Chapter 16.24
BINDING SITE PLANS
Sections:
16.24.030 Application requirements.
16.24.050 Application review issues.
16.24.080 Effective period of preliminary binding site plan approval.
16.24.090 Modifications to an approved preliminary binding site plan.
16.24.100 Binding site plan amendment – Commercial or industrial development.
16.24.110 Vacating a binding site plan.
16.24.010 Purpose.
The purpose of this chapter is to clearly delineate the criteria used by the city of Rock Island to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land, pursuant to RCW 58.17.035. The binding site plan process provides a means for certain types of land divisions to be processed administratively, based upon the city’s adopted development standards and regulations. Binding site plans tie a future development to an approved set of conditions and site layout. (Ord. 01-062 § 4).
16.24.020 Scope.
This chapter shall be limited and only apply to one or more of the following:
A. The sale or lease of commercially or industrially zoned property;
B. The leasing of property when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land; and
C. The division of land into lots or tracts for condominiums as described in this chapter. (Ord. 01-062 § 4).
16.24.030 Application requirements.
Applications for binding site plans shall be made on forms provided by the city and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by RIMC Title 14, the following information shall be submitted:
A. All of the information identified in RIMC 16.16.030, Application requirements;
B. Inscriptions or attachments setting forth the limitations and conditions of development;
C. As determined necessary by the city, the following additional items may be required, particularly for those types of binding site plans identified in RIMC 16.24.020(B) and (C):
1. Off-street parking plans;
2. Maintenance plans;
3. A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation landscaping structures to be installed, the type of vegetation by common name, and the installed and mature height of all vegetation;
4. A written explanation of the design concept, planned features of the development, measures taken to meet the purposes of the development, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the development shall be submitted with the binding site plan;
5. As determined by the city, if applicable to the development, an outline of the documents of the owner’s association, by-laws, deeds, covenants and agreements governing ownership, maintenance and operation of the development shall be submitted with the binding site plan;
6. Schematic plans and elevations of proposed building(s) with samples of all exterior finish materials and colors, the type and location of all exterior lighting, signs and accessory structures;
7. A description of commonly held properties and their purpose, function and improvements; and
8. For a binding site plan for residential condominiums, it shall conform to the requirements of Chapter 64.34 RCW. The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The city shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW but may rely upon the representation of the licensed surveyor;
D. Upon review of an application, the city may require additional pertinent information as needed to satisfy any regulatory requirements.
E. For a binding site plan including residential uses, a statement regarding proximity to agriculture and farming shall be set forth on the face of the recordable binding site plan as follows:
The residential use portions of the property included in this site plan may lie in close proximity to a farm. The operation of a farm involves usual and customary agricultural practices, which are protected under RCW 7.48.305, the Washington right to farm act.
(Ord. 18-163 § 3; Ord. 01-062 § 4).
16.24.040 Review process.
A. Applications for a binding site plan shall be processed according to the procedures set forth in RIMC Title 14 for “full administrative review.”
B. The city shall solicit comments on the proposed binding site plan from the city engineer and/or maintenance supervisor, fire chief or designee, local utility providers, law enforcement provider, building official, school district, Douglas County departments, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.
C. Based on comments from city departments and applicable agencies and other information, the city shall review the application subject to the criteria of RIMC 16.16.060 and all applicable provisions of the RIMC. A proposed binding site plan shall only be approved when consistent with all applicable provisions of the RIMC.
D. Preliminary binding site plan applications shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension of such time period. (Ord. 01-062 § 4).
16.24.050 Application review issues.
The following issues, as minimum criteria, shall be reviewed by the administrator, subsequent to distributing the binding site plan application to the entities identified within this chapter, to determine the feasibility of development of the binding site plan. The administrator shall document, in a brief written report, the disposition of these issues for each application for the binding site plan, which documentation is to be made a part of the record and decision on the binding site plan application:
A. Whether the proposed binding site plan follows all zoning regulations, critical areas regulations, development standards, ordinances, the comprehensive plan and documents submitted pursuant to the State Environmental Policy Act (SEPA), if applicable.
B. Whether the proposed binding site plan complies with the city’s public improvement requirements including, but not limited to:
1. The proposed street system, sewage disposal system, storm sewer system and water supply system;
2. Requirements needed to minimize flood hazard and damage including utilities located and constructed to minimize or eliminate flood damage and to insure that an adequate drainage system is provided to reduce exposure to flood damage shall be attached to and made a part of the planning commission’s report for transmittal to the city council;
3. Improvements required pursuant to this title; and
4. Any easements required.
C. Whether the proposed binding site plan complies with the minimum fire protection standards including, but not limited to:
1. The adequacy of access for emergency vehicles;
2. Location of the fire hydrants and adequacy thereof;
3. Adequacy of water supply for fire protection purposes; and
4. Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.
