is required for a final plat decision.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.50.065 Appeals.
§ 17.50.070 Notification of other agencies.
A.
Notice of application for a preliminary plat, short plat or general binding site plan which is conterminous with the municipal boundaries, or which contemplates the use of or receipt of services from a special purpose district including water, sewer, school, fire or public utility district, or such services from another jurisdiction, shall be given to the appropriate special districts and/or county authorities.
B.
Notice of application for a preliminary plat, short plat or general binding site plan located adjacent to the right-of-way of a state highway shall be given to the State Department of Transportation.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.50.080 Recordation of documents.
A.
All documents for adjustment of boundaries or division of land shall be filed with the Whatcom County auditor and shall not be deemed finally approved until so filed. The filing of the document, including all cost of document preparation and recording, shall be the responsibility of the applicant.
B.
Every plat submitted to the city for signature prior to filing for record must be accompanied by a title report or plat certificate not less than 14 days old confirming that the title of the lands as described and shown on the plat is in the name of the owner as designated on the face of the drawing.
C.
Two mylar copies of the recorded documents, two paper copies, and one electronic format copy on a media acceptable to the city shall be submitted to the community development services department after filing. Line work shall be projected in State Plane Coordinate System NAD 83 Washington North. No building permits shall be accepted for newly created lots before said documents have been submitted to the city.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.52.010 Scope.
Boundary line adjustments shall be minor changes to lot configuration by alteration in the location of lot boundaries on two or more legally platted lots. Such alteration shall not increase the number of lots nor diminish the size of open space or other preservation or reserve tracts. Boundary line adjustments shall not be dependent upon the installation of public infrastructure or dedication of public right-of-way to serve the pre-existing lots proposed for modification.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.52.030 Submittal requirements.
Applications for boundary line adjustments shall be submitted to the community development services department consistent with Chapter 17.66 BMC.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.52.040 Criteria for approval.
The director shall approve an application for a boundary line adjustment pursuant to BMC § 17.66.040 if it is determined that:
A.
No additional lot, tract, parcel, site or division will be created by the proposed adjustment;
B.
No lot is modified such that it contains insufficient area and dimensions to meet the requirements of the zoning district in which the affected lots are situated; provided, however, that this criterion should not prevent approval of a lot line adjustment where at least one of the lots is nonconforming as to size prior to the lot line adjustment, and the proposed adjustment does not increase the overall degree of nonconformity;
C.
No lot line is adjusted so as to leave any existing building in violation of the zoning ordinance after the adjustment; provided, however, that this criteria should not prevent approval of a lot line adjustment where an existing building is nonconforming prior to the lot line adjustment, and the proposed adjustment does not increase the overall nonconformity;
D.
No lot is modified such that it diminishes the availability of city utilities or results in a violation of the city's development guidelines and public works standards.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.52.050 Expiration.
Approval of any boundary line adjustment shall expire and the boundary line adjustment shall be considered invalid two years from the date of staff approval. No action shall be taken on an expired boundary line adjustment.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.54.010 Scope.
The purpose of a lot consolidation is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Lot consolidations shall not be dependent upon the installation of public infrastructure or dedication of public right-of-way to serve the pre-existing lots proposed for modification.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.54.030 Submittal requirements.
Applications for lot consolidations shall be submitted to the community development services department in the form described below and shall include the following information:
A.
Completed land use master invoice form signed by all vested owners. Owner authorization is required if application is not signed by and being processed by the owner(s). Names, addresses, and phone numbers of all vested owners shall be included.
B.
Lot consolidation application fee payable to the city of Blaine.
C.
Covenant to bind properties on a city-approved form fully executed and notarized by all vested owners.
D.
Complete and accurate legal descriptions of the original parcels set forth in the lot consolidation and restrictive covenant.
E.
Complete and accurate legal description of the revised parcel set forth in the lot consolidation and restrictive covenant.
F.
Copy of a title report not more than one year old, or a copy of the deed conveying title to property owner(s).
G.
Two copies of accurate, scaled drawings of the original and revised parcels meeting the requirements listed below.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.54.040 Lot consolidation drawing requirements.
A.
The drawing sheet shall be eight and one-half by eleven inches in size drawn at an engineering scale of one inch represents 50 feet or larger. A larger sheet size may be used, if necessary, up to a maximum of 18 inches by 24 inches. Drawings shall have a one-inch clear margin on the top, sides and bottom. The drawings shall include the following information:
1.
The exterior parcel lot lines shall be shown with heavy, solid lines. The interior lot lines to be eliminated shall be shown with a light, dashed line. The location of all streets and structures shall be shown. The drawing shall clearly show property dimensions, distances from all structures to property lines, and the use of all structures.
2.
A north arrow, with north oriented to the top of the sheet, shall be shown on each drawing.
3.
Assessor's parcel numbers of the parcels being altered by the lot line elimination shall be shown.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.54.070 Recordation.
Recordation requirements of BMC § 17.50.080 shall not apply to a lot consolidation. The applicant shall record all approved lot consolidations with the Whatcom County auditor. Two paper copies of the documents, stamped with the recording number, shall be forwarded to the city. One copy shall be forwarded to the Whatcom County assessor. All fees for such recording shall be paid by the applicant.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.010 Purpose.
The procedures regulating short subdivisions are established to promote orderly and efficient division of lots on a small scale, to avoid placing undue and unnecessary burdens on both the applicant and the city, while promoting the public health and general welfare and complying with provisions of Chapter 58.17 RCW.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.020 Scope.
Any land being divided into four or fewer parcels, lots, tracts, or sites for the purpose of sale, lease, transfer or building development, and which has not been divided as part of a short subdivision within a period of five years, shall meet the requirements of this chapter.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.030 Submittal requirements.
Applications for short subdivisions shall be submitted to the community development services department consistent with Chapter 17.66 BMC.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.040 Criteria of approval.
A.
The director shall make the following findings upon approving a short subdivision:
1.
The application complies with the short subdivision standards contained in this chapter unless specifically varied through the process outlined in Chapter 17.62 BMC, Plat Variance;
3.
That the subdivision and related dedication will serve the public interest;
4.
Appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces and drainage ways, for roads, streets, alleys and transit stops, for potable water supply, sanitary sewer, parks and recreation, and shall consider all other relevant facts including sidewalks and other pedestrian corridors, and amenities that preserve the quality of the neighborhood;
B.
Written findings shall be submitted to the applicant and shall be retained in the project file at the community development services office.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.060 Short subdivision standards.
The standards contained herein are supplemental to the subdivision design requirements contained in this division.
A.
Lands which the community development director or designee has found to be unsuitable due to flood, inundation, or swamp conditions likely to be harmful to the safety, welfare and general health of the future residents, and the community development director or designee considers inappropriate for development, shall not be subdivided unless adequate means of control have been formulated by the applicant and approved by the public works director.
B.
All lots shall abut upon or have adequate access, by easement or private road, to a dedicated or deeded public right-of-way. In the event that an existing abutting public right-of-way does not meet the minimum width standards, additional right-of-way may be required as a condition of approval of a short subdivision.
C.
Lots served by easement or panhandle shall be avoided where feasible and are not the preferred lot or access configuration.
D.
Lots serviced by an access easement or panhandle shall be as follows:
1.
Easement or panhandle shall be a minimum of 16 feet wide when serving one lot, 20 feet wide when serving two lots, and 24 feet wide when serving more than two lots; additional width may be required by the public works director;
2.
Easement or panhandle area shall not be included in lot area for the purposes of calculating minimum lot size;
3.
Wherever feasible, lots served by an easement or panhandle shall share a private drive with adjacent lots and reduce access points to the public right-of-way.
E.
The minimum land area for each lot shall be no less than the minimum allowed by this code for the zoning district in which the proposed short subdivision is located, plus any additional area to be used for access easement or panhandle.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.070 Required improvements.
A.
Prior to allowing recordation of any short subdivision, the community development director or designee shall determine that the following improvements are installed, constructed and available for each parcel created by the division of land:
1.
Adequate water supply;
2.
Adequate public sewer facilities, or Department of Health-approved septic design where no sewer is available;
3.
Provision for appropriate deed, dedications and easements;
4.
Storm drainage improvements and storm sewers;
5.
Emergency services infrastructure;
6.
Street and alley paving, and concrete curbs, gutters and sidewalks;
7.
Street lights when necessary;
8.
Adequate provisions for walkways, trails and other planning features that assure compliance with the parks and recreation plan and nonmotorized transportation plan, as amended;
9.
Adequate access including private drives serving more than one lot.
B.
All public facilities shall be constructed in accordance with BMC Titles 12 and 13 prior to recording of the short plat. All public improvements dedicated to the city shall be bonded prior to recording of the short plat.
C.
Telephone lines and electric power lines and other similar utility services shall be placed underground.
D.
Other improvements not specifically mentioned in this chapter, but found necessary due to conditions found on the site by the public works director, shall be required.
E.
As-built drawings of all public improvements shall be required before the city will accept the improvements.
F.
Survey and monumentation of short plats is required prior to recordation.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.080 Approval expiration – Extension.
A.
Approval of any short subdivision shall expire and the short subdivision plat shall be considered invalid three years from the date of such short subdivision approval unless an extension of the approval period is granted by the director pursuant to this section. Upon expiration of short subdivision approval or any extension granted pursuant to this section, all construction work on the plat shall cease except any work required by the city for the purpose of public safety and/or protection of the environment.
B.
Extensions shall be granted only in one-year increments. However, the director may grant a total of not more than two successive extensions as long as each extension is considered individually.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.58.090 Limitations on further subdivision.
