Chapter 24.14
BINDING SITE PLAN PROCEDURE
Sections:
24.14.020 Overview of procedures.
24.14.030 Preliminary site plan procedures.
24.14.040 Application for binding site plan approval.
24.14.050 Content of binding site plan.
24.14.060 Review procedures for large properties.
24.14.070 Review procedures for small properties.
24.14.080 Requirements for design and bonding of improvements.
24.14.090 Commercial and industrial subdivisions and binding site plan.
24.14.010 Purpose and scope.
The purpose of this chapter is to establish procedures for public review of the division of commercial and industrial land which are less cumbersome and more flexible than traditional subdivision and short subdivision procedures, while fulfilling the purpose of this code as set forth in this title. This chapter shall apply to every division of commercially or industrially zoned land into two or more parcels for the purposes of sale, lease, or other transfer of ownership, except for those land divisions exempted in this title, and except when the land is to be platted. [Ord. 47-94].
24.14.015 Definitions.
A. Administrator. The city manager or his designee shall be responsible for the administration and enforcement of this code. [Ord. 47-94].
24.14.020 Overview of procedures.
The general procedures for processing a binding site plan shall consist of the following steps:
A. Preparation and submittal of a preliminary site plan (optional) for review by affected city departments and other appropriate agencies;
B. Submittal of an application for binding site plan processing:
1. For a lot containing less than 200,000 square feet in surface area, administrative review and action on the binding site plan;
2. For a lot containing 200,000 square feet or more in surface area, review and recommendation by the technical advisory committee and review and action by the hearing examiner;
C. Approval by the city engineer of appropriate engineering design plans for streets and other public improvements and either construction of improvements or provision of bonding or other legally sufficient assurance of improvement as required;
D. Approval of the binding site plan by the administrator; and
E. Recording of binding site plan with the Benton County auditor. [Ord. 47-94; Ord. 2022-24 § 1].
24.14.030 Preliminary site plan procedures.
A. Preliminary Site Plan Procedures – Optional. It is the applicant’s option whether or not to apply for preliminary site plan review. Preliminary site plans should be filed for properties that have not been previously divided under the binding site plan procedure or for properties for which additional dedications, easements, covenants, or other restrictions may be required. The preliminary site plan procedure is intended to assist applicants in understanding code provisions and to inform them of any dedications, easements, covenants, or other restrictions that may be required on the binding site plan. Being so informed, applicants may be able to avoid revisions to the binding site plan and delays in division of property.
Properties for which a binding site plan has already been filed and for which few, if any, additional requirements will be imposed on the binding site plan may, but need not, apply for preliminary site plan review.
B. Request for Review.
1. A letter requesting a preliminary binding site plan review and meeting shall be filed with the administrator at least 15 days prior to the binding site plan file deadline for properties containing more than 200,000 square feet of surface area. Fifteen copies of the preliminary site plan shall be submitted with the letter of request.
2. A letter requesting a preliminary binding site plan review by the administrator for properties containing less than 200,000 square feet shall be filed at least 10 working days prior to a request for review under RMC 24.14.070, Review procedures for small properties. Fifteen copies of the preliminary site plan shall be submitted with the letter of request.
C. Contents of Preliminary Site Plan. The preliminary site plan shall be a sketch drawing which shall contain sufficient information to describe:
1. The location and boundaries of the property to be divided;
2. The general outline of the property division desired;
3. The locations of existing streets and other rights-of-way;
4. The desired location of driveway accesses onto public thoroughfares and the desired location and pattern of circulation corridors for the entire parcel to be divided; and
5. The general location, arrangement, and size of existing and proposed buildings, yards, outdoor sales areas, and parking areas.
D. Referral. The administrator shall, within three working days of the date that the request for preliminary site plan review is received, transmit to the following departments and divisions at least one copy of the map:
1. Engineering division;
2. Water and waste utilities subdepartment;
3. Electrical engineering;
4. Planning division;
5. Fire and emergency services department;
6. Building safety and inspection division; and
7. Energy resources division.
E. Response from Affected Departments. Each affected department/division shall provide a written response to the administrator outlining comments or recommended modifications to the preliminary site plan or indicating that no comments or recommendations are forthcoming. Such written response shall be delivered to the administrator either prior to or at the preliminary site plan meeting.
