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ORD 96-14 SITE PLAN & DESIGN REVIEW PROCESSMarch 13, 1996 ORDINANCE NO. 96-14 AN ORDINANCE of the City of Bainbridge Island; Washington, relating to establishing a Site Plan and Design Review Process by amending Sections 18.105.010, 18.105.020, 18.105.030, 18.105.040, 18.105.050, 18.105.060, 18.1.05.080, 18.105.100, 18.105.110; adding Sections 18.105.035, 18.105.065; and repealing Sections 18.105.070 and 18.105.090 of the Bainbridge Island Municipal Code. ' WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, establishing goals and policies for the Winslow commercial and mixed use districts and; WHEREAS, in accordance with RCW 36.70A, the Growth Management Act, development regulations must be adopted that implement the Plan; WHEREAS, the Comprehensive Plan directs the City to provide attractive, conveniently located, commercial development that is appropriate in scale, configuration, and location; and WHEREAS, ESHB 1724 establishes timeframes and procedures for permit review; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN, as follows: Section 1: The chapter heading of Chapter 18.105 of the Bainbridge island Municipal Code is amended as follows: Chapter 18.105 SITE PLAN AND DESIGN REVI/gW SECTION 2: Section 18.105.010 of the Bainbridge Island Municipal Code is amended as follows: 18. 105.010 Purpose. A. The purpose of the site plan review is to examine specific land use proposals for adherence to state and municipal codes and compatibility with the comprehensive plan. If the imposition of conditions will not make a specific proposal conform to codes and the comprehensive plan, the specific proposal will be denied. A. The purpose of this section 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. 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. C._~. Intent of review: 1. tThis chapter is to provides two Wlges methods of site plan and design Administrative review for a minor project which can clearly meet the decision criteria in 18. 105.060, as determined by the Director, such as (a) a fourplex multifamily development (exempt under SEPA), (b) a minor commercial remodel (also exempt under SEPA), or the addition of a small room, .and (c) a minor change in use, such as from a church to a preschool; and - 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 1 above, due to site constraints or due to the complexity of the project, or Co) 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. Planning agency review for projects (a) arc not exempt undcr SEPA, (b) that arc not considered minor by the director, or (c) for all new nonresidential construction. SECTION 3: Section 18.105.020 of the Bainbridge Island Municipal Code is amended as follows: 18.105.020 Applicability of site plan review. Site plan rcvicws are required for multifamily and nonresidential devclopments. (Ord. 92 08 "U '~ 1992) A. A site plan and design review permit shall be required prior to the issuance of final construction permits in any of the following circumstances: New construction - construction of a buildin~ or other structure, excluding permits authorizing residential construction for detached single family residential use, and accessory. dwelling units. Expansion, remodel, or exterior alteration of any buildina or other structure by more than 5 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. Change of use. Exemptions Any activity which does not require a building permit and is not considered a change in use. Any activity on the exterior of a building which does not exceed 5 % of the structure's total cost or fair market value, whichever is higher, as determined by the Building Official. Interior work which does not alter the exterior of the structure or effect parking standards by increasing floor area. Normal buildin~ maintenance including the repair or maintenance of structural members. SECTION 4: Section 18.105.030 of the Bainbridge Island Municipal Code is amended as follows: 18.105.030 Permit required. No person, f'n-m or corporation shall locate or expand a use for which a site plan and design review permit is required without first obtaining an approved site plan and design review permit and paying the appropriate fee as established by the city by resolution. SECTION 5: A new section 18.105.035, entitled "Development Review Committee" is added to the Bainbridge Island Municipal Code as follows: 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. SECTION 6: Section 18.105.040 of the Bainbridge Island Municipal Code is amended as follows: 18. 105.040 Application procedure. The city shall process site plan review applications in accordance with the following procedures. A. The applicant may submit preliminary materials, plans and an appropriate fee as established by the city by resolution to the department for consideration at a pro application conference at which time: t. Specific documents and materials in addition to the minimum will be requested, 2. The department will determine whether the proposal probably requires administrative or agency review. a. Administrative review may be performed for minor projects, as determined by the director or alesignet, such as (i) fourplex multifamily developments that arc exempt under SEPA, (ii) minor commercial remodels that arc exempt Under SEPA,-or (iii) a minor change in use. b. Agency review shall be required for projects that are not exempt