HomeMy WebLinkAbout3003ORDINANCE NO. 3 0 0 3
AN ORDINANCE of the City of Port Angeles, Washington, establishing a
binding site improvement plan process as an alternative method of land
division in commercial and industrial zones, amending Ordinance 2789
as amended, and amending Chapter 3.70 and creating Chapter 16.10 of
the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. A new Chapter 16.10 of the Port Angeles Municipal Code is hereby adopted
to read as follows:
Sections:
Chapter 16.10
Binding Site Improvement Plan
16.10.010 Purpose
16.10.015 Definitions
16.10.020 Application
16.10.030 Review Procedures
16.10.040 Standards and Criteria
16.10.050 Preliminary Approval
16.10.060 Final Approval
16.10.070 Installation of Improvements
16.10.080 Time Limitations
16.10.090 Revision
16.10.010 Appeals
16.10.110 Enforcement
16.10.010 Purpose. This Chapter is established to provide an alternative to the
traditional method of land division in commercial and industrial zones as provided in RCW 58.17.035.
A Binding Site Improvement Plan (BSIP) allows for the division of land for the purpose of sale or
lease when used for commercial or industrial purposes as an integrated commercial or industrial
center and allows certain development standards (zoning, parking, setbacks, landscaping, lot area and
lot dimension) on individual lots to be modified provided the standards for the entire center are met.
This Chapter is also intended to encourage simultaneous construction of required infrastructure and
private structures.
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16.10.015 Definitions.
A. Binding site improvement plan or BSIP. "Binding site improvement plan" or
"BSIP" means an integrated site plan submitted to the City pursuant to this Chapter for approval of
all planned buildings, public and private infrastructure, and other improvements and amenities to be
developed as a commercial or industrial center.
B. Commercial or industrial center. "Commercial center" or "industrial center"
means a development complex of mixed commercial and/or industrial businesses that share facilities
and are organized by some form of common management. A business and office park, an industrial
park, a corporate campus, and a shopping center are typical examples of commercial or industrial
centers.
C. Integrated site. "Integrated site" means one or more parcels of land operated as
a single development site for the purposes of shared facilities and common management.
16.10.020 Application. The following items are required, in quantities specified by the
Planning Department, for a complete Binding Site Improvement Plan (BSIP) application, unless
waived by the Planning Director as not being applicable:
A. Complete BSIP application form with fee as set forth in Chapter 3.70 of the Port
Angeles Municipal Code.
B. Complete State Environmental Policy Act (SEPA) checklist and fee.
C. Complete applications for other required land use approvals if applicable.
D. A vicinity map showing location of site.
E. A drawing prepared to the following standards:
1. The drawing shall be in ink, to a scale of not less than one inch to one
hundred feet, on 8 1/2 inch by 11 inch or larger paper.
2. The drawing shall provide the following information:
a. The date, scale, and north directional arrow;
b. The boundaries of the entire parcel being platted, including all
contiguous unplatted property owned by the subdivider;
c. A legal description of the property being platted;
d. Identification, dimensions, and area of all proposed lots and
address numbering. Interior lots to be eliminated shall be shown by a dashed line and so noted;
e. The name and location of existing and proposed public rights -of-
way;
f. The location of existing and proposed easements;
g. The required building setbacks on each proposed lot;
h. The location of existing and new buildings including distances
from property and/or leasehold lines, driveways and parking calculations;
i. The location of existing natural features, such as streams, rivers,
wetlands, shorelines, drainage ways, ravines and steep slopes;
J. The location and size of utilities, including water, sewer, storm
drains, and fire hydrants existing and proposed;
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k. Location of sensitive areas and sensitive area buffers (as well as
slopes of 20% or greater and drainage or other watercourses) on the site.
F. A list of owners of adjacent property printed or typed on 1" x 2 5/8" mailing
labels and the names of any adjacent subdivisions.
G. Legal descriptions of all tracts contained within the boundaries of the plat.
H. The method of common management of shared facilities shall be described.
16.10.030 Review Procedures.
A. Prior to submittal of a BSIP application for consideration, the applicant is
encouraged to meet with representatives of the Planning Department, Public Works Department, Fire
Department, and Parks Department. The City representatives and the applicant may discuss the
general goals and objectives of the proposal, overall design possibilities, general character of the site,
potential environmental constraints, and standards of development. The focus of the meeting shall
be general in nature and none of the discussions shall be interpreted as a commitment by the City or
the applicant.
B. Review of proposals under five (5) acres in size shall be done administratively by
the Planning Department. Review of proposals exceeding five (5) acres in size shall be done by the
Planning Commission following a public hearing.