Any lot created under the requirements of this chapter shall not be further divided for a period of five years without following the procedures for subdivision as set forth in this code, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from submitting an application to alter the short plat within the five-year period to create up to a total of four lots within the original short plat boundaries, in accordance with RCW 58.17.060.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.62.010 Plat variance purpose.
Plat variances shall allow for departure from the strict application of the design requirements and dimensional requirements for plat design and layout as may be applied in the various zoning districts as well as the design requirements section of this code.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.62.020 Plat variance application.
Plat variances shall only be submitted when accompanied by a boundary line adjustment, short plat, preliminary plat, general binding site plan or specific binding site plan application. The nature of the plat variance shall be described in a text note on the face of the drawing and shall be graphically depicted thereon. Plat variances shall not be required for the design or dimensional changes and allowances as may be approved under a PUD.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.62.030 Plat variance approval criteria.
In granting an approval for a variance from plat requirements, the review authority must find that the criteria in subsection A or B of this section apply:
A.
Criteria for variance to alleviate unnecessary hardship:
1.
That the proposed plat is clearly in an area or of a type that contains extraordinary conditions of existing development pattern, topography, access, location, shape, size, drainage or other unusual circumstances such that strict compliance with specified requirements of this title would create an extraordinary hardship for the property owner;
2.
That the variance would not confer a special benefit upon persons or property that would not be equally available to all persons or property under the same circumstances;
3.
That the hardship to the property owner outweighs the public benefit to be derived from strict compliance with the specified plat requirements;
4.
That granting of the variance will not be unduly detrimental to the public welfare or injurious to the property or improvements in the vicinity.
B.
Criteria for variance to achieve better design:
1.
The variance will allow for enhanced neighborhood compatibility and an enhanced plat design which is more practical given the constraints of topography, critical areas, or subject property shape or size, and which is consistent with the goals and policies of the comprehensive plan;
2.
That the variance would not confer a special benefit upon persons or property that would not be equally available to all persons or property under the same circumstances;
3.
That the benefit of the enhanced design to the property owner and the community outweighs the public benefit to be derived from strict compliance with the specified plat requirements;
4.
That granting of the variance will not be unduly detrimental to the public welfare or injurious to the property or improvements in the vicinity.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.010 Applicability.
The division of commercial or industrial zoned land for sale or lease when used for commercial or industrial purposes; the division of land that supports the further division of property by the creation of condominium units; the division of land for lease when used as a mobile home park, recreational vehicle park, or trailer court; or the division of land into lots or tracts pursuant to RCW 58.17.040(7).
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.020 Purpose.
A.
The purpose of this section is to provide an alternative to the traditional platting process for the division of land and to establish the necessary requirements for site development which will include but are not limited to:
B.
The process is intended to allow flexibility in the timing of required infrastructure improvements as determined appropriate by the review authority.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.030 Binding site plan review procedures.
The review and approval of a binding site plan is a two-step process: general and specific. No sale of land divided through a binding site plan process shall be allowed prior to final approval and recordation of a specific binding site plan providing for such sale.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.040 General binding site plan review procedure.
A.
Through a Type II-CC decision process, the city council shall make a decision to approve, approve with conditions, or deny the proposed general binding site plan.
B.
All approvals shall be subject to a development agreement as authorized under Chapter 36.70B RCW et seq.
C.
Following a city council decision to approve, the community development director and public works director shall coordinate with the applicant to draft a development agreement that includes the following details:
1.
Legal description of the property to be bound by the agreement;
2.
Map showing the general binding site plan;
3.
Specific infrastructure requirements, including a phasing plan for infrastructure installation;
4.
Special building restrictions including design standards appropriate to the type of uses permitted;
5.
General land use regulations that may supplement the zoning;
6.
Landscape and streetscape plans, as applicable;
7.
Critical area buffers and/or mitigation requirements;
8.
Minimum infrastructure levels of service and access requirements that must be complete prior to approval of any specific binding site plans.
D.
The city council shall have final authority to review and approve any development agreement. A public hearing shall be held by the city council to consider the development agreement prior to approval.
E.
Upon approval of the agreement by the developer and the city, the applicant shall complete the general binding site plan consistent with the requirements of this chapter and the agreement. This site plan must be prepared and stamped by a registered land surveyor who shall certify that the general binding site plan is a true and correct representation of the land surveyed and stamped by a professional engineer that all infrastructure improvements required under the general binding site plan can be constructed.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.050 General binding site plan approval criteria.
A.
The city council shall make the following findings upon approving a general binding site plan plat:
1.
The site plan is generally consistent with the comprehensive plan in light of any changed conditions since its adoption;
2.
The site plan is consistent with the applicable zoning, critical areas, shoreline, and State Environmental Policy Act regulations;
4.
That the site plan and related dedication will serve the public interest, and not be detrimental to the public health, safety and general welfare;
5.
Appropriate provisions are made for, but not limited to, open spaces and drainage ways; roads, streets, alleys and transit stops; potable water supply, sanitary sewer, parks and recreation; sidewalks and other pedestrian corridors; and amenities that promote the quality of the neighborhood.
B.
Written findings shall be included in the notice of decision and shall be retained in the project file at the city.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.060 Time limitation.
If no specific binding site plans have been approved within five years of the date of approval of the general binding site plan by the city council, the general binding site plan and development agreement shall expire. The city council may extend the time limit for one year at a time. Only two such extensions shall be approved. If all specific binding site plans are not submitted or completed by the end of all approved extensions (maximum of seven years), then the general binding site plan shall be considered abandoned. No action shall be taken on an abandoned site plan except resubmission.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2811 § 2 (Exh. A), 2012)
§ 17.64.070 Referral to other offices.
A general binding site plan application, that has been deemed complete, shall be circulated by the community development services department to pertinent city departments and public agencies. Each official or agency may file written recommendations with the community development services department. In addition, where the proposed plan abuts a state right-of-way or abuts Whatcom County jurisdiction, the State Department of Transportation and/or Whatcom County planning and development services shall be provided copies of the plan for review and comment.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.64.080 Specific binding site plan review procedure.
A.
The purpose of the specific binding site plan is to provide a timely staff review of site plan divisions; ensure appropriate conditions and requirements have been met; and provide proper recording of divisions for sale or transfer. No occupancy permit or use of the parcel or lease area(s) being created by a specific binding site plan shall be issued or allowed until all necessary improvements and requirements specified by this title and general binding site plan agreement have been met.
B.
Upon compliance with the requirements of the director and all conditions of the general binding site plan agreement, the specific binding site plan shall be signed by the owners and the others noted in Chapter 17.66 BMC. Once signed, the specific binding site plan shall be filed for record with the county auditor's office.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.090 Infrastructure improvements.
It is the intent of this section to allow the required infrastructure improvements to be installed prior to building construction.
A.
Before approval may be granted for any specific binding site plan, the following improvements have been provided or will be provided prior to issuance of a building permit under the conditions specified in the development agreement:
B.
If the development of the site is to be done in phases, the applicant shall submit a schedule of installation of the required improvements to coincide with the development phasing. Such improvement schedule is subject to approval of the public works director.
C.
A professional engineer shall design all improvements in accordance with the city's development guidelines and public works standards and the appropriate utility comprehensive plans. Any phased infrastructure shall be designed and constructed such that it is sized for and otherwise accommodates the need for extensions and demand created by future phases.
D.
Surety covering construction performance and guaranteeing the construction shall be required.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.100 Specific binding site plan approval criteria.
A.
The community development director shall make the following findings upon approving a specific binding site plan:
1.
The specific binding site plan is consistent with the development agreement;
2.
The specific binding site plan is consistent with the applicable zoning, critical areas, shoreline, and State Environmental Policy Act regulations;
4.
That the specific binding site plan is consistent with the general binding site plan and the intent of the approval thereof.
B.
Written findings shall be submitted to the applicant and shall be retained in the project file at the city.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.64.110 Modifications.
A.
The community development director shall consider any modifications to a general or specific binding site plan. The director may allow minor modifications to the agreement without modifying the instrument after consultation with pertinent city departments and public agencies. A "minor modification" is defined as a modification that meets the following provisions:
1.
The modification does not violate any provisions of this title;
2.
The lot area requirements are not varied by more than 10 percent;
3.
The common open space and/or usable open space is not reduced by more than 10 percent;
4.
The total ground area covered by buildings is not increased more than five percent.
B.
All other modifications shall require amendment to the general binding site plan agreement. An amendment shall be processed in the same manner as the original application.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.66.010 Purpose.
The purpose of this section is to stipulate the application submittal requirements for the various land division and boundary line adjustment processes.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.66.020 Basic requirements.
The following submittal requirements apply to all land division and boundary line adjustment applications:
A.
Application shall be made on forms provided by the community development services department. All applications shall be signed by the owner(s) of all property involved in the application.
B.
All applicable fees shall be paid at the time of application submittal.
C.
Three large-format drawings on 24-inch by 18-inch sheets or 24-inch by 24-inch sheets, one drawing on an 11-inch by 17-inch sheet, and one electronic format drawing on compact disc or other media acceptable to the community development director.
D.
Drawings shall be prepared by a licensed surveyor. Where applicable, the supporting drawings may be prepared by a licensed engineer.
E.
A State Environmental Policy Act checklist shall be submitted with land division when required by state law and this title.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.66.030 Drawing requirements.
A.
All drawings submitted for review with an application shall meet the requirements of Table 17.66.A.
