Chapter 19.90
BINDING SITE PLAN
Sections:
19.90.020 Applicability of provisions.
19.90.030 Binding site plan components.
19.90.040 Application requirements.
19.90.060 Planning commission public hearing.
19.90.095 Appeal of Type A binding site plan decision.
19.90.010 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, condominiums, and manufactured home parks. A binding site plan includes a survey together with covenants detailing the performance or nonperformance of certain acts or the use or non-use of property. The option to subdivide property in accordance with standard subdivision procedures provided in Chapter 19.80 LMC is also available. (Ord. 3091 § 2, 2009).
19.90.015 Definitions.
“Binding site plan” means a drawing to a scale specified by local ordinance which: (1) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (3) contains provisions making any development be in conformity with the site plan.
“Type A binding site plan” means a binding site plan proposed for the sale or for lease of commercially or industrially zoned property. Type A binding site plans are approved administratively.
“Type B binding site plan” means a binding site plan proposed for the sale or lease of residential property either in a manufactured home park, recreational vehicle park or condominiums. Type B binding site plans are approved by the planning commission after an open-record hearing. (Ord. 3395 § 6, 2019; Ord. 3161 § 5, 2011; Ord. 3091 § 2, 2009).
19.90.020 Applicability of provisions.
This chapter applies to the following:
(1) An alternative method of subdividing land for sale or lease of property in the commercial or industrial zone classifications;
(2) Condominiums authorized under Chapter 64.34 RCW and where allowed in the zoning code;
(3) Manufactured home parks where allowed in the zoning code; and
(4) Recreational vehicle parks where allowed in the zoning code. (Ord. 3395 § 7, 2019; Ord. 3091 § 2, 2009).
19.90.025 Approval authority.
(1) Type A Binding Site Plan. The community development director shall be the approval authority of a Type A binding site plan.
(2) Type B Binding Site Plan. The planning commission shall be the approval authority of a Type B binding site plan. (Ord. 3161 § 6, 2011; Ord. 3091 § 2, 2009).
19.90.030 Binding site plan components.
(1) A binding site plan means a record of survey and associated covenants formalizing a development agreement. The covenants include a written narrative together with a scaled drawing (commonly known as a site plan) which together address the development details required by this chapter.
(2) The covenants shall incorporate: the requirements of the community development director for binding site plans requiring administrative approval; or, for residential uses, the requirements of the planning commission, after consideration of the comments received during the public hearing on the binding site plan.
(3) The community development director may waive lot frontage requirements for Type A binding site plans, if adequate means of lot access in compliance with the fire code is provided. The community development director may also waive the requirement that all signs be located on each business premises for Type A binding site plans for commercial developments that are part of one binding site plan application. Such waivers must be requested by the applicant as part of the binding site plan application and must be incorporated into the written covenant narrative. (Ord. 3161 § 7, 2011; Ord. 3091 § 2, 2009).
19.90.040 Application requirements.
An application for a binding site plan shall include a written narrative and a scaled drawing:
(1) Preapplication Conference. A preapplication conference is not required for a binding site plan, but is strongly encouraged. Prospective developers who do not arrange for a conference may encounter delay or denial. A preapplication conference is nonbinding and advisory in intent and effect. A request for a preapplication conference shall be submitted on forms prepared by the city.
(2) Application Contents. The applicant shall submit the following application materials for a preliminary binding site plan:
(a) Completed preliminary binding site plan application on form supplied by the city;
(b) Payment of all required fees;
(c) Completed SEPA environmental checklist, when required by LMC Title 17;
(d) If critical areas exist on the subject site, the permit and report requirements of Chapter 17.10 LMC shall be adhered to and submitted with the preliminary binding site plan application;
(e) Precise drawings showing sanitary and storm sewer cross-sections and grade profiles of the existing ground and proposed streets;
(f) Twenty-five copies of the preliminary binding site plan, conforming to the specifications of this chapter, including 11-inch by 17-inch copies of all large plans so that copies can be made;
(g) If the property is to be developed in phases, each phase shall be clearly labeled and demarcated on the preliminary binding site plan;
(h) A copy of a recent title report for the property issues within the last 60 days, including a legal description according to the official records in the office of the county auditor;
(i) A verified statement with original signatures that the property affected by the applicant is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;
(j) Traffic impact analysis report as required by the city pursuant to Chapter 12.50 LMC;
(k) If it has been determined that a zoning map amendment or variance or waiver from zoning code requirements is required for approval of the preliminary binding site plan, completed applications for a zoning map amendment or variance, or a request for a waiver, if not previously submitted and reviewed;
(l) A tree survey and preservation plan, report or drawing that complies with LMC 19.80.130; provided, that Type A binding site plans are exempt from this requirement;
(m) Preliminary stormwater report;
(n) Project Narrative. A preliminary binding site plan application shall include a narrative that addresses the following topics:
(i) Description of the uses proposed for the site;
(ii) Phasing plan, if applicable;
(iii) Construction schedule;
(iv) Existing covenants or restrictions and easements, if applicable;
(v) Other items required pursuant to applicable portions of LMC;
(vi) For a Type A binding site plan, any requested waivers of the zoning code.