D. Whether the proposed binding site plan complies with and/or has any effects on matters related to any public health issues. (Ord. 01-062 § 4).
16.24.060 Approval criteria.
A. The criteria described in RIMC 16.16.060, Approval criteria, are the minimum measures by which all proposed binding site plans will be considered. Proposed binding site plans shall be given preliminary approval, including preliminary approval subject to conditions, upon written finding by the administrator, pursuant to RIMC Title 14, that all of the items in RIMC 16.16.060 have been satisfied.
B. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 58.17.120 as now adopted and hereafter amended, a proposed binding site plan may be denied because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. Where any portion of the proposed binding site plan lies within a flood control zone, as specified by Chapter 86.16 RCW, the city shall not approve the preliminary binding site plan without prior written approval of the Washington Department of Ecology. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control problems have been resolved.
C. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 36.70A.070(6)(b) as now adopted and hereafter amended, a proposed binding site plan shall be denied if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. (Ord. 01-062 § 4).
16.24.070 Condominiums.
For the purpose of approval of condominium developments, the provisions of this title regarding short subdivisions and major subdivisions shall not apply if:
A. A land division is proposed as a condominium and does not result in the subdivision of land into separately owned lots in accordance with the definition for short or major subdivisions, but subjects a portion of a lot, tract, or parcel to Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
B. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;
C. The city of Rock Island has approved a binding site plan for all such land;
D. The binding site plan is recorded with the Douglas County auditor’s office; and
E. The binding site plan contains thereon the following statement:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City of Rock Island, and in accordance with such other government permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons, businesses, corporations, partnerships or other entities now or hereafter having any interest in the land described herein.
(Ord. 01-062 § 4).
16.24.080 Effective period of preliminary binding site plan approval.
Preliminary binding site plan approval shall be effective for two years following final action by the administrator. A final plat meeting all requirements of this chapter shall be submitted to the city for final approval, pursuant to Chapter 16.28 RIMC, within two years of the date of the preliminary binding site plan approval. (Ord. 01-062 § 4).
16.24.090 Modifications to an approved preliminary binding site plan.
A. Preliminary binding site plan approvals, except those for commercial or industrial development, shall not be modified after the administrator has issued the preliminary binding site plan approval. Any modifications proposed by the applicant once preliminary binding site plan approval has been given will require a new application be filed and the requirements of this chapter be complied with in full.
B. Minor modifications to a previously approved preliminary binding site plan for commercial or industrial development, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the city subject to the provisions for “limited administrative review” in RIMC Title 14. Before approving such amendment, the administrator shall make written findings and conclusions that the following exist:
1. The modification will not be inconsistent or cause the binding site plan to be inconsistent with the findings, conclusions, and decision of the city to preliminarily approve the binding site plan;
2. The modification will not cause the binding site plan to violate any applicable city policy or regulation;
3. The modification does not adversely impact public health and safety, the environment, or the delivery of services to the site;
4. The original intent of the approved preliminary binding site plan is not altered.
C. Modifications to a previously approved preliminary binding site plan for commercial or industrial development which exceeds the criteria above shall be processed as a new application. (Ord. 01-062 § 4).
16.24.100 Binding site plan amendment – Commercial or industrial development.
A. Once a binding site plan for commercial or industrial development has been recorded with the Douglas County auditor, it can be amended. The amended binding site plan for commercial or industrial development must comply with all of the procedures and requirements of this chapter; however, a new survey shall not be required except for new lines created by the amended binding site plan for commercial or industrial development.
B. The title of the altered binding site plan for commercial or industrial development shall be “Short Subdivision No. _____ Amending Short Subdivision No. ____.”
C. Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the Douglas County auditor specifically referencing the short plat by number and the correction. (Ord. 01-062 § 4).
16.24.110 Vacating a binding site plan.
Binding site plans may be vacated subject to the following provisions:
A. Prior to issuance of any building or other site development permits, including but not limited to clearing and grading permits, a binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission of a letter of intent to vacate the binding site plan to the city. The letter shall become binding upon its acceptance by the administrator. If the binding site plan has been recorded with the Douglas County auditor, notice of the vacation shall be recorded on forms acceptable to the Douglas County auditor.
B. After issuance of any building or other site development permits, including but not limited to clearing and grading permits, the process for vacation of all or part of a binding site plan is identical to the process for initial binding site plan approval. (Ord. 01-062 § 4).