Table 17.66.A | ||||||
|---|---|---|---|---|---|---|
Application Submittal Drawing Component | BLA | SP | PP | FP | GBSP | SBSP |
BLA = Boundary Line Adjustment, SP = Short Plat, PP = Preliminary Plat, FP = Final Plat, GBSP = General Binding Site Plan, SBSP = Specific Binding Site Plan | ||||||
1. Name of the proposed land division | X | X | X | X | X | X |
2. Name, address, email, telephone number of the consultant preparing the drawing | X | X | X | X | X | X |
3. Include boundaries, rights-of-way, and property configuration including names of owners for property within 300 feet | X | X | X | X | ||
4. North arrow, common engineering scale (graphically depicted), vicinity map, sheet numbers, revision date, legend as necessary | X | X | X | X | X | X |
5. Legal description; township, section, range; parcel numbers | X | X | X | X | X | X |
6. Existing structures, driveways, and other built facilities on the site | X | X | X | X | X | |
7. Location of delineated critical areas, floodplains, drainage ways, streams, appropriate buffers, shoreline jurisdiction boundaries, and OHWM | X | X | X | X | ||
8. One- to five-foot contours as necessary to show slope of land when slope over whole of site exceeds five percent | X | X | X | |||
9. Setback distances for existing buildings to existing and proposed property lines | X | X | X | |||
10. Lot square footage for existing and proposed lots and tracts | X | X | X | X | X | |
11. Logical and consecutive lot numbers for proposed lots | X | X | X | X | X | |
12. Lot dimensions for all lot boundaries | X | X | X | X | X | X |
13. Existing Utilities – location of existing water, sewer, and dry utility lines and easements – drain fields where applicable | X | X | X | X | X | |
14. Proposed Utilities – Location of proposed utility lines and easements | X | X | X | X | ||
15. Location of existing roads, driveways and access easements | X | X | X | X | X | X |
16. Proposed roads and access easements to serve new and revised lots | X | X | X | X | X | X |
17. Location of any existing wells | X | X | X | X | ||
18. Proposed phasing boundaries | X | |||||
19. Existing and proposed street names | X | X | X | X | X | X |
20. Addresses of existing buildings/lots | X | X | X | X | ||
21. Addresses of lots to be created (as determined by city) | X | X | ||||
22. Perimeter of subdivision is shown in heavier lines | X | X | X | X | X | X |
23. Existing property lines proposed for change shown in dashed lines | X | X | X | X | X | |
24. All reserve tracts identified with lettered labels (i.e., Tract A) | X | X | X | X | X | |
25. Complete bearings, lot dimensions, radii, arcs, and central angles of all lines and curves of any lot or boundary lines within the subdivision | X | X | X | |||
26. Type and location of any monuments and the set date | X | X | X | X | X | X |
27. Location of permanent control monuments used as ties to establish boundary of subdivision, basis of bearing and line held | X | X | X | X | X | X |
28. Location and width of all easements shown with dashed lines and a description of purpose of easement including beneficiary | X | X | X | X | X | X |
29. Reference to any covenants, conditions, and restrictions | X | X | X | X | X | |
30. In the case of a replat, the lots, blocks, streets, alleys, and easements of the original plat shall be shown in dashed or lighter value lines and the proposed plat shall be shown in darker or solid lines | X | X | X | X | ||
B.
Additional drawing elements may be required as determined necessary by the review authority to facilitate complete and accurate review and representation of the land division for recordation.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.66.040 Dedications – Certifications.
A.
All final drawings submitted for city review and approval prior to recordation shall include dedications, certifications and signature blocks noted in Table 17.66.B. Modification to the dedications, certifications and signature blocks language included on documents for recordation may be approved by the community development director or designee.
Table 17.66.B | |||||
|---|---|---|---|---|---|
Statement included on face of document | BLA | SP | LP | GBSP | SBSP |
1. Declaration and Dedication: I (we) the undersigned being the owner(s) of the property herein being subdivided hereby declare and acknowledge this plat of _____(Plat Name)_________ and dedicate to the use of the public forever all streets, rights-of-way, parks, playgrounds, easements, reservations, and any areas to be dedicated to public use, together with any restrictions or limitations thereon; also the right to make the necessary slopes for cuts and fills on lots and tracts in any reasonable grading of said roads, rights-of-way and easements, and hereby waive all claims for damages against any governmental authority which may be occasioned to periodically enter said adjacent land for established construction, maintenance, and drainage of said dedicated facilities and lands. | X | X | X | X | |
2. We the undersigned owners of the lots depicted hereon hereby declare this Boundary Line Adjustment is made with our free consent and in accordance with our wishes, and that the legal document necessary to transfer title to the property has been prepared and executed so that upon recording of this Boundary Line Adjustment, the title to the properties will accurately reflect the new configuration resulting from the Boundary Line Adjustment. | X | ||||
3. Public Works Director: I hereby certify that all physical and administrative items for this __ (Type of Drawing)___ are complete and/or have been bonded for, that adequate means of water delivery and sewage disposal have been provided, and that all the public infrastructure requirements of the City of Blaine have been provided for and said document is hereby approved by the Department of Public Works this _____ day of _______________, 20_____. | X | X | X | X | |
4. | X | X | X | X | |
5. City Finance Director: I hereby certify that there are no delinquent special assessments and that all special assessments certified to the City Finance Director for collection on any property herein contained and dedicated for streets, alleys, or other public uses are paid in full. | X | X | X | X | |
6. Community Development Director: I hereby certify that this __(Type of Drawing)___ has been examined and that all the requirements of the City of Blaine have been provided for and said document is hereby approved by the Community Development Services Department this _____ day of _______________, 20_____. | X | X | X | X | X |
7. Mayor: Examined and approved by the Blaine City Council in conformance with the Blaine Subdivision Code this _____ day of _______________, 20_____. | X | X | |||
8. The plat is near mineral resource lands whereupon a variety of commercial activities may occur that are incompatible with residential development for certain periods of limited duration, and an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. Applicable when any part of the plat is located within 500 feet of designated mineral resources lands | X | X | X | X | |
B.
A surveyor's certification shall be included on all final drawings submitted to the city for review and approval. The certification shall include a statement of compliance with local and state regulations and shall confirm the performance of a survey and setting of applicable monuments and property corners.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2811 § 2 (Exh. A), 2012; Ord. 2827 § 2 (Exh. A), 2013)
§ 17.68.010 Purpose.
A planned unit development (PUD), as the term is used in this division, is a binding development plan created under a permit review process that allows flexible application of zoning and has the following purposes:
A.
To permit greater flexibility and consequently more creative and imaginative design for the development of residential and business uses than is generally possible under conventional zoning regulations including alteration of bulk and scale requirements as may be included in the underlying zoning district;
B.
To promote more economical and efficient use of the land while providing a variety of housing choices, a higher level of city attractiveness and quality, and preservation of scenic open space;
C.
To correlate the intentions of this division and other ordinances of the city to encourage developments which will provide a desirable and stable environment in harmony with that of the surrounding area;
D.
Promote infill development within established neighborhoods, and promote a more dense housing pattern that supports transit and smaller-scale neighborhood retail and service uses that work to encourage non-vehicular trips;
E.
Promote the development of housing and mixed housing/commercial developments that generally emulate a traditional village setting typical of portions of central Blaine, or provide a truly unique development style that is not otherwise commonly available through other development entitlements;
F.
Provide incentive for cluster development to increase open space and avoid development within environmentally sensitive areas;
G.
Provide flexibility in development standards within commercial centers and industrial parks;
H.
To increase the public benefit to the community and provide benefits to the developer that cannot be achieved through the standard subdivision or site development process.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.020 Applicability.
A PUD application may be submitted for any property or contiguous group of properties located in the city that meets the minimum size requirements.
A.
The permissible size of PUD projects is as defined in Table 17.68.A:
Table 17.68.A | |
|---|---|
Type of PUD | Area (acres) |
Residential | 3 or more |
Commercial | 5 or more |
Mixed Use | 5 or more |
B.
Minimum size for any type of PUD may be waived on written recommendation of the director where PUD flexibility will enhance the preservation of wetlands or other critical areas; or will make possible a development style that is compatible with the existing development in the project vicinity and, in the opinion of the director, the project will result in a development that exceeds existing standards and is more consistent with the goals and direction in the city's comprehensive plan.
D.
PUDs are permitted in the locations defined by Table 17.68.B, subject to the size limits included in Table 17.68.A.
Table 17.68.B | |||
|---|---|---|---|
Zoning District | PUD Type | ||
Residential | Comm./ Indus. | Mixed Use | |
RPR | x | ||
RH | x | ||
RM | x | ||
RL | x | ||
RO | x | ||
PR | x | ||
SF-1 | x | ||
SF-2 | x | ||
PC | x | x | |
HCx | x | x | |
GW | x | x | |
Mx | x | ||
MPR | x | ||
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.030 Permitted uses.
A.
Permitted uses vary depending upon the type of PUD and the zoning district. No use shall be permitted except in conformity with final development plan pursuant to the procedural and regulatory provisions of this chapter.
B.
Uses in residential PUDs in residential districts shall be limited as defined in Table 17.68.C. Residential uses in PUDs in PC, HCx, GW and MPR districts shall be as permitted by the review authority.
Table 17.68.C | |||||||
|---|---|---|---|---|---|---|---|
SFD | Accessory Dwelling Unit | Attached SFD | Duplex | Townhouse | Multifamily Dwelling | Manufactured Home Park | |
SF-1 | x | x | |||||
SF-2 | x | x | x | ||||
RL | x | x | |||||
RM | x | x | x | x | x | ||
RH | x | x | x | ||||
PR | x | x | x | x | x | x | x |
RPR | x | x | x | x | x | x | |
RO | x | x | x | ||||
(Ord. 2737 § 2 (Att. A), 2009; Ord. 3005 § 1 (Exh. A), 2023)
§ 17.68.040 Public services availability.
