Chapter 19.28
BINDING SITE PLAN
Sections:
19.28.020 Applicability of provisions.
19.28.030 Binding site plan components.
19.28.040 Application requirements.
19.28.050 Administrative review.
19.28.070 Planning commission public hearing.
19.28.080 City council closed record hearing.
19.28.090 Survey and plat standards.
19.28.010 Purpose.
The purpose of a binding site plan is to provide an alternative method of land division as provided for in RCW 58.17.035 for the sale or lease of commercial and industrial properties and condominiums. A binding site plan includes a survey together with a developer agreement. (Ord. 2158 § 1 (part), 2005).
19.28.020 Applicability of provisions.
This chapter applies to the following:
A. The sale or lease of property in the commercial, industrial or port master program zone classifications;
B. Condominiums authorized under Chapter 64.34 RCW and where allowed in the zoning code; and
C. Manufactured home parks where allowed in the zoning code. (Ord. 2158 § 1 (part), 2005).
19.28.030 Binding site plan components.
A. A binding site plan means a record of survey and a developer agreement. A developer agreement includes a written narrative together with a scaled drawing (commonly known as a site plan) which together address the development details required by this chapter.
B. The developer agreement shall incorporate the requirements of the planning commission, after consideration of the comments received during the public hearing on the binding site plan.
C. The developer agreement requires the notarized signature of the developer, the director and city engineer. (Ord. 2158 § 1 (part), 2005).
19.28.040 Application requirements.
A. Preapplication Meeting. Before making an application for a binding site plan, the applicant may arrange to have the proposal reviewed informally by submitting a preapplication request form to the community development department. The proposal should include the information required for submission of a binding site plan. Upon receipt of a properly prepared request, community development shall notify the applicant of the time and place of the preapplication conference.
B. Application Contents. An application for a binding site plan shall include a written narrative and a scaled drawing which together address the following:
1. The information listed in Chapter 19.55 CMC, Table of Required Information;
2. A general application form, completed and signed by all property owners;
3. The purpose for which the property and/or buildings will be used;
4. Schedule for completion of improvements;
5. Surety provisions for future improvements;
6. Off-street parking plans;
7. Landscaping plans;
8. Dimensional information where applicable for lots, buildings, fences, etc.;
9. Maintenance plans; and
10. Application fees, including the SEPA environmental checklist fee when applicable. (Ord. 2158 § 1 (part), 2005).
19.28.050 Administrative review.
A. Review Procedure. Binding site plan applications including developer agreements shall be reviewed by the director prior to the open record public hearing before the planning commission. The director, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the binding site plan application, shall distribute copies to the affected agencies for review and comment.
B. Design and Development Requirements. Design and development standards of this title will be used as a basis for the design and development of the binding site plan. Certain standards may be modified or deleted where appropriate to address the concept of the development while still meeting the intent of this chapter. To the greatest extent possible, design and development standards will be addressed in the developer agreement and record of survey. When phasing is involved, specific issues related to future development within the binding site plan shall be reviewed and approved as part of the overall development prior to issuance of any construction, right-of-way, sign or any other permit for the initial phase.
C. Staff Report and Recommendation. Based on the information provided by the applicant for the binding site plan and the technical and design analysis of the binding site plan provided by affected agencies, the director shall compile a staff report and recommendations to be presented to the planning commission prior to the open record public hearing on the binding site plan. (Ord. 2158 § 1 (part), 2005).
19.28.060 Hearing notice.
A. Community development shall set the date and time for a public hearing before the planning commission.
B. The costs of publishing the hearing notice and/or notice of application, generating mailing labels and mailing of notices shall be provided for by the applicant.
C. The notice of the public hearing, stating the time, place and purpose for which the hearing is held shall be published not less than fifteen days prior to the hearing, in a newspaper of general circulation within the city. The notice of public hearing shall also be mailed by the city at least fifteen days prior to the date of the hearing, to the owners of all properties located within two hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. Notice shall also be given to the Washington State Department of Transportation in accordance with RCW 58.17.080, as it now exists or is hereafter amended when the proposal is located adjacent to the right-of-way of a U.S. (federal) highway.
D. All hearing notices shall include a copy of the preliminary plan and a description of the location of the proposal. The description may be in the form of either a vicinity location sketch or written description other than a legal description. (Ord. 2158 § 1 (part), 2005).
19.28.070 Planning commission public hearing.
An open record public hearing shall be held in compliance with Chapter 2.16 CMC before the planning commission on the binding site plan and developer agreement. The planning commission shall consider the staff report and other agency reports, public testimony and all other relevant facts before developing and making a recommendation to the city council for approval, approval with conditions or disapproval of the binding site plan and developer agreement. (Ord. 2158 § 1 (part), 2005).
19.28.080 City council closed record hearing.
The city council, upon receipt of a recommendation on any binding site plan, shall at its next public meeting set the date for a closed record hearing to consider the matter in accordance with the procedures and standards for conducting a closed record hearing. A record of the closed record public hearing shall be kept by the city and shall be open to public inspection. (Ord. 2158 § 1 (part), 2005).
19.28.090 Survey and plat standards.
Surveys and monumentation must be in conformance with Chapter 19.55 CMC, Table of Required Information, RCW Title 58 and all other applicable state standards. (Ord. 2158 § 1 (part), 2005).
19.28.100 Recording.
A. The survey and approved developer agreement shall become effective only upon recording with the Lewis County auditor. The lots, parcels or tracts created through this procedure are legal lots of record. The face of the survey and the developer agreement shall indicate that the documents are dependent upon one another and together constitute the binding site plan. Two mylar bases and the required recording fee shall be furnished to the city of Centralia. The director shall then forward one mylar base to the city engineer. One mylar shall be recorded with the Lewis County auditor by the director within five days after the date the last required signature has been obtained.
B. Within seven days of recording, the developer shall provide one eleven-inch-by-seventeen-inch paper copy of the recorded mylar to community development. No building permits will be issued until the copy of the recorded plan has been provided to community development. The fees for this copy shall be paid by the developer in addition to all other recording fees. (Ord. 2158 § 1 (part), 2005).
19.28.110 Amendment.
The recorded binding site plan may be amended at the city’s discretion. Amendments to a binding site plan shall be processed pursuant to this title and must be recorded. (Ord. 2158 § 1 (part), 2005).
19.28.120 Vacation.
The planning commission may authorize the vacation of a recorded binding site plan after approval of a new binding site plan. (Ord. 2158 § 1 (part), 2005).