under SEPA, that arc not considered minor by the director, and for all new nonresidential construction. B. An application shall bc submitted with all required documentation, materials and fees to the department. C. The department shall finally determine whether the application shall receive administrative or agency review. D. A staff report shall be prepared and delivered for approval or disapproval to the director or agency chair. E. If under administrative review, the director shall approve or disapprove the application. F. If under agency review, the agency chair shall schedule the proposal for the next available meeting for approval or disapproval. G. An), person aggrieved by the decision of the department or agency may file an appeal to the hearing examiner in accordance with Chapter 2.16. The Ci.ty 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 permit processing, an applicant for a site plan and design review permit shall meet with the Development Review Committee at a required preapplication conference in accordance with the purpose and procedures of BIMC Chapter 2.16.035. 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. 2~ Within 14 days of a preapplication conference, the Development Review Committee shall notify the applicant in writin.~ whether the proposal will likely require Plannin~ Commission review. B_=. An applicant may submit an application for a site plan and design review permit at any time after completion of a required preapplication conference. The applicant shall submit a complete application as specified in section 18.105.050, below. ldpon receipt of a complete application, the Director shall ~i~! notice ~ 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. Application Review L 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 a application is made by the Director. a_.. Upon receipt of a complete application, the Director may determine, based on the complexity of the prop6sal, that it is appropriate that the DRC review the application. The DRC shall consider the application at a meetin~ 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, Section 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 beth 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 along with the DRC recommendation to the Plannin~ Commission. d_=. The Planning Commission shall review the application in relationship to the Directors 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 E. eo The Director following: i. will make the final decision based on the 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, section 18.105.060. 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 Section 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 2., as appropriate, and forward the findings and decision to the appropriate hearing body for any required public hearing. SECTION 7: Section 18.105.050 of the Bainbridge Island Municipal Code is amended as follows: 18.105.050 Submittal Requirements A. An application for a site plan and design review permit shall be filed with the Department of Planning and Community Development on forms prescribed by that office. All applications shall be accompanied by filing fees as required by resolution, and shall include, but are not limited to, the following documents: A. A site plan application and fee shall be filed with the dcpartmcnt by the owner or authorized agent of the land for which the permit is sought. B. Required information shall includc but shall not be limited to: The legal description of the property, tax lot nuxnber and vicinity map; A complete and detailed written statement of the intended use of the land and the sequence and timing of the proposed development; Affidavit of the ownership or of substantial beneficial interest in the subject property; Vicinity map: Scale drawings of the property indicating: a. Noah point and graphic scale, b. Boundaries, easements, and ownerships as set forth in the legal 6 description, and easements on adjacent properties, c. Topography at appropriate contour intervals, d. Existing structures and improvements, e. Existing vegetation including all trees over six inches in diameter, watercourses, other natural features, and enviromnentally sensitive areas, f. Proposed improvements, g. Utilities plans, h. Circulation plans on and off the site, including pedestrian, bicycle and transit access, i. Landscaping plans, j. Other plans and drawings deemed necessary for evaluation, and k. All adjacent streets and rights-of-ways; 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. _84. The terms, conditions, covenants, and agreements under which the subject property is bound, if any; _98. An environmental checklist when required by the State Environmental Policy Act, codified at Chapter 16.04; and 1_._~. A statement regarding proposed dedication of trails and parks if required by Chapter 17.08. 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 at the preapplication conference to be unnecessary for review of an application. SECTION 8: Section 18.105.060 of the Bainbridge Island Municipal Code is amended as follows: 18. 