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Chapter 18.105
SITE PLAN AND DESIGN REVIEWSections:
18.105.010 Purpose.
18.105.020 Applicability.
18.105.030 Approval required.
18.105.035 Development review committee.
18.105.040 Overview of design process and application procedure.
18.105.045 Design process.
18.105.050 Repealed.
18.105.055 Submittal requirements.
18.105.060 Decision criteria.
18.105.065 Action of director.
18.105.070 Repealed.
18.105.080 Effect of approved site plan and design review.
18.105.090 Repealed.
18.105.100 Expiration and extension.
18.105.110 Repealed.
18.105.120 Appeal.
18.105.130 Site plan and design review process.
18.105.010 Purpose.
A. The purpose of this chapter is to establish a comprehensive site plan and design review process which ensures compliance with the adopted plans, policies and ordinances of the city.
B. The overall goal of this chapter is to minimize land alteration, provide greater site development flexibility and consequently provide more creative and imaginative design than generally is possible under conventional zoning regulations.
C. It is further intended to provide for the review of development proposals with respect to overall site design and to provide a means for guiding development in a logical, safe, attractive and expedient manner, while allowing multiple phased development.
D. Site design for the light manufacturing zoning district is intended to mitigate impacts to nearby residential areas, roadways, parks, schools, and churches, retain natural vegetation and existing neighborhood character, to protect critical areas and natural systems, promote the connectivity and enhancement of watersheds and other natural systems, limit impervious surfaces, and promote the re-use of on-site, storm water run-off.
E. This chapter provides two methods of site plan and design review:
1. Administrative review for a minor project which can clearly meet the decision criteria in BIMC 18.105.060, as determined by the director, such as:
a. A fourplex multifamily development;
b. A minor commercial remodel or the addition of a small room; and
c. A minor change in use, such as from a church to a preschool; and
2. Planning commission review and recommendation is required for a project which:
a. Is determined by the director to be more complicated than those in subsection E.1 of this section, due to site constraints or due to the complexity of the project; or
b. Which receives written public comment(s) during the public comment period concerning the effect on the land use application of the comprehensive plan, shoreline master program or matters not addressed by specific provisions of this code; or
c. Is located on property zoned light manufacturing subsequent to the adoption of the ordinance codified in this chapter. (Ord. 2006-16 § 3, 2006: Ord. 99-30 § 4, 1999: Ord. 96-14 § 2, 1996; Ord. 92-08 § 2, 1992)
18.105.020 Applicability.
A. Site plan and design review shall be required prior to the issuance of final construction permits in any of the following circumstances:
1. The new construction of a building or other structure, excluding permits authorizing residential construction for detached single-family residential use, and accessory dwelling units.
2. The expansion, remodel, or exterior alteration of any building or other structure by more than five percent of its existing floor area, or overall size in cases where floor area is not applicable; or expansion which creates a new dwelling unit; excluding permits for expansion or alterations of buildings or other structures that are used for single-family residential purposes.
3. A change of use, where traffic, noise and other impacts are greater than the impacts for the previously existing use.
4. The construction of wireless communications support structures.
B. For properties zoned light manufacturing or business park subsequent to the adoption of the ordinance codified in this chapter, the development standards of BIMC 18.72.050 shall apply in addition to any other applicable standards of this chapter.
C. Exemptions.
1. Any activity which does not require a building permit and is not considered a change in use.
2. Any activity on the exterior of a building which does not exceed five percent of the structure’s total cost or fair market value, whichever is higher, as determined by the building official.
3. Interior work which does not alter the exterior of the structure or affect parking standards by increasing floor area.
4. Normal building maintenance including the repair or maintenance of structural members.
5. Maintenance or expansion of existing parks where the proposed activities are exempt from SEPA review in accordance with WAC 197-11-800. (Ord. 2005-29 § 32, 2005: Ord. 2003-11 § 7, 2003: Ord. 99-30 § 4, 1999: Ord. 96-14 § 3, 1996; Ord. 92-08 § 2, 1992)
18.105.030 Approval required.
No person, firm or corporation shall locate or expand a use for which a site plan and design review is required without first obtaining site plan and design review approval and paying the appropriate fee as established by the city by resolution. (Ord. 99-30 § 4, 1999: Ord. 96-14 § 4, 1996; Ord. 92-36 § 3, 1992: Ord. 92-08 § 2, 1992)
18.105.035 Development review committee.
The development review committee shall consist of a staff planner, the building official or designee, the city engineer or designee, and, if appropriate, a representative from the police department, Bainbridge Island park district, Bainbridge Island School District, Bainbridge Island Fire District #23, and Bremerton-Kitsap County health district. Two additional members, an architect and landscape architect, shall be appointed by the mayor, and may be included if determined to be appropriate by the director. (Ord. 99-30 § 4, 1999: Ord. 96-14 § 5, 1996)
18.105.040 Overview of design process and application procedure.
The city shall process a site plan and design review application in accordance with BIMC 2.16.095 and the following process and procedures:
A. Design Process Overview. An applicant shall first conduct a site analysis. The site analysis and preliminary site plan(s) are submitted for review and comment to the development review committee (DRC) at a preapplication conference.
