Chapter 17.143
SITE PLAN APPROVAL

Sections:

17.143.010    Purpose.

17.143.020    Applicability.

17.143.030    Site plan review types and procedures.

17.143.040    Exemptions.

17.143.050    Submittal requirements.

17.143.060    Criteria for site plan approval.

17.143.065    Appeal.

17.143.070    Final site plan approval.

17.143.080    Modifications to approved site plan.

17.143.090    Compliance required and expiration.

17.143.100    Completion prior to occupancy.

17.143.010 Purpose.

The purpose of site plan approval is to ensure compatibility between new developments, existing uses and future developments in a manner consistent with the goals and objectives of the comprehensive plan in order to create healthful and safe conditions. Site plan approval is required according to the provisions of this chapter in order to promote developments that are harmonious with their surroundings and maintain a high quality of life for area residents, to ensure that new developments are planned and designed to protect privacy, to determine appropriate lighting and noise mitigation measures, and to ensure adequate and safe access. Site plan approval is required for all developments as specified in this title. (Ord. 04-024 § 48, 2004: Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.020 Applicability.

The provisions of this chapter shall apply to all changes of use, new construction, expansion or alteration of the use of land unless expressly exempted by this title. No use shall be established, no structure erected or enlarged, and no other improvement or construction undertaken except as shown upon an approved plan which is in conformance with the requirements set out in this title. (Ord. 04-024 § 48, 2004: Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.030 Site plan review types and procedures.

A.    Except for exempt activities as defined in BGMC 17.143.040, site plan reviews shall be classified and processed as follows:

1.    Building Permit Reviews. These types of reviews shall be processed as a Type I land use action. These site plan reviews are typically relatively minor in nature, consistent with the zoning of surrounding land uses and do not have a substantial impact on the natural and built environment. The following are classified as Type I site plan reviews:

a.    Changes in use of an existing structure or site;

b.    New construction or expansions of existing construction which do not exceed:

i.    Four thousand square feet of additional floor area,

ii.    Twenty new parking spaces,

iii.    Four new multifamily residential units, except as provided for in BGMC 17.143.040.

2.    Development Reviews. These types of site plans shall be processed as a Type II land use action. These types of reviews are typically more substantial in nature and may have potential incompatibility with surrounding zoning or land uses or may have a more substantial impact on the natural and built environment. The following are classified as Type II site plan reviews:

a.    Any development which is not listed as a Type I site plan in subsection (A)(1) of this section or listed as exempt under BGMC 17.143.040;

b.    Any development subject to SEPA pursuant to BGMC Title 18 (Environmental Protection).

3.    Binding Site Plan Reviews. Binding site plans shall be processed as a Type II land use action. A binding site plan functions as an alternative to dividing commercial or industrial property through the platting process by designating a specific use and configuration and binding that to the site through a restrictive covenant. A binding site plan is required for any proposal which involves the division of commercial or industrial property for the purposes of sale, lease or transfer of ownership without completing the platting process pursuant to this title and Chapter 58.17 RCW.

Binding site plans shall be completed consistent with the requirements and provisions of RCW 58.17.035 and this chapter:

a.    Binding site plans shall be valid for the same period as a normal site plan. If the development has not been completed within the time frame, the binding site plan shall expire and a notice recorded to such effect.

b.    Revisions to binding site plans are permitted so long as any revisions complete a site plan review process and are consistent with the regulations in effect at the time of application for revisions.

c.    If a binding site plan expires or is vacated the parcel boundaries shall return to the original configuration.

d.    Vacation of a binding site plan shall be subject to a Type II review process and shall require the signatures of all current owners of the parcels involved.

