4-7-230 BINDING SITE PLANS:

A. PURPOSE AND INTENT:

The purpose of this Section is to allow for:

1. Optional Methods of Subdivision: To provide an optional process for the division of land classified for industrial, commercial, or mixed use zones CN, CV, CA, CD, CO, COR, UC-1, UC-2, IL, IM, and IH through a binding site plan as authorized in chapters 58.17 and 64.34 RCW. This method may be employed as an alternative to the subdivision and short subdivision procedures in this Chapter. (Ord. 5369, 4-14-2008; Ord. 5759, 6-22-2015)

2. Alternative Ownership Options or Alternative Standards: To allow for alternative ownership options and/or the ability to modify development standards that are otherwise required by the binding site plan process by allowing binding site plan application with a condominium process pursuant to chapter 64.34 RCW, and/or planned urban development process pursuant to RMC 4-9-150.

3. Procedural Requirements: To specify the administrative requirements for the review and approval of binding site plans that are in addition to the procedural requirements of chapter 4-8 RMC and other applicable provisions of the City development regulations. (Ord. 5100, 11-1-2004; Ord. 5153, 9-26-2005; Ord. 6097, 12-5-2022)

B. APPLICABILITY:

1. All proposals for binding site plans shall be subject to the provisions of this Section. A binding site plan may be processed in one of three (3) ways:

a. Standard Binding Site Plan: A standard binding site plan creates or alters existing lot lines, subject to the development standards of the underlying zoning district.

b. Condominium with Binding Site Plan: A binding site plan with condominium ownerships allows for greater flexibility in the sale and lease of commercial, industrial, and mixed use sites. This alternative allows the site in question to be treated as a single lot when applying the development standard for the underlying zone.

c. Planned Urban Development with Binding Site Plan: Where the development standards of the underlying zoning district cannot be achieved through a binding site plan, a binding site plan merged with a planned urban development allows for greater flexibility in the lot and infrastructure layout and development of the binding site plan provided planned urban development criteria are met including provision of a public benefit.

2. A binding site plan may be reviewed and approved:

a. As a separate mechanism for the division of commercial and industrial land;

b. Merged with a site plan review under RMC 4-9-200, development agreement under the authority of RCW 36.70B.170, or both a site plan and development agreement per the criteria listed in this Section. A development agreement may include standards and decision criteria that apply to a binding site plan application in lieu of the standards and criteria contained in this Section. Per RCW 36.70B.170 through 36.70B.210, a development agreement shall not be more permissive than the development standards of the underlying zoning district or other applicable development standards.

c. Merged with a planned urban development per RMC 4-9-150.

d. Independently for pre-existing developed sites, concurrent with or subsequent to a site development permit application for undeveloped land, or concurrent with or subsequent to a building permit application. (Ord. 5153, 9-26-2005; Ord. 6097, 12-5-2022)

C. APPROVAL CRITERIA:

Approval of a binding site plan or a condominium site shall take place only after the following criteria are met:

1. Legal Lots: The site that is subject to the binding site plan shall consist of one or more contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed in the applicable zoning district. New nonconforming lots shall not be created through the binding site plan process.

2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met, the binding site plan shall be processed as a condominium site per subsection D of this Section or merged with a planned urban development application per RMC 4-9-150.

3. Commercial or Industrial Property: The site is located within a commercial, industrial, or mixed-use zone.

4. Zoning Code Requirements: Individual lots created through the binding site plan shall comply with all of the zoning code requirements and development standards of the underlying zoning district. Where minimum lot dimensions or setbacks cannot be met, the binding site plan shall be processed as a condominium site per subsection D of this Section.

a. New Construction: The site shall be in conformance with the zoning code requirements and development standards of the underlying zoning district at the time the application is submitted.

b. Existing Development: If the site is nonconforming prior to a binding site plan application, the site shall be brought into conformance with the development standards of the underlying zoning district at the time the application is submitted. In situations where the site cannot be brought into conformance due to physical limitations or other circumstances, the binding site plan shall not make the site more nonconforming than at the time a completed application is submitted.

c. Under either new construction or existing development, applicants for binding site plan may propose shared signage, parking, and access if they are specifically authorized per RMC 4-4-080 and 4-4-100, and other shared improvements as authorized in other sections of the City’s development standards.

