Chapter 15.390
REGIONAL RETAIL OVERLAY ZONE STANDARDS

Sections:

15.390.010    Purpose.

15.390.020    Regional retail overlay zone.

15.390.030    Uses, exceptions and limitations.

15.390.040    Master site plans for regional retail commercial projects – Special review process.

15.390.010 Purpose.

A.    The purpose of the regional retail overlay zone is to provide areas of land within the city that can accommodate the demand for new retail development in a way that preserves the community’s identity and does not detract from the vitality of the downtown core.

B.    The policies herein include measures to mitigate the impacts from development at the freeway interchanges without detracting from the existing businesses in the downtown historic district. Design standards as set forth in Chapter 15.390A ECC have also been incorporated to aid in creating an appropriate and attractive community entry at both interchanges. [Ord. 4769 § 15, 2017.]

15.390.020 Regional retail overlay zone.

The regional retail overlay zone is laid over the city’s existing zoning districts. Regardless of the underlying zoning district, regional retail commercial projects are permissible within the designated boundaries identified in Figure 15.390.040(A), the south interchange area, and Figure 15.390.040(B), the west interchange area. [Ord. 4769 § 15, 2017.]

15.390.030 Uses, exceptions and limitations.

A.    Uses within a regional retail commercial project must be consistent with its definition in ECC 15.130.180 and with the purpose statement of ECC 15.390.010. Permitted uses include those within the nonresidential use table (ECC 15.310.040) that fall within the categories of “retail,” “personal and general services,” and “business services.” Under the category of “business services” the use “office, business or professional” (of any size), as defined in ECC 15.130.150, is permitted within regional retail only if the business owner can demonstrate a direct relationship between the services being offered and an on-site retail component ancillary to the services. An example might be an optometrist’s office that not only offers medical services, but also offers a retail component by selling eyeglasses on site.

B.    Notwithstanding the foregoing, the following uses within the nonresidential use table (ECC 15.310.040) are not permitted within a regional retail commercial project: auto sales, farmers’ markets, heavy services, marijuana retailers, hospitals, kennels, nursing homes, places of assembly, and mini warehouse facilities, along with all uses in the category of “industrial.”

C.    The maximum height limit for buildings located within an approved regional retail commercial master site plan is 50 feet. [Ord. 4769 § 15, 2017.]

15.390.040 Master site plans for regional retail commercial projects – Special review process.

A.    Purpose. The purpose of this section is to provide procedures for the review and decision on master site plan applications for regional retail commercial projects.

B.    Application Submittal Requirements. In addition to the submittal requirements set forth in ECC 15.220.020(B), a complete master site plan application for regional retail commercial projects shall consist of the following:

1.    A SEPA checklist and payment of the appropriate SEPA application fee;

2.    A complete application form provided by the city, which shall include a title and location of the proposed development, together with the names, addresses and telephone numbers of:

a.    The recorded owners of the land and the applicant; and

b.    Any architect, planner, designer, or engineer responsible for the preparation of the plan;

3.    Payment of the appropriate application fee;

4.    A written description, corresponding to the site plan, addressing:

a.    The scope of the project;

b.    Location and gross floor area of each proposed structure;

c.    Category of permitted, conditional or accessory uses proposed in terms of square feet to be covered by impervious surfaces;

5.    A vicinity map showing:

a.    The site boundaries;

b.    Existing roads and accesses within and adjacent to the site; and

c.    Adjacent parcels, including current zoning and current uses thereof;

6.    A topographic map, at two-foot intervals, showing existing and proposed contours, with locations and classifications of any existing streams, wetlands, steep slopes and other natural features and/or critical areas;

7.    Plans drawn to a scale approved by the director as appropriate for the size of the project showing the general location and square footages of proposed uses, buildings, buffer areas, yards, open spaces and landscaped areas;

8.    A circulation plan drawn to a scale acceptable to the city engineer illustrating all access points for the site and the proposed size and location of driveways, streets and roads that have immediate impact on public rights-of-way, and the location and number of all off-street parking spaces;

9.    Plans for all utilities, including drainage and stormwater retention and detention;

10.    A statement demonstrating how the proposed plan is consistent with and implements the city of Ellensburg comprehensive plan, the land use designation under the comprehensive plan, and the criteria for approval as set forth below; and

11.    Building elevations and landscaping plans are not required for an application to be deemed complete; however, those final plans are required to be approved prior to issuance of any building or development permits for the project. If building elevation and landscaping plans are submitted subsequent to the master site plan application, those designs are subject to the statement requirements in subsection (B)(10) of this section.