B.    If a site plan review is part of an overall application (i.e., PUD or CUP) that is subject to a higher review process, the site plan review shall be considered in conjunction with the overall application. (Ord. 04-024 § 48, 2004: Ord. 99-004 § 9 (part), 1999: Ord. 96-801 § 12, 1996: Ord. 95-769 § 5 (part), 1995)

17.143.040 Exemptions.

The following are exempt from the site plan review provisions of this chapter:

A.    Single-family detached and duplex residential dwellings;

B.    Modifications to the interior of an existing structure that does not change the use or the degree of a use;

C.    Subdivisions or short plats;

D.    The installation or replacement of underground utilities;

E.    Other development determined by the planning director to be exempt because it does not result in an appreciable increase in land use activity or intensity or in an adverse impact. (Ord. 04-024 § 48, 2004: Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.050 Submittal requirements.

A.    For a Type I site plan review application, the applicant shall submit the information required for a Type I application as set forth in BGMC 17.200.050, as well as the following:

1.    A site plan meeting the standards of subsection (B)(5) of this section;

2.    A landscaping plan meeting the standards of subsection (B)(8) of this section or such information included on the site plan;

3.    Architectural elevations meeting the standards of subsection (B)(9) of this section;

4.    A lighting plan meeting the standards of subsection (B)(10) of this section or such information included on the site plan;

B.    For Type II site plan review applications, the applicant shall submit the information required for a Type II application as set forth in BGMC 17.200.050, as well as the following:

1.    Written narrative description of uses, types of structures proposed, hours of operation, abutting properties, proposed access, frequency of deliveries and construction schedule including project phasing, if known;

2.    Current list of names and addresses of all property owners within a five-hundred-foot radius as shown upon the Clark County assessor’s records. The list shall be no older than ninety days and shall be dated and certified as being a complete list of adjacent owners by the assessor’s office, surveyor, or title company. This list shall also be provided on self-adhesive mailing labels;

3.    Developer’s GIS packet (can be obtained from the Clark County planning department);

4.    Ten copies of an existing conditions plan drawn to a minimum scale of one inch equals two hundred feet on a sheet no larger than twenty-four inches by thirty-six inches and including one reduced eleven-by-seventeen-inch copy. The existing conditions plan shall at a minimum indicate the following:

a.    Vicinity map showing location of subject site within the city of Battle Ground and the surrounding existing street system,

b.    Property boundaries, dimensions and size of the subject site,

c.    Graphic scale of the drawing and the direction of true north,

d.    Zoning and uses of subject site and of properties within one hundred feet of the subject site,

e.    Current structural or landscaped setbacks,

f.    Location of on-site driveways and access points and within one hundred feet of the subject site,

g.    Location of existing on-site structures and the approximate location of existing structures within one hundred feet of the site,

h.    Location of existing aboveground electrical, telephone or utility poles and traffic control poles,

i.    Location of existing fire hydrants,

j.    Location of existing structures within one hundred feet of the site,

k.    Location, centerline and dimensions of existing public rights-of-way and easements on-site and within one hundred feet of the site,

l.    Location, centerline and dimensions of existing private streets on-site and within one hundred feet of the site,

m.    Approximate on-site slopes and grades within one hundred feet of the site,

n.    Approximate location of significant natural conditions such as rock outcroppings, floodplain, drainage patterns and courses, slopes in excess of fifteen percent, unstable ground, high seasonal water table or impermeable soils, areas of severe erosion potential, areas of weak foundation soils, areas of significant wildlife habitat, areas of known or suspected historic, cultural or archaeological resources and the location of trees or clusters of trees having a diameter of six or more inches measured four feet above grade;

