Chapter 17.50
RESIDENTIAL CONDOMINIUM BINDING SITE PLAN REVIEW PROCESS
Sections:
17.50.020 Planned unit developments.
17.50.060 Amendments and rescindment.
17.50.010 Applicability.
(1) This process may be used to divide land by the owner of any legal lot which is to be developed for residential condominiums pursuant to Chapter 64.32 RCW. A binding site plan for a residential condominium project shall be based on either a recorded final planned unit development, a building permit issued for the entire project, or a conceptual site plan as set forth in BMC 17.50.040.
(2) This process is separate from other site plan review processes including the P-Suffix provisions of zoning code, the mobile home park plan provisions, the planned unit development provisions, and the manufacturing park site plan provisions, and shall not be construed to substitute for the requirements of such processes. [Ord. 29 § 1(68), 1993]
17.50.020 Planned unit developments.
Whenever a binding site plan for a residential condominium development is proposed on a parcel for which a final planned unit development has been recorded, a copy of the planned unit development site plan shall be recorded as the binding site plan upon verification by the director of the department of community development that the binding site plan is the same as or contains the relevant details of the planned unit development site plan. [Ord. 29 § 1(69), 1993]
17.50.030 Building permits.
Whenever a binding site plan for a residential condominium development is proposed on a parcel of land for which a building permit has been issued for the entire project, the following must be satisfied prior to recording:
(1) A plan shall be prepared in a form prescribed by the city which is adequate for permanent retention by the city clerk and the King County records and elections division.
(2) The plan must be prepared by a registered land surveyor or civil engineer.
(3) The plan must substantially reflect the site plan approved for the building permit. Specific details not relevant to the division of land may be omitted.
(4) The plan must be verified by the director of the department of community development for compliance with the approved building permit. The city may require dedication of additional right-of-way for public streets.
(5) The legal description and map must be verified by the city engineer. [Ord. 29 § 1(70), 1993]
17.50.040 Conceptual plans.
Whenever a binding site plan for a residential condominium project is proposed on a parcel of land for which neither a planned unit development nor a building permit has been approved for the entire parcel, the following must be satisfied prior to recording:
(1) A conceptual site plan shall be prepared in a form prescribed by the city which includes the following information:
(a) Maximum number of dwelling units permitted;
(b) Approximate size and location of all proposed buildings;
(c) Approximate layout of an internal vehicular circulation system, including proposed ingress and egress;
(d) Approximate location of proposed open space, including required landscaped areas, if any;
(e) Approximate location of proposed parking areas;
(f) Location and size of utility trunk lines serving the site;
(g) Topography detailed to five-foot contours.
(2) Upon application the city shall distribute copies to public agencies having pertinent expertise or jurisdiction for review and comment.
(3) The planning commission (city council until a planning commission can be appointed) shall consider, and base their decision to approve with or without conditions, deny or return the application on the following:
(a) Conformance of the proposed site plan with any approved building permit or planned unit development and any conditions on a portion of the site, and with any applicable codes and ordinances, of the state of Washington and the city of Burien. The planning commission shall identify, to the extent feasible, conditions likely to be imposed on building permits related to dedication of right-of-way or open space, and tracts, easements or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, water supply, protection of sensitive areas or other unique conditions or features which may warrant protection of the public health, safety and welfare. Such preliminary conditions shall not be binding at the time of building permit approval;
(b) The recommendations and comments of agencies having pertinent expertise or jurisdiction;
(c) The planning commission may require dedication of additional road right-of-way.
(4) Additional documents shall be submitted as necessary for review and approval which may include a plat certificate, boundary survey, agreements, easements an covenants.
(5) The plan must be approved and signed by the city engineer.
(6) Prior to recording, the director of the department of community development shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions or approval.
Approval of a conceptual plan does not give the applicant a vested right to build without regard to subsequent changes in zoning or building codes or other applicable land use regulations prior to application for a building permit on the subject property. [Ord. 29 § 1(71), 1993]
17.50.050 Recording.
The proposed binding site plan approved by the planning commission shall be recorded with the city clerk and county records and elections division within 30 days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.32 RCW, provided the structure or structures, road and parking systems and related facilities substantially conform to the recorded binding site plan. [Ord. 29 § 1(73), 1993]
17.50.060 Amendments and rescindment.
(1) Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.
(2) Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan the planning commission shall rescind all or a portion of a binding site plan, provided that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.
(3) Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission are not required on the amended binding site plan or application for rescission. [Ord. 29 § 1(74), 1993]