Chapter 17.43
BP BUSINESS PARK DISTRICT
Sections:
17.43.010 Intent.
17.43.020 Who may initiate – Requirement for project manager.
17.43.030 Public services availability.
17.43.040 Preapplication conference.
17.43.050 Application.
17.43.060 Process.
17.43.070 Permitted uses.
17.43.080 Development standards.
17.43.090 Supplemental development standards.
17.43.100 Time limit.
17.43.010 Intent.
The purpose of this chapter is to respond to modern trends in business park (BP) development by providing a suitable area for industrial, professional office, service and commercial uses within a planned, well managed site with high quality development standards, through a contract rezone and site plan approval process.
It is also the intent of this district to allow flexibility with regard to development standards and uses if the flexibility results in an atmosphere of quality architectural, site and landscape design.
This district may be applied to any site within the city which is zoned business, commercial or industrial or designated as appropriate for business park development in the comprehensive plan. (Ord. 1260 § 18, 1994).
17.43.020 Who may initiate – Requirement for project manager.
A. BP projects may be initiated by:
1. The owner of all the property involved, if under one ownership, or
2. Jointly by all owners having title to all the property in the area proposed for the BP project, if there is more than one owner, or
3. A governmental agency, or
4. A person having interest in the property to be included in the BP.
B. The BP applications shall be in the name or names of the recorded owner or owners of property included in the development. The property owner(s) shall sign an approved form authorizing an agent of the owner to apply. The applications may be initially filed by the holder(s) of an equitable interest in or option on such property, but the applicant must evidence a full ownership interest in the land (either legal title or the execution of a binding sales agreement) before final approval of the applicant’s plan or the recorded owner or owners must have given written consent satisfactory to the city to imposition of the term and conditions of the applicant’s plan on the property.
C. One person shall be designated in writing as project manager who shall be accountable to the city and initiator(s) of the project. (Ord. 1260 § 18, 1994).
17.43.030 Public services availability.
A. The purpose of this section is to establish the criteria for installation, funding and ownership of utilities and other facilities, and the responsibilities of the developer for mitigation of the impacts of development. Methods for determining the fair share contribution shall be established by administrative rule.
B. Utility extensions to serve the development shall be funded by the developer, including but not limited to water, storm and sanitary sewer, on site surface water management. When such extensions are made, they may be required to be sized to implement the capital facilities plan. Funding arrangements to compensate for oversizing or extending utility services past other properties may include proportionate costs shared by the developer and the provider of the utility, latecomers agreements or other means.
C. Business park projects shall be consistent with the comprehensive transportation plan and shall mitigate traffic impacts concurrent with the development. Concurrent mitigation includes construction of transportation improvements prior to occupancy of the development, agreement to participate in public improvements at a later date if improvements are best constructed as part of a larger planned project, or contribution of funds to construct improvements within six years.
D. Business park projects shall include recreational facilities and a neighborhood park on the site for the use of the employees, tenants and visitors. Other mitigation of the impacts of development on parks and playgrounds will be required as for any commercial or industrial development, pursuant to applicable laws and rules.
E. A residential component of a business park project shall mitigate the impacts of development on schools, consistent with applicable laws and rules.
F. Private utilities, facilities or services may be provided in lieu of public improvements when authorized by the entity delivering the service.
G. All required public improvements and amenities shall be completed according to a schedule negotiated with the city. Some may be required before building permit issuance and all improvements shall be in place prior to issuance of a certificate of occupancy unless a bond is appropriate because of adverse weather conditions or other circumstances beyond the control of the applicant. (Ord. 1260 § 18, 1994).
