Chapter 14.22
BINDING SITE PLANS
Sections:
14.22.020 General Provisions, Requirements and Limitations
14.22.030 Vacation or Dissolution
14.22.050 Permissive Variations in Requirements
14.22.060 Substantial Modifications to Approved Binding Site Plans
14.22.010 Purpose
This chapter is established to:
A. Provide an optional subdivision process by which consolidated commercial, industrial, mobile home or condominium uses may be developed in a manner that is qualitatively equivalent to, or better than, traditional lot-by-lot development.
B. Integrate planned unit development procedures specified under Chapter 15.215 SMC with a complementary subdivision process so that resulting lots, tracts, or parcels may be better planned and operated as parts of a single commercial, industrial, mobile home or condominium development.
C. Allow the Director flexibility in the application of specific zoning and lot configuration requirements as they may apply interior to the site, provided all resulting development is consistent with applicable health, fire and building codes.
D. Allow the Director to authorize the sharing of open space, parking, access and other improvements between contiguous properties where developed for the same purpose.
E. Minimize the need for variances or other special regulatory procedures where development sites are characterized by peculiar geographic, topographic or dimensional features. (Ord. 18-1008 § 1; Ord. 16-1007 § 25; Ord. 09-1012 § 1 (Exh. A))
14.22.020 General Provisions, Requirements and Limitations
A. Except as provided in this chapter, the review procedures and criteria established under Chapter 14.20 SMC shall apply to binding site plan applications.
B. Each lot established or modified consistent with this chapter shall be considered a legal lot of record under this title.
C. A binding site plan establishes or alters lots, tracts, or parcels and determines specific requirements for their future coordinated development. Approval of a binding site plan shall not in itself authorize the establishment of any specific use thereon.
D. Binding site plan applications may be considered for either vacant properties or for the redevelopment of sites that support ongoing uses.
E. Binding site planning shall result in no less than two (2) contiguous lots.
F. The binding site plan shall ensure that the collective lots continue to function as one (1) site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
G. The approved lot configuration of a binding site plan, and all associated provisions, conditions and requirements, shall be legally enforceable upon each current and subsequent owner, purchaser, lessee or other person acquiring an ownership interest of any subject lot, parcel, or tract.
H. The site plan shall be supported by written covenants, descriptions and similar instruments, in a format determined by the Director. These instruments shall set forth all applicable limitations and conditions, including dedications of property, and shall contain provisions assuring that any development of the site shall remain in conformity with the approved binding site plan.
I. The applicant’s decision to participate in binding site planning is optional. The City may ask binding site plan applicants to provide a written waiver of the ninety (90) day time limit for review associated with subdivisions. In such a case, the City and applicant shall arrive at a written agreement as to the appropriate duration of site plan review. Nothing in this provision shall be construed as compelling the applicant to provide such a waiver. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))
14.22.030 Vacation or Dissolution
A. Where a binding site plan is considered concurrently with a planned unit development, pursuant with Chapter 15.215 SMC, the applicant must receive preliminary approval of the binding site plan no later than the date on which a first phase development plan or comprehensive development plan is submitted to the City. Failure to meet this requirement shall void any approval under this chapter.
B. Where any portion of a concurrent planned unit development or building permit expires or is otherwise voided, the corresponding binding site plan shall be vacated in direct proportion.
C. Where any portion of a binding site plan is vacated, expires or is otherwise voided, that vacated portion shall constitute a single and legally separate lot. This lot shall revert to the original zoning of the site and all associated standards shall apply.
D. Once a binding site plan is recorded, the approved lot configuration and all related provisions shall apply until such time as a subsequent subdivision or binding site plan is approved for the site. The City shall not consider a subsequent subdivision or binding site plan application for five (5) years following the original date of recording.
E. Any subdivision or binding site plan application under subsection (D) of this section shall require the written consent of parties representing no less than sixty-six percent (66%) ownership interest in the entire site. (Ord. 18-1008 § 1; Ord. 16-1007 § 26; Ord. 09-1012 § 1 (Exh. A))
14.22.040 Graphic Site Plan
Graphic site plans shall serve substantively the same functions as the preliminary and final plats of a proposed subdivision. The applicant shall submit a preliminary graphic site plan to the City to provide for review by staff and the Hearing Examiner. The site subject to an approved site plan shall be surveyed by a professional land surveyor. The professional land surveyor shall prepare a final graphic site plan for recording. Site plans shall portray:
A. All items of information required of a preliminary or final subdivision plat.
B. Proposed topography and landscaping of the entire site.
C. The delineation of all potential building envelopes or proposed footprints.
D. The location and area of all proposed utilities, drainage features, general improvements, open space, environmentally sensitive areas, water bodies and streams, setbacks, buffers and any other elements required by this title and the SeaTac Municipal Code.
E. Inscriptions, certifications, references or attachments prescribing all use limitations and conditions established under the binding site planning process.
F. All other items necessary to ensure conformity of development with the approved site plan.
G. One (1) of the following statements shall be recorded on the face of every final binding site plan.
1. Regarding commercial, industrial or mobile home site plans:
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, AND IN ACCORDANCE WITH SUCH OTHER GOVERNMENTAL 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 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 NOW OR HEREAFTER HAVING ANY INTEREST IN THE LAND DESCRIBED HEREIN.
2. Regarding condominium site plans:
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, AND IN ACCORDANCE WITH SUCH OTHER GOVERNMENTAL 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 NOW OR HEREAFTER HAVING ANY INTEREST IN THE LAND DESCRIBED HEREIN.
(Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))
14.22.050 Permissive Variations in Requirements
An applicant may negotiate for permissive variations in the underlying dimensional standards, consistent with the standards established for planned unit developments under SMC 15.215.170 through 15.215.250. (Ord. 18-1008 § 1; Ord. 16-1007 § 27; Ord. 09-1012 § 1 (Exh. A))
14.22.060 Substantial Modifications to Approved Binding Site Plans
A binding site plan shall be substantially modified when it exceeds the criteria outlined as follows.
A. Any modification to a binding site plan that will, in the judgment of the Director, cause any one (1) lot to function separately from the whole with respect to lot access and circulation, open space, landscaping, drainage facilities, facility maintenance or parking; and/or
B. Any modification of a binding site plan that, in the judgment of the Director, would provide for an activity not anticipated by the original site plan agreement. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))