Kenmore City Zoning Code
CHAPTER 18
105 SITE PLAN REVIEW
§ 18.105.010 Purpose.
The purpose of this chapter is to establish a comprehensive site plan review process for development proposals on certain sites in selected zones of the City based on their significant size, location, frontage on major public thoroughfares, use, or project scope. This will result in a land use decision which can combine any or all of the following:
A.
Site development requirements specified prior to building, grading or engineering 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 against specific approval criteria.
E.
Evaluation of commercially zoned property for the creation or alteration of lots as part of a binding site plan application.
(Ord. 11-0329 § 3 (Exh. 1))
§ 18.105.020 Applicability.
A.
An application for site plan review shall be submitted for the following development proposals:
1.
Development on sites identified on the City’s Site Plan Review Requirement Map as depicted in Figure 18.105.020.A.1;
2.
Development on sites equal to or greater than three acres in size at the time of application in the PSP zone;
3.
Development proposed for classified uses which are neither permitted, nor conditionally permitted, nor prohibited in the P, GC or PSP zones; or
4.
Development on other sites as determined by the city manager after a preliminary review of the project’s scope.
B.
An application for site plan review may be submitted by an applicant for any development proposal.
C.
A site plan review is separate from and does not replace other required land use permits. A site plan review may be combined and reviewed concurrently with other land use permits, however.
D.
If required or requested under subsection A or B of this section, an applicant shall receive a site plan review prior to the issuance of building, mechanical, plumbing, electrical, clearing, grading, engineering, or other similar administrative permits.
E.
Proposed expansion of existing development for sites described under subsection A of this section, with or without an approved site plan review, shall require a new site plan review when such changes are determined by the city manager to be a major modification. For purposes of this section, factors to be considered when determining whether an expansion is a major modification include but are not limited to relocation of access or parking, addition of a building, or incorporation of an additional lot.
F.
An applicant may request a waiver of the site plan review requirement from the city manager. Such waiver shall be based on a preliminary review of the development proposal and a written finding that the proposal is consistent with the comprehensive plan and the requirements of this title, is minor in scope, and will have no adverse effects on neighboring properties or the City as a whole.
G.
An application for site plan review is not required for interior alterations; provided, that the interior alterations do not result in the following:
1.
Additional sleeping quarters or bedrooms;
2.
Nonconformity with federal emergency management agency substantial improvement thresholds; or
3.
Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.
Nothing in this section exempts interior alterations from otherwise applicable codes (e.g., building, plumbing, mechanical, and electrical codes). |
For purposes of this section, “interior alterations” include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint. |
 |
(Ord. 11-0329 § 3 (Exh. 1); Ord. 14-0391 § 2 (Exh. 1, 2); Ord. 24-0620 § 2 (Exh. A))
§ 18.105.030 Process.
A site plan review shall be processed as follows:
A.
For those sites identified under KMC § 18.105.020(A)(1) and (2) and (B), the site plan review shall be processed in accordance with requirements for a Type 2 land use decision as outlined in Chapter 19.25 KMC, unless otherwise authorized by KMC § 18.77.060(A).
B.
For those sites identified under KMC § 18.105.020(A)(3), the site plan review shall be processed in accordance with requirements for a Type 4 land use decision as outlined in Chapter 19.25 KMC.
C.
For those sites identified under KMC § 18.105.020(A)(4), the site plan review shall be processed in accordance with requirements for a Type 2 land use decision as outlined in Chapter 19.25 KMC, unless otherwise determined by the city manager.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 21-0521 § 3 (Exh. B))
§ 18.105.040 Application of development standards.
An application for a site plan review shall be reviewed pursuant to all adopted City codes and regulations.
Lot-based standards, such as internal circulation, drainage control, landscaping, signage and setback requirements, are typically applied to each individual lot within the site. However, the city manager may approve an application for site plan review where such standards have been applied to the site as if it consisted of one parcel.
The city manager 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. 11-0329 § 3 (Exh. 1))
§ 18.105.050 Approval.
A.
The city manager may approve, deny, or approve with conditions an application for a site plan review. The decision shall be based on the following approval criteria:
1.
Conformity with adopted City and State rules and regulations in effect on the date the complete application was filed;
2.
Consideration of the recommendations or comments of interested parties and those agencies having pertinent expertise or jurisdiction, consistent with the requirements of this title;
3.
Compatibility with the character and appearance of existing or proposed development in the vicinity of the subject property;
4.
Compatibility with plans for existing and proposed pedestrian and vehicular traffic in the vicinity of the subject property; and
5.
Conformity with the City’s comprehensive plan.
B.
Subsequent permits for the subject site shall be issued only in compliance with the approved site plan review.
C.
Approval of the site plan review shall not provide the applicant with a vested right to build without regard to subsequent changes in the building and fire codes listed in KMC Title 15 regulating construction.
(Ord. 11-0329 § 3 (Exh. 1))
§ 18.105.060 Limitation of permit approval.
A.
A site plan review 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 city manager; and fails to have all valid building permits issued within four years of the site plan review approval date; or
B.
A site plan review 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.
C.
The city manager may grant one or more extensions of the time limits set forth in subsections A and B of this section, each of a duration determined by the city manager, if the following findings are made:
1.
Initial building permits have not been submitted or the project has not been completed due to causes beyond the applicant’s control, such as litigation, acts of God, unanticipated site conditions or adverse economic market conditions;
2.
The applicant has shown a good faith effort to commence or complete the project within the time previously allotted;
3.
Conditions identified as part of SEPA or other permit processes remain appropriate to address project impacts. The city manager has the authority to establish additional conditions designed to address incremental changes in project impacts arising or occurring as a result of any extension of time; and
4.
The period of the extension granted is reasonable in light of the conditions warranting the extension and the incremental changes, if any, in project impacts.
(Ord. 11-0329 § 3 (Exh. 1))
§ 18.105.070 Administrative rules.
The city manager may promulgate administrative rules and regulations to implement the provisions and requirements of this chapter.
(Ord. 11-0329 § 3 (Exh. 1))