17.43.040 Preapplication conference.
Before filing any application for a BP, the prospective applicant shall submit to the planning director preliminary plans and sketches and basic site information for consideration and advice regarding the relation of the proposal to general developmental objectives and city policies in the area. After review by the planning director, the preliminary plans that have been accepted will be reviewed by the technical committee, consisting of designated representatives of the planning department, building department, police department, fire department and public works department. The technical committee shall meet with the applicant regarding the basic requirements, issues to be addressed, and concerns of the city, and shall document those issues by filling out the preapplication conference form at the meeting. A written record of the technical committee’s recommendations and comments shall be given to the applicant at the meeting. Any follow-up correspondence shall be completed within 30 days after the meeting with the applicant, and a copy shall be retained on file for future reference. (Ord. 1260 § 18, 1994).
17.43.050 Application.
A. General. An application for a BP shall include the following information, along with a completed land use permit application form, payment of fees specified in current fee resolution, and an environmental checklist. Application shall include a written description of the development program for the site, including site planning, architectural and landscaping design standards for the site, timing of development, and how any unique features will be handled, such as protection of special flood risk zones or provision of open space.
B. Conceptual Approval. An application shall be required for conceptual approval of a business park and shall include the following:
1. Standard rezone application;
2. Subdivision, short subdivision or binding site plan if required;
3. List of uses to include hazardous materials or waste and impact on emergency response;
4. Covenants and restrictions;
5. A site plan to illustrate the following:
a. Vicinity map,
b. Boundaries and dimensions of proposed park,
c. Acreage of park,
d. Layout of interior streets,
e. Adjacent public streets,
f. Easements, existing, and if known proposed,
g. Location and size of all existing utilities,
h. General location of uses,
i. Existing ownership pattern,
j. The site plan shall be properly dimensioned and drawn at scale not less than one inch equals 40 feet and on a sheet size 24 x 36 inches, more sheets may be used if necessary. A reproducible and seven copies of the site plan shall be submitted at the time of application. An alternative scale may be approved by the planning director.
C. Site Plan Approval. An application shall be required for site plan approval of a business park and shall include the following:
1. The ordinance and contract of the conceptual approval;
2. A site plan which shall illustrate the following:
a. Vicinity map,
b. Boundaries and dimensions of park,
c. If partial approval, illustrate the proposal within the boundaries of the park,
d. Illustrate previous site plan approvals that may have occurred within the park,
e. Acreage of proposal,
f. Layout of interior streets,
g. Adjacent public streets,
h. Easements, existing and proposed,
i. Location and size of all existing and proposed utilities,
j. Typical street cross section,
k. Location of uses,
l. Location of buildings and structures, both existing and proposed, including setbacks,
m. Location and layout of off-street parking, loading and unloading areas,
n. Location of walls and fences, indication of their height and materials,
o. Location of any storage areas or refuse containers,
p. Location and size of signs,
q. Landscaping plan,
r. Indication of height of buildings,
s. Proposed architectural treatment of large expanse of walls,
t. Any covenants not previously approved,
u. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40 feet and on a sheet size 24 x 36 inches, more sheets may be used if necessary. A reproducible and seven copies of the site plan shall be submitted at the time of application. An alternative scale may be approved by the planning director. (Ord. 1260 § 18, 1994).
17.43.060 Process.
The approval process for business parks is two steps. The first step is the conceptual approval of the business park, by the planning commission and city council, this step also approves the contract rezone to the business park district. The second step is the approval of the site plan by the planning director with review by the planning commission as applicable. These two steps may be combined if the applicant wishes to proceed more quickly.
A. Conceptual Approval.
1. Conceptual approval of a business park shall be processed as a contract rezone. The contract rezone shall include an agreement that establishes the type, square footage and general location of the uses; the location and size of the park; restrictive covenants; public improvements; and the responsibilities of the owner/developer.
2. A BP district shall only be approved when the owner/developer has demonstrated that a public benefit will result and the project contains architectural, site, and landscape design standards that are significantly superior to those typically required in the other industrial and commercial zones.
3. No significant impacts on the public infrastructure shall occur that cannot be effectively mitigated by the development of the business park.
4. If the approval of the business park requires a subdivision of property, the preliminary plat may be processed concurrently.
B. Site Plan Approval.
1. The site plan of a business park shall be approved by the planning director with review by the planning commission as applicable.