A.
The purpose of this section is to assure that PUD approvals are not granted unless such facilities as water lines, sewer lines and streets exist or are immediately planned in sufficient quantity to service the proposed new development.
B.
PUD projects shall be located with respect to arterials and collector streets or other transportation facilities so as to provide direct access without creating substantial traffic along local access streets in residential neighborhoods outside the PUD.
C.
PUD projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public cost will be required. Such PUD projects shall be so located with respect to schools, parks, playgrounds and other public facilities and services as to have access in the same degree as would development in a form generally permitted in the area; provided, that a PUD may be approved if, alternatively:
1.
The developers will provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis, and assure their satisfactory continuing operation and maintenance permanently or until equivalent public utilities, facilities or services are available; or
2.
The developers will make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; and
3.
The city is able to make such determinations through experts acceptable to it and at the cost of the developers, considering the difference in anticipated public installation, operation and maintenance costs, and the difference in anticipated public revenue.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.050 Submission contents.
A.
PUD requests shall be made on forms provided by the community development services department. Submittal requirements for a PUD that includes the division of property and creation of building lots shall meet the minimum requirements of a preliminary plat submittal as defined in this code. Submittal requirements for a PUD that does not include the division of real property or the creation of lots shall meet the minimum requirements of a site plan review submittal as defined in Chapter 17.07 BMC.
B.
In addition to the minimum submittal requirements noted above, a PUD application shall include the following:
1.
A draft master plan including the following:
a.
A conceptual streetscape plan;
b.
A preliminary landscape plan;
c.
A preliminary open space amenities and trail plan;
d.
Conceptual architectural renderings demonstrating the style of all residential and non-residential uses, with greater detail for multiple-family residential, mixed-use and commercial structures and lesser detail for detached single-family dwellings and cottages;
2.
Preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD and describe design allowances, limits, and requirements;
3.
A commercial PUD or a residential PUD with commercial components shall include an economic study analyzing the trade area from which the commercial uses will draw the customer base necessary to support the commercial components, and the current and future feasibility of the commercial components of the PUD;
4.
Additional reports as determined by the review authority necessary to understand the physical impacts of the PUD;
5.
A written report of the community conference held prior to submittal of the applications.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.060 Review and approval process.
A.
Prospective applicants for PUD projects shall schedule a preapplication conference on the conceptual plans with the community development services department prior to submittal of any applications. The community development services department shall circulate the materials to pertinent city departments and public agencies for preliminary review.
B.
After preliminary review by pertinent city departments and public agencies, but prior to submittal of applications, the applicant shall arrange for a community conference as described in BMC § 17.68.070.
C.
Once the applications have been submitted the project shall be processed as a Type II-CC decision.
D.
Following a PUD approval by the city council, the applicant shall make any required revisions and submit the revised PUD site plan and revised preliminary plat or other land division tool to the city for staff review, approval, and stamping.
E.
Following a PUD approval by the city council, the applicant shall prepare a final PUD master plan for review and approval by the planning commission.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.68.070 Community conference.
A.
Purpose. The community conference is an informal public meeting hosted by the applicant. The purpose of the meeting is to provide early and informal notification to the public, to generate discussion, and make the proponent aware of community concerns relative to the proposed project. It is intended to provide a means by which the applicant, staff, and the public are able to work together in a productive and creative manner. However, options and issues raised may not be all-inclusive and no decisions or guarantees on the project design or outcome are made. Revision of the proposal based on input from the community conference is solely at the discretion of the applicant.
B.
Expectations. The applicant can expect the following results from the community conference:
1.
The more information an applicant can provide for a community conference, the more complete the staff's feedback and input will be for the proposal;
2.
Any information or opinions expressed by staff shall not be binding on the final decision or constitute approval or denial of the proposed project;
3.
Inconsistency with the comprehensive plan, this code and other applicable policies and regulations will be discussed;
4.
City staff, the public, and the applicant should discuss creative approaches to address challenging site constraints or potential mitigations;
5.
Recommended revisions or modifications to the proposal will be discussed; and
6.
The public will be invited to speak to issues related to the proposal, but their input shall not be considered public testimony in regard to the application when and if submitted.
C.
Process. The community conference shall be held in a place that is readily available to the public and large enough to accommodate the anticipated number of people who may be present at the meeting, such as the Blaine Community Center, City Hall Council Chambers, or another public or private meeting facility. Notice shall be provided as for a public hearing as set forth in BMC § 17.06.110 and by mail to all owners of property within 300 feet of the PUD site. All mailing and publishing requirements are the responsibility of the project proponent, and shall be documented by affidavit to the city. City staff shall post the site, post notice at the community development services office, and on the city website.
The applicant shall:
1.
Explain the project concept to the audience and solicit input as to the issues which concern them; and
2.
Prepare a written report documenting the community meeting, summarizing the issues raised, and describing how the proposed project, as submitted, addresses the issues raised in the project design and/or explains why it does not; and
3.
Submit said written report to the city for inclusion with the application materials.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.080 Criteria for approval.
The city may approve a PUD application only if it finds that the following requirements have been met:
A.
Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and solely on this basis modifications to the use and design standards established by such regulations are warranted.
B.
Meets PUD Requirements. The PUD meets the requirements for a PUD set forth in this chapter.
C.
Consistent with Comprehensive Plan. The PUD is generally consistent with the objectives of the city comprehensive plan as viewed in light of any changed conditions since its adoption.
D.
Public Welfare. The PUD will not be detrimental to the public health, safety, morals, or general welfare.
E.
Compatible with Environs. Neither the PUD nor any portion thereof will be injurious to the use and enjoyment of other properties in its vicinity, substantially impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.
F.
Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as stands of mature trees, steep slopes, natural drainage ways, wetlands, or other areas of sensitive or valuable environmental character.
G.
Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking, and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity, and design to ensure safe and efficient circulation of pedestrians, automobiles, trucks, bicycles, fire trucks, garbage trucks, and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.
H.
Open Space and Landscaping. The quality and quantity of public and common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape, and location of a substantial portion of total public and common open space provided in residential areas render it usable for recreation purposes.
1.
Open space between all buildings is adequate to allow for light and air, for access by fire-fighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.
I.
Covenants. Where individual parcels or condominiums are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners or condominium associations and bylaws or CC&Rs all in a form approved by the city, for the preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the city or another public body, including such control of the use and exterior design of individual structures, if any, as is necessary for continuing conformance to the PUD plan. Such a provision must be binding on all future ownership.
J.
Public Services. The land uses, intensities, and phasing of the PUD are consistent with the anticipated ability of the city, the school districts, and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services without placing undue burden on existing residents and businesses.
K.
Phasing. Each development phase of the PUD shall, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed. The provision and improvement of public or common area improvements, open spaces, and amenities, or the provision of financial sureties guaranteeing their improvement, is phased generally proportionate to the phasing of the number of dwelling units or amount of non-residential floor area.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.090 Master plan.
A.
A master plan shall be developed by the applicant that incorporates the submission requirements in BMC § 17.68.050 along with additional detail as necessary to clearly convey the intent of the developer and the approval of the city. The master plan shall incorporate the conditions of project approval and the contents of the CC&Rs in a manner that the master plan becomes the guiding document for development of the overall site, individual phases, building sites and structures, and public and private open space.
B.
The master plan shall be submitted for review and approval by the community development director subsequent to PUD approval by the city council. Such submittal shall occur within 180 calendar days of the issuance of the final decision. A single 90-day extension may be granted by the community development director upon written request of the applicant. No development, except clearing and grading, shall be authorized in the PUD until the master plan is approved by the community development director.
C.
Failure to complete the master plan in the allotted time shall constitute abandonment of the PUD by the applicant and the approval shall be nullified.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.68.100 Modifications and amendments.
An approved PUD site plan may be modified or amended upon written request of the property owner(s).
A.
Modifications are minor changes to an approved PUD, subject to approval or denial as an administrative decision by the director, which do not:
1.
Change the residential density more than five percent by increasing or decreasing the number of units in a PUD.
2.
Change the mix of uses or significantly alter the arrangement of buildings for a commercial or industrial PUD, or increase or decrease the commercial or industrial floor area by more than 10 percent.
3.
Significantly alter the amount or arrangement of open space or recreational amenities, or the treatment of environmentally sensitive areas that may exist on the site.
4.
Significantly alter the approved architectural concept of the PUD master plan or PUD site plan.
5.
Significantly alter the basic layout of the approved project infrastructure.
6.
Require revision to the approved PUD master plan as determined by the director.
B.
Amendments are major changes to an approved PUD that do not qualify as modifications.
C.
Proposed PUD amendments shall be processed in the same manner as a PUD application, including noticed community conference and public hearing, hearing examiner review and recommendation, and review and decision by the city council.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.68.120 Residential PUD standards.
A.
Uses Permitted.
2.
In the RPR (Residential Planned Recreation) and PR (Planned Residential) districts, neighborhood retail commercial uses intended to primarily serve the residents of the PUD, including grocery stores, drugstores, bakeries, restaurants, pubs, professional offices and services including barbershops, beauty shops, and day care services and uses similar in nature and effect. Such uses shall be limited to a maximum of 10 percent of the site area and in no case shall exceed five acres in size, except as permitted by an approved master plan or subarea plan.
3.
Churches, clubhouses, schools and other similar public gathering places.
B.
Permitted Density. Density shall be allowed as determined by Table 17.68.E plus density bonuses as may apply.
C.
Lot Sizes. Lot sizes within the residential PUD may be reduced in area; however, no lot may be smaller than 4,000 square feet. This restriction shall not apply to designated zero setback lots.
D.
