Chapter 16.15
INDUSTRIAL - COMMERCIAL BINDING SITE PLANS
Sections:
16.15.010 Binding site plan option.
16.15.020 Site plan requirement.
16.15.030 Presubmission conference.
16.15.040 Application content.
16.15.050 Review.
16.15.060 Findings and conclusions.
16.15.070 Amendment.
16.15.080 Dedication.
16.15.090 Development.
16.15.100 Duration of approval.
16.15.110 Appeals.
16.15.120 Design standards and improvements.
16.15.130 Increased public service standards, roads, sewers, water, stormwater.
16.15.140 Waiver of standards and provisions.
16.15.150 Noncompliance with site plan.
16.15.160 Violation and penalties.
16.15.170 Notice.
16.15.180 Recording.
16.15.010 Binding site plan option.
In lieu of subdivision approval, a subdivider or developer of commercially or industrially zoned property may choose to request approval of a binding site plan pursuant to this chapter and RCW 58.17.035. [Ord. 1169, §1,VI,A, 2000]
16.15.020 Site plan requirement.
Site plan review and approval is required prior to the use of land for the location of any commercial or industrial building. [Ord. 1169, §1,VI,B, 2000]
16.15.030 Presubmission conference.
Prior to applying for site plan approval, an applicant may request a presubmission
conference. Such presubmission review shall not be binding upon either party. [Ord. 1169, §1,VI,C, 2000]
16.15.040 Application content.
Each application for site plan approval shall contain ten 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 three hundred 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 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) 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) 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. 1169, §1,VI,D, 2000]
16.15.050 Review.
The site plan review committee shall include representatives of the community development department’s planning and health department’s environmental services divisions, the public works department (positions with stormwater management and traffic engineering expertise), and the Lewis County planning commission (the “committee”). The committee shall review the proposed site plan for compliance with the provisions of this chapter and other applicable laws and regulations. The committee may require additional information necessary for such review. The committee shall determine whether the proposed use is served and makes adequate provision for the public health and safety. The committee shall approve with or without conditions, deny or return the application to the applicant for modification or correction within 30 days, unless the committee makes written findings that a specific amount of additional time is needed for processing. The decision of the committee shall be final and subject to review under LCC 16.15.110. Applications shall not be deemed complete for purposes of review until all of the information in LCC 16.15.040 and such other information as may be requested by the committee has been submitted. All committee decisions shall be submitted in writing. [Ord. 1174A § 3, 2001; Ord. 1169, §1,VI,E, 2000]
16.15.060 Findings and conclusions.
A proposed binding site plan and any dedication shall not be approved unless the committee makes written findings that:
(1) Appropriate provisions are made for the public health and safety, and for such open spaces and drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and where applicable parks and recreation, playgrounds, schools and school grounds, 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. [Ord. 1169, §1,VI,F, 2000].
16.15.070 Amendment.
A site plan approved by the committee shall not be altered unless such amendment is approved by the committee. If such amendment is determined to be substantial, the committee may require that a new site plan be submitted. The committee shall not act on any amendment for at least 15 days to provide for a comment period following publication of notice of receipt of the amendment in the East County Journal and Centralia Chronicle to provide for a comment period. [Ord. 1169, §1,VI,G, 2000]
16.15.080 Dedication.
(1) The committee may require dedication of land to a public body and/or provision of public improvements to serve the binding site plan as a condition of binding site plan approval. Dedication shall be clearly shown on the plan.
(2) A site plan shall not be finally approved until or concurrent with a dedication of any required rights-of-way, easements, and land. [Ord. 1169, §1,VI,H, 2000]
16.15.090 Development.
Development permits, including building permits, may be issued concurrently with site plan approval, but all such permits shall require a certificate of occupancy under the IBC 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 county, or adequately guaranteed for timely completion through bonds approved by the public works director. [Ord. 1169, §1,VI,I, 2000]
16.15.100 Duration of approval.
(1) Approval of a binding site plan shall be effective for a period of between two and ten years from the date of approval by the Committee on such terms and interim milestones as the Committee may deem appropriate. During this time the terms and conditions upon which approval was given will not be changed without the approval of the Committee.
(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 county or other standards or regulations. The approval of such phased plan shall identify the duration of the approvals granted. [Ord. 1169, §1,VI,J, 2000]
16.15.110 Appeals.
(1) Any decision of the Committee may be appealed to the hearing examiner within ten (10) days of the date of the written decision by the Committee in accordance with LCC 2.25.130. The hearing examiner may reverse or affirm wholly or in part the decision of the Committee. Those aggrieved by the decision of the hearing examiner may appeal such decision to the superior court under Chapter 2.25 LCC. The cost of transcription of any records ordered certified for such review shall be borne by the applicant for such review.
(2) In the event the Committee fails to issue a written decision in accordance with the requirements of 16.15.050, the applicant may, with 10 days written notice to the Committee, demand an open record public hearing on the application. Upon receipt of such demand, the Committee shall issue a final decision within 10 days or publish a 10-day notice of the public hearing for the next available hearings examiner date. [Ord. 1169, §1,VI,K, 2000]
16.15.120 Design standards and improvements.
All site plans are subject to and shall comply with those construction and facility improvement standards set forth in county development standards. [Ord. 1169, §1,VI,L, 2000]
16.15.130 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 Committee. [Ord. 1169, §1,VI,M, 2000]
16.15.140 Waiver of standards and provisions.
To invite innovative design, when a proposed site plan would conflict with any engineering standard or provision of the county development code pertaining to sewer, water, road, or stormwater standards, the Committee may modify such standard or provision upon finding that the proposal is consistent with sound engineering practices, the proposal will better serve the County interests than the county standards, and the county will not otherwise be harmed by the change. The Committee’s decision to accept a change is discretionary. [Ord. 1169, §1,VI,N, 2000]
16.15.150 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 Committee constitutes a violation of this chapter. The county 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. 1169, §1,VI,O, 2000]
16.15.160 Violation and penalties.
Any person, firm, corporation, or association, or agent thereof, who violates any provision of this chapter shall be subject to the penalties in LCC 1.20.020 & -.040, and general provisions of Chapter 1.20 LCC. [Ord. 1169, §1,VI,P, 2000]
16.15.170 Notice.
The Community Development Department Director shall maintain a roster of pending cases and shall provide notice of any convening of the of the Committee and its agenda to a person who has requested such notice in writing. [Ord. 1169, §1,VI,Q, 2000]
16.15.180 Recording.
Final binding site plans shall be recorded in the manner of and in the same format as a final plat. [Ord. 1169, §1,VI,R, 2000]