F. Preliminary Site Plan Meeting. At the time of referral to other departments, the administrator shall schedule a preliminary site plan meeting to be attended by the departments receiving the preliminary site plan. Such meeting shall be held not less than three or more than five working days from the date of preliminary site plan referral. The written recommendations of the various departments for revision of the preliminary site plan or inscriptions that will be required on the binding site plan should be discussed at such meeting and if modifications to the preliminary site plan are agreed to at the meeting, the administrator shall act on it as modified. A written summary of the meeting shall be prepared by the administrator.
G. Findings and Action by the Administrator. Following the aforesaid site plan meeting, the administrator shall evaluate the preliminary site plan according to the following criteria:
1. Appropriateness of the locations and dimensions of driveway accesses to public thoroughfares, and interior circulation corridors as evaluated against design criteria and appropriate city regulations;
2. Conformance of the circulation patterns shown on the preliminary site plan with thoroughfare plans and circulation patterns established or proposed for the area in which the binding site plan is proposed;
3. Conformance with planned or existing utilities and storm drainage; and
4. General compatibility with planned and existing land uses in the surrounding area.
After evaluating the preliminary site plan against the above criteria, the administrator shall prepare a recommendation for any modifications required by the preliminary site plan and inscriptions (easements, dedications, covenants, etc.) that will be required on the binding site plan.
H. Notification to Applicant and Further Action. The administrator shall formally notify the applicant by letter as to the findings and recommendations of the preliminary site plan meeting within three working days from the date of the meeting. Copies of the written recommendations and comments from the departments and the preliminary site plan meeting summary will be attached to this letter to provide the applicant with a complete record. The letter shall also indicate filing deadlines, fees, procedural steps, and the anticipated schedule for processing a binding site plan application. A copy of the letter, including attachments, shall be forwarded to all affected departments or agencies that have reviewed the preliminary site plan. [Ord. 47-94].
24.14.040 Application for binding site plan approval.
Prior to the division of commercial or industrial land, a binding site plan application shall be filed. If the property to be divided is 200,000 square feet or more in surface area, application for binding site plan approval shall be filed with the administrator at least 30 calendar days prior to the hearing examiner meeting at which the application is to be considered. The application shall include:
A. A completed application form;
B. Fifteen copies of the binding site plan prepared by a registered professional land surveyor and one set of letter size (eight and one-half inches by 11 inches) or legal size (eight and one-half inches by 14 inches) reductions of the binding site plan;
C. For properties containing over 200,000 square feet in surface area, a report from a title insurance company showing:
1. Ownership of the property involved;
2. Easements, exceptions and restrictions of record;
3. A list of names and addresses of owners of property within 300 feet of the property involved, exclusive of the public rights-of-way and other property owned by the applicant; and
4. A key map showing the property involved and delineating the adjacent property exclusive of the public rights-of-way with each parcel that is shown numbered to correspond with the ownership report.
D. For properties containing less than 200,000 square feet in surface area, a report from a title insurance company showing:
1. Ownership of the property involved; and
2. Easements, exceptions, and restrictions of record.
E. Application fee as required by RMC 19.80.020. [Ord. 47-94; Ord. 13-96; Ord. 2022-24 § 2].
24.14.050 Content of binding site plan.
The binding site plan shall consist of a cover sheet, if necessary, containing approvals, conditions, certificates, and inscriptions; and a scaled drawing(s) representing the parcel to be divided. The cover sheet is necessary only if the binding site plan contains more than one sheet. All sheets shall be drawn in permanent black ink on sheets of stabilized drafting film measuring 24 by 36 inches, and with a two-inch margin on the left edge and a one-inch margin on all other edges. The drawing shall be drawn at an appropriate decimal scale such that it is not cramped or illegible. The cover sheet and drawing shall contain the following:
A. Content of Cover Sheet. The cover sheet shall contain the following information and inscriptions:
1. At the top of the sheet, the title “Binding Site Plan No. (number) of (year)” followed by the name of the proposed binding site plan. If the land to be divided is a portion of a larger property for which a binding site plan has previously been recorded, the name shall be “a portion of....” followed by the name of previously recorded binding site plan;
2. Sufficient data to readily determine and reproduce on the ground the bearing and length of every line described below, for which an exact location is known, with all dimensions shown to the nearest one hundredth of a foot, curves described by length of arc, radius, and central angle, with all angles and bearings shown in degrees, minutes, and seconds;
3. Location by section, township, and range to the nearest quarter section;
4. Legal descriptions of all the lots, parcels, or tracts of land within the boundaries of the parcel as they are proposed to be divided at the time of binding site plan approval application; and
5. Inscriptions setting forth appropriate limitations and conditions for use of the land; and
6. Certificates, dedications, and approvals substantially in conformance with Plate No. 2 of this reference made a part of this code and set forth at the end of this chapter and any other certificates and approvals required by the administrative official.