Open Space. All residential PUDs shall contain usable open space equal to at least 15 percent of the total site area exclusive of critical areas and buffers. Where critical areas or buffers are included in a residential PUD, open space may be reduced one square foot for every four square feet of protected critical area and/or buffer. Recreational amenities shall be provided in an amount appropriate to the size and characteristics of the anticipated residential population of the PUD.
E.
Recreational Amenities. PUDs shall include a minimum of one minor amenity for the first one to 20 dwelling units, and one additional minor amenity for each additional 20 units. PUDs shall include one major amenity when unit count reaches 40 dwelling units, and shall provide one additional major amenity for each 40 additional units. The amenities shall be cumulative, such that for 30 dwelling units one minor and no major amenities shall be required, and for 65 dwelling units three minor amenities and one major amenity shall be required. The approving authority may authorize alternative amenities as determined appropriate given the character of the PUD at the request of the applicant.
Table 17.68.D | |
|---|---|
Minor Amenity | Major Amenity |
Open turf playfield (20,000 sq. ft. min.) | Tot lot or play structure |
Community garden | Covered picnic area |
Interpretive trail signage | Community building |
Outdoor art | Public plaza or courtyard |
Street furniture | Fenced tennis court |
Fountain/water feature | Soccer, baseball, football or softball field |
Sand volleyball court | Large water feature |
Half basketball court | Trails in natural areas |
Picnic area | |
F.
Lot Configuration. Lots within a residential PUD may vary from the depth, width and size requirements established in the code for the underlying zoning district, as determined to be suitable for the proposed PUD subject to the standards of this chapter.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2879 § 1 (Exh. A § 8), 2016; Ord. 3005 § 1 (Exh. A), 2023)
§ 17.68.125 Base density.
Base density is the starting point for determining density bonuses in a PUD. Base density is determined by Table 17.68.E.
Table 17.68.E | ||||||||
|---|---|---|---|---|---|---|---|---|
RL | SF-1 | SF-2 | RM | RH | RO | PR | RPR | |
Units per acre | 6 | 7 | 9 | 12 | 24 | 24 | 4 | 3 |
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2900 § 1 (Exh. A), 2017)
§ 17.68.130 Residential PUD density bonuses.
Density bonuses shall be provided for use of superior design. A total of 20 percent increase above the base density may be granted. Density bonuses shall be rounded down to the nearest whole number.
A.
A 10 percent increase in density shall be allowed for use of superior neighborhood design based upon the goals and purposes of this chapter. "Superior neighborhood design" shall include a minimum of five of the elements listed below:
1.
Identifiable neighborhood center such as a town square, village green, uniquely designed crossroads or intersection;
2.
Strong pedestrian interconnection, meaning that pedestrian paths, sidewalks and other travel ways provide demonstrably more connectivity for pedestrian and non-motorized travel than the road network provides for motorized travel;
3.
Alley access to more than 75 percent of homes and garage access required to be provided from the alley;
4.
Any front-loaded homes required to have garages set back a minimum of 10 feet from the front facade of the residence;
5.
Prominent front entries utilizing covered front porches combined with front yard setbacks not exceeding 15 feet for more than 75 percent of the homes;
6.
A strongly evident grid street network with minimal use of curvilinear streets and cul-de-sacs;
7.
Dedicated public or quasi-public recreation areas including play structures or other public amenities located within 1,000 feet of 90 percent of dwelling units;
8.
A mix of housing types including three or more of the following: single-family dwellings, detached; single-family dwellings, attached; townhouses; accessory dwelling units; carriage houses; and cottage clusters;
9.
A small neighborhood-scale retail and service area designed to provide convenience needs with a clearly pedestrian, nonvehicular design, with no specific retail or service requirements but permitted to include elements such as a coffee shop, neighborhood market, neighborhood pub, cafe, and service shops;
10.
Any other neo-traditional design element determined by the review authority to enhance the quality and character of the PUD;
11.
Application of LID (low-impact development) or other environmentally protective techniques for infrastructure development which exceed state and local standards.
B.
A 10 percent increase in density shall be allowed for use of superior building design based upon the goals and purposes of this chapter. "Superior building design" shall include a minimum of three of the elements listed below or designed to achieve LEED® silver or higher standards or other innovative and sustainable development techniques for buildings as defined and regulated through enforceable CC&Rs:
1.
Use of a consistent and recognizable architectural style typical of a maritime northwest community as defined in the master plan and regulated through enforceable CC&Rs;
2.
Utilizing solar or wind power, geothermal systems, rainwater capture and reuse, or other substantial sustainable building system features;
3.
Minimum of 80 percent of household fixtures being water-efficient fixtures;
4.
Drought-tolerant landscaping and/or significant retention of native vegetation on individual building lots;
5.
Passive solar construction or other construction technique to reduce energy use.
C.
A 10 percent increase in density shall be allowed for clustering of structures that increases the open space in a residential PUD above what is required by BMC § 17.68.120. Critical areas and buffers shall be included in the overall open space considered for this density bonus at the rate per BMC § 17.68.120(D).
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.140 Commercial/Industrial PUD standards.
A.
Uses Permitted. Any use permitted or conditionally permitted in the underlying zoning district. Uses not specifically permitted in the underlying zoning district or a combination of uses not permitted in the underlying zoning district may be allowed upon approval of a PUD application; provided, that the city council finds that the proposed use is similar in effect and compatible with permitted or conditional uses in the underlying zone.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.150 Mixed use PUD standards.
A.
Uses Permitted. Any use as permitted in the underlying zoning district. Fully integrated residential units, such as live-work units and multifamily residential above commercial, are permitted. Uses not specifically permitted in the underlying zoning district or a combination of uses not permitted in the underlying zoning district may be allowed upon approval of a PUD application; provided, that the city council finds that the proposed use is similar in effect and compatible with permitted or conditional uses in the underlying zone and PUD.
B.
Residential density is not specifically limited in a mixed-use PUD. Density is a function of design. Commercially zoned property shall not be converted to a primarily residential use through a PUD.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.160 PUD landscape, buffering and setbacks.
A.
The dimensions of minimum setbacks from PUD boundaries, setbacks from rights-of-way and private streets, separation of buildings, and PUD buffer areas reserved for landscaping are defined in Table 17.68.F:
Table 17.68.F | ||||
|---|---|---|---|---|
Setback from PUD boundary excluding ROW | Setback from ROW | Landscape Buffers | Internal building separation | |
Residential | 30 feet | 10 feet | 20 feet | 10 feet |
Other PUD | 30 feet when adjacent to non-commercial district | As per approved plan | 10 feet when adjacent to non-commercial zone | As per approved plan |
B.
Landscape plantings and other screening features such as berms and/or fencing shall be established within the required PUD buffer to provide a minimum of five-foot perimeter landscaping areas as defined in BMC § 17.126.070 separating the development site from adjoining properties.
C.
Landscaping shall also be consistent with the requirements of Chapter 17.126 BMC, Landscaping, where applicable.
D.
After approval of a PUD a detailed landscaping plan shall be submitted, identifying the type, size, spacing and maintenance schedule for all landscaping proposed within the required buffer area and the overall site.
E.
No building, parking, outdoor storage or access drive shall extend into a required buffer area. Maintenance responsibilities for the PUD buffer shall be clearly identified in the CC&Rs.
F.
All PUD buffer restrictions shall be clearly noted on the final plat or other legal document to advise potential lot purchasers/residents of said buffer restrictions. Buffers shall not be included in single-family residential lots, and shall be separate tracts when not included on common area.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2805 § 2 (Exh. A), 2011)
§ 17.68.170 Owner's association.
All PUD applications must include preliminary bylaws for an owner's association and, upon final approval of a PUD, the applicant shall convey by deed all private streets, sidewalks, walkways, curbs, gutters, stormwater drainage facilities, utilities, and all other common areas and open space areas to an owner's association. The owner's association shall be empowered to collect dues and assessments and to enforce covenants, conditions, and restrictions and any rules and regulations deemed necessary for the governing of development and use of each lot and common areas within the PUD. The owner's association may not be dissolved nor may it convey any property within the PUD without the express written approval of the Blaine city council.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.180 Restrictive covenants.
All PUD applications must include preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD. The CC&Rs shall include the following:
A.
Architectural control standards, which shall be reviewed and approved by the community development director after consultation with a licensed architect. The architectural control standards shall be designed to reflect a unified architectural concept in terms of style, form, bulk, colors, and materials. A coordinating architect, architectural review board, or other such entity shall be established by the owner's association to review all plans submitted by lot owners within the PUD to ensure compliance with the architectural control standards. All lot owners shall be required to submit building and design plans to the established reviewing entity prior to construction of any building on any lot within the PUD.
B.
A landscape and lighting plan, identifying the type, size, spacing, and maintenance schedule for all landscaping (including lighting elements) proposed within the required buffer areas, open space areas, and other common areas, shall be developed. Maintenance of all landscaping, buffer areas and open space areas shall be the responsibility of the owner's association and all individual lot owners. All future purchasers of lots within the PUD shall be required to sign an acknowledgment indicating knowledge and compliance with these maintenance responsibilities. The city may require that a maintenance bond be posted in an amount representing 125 percent of the estimated costs of maintaining any of these areas for a period of five years from the date of final PUD approval. If the owner's association and/or the individual lot owners fail to adequately maintain the landscaping, buffer areas, and open space areas, then the city shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. The city shall have the right to recover all costs, including attorney's fees, incurred in any enforcement action. Nothing herein, however, shall require the city to take any action on behalf of the owner's association or lot owner or other citizen to enforce the CC&Rs.
C.