105.060 Decision criteria. The site plan application may be approved or approvcd with conditions if: A. The site plan is in conformance with the comprehensive plan and zoning ordinance; B. The locations of the buildings and structures, open spaces, landscaping and pedestrian and vehicular circulation systems are adequate, safe and efficient; C. The proposal will bc served by adequate public facilities including roads, transit, water, fire protection, sewage disposal facilities and storm' drainage facilities; D. The proposal is of scale and design that is similar to neighboring structures; and E. No harmful or unhealthful conditions are likely to result from the proposed site plan. 7 The Development Review Committee (DRC), Director, and Planning Commission shall base their respective recommendation or decision on a proposed site plan and design review application on the following criteria: Do E, The site plan and design is in conformance with the Bainbridge Island Municipal Code (BIMC); The locations of the buildings and structures, open spaces, landscaping, pedestrian, bicycle and vehicular circulation systems are adequate, safe and efficient; The proposal will be served by adequate public facilities including roads, transit, water, fire protection, sewage disposal facilities and storm drainage facilities; The site plan and design is consistent with the Design Guidelines, Chapter 18.41 of the BIMC, if applicable; The proposal is of scale and design that is similar to neighboring structures; and No harmful or unhealthful conditions are likely to result from the proposed site plan. The site plan and design is in conformance with the comprehensive plan and other applicable adopted community plans. SECTION 9: A new section 18.105.065, entitled "Action of Director" is added to the Bainbridge Island Municipal Code as follows: 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. SECTION 10: Section 18.105.070 is repealed from the Bainbridge Island Municipal Code. SECTION 11: Section 18. 105.080 of the Bainbridge Island Municipal Code is amended as follows: 18.105.080 Effect of approved site plan and design review permit. No building or development of any sort shall occur contrary to the approved site plan and design review permit except as follows: A. Minor adjustments to an approved conditional use pcrmit site plan and design review permit 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 desien review permit require an new or amended application as determined by the Director., therefore a major adjustment must be processed in accordance with Section 18.105.0/10. Major adjustments are those that change the basic design, intensity, density, use and the likd. (Ord. 92-08 "U 2, 1992) SECTION 12: Section 18. 105.090 is repealed from the Bainbridge Island Municipal Code. SECTION 13: Section 18.105. 100 of the Bainbridge Island Municipal Code is mended as follows: 18.105.100 Expiration and Extension. The department may extend site plan approval once for a period not to exceed one year if the applicant demonstrates that: A. The extension request is received by the dcpartmcnt no later than 30 days frrior to the expiration of the permit; B. Unforeseen circumstances or conditions necessitate the extension of thc permit; C. Termination of the permit would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and D. An extension of the permit will not cause substantial detriment to existing uses in the immediate vicinity of the subject property. (Ord. 92 08 "U 2, 1992) A. The site plan and design review permit is valid for a period of three (3) years from the written notice of the final decision, or the decision on an appeal, whichever is later. Site plan and design review permits involving a preliminary subdivision or a planned unit development are valid for a period of five (5) years from the written notice of the f'mal 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 permit. The extension request must be received by the department no later than 30 days prior to the expiration of the permit. SECTION 14: Section 18.105.110, "Revocation of an approved site plan. "of the Bainbridge Island Municipal Code is reapealed. SECTION 15: A new section 18. 105. 120, entitled "Appeal" is added to the Bainbridge Island Municipal Code as follows: 18.105.130 Appeal The applicant or any aggrieved party, may appeal a final decision of the Director to the Hearing Examiner, in accordance with Chapter 2.16. 130 of the BIMC. 9 Section 16: A new Table 18.105.140 is added to the Bainbridge Island Municipal Code as follows: 10 SITE PLAN AND DESIGN REVIEW PROCESS PREAPPLICATION CONFERENCE with DRC APPLICATION SUBMITTAL '1 NOTICE OF COMPLETE APPLICATION - 28 days from receipt of application NOTICE OF APPLICATION - 14 day public comment period required PROJECT REVIEW AND SEPA REVIEW MINOR PROJECT REVIEW DRC REVIEW AND RECOMMENDATION DIRECTOR REVIEW 4 DIRECTOR DECISION AND SEPA DETERMINATION PLANNING COMMISSION REVIEW DRC REVIEW AND RECOMMENDATION DIRECTOR REVIEW AND DIRECTIVE TO PLANNING COMMISSION P. C. REVIEW AND RECOMMENDATION DIRECTOR DECISION AND SEPA DETERMINATION NOTICE OF DECISION & SEPA DETERMINATION Combined Public Notice with 15 day comment period and 21 day appeal period. Appeal to Heating Examiner Section 17: This ordinance shall take effect on and be in force five days from and after its passage, approval, and publication as required by law. PASSED by the City Council this 4thday of April ,1996. APPROVED by the Mayor this 5th day of April ,1996. Janet K. West, Mayor ATTEST/AUTHENTICATE: ~san P. Kasper, City Clerk APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLICATION: 4 / 10 / 9 6 POSTED: 4 / 10 / 9 6 EFFECTIVE DATE: 4 / 15 / 9 6 ORDINANCE NO.: 9 6 - 14 2/28/96 4/4/96 SPMARCH. 13