5. Building Code Requirements: All building code requirements have been met per RMC 4-5-010.

6. Infrastructure Provisions: Adequate provisions, either on the face of the binding site plan or in a supporting document, have been made for drainageways, alleys, streets, other public ways, water supplies, open space, solid waste, and sanitary wastes, for the entire property covered by the binding site plan.

7. Access to Public Rights-of-Way and Utilities: Each parcel created by the binding site plan shall have access to a public street, water supply, sanitary sewer, and utilities by means of direct access or access easement approved by the City.

8. Shared Conditions: The Administrator may authorize sharing of open space, parking, access, signage and other improvements among contiguous properties subject to the binding site plan and the provisions of RMC 4-4-080 and 4-4-100. Conditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, signage and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar properly recorded mechanism.

9. Future Development: The binding site plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded binding site plan.

10. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the binding site plan.

11. Suitable Physical Characteristics: A proposed binding site plan may be denied because of flood, inundation, or wetland conditions, or construction of protective improvements may be required as condition of approval. (Ord. 5153, 9-26-2005; Ord. 6097, 12-5-2022)

D. ADDITIONAL CRITERIA FOR BINDING SITE PLANS PROPOSING CONDOMINIUM SITES OR MERGING WITH PLANNED URBAN DEVELOPMENT APPLICATION:

1. Condominium – Applicability: The condominium option allows for the conversion of lease space or dwelling units to condominiums without further subdivision of land. These standards are in addition to the requirements of subsection C of this Section.

2. Condominium – Approval: Condominium developments are eligible for binding site plan approval, when the purpose of such approval is to divide the property so that the parcel or tract, or a portion thereof, can be subject to chapter 64.34 RCW (Condominium Act). A condominium can only be recorded either when the development has already been constructed to City standards established through a binding site plan or a building permit for new development has been issued. Binding site plans for condominium sites shall be in conformance with chapter 64.34 RCW and RMC 4-9-040. The binding site plan shall also include conditions requiring that the condominium is recorded per the provisions of chapter 64.34 RCW.

a. Administrator Approval: Condominium recording documents must be submitted to confirm compliance with City requirements before they are filed with King County. If the proposed condominium conversion is found to comply with the standards and requirements of this Section and development regulations of this Title, then it shall be approved.

b. Approval with Modifications: If modification(s) to the condominium recording documents are deemed necessary, then they may be added to the condominium recording documents or a revised set of documents may be required. The applicant shall be notified of any required modifications.

c. Referral to the Hearing Examiner: If the Administrator determines that there are sufficient concerns regarding the condominium conversion to warrant a public hearing, then he/she shall refer the condominium conversion to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing will be given as for a Type III permit hearing.

d. Denial: If the condominium conversion proposal is denied, the applicant shall be notified in writing of the decision, stating the reasons for the denial of the application.

e. Reconsideration: See RMC 4-8-100, Application and Decision – General.

3. Planned Urban Development: To allow for the ability to modify development standards that are otherwise required by the binding site plan process, a binding site plan application may be merged with a planned urban development application pursuant to RMC 4-9-150. (Ord. 5153, 9-26-2005; Ord. 6097, 12-5-2022)

E. APPLICATION REQUIREMENTS:

1. General Requirements: All applications for binding site plans must conform to the requirements of RMC 4-8-120. (Ord. 5153, 9-26-2005)

F. REQUIRED IMPROVEMENTS:

1. Improvements: The following tangible improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a binding site plan may be recorded: grading and paving of streets and alleys, installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs, together with all appurtenances thereto to specifications and standards of this Code, approved by the Department and in accordance with other standards of the City. A separate construction permit will be required for any such improvements, along with associated engineering plans prepared per the City Drafting Standards.

