Chapter 17.36B
BINDING SITE PLANS
Sections:
17.36B.010 Binding site plan option.
17.36B.020 Site plan requirement.
17.36B.030 Presubmission conference.
17.36B.040 Application content.
17.36B.060 Findings and conclusions.
17.36B.100 Duration of approval.
17.36B.110 Issuance of decision and appeal.
17.36B.120 Design standards and improvements.
17.36B.130 Increased public service standards, roads, sewer, water, stormwater.
17.36B.140 Waiver of standards and provisions.
17.36B.150 Noncompliance with site plan.
17.36B.160 Effect of approval.
17.36B.010 Binding site plan option.
In lieu of subdivision approval, a subdivider or developer of commercially or industrially zoned property, mobile home parks or condominiums may choose to request approval of a binding site plan pursuant to this chapter and RCW 58.17.035. (Ord. 1146 § 2, 1998)
17.36B.020 Site plan requirement.
Site plan review and approval is required prior to:
(1) The use of land either for the location of any commercial or industrial building or for any building in which more than one dwelling unit would be contained;
(2) The acceptance of any dedication of land to the city for transportation, open space, or other purposes which is independent of other development review. Such review shall include the current and proposed use and the development of adjacent and associated lands;
(3) The expansion of any mobile and/or manufactured home park governed by this code. Such development shall be designed in accordance with the standards set forth in this code; or
(4) Development of any planned unit district governed by this code which requires divisions of land for sale or lease. (Ord. 1362 § 2, 2005)
17.36B.030 Presubmission conference.
Prior to applying for site plan approval, an applicant may request a presubmission conference. (Ord. 1146 § 2, 1998)
17.36B.040 Application content.
Each application for site plan approval shall contain 10 copies of the following information:
(1) The title and location of the proposed development;
(2) The names, addresses, and telephone numbers of the applicant, of the owner of the site, of any architect, planner, designer, or engineer responsible for preparation of the plan, and of any authorized representative of the applicant;
(3) The proposed use of the site and buildings;
(4) The current zoning of the proposed development site and any other zoning within 300 feet of the site;
(5) Total area of the development site and of existing and proposed impermeable surfaces to an accuracy of one-hundredth acre;
(6) The proposed number of dwelling units in the development;
(7) The proposed area in square feet of existing and proposed gross commercial floor area;
(8) A description of existing and proposed commercial or industrial uses;
(9) A site plan drawing of one or more sheets at a scale of not less than one inch to 100 feet showing, at minimum:
(A) The location of all existing and proposed structures, including buildings, fences, culverts, bridges, roads, and streets;
(B) The boundaries of the property proposed to be developed;
(C) All proposed and existing buildings and setback lines sufficiently accurate to ensure compliance with setback requirements;
(D) All areas, if any, to be preserved as buffers or to be dedicated to a public, private, or community use or for open space under the provisions of this title;
(E) All existing and proposed easements;
(F) The location of all existing and proposed utility structures and lines;
(G) Existing and proposed stormwater retention, drainage, and treatment systems;
(H) All means of vehicular and pedestrian ingress and egress to and from the site and the size and location of driveways, streets, and roads;
(I) The location and design of off-street parking areas, showing their size, locations of internal circulation, and parking spaces;
(J) Landscaping location and type;
(10) Contours of sufficient interval to indicate the topography of the entire tract for a sufficient distance beyond the boundaries of the proposed project, as follows:
(A) Up to five percent slope – two foot contours;
(B) Five percent and greater slope – five foot contours. (Ord. 1146 § 2, 1998)
17.36B.050 Review.
The site plan review board (the city public works director; representatives of building, utility, and transportation services; and a member of the city planning commission) shall review the proposed site plan for compliance with the provisions of this chapter and other applicable laws and regulations. The board may require additional information necessary for such review. The board shall determine whether the proposed use is served and makes adequate provision for the public health, safety, and general welfare. (Ord. 1146 § 2, 1998)
17.36B.060 Findings and conclusions.
A proposed binding site plan and any dedication shall not be approved unless the board makes written findings that:
(1) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds (if applicable), sidewalks, and other features assuring safe walking conditions for students who only walk to and from school;
(2) The public use and interest will be served by the platting of such binding site plan and any dedication;
(3) The proposed binding site plan is in conformity with applicable zoning and other development regulations;
(4) Public facilities impacted by the proposed binding site plan will be adequate and available to serve the binding site plan concurrently with the development of a plan to finance needed public facilities in time to assure retention of an adequate level of service;
(5) The project is within an approved sewer service area for projects on sewer, and adequate capacity exists or is planned with funding sources in place.
Upon such findings the binding site plan shall be approved. The board may require dedication of land to a public body, provision of public improvements to serve the binding site plan, and/or impact fees as a condition of binding site plan approval. Dedication shall be clearly shown on the plat. The board shall not as a condition of approval of any binding site plan require a release from damages to be procured from other property owners. (Ord. 1146 § 2, 1998)
17.36B.070 Amendment.
