Battle Ground City Zoning Code
CHAPTER 17
143 SITE PLAN APPROVAL
§ 17.143.010 Purpose.
The purpose of this chapter is to provide a plan review process that is proportional to the potential impacts of a proposed development. With the exception of minor development proposals, site plan review is intended to provide public notice to encourage public participation, and help ensure a transparent review and approval process.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.020 Applicability.
All new developments and modifications to existing developments shall require site plan review and approval prior to the issuance of any building permits, establishment of any new uses, or commencement of any site work unless otherwise exempted in this chapter. Developments subject to site plan review shall comply with the Battle Ground Municipal Code and all other state statutes and applicable laws and regulations.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.030 Site plan review types and procedures.
A.
Except for exempt activities as defined in BGMC § 17.143.040, site plan reviews shall be classified and processed as follows:
B.
Development Subject to Type I Site Plan Review. New development or modifications to an existing permitted development or existing legal nonconforming use shall require a Type I review if the proposal would result in any of the following:
1.
New residential developments of between three and nineteen dwelling units;
2.
New nonresidential development of less than twelve thousand square feet;
3.
New parking lots up to thirty-nine parking spaces;
4.
Modular school classrooms on an established public or private school site;
C.
Development Subject to Type II Site Plan Review. New development or modifications to an existing permitted development or existing legal nonconforming use shall require a Type II review if the proposal would result in any of the following:
1.
New residential development of twenty or more units;
2.
New nonresidential developments of twelve thousand square feet;
3.
New parking lots of forty or more spaces.
(Ord. 95-769 § 5 (part), 1995; Ord. 96-801 § 12, 1996; Ord. 99-004 § 9 (part), 1999; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.035 Binding site plans.
A.
Type of Application. Binding site plans are Type II applications; such applications shall be processed in accordance with procedures set forth below.
B.
Purpose. The purpose of the binding site plan provides for an optional method for the division or lease or sale of commercial or industrial property as provided for in Chapter 58.17 RCW. This method may be employed as an alternative to the subdivision and short subdivision procedures in this title when consistent with this chapter. Whenever an applicant desires to create legal lots by means of a binding site plan pursuant to this chapter in conjunction with a new development, the applicant shall be subject to the site plan review procedures of this chapter. In such event and in addition to all of the submission requirements for site plan review, the applicant shall clearly indicate on all of the plans required for site plan review the proposed lots to be created and how their size, dimensions and other features comply with the requirements of this title.
C.
Submittal Requirements. For binding site plan application, the applicant shall submit the information required in BGMC § 17.143.050 if applicable and the items listed below:
1.
Fees associated with the application.
2.
One electronic file with all application items.
3.
A completed application form provided by the planning director, and copies of the information required.
4.
Narrative addressing approval criteria and technical standards for appropriate land use type(s). Indicate description of uses, types of structures proposed, hours of operation, abutting properties, proposed access, frequency of deliveries and construction schedule including project phasing, if known. Include quantity of cubic yards estimated to be graded (cut and fill).
5.
SEPA checklist (if applicable).
6.
Preliminary plat and/or survey drawing including the following:
a.
The proposed site and its dimensions and area.
b.
Proposed lots, tracts, and easements including dimensions and total acreage.
c.
Abutting properties or, if abutting properties extend more than one hundred feet from the site, the portion of abutting properties within one hundred feet of the site, and the approximate location of structures and uses on abutting property or portion of the abutting property.
d.
The location and dimensions of development if proposed.
D.
Existing Conditions Plan. An existing conditions plan shall include the following information:
1.
A vicinity map showing location of subject site within the city of Battle Ground and the surrounding existing street system.
2.
Property boundaries, and dimensions, size of subject site.
3.
Graphic scale of the drawing and the orientation relative to north.
4.
The location, name and dimensions of all streets adjoining the site indicating whether privately or publicly owned.
5.
The location of existing structures and other improvements on the site, including structures, driveways, parking, loading, pedestrian paths, open space, and utilities.
6.
Elevation of the site at two-foot contour intervals for grades zero percent to ten percent and at five-foot contour intervals for grades more than ten percent.
7.
The approximate location of significant natural conditions, such as:
a.
The one-hundred-year floodplain.
b.
The location of drainage patterns and drainage course.
c.
Slopes in excess of fifteen percent.
d.
Unstable ground, e.g., land subject to slumping, slides or movement.
e.
Wetland indicators.
f.
Areas having severe soil erosion potential.
g.
Significant wildlife habitat or vegetation.
8.
Reduced copies of all full-size plans.
9.
Road modification request pursuant to BGMC § 12.116.290 (if applicable).
10.
Deed history for each parcel through 1969 (if applicable).
11.
Traffic study (if applicable).
12.
Hydrology report including geotechnical report (if applicable).
13.
Provide two sets of the following (Type II only):
a.
Mailing labels: a current list of names and addresses of all property owners within a five-hundred-foot radius of the site certified as accurate and complete by the Clark County assessor or title company.
E.
Certification of Binding Site Plan.
1.
