Chapter 18F.60
BINDING SITE PLAN

Sections:

18F.60.010    Purpose.

18F.60.020    Applicability.

18F.60.030    Binding Site Plan Requirements.

18F.60.040    Alteration or Vacation of a Binding Site Plan.

18F.60.010 Purpose.

The purpose of Chapter 18F.60 PCC is to provide both a method of dividing land for sale or lease into lots classified for commercial or industrial uses in accordance with RCW 58.17.035 and for the development of condominium units pursuant to Chapter 64.34 RCW. This Chapter provides an administrative process that assures predictable and orderly review of Binding Site Plans. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1

(part), 2005)

18F.60.020 Applicability.

Division of any land for sale or lease which is both zoned and classified for commercial, business, office, or industrial development, or which is to be developed as a condominium or a mobile home park shall follow the provisions of this Section to obtain an approved Binding Site Plan in accordance with this and other ordinances of the County.

A.    Binding Site Plan-Commercial and Industrial Land Use. A Binding Site Plan may be utilized for divisions of land in Employment Centers, Urban Centers, Urban Districts and Rural Centers as defined in Title 18A PCC, Development Regulations – Zoning. A Binding Site Plan is limited to the division for the sale or lease of property for Office/Business, Civic, Commercial and Industrial uses as defined in Title 18A PCC, Development Regulations – Zoning. See also PCC 18F.10.060 A.12., exemption for industrially zoned lands.

B.    Binding Site Plan-Residential Condominium. Per RCW 58.17.040(7), a binding site plat shall be utilized for divisions of land into lots or tracts if:

1.    Such division is the result of subjecting a portion of a parcel or tract of land to either Chapters 64.32 or 64.34 RCW subsequent to the recording of a Binding Site Plan for all such land;

2.    The improvements constructed or to be constructed thereon are required by the provisions of the Binding Site Plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest;.

3.    The County has approved the Binding Site Plan for all such land;

4.    Such approved Binding Site Plan is recorded in the County or counties in which such land is located;

5.    The Binding Site Plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this Binding Site Plan, as it may be amended with the approval of the county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This Binding Site Plan shall be binding upon all now or hereafter having any interest in the land described herein." The Binding Site Plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapters 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by the County:

a.    In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or

b.    In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or

c.    If not approved pursuant to (a) and (b) of this subsection, then pursuant to such other procedures, the County may have established for the approval of a Binding Site Plan.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1 (part), 2005)

18F.60.030 Binding Site Plan Requirements.

A.    General Requirements.

1.    Legally existing structures shall not be required to correct existing nonconforming setbacks to meet current regulations as a condition of Binding Site Plan approval.

2.    A Binding Site Plan shall depict building envelopes and all existing and proposed land use(s) as defined in Title 18A, Development Regulations – Zoning for each lot on the face of the Binding Site Plan.

3.    A parking lot plan is required for the Binding Site Plan. The plan shall allocate parking to each lot or condominium unit or specify joint use parking. Proposed lots containing legally existing structures and uses need not meet current parking regulations. Proposed lots without legally existing structures or uses must meet current parking regulations.

4.    Access to each lot or condominium unit within the Binding Site Plan shall be depicted. Existing access to legally existing structures and uses need not meet emergency vehicle access standards. Access to proposed lots and new development without legally established structures or uses shall meet current standards.

5.    Binding site plans shall be reviewed for storm drainage, roads, water supply, existing sanitary sewage disposal, access or easement for vehicles, survey requirements, utilities, and fire protection for any lot, tract, parcel or site and for zoning requirements, previous decisions, accuracy of legal description, ownership, lot dimensions, and improvements on the lots.

6.    A Binding Site Plan cannot amend or conflict with previously granted use permit approvals or conditions of approval.

7.    A binding site shall depict any open space tract, required recreational areas, critical area buffers, and utility easements.

8.    Proposed uses must be as allowed in the underlying zone classification. Should the proposed use require a use permit or Administrative Use Permit, said permit shall be requested and reviewed concurrently or prior to approval of the Binding Site Plan. Binding Site Plan approval does not constitute approval for other required permits.

B.    Director's Authority. The Director has the authority to approve or deny any proposed Binding Site Plan and may impose additional or modified conditions and requirements as necessary to assure that the proposal conforms with the intent of the Pierce County Comprehensive Plan, applicable community plans, and other applicable County codes and state laws.

C.    Required Written Findings and Determinations. The Director's written decision on the Binding Site Plan shall include findings and conclusions, based on the record, to support the decision. A proposed Binding Site Plan shall only be approved if the Director makes written findings that:

1.    The limitations and conditions for the uses depicted on the Binding Site Plan are consistent with the Pierce County Comprehensive Plan, applicable community plans, and County codes and state laws;

2.    Specific use types and conditions shall be binding on the property and shall remain in effect for all future owners of the site unless altered in accordance with PCC 18F.60.040;

3.    The Binding Site Plan does not create a nonconformity or increase any nonconforming feature or intensities of the established uses of the site in accordance with Chapter 18A.70 PCC, Nonconforming Development; and

4.    The criteria contained in PCC 18F.60.030 A. have been met.

D.    Approval. The Director may approve, or approve with conditions, the proposed Binding Site Plan if the general requirements contained in this Title have been met.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1 (part), 2005)

18F.60.040 Alteration or Vacation of a Binding Site Plan.

A.    General Requirements.

1.    Any change, other than those authorized by an affidavit of correction or scrivener's rules, to a recorded Binding Site Plan constitutes an alteration.

2.    The application for alteration shall be requested by all parties having ownership interest in the affected lots or condominium units within the Binding Site Plan.

3.    In the case of a proposed vacation of a Binding Site Plan, the justification for the vacation of affected lots or condominium units shall be provided by the petitioner. The petitioner must demonstrate that property within or adjacent to the boundaries of the Binding Site Plan will not be adversely impacted and the vacation will not have an adverse impact on the provision of utilities in the area. Additionally, the vacation shall not result in a conflict with the Comprehensive Plan, applicable community plan, or Development Regulations.

4.    Legally existing structures and uses shall not be required to correct existing nonconforming features to meet current regulations as a condition of approval of a Binding Site Plan alteration or vacation.

5.    Additional lots cannot be created through a Binding Site Plan alteration.

B.    Director's Authority. The Director has the authority to approve or deny any proposed Binding Site Plan alteration or vacation and may impose additional or modified conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plan and other applicable County codes and state laws.

C.    Required Written Findings and Determinations. The Director's written decision on the Binding Site Plan alteration or vacation shall include findings and conclusions, based on the record, to support the decision. A proposed Binding Site Plan alteration shall not be approved unless the Director makes written findings that:

1.    The alteration conforms to the requirements and provisions of this Chapter;

2.    The alteration conforms to the goals and policies of the Comprehensive Plan and applicable community plan;

3.    The public use and interest will be served as a result of the proposed alteration;

D.    Approval. The Director may approve, or approve with conditions, the proposed Binding Site Plan alteration/vacation if the criteria contained in this Section have been met.

(Ord. 2005-11s2 § 1 (part), 2005)