Private Street Maintenance Plan. In the event that private streets are approved within a PUD, the CC&Rs shall describe responsibilities for the maintenance of the private streets. Whenever a private street is approved within a PUD, all street-related improvements shall be maintained by the owner's association. "Street-related improvements" include, but are not limited to, automobile travel lanes, parking areas, bicycle lanes, turn-around areas, sidewalks or other pedestrian walkways, curbs, gutters, catch basins, or any other storm drainage facilities, street lights, street signs or pavement markings, medians, planting areas, or similar improvements. If the owner's association and/or the individual lot owners fail to adequately maintain the private streets and related improvements, the city shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. The city shall have the right to recover all costs, including attorney's fees, incurred in any enforcement action. Nothing herein, however, shall require the city to take an action on behalf of the owner's association or lot owner or other citizen to enforce the CC&Rs.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.190 PUD street design standards.
All streets to be constructed within the interior of a PUD site or existing streets fronting on a PUD site shall be improved in accordance with city standards as identified in the city development standards manual and shall be dedicated to the city of Blaine. In some instances, streets within a PUD may be private; provided, that the applicant can demonstrate the following:
A.
Minimum safety standards for emergency vehicle access are provided within the PUD.
B.
Adequate travel way width for the anticipated levels of traffic, including appropriate provisions for off-street and on-street parking, backing, vehicle stacking, pedestrian movements, bicycle movements, truck turning movements and improvements necessary to accommodate public transit, are provided.
C.
Street layout within the PUD is consistent with the surrounding street system and shall not preclude remote parcels of property from gaining access to the city street system.
D.
Approval of a private street would not negatively impact the traffic circulation in the surrounding neighborhood or area.
E.
The comprehensive plan does not identify any through streets extending across the PUD site.
F.
The applicant demonstrates the ability to maintain a private street system within the PUD.
G.
The final plat documents shall reference any restrictive covenants regarding private streets and shall include an acknowledgment statement indicating city policy to refuse consideration of private streets for dedication unless and until said private streets are improved to meet current minimum city standards.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.200 Project phasing.
A.
If a proposed PUD is to be constructed in phases, the applicant shall submit a phasing plan with the application materials. The phasing plan may include a time schedule for completion that extends beyond five years, the normal amount of time allotted to complete a PUD. The time schedule may be approved as an element of the phasing plan in which case the time schedule will become the official time schedule for the PUD for the purpose of establishing the expiration date.
B.
If a project is to be phased, it shall be designed such that each phase can stand alone so that if subsequent phases are not constructed, the completed portion of the project constitutes a coherent development logically interconnected with surrounding areas.
C.
Certain project elements, such as open space and recreational amenities, must be provided for each phase of development in rough proportion to the size of the particular phase within the whole project. In certain circumstances, this may also require that infrastructure improvements shown within a later phase of the project may be required to be constructed with an earlier phase, or appropriate securities provided to ensure that construction occurs even if the later phase never takes place.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.68.210 Time limits and extensions.
A.
The PUD approval shall be valid for five years from the day it is approved by the city council or the term of validity of the associated plat or general binding site plan approval, whichever is greater, unless an extended time limit is established in an approved phasing plan at the time of initial PUD approval. Construction on any phases of a PUD must have commenced prior to the expiration of the PUD approval. Once construction of a PUD has been initiated, the PUD master plan, and any approved PUD site plan, become binding on the property included in the PUD in perpetuity, unless a PUD amendment is processed and approved by the city.
B.
A PUD approval may be extended by resolution of the city council for a maximum of one year; provided, that:
1.
A written request for extension has been received at least 30 days prior to the date of expiration. The applicant is responsible for the timely and proper submittal of a request for extension. Extension requests received later than 30 days before the expiration of the PUD will not be accepted; and
2.
The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the five-year time limit.
C.
The city council may authorize two one-year time extensions subject to the requirements of subsection (B) of this section. Each extension must be considered individually.
D.
No provision herein shall be interpreted to allow expiration of a PUD or phase of a PUD when a portion of the PUD or an earlier phase of the PUD has been constructed. The purpose of this section is to ensure that a PUD cannot be partially constructed and abandoned to utilize the underlying zoning regulations without the express review and approval of the city through a PUD amendment.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2879 § 1 (Exh. A § 1), 2016)
§ 17.68.220 Enforcement.
The approved PUD site plan and master plan are binding and shall be a restriction on development which runs with the land. Any unauthorized deviation therefrom shall be punishable and enforceable as a violation of this title.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.74.010 Purpose.
The subdivision design standards are intended to provide predictability to developers while ensuring the citizens of Blaine benefit from quality neighborhood design that promotes public health, safety and welfare while encouraging active lifestyles through neighborhood connectivity by nonmotorized transportation.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.020 Goals.
A.
Promote public health, safety and welfare;
B.
Promote neighborhood connectivity to other neighborhoods, parks, recreational facilities, school facilities, and commercial centers;
C.
Increase safe nonmotorized access and mobility throughout the city;
D.
Avoid nonmotorized and vehicular movement conflicts while improving safety;
E.
Support transportation options that contribute to reduced traffic congestion, improved transit connections, improved air quality, reduced fuel consumption and promote public health and fitness;
F.
Promote equitable and timely review of development proposals; and
G.
Provide predictability to property owners.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.030 Applicability.
A.
These standards shall apply to all short plats, long plats and general binding site plans.
B.
The standards as established by this code shall apply to previously approved permits only if a new application for a permit or amendment is submitted for review and approval. Upon application submittal for a permit or amendment, all standards of this chapter are applicable to the project or development.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.040 Procedural authority.
The community development services (CDS) department shall be responsible for administering this code unless otherwise noted. The public works department is responsible for the construction, operation and maintenance of public facilities and infrastructure. All public and private improvements shall be designed and constructed in accordance with the development guidelines and public works standards. If adopted city standards do not give adequate guidance another appropriate design standard specified by community development services and public works shall apply.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.050 Right-of-way widths.
The minimum rights-of-way required for the following street classifications are as follows:
A.
Arterial streets: 80 feet;
B.
Collector, local or minor access streets: 60 feet;
C.
Alleys: minimum 20 feet;
D.
Private streets: the minimum right-of-way required for private streets shall meet the requirements of the International Fire Code and shall be approved by the review authority.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.060 Additional right-of-way.
When a development is proposed adjacent to a public right-of-way that does not meet the standard width requirements as defined under BMC § 17.74.050, additional right-of-way shall be dedicated to the city so that all portions of property under contiguous ownership of the project proponent front on standard width rights-of-way. Additional right-of-way may also be required for future planned infrastructure or improvements identified in the 20-year capital improvement plan, Blaine comprehensive plan, or other adopted planning documents which identifies capital improvements.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.070 Utility easements.
A minimum five-foot-wide public utility easement shall be dedicated adjacent to all public rights-of-way whenever feasible. Utility easements shall be provided consistent with the development guidelines and public works standards section 3.16.000. Such easements shall be dedicated to the city and shall be used primarily for the installation of required service utilities.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.080 Required improvements.
The project proponent shall construct or make the following on-site and adjacent right-of-way improvements in compliance with the city's comprehensive plan and they shall be designed in accordance with the public works guidelines and development standards unless otherwise noted. All such construction improvements shall be accepted by the city prior to recordation of any development. The community development and public works directors may together authorize alternatives when determined to better serve public health, safety and welfare.
A.
Municipal Utilities.
1.
Any property proposed for development must be serviced with city utility services including but not limited to sanitary sewer, water, power, and storm water. The proponent is required to extend city utilities required to service the proposed development along the entire frontage and make all required connections. Any existing substandard or deficient service shall be improved to the satisfaction of the public works director.
2.
The public works director may grant exceptions for short plats in East Blaine when municipal utilities are unavailable.
B.
Street Improvements.
1.
Public streets shall be constructed to a partial width standard acceptable to the public works director when one side of the street is being developed. Full standard streets are required when both sides of a public street are being developed, or when in the opinion of the public works director construction of a partial street section will compromise the public health, safety or general welfare.
2.
All public and private streets shall be designed to the development guidelines and public works standards Table of Minimum Street Design Standards (Figure 4-c). Approval of reduced standards are at the discretion of the public works director but shall be considered based on the following reasons:
a.
Standards established through the planned unit development process;
b.
Standards established through the plat variance process;
c.
To avoid creating a disconnected system which may affect public safety;
d.
With the agreement to a no protest to LID or payment of in-lieu funds where improvements are best incorporated into a future project.
C.
Street Lighting.
1.
Street lighting at all intersections, including alleyways and pedestrian facilities, is required. Street lighting shall be installed consistent with the development guidelines and public works standards section 4.05, Illumination.
2.
In the West Blaine Planning Area, street lighting shall be of a style and design consistent with the wooden pole mounted street lighting existent in the planning area. Spacing shall be per the development guidelines and public works standards.
D.
Street Trees.
1.
Street trees are required on all collector and arterial streets and shall be located in tree-wells or planting strips. Street trees are also required on all public streets in residential developments and shall be located so as not to obstruct transportation facilities. Street tree species shall be selected from the official street tree list and shall be installed per the development guidelines and public works standards section 4.07.100.
2.
Street trees are not generally utilized in the West Blaine Planning Area. In lieu of street trees, naturalized groupings of three to five trees together with native and ornamental shrubs shall be included in the streetscape with a density and spacing as determined through the planned unit development review process.
E.
Pedestrian Facilities.
1.
Sidewalks shall be required on all public streets as indicated in the development guidelines and public works standards. Bicycle facilities and public trails are required as indicated in the 2009 nonmotorized transportation plan. Construction standards for bikeways are provided in the development guidelines and public works standards section 4.04.000. Crosswalks shall be provided when determined necessary by the public works director.
