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 a developer agreement.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
This chapter applies to the following:
A. 
The sale or lease of property in the commercial or industrial zone classifications;
B. 
Condominiums authorized under Chapter 64.34 RCW and where allowed in the zoning code; and
C. 
Manufactured home parks where allowed in the zoning code.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
A binding site plan means a record of survey and a developer agreement. A developer agreement includes a written narrative together with a scaled drawing (commonly known as a site plan) which together address the development details required by this chapter.
B. 
The developer agreement shall incorporate the requirements of the planning commission, after consideration of the comments received during the public hearing on the binding site plan.
C. 
The developer agreement requires the notarized signature of the developer, the city planner and city engineer.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Preapplication Conference. Prior to filing an application to execute a binding site plan, the subdivider shall submit an application and associated fees with the city clerk-treasurer for a development review committee meeting in accordance with Chapter 17.77 CRMC. This meeting shall attempt to provide the applicant with a full understanding of the information required by the planning commission to review the proposed binding site plan.
B. 
The subdivider shall prepare a sketch plan showing the approximate street layout, number and size of lots, and utility locations. The design of the site shall be discussed along with conceptual phases of development. Any lack of information for formal review shall be identified and requested by the affected agencies and officials.
C. 
The sketch plan shall in no way be considered binding and permanent by the staff. Further, the conclusions reached during the development review process will not guarantee binding site plan approval by the planning commission or the city council. Development review fees shall be set by resolution on file with the city clerk-treasurer.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Application Contents. An application for a binding site plan shall include a written narrative and a scaled drawing which together address the following:
1. 
The information listed in CRMC § 16.37.010, Table of required information;
2. 
A general application form, completed and signed by all property owners;
3. 
The purpose for which the property and/or buildings will be used;
4. 
Schedule for completion of improvements;
5. 
Surety provisions for future improvements;
6. 
Off-street parking plans;
7. 
Landscaping plans;
8. 
Dimensional information where applicable for lots, buildings, fences, etc.;
9. 
Maintenance plans; and
10. 
Application fees, including the SEPA environmental checklist fee when applicable.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Review Procedure. Binding site plan applications including developer agreements shall be reviewed by the development review committee prior to the open record public hearing before the planning commission. The city clerk-treasurer, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the binding site plan application, shall distribute copies to the affected agencies for review and comment.
B. 
Design and Development Requirements. Design and development standards of this title will be used as a basis for the design and development of the binding site plan. Certain standards may be modified or deleted where appropriate to address the concept of the development while still meeting the intent of this chapter. To the greatest extent possible, design and development standards will be addressed in the developer agreement and record of survey. When phasing is involved, specific issues related to future development within the binding site plan shall be reviewed and approved as part of the overall development prior to issuance of any construction, right-of-way, sign or any other permit for the initial phase.
C. 
Staff Report and Recommendation. Based on the information provided by the applicant for the binding site plan and the technical and design analysis of the binding site plan provided by affected agencies, the city planner shall compile a staff report and recommendations to be presented to the planning commission prior to the open record public hearing on the binding site plan.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
Notice of hearing shall be given by publication of at least one notice not less than 10 days prior to the hearing in a newspaper of general circulation within the city. Additional notice of such hearing shall be provided as follows: The city clerk-treasurer shall post notice of hearing on the subject property in a manner conspicuous to adjoining landowners, and, in addition, the city clerk-treasurer may provide notice by mailing to adjacent landowners or in any manner the city clerk-treasurer deems necessary to notify adjacent landowners and the public. All hearings shall be public. All hearing notices shall include a legal description of the location of the proposed binding site plan, and either a vicinity location sketch or a location description in nonlegal language.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
The planning commission shall review all proposed binding site plans and make recommendations thereon to the city council. 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 make recommendation to the city council that the binding site plan be 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. When the planning commission has considered the binding site plan application, it shall within 14 days after taking its action submit its recommendation to the city council. Written notice of the planning commission's recommendations should be provided to the subdivider applicant within the same 14 days. The report and recommendations of the planning commission shall be advisory only.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
Upon receipt of the recommendation of the planning commission on the binding site plan, the city council, at its next public meeting, shall set a date for public hearing where it may adopt or reject recommendations from the planning commission. A record of all public meetings and public hearings shall be kept by the city and shall be open to public inspection. Notice of such hearing shall be provided in the same manner as is set forth in CRMC § 16.12.020 and 16.12.030.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
The city council shall consider the same factors as set forth in CRMC § 16.12.090 when considering approval, disapproval or approval with conditions. If the city council finds the proposed binding site plan meets the appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, streets, alleys and other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by platting of such binding site plan, then it shall be approved. If it finds that the proposed binding site plan does not make such appropriate provisions or that the public use and interest will not be served, the city council may disapprove the proposed binding site plan or approve the binding site plan with conditions. Dedication of land to any public body may be required as a condition of binding site plan approval and shall be clearly shown on the final binding site plan.
B. 
The city council shall consider the physical characteristics of the proposed binding site plan site and may disapprove a proposed binding site plan because of any severe natural limitations, including, but not limited to, slope stability and steepness, soil conditions, flooding, inundation, swamp conditions or drainage problems. Construction of protective improvements may be required as a condition of approval and such improvements shall be noted on the final binding site plan. No binding site plan shall be approved by the city council when such land is situated in a flood-controlled zone as provided in Chapter 86.16 RCW without prior written approval of the Department of Ecology of the state. No binding site plan which lies in whole or in part in an irrigation district organized pursuant to Chapter 87.03 RCW shall be approved unless such binding site plan meets the requirements of RCW 58.17.310. Pursuant to Chapter 36.70A RCW, no binding site plan which lies, in whole or in part, within or adjacent to a critical area shall be processed or approved unless such binding site plan meets the requirements of Chapter 18.10 CRMC and a critical area permit is obtained in accordance with CRMC § 18.10.080.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
The city council, upon receipt of a recommendation on any binding site plan, shall at its next public meeting set the date for a hearing to consider the matter in accordance with the procedures and standards for conducting a public hearing. A record of the public hearing shall be kept by the city and shall be open to public inspection.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
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. Two Mylar bases and the required recording fee shall be furnished to the city of Castle Rock. The city planner shall then forward one Mylar base to the city engineer. One Mylar shall be recorded with the Cowlitz County auditor by the city planner within five days after the date the last required signature has been obtained.
B. 
Within seven days of recording, the developer shall provide one 11-inch-by-17-inch paper copy of the recorded Mylar to the city. No building permits will be issued until the copy of the recorded plan has been provided to the city. The fees for this copy shall be paid by the developer in addition to all other recording fees.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
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. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
The city council may authorize the vacation of a recorded binding site plan after approval of a new binding site plan.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)