C.    Procedures. Master site plans for regional retail commercial projects follow the general Type IV review process although they are exempt from the project permit timeline requirements in ECC 15.210.010(B) and are also subject to the following provisions:

1.    Concurrent Applications and Optional Consolidated Project Permit Application Processing.

a.    If an application for a regional retail commercial master site plan is related to a rezone, a subdivision application, a short subdivision application, or a binding site plan application (when in accordance with the provisions of ECC 15.260.180 and RCW 58.17.035(1)), upon the applicant’s written request for consolidation, there shall be one open record predecision public hearing before the hearing examiner, following which the hearing examiner shall make a recommendation on each of the consolidated matters to the city council. The city council shall then conduct a closed record public decision hearing on the hearing examiner’s recommendations. If an applicant requests that the city consolidate the review process for applications related to a regional retail commercial master site plan, the applicant must first sign a written waiver of the deadlines for review of the consolidated applications and issuance of a final decision on the consolidated applications.

b.    If an applicant makes a written request to consolidate the master site plan application processing with the processing of other permit applications related to the master site plan project application, the city may consolidate the regional retail commercial master site plan application process with any or all permit applications, utility service agreements, building permit applications or other city approval processes associated with the master site plan application pursuant to the consolidation requirements in ECC 15.210.020 to the extent that procedural requirements allow, or as otherwise set forth herein. In the event consolidation is granted by the city, the vesting of rights associated with any of the consolidated actions shall be per applicable statutes unless otherwise provided in a development agreement entered into pursuant to Chapter 15.380 ECC.

2.    Expiration of Regional Retail Commercial Master Site Plan. Within 10 years after the date of regional retail commercial master site plan approval, or at the expiration of any approved extension granted by the city in subsection (C)(3) of this section, a complete building permit application shall be submitted for no less than 100,000 square feet; otherwise the regional retail commercial master site plan approval shall expire and be of no further effect.

3.    Extensions. A regional retail commercial master site plan not subject to a development agreement for phasing may be extended once, for a period of up to five years after the original date of approval. In granting the extension, the city council may condition approval on the extended regional retail commercial master site plan being subject to any new or amended regulations, requirements, policies or standards which have been adopted after the original of approval, unless 50 percent or more of the on-site work has commenced on all phases.

a.    Deadline for Filing Application. Requests for an extension of the regional retail commercial master site plan must be submitted to the city no more than 180 days prior to expiration and no less than 60 days prior to the expiration of the approval.

b.    Complete Application. A complete application for a regional retail commercial master site plan extension shall consist of the following:

i.    The length of extension being requested; and

ii.    A textual description demonstrating how the request complies with the criteria for approval in subsection (C)(3)(d) of this section.

c.    Procedure. An application for an extension of a regional retail commercial master site plan shall be processed as a Type III permit.

d.    Criteria for Approval. An applicant may be granted the one-time extension of the regional retail commercial master site plan, for up to five years, with or without conditions, if the applicant demonstrates compliance with the following criteria:

i.    That there is still adequate provision made for water, sanitary sewer and/or public utilities (electric, gas, phone and cable) if the extension is granted;

ii.    The applicant demonstrates good cause for the delay in not commencing construction during the original 10-year period based on circumstances beyond the control of the applicant.

4.    Master Site Plan Revisions. Revisions to a regional retail commercial master site plan may be approved through the Type I review process so long as the revision does not result in an increase in the number of on-site parking spaces by more than 10 percent of the amount originally approved or an increase in the square footage of building gross floor area by more than 10 percent of the amount originally approved. Revisions of approved retail commercial master site plans in excess of the above amount shall require a Type IV review process as described herein and in Chapter 15.210 ECC.