(3) Drawing Specifications. Binding site plan drawings shall be presented on a sheet or sheets having dimensions no larger than 18 inches by 24 inches and shall be drawn at a scale of one inch equals 50 feet or larger. Other scales may be used if approved by the city engineer and community development director. The following information shall be shown on the preliminary binding site plan in one or more sheets:
(a) General. The following general items shall be included:
(i) The proposed name of the development, together with the words “binding site plan”;
(ii) The tract/lot designation(s) of the proposed binding site plan as shown in the records of the Cowlitz County assessor, including lot numbers, section, township and range;
(iii) Date, north-pointing arrow, and scale of drawing;
(iv) Name and address of the owner(s) of the property to be subdivided, of the subdivider or subdivision agent; if other than the owner, and of the surveyor and engineer; and
(v) A vicinity map sufficient to define the location and boundaries of the proposed binding site plan with respect to surrounding property and streets.
(b) Existing Features. The following existing features shall be shown:
(i) Existing structures and other site improvements (parking, driveways, pedestrian/bicycle paths, etc.) and any proposed structures to remain;
(ii) Location, pavement and right-of-way widths, and names of existing public or private streets, roads or alleys within or abutting the tract;
(iii) Location and size of existing sewers, water mains and culverts;
(iv) Location of existing property lines, easements, railroads, monuments, property markers, section lines and city boundary lines within or abutting the tract;
(v) Watercourses, ditches, areas of flooding or ponding, rock outcroppings, and trees eight inches or more in diameter measured four feet above the ground;
(vi) The names and addresses of adjoining property owners from the latest assessment rolls within 300 feet of all boundaries of the proposed binding site plan, shown on the binding site plan in relationship to the property to be subdivided or provided in a separate document;
(vii) Contour lines illustrating topography at two-foot intervals for slopes less than 10 percent and at five-foot intervals for slopes over 10 percent. Contour lines shall extend at least 100 feet beyond the boundaries of the proposed binding site plan. Contours shall be relative to sea level and based on city datum;
(viii) All critical areas shall be shown including streams, wetlands, geological hazard areas and all associated buffers;
(ix) For a binding site plan proposed in the 100-year floodplain, base flood elevation benchmarks.
(c) Proposed Features. The following proposed features shall be shown on the binding site plan:
(i) The boundary of the proposed binding site plan drawn in a bold line;
(ii) Locations and dimensions of proposed streets, alleys, other public and private ways, easements, lot lines and utilities, with the purpose of easements stated;
(iii) Locations, dimensions and area of public and common park and other open space areas;
(iv) Proposed number assigned to each lot and block, with lots numbered consecutively in a block; proposed names of all streets;
(v) Identification of all areas proposed to be dedicated for public use, with designation of the purpose thereof and any conditions;
(vi) When more than one type of use is proposed, the location, dimensions and area for each type of use (such as commercial or industrial uses);
(vii) If the binding site plan borders a river or stream, the approximate mean high and mean low water elevation and the distances and bearings of a meander line established not less than 20 feet back from the ordinary high-water mark of the waterway. (Ord. 3091 § 2, 2009).
19.90.050 Review procedures.
Binding site plans shall be reviewed in accordance with the process set forth below and shall also be consistent with the provisions set forth in Chapter 58.17 RCW:
(1) The community development director shall approve, approve with conditions or deny an application for a Type A binding site plan within 30 days from the date a complete application is submitted. The review period may be stayed upon the request of additional information or at the applicant’s request. The approval authority shall base its decision on the criteria set forth in LMC 19.90.080. Type A binding site plans are not subject to the notice or hearing requirements set forth in the remaining portions of this section.
(2) The planning commission is the approval authority for Type B binding site plans. Preliminary drawings of any proposed binding site plan and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from date of filing a complete application thereof unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. The approval authority shall base its decision on the review criteria set forth in LMC 19.90.080.