Certification Process. Prior to recording, any binding site plan approved under the provisions of this section shall be certified to comply with the requirements of this chapter by the planning director. Certification shall consist of the signature of the planning director and recording with the Clark County auditor's office with a record of survey. The survey document shall include all required notes pertaining to the development of the properties and a statement legally binding all current and future owners to comply with the conditions of approval. These may be provided as separate documents.
2.
Revocation of Certification. Certification may not be revoked unless the planning director finds that the plan, use or development project would violate the requirements of Battle Ground Municipal Code or the Revised Code of Washington.
3.
Criteria for Creation of Lots, Parcels or Tracts. Lots, parcels or tracts created through the binding site plan process shall be considered legal lots of record. The number of lots, tracts, parcels, sites or divisions shall not exceed the maximum number allowed by this title.
4.
Legally Responsible Party. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.
F.
Vacation or Alteration of Binding Site Plan.
1.
Alteration or Vacation. A biding site plan may be altered or vacated if requested, in writing, by all owners of the properties directly affected. An application shall be submitted on a form prescribed by the planning director. In the instance of a revision the applicant shall submit all of the materials required for preliminary binding site plan review. In the instance of a vacation the burden of proof for justifying the vacation of the binding site plan shall be on the applicant. The applicant must prove that no property, either within the boundaries of the property to which the binding site plan is applied or adjacent property, will be adversely impacted; the vacation will not have an adverse impact on the provision of utilities in the area; no open spaces or recreational facilities will be adversely affected by the vacation.
2.
Procedure for Alteration or Vacation. The decision on an alteration or vacation of a binding site plan shall be required to go through the same procedures as an original application, including notification and preparation of staff reports. The appeal procedures for binding site plan approval shall also be applicable to a requested alteration or vacation.
(Ord. 15-04 § 32 (part), 2015)
§ 17.143.040 Exemptions.
The following are exempt from the site plan review provisions of this chapter:
A.
New construction of or modification to existing single-family and duplex dwellings.
B.
Modifications to the interior of an existing structure that does not change the use or the degree of a use;
C.
Land divisions and boundary line adjustments pursuant to BGMC Title 16;
D.
On-site utility permits, e.g., sewer hook-ups and water hook-ups;
E.
Other development determined by the planning director to be exempt because it does not result in a substantive increase in land use activity or intensity or in any adverse off-site impact.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.050 Submittal requirements.
For site plan review applications, the applicant shall submit the information required for a Type I or Type II application as listed below:
A.
General.
1.
Fees associated with the application.
2.
One electronic file with all application items.
3.
A completed application form provided by the planning director, and copies of the information required.
4.
Narrative addressing approval criteria and technical standards for appropriate land use type(s). Indicate description of uses, types of structures proposed, hours of operation, abutting properties, proposed access, frequency of deliveries and construction schedule including project phasing, if known. Include quantity of cubic yards estimated to be graded (cut and fill).
5.
SEPA checklist (if applicable).
6.
Site plan drawings shall be on sheets not larger than twenty-four by thirty-six inches unless approved otherwise by the planning director. Site plans shall be drawn at a scale of one inch equals sixty feet or larger, e.g., one inch equals thirty feet. Building elevations and floor plans shall be drawn at a scale of one-quarter inch or one-eighth inch equals one foot.
a.
An existing conditions plan described in subsection B of this section.
b.
A site plan as described in subsection C of this section.
c.
Landscape plan as described in subsection D of this section.
d.
Architectural plans and elevations as described in subsection E of this section.
e.
Lighting plan as described in subsection F of this section.
f.
Utility plan as described in subsection G of this section.
7.
Reduced copies of all full-size plans.
8.
Road modification request pursuant to BGMC § 12.116.290 (if applicable).
9.
Deed history for each parcel through 1969 (if applicable).
10.
Traffic study (if applicable).
11.
Hydrology report including geotechnical report (if applicable).
12.
Provide two sets of the following (Type II only):
a.
Mailing labels: a current list of names and addresses of all property owners within a five-hundred-foot radius of the site certified as accurate and complete by the Clark County assessor or title company.
B.
Existing Conditions Plan. An existing conditions plan shall include the following information:
1.
A vicinity map showing location of subject site within the city of Battle Ground and the surrounding existing street system.
2.
Property boundaries, and dimensions, size of subject site.
3.
Graphic scale of the drawing and the orientation relative to north.
4.
The location, name and dimensions of all streets adjoining the site indicating whether privately or publicly owned.
5.
The location of existing structures and other improvements on the site, including structures, driveways, parking, loading, pedestrian paths, open space, and utilities.
6.
Elevation of the site at two-foot contour intervals for grades zero percent to ten percent and at five-foot contour intervals for grades more than ten percent.
7.
The approximate location of significant natural conditions, such as:
a.
The one-hundred-year floodplain.
b.
The location of drainage patterns and drainage course.
c.
Slopes in excess of fifteen percent.
d.
Unstable ground, e.g., land subject to slumping, slides or movement.
e.
Wetland indicators.
f.
Areas having severe soil erosion potential.
g.
Significant wildlife habitat or vegetation.
