Division VI. Binding Site Plan Subdivision

Chapter 19.28


19.28.010    Purpose.

19.28.020    Applicability of provisions.

19.28.025    Binding site plan components.

19.28.030    Application requirements.

19.28.040    Review procedure.

19.28.050    Design and development requirements.

19.28.060    Survey and plat standards.

19.28.070    Recording and enforcement.

19.28.080    Amendment.

19.28.090    Vacation.

19.28.010 Purpose.

The purpose of a binding site plan subdivision (hereafter referred to as “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. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.020 Applicability of provisions.

This chapter applies to the following:

A. The sale or lease of property zoned CC (central commercial), CH (highway commercial), IL/C (light industrial/commercial), IH (heavy industrial) or AD (airport development);

B. The lease of property zoned PR (public reserve);

C. Condominiums authorized under RCW Chapter 64.34 and where allowed in the zoning code. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.025 Binding site plan components.

A. A binding site plan means a record of survey and a developer agreement if required. 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 code.

B. The developer agreement shall incorporate the recommendations of the SPRC, and applicable improve standards and schedule for completing required improvements.

C. The developer agreement requires the notarized signature of both the developer and the city manager. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.030 Application requirements.

A. Preapplication Conference. Prior to filing a binding site plan subdivision application, the applicant shall confer with the director or his or her designee. The director shall advise the applicant of the required procedure and applicable ordinances.

B. Development Authorization Required. Binding site plan subdivisions require a Level II development authorization.

C. Application Contents. An application for a binding site plan shall be completed and signed by the property owner or authorized agent and include, without limitation, a written narrative and copies of the site plan in such number and format requested by the department, which together address such items as:

1. The information listed in Chapter 19.40, Table of Required Information;

2. The purpose for which the property and/or buildings will be used;

3. Timelines for completion of improvements;

4. Surety provisions for future improvements as provided in Section 19.18.010(D);

5. Off-street parking plans;

6. Landscaping plans;

7. Dimensional information where applicable for lots, buildings, fences, etc.;

8. Maintenance plans;

9. Application fees, including the SEPA environmental checklist fee when applicable; and

10. A certificate verifying ownership of and encumbrances on the property. (Ord. 2008-06 § 11, 2008: Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.040 Review procedure.

A. The department shall distribute the binding site plan application to the site plan review committee (SPRC) upon issuance of a determination of completeness. Binding site plan applications shall be reviewed by the SPRC.

B. The department will provide notice as provided in Chapter 20.14 of this code.

C. The director shall consider the application materials, the SPRC recommendations, and any comments submitted upon the proposal and determine whether the proposal conforms to policies, standards and accepted design principles for the following:

1. Consistency with the comprehensive plan and municipal code;

2. Appropriate provisions for the factors enumerated in RCW 58.17.110 within and around the site;

3. Adequate means of ingress and egress to the site in accordance with the provisions of this code; and

4. Mitigation of probable adverse environmental impacts. (Ord. 2008-06 § 12, 2008: Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.050 Design and development requirements.

Design and development standards of the subdivision code 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 the code. Binding site plans shall include measures to mitigate probable adverse environmental impacts. 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 subdivision shall be reviewed and approved as part of the overall development, prior to the issuance of any construction, right-of-way, sign or any other permit for the initial phase. (Ord. 2008-06 § 13, 2008: Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.060 Survey and plat standards.

Surveys and monumentation must be in conformance with Chapter 19.40, Table of Required Information, Chapter 58.17 RCW and all other applicable state standards. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.070 Recording and enforcement.

The survey and approved developer agreement shall become effective only upon recording with the 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 on one another and together constitute the binding site plan subdivision. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.080 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 chapter and must be recorded. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).

19.28.090 Vacation.

The city manager may authorize the vacation of a recorded binding site plan after approval of a new binding site plan. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).