HOUSE BILL REPORT

SHB 116

BYHouse Committee on Local Government (originally sponsored by Representatives Nutley, Allen, Haugen, May, Ferguson, Bristow, Rayburn and Brough)

Modifying procedures for administrative approval of plats.

House Committe on Local Government

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (11)

     Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Ferguson, Madsen, Nealey, Nelson, Nutley Rayburn, L. Smith and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE MARCH 12, 1987

BACKGROUND:

Every division of property for purposes of sale, lease, or transfer of ownership, where the smallest lot is less than five acres, must be reviewed and approved by the county, city or town within which it is located.  A county, city, or town may increase the size of the smallest lot to be created by a division of property that is subject to its review and approval or rejection.

A county, city or town may adopt an ordinance subjecting proposed divisions of property to a binding site plan procedure in lieu of the subdivision or short subdivision procedure, if the division is for any or all of the following purposes: (1) sale or lease for industrial or commercial uses;  (2) lease for placing mobile homes or travel trailers; or (3) condominiums.

Boundary line adjustments, within a subdivision or short subdivision, are exempt from the subdivision or short subdivision procedures.

SUMMARY:

The binding site plan procedure, that is an option for approving divisions of property under certain circumstances, is more fully described.

A binding site plan may provide for administrative approval of the proposal in lieu of a public hearing process.  The number of lots created under a binding site plan process may not exceed the number of lots allowed by applicable zoning ordinances.

This optional procedure for industrial or commercial divisions is only allowed on land that is zoned for industrial or commercial users, and shall provide that after approval of the general binding site plan, the approval of improvements and finalization of specific individual lots shall be done by administrative approval.

A boundary line adjustment between platted or unplatted lots, or both, is exempt from the subdivision and short subdivision process.

EFFECT OF SENATE AMENDMENT(S):  (1)  It is clarified that the county or city, instead of the governing body of the county or city, may approve a binding site plan.  (2)  Ordinances requiring a short subdivision to be surveyed may permit approval of the short plat, before commencement of the survey, when the short plat is contingent upon completion of the survey.  (3)  If a discrepancy in boundary lines is revealed in the survey of a subdivision or short subdivision, the final approval of the plat or short plat shall not be given until the discrepancy has been rectified and the title quieted.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Jim Williams, Washington Association of Counties.

House Committee - Testified Against: Don Chance, Seattle Master Builders; and Steve Hyer, Washington Association of Realtors.

House Committee - Testimony For:     This clarifies the binding site plan procedure.  Existing laws are not complied with uniformly.  This allows a boundary line adjustment to take land into or out of a subdivision or short subdivision.

House Committee - Testimony Against: It is redundant to say that a division of land under a binding site procedure must comply with zoning requirements.

VOTE ON FINAL PASSAGE:

     Yeas 89; Nays 0; Absent 5; Excused 4

Absent:    Representatives Basich, Doty, Holland, Meyers and Todd

Excused:   Representatives Braddock, Hankins, Nealey and Schoon