Chapter 17.34
BINDING SITE PLANS
Sections:
17.34.010 Authority.
17.34.020 Purpose.
17.34.030 Approval.
17.34.040 Requirements.
17.34.050 Recording.
17.34.060 Revisions to binding site plan.
17.34.070 Violation.
17.34.010 Authority.
This chapter establishes a binding site plan process, pursuant to RCW 58.17.035, as an alternative method to divide commercially or industrially zoned property and manufactured/mobile home or travel trailer parks, and creates a mechanism to administratively review and approve related site improvements for concurrent or phased development. Binding site plan applications are subject to public notice requirements defined in Chapter 21.40 MMC. Lots or tracts created through a binding site plan are legal. (Ord. 008/2009 § 2 (Exh. A))
17.34.020 Purpose.
A. Land Division.
1. Division of land, for sale or lease, into lots or tracts zoned for commercial or industrial use; and
2. Division of land, for lease, when no residential structures other than manufactured/mobile homes or travel trailers are to be placed upon the land.
B. Concurrent or Phased Development.
1. Binding site plans for the subdivision of developed sites may be reviewed independently of a site development permit application or a building permit application;
2. Site development permit applications or building permit applications may be reviewed concurrently with a binding site plan for the subdivision of undeveloped land; and
3. Binding site plans for phased development may be reviewed independently from a proposed binding site plan subdivision, to approve the locations of future site improvements, subject to the requirements described in MMC 17.34.040(G). (Ord. 008/2009 § 2 (Exh. A))
17.34.030 Approval.
A. Binding site plans require public notice per MMC 21.50.020 and require a notice of development application and notice of decision as defined in Chapter 21.40 MMC.
B. The community development director will issue written findings that approve, approve with conditions, or deny binding site plans and concurrent development permits.
1. The director will grant preliminary approval when the proposed binding site plan meets all requirements and standards. The preliminary approval becomes effective at the end of the appeal period for two years.
2. If an applicant proposes a binding site plan to subdivide ten or more lots, a public hearing is required pursuant to MMC 21.50.060. In such cases, the hearing examiner will issue the preliminary decision.
3. Following preliminary approval, the proponent must submit construction drawings for review and approval by the city of Monroe. The proponent must complete all of the requirements in MMC 17.32.100 within two years, unless the applicant submits a written request for an extension to the director at least thirty days prior to the expiration of the original two-year period, and the director approves the same. The director may grant an extension(s) for up to one additional year.
4. After review of the final binding site plan application and survey, the director will grant final approval of the binding site plan after the proponent completes or financially secures required improvements as approved in the preliminary binding site plan.
C. When an applicant seeks a concurrent land use approval for a quasi-judicial or legislative action per MMC 21.50.130, the highest decision-maker will issue written findings that approve, approve with conditions, or deny the preliminary binding site plans and concurrent development permits. For example, if a binding site plan is combined with a conditional use permit, the hearing examiner will issue a decision on the preliminary binding site plan. (Ord. 008/2009 § 2 (Exh. A))
17.34.040 Requirements.
A. Binding site plan applications, submittal, review, and processing requirements must conform to the standards set forth in Chapter 17.32 MMC.
B. Binding site plans and concurrent building permits or other land use/development permits must comply with applicable municipal code provisions, public works standards, building codes, and performance standards in effect at the time of application, including but not limited to building setbacks, critical areas, easements, landscaping, lighting, lot coverage, parking, stormwater drainage, streets, and utilities. Proposed binding site plans must clearly depict all planned improvements.
C. Binding site plans are subject to environmental review in accordance with Chapter 20.04 MMC, when the proposed development meets or exceeds flexible thresholds.
D. The aggregate lots within a binding site plan constitute a common development site subject to all density, use, and dimensional standards of the zone in which it is located; as such, the common development must function internally as a whole and may share common required features such as access points, open spaces, parking, signage subject to an approved master sign site plan, stormwater systems, and other proposed improvements allowed under the city’s municipal code and public works standards. An applicant can propose to modify the bulk and dimensional standards for individual lots created by the binding site plan in relation to other lots within the area of common development when:
1. The common development site meets cumulative lot coverage and open space standards of the zone for all combined lots as shown on the site plan;
2. The common development meets cumulative parking requirements for all proposed uses for all combined lots; provided, that through a shared parking agreement or other mechanisms every proposed use in the proposed development meets applicable parking standards; and
3. The proposed structure locations are consistent with all applicable building and fire codes; interior setback requirements may be modified on individual lots.
E. The binding site plan shall clearly identify the conditions of use, maintenance, and restrictions on redevelopment for all shared features by covenant, easement, or other similar mechanism. An owner’s association or other legal entity, with equal and undivided ownership interest in the common features, shall be responsible for the enforcement of conditions and maintenance of common features. The owner’s association or other legal entity will remain the owner, unless the association revises the binding site plan, in accordance with this chapter.
F. All binding site plans shall include the following note:
Subsequent development of the site shall be in conformance with the recorded binding site plan. 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 or tract created and/or developed pursuant to the binding site plan.
G. A binding site plan defines the location and size of future buildings, setbacks, parking areas, roads, stormwater detention, and other proposed site improvements. Properties subject to a binding site plan may propose phased development, for portions of the project, when the proposed phasing will not adversely affect the public health, safety, or welfare. The phased development proposal must comply with applicable bulk standards including, but not limited to, setbacks, lot coverage, building height, access, parking, and landscaping in effect at the time of initial application, unless modified under subsection (D) of this section.
1. The approval of a binding site plan for phased development does not vest future building permit applications or engineering permits (not approved as part of the initial application). These future applications must comply with the standards in effect at the time of application.
2. The approval of a binding site plan for phased development does not vest the use of the property. (Ord. 008/2009 § 2 (Exh. A))
17.34.050 Recording.
Following final approval, the applicant shall record the approved binding site plan with the Snohomish County auditor within ninety days and shall return a full-sized conforming copy of the recorded binding site plan and a reduced copy at eight and one-half inches by eleven inches of the binding site plan, containing a county registration number, to the community development department. In addition, the applicant must submit an electronic copy of the binding site plan in a format approved by the city upon final approval. (Ord. 008/2009 § 2 (Exh. A))
17.34.060 Revisions to binding site plan.
A. A revision to the binding site plan is required whenever the owner proposes changes to the design, terms, or conditions of the approved binding site plan. The proponent must submit detailed plans describing the proposed changes to the community development department for review, to determine if the revision is substantive or not. Changes are substantive when the changes materially alter the binding site plan’s conformance with the terms and conditions of approval. If the revision is substantial, the proposal shall follow the same procedures required for acquiring a binding site plan, as set forth in this chapter.
B. Vacation of a recorded binding site plan will follow the same procedures required for acquiring a binding site plan, as set forth in this chapter. If the applicant or successor proposes to vacate a portion of a binding site plan, the property subject to the vacation shall constitute one lot, and the balance of the approved binding site plan shall remain as approved. (Ord. 008/2009 § 2 (Exh. A))
17.34.070 Violation.
Compliance with the requirements of this code shall be mandatory. The general penalties and remedies established in Chapter 1.04 MMC for such violations shall apply to any violation of this code. The enforcement actions authorized under this code shall be supplemental to those general penalties and remedies of Chapter 1.04 MMC. (Ord. 008/2009 § 2 (Exh. A))