16.11.004 Criteria for approval of binding site plan.
A. An application for a binding site plan may be approved if the following criteria are satisfied:
1. The proposed lots will continue to function and operate as one site, for fully developed sites; and
2. The application must conform to the conditions imposed on the approved site plan; and
3. The decisionmaker must find that adequate provisions have been made for drainageways, alleys, streets, other public ways, water supplies, open space and sanitary wastes for the proposed development on the property included within the binding site plan;
a. The decisionmaker must find that the proposed development complies with all applicable provisions of the building code and public works standards;
b. The decisionmaker must find that the proposed development complies with all applicable provisions of Chapter 16.08 GHMC, and all provisions of the zoning code and the development standards in the zoning code relating to development in the underlying zoning district.
B. Approval of Binding Site Plans in Residential Single-Family (R-1) Zones. In addition to all other criteria for approval, a binding site plan may only be approved in an R-1 zone if all of the following additional criteria are satisfied:
1. The proposed use shall be consistent with GHMC 17.16.020;
2. The minimum lot area per building site shall be one dwelling unit per 7,200 square feet of lot area;
3. The minimum lot width per building site shall be 70 feet;
4. The minimum front yard setback shall be: house/accessory structure – 20 feet, porch – 12 feet, garage – 26 feet;
5. The minimum rear yard setback shall be 30 feet;
6. The minimum side yard setback shall be eight feet;
7. The minimum setback between principal structures on a building site shall be eight feet;
8. The maximum hard surface lot coverage is 40 percent;
9. The minimum street frontage is 20 feet;
10. The maximum density is four dwelling units per acre; and
11. The maximum height shall be as allowed in GHMC 17.16.070.
C. As a condition of approval of the binding site plan, the city may authorize sharing of open space, parking, access and other improvements among contiguous properties. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms. Such agreements and restrictions shall be filed with the Pierce County auditor and run with the property. Such agreements shall be approved as to form by the city attorney prior to the time that a decision is made on the binding site plan application. The binding site plan shall contain the conditions to which the binding site plan is subject, including any applicable irrevocable dedications of property. The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved site plan and any applicable development regulations.
D. Phasing of Development. Building permit applications shall be submitted for all structures shown on the binding site plan within four years of approval. If the applicant chooses to develop the property in a phased development, the applicant must execute a development agreement with the city, which will govern the use and development of the property subject to the binding site plan, including: (1) vesting applicable to subsequent permits; (2) the manner in which each phase of the development will proceed to ensure that only the roads and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; (3) expiration of the agreement and all provisions therein.
E. For Condominiums (Including Developments on Residentially Zoned Property). The use and development of the property shall be in accordance with the plan submitted as part of the binding site plan application (or as amended prior to the final decision) and division of any property within the binding site plan shall not take place until the development or the portion thereof to be divided is subject to Chapter 64.32 RCW. (Ord. 1347 § 8, 2016; Ord. 1307 § 6, 2014; Ord. 915 § 8, 2002; Ord. 881 § 1, 2001).