(3) Public Hearing – Type B Binding Site Plan. The preliminary Type B binding site plan shall be filed not less than 21 days prior to any planning commission meeting. The community development director shall set the hearing date and cause notice to be prepared. Only one open-record public hearing is allowed. Public notice of complete Type B binding site plan applications shall adhere to the following standards:
(a) Publication of Notice of Public Hearing. When processing a Type B binding site plan application, the city shall publish at least one public notice of the public hearing before the planning commission in the city’s official newspaper, which notice shall be published at least 10 days prior to the hearing date. A combined SEPA/public hearing notice requires publication at least 14 days prior to the hearing date. Notice of such hearing shall also be mailed to the applicant and to all adjacent landowners. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, to be located within 300 feet of any portion of the boundary of the proposed binding site plan. If the owner of the real property proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection shall be given to owners of real property located within 300 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. The records of the Cowlitz County assessor shall be used in notifying owners of adjacent property. Persons requesting notice of the city’s action on an application shall also be notified.
(b) Integrated Notice of SEPA Decision and Public Hearing. The city shall provide notice of the threshold determination as set forth in Chapter 17.20 LMC, and attempt to integrate such notice in the notice for the planning commission’s public hearing on the application. The planning commission’s public hearing shall be held after expiration of any SEPA comment period, but in general should not be held more than 45 days after the city’s SEPA determination. (Ord. 3161 § 8, 2011; Ord. 3091 § 2, 2009).
19.90.060 Planning commission public hearing.
The planning commission shall review Type B proposed binding site plans. Such review shall be made to ensure conformance of the proposed binding site plan to the general purposes of the comprehensive plan and the planning standards and specifications as adopted by the city. The planning commission will review the binding site plan application, make findings of fact and determine whether the binding site plan is approved, disapproved or approved with conditions. The planning commission, if it finds the binding site plan application to be incomplete, may return same to the applicant and request additional information. Written notice of the planning commission’s decision should be provided to the applicant within 14 days. (Ord. 3161 § 9, 2011; Ord. 3091 § 2, 2009).
19.90.070 City council review.
Repealed by Ord. 3161. (Ord. 3091 § 2, 2009).
19.90.080 Approval criteria.
To grant approval of a preliminary binding site plan, the applicant must demonstrate compliance with all of the following criteria:
(1) Appropriate provisions to the extent necessary to mitigate an impact of the development have been made for transportation, water, storm drainage, erosion control and sanitary sewage disposal methods that are consistent with the city’s current ordinances, standards and plans;
(2) Appropriate provisions have been made for but not limited to public health, safety and general welfare;
(3) Appropriate provisions have been made for proposed streets, alleys and public ways, utilities and other improvements that are consistent with the city’s current ordinances, standards and plans, and Department of Health and/or Washington State Department of Transportation standards and plans, where applicable;
(4) Appropriate provisions to the extent necessary to mitigate an impact of the development have been made for open space, parks, schools, dedications, easements and reservations;
(5) The design of the proposed binding site plan has taken into consideration the physical features of the site, including but not limited to: topography, soil conditions, susceptibility to flooding, inundation or swamp conditions, steep slopes or unique natural features such as wildlife habitat or wetlands;
(6) Compliance with the following:
(a) State requirements including those set forth in Chapter 58.17 RCW;
(b) Longview parks and recreation plan;
(c) Longview zoning ordinance, except when a variance, amendment, or waiver is approved by the city;
(d) Cowlitz County shoreline master program;
(e) Other plans and programs as the city has adopted;
(f) The standards of this chapter and this title; the International Fire Code and other adopted codes; and
(g) Plans and specifications adopted by the public works department including those set forth in Chapter 12.50 LMC. (Ord. 3091 § 2, 2009).
19.90.090 Recording.
The survey and approved developer agreement shall become effective only upon recording with the Cowlitz 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. The applicant shall pay the county auditor recording fee for the final binding site plan to the community development director. Said payment shall be made at the time application for final binding site plan approval is made. Upon approval of the final binding site plan by the planning commission, the community development director shall file the original drawing of the final binding site plan for recording with the county auditor. One reproduced full copy of Mylar material shall be furnished to the city engineer. One reproduced 11-inch by 17-inch copy shall be provided to the community development director. (Ord. 3161 § 11, 2011; Ord. 3091 § 2, 2009).
19.90.095 Appeal of Type A binding site plan decision.
(1) Any person aggrieved by the decision of the community development director under LMC 19.90.050(1) may appeal the decision to the appeal board of adjustment in a manner described in Chapter 19.12 LMC.
(2) Appeals shall be submitted to the community development department in writing within 14 calendar days following the date of mailing the decision to the applicant. (Ord. 3161 § 12, 2011).
19.90.100 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. 3091 § 2, 2009).
19.90.110 Vacation.
The planning commission may authorize the vacation of a recorded binding site plan after approval of a new binding site plan. (Ord. 3161 § 13, 2011; Ord. 3091 § 2, 2009).