Chapter 21.83 TYPE 2 ADMINISTRATIVE DISCRETIONARY DECISIONS

Chapter 21.83
TYPE 2 ADMINISTRATIVE DISCRETIONARY DECISIONS

Sections:

21.83.010 Administrative conditional use permit.

21.83.020 Design review Type 2.

21.83.030 Shoreline substantial development permit.

21.83.040 Site plan review Type 2.

21.83.010 Administrative conditional use permit.

(1) Applicant. Any owner may apply for an administrative conditional use permit.

(2) Applicability. An administrative conditional use permit is required for uses and activities that are:

(a) Listed or referenced as requiring a conditional use permit; and

(b) Involving one or more of the following:

(i) Nonresidential construction of new or conversion of existing space involving fewer than 5,000 square feet of total gross floor area, excluding accessory off-street parking structures; or

(ii) New construction involving fewer than five dwelling units on R-1 through R-8 zoned properties; or

(iii) New construction involving fewer than 10 dwelling units on all other zoned properties.

(3) Procedures. An administrative conditional use permit application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve an administrative conditional use permit if the following criteria are satisfied:

(a) The use complies with the adopted goals and policies set forth in the Comprehensive Plan;

(b) The use is designed in a manner compatible with the character and appearance of existing development nearby the subject property;

(d) The use will have no materially detrimental effects on neighboring properties caused by excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

21.83.020 Design review Type 2.

(1) Applicant. Any owner may apply for a design review.

(2) Applicability.

(a) A design review Type 2 is required for the following that additionally meet one or more of the development thresholds set forth in subsection (2)(b) of this section:

(i) All new construction and any alterations that affect the exterior appearance to a building within the Central Business District, Office, Tourist Business, General Business and Neighborhood Business zones, which shall be subject to the design standards set forth in Chapter 21.33 WMC;

(ii) All new construction and any alterations that affect the exterior appearance to a building within the Industrial and Tourist Industrial zones, which shall be subject to the design standards adopted in Chapter 21.34 WMC;

(iii) All new construction and any alterations that affect the exterior appearance of a building within the Residential R-1 through R-48 zones, which shall be subject to the design standards set forth in Chapter 21.35 WMC as applicable.

(b) Development Thresholds Requiring Design Review Type 2.

(i) Nonresidential construction involving 30,000 square feet or more of new gross floor area, excluding accessory off-street parking structures;

(ii) Multifamily and townhome residential developments involving 15 or more new dwelling units;

(iii) Exterior modifications to existing nonresidential buildings where:

(A) The exteriors of all buildings being modified add up to 20,000 square feet of gross floor area or more, excluding off-street parking structures; and

(B) At least 50 percent of any one building’s facade facing towards streets and public areas is modified during any three-consecutive-year period, excluding painting.

(3) Procedures. A design review Type 2 application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a design review Type 2 if the proposal is consistent with all applicable design standards, as adopted in the Woodinville Municipal Code.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to an approved design review Type 2 decision shall be processed as Type 1 decisions unless the amendment is a substantial modification in which case the amendment is processed as a Type 2 decision. (Ord. 737 § 32, 2022; Ord. 706 § 47 (Att. A), 2020)

21.83.030 Shoreline substantial development permit.

(1) Applicant. Any owner may apply for a shoreline substantial development permit.

(2) Purpose. The purpose of a shoreline substantial development permit is to regulate development and uses of water bodies and associated upland areas consistent with the Woodinville Shoreline Master Program.

(3) Applicability. A shoreline substantial development permit is required for activities and uses defined as development pursuant to RCW 90.58.030(3)(a) and located within the shoreline jurisdiction as defined by the Shoreline Management Act, provided the development does not qualify for an exemption under WMC 21.82.090.

(4) Procedures. A shoreline substantial development permit is processed as a Type 2 decision consistent with WMC 21.80.050.

(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.070, an application for a shoreline substantial development permit shall include the following:

(a) A site plan drawing having the following:

(i) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

(ii) Identification of the shoreline water body;

(iii) A general description of the property as it now exists, including physical characteristics and improvements and structures;

(iv) A general description of the vicinity of the proposed project, including identification of adjacent uses, structures and improvements, intensity of development and physical characteristics;

(v) Identification of the ordinary high-water mark:

(A) This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high-water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan;

(B) Where the ordinary high-water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline;

(vi) Existing and proposed land contours with minimum two-foot elevation intervals;

(vii) A general description of the character of vegetation found on the site;

(viii) The dimensions and locations of all existing and proposed structures and improvements;

(b) A landscaping and/or restoration plan, as applicable;

(d) Quantity, source and composition of all fill material that is placed on the site whether temporary or permanent;

(e) Quantity, composition and destination of all excavated and/or dredged material; and

(f) Additional submittal information set forth in the Woodinville Shoreline Master Program for the use.

(6) Criteria for Approval. The decision authority may approve a shoreline substantial development permit if the following criteria are satisfied:

(a) The proposed development is consistent with the policy and provisions of the State Shoreline Management Act of 1971 (Chapter 90.58 RCW);

(b) The proposed development is consistent with the State Shoreline Management Permit and Enforcement Procedures (Chapter 173-27 WAC); and

(7) Conditions of Approval. The decision authority may attach such conditions as to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Woodinville Shoreline Master Program.

(8) Revisions to Permit. Revisions to a substantial development permit shall be pursuant to WAC 173-27-100. (Ord. 706 § 47 (Att. A), 2020)

21.83.040 Site plan review Type 2.

(1) Applicant. Any owner may apply for a site plan review.

(2) Purpose. Site plan review assesses development plans to identify environmental impacts and compliance with applicable development regulations including but not limited to zoning, critical area and engineering standards. Site plan review Type 2 is a preliminary review of larger developments and does not constitute approval to develop a site.

(3) Applicability. Site plan review Type 2 is required for all new development, expansion of existing structures, or other exterior site improvements that will modify the physical conditions of a site involving at least one of the following:

(a) Nonresidential construction of 5,000 square feet or more of new gross floor area;

(b) Multifamily and/or townhome residential construction of 10 or more dwelling units;

(d) Construction of any surface or structured parking facility on vacant land or expanding the surface area of existing parking with 20 or more new parking spaces; or

(e) Any phased development where the total construction during any eight-consecutive-year period after the first construction permit is issued that meets the development thresholds set forth in subsections (3)(a) through (d) of this section.

(4) Procedures. A site plan review Type 2 application is processed as a Type 2 decision consistent with WMC 21.80.050.

(5) Decision Criteria. The decision authority may approve a site plan review Type 2 if the development is consistent with all applicable development regulations, as adopted in the Woodinville Municipal Code.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(7) Revisions. Amendments to an approved site plan review Type 2 decision shall be processed as Type 1 decisions unless the amendment is a substantial modification in which case the amendment is processed as a Type 2 decision. (Ord. 706 § 47 (Att. A), 2020)