B. Content of Binding Site Plan Drawing(s). The binding site plan drawing(s) shall contain the following information:
1. At the top of the sheet, the title and name of the binding site plan as provided in subsection (A)(1) of this section;
2. Location by section, township, and range to the nearest quarter section;
3. Scale of drawing, date, and north arrow;
4. Existing topography of the land indicated by contour lines at two-foot intervals or less;
5. The boundary line of the binding site plan which contains the entire parcel which is to be divided, and the line of all existing buildings, streets, roads, rights-of-way, easements, lots, blocks, tracts, etc., within or adjacent to the property to be divided;
6. The locations of all proposed streets, roads, rights-of-way, easements, etc.;
7. The lines of the lot divisions proposed at the time of binding site plan application;
8. The exact location, width, and name or purpose of existing and proposed streets, roads, alleys, walks, utility, access control, or other easements, driveway accesses onto public streets, open spaces, etc., except that where exact locations and dimensions are not known at the time of binding site plan application, general locations shall be shown and appropriate limitations and conditions shall be referenced to and contained within inscriptions on the binding site plan cover sheet;
9. Preliminary engineering plans including but not limited to water, sewer, power, street lighting, roads, storm drainage and sidewalks;
10. Sufficient data to readily determine and reproduce on the ground the bearing and length of every line described above, for which an exact location is known, with all dimensions shown to the nearest one hundredth of a foot, with curves described by length of arc, radius, and central angle, with all angles and bearings shown in degrees, minutes and seconds; and
11. The location of all streams, ponds, wetlands, or other bodies of water, prominent topographic features, sensitive areas, or other significant natural features on the site which affect or might be affected by the division or development of the land. [Ord. 47-94; Ord. 23-03].
24.14.060 Review procedures for large properties.
For properties containing 200,000 square feet or more in surface area, the following procedures shall apply:
A. Referral to Technical Advisory Committee and Other Involved Agencies. The administrator, within three working days of binding site plan application, shall transmit a copy of the binding site plan to each member of the technical advisory committee and to all other agencies required by this code. The transmittal of the binding site plan shall be under cover of a letter or memorandum scheduling a meeting of the technical advisory committee and shall stipulate the time and place of such meeting.
B. Written Response from the Technical Advisory Committee Member and Other Agencies Required. Written comments, recommendations, or requirements from the technical advisory committee members, or other involved agencies, shall be delivered to the administrator either prior to or at the technical advisory committee. Failure to provide such written response to the administrator shall constitute an assumption that the proposed binding site plan is acceptable to the department or agency not responding and, therefore, there is no need to comment.
C. Technical Advisory Committee Meeting. The technical advisory committee meeting shall convene at the stipulated time and place, and shall be attended by regular committee members, other involved agencies, and the applicant and/or applicant’s representatives. The administrator shall serve as moderator of the meeting and shall prepare a written report summarizing the recommendations of the committee.
D. Public Hearing Notice Requirements. The administrator, upon receipt of a binding site plan application, shall schedule a public hearing before the hearing examiner. Notice of such hearing shall be given in accordance with the following requirements:
1. Notice shall be published in the official newspaper of the city, not less than 10 calendar days prior to the date of public hearing before the hearing examiner;
2. Written notice shall be mailed to owners of record of property within 300 feet of property involved, exclusive of public rights-of-way, at least 10 calendar days prior to the public hearing before the hearing examiner; and
3. All hearing notices shall include a legal description of the location of the proposed binding site plan and either a vicinity sketch or a location description in nonlegal language or both.
