Chapter 17.24
BINDING SITE PLANS
Sections:
17.24.010 Purpose.
17.24.020 Approval process.
17.24.030 Application submission requirements.
17.24.040 Certification of site plan compliance.
17.24.050 Vacation or alteration of approved binding site plan.
17.24.010 Purpose.
The purpose of the binding site plan process is to provide an alternative to the standard subdivision process for specific types of development. The binding site plan shall only be applied for the purpose of dividing land for:
A. Sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);
B. Mixed use development; and
C. Condominiums as provided in either Chapter 64.32 or 64.34 RCW, consistent with RCW 58.17.040(7). (Ord. 6239 § 1, 2009.)
17.24.020 Approval process.
A. Approval Process. An application for a binding site plan review shall be processed by means of a Type II procedure in ACC Title 14 and pursuant to applicable sections of ACC Title 18, Zoning, using approval criteria in subsection B of this section.
B. Preliminary Binding Site Plan Approval. The planning director or designee shall have the authority to review and approve, deny or approve with conditions a proposed binding site plan for the purposes of land division as described in ACC 17.24.010. To grant preliminary approval for a binding site plan application, the planning director or designee, with concurrence from the city engineer for public facilities, must determine that the binding site plan is in accordance with the following:
1. Applicable standards of ACC Titles 12 (Streets, Sidewalks and Public Works), 13 (Water, Sewer and Public Utilities), 15 (Buildings and Construction), 16 (Environment), 18 (Zoning) and 19 (Impact Fees) and the applicable plan policies of the comprehensive plan outlined by staff as being applicable to the proposed development;
2. Technical standards contained in Chapter 17.14 ACC (Improvement Requirements – Subdivisions); and
3. Required mitigation measures imposed as a part of the SEPA review process, if applicable.
C. The city engineer shall approve the design and construction of all public water, sanitary sewer, storm drainage and streets or any other feature of a binding site plan that involves private storm drainage or that lies within an area of special flood hazard. This approval shall be obtained prior to the granting of final binding site plan pursuant to the provisions of ACC 17.24.040 and shall occur in accordance with the city’s specified engineering approval procedures.
D. All development shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document shall reference the requirement for compliance with any existing or subsequent permit approval.
E. Final approval must be acquired within five years of preliminary approval, after which time the preliminary binding site plan approval is void. The planning director may grant an extension for one year if the applicant has diligently pursued submittal of the final binding site plan within the five-year time period; provided, however, the applicant must file a written request with the original decision maker requesting the extension at least 30 days before expiration of the five-year period. (Ord. 6239 § 1, 2009.)
17.24.030 Application submission requirements.
A. Submission Requirements. Whenever an applicant desires to create legal lots by means of a binding site plan pursuant to this chapter in conjunction with a new development or existing development, the applicant shall comply with the requirements of this chapter and shall submit the following in addition to all other information specified in the binding site plan application checklist:
1. Application materials in accordance with ACC 17.02.065.
2. A neighborhood circulation plan meeting the requirements of Chapter 17.16 ACC.
3. Plans. The applicant shall provide the following plan information:
a. Existing Conditions Plan. An existing conditions plan that provides information, including but not limited to: land uses and land development within the vicinity, project site detail, and location, names, details relating to existing and proposed structures, existing and proposed infrastructure, and other details as required by the binding site plan application.
b. Binding Site Plan. The proposed binding site plan and details as noted in the binding site plan application checklist.
c. Narrative. A comprehensive narrative addressing how the development complies with the technical standards in Chapter 17.14 ACC (Improvement Requirements – Subdivisions), applicable standards of ACC Titles 12 (Streets, Sidewalks and Public Works), 13 (Water, Sewers and Public Utilities), 15 (Buildings and Construction), 16 (Environment), 18 (Zoning) and 19 (Impact Fees) and the applicable plan policies of the comprehensive plan outlined by staff as being applicable to the proposed development.
d. Conceptual utility/site grading plan and/or methodology prepared in accordance with the city’s comprehensive plans, standards or ordinance requirements inclusive of adequate horizontal and vertical information to ensure that utilities can be constructed consistent with the binding site plan layout and the location of other utilities other than those provided by the city.
e. Conceptual transportation site plan for streets, pedestrian, and bike facilities inclusive of adequate horizontal and vertical information to ensure the transportation facilities can be constructed consistent with the binding site plan layout.
f. Title report, with liability for errors not to exceed the assessed value of the lots on the date of application. The title report shall be issued no more than 30 days prior to the application date. (Ord. 6239 § 1, 2009.)
17.24.040 Certification of site plan compliance.
A. Certification Process. Any binding site plan approved under the provisions of ACC 17.24.020 shall be certified to comply with the requirements of this chapter by the director or designee. Certification shall consist of the signatures of the planning director and city engineer and other city department representatives and representatives of outside agencies as deemed appropriate by the planning director, and recording with the appropriate county office with a record of survey. The survey document shall include all required notes pertaining to development of the properties and a statement legally binding all current and future owners to comply with the conditions of approval. These may be provided as separate documents.
B. Revocation of Certification. Certification may not be revoked unless the director finds that the plan, use or development project would violate the requirements of the Auburn City Code or the Revised Code of Washington.
C. Criteria for Creation of Lots, Parcels or Tracts. Lots, parcels or tracts created through the binding site plan process shall be considered legal lots of record. The number of lots, tracts, parcels, sites or divisions shall not exceed the maximum number allowed by the applicable zoning district designation and other applicable regulations of ACC Title 18 (Zoning).
D. Legally Responsible Party. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan. (Ord. 6239 § 1, 2009.)
17.24.050 Vacation or alteration of approved binding site plan.
A. Alteration or Vacation. A binding site plan may be altered or vacated if requested, in writing, by all owners of the properties directly affected. An application shall be submitted on a form prescribed by the director or designee. In the instance of a revision the applicant shall submit all of the materials required for preliminary binding site plan review. In the instance of a vacation the burden of proof for justifying the vacation of the binding site plan shall be on the applicant. The applicant must prove that no property, either within the boundaries of the property to which the binding site plan is applied or adjacent property, will be adversely impacted; the vacation will not have an adverse impact on the provision of utilities in the area; and no open spaces or recreational facilities will be adversely affected by the vacation.
B. Procedure for Alteration or Vacation. The decision on an alteration or vacation of a binding site plan shall be required to go through the same procedures as an original application, including notification and preparation of staff reports. The appeal procedures for binding site plan approval shall also be applicable to a requested alteration or vacation. (Ord. 6239 § 1, 2009.)