C.
Proposed Site Development Plan. The proposed site plan shall be drawn at the same scale as the existing conditions plan and shall include the following information:
1.
The proposed site and its dimensions and area, orientation relative to north.
2.
Abutting properties or, if abutting properties extend more than one hundred feet from the site, the portion of abutting properties within one hundred feet of the site, and the approximate location of structures and uses on abutting property or portion of the abutting property.
3.
The location and dimensions of proposed development, including the following:
a.
Streets and other rights-of-way and public or private access easements on and adjoining the site;
b.
Vehicle, pedestrian and circulation areas, including handicapped parking stalls and disembarking areas, accessible route of travel, proposed ramp and signage as required by Chapter 51-40 WAC;
c.
Loading areas;
d.
Above-ground utilities;
e.
Existing structures to be retained on the site and their distance from property lines;
f.
Proposed structures on the site, including signs, fences, etc., and their distance from property lines;
g.
The location and type of proposed outdoor lighting and existing lighting to be retained; and
h.
The size and location of solid waste and recyclables storage areas.
4.
Summary table which includes parcel zone, total site area, gross floor area by use (i.e., manufacturing, office, retail, storage), itemized number of full size, compact and handicapped parking stalls and the collective total number, total lot coverage proposed, including residential density calculations.
D.
Landscape Plan. The landscape plan shall be drawn at the same scale as the existing conditions and site plan, or a larger scale if necessary. A landscape plan shall show the following:
1.
The location, species, and size, i.e., diameter and/or height, of existing landscape material, identifying the material to be removed and to be retained;
2.
The location, species, size at planting and spacing of proposed plant materials;
3.
The proposed landscape area of the site (i.e., in terms of square feet and a percentage of the net site area);
4.
The locations, height and material of fences, buffers, berms, walls and other proposed screening;
5.
The location and dimensions or area of terraces, decks, shelters, play areas and open spaces;
6.
Proposed methods of irrigation, if any;
7.
Street trees or other forms of landscaping within the public rights-of-way.
E.
Architectural Plans. The architectural plans and elevations shall show the following:
1.
A typical elevation drawing of each structure specifying required measurable scale, structural dimensions and structural heights;
2.
Identify locations of exits and openings.
F.
Lighting Plan. The lighting plan shall show the following:
1.
The location, height and type of proposed lighting on site and within rights-of-way.
2.
Include light sources, patterns and candling. Minimum of one foot-candle for parking and ADA areas and maximum of one foot-candle at property lines.
G.
Utility Plan. The utility plan shall show the following:
1.
The proposed location, size, connection points to existing public systems, and terminus points for sanitary sewer, water and stormwater drainage and control. Stormwater information shall be provided in conformance with Chapter 18.250 BGMC.
2.
Public and private easements for sanitary sewer, water and stormwater shall also be indicated.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 00-024 § 5, 2000; Ord. 04-024 § 48, 2004; Ord. 07-15 § 5, 2007; Ord. 10-08 § 4, 2010; Ord. 15-04 § 32 (part), 2015)
§ 17.143.060 Criteria for site plan approval.
A.
Compliance with Applicable Standards. In reviewing the plan as per Chapter 17.200 BGMC, the planning director shall determine whether the proposed plan complies with the design and development standards contained in this title as well as critical areas and SEPA chapters.
B.
Adequacy of Public Facilities. The application shall demonstrate compliance with all applicable city engineering standards, as determined by the city engineer.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 01-002 § 2, 2001; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.065 Appeal.
Appeals of decisions on site plans shall be made and processed pursuant to BGMC § 17.200.140.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.070 Final site plan approval.
Where preliminary site plan approval is issued subject to conditions that require the submittal of additional materials or changes to existing plans, the director may require that the applicant submit for final site plan approval to determine if the revised plans comply with the conditions of site plan approval. Final site plans shall be considered as Type I applications.
(Ord. 95-769 § 5 (part), 1995; Ord. 99-004 § 9 (part), 1999; Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.080 Modifications to approved site plan.
Modifications shall be processed as a post decision review based upon the criteria in BGMC § 17.200.104.
(Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
§ 17.143.090 Expiration.
Site plan approvals shall be valid for five years from the date of issuance, during which time substantial completion of the project improvements shall have occurred. The planning director may approve up to two one-year extensions if:
A.
There have not been any substantial changes in the laws governing the development of the site; and
B.
The applicant has actively pursued development in good faith.
(Ord. 04-024 § 48, 2004; Ord. 13-07 § 25, 2013; Ord. 15-04 § 32 (part), 2015)
§ 17.143.100 Completion prior to occupancy.
All required public and site improvements and other conditions of site plan approval shall be met prior to occupancy unless required sooner as a condition of approval; provided, that completion and occupancy may be accomplished in phases if approved by the planning director as part of the site plan review process. Incomplete items may be secured by the issuance of a performance bond or other suitable security as a condition of approval of a site plan to secure applicant's obligation to complete the provisions and conditions of the approved site plan.
(Ord. 04-024 § 48, 2004; Ord. 15-04 § 32 (part), 2015)