2.
In the West Blaine Planning Area, pedestrian circulation will generally be provided by a paved trail system, which may be augmented by crushed rock trails and concrete sidewalks where these alternatives may be more appropriate given the density development, volume of traffic, and mix of land uses. Nonmotorized transportation improvements shall be determined through the planned unit development review process.
(Ord. 2787 § 2 (Exh. A), 2011; Ord. 2805 § 2 (Exh. A), 2011; Ord. 2872 § 2 (Exh. A-4), 2015)
§ 17.74.090 Block lengths.
Block length requirements are defined in this section. In limited circumstances, pedestrian access may be provided that will satisfy block length requirements when, in the opinion of the community development director, additional vehicle access will be detrimental to the neighborhood. The public works director and community development director may approve an alternative transportation design provided it contributes a greater benefit to the community.
A.
In the Central Blaine planning area short pedestrian scaled blocks shall be required and the standard block length is established at 400 feet maximum.
B.
In the East Blaine planning area neighborhood blocks shall be designed to create efficient access and vehicle movements and the standard block length is established at 600 feet maximum or through the planned unit development process.
C.
In the West Blaine planning area block lengths shall be established by the Semiahmoo master plan or through the planned unit development process.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.100 Neighborhood pattern.
Residential neighborhood patterns should generally be designed in a grid based on the following guidelines:
A.
No more than 12 single-family lots on one side of a street should be located on one block between intersections;
B.
Residential blocks should generally consist of two rows of lots separated by alleyways;
C.
New streets should be configured with buildable lots on both sides of the street if possible;
D.
Lots that are accessed from the alleyway by vehicle are preferred over lots that have driveways on the public street;
E.
Curvilinear streets are encouraged for arterials and collectors;
F.
Nonmotorized through access is encouraged for cul-de-sac streets;
G.
Street stubs shall be provided where adjacent property has development capacity of four or more units;
H.
Where street stubs exist on adjacent property, the developing property shall connect to those stubs.
(Ord. 2787 § 2 (Exh. A), 2011; Ord. 2872 § 2 (Exh. A-4), 2015)
§ 17.74.110 Irregular lot shapes.
Lots should generally be rectangular in shape. To avoid extreme lot shapes, a circle with the diameter equal to the zoning district minimum lot width must fit fully within all platted lots.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.120 Lot orientation.
All new lots shall be designed to face the primary street frontage. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot. This requirement does not disallow corner lots.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.130 Flag lots.
All lots shall abut upon or have adequate access to a public right-of-way. Lots served by easement or panhandle shall be avoided where feasible and are not the preferred lot or access configuration.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.140 Through lots.
Through lots that abut a public or private street on the front and rear of the property are not the preferred lot or access configurations. If no feasible alternative exists, through lots may be approved provided vehicle access is precluded on one street and that street frontage includes a five-foot landscape buffer and easement. A note to such effect shall be recorded on the face of the plat.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.150 Storm water management.
Typically storm water systems have a significant influence on the plat's final design. For this reason, the following requirements shall apply to ensure proposed systems meet state requirements and their construction is feasible:
A.
Preliminary storm water reports shall be reviewed by the city engineer or a third party city-approved consultant at the expense of the applicant to ensure that appropriate provisions for storm water have been made prior to approval of a preliminary plat or binding site plan.
B.
Developments should locate and design storm water systems based on the following guidelines:
1.
Fenced storm water features should not be located adjacent to public rights-of-way or public places.
2.
Unfenced, open storm water features may be located adjacent to public rights-of-way or public places.
3.
Open storm water features should be designed to appear as a natural feature, unfenced and planted with native vegetation.
4.
In instances where storm water pond fencing is required, it shall be coated with a darkly colored material, with the intent of minimizing the visual impact.
5.
Developments are expected to utilize low impact development techniques where feasible. As an alternative, traditional storm water management techniques may be approved by the public works director. Low impact development techniques are those defined by the Low Impact Development Technical Manual for Puget Sound dated January 2005, or an alternative adopted as part of the Department of Ecology Stormwater Management Manual for Western Washington, current edition.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.160 Trail corridors.
A.
Trail easements shall be provided by any development when such development is located within any trail corridor identified by the comprehensive plan or the nonmotorized transportation plan. The residents or tenants of the development shall be provided access to the trail easement. The area of the trail easement is included in all lot area calculations.
C.
Maintenance of any trail corridor or improvements, retained in private ownership, shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the community development director, provided:
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.170 Parks and open space.
Developments shall provide parks and open space as defined in the comprehensive plan, the park and recreation plan and the nonmotorized transportation plan.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.180 Waiver of requirements.
The review authority may waive one or more requirements of this code section, when in their opinion and with a showing of good cause by the applicant all of the following are met:
A.
The project is excessively burdened with public infrastructure improvements;
B.
The public infrastructure improvements to be waived will not temporarily or permanently degrade public health, safety or wellness.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.190 Completion or performance bond.
In addition to the requirements in BMC § 17.60.260 for preliminary plats, the following shall apply.
A.
Prior to the submission of a final plat for approval, all streets, alleys, utilities, monumentation and other improvements specified in this chapter shall be installed and completed by the owner or developer to the satisfaction of the public works director. Such improvements shall meet the standards specified in this code.
B.
A performance bond or a security satisfactory to and accepted by the city in writing in the amount of 150 percent of the value of the incomplete required improvements may be posted in lieu of installation of such improvements. Such bond or other security shall be based on an estimate prepared by a licensed engineer in the state of Washington, and must be recommended for approval by the public works director and approved by the city council. The performance bond or other security shall specify exactly what improvements are covered and a time schedule for completion. The performance bond or other security may be released upon completion and acceptance of all improvements and the posting of a maintenance bond for two years at 10 percent of the value of the performance bond or other security. Prior to approval and acceptance of the performance bond, the project proponent shall submit a performance bond processing fee to the city as may be set forth in the city's applicable rates and fees schedule.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.200 Warranty of workmanship.
All design, materials and workmanship shall be warranted by the project proponent and their successors in interest for a minimum of two years to be free of defects. Any defects requiring major repair which occur within the two-year warranty period shall be remedied immediately upon notification by the public works department. Repairs shall be made in such a manner as to fully restore the infrastructure to the satisfaction of the public works director. Further, after such repairs, the warranty on any or all construction elements that the public works director deems are still at a potential risk of defect shall be extended for an additional five years and the maintenance bond extended to cover those facilities. The public works director may require the amount of the maintenance bond be increased based on the value of the infrastructure subject to an extended warranty period.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.74.210 Appeals.
Appeals shall be governed by BMC § 17.50.065.
(Ord. 2787 § 2 (Exh. A), 2011)
§ 17.60.010 Purpose.
The procedures regulating preliminary and final plats are established to:
A.
Promote the orderly and efficient division and redivision of land within the city;
B.
Avoid placing undue and unnecessary burdens on both the applicant and the city;
C.
Achieve the goals of the comprehensive plan and Growth Management Act; and
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.020 Scope.
Any land being divided into five or more parcels, lots, tracts or sites for any purpose and any land which has been divided into four or more parcels, lots, or tracts under the short subdivision procedures within five years shall conform to the procedures and requirements of the preliminary and final plat articles of this chapter.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.030 Process.
The subdivision process for preliminary and final plats is governed by the Type II-CC review process, involving five basic steps:
A.
The applicant may contact the city staff on an informal basis to discuss the possibility of subdividing the subject area and to acquaint themselves with any city regulations or policies with which they may not be familiar.
B.
The applicant may then schedule a pre-application conference through the community development services department to obtain feedback on the initial layout of the subdivision and clarify code requirements affecting layout of lots.
C.
The third step is the formal submission and review of the properly prepared preliminary subdivision application through the public hearing and review process.
D.
The fourth step is the resubmittal of the preliminary plat drawing for staff review of compliance with conditions of approval and submittal of civil construction plans, and land disturbance permit application followed by infrastructure construction.
E.
The fifth step is the formal submission and the review of the final plat application.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.100 Submittal requirements.
Applications for preliminary plats shall be submitted to the community development services department consistent with Chapter 17.66 BMC.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.110 Referral to other offices.
A preliminary plat application, that has been deemed complete, shall be circulated by the community development services department to pertinent city departments and public agencies. Each official or agency may file written recommendations with the community development services department. Refer to BMC § 17.50.070.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.60.120 Community development services department action.
A.
The preliminary plat decision is made through the Type II-CC review process. The community development services department shall assemble and transmit to the hearing examiner all pertinent information and departmental recommendations at least seven calendar days before the hearing.
B.
A copy of the material given to the hearing examiner shall be provided to the applicant, a copy shall be provided for public review in the community development services department offices, and a copy shall be made available on the city's website.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.60.130 Hearing examiner action.
A.
The hearing examiner shall hold a duly noticed public hearing pursuant to BMC § 17.06.110. The hearing examiner shall review the preliminary plat, consider the community development services department recommendation, and consider public testimony and exhibits submitted at the public hearing.
B.
After review and consideration of public testimony the hearing examiner shall recommend approval, conditional approval, or denial of the preliminary plat in a public meeting. Such decision may occur on the same date as the public hearing, or it may occur at the next regularly scheduled meeting after the public hearing.
C.
Prior to making a recommendation on the preliminary plat, all applicable conditions of approval deemed necessary to fulfill the purpose of this code shall be specified by the hearing examiner and the hearing examiner shall formulate findings of fact and conclusions of law for consideration with the recommendation.
D.
