Chapter 18.110
COMMERCIAL SITE DEVELOPMENT PERMITS

Sections:

18.110.010    Purpose.

18.110.020    Applicability.

18.110.030    Complete application.

18.110.040    Public comments.

18.110.050    Application of development standards.

18.110.060    Approval.

18.110.070    Financial guarantees.

18.110.080    Limitation of permit approval.

18.110.090    Modification to an approved permit.

18.110.100    Administrative rules.

18.110.010 Purpose.

(1) The purpose of this chapter is to establish a comprehensive site review process of proposed commercial, industrial, mineral or multifamily development, excluding single-family residences, resulting in a permit which can combine any or all of the following:

(a) Site development requirements specified prior to building and/or grading permit applications.

(b) Site review and application of rules and regulations generally applied to the whole site without regard to existing or proposed internal lot lines.

(c) Site development coordination and project phasing occurring over a period of years.

(d) Evaluation of commercially industrial, mineral and multifamily zoned property for the creation or alteration of lots when reviewed concurrently with a binding site plan application.

(2) Review and approval procedures shall be in accordance with applicable Washington State and City of Covington laws, rules and regulations, including permit processing procedures required by Chapter 14.30 CMC, and shall be subject to fees as set forth in the current fee resolution. (Ord. 20-07 § 132; Ord. 42-02 § 2 (21A.41.010))

18.110.020 Applicability.

(1) An application for commercial site development permit shall be submitted for all commercial, industrial or multifamily development projects on sites consisting of one or more contiguous lots legally created and zoned to permit the proposed uses.

(2) A commercial site development permit is separate from and does not replace other required permits such as conditional use permits or shoreline substantial development permits. A commercial site development permit may be combined and reviewed concurrently with other permits. (Ord. 42-02 § 2 (21A.41.020))

18.110.030 Complete application.

A complete application for site development review must include, but not be limited to, the items listed in subsections (1) through (9) of this section:

(1) A completed application on a form supplied by the Department.

(2) A water and sewer availability certificates as provided by the appropriate service purveyor.

(3) A transportation concurrency certificate as provided by the Director of Community Development.

(4) A completed environmental checklist, unless categorically exempt.

(5) A list of names and mailing addresses of property owners of all property within 1,000 feet of the exterior boundaries of subject site and any contiguous property under the same ownership.

(6) A property owner declaration.

(7) Affidavit concerning sensitive area compliance.

(8) Legal description.

(9) The following drawings, with dimensions, at a scale of one inch equals 30 feet, unless otherwise approved by the Director.

(a) Site Review.

(i) Site plan showing the location and size of all proposed structures, and existing structures to remain, buffer areas, setbacks, open spaces, common areas or plazas, walkways and parking areas, all abutting streets, contours at five-foot intervals, a north arrow and the scale.

(ii) Pedestrian circulation plan showing the location and dimensions of all sidewalks, walkways, plazas and pedestrian areas, including disabled accessibility routes of travel. Indicate likely pedestrian-oriented trip origins and destinations and indicate methods of connection.

(iii) Building elevations of all structures including, but not limited to, elevations, trim details, dimensions, the materials proposed for the roof, siding and windows.

(iv) Paving plan describing all pedestrian and vehicular paving materials, including type, color, texture, and the locations of travel detectable warnings as required by Washington State barrier free requirements.

(b) Engineering Review.

(i) Clearing, grading and drainage plan including, but not limited to, the location of all trees having a diameter of four inches or more and indicating which trees are to be retained. The plan must also show all streams, marshes and other natural features; cuts and fills; retaining walls; and the method of retaining all surface water on-site, in accord with the adopted surface water design manual.

(ii) Utility plan showing the existing/proposed location of all utility lines necessary to serve the development, and their relation to landscape and buffer areas and natural features.

(iii) Contour map at two-foot intervals indicating existing and proposed grades, unless waived by the Department.

(iv) Parking plan.

(v) Landscape plan listing the type, size, species and spacing of all landscaping to remain and all new landscaping pursuant to all City landscape, tree and design ordinances.

(vi) Irrigation plan showing the method of irrigation of all vegetation.

(vii) Exterior lighting plan showing the location of all existing/proposed lighting features other than those to be installed on the structure.

(viii) Utility screening plan showing the type, color, location and specifications of all fencing and landscape screening.

(ix) Outdoor furniture and accessory plan showing the type, color and location of all outdoor furniture, trash receptacles and other outdoor accessories.

(x) Master sign plan showing the approximate size, height, location, color, material, etc., of all existing/proposed signs.