E. Referral to Hearing Examiner. The administrator shall forward the binding site plan to the hearing examiner at least five days prior to the public hearing. The following information shall be forwarded along with the binding site plan:
1. A copy of the notice of public hearing;
2. A copy of the preliminary binding site plan letter including attachments;
3. A copy of the technical advisory committee summary report; and
4. A report of the administrator’s analysis, findings, and recommendation.
F. Hearing Examiner Public Hearing, Consideration, Findings, and Action. The hearing examiner shall conduct the public hearing on the binding site plan at the scheduled time and shall afford a reasonable opportunity for testimony both for and against the application to be heard. In addition to the testimony received, the hearing examiner shall consider all written and oral information made available and shall determine if the binding site plan makes adequate provision for the public health, safety, and welfare, and will be in the best interest of the citizens of the city and in accordance with the design criteria of this code.
After due consideration of all testimony, information, and criteria, the hearing examiner shall adopt such findings as it deems appropriate and, on the basis of such findings, shall approve, approve with modifications, or deny the application for binding site plan.
Upon approval, the applicant shall record the binding site plan with Benton County. [Ord. 47-94; Ord. 27-14 § 1.01].
24.14.070 Review procedures for small properties.
For properties containing less than 200,000 square feet in surface area, the following procedures shall apply:
A. Referral to City Departments and Divisions. Within three working days of the filing of a binding site plan application, the administrator shall transmit a copy of the binding site plan to the water and waste utilities subdepartment, electrical engineering, planning, engineering, building safety and inspection divisions, and the fire and emergency services department. The transmittal of the binding site plan shall be under cover of a memorandum scheduling a meeting of the affected departments and divisions within 10 working days following the filing of a binding site plan application and shall stipulate the time and place of such meeting.
B. Written Response from Affected Departments. Written comments and recommendations or requirements from affected departments shall be delivered to the administrator either prior to or at the binding site plan meeting. Failure to provide such written response shall constitute an assumption that the binding site plan is acceptable to the department not responding and, therefore, there is no need to comment.
C. Binding Site Plan Meeting. The binding site plan meeting shall convene at the stipulated time and place and shall be attended by affected departments and the applicant and/or representatives of the applicant. The administrator shall serve as moderator of the meeting and shall prepare a written report summarizing the recommendations of the meeting. A copy of the summary report shall be forwarded to each affected department and to the applicant or representative of the applicant no later than three working days from the date of the binding site plan meeting.
D. Consideration and Action by the Administrator. The administrator, within a period of three working days from the date of the binding site plan meeting, shall consider all information provided and determine if the application for binding site plan makes adequate provisions for the public health, safety, and welfare, and will be in the best interest of the citizens of the city and in accordance with the design criteria of this code. After due consideration of the above, the administrator shall approve, approve with modifications, deny, or return the binding site plan application to the applicant.
The administrator may return the application for binding site plan to the applicant without taking action on it when additional information or modifications are required. After an application is resubmitted, the administrator may refer the application to affected city departments and divisions and schedule a second binding site plan meeting according to the procedure previously set forth for referral and meeting, or the administrator may take action on the binding site plan application resubmittal. The administrator shall act to approve, conditionally approve, or deny the application for the binding site plan; however, the administrator may, with the applicant’s consent, return the binding site plan to the applicant without taking action on it.
Upon approval, the applicant shall record the binding site plan with Benton County.
E. Appeal. Any action by the administrator may be appealed to the hearing examiner in accordance with the requirements set forth in RMC Title 19 for Type I permit application. [Ord. 47-94; Ord. 13-96; Ord. 27-14 § 1.01].
24.14.080 Requirements for design and bonding of improvements.
Prior to affixing of a signature of approval on the binding site plan by the administrator, the applicant shall upon the decision of the city engineer either have included specific conditions on the face of the binding site plan with regard to the timing of bonding or construction of public infrastructure improvements within the proposed rights-of-way or easement areas or have prepared and submitted to the city engineer, and the city engineer shall have approved detailed engineering and design plans for any required streets, utility systems, storm drainage systems, and street lighting systems, or other required improvements, in accordance with the applicable specifications and standards of the city and other involved utility agencies. Irrigation system designs, site grading, and other such designs or plans that may be required by law or that were specifically required as conditions of binding site plan approval shall be submitted concurrently for the city engineer’s review and approval. Furthermore, bonding or other legally sufficient assurance of installation of required improvements shall be provided as required in Chapter 24.12 RMC, subdivision procedures. Following the affixing of all required signatures, the binding site plan shall be filed for record in the office of the Benton County auditor.