The hearing examiner's recommendation shall be forwarded to the city council for review during a regularly scheduled meeting not more than 30 days after the adoption of the recommendation.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.60.140 City council action.
A.
Upon receipt of a hearing examiner recommendation the city council shall consider and deliberate on the application in a closed record public meeting. The city council shall approve, conditionally approve, deny or remand the application to the hearing examiner. An action to remand shall include specific direction on issues for the hearing examiner to further evaluate.
B.
A notice of decision shall be processed consistent with BMC § 17.06.120. Written findings shall be included in the notice of decision and shall be retained in the project file at the city.
C.
Prior to any additional processing of development permits for the site, the applicant shall submit a revised preliminary plat that is consistent with all conditions of preliminary plat approval to the community development services department. Approval of a preliminary plat shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, as required, in strict conformance to the approved preliminary plat, design standards, and any special conditions required by the city council, and to prepare a land disturbance permit application.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.60.150 Preliminary plat criteria for approval.
The city council shall make the following findings upon approving a preliminary plat:
A.
The preliminary plat is generally consistent with the goals and policies of the comprehensive plan;
B.
The preliminary plat is consistent with the applicable zoning, critical areas, shoreline, Growth Management Act goals and policies, and State Environmental Policy Act regulations;
D.
That the subdivision and related dedication will serve the public interest, and not be detrimental to the public health, safety and general welfare;
E.
Appropriate provisions are made for, but not limited to, open spaces and drainage ways; roads, streets, alleys and transit stops; potable water supply, sanitary sewer, electricity and franchise utilities; parks and recreation; sidewalks and other pedestrian corridors; and facilities that preserve the quality of the neighborhood;
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.160 Time limitation.
Time limits for a decision on a preliminary plat are as defined in BMC § 17.06.090.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.170 Expiration.
A.
Approval of any preliminary plat shall expire and the preliminary plat shall be considered invalid five years from the date of such preliminary plat approval unless an extension of the approval period is granted by the approving authority pursuant to this section. Upon expiration of preliminary plat approval or any extension granted pursuant to this section, all construction work on the plat shall cease except any work required by the city for the purpose of public safety and/or protection of the environment.
B.
Extensions shall be granted only in one-year increments. However, the approving authority may grant a total of not more than two successive extensions as long as each extension is considered individually.
C.
Upon expiration of preliminary plat approval, or any extension of preliminary plat approval, the applicant shall be required to resubmit for preliminary plat approval notwithstanding any improvements completed under the prior approval.
D.
The timely and proper submittal of a request for extension of a preliminary plat is the responsibility of the applicant.
E.
Requests for extension of preliminary plat approval must be submitted to the community development services department, shall be in writing, shall be presented a minimum of 30 days prior to the plat expiration date and shall set forth any reasons to justify the requested extension.
F.
A properly submitted request for extension will stay the expiration of the preliminary plat until the approving authority's decision on the extension takes place.
G.
Factors to be considered in the determination shall include, but not be limited to:
1.
Evidence of intention on the part of the applicant to complete the plat;
2.
Unusual engineering problems, weather, or factors beyond the applicant's control;
3.
Changes in city construction standards and/or land use regulations that might make additional review on the proposed subdivision advisable;
4.
Changes in conditions on surrounding lands that might make additional review on the proposed subdivision advisable.
H.
If the approving authority determines that it may be desirable to amend the original approval conditions of the preliminary subdivision prior to granting an extension, the approving authority shall hold a duly noticed public hearing on the proposed amendments.
I.
The action of the approving authority to grant or deny an extension shall take place in a regularly scheduled public meeting.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.200 Conformance to approved preliminary plat.
All design and construction of plat improvements shall be in conformance with the approved preliminary plat.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.210 Submittal requirements.
When the applicant believes they have reached 80 percent completion of the plat infrastructure, the engineer of record shall complete a statement demonstrating the project completion status, and the applicant shall then submit a final plat application. Applications for final plats shall be submitted to the community development services department consistent with Chapter 17.66 BMC.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.220 Required improvements.
Each applicant may be required to grade, pave and mark streets and alleys, install curbs and gutters, sidewalks, trails, parks, survey monuments, sanitary and storm sewers, water mains, street lights and street signs, together with all appurtenances thereto, in accordance with the preliminary plat approval and the specifications and standards of this code. Infrastructure shall be approved by the public works department and in accordance with standards of the city.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.230 Design and review of improvements.
All required improvements shall be designed by a licensed engineer and shall be reviewed and approved by the city before any construction is started. Improvement designs shall be submitted for review in plan and profile form showing street lines, sanitary sewers, storm sewers, water lines and any similar improvements drawn to a one inch to 20 feet horizontal scale with any variations to be approved by the public works director or designee.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.240 Permits.
Prior to proceeding with any subdivision improvements, the applicant shall obtain a land disturbance permit and other permits from the city as are necessary. The applicant is also responsible for complying with all applicable permit requirements of other federal, state and local agencies.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.250 Supervision and inspection.
A licensed engineer, unless found to be unacceptable to the public works department, shall be responsible for the supervision and inspection of all subdivision improvements. The engineer shall submit weekly inspection reports to the public works director or designee. Alternatively, the public works director may require inspection to be conducted by a third-party inspection through a city contractor at the expense of the developer. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the public works department.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.260 Deferred improvements.
A.
Written Notice. A final plat shall not be approved by the city council until all required improvements are constructed in a satisfactory manner and approved by the responsible city departments, or sufficient bond in a form acceptable to the city has been satisfactorily posted in lieu of completion. In the event an applicant wishes to defer certain on-site improvements, written notice shall be made to the community development services department.
B.
Bonding. The applicant shall furnish a performance bond to the city in an amount equal to 150 percent of the estimated cost of the deferred improvements. The decision of the public works director, regarding the amount of the performance bond, shall be final and conclusive.
C.
Time Limit. Such bond, to be filed with and held by the city clerk, shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements be completed within one year from the notice of decision of the final plat by the city council. Extensions of this time period may be authorized by the public works director. In the event an extension is authorized, the bond shall be revised to reflect the new completion date.
D.
Check in Lieu of Bond. The applicant may substitute a cashier's check, assignment of funds, or any other method of security acceptable to the city in lieu of a performance bond. Such substitution shall be made payable to the city of Blaine and shall be in the same amount and carry with it the same restrictions as the bond for which it is substituting.
E.
Proceed Against Bond or Other Security. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other security in lieu thereof.
F.
Binding Upon Applicant. The requirement of the posting of any performance bond or other security shall be binding upon the applicant, his heirs, successors and assigns.
(Ord. 2737 § 2 (Att. A), 2009; Ord. 2970 § 1 (Exh. A), 2021)
§ 17.60.270 As-built plans.
As-built plans shall be submitted to the public works department and shall be on reproducible material acceptable to that department. Electronic copies of as-built plans in a format acceptable to the department may be required at the discretion of the public works department. As-built plans are subject to review and acceptance by the public works director or designee.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.280 Community development services' recommendation.
The community development director shall prepare a written recommendation for approval or denial verifying the applicant's completion and/or bonding of the required park, trail, open space, and mitigation requirements in accordance with the provisions of this code and the specifications and standards of the city. The recommendation shall be included in a report to the city council.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.290 Public works' recommendation.
The public works director shall prepare a written recommendation for approval or denial verifying the applicant's completion of the required infrastructure installations and/or bonding in accordance with the provisions of this code and the specifications and standards of the city. The recommendation shall be submitted to community development services for inclusion in the report to the city council.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.300 Review – Referral to other departments and agencies.
The community development services department may distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.310 Review – Departmental approval.
Within 30 calendar days of the date of receipt of a complete final plat application, the public works department shall review the final plat and submit to the community development services department a written report addressing the following conditions:
A.
The facilities and improvements required to be provided by the applicant have been completed or, alternatively, that the applicant has submitted with the proposed final plat a performance bond or other security in conformance with this code;
B.
The plat is technically correct and accurate as certified by the land surveyor responsible for the plat.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.320 Review – Submission to city council.
Within 30 calendar days from the date of receipt of a public works department report and any other pertinent written comments, the community development services department shall forward the proposed final plat, the public works report and written recommendation of the public works director and community development director to the city council. The time limit may be extended if the applicant agrees to an extension.
The final plat decision is made by the city council in a public meeting. No public hearing is required for a final plat.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.340 City council.
The city council shall approve, conditionally approve or disapprove the proposed final plat. If the city council finds that the proposed plat makes appropriate provisions for the public health, safety, general welfare, and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary sewers, parks, playgrounds, sites for schools and school grounds as were required by preliminary plat approval, and that the public use and interest will be served by the platting of such subdivision, then the subdivision shall be approved. If the city council finds that the proposed plat does not make such appropriate provisions or satisfy the conditions of preliminary plat approval, then the subdivision shall be disapproved.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.350 Review – Time limitation.
The city shall issue notice of final decision on a final plat within 120 days after the applicant is notified of a complete application, unless the applicant consents to an extension of such time period, in accordance with RCW 36.70A.065.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.360 Review – Recordation.
Before the final plat is submitted to the mayor for signature, it shall be signed by the finance director, public works director and the community development director. Upon approval by the city council, it shall be signed by the mayor and attested by the city clerk. Recordation shall be consistent with BMC § 17.50.080.
(Ord. 2737 § 2 (Att. A), 2009)
§ 17.60.370 Review – Extension of approval date.
Final approval by the city council of a portion of the final plat will constitute an automatic extension of one year from the notice of decision issuance date for the remainder of the final plat. A total of two extensions for a period of one year may be granted by the city council through subsequent request by the applicant consistent with BMC § 17.60.170.
(Ord. 2737 § 2 (Att. A), 2009)