2. Phasing of Improvements: To satisfy these requirements, the Administrator is authorized to impose conditions and limitations on the binding site plan. If the Administrator determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Administrator may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building’s certificate of occupancy, or in accordance with an approved phasing plan, or in accordance with plans established by a development agreement or as otherwise permitted or required under City Code. (Ord. 5153, 9-26-2005)

G. ACCESS REQUIREMENTS:

Access requirements and street design and development standards shall be provided in accordance with RMC 4-6-060, unless superseded by the terms of a development agreement as provided by subsection J of this Section, Merger with Development Agreement. New public roads shall be provided for lot access where determined by the Administrator to be reasonably necessary as a result of the proposed development or to make appropriate provisions for public roads. Establishment of public roads may also be proposed by the applicant. (Ord. 5153, 9-26-2005)

H. PERMIT PROCEDURES FOR BINDING SITE PLAN APPROVAL:

1. Permit Type: Binding site plans shall be processed as Type II permits in accordance with the procedures in chapter 4-8 RMC for Type II permits and the standards and criteria set forth in this Section, unless the applicant elects to merge the binding site plan application with the site plan review process or combined site plan/planned action review process in which case the binding site plan shall be processed in accordance with the procedures set out in chapters 4-8 and 4-9 RMC. If a binding site plan permit is processed concurrently, but not merged with another permit process, then the binding site plan application shall be processed as a Type II permit.

2. Review Authority: Pursuant to chapter 4-8 RMC, the Community and Economic Development Administrator is hereby authorized and directed to interpret and enforce all the provisions of this Section, unless the applicant elects to have the binding site plan application merged with a Type III permit site plan application or a development agreement under chapter 36.70B RCW. If a binding site plan application is to be processed with a Type III site plan, then the Hearing Examiner is hereby authorized and directed to interpret and enforce all the provisions of this Section. If a binding site plan application is to be processed with a development agreement, the City Council is hereby authorized and directed to interpret and enforce all the provisions of this Section. The final decision on a development agreement with an application for a binding site plan shall be made by City Council. No administrative appeal of the City Council decision shall be available. If a binding site plan is merged with a planned urban development application, the review authority shall be determined pursuant to RMC 4-9-150. (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012)

I. MERGER WITH SITE PLAN:

1. Review Standards for a Previously Approved Site Plan: If a previously approved site plan is submitted in conjunction with an application for binding site plan approval, the conditions and limitations imposed by the Administrator may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of development permit review, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.

2. Review Standards for Concurrent Site Plan Application: When a binding site plan is being considered concurrently with another land development application, the Administrator will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of development permit review, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.

J. MERGER WITH DEVELOPMENT AGREEMENT:

If a binding site plan is merged with a development agreement, in the event of a conflict between the terms of the development agreement and this Section, the terms of the development agreement shall control. Per RCW 36.70B.170 through 36.70B.210, a development agreement shall not be more permissive than the applicable development standards. (Ord. 5153, 9-26-2005)

K. REVIEW AUTHORITY DECISION:

1. Action: Binding site plans shall be reviewed based upon the general criteria in this Section and other criteria applicable to the site plan or development agreement with which the applicant elects to merge the binding site plan application. Every decision made under this Section shall include findings of fact and conclusions to support the decision.

2. Approval: If the proposed binding site plan is found in conformance to the standards and requirements of this Section, then it shall be approved.

3. Approval with Modifications: If modification(s) are deemed necessary, then they may be added to the binding site plan or a revised binding site plan may be required. The applicant shall be notified of any such modification action.

4. Referral to the Hearing Examiner: Except when a binding site plan is merged with a development agreement, if the Administrator determines that there are sufficient concerns by residents in the area of the binding site plan, or by City staff, to warrant a public hearing, then he/she shall refer the binding site plan to the Hearing Examiner for public hearing and decision by the Hearing Examiner. Notice of the public hearing will be given as for a Type III permit hearing. Binding site plans merged with development agreements shall be approved by City Council pursuant to the requirements of RCW 36.70B.170 et seq. (Ord. 5519, 12-14-2009)

5. Denial: If the binding site plan is denied, the applicant shall be notified in writing of the decision, stating the reasons for the denial of the application.