5.    Ten copies of a site plan drawn to a minimum scale of one inch equals two hundred feet on a sheet no larger than twenty-four inches by thirty-six inches and including one reduced eleven-by-seventeen-inch copy. The site plan shall at a minimum indicate the following:

a.    Property boundaries, dimensions and size of the subject site,

b.    Location, dimensions and height of proposed buildings,

c.    Location of building accesses,

d.    Proposed building and landscape setbacks,

e.    Proposed project-phasing boundaries, if applicable,

f.    Legend indicating total site area, the total square footage of proposed buildings or structures including percentage of total site area, the total square footage amount of impervious area including percentage of total site area, the total square footage amount of on-site landscaping including percentage of total site area, the total amount of dedicated parking area including percentage of total site area, the proposed number of parking spaces including the number of standard parking spaces, the number of compact parking spaces and the number of handicapped-accessible parking spaces. The required number of parking spaces should also be indicated,

g.    Location of proposed access points including vehicular driveways and designated pedestrian access points including the proposed depth of the vehicular driveway throats,

h.    Location and dimensions of proposed on-site parking areas including required parking landscaping islands and indicating whether proposed parking is standard, compact or handicapped-accessible. Demonstrate compliance with applicable state and federal guidelines including, but not limited to, adequate sizing, the provision of handicapped access ramps and appropriate labeling and signing. On-site cross-aisles and circulation areas shall be indicated including their dimensions,

i.    Location and dimensions of proposed on-site pedestrian connections between the public street and buildings, between on-site buildings, between on-site buildings and on-site or off-site parking areas,

j.    Location and size of off-site parking areas, if applicable, including details on the number and type of off-site parking spaces and existing or proposed cross-aisles and circulation areas including dimensions,

k.    Location, centerline and dimensions of proposed on-site public or private streets and public and private easements,

l.    Location, centerline and dimensions of proposed dedications, and identification of proposed frontage improvements including roadway improvements, curb and gutter installation, landscaped planter strip installation and public sidewalk installation,

m.    The location and dimensions of loading and service areas, recreational or open space features, aboveground utilities, existing structures to be retained on the site and their distance from the property line, proposed structures (including signs, fences, etc.) and their distance from property lines and the size and location of solid waste and recyclable storage areas,

n.    Specialized site treatments including but not limited to pedestrian plazas, heavy duty paving, concrete score patterns, bicycle parking and outdoor seating areas;

6.    Preliminary utilities plan indicating the proposed location, size, connection points to existing public systems, and terminus points for sanitary sewer, water and stormwater drainage and control. Stormwater information shall be provided in conformance with BGMC 18.250.110(C) and 18.250.600, and shall indicate compliance with all applicable standards of Chapter 18.250 BGMC. Public and private easements for sanitary sewer, water and stormwater shall also be indicated;

7.    Preliminary grading and erosion control plan indicating proposed on-site excavation and fill activities, and within public rights-of-way, if applicable, including demonstration of conformance with city of Battle Ground erosion control measures;

8.    Landscape plan indicating the location of proposed vegetation, the common and botanical name of the proposed vegetation, the initial planting size (height or gallon) and the mature planting size, and proposed methods of irrigation, if any. Landscaping proposed in and around buildings, on the perimeter of the site and within proposed parking areas shall be indicated. In addition, street trees or other forms of landscaping within the public rights-of-way shall be indicated;

9.    Architectural elevations, showing north, south, west and east elevations and specifying a measurable scale, structural dimensions and structural heights;

10.    Lighting plan indicating the location, height and type of proposed exterior lighting fixtures (pole-mounted or wall-mounted). Photometric point or curve detail shall be provided for the subject site, abutting properties and abutting public streets or rights-of-way;

11.    Legal description for the parcel(s) in question;

12.    Most recent conveyance document (deed) showing current ownership;

13.    State Environmental Policy Act (SEPA) checklist, completely filled out in ink or type and signed, if applicable;

14.    Traffic study, if applicable;

15.    Sign plan(s), if applicable;

16.    Copy of preapplication conference report and any other items requested in the preapplication conference report, if completed. (Ord. 07-15 § 5, 2007: Ord. 04-024 § 48, 2004: Ord. 00-024 § 5, 2000; Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.060 Criteria for site plan approval.

A.    In approving site plans, it shall be the responsibility of the planning director or his designee to review each plan for compliance with all provisions of this chapter and any other applicable regulations that may affect the final plan as submitted or revised.