D.    Decision Criteria. Applicants proposing a regional retail commercial master site plan shall demonstrate that the site plan application is able to satisfy all of the applicable code requirements. The regional retail commercial master site plan may only be approved if the city finds that all applicable code requirements are met, and that all of the following are satisfied:

1.    Where Permitted.

a.    Table 15.310.040 sets forth the zones in which regional retail commercial master site plans are permitted, with the uses, exceptions and limitations set forth in ECC 15.390.030; provided, that the property is within the designated boundaries of the regional retail commercial areas as shown in Figures 15.390.040(A) and (B).

b.    Regional retail commercial master site plans shall not be allowed on any property which is less than 40 acres in size, and which consists of one parcel or separate and contiguous parcels, separated only by a public right-of-way;

Figure 15.390.040(A). South interchange area.

Figure 15.390.040(B). West interchange area.

2.    The site access, proposed on-site circulation and off-street parking meet all public works development standards, regional retail commercial design standards (Chapter 15.390A ECC), and make adequate provision for roads, streets, alleys and other public ways. All streets, roads, sidewalks and other amenities shall be constructed as required by the city’s public works development standards. The streets and sidewalks shall be suitable and adequate to handle anticipated traffic within the proposed regional retail commercial master site plan and in the vicinity of the development. Adequate access shall include at least three points of entrance onto the 40-acre project site, one of which must be from an arterial street, and two must be from different compass directions or sides of the property, or at least one street connection to each neighboring parcel;

3.    The regional retail commercial master site plan makes adequate provision for all public utilities, including, but not limited to, water, sanitary sewer, and stormwater drainage. The water and sanitary sewer facilities shall be suitable and adequate to provide service within the proposed regional retail commercial master site plan and in the vicinity of the development;

4.    The regional retail commercial master site plan is consistent with the city’s comprehensive plan;

5.    The fire marshal and the building official have provided a recommendation demonstrating compliance with the applicable fire and building codes of the city;

6.    The perimeter of the regional retail commercial master site plan is compatible with the existing land use or properties that abut or are directly across the street from the subject property. Compatibility includes but is not limited to size, scale and mass;

7.    Each phase of the proposed regional retail commercial master site plan, as it is planned to be completed, contains the required parking spaces, open space, landscaping and utility area necessary for creating and sustaining a desirable and stable environment;

8.    Types of Uses and Development Permitted. Uses defined as “regional retail commercialdevelopment in ECC 15.130.180 are permitted as specified in ECC 15.390.030; and

9.    The regional retail commercial master site plan and subsequent development shall comply with applicable project design provisions of Chapter 15.390A ECC. Where there is a conflict between the provisions of Chapter 15.390A ECC and this section, the provisions of this section shall apply.

E.    Phasing. An applicant may request that a development agreement be entered into with the city for development of the regional retail commercial master site plan to be phased over a period not to exceed 10 years. In addition to the requirements for a development agreement in Chapter 15.380 ECC, approval of any phased regional retail commercial master site plan shall include, but not be limited to, the following conditions:

1.    The proposed development contains a minimum of 100,000 square feet of enclosed gross floor area of commercial uses; provided, that at least 50,000 square feet must be constructed for and used by one retailer;

2.    In the first phase of the regional retail commercial master site plan, development of permitted uses other than regional retail commercial allowed in the C-T and C-H zones (such as hotel/motel, eating and drinking, office and other uses) are not subject to the minimum enclosed gross floor area requirement;

3.    The minimum enclosed gross floor area in the first phase may be satisfied by combining the gross floor area of separate buildings within the regional retail commercial master site plan, including buildings separated by a road; and

4.    There is no minimum size requirement for subsequent phases of development.

F.    Designation of Regional Retail Commercial Master Site Plans. The city council has designated the areas of the city which are eligible to develop with regional retail commercial projects in the comprehensive plan land use map and the comprehensive plan commercial land use policy statements. Modification of any boundaries or institution of any additional areas eligible for regional retail commercial projects shall follow the comprehensive plan amendment process. [Ord. 4769 § 15, 2017.]