6. Reconsideration: See RMC 4-8-100, Application and Decision – General. (Ord. 5153, 9-26-2005; Ord. 5676, 12-3-2012; Ord. 5853, 8-7-17)

L. RIGHT-OF-WAY DEDICATION:

Where dedication of right-of-way is required for the approved binding site plan or proposed by the applicant, the dedication shall require separate approval by the Administrator or designee prior to recording of the binding site plan with record of survey. The dedication shall be effective upon recording of the binding site plan with record of survey. (Ord. 5648, 12-12-2011)

M. SURVEY AND RECORDING:

Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. In addition to the requirements of RMC 4-8-120C, surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information.

1. Administrator Approval: The binding site plan must be signed by the Administrator before it is filed. The final approved binding site plan shall remain with the City until such time as the applicant requests that the binding site plan be recorded.

2. Filing by City Clerk: The approved binding site plan and associated recording documents will be sent to the City Clerk by the Department when the binding site plan is final and all prerequisites to filing have been completed. The binding site plan shall be filed by the City Clerk for record in the office of the King County Auditor and shall not be deemed approved until so filed. (Ord. 6097, 12-5-2022)

N. BINDING EFFECT:

1. Legal Lots: Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record.

2. Enforceable: Approved binding site plans shall be enforceable by the City. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot, tract, or parcel created pursuant to the binding site plan. The binding site plan shall include a provision requiring that any subsequent development of the site shall be in conformance with the approved binding site plan. A sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval, shall be considered a violation of this Section, shall be a nuisance and may be subject to an injunction action in Superior Court or such other remedies provided by the Renton Municipal Code. (Ord. 5153, 9-26-2005; Ord. 5675, 12-3-2012)

O. EXPIRATION AND EXTENSION:

1. Expiration Period: For binding site plans not merged with a site plan or development agreement, the approval shall lapse unless submitted for recording within five (5) years of the binding site plan approval.

2. Expiration Period for Merged Approvals: For binding site plans approved as part of merged application with a site plan or development agreement, the binding site plan shall lapse when the site plan or development agreement expires unless submitted for recording prior to the date of expiration for the merged application.

3. Extension of Expiration Period: Additional time extensions beyond the five (5) year time period may be granted by the Administrator if the applicant can show need caused by unusual circumstances or situations which make it unduly burdensome to file the binding site plan within the five (5) year time period. The applicant must file a written request with the Administrator for this additional time extension; this request must be filed at least thirty (30) days prior to the expiration date. The request must include documentation as to the need for the additional time period. Additional time extensions may be granted in not greater than one year increments, up to a maximum of two (2) years.

4. Extension of Expiration Period for Phased Projects: In the case of a phased binding site plan, submittal for recording of any phase of the binding site plan will constitute an automatic one year extension for the submittal of the next phase of the binding site plan.

P. APPEALS:

See RMC 4-8-110H.

Q. ALTERATION OR VACATION:

1. Alteration: Alteration of an approved binding site plan, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new binding site plan application as set forth in this Section; provided, that only owners of lots within the binding site plan that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If a binding site plan application was approved as part of a development agreement approval process as provided in subsection H2 of this Section or if property subject to a binding site plan approval is the subject of a development agreement, the alteration of the approved binding site plan shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording, shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement.

2. Vacation: Vacation of a recorded binding site plan shall be accomplished by following the same procedures required for a new binding site plan application as set forth in this Section. If a portion of a binding site plan is vacated, the property subject to the vacation shall constitute one lot, and the balance of the approved binding site plan shall remain as approved. If a binding site plan application was approved as part of a development agreement approval process or if property subject to a binding site plan approval is the subject of a development agreement, the vacation of the approved binding site plan, whether total or partial, shall not require an amendment to the development agreement or approval by the City Council and, after approval and recording shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. (Ord. 4954, 2-11-2002)