B.    In reviewing a site plan for approval, the director shall find that all of the following have been met.

C.    While it is not necessary to indicate in this section all of the criteria on which the planning director shall make a decision on whether the proposed plan meets all applicable provisions of this title and other appropriate provisions of the Battle Ground Municipal Code, the following are enumerated to indicate the various requirements under which a plan must be found consistent. Failure to meet any one of these, and other requirements not necessarily specified here, shall be grounds for denial of site plan approval:

1.    The proposed use is permitted within the district in which it is located.

2.    The proposal meets the lot, yard, building, height and other dimensional requirements of the district within which it is located.

3.    The proposal meets the screening, buffering and landscape strip requirements, as set forth in Chapter 17.131 BGMC.

4.    Minimum parking and loading space requirements are met, as required by Chapter 17.133 BGMC.

5.    The proposal meets the supplementary use provision and nonconforming provisions of this title.

6.    All applicable conditions and criteria contained in other titles of the Battle Ground Municipal Code are met.

7.    Improvement requirements are provided in accordance with the applicable sections of the Battle Ground development code.

8.    All conditions of any applicable previous approvals (i.e., CUP, PUD) have been met.

9.    Nonresidential development subject to site plan review has provided underground public and private utility lines including but not limited to those for electricity and communication.

10.    Public water, sewer and stormwater lines for nonresidential development have been installed in conformance with the standards of the city code. Public water, sewer and stormwater lines within or along the frontage of a development have been extended to the extreme property lines of that development unless it can be demonstrated to the city engineer that such extensions are impractical or infeasible or inappropriate.

11.    Proposed phasing plans do not exceed six years and all required public infrastructure is installed in the first phase of the development. (Ord. 04-024 § 48, 2004: Ord. 01-002 § 2, 2001; Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.065 Appeal.

Appeals of decisions on site plans shall be made and processed pursuant to Chapter 17.200 BGMC. (Ord. 04-024 § 48, 2004: Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.070 Final site plan approval.

Where a site plan is issued subject to conditions that require the submittal of additional materials or changes to existing plans, the director may require that the applicant submit for final site plan approval to determine if the revised plans comply with the conditions of site plan approval. Final site plans shall be considered as Type I applications. (Ord. 04-024 § 48, 2004: Ord. 99-004 § 9 (part), 1999: Ord. 95-769 § 5 (part), 1995)

17.143.080 Modifications to approved site plan.

No approved site plan shall be modified or amended except after reapplication for site plan review and approval. The determination of the application type for site plan modifications will be based upon the criteria in BGMC 17.143.030. Minor modifications may be completed through a Type I process if they do not result in an increase in the density or intensity of uses or other change that would result in significant changes to the site plan which would modify the impacts on adjacent properties or public facilities. (Ord. 04-024 § 48, 2004)

17.143.090 Compliance required and expiration.

A.    All development of the property for which a site plan was approved shall conform to the approved site plan and any conditions imposed thereon unless amended or replaced by a subsequent city approval.

B.    Site plan approvals shall be valid for two years from the date of issuance, during which time substantial completion of the project improvements shall have occurred. The planning director may approve up to two one-year extensions if:

1.    There have not been any substantial changes in the laws governing the development of the site, with which lack of compliance would be contrary to the changed laws; and

2.    The applicant has pursued development in good faith. Good faith shall be evidenced by progress on final permitting, surveying, engineering, and construction of improvements. (Ord. 04-024 § 48, 2004)

17.143.100 Completion prior to occupancy.

All required public and site improvements and other conditions of site plan approval shall be met prior to occupancy of any site unless required sooner as a condition of approval; provided, that completion and occupancy may be accomplished in phases if approved by the planning director as part of the site plan review process. Incomplete items may be secured by the issuance of a performance bond or other suitable security as a condition of approval of a site plan to secure applicant’s obligation to complete the provisions and conditions of the approved site plan. (Ord. 04-024 § 48, 2004)