B. Application Procedure Overview. After review, comment and recommendation on the site analysis and preliminary site plan by the development review committee following the preapplication conference, the applicant may submit a site plan and design review application. The development review committee shall review the application, considering the previous preapplication comments and decision criteria of BIMC 18.105.060.
The development review committee shall make a recommendation to the director. After review of the development review committee recommendation, the director shall forward the application to the planning commission, as required. At a public meeting, the planning commission shall consider the application together with the development review committee recommendation and the decision criteria, and shall make a recommendation on the application to the director. The director shall make the final decision on the application, based on the decision criteria and the recommendations of the development review committee and planning commission. (Ord. 99-30 § 4, 1999)
18.105.045 Design process.
The city shall process a site plan and design review application in accordance with BIMC 2.16.095 and the following procedures:
A. Preapplication Conference with the Development Review Committee.
1. To assist in review processing, an applicant for a site plan and design review shall meet with the development review committee at a required preapplication conference in accordance with the purpose and procedures of BIMC 2.16.035.
a. An applicant shall first conduct a site analysis identifying existing watercourses/wetlands, significant trees and vegetation, critical areas and other natural features, open space in accordance with the design process, and development standards of BIMC 18.72.050, if applicable.
b. A prospective applicant for a site plan and design review proposal shall prepare maps, site plan(s) and studies (as specified in BIMC 18.105.055) that show how the proposal promotes the purpose of this chapter and meet the standards of the zoning district and this chapter.
2. A preapplication conference may not be necessary for some minor site plan and design review proposals, in which case the conference may be waived by the director in accordance with BIMC 2.16.035.B.
3. Within 14 days of a preapplication conference, the development review committee shall notify the applicant in writing whether the proposal will likely require planning commission review.
B. An applicant may submit an application for site plan and design review at any time after completion of a required preapplication conference. The applicant shall submit a complete application as specified in BIMC 18.105.055. Upon receipt of a complete application, the director shall provide notice to the applicant and public in accordance with BIMC 2.16.085, and commence the application review process. A notice of application with public comment period, and a notice of decision shall be required in accordance with BIMC 2.16.085.C and E, for all site plan and design review applications.
C. Application Review.
1. A site plan and design review application for minor projects may be reviewed by the development review committee (DRC), as determined by the director. The final decision on an application is made by the director.
a. Upon receipt of a complete application, the director may determine, based on the complexity of the proposal, that it is appropriate that the DRC review the application. The DRC shall consider the application at a meeting and make a recommendation to the director.
b. The director will make the final decision based on the following:
i. The recommendation of the DRC, if applicable;
ii. Consideration of any public comments received; and
iii. The decision criteria, BIMC 18.105.060.
2. A site plan and design review application requiring planning commission review and recommendation shall be reviewed by the development review committee (DRC) and the planning commission prior to the final decision by the director.
a. The director shall forward a completed application to the DRC.
b. The development review committee shall consider the application at a meeting and make recommendation to the director.
c. The director shall review the DRC recommendation and determine the major issues and specific aspects of the project which the planning commission should review. The director will forward this review directive alone with the DRC recommendation to the planning commission.
d. The planning commission shall review the application in relationship to the director’s review directive and the decision criteria. The planning commission shall consider the application at a public meeting and shall forward the recommendation to the director in accordance with BIMC 2.16.095.D.
e. The director will make the final decision based on the following:
i. The recommendation of the development review committee;
ii. Consideration of any public comments received;
iii. The recommendation of the planning commission; and
iv. The decision criteria, BIMC 18.105.060.
D. Relationship to Other Land Development Applications – Consolidated Project Review.
1. If requested by the applicant, a site plan and design review application which is part of a proposal requiring multiple land use permits may be combined in a consolidated project review. Related applications requiring a public hearing shall be considered at one public hearing in accordance with BIMC 2.16.120.
2. If a site plan and design review application is part of a consolidated project, the director will review the site plan and design review application as prescribed under subsection C.1 or C.2 of this section, as appropriate, and forward the findings and decision to the appropriate hearing body for any required public hearing. (Ord. 2001-41 § 12, 2001; Ord. 99-30 § 4, 1999: Ord. 96-14 § 6, 1996; Ord. 92-36 § 4, 1992: Ord. 92-08 § 2, 1992)
18.105.050 Site design development standards for light manufacturing and business park.
Repealed by Ord. 2006-16. (Ord. 2005-01 § 12, 2005; Ord. 2004-02 § 23, 2004: Ord. 99-30 § 4, 1999)
18.105.055 Submittal requirements.
A. Preapplication Conference Submittal Requirements. An applicant of a proposed project subject to site plan and design review shall provide the following for a required preapplication conference:
1. Base map. A scaled drawing including the following information:
a. North arrow and graphic scale;
b. Property boundaries;
c. Existing vegetation;
d. Existing watercourses or other natural features;
e. Topography;
f. Existing access;
g. Easements;
h. Existing roads; and
i. Existing structures.