If a contract is voided, the planning commission must find reason for the BP zone to remain on that portion of the business park that has not been constructed. If no reason is found to continue the BP zone, then the planning commission shall conduct a public hearing to rezone the parcel back to the zone on the property prior to the BP zone.
2. From the date of filing a complete application the planning director shall within 30 calendar days either approve, deny, or approve with conditions the site plan.
3. The approved site plan shall be recorded at Skagit County. (Ord. 1260 § 18, 1994).
17.43.070 Permitted uses.
Only those uses specifically authorized in the contract rezone, as approved by the city council, may be permitted in this zone. Any of the uses listed as permitted, administrative, and conditional in the B-1, R-3, C-1, C-2, and M-1 chapters may be those uses permitted in this zone. This however shall not allow outdoor activities such as storage, fabrication, or sales, unless specifically authorized as part of the contract rezone.
The city council may establish any procedural or substantive conditions on any such use as may be appropriate for the site. (Ord. 1260 § 18, 1994).
17.43.080 Development standards.
A. Minimum area to be developed as a business park: 10 acres.
B. Minimum lot area: none required.
C. Minimum lot width: none required.
D. Minimum lot depth: none required.
E. Maximum lot coverage: none required.
F. Maximum building height: 35 feet. Additional height may be allowed if approved by the city council.
G. Minimum Yard Setbacks.
1. Exterior property lines: Setbacks from the exterior boundary line of the business park shall be comparable to or compatible with those of existing development of adjacent properties; or if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the projections of the comprehensive plan. In no event shall such setback be less than 20 feet.
2. Interior property lines: The setbacks within the business park may either be determined at the time of conceptual or site plan approval.
H. Parking: see Chapter 17.54 BMC.
I. Supplemental development standards and performance standards: see Chapters 17.45 and 17.48 BMC.
J. Landscaping: see Chapter 17.50 BMC, a minimum of 15 percent of the business park shall be landscaped.
K. Signs: see Chapter 17.63 BMC.
L. Land use permit process: see Chapter 17.68 BMC.
M. Sidewalks and/or walkways: there may be flexibility in the design of sidewalks or walkways if approved by the city engineer. (Ord. 1260 § 18, 1994).
17.43.090 Supplemental development standards.
A. All activities shall be conducted entirely within a building except as follows:
1. Gas pumps;
2. Refuse containers, provided they are screened from adjoining property and public or private right-of-way;
3. Horticulture activities;
4. Play areas for day care;
5. Outdoor activities as permitted by the contract rezone.
B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building unless specifically permitted elsewhere by this title.
C. No outdoor testing of products.
D. No highly combustible, explosive or hazardous materials are permitted, unless clearly incidental and secondary to the permitted use.
E. Roof top equipment shall be set back a minimum of 20 feet from the edge of the roof and be painted the same color as the building on which the equipment is located; or, screen the equipment from adjoining uses or from street right-of-way if setback is less than 20 feet.
F. Loading and unloading docks that have frontage on a street shall be required to provide an additional 10-foot width of landscaping or in lieu of additional 10-foot width, landscaping may be provided as approved by the landscaping committee.
G. Outdoor storage may be restricted to the rear of the property and shall as a minimum be guided by the screening and landscaping requirements of the M-1 zone.
H. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the approval of the fire department. (Ord. 1260 § 18, 1994).
17.43.100 Time limit.
In order to effectively respond to the changing circumstances with regard to industrial land within Burlington and on neighboring parcels of the business park, and to be consistent with evolving development standards, the following time limit shall apply:
A. Every two years, from the approval date of the contract of each business park, the planning commission shall review the contract of each business park in which construction has not been completed. The planning commission shall determine whether the business park is still a viable proposal by reviewing whether the applicant is still pursuing the project, or there are conflicts in the execution of the contract, and shall recommend to the city council to either extend, amend or void the contract.
If a contract is voided, the BP zone itself may remain but further construction shall only be authorized by the execution of a new contract. (Ord. 1260 § 18, 1994).