When binding site plans are approved in areas where a master plan including preliminary engineering has been reviewed and approved by all departments and the city council, the administrator shall allow recording of the binding site plan, provided specific conditions have been included on the face of the binding site plan noting that the master plan shall be the basis for controlling the location and size of all utilities and roads and that a building permit shall not be issued for site development until all detailed engineering plans are submitted and approved by the city and are either constructed or bonded or otherwise conditioned. [Ord. 47-94].
24.14.090 Commercial and industrial subdivisions and binding site plan.
In addition to the design criteria found elsewhere in this chapter, commercial and industrial property proposed to be divided under the binding site plan provisions of this title shall be evaluated according to the following criteria:
A. Streets. Where necessary to meet the criteria for length and width of commercial and industrial blocks or where shown on the comprehensive plan, access streets shall be dedicated to the public. The design and improvement of commercial and industrial streets shall conform to the applicable criteria and standards for streets elsewhere in this code. In addition, they shall be designed and improved in a manner sufficient to accommodate the types of vehicles and volume of traffic expected as determined by the city engineer. The city engineer may require commercial or industrial access streets to be developed to a greater width than required for residential access streets. Where it is proposed that frequent truck and bus traffic will share roadways with passenger vehicles, turning radii shall be such that encroachment of trucks and buses into adjacent lanes is minimized.
B. Access Roadways. In addition to any required public streets, private roadways or traffic aisles shall provide access to lots created such that the traffic generated by ultimate development within the boundaries of the property to be divided will be separated from through traffic on collector and arterial streets. The number of intersections of commercial and industrial access roadways with collector and arterial streets shall be minimized.
1. Except for driveway entrances of corner lots, the number of intersections of private streets and traffic aisles with arterial streets on any one street frontage of any block shall be limited to one for every 400 feet of street frontage, or portion thereof, on that side of the block, except where specifically permitted by the reviewers;
2. Corner lots shall be permitted a maximum of two driveway entrances for each street frontage and all driveway entrances shall be at least 25 feet from the right-of-way line of an intersecting street;
3. Corner lots shall have access to the access roadways for other lots in the block as described in this section;
4. As nearly as is practicable, intersections of access roadways with public streets, including driveway entrances, shall be evenly spaced; and
5. All access roadways shall be a minimum of 20 feet in width and shall be designed and improved in a manner sufficient to accommodate the type of vehicles and volume of traffic expected as determined by the city engineer.
C. Trails, Walkways, and Paths. Safe and convenient pedestrian and bicycle access shall be provided from public streets to commercial and industrial lots as determined by the reviewers.
D. Utilities and Storm Drainage. Utility plans and storm drainage plans shall be reviewed and approved by the utilities and public works group and community and development services group prior to approval of any binding site plan.
E. Blocks. Block length shall normally not exceed 2,000 feet or be less than 600 feet. Block width shall normally not exceed 1,000 feet or be less than 300 feet. When staff or the hearing examiner reviews and approves a detailed site plan containing specific location of building and design of traffic aisles and parking areas, or when special circumstances are found to exist, they may waive this requirement. [Ord. 47-94; Ord. 31-03; Ord. 2022-24 § 3].
24.14.100 Appeals.
Any action taken by the hearing examiner on a binding site plan application may be appealed in accordance with the requirements set forth in RMC Title 19 for a Type II permit application. [Ord. 47-94; Ord. 13-96; Ord. 27-14 § 1.01; Ord. 2022-24 § 4].
24.14.110 Rescission.
A. The city may rescind, vacate or modify all or a portion of a general or final binding site plan upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan; provided, that any portion of a binding site plan which is rescinded, vacated or modified shall be considered to be configured as it was immediately prior to the time that the binding site plan was recorded.
B. Signatures of all the owners of those portions of a binding site plan which are proposed to be altered by an amendment, rescission or vacation are required on the application for rescission, vacation or modification.
C. The process for rescinding, modifying or vacating a binding site plan shall be accomplished by following the same procedure and satisfying the same laws and conditions as required for a new binding site plan for small properties as set forth in RMC 24.14.070 and shall further be found by the city to further the public interest and not cause a significant environmental or land use impact on or beyond the site. [Ord. 46-15 § 1].