2. Aerial photograph.
3. Site inventory map. A copy of the base map, or as an overlay attachment to the base map (provided that the overlay is prepared on a transparent material), including the following information:
a. Critical areas protected by Chapter 16.20 BIMC;
b. Existing pasture and farmland;
c. Wooded and forested areas;
d. Water features not protected by Chapter 16.20 BIMC;
e. Unique natural land or rock features; and
f. Adjacent areas designated as park, open space or natural preserve.
4. Preliminary site plan. The preliminary site plan shall be a graphic composite prepared consistent with applicable zoning development standards and road and accessway standards. The plan may be on a copy of the base map, or on an overlay attachment to the base map. Elements of the plan must be consistent with the following requirements:
a. For light manufacturing developments, open space areas shall be established as required pursuant to BIMC 18.72.050.
b. The location of any proposed individual or community well(s) and/or water system(s) for the subject property, and associated wellhead protection areas as required by the health district shall be graphically indicated on a copy of the base map, or on an overlay attachment to the base map if the overlay is prepared on a transparent material. Maintenance access to the proposed wellhead or water system and all areas to be cleared for a wellhead shall also be identified.
c. The location of any proposed individual or community drainfields for the subject property and associated reserve drainfields as required by the health district shall be graphically indicated on a copy of the base map, or as an overlay attachment to the base map (providing that the overlay is prepared on a transparent material). Maintenance access to proposed drainfields shall also be identified.
d. Roads and access consistent with the requirements of the city of Bainbridge Island public works design and construction standards and shall be graphically indicated on a copy of the base map or as an overlay attachment to the base map (providing that the overlay is prepared on a transparent material).
e. The preparation of alternative configurations for all the above elements of the proposed site plan is encouraged.
B. Application Submittal Requirements. An application for site plan and design review shall be filed with the department of planning and community development on forms provided by that department. All applications shall be accompanied by the fees as required by resolution, and shall include, but not be limited to, the following documents:
1. The legal description of the property, tax lot number and vicinity map;
2. A complete and detailed written statement of the intended use of the land and the sequence and timing of the proposed development and the applicant’s intentions with regard to the proposed ownership of land areas, dwelling units, if any, and commercial buildings within the development, both during and after construction. The statement shall include the following:
a. The acreage contained within the proposed site plan and design review;
b. The total number of residential units, the proposed square footage of residential and/or commercial construction for each building and the maximum total square footage of construction;
c. The acreage of open space to be contained in the site plan and design review;
d. The height, setbacks, building and development lot area coverage;
e. The phasing of street improvements, including road construction, acreage of road area and percentage it represents of the total land area;
f. The availability and phasing of water system extensions;
g. The method of sewage disposal to include the availability and phasing of system extensions; and
h. Phasing of on- and off-site requirements such as sidewalks, bike paths, or improvements of adjacent streets;
3. Affidavit of the ownership or of substantial beneficial interest in the subject property;
4. Vicinity map;
5. Scale drawings of the property depicting:
a. North point and graphic scale;
b. Boundaries, easements, and ownerships as set forth in the legal description, and easements on adjacent properties;
c. Topography at appropriate contour intervals;
d. Existing vegetation and significant trees as required by the landscape regulations, Chapter 18.85 BIMC;
e. Watercourses, other natural features, and critical areas as required by Chapter 16.20 BIMC;
f. Proposed open space area and type of open space as required by BIMC 18.72.050;
g. Existing structures and improvements, including existing parking areas and the number of parking spaces;
h. All proposed improvements including general building footprints and parking areas and the number of auto and bicycle parking spaces as required by Chapter 18.81 BIMC;
i. Sewage disposal system;
j. Storm drainage design;
k. Utilities plans, including existing and proposed hydrant locations;
l. Existing and proposed circulation systems on and off the site, including all adjacent streets and rights-of-way and auto, truck, emergency, pedestrian, bicycle and transit access;
m. Landscaping plans, including street trees;
n. Proposed land uses and densities on the subject property; and
o. Other plans and drawings deemed necessary for evaluation;
6. Architectural drawings, including floor plan, building elevation and building sections based on the determination made at the preapplication conference;
7. Any other graphic materials required to adequately describe how the proposal meets specific regulations and guidelines, such as material description boards, scaled models or photo montages;
8. The terms, conditions, covenants, and agreements under which the subject property is bound, if any;
9. An environmental checklist when required by the State Environmental Policy Act and Chapter 16.04 BIMC; and
10. The proposed method of ensuring permanent retention and maintenance of circulation system, storm drainage system, sewage disposal system, parks, open space or other common private or public facilities.