(xi) Fire protection system locations and access including proposed fire lanes, fire hydrants, fire Department connections, building construction type and sprinkler system designation. (Amended at request of department 2/08; Ord. 04-08 § 5; Ord. 42-02 § 2 (21A.41.030))

18.110.040 Public comments.

All public notification and comment periods shall be in accord with the provisions of Chapter 14.30 CMC. (Ord. 42-02 § 2 (21A.41.050))

18.110.050 Application of development standards.

(1) An application for site development permit shall be reviewed pursuant, but not limited, to this section, Chapter 43.21C RCW, SEPA, as implemented by Chapter 197-11 WAC; Chapter 13.25 CMC, Surface Water Runoff; Chapter 12.60 CMC, City of Covington Street Standards; design and construction standards and specifications, Chapter 15.05 CMC, grading; Chapter 15.20 CMC, Fire Code; Chapter 16.10 CMC, environmental procedures; CMC Title 18, Zoning; KCC Title 25 (adopted by Chapter 16.05 CMC), Shoreline Management; administrative rules City tree ordinance; King County Board of Health rules and regulations; City approved utility plans; and compliance with the Covington design manual.

(2) Lot-based standards, such as internal circulation, landscaping signage and setback requirements, are typically applied to each individual lot within the site. However, the Director may approve an application for commercial site development where such standards have been applied to the site as if it consisted of one parcel. Lot-based regulations shall not be waived altogether.

(3) The Director may modify lot-based or lot line requirements contained within the building, fire and other similar uniform codes adopted by the City, provided the site is being reviewed concurrently with a binding site plan application. (Ord. 20-07 § 133; Ord. 42-02 § 2 (21A.41.060))*

*Code reviser’s note: The 2002 Design and Construction Standards and Specifications, as adopted by Ordinance 44-02, may be found on file at the City Clerk’s Office.

18.110.060 Approval.

(1) The Director may approve, deny, or approve with conditions an application for a commercial site development (Type II). The decision shall be based on the following factors:

(a) Conformity with adopted City and State rules and regulations in effect on the date the complete application was filed, including but not limited to those listed in CMC 18.110.050.

(b) Consideration of the recommendations or comments of interested parties and those agencies having pertinent expertise or jurisdiction, consistent with the requirements of this title.

(2) Subsequent permits for the subject site shall be issued only in compliance with the approved commercial site development plan. Additional site development conditions and site review will not be required for subsequent permits provided the approved plan is not altered.

(3) Approval of the proposed site development permit shall not provide the applicant with a vested right to build without regard to subsequent changes in the building and fire codes.

(4) The Director shall mail a copy of the decision to the applicant and any other person who has presented written comment to the Department. (Ord. 42-02 § 2 (21A.41.070))

18.110.070 Financial guarantees.

Performance guarantees consistent with the provisions of CMC Title 14 may be required to assure that development occurs according to the approved plan. If required, said guarantees, including type and amount, are subject to review and approval by the Finance Director and City Attorney. (Ord. 20-07 § 134; Ord. 42-02 § 2 (21A.41.080))

18.110.080 Limitation of permit approval.

(1) A site development permit approved without a phasing plan shall be null and void if the applicant fails to file a complete building permit application(s) for all buildings within three years of the approval date, or by a date specified by the Director; and fails to have all valid building permits issued within three years of the site development permit approval date.

(2) A site development permit approved with a phasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan.

(3) A site development permit approved without a building permit shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved plan. If no time schedule is specified in the approved plan, then the applicant has one year to obtain a valid business licence.

(4) The City Council may approve up to two one-year extensions of the above stated limits if the applicant can show good faith progress, a justifiable basis for delay not occasioned by the applicants own action or failure to act, and that the extension is reasonably necessary to complete the project. Requests for extension must be submitted in writing to the Director, at least 10 days prior to the permit expiration date. Said request shall explain in detail the circumstances surrounding the request. (Ord. 42-02 § 2 (21A.41.100))

18.110.090 Modification to an approved permit.

A subsequent building permit application may contain minor modifications to an approved commercial site development plan provided a modification: does not increase the building floor area by more than 10 percent; does not increase the number of dwelling units; does not increase the total impervious surface area; provided, that relocatable facilities for schools shall be exempt from this restriction; does not result in an insufficient amount of parking and/or loading; does not locate buildings outside an approved building envelope; provided, that relocatable facilities for schools shall be exempt from this restriction; does not change the number of ingress and egress points to the site; does not significantly increase the traffic impacts of peak hour trips to and from the site; does not significantly increase the quantity of imported or exported materials or increase the area of site disturbance. The Director has sole discretion to approve, deny or modify any request. Modifications, which exceed the conditions of approval as stated in this section and require a new review as determined by the Director shall only be accomplished by applying for a new commercial site development permit for the entire site. The new application shall be reviewed according to the laws and rules in effect at the time of application. (Ord. 42-02 § 2 (21A.41.110))

18.110.100 Administrative rules.

The Director may promulgate administrative rules and regulations to implement the provisions and requirements of this chapter. (Ord. 42-02 § 2 (21A.41.120))