A site plan approved by the board shall not be altered unless such amendment is approved by the board. If such amendment is determined to be substantial, the board may require that a new site plan be submitted. (Ord. 1146 § 2, 1998)
17.36B.080 Dedication.
A site plan shall not be finally approved until or concurrent with a dedication of required rights-of-way, easements and land. (Ord. 1146 § 2, 1998)
17.36B.090 Development.
Development permits, including grading permits and building permits, may be issued concurrently with site plan approval, but all such permits shall require a certificate of occupancy under the UBC for use and no such certificate shall be issued unless all dedications and public facilities and services necessary to serve the project and other improvements called for by the site plan are complete and have been accepted by the city, or adequately guaranteed for timely completion through bonds approved by the public works director. (Ord. 1146 § 2, 1998)
17.36B.100 Duration of approval.
(1) Approval of a binding site plan shall be effective for a period of between two and 10 years from the date of approval by the board on such terms and interim milestones as the board may deem appropriate. During this time the terms and conditions upon which approval was given will not be changed without the approval of the board.
(2) Whenever a planned use of a land is to be implemented in phases over a period of more than three years, the applicant may submit an application requesting review and approval of a phased development plan. Approval may be granted for an extended period of development upon finding that such plan is of sufficient flexibility to vary with changing circumstances and that such approval is in the public interest. Such application shall outline and such approval shall specify with particularity which aspects of the site plan are vested and which are subject to subsequent changes in city or other standards or regulations. The approval of such phased plan shall identify the duration of the approvals granted. (Ord. 1146 § 2, 1998)
17.36B.110 Issuance of decision and appeal.
(1) The decision of the site plan review board shall be in a written format that clearly indicates findings required by WMC 17.36.060. Notice of the decision shall be provided by first class mail to the applicant and any other persons requesting such notice. The site plan review board’s decision shall be final on the date of issuance for purposes of appeal.
(2) Any aggrieved person may appeal the decision of the site plan review board regarding decisions that qualify under State Laws of 2003, Chapter 393, Section 3 (formerly known as ESB 5776) as it currently exists or is hereinafter amended to the hearing examiner pursuant to Chapter 2.26 WMC within 14 calendar days from the date of the decision. The hearing examiner shall conduct an open record appeal hearing and issue a decision as provided in WMC 2.26.050. The decision of the hearing examiner may be appealed to the Westport city council as provided in WMC 2.26.070.
(3) In all other respects, this chapter shall remain unchanged. (Ord. 1301, 2003; Ord. 1146 § 2, 1998)
17.36B.120 Design standards and improvements.
All site plans are subject to and shall comply with those construction and facility improvement standards set forth in city development standards or as may be approved through the PUD process. (Ord. 1146 § 2, 1998)
17.36B.130 Increased public service standards, roads, sewer, water, stormwater.
If a building or occupancy permit is sought after final site plan approval which would result in a greater density or different use than that approved for the original development, higher public services may be required as a result. The building permit shall not be granted until the public services serving the lot are built to the higher standard or an agreement and bond to guarantee such construction is accepted by the city. (Ord. 1146 § 2, 1998)
17.36B.140 Waiver of standards and provisions.
To invite innovative design within a PUD, when a proposed site plan would conflict with any engineering standard or provision of the city development code pertaining to sewer, water, road, or stormwater standards, the board may modify such standard or provision upon finding that the proposal is consistent with sound engineering practices, the proposal will better serve the PUD than the city standards, and the city will not otherwise be harmed by the change. (Ord. 1146 § 2, 1998)
17.36B.150 Noncompliance with site plan.
Development of the area subject to the approved site plan shall conform with the approved site plan. Any development, use, or density which fails to substantially conform to the site plan as approved by the board constitutes a violation of this chapter. The city may order stop work on any such violation and may decline to issue any approvals or permits within the plan area until the violation is corrected. (Ord. 1146 § 2, 1998)
17.36B.160 Effect of approval.
A binding site plan shall be governed by the terms of approval of the final plan for a period not less than five years. Approved lots in a binding site plan shall be a valid land use notwithstanding any change in zoning for a period of five years from the effective date of the final decision approving the binding site plan. A final plan shall vest the lots within such plan with a right to hookup to sewer and water for a period of five years after the date of recording of the final plan. Thereafter, hookup to sewer and water shall be available on a first-come, first-served basis as measured by the date of application for building permits, and subject to adequate capacity being available in the system. (Ord. 1146 § 2, 1998)
17.36B.170 Violation.
Any use of land which requires site plan review and approval as provided in this chapter for which approval is not obtained constitutes a violation of this chapter. Where a violation is determined to occur, the city may (1) issue a stop work notice until the violation is cured, (2) refuse to issue any permit or approval on the site until the violation is cured, and/or (3) take such other steps as authorized by the city code, State Building Code, and/or the laws of the state of Washington. (Ord. 1146 § 2, 1998)