C. An application shall not be considered complete until the application, fee and all supporting materials are submitted to the department.
D. The director or designee may waive specific submittal requirements determined to be unnecessary for review of a preapplication and/or an application. (Ord. 2006-16 § 5, 2006: Ord. 2005-11 § 3, 2005; Ord. 2001-41 § 13, 2001; Ord. 99-30 § 4, 1999: Ord. 98-20 § 13, 1998; Ord. 96-14 § 7, 1996; Ord. 92-08 § 2, 1992)
18.105.060 Decision criteria.
The development review committee (DRC), director, and planning commission shall base their respective recommendation or decision on site plan and design review on the following criteria:
A. The site plan and design is in conformance with applicable code provisions and development standards of the applicable zoning district;
B. The site design review for light manufacturing and business park zoning districts is in conformance with the following:
1. The site design review standards of BIMC 18.72.050;
2. The site design review has been prepared consistent with the purpose of the site design review process and open space goals; and
3. In addition to the applicable storm water management requirements of Chapter 15.20 BIMC, the development proposal shall include means to integrate and re-use on-site storm water as site amenities;
C. The locations of the buildings and structures, open spaces, landscaping, pedestrian, bicycle and vehicular circulation systems are adequate, safe, efficient and in conformance with the nonmotorized transportation plan;
D. The proposal will be served by adequate public facilities including roads, transit, water, fire protection, sewage disposal facilities and storm drainage facilities;
E. The site plan and design is consistent with the design guidelines of Chapter 18.41 BIMC, or other applicable design guidelines of the zoning district;
F. No harmful or unhealthful conditions are likely to result from the proposed site plan;
G. The site plan and design is in conformance with the comprehensive plan and other applicable adopted community plans; and
H. Property subject to site plan and design review which contains a critical area, as defined in Chapter 16.20 BIMC, conforms to all requirements of that chapter. (Ord. 2005-11 § 4, 2005; Ord. 99-30 § 4, 1999: Ord. 96-14 § 8, 1996; Ord. 92-08 § 2, 1992)
18.105.065 Action of director.
The director may approve, approve with conditions, or disapprove the application for site plan and design review. Conditions may be imposed to enable the proposal to meet the standards of the decision criteria. (Ord. 99-30 § 4, 1999: Ord. 96-14 § 9, 1996)
18.105.070 Imposition of conditions.
Repealed by Ord. 96-14. (Ord. 99-30 § 4, 1999: Ord. 92-08 § 2, 1992)
18.105.080 Effect of approved site plan and design review.
No building or development of any sort shall occur contrary to the approved site plan and design review except as follows:
A. Minor adjustments to an approved site plan and design review may be made after review and approval by the director. Minor adjustments are those that entail minor changes in dimensions or siting of structures, location of public amenities, but do not entail changes to the intensity or character of the use.
B. Adjustments other than minor adjustments to an approved site plan and design review require a new or amended application as determined by the director. Major adjustments are those that change the basic design, intensity, density, use and the like. (Ord. 99-30 § 4, 1999: Ord. 96-14 § 11, 1996; Ord. 92-08 § 2, 1992)
18.105.090 Time limits.
Repealed by Ord. 96-14. (Ord. 99-30 § 4, 1999: Ord. 92-08 § 2, 1992)
18.105.100 Expiration and extension.
A. A site plan and design review is valid for a period of three years from the written notice of the final decision, or the decision on an appeal, whichever is later. A site plan and design review involving a preliminary subdivision or a planned unit development is valid for a period of five years from the written notice of the final decision, or the decision on appeal, whichever is later.
B. A single one-year extension may be granted by the director prior to the expiration date if the applicant can demonstrate that circumstance or conditions not known, or foreseeable, at the time of original application warrant an extension of the approval. The extension request must be received by the department no later than 30 days prior to the expiration of the approval. (Ord. 99-30 § 4, 1999: Ord. 97-01 § 15, 1997; Ord. 96-14 § 13, 1996; Ord. 92-08 § 2, 1992)
18.105.110 Revocation of an approved site plan.
Repealed by Ord. 96-14. (Ord. 99-30 § 4, 1999: Ord. 92-08 § 2, 1992)
18.105.120 Appeal.
The applicant or any aggrieved party may appeal a final decision of the director to the hearing examiner, in accordance with BIMC 2.16.130. (Ord. 99-30 § 4, 1999: Ord. 96-14 § 15, 1996)
18.105.130 Site plan and design review process.
(Ord. 99-30 § 4, 1999: Ord. 96-14 § 16, 1996)
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