C. Public notice shall be provided as follows:
1. At least fifteen (15) days prior to the date of the public hearing, the
applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in
a conspicuous manner in the form of a brightly colored notice on a self - standing sign as provided by
the Planning Department or in such other form as the Planning Department may direct. The applicant
shall file with the Planning Department an affidavit that such posting has been accomplished and that
the applicant shall assume full responsibility for return or replacement, in the case of damage.
Consideration will be given in the case of vandalism beyond the applicant's control.
2. At least fifteen (15) days prior to the date of the public hearing, the
Planning Department shall cause notice of the time, place and purpose of the hearing to be mailed to
the latest recorded real property owners within at least 300 feet of the boundary of the site as shown
by the records of the County Assessor. The applicant shall provide the Planning Department with
mailing labels for each such property owner.
D. An environmental determination shall be rendered by the SEPA Responsible
Official prior to final action on the preliminary BSIP application.
16.10.040 Standards and Criteria. Prior to approval of a BSIP, the following standards
and criteria shall be met:
A. Water supply and fire protection facilities must be adequate to serve the BSIP
and comply with the City's Comprehensive Plan and Urban Services Ordinance development
standards.
B. Necessary drainage ways or storm drain facilities must be adequate to serve the
BSIP as set forth in the Comprehensive Plan and Urban Services Ordinance development standards.
C. Appropriate access to all anticipated uses within the site is available.
D. Monumentation of all exterior tract corners has been completed.
E. The provision and dedication of streets and rights -of -way must be adequate to
serve the BSIP and comply with PAMC 16.04.070 and with the Comprehensive Plan and Urban
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Services Ordinance development standards.
F. The BSIP lot arrangement, configuration, and size must comply with the policies
of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the
Comprehensive Plan. The proposed lots must comply with the requirements of the Zoning Code,
Title 17 PAMC, as now enacted or hereafter amended, and PAMC 16.04.070.
G. The BSIP must be compatible with existing and planned development of the
surrounding area.
H. The site must be zoned commercial or industrial and must be integrated, as
defined in PAMC 16.10.015.
I. Appropriate easements and maintenance agreements for shared facilities, including
but not limited to, circulation, parking, utilities and landscaping must be provided.
J. When taken as a whole and not considering any interior lot or leasehold lines, the
integrated site must meet all zoning and subdivision requirements.
K. Modifications to the minimum zoning standards for individual lots located within
the integrated site, including setbacks, parking, landscaping, lot area, lot coverage, and lot dimension
shall not be detrimental to the public health, safety and welfare, and shall not adversely affect the rest
of the integrated site or other properties in the vicinity.
L. Common improvements necessary to serve any particular phase of development
must be sufficient for meeting the zoning and subdivision requirements for that phase.
M. Access to the integrated site must meet the subdivision ordinance standards.
Access within the site must provide for safe and efficient circulation and must meet Fire Department
access requirements.
N. The circulation system must incorporate appropriate provisions and provide
sufficient area for safe pedestrian activity to the site from the street and from building to building
within the site.
O. Sign regulations shall be applied to the integrated site as a whole. For example,
the number of freestanding signs allowed shall be based upon the BSIP as a site. Individual
ownerships within the integrated site shall not be considered separate sites in determining the number
of freestanding signs allowed.
P. Landscaping design standards shall be maintained as required in the underlying
zoning development standards.
Q. Land clearing/grading shall be performed in compliance with the City's
Clearing/Grading /Filling Ordinances. Land that contains environmentally sensitive and critical areas
shall only be developed under the City's regulations for development in those areas.
R. Each proposed BSIP and the ultimate use of the land therein shall be in the
interests of the public health, safety, and welfare, and applicants shall present evidence to this effect
when requested.
S. Whenever there is a discrepancy between minimum standards or dimensions noted
herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the
more restrictive standard shall apply.
T. A description of the facilities shared by the development complex of mixed
commercial and/or industrial businesses shall be provided and the system of common management
of those facilities shall be described on the face of the final Mylar.
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16.10.050 Preliminary Approval.
A. The Planning Director or Planning Commission shall approve, approve with
conditions, or deny the BSIP within the time requirements of Chapter 18.02 PAMC. Said preliminary
decision shall be in writing and shall set forth findings of fact supporting the decision.
B. Preliminary approval or approval with conditions shall authorize the applicant to
proceed with preparation of the final BSIP.
16.10.060 Final Approval.
A. Prior to final approval, a survey shall be performed by a licensed surveyor who
shall submit a Mylar to the Planning Department for recordation. The Mylar shall be prepared to
acceptable survey standards and shall contain the information required in the preliminary drawing.
The Mylar shall also contain the required official recording block and signatures of the City Planning
Director, City Public Works Director, City Fire Chief, and the property owner. For those applications
that require review by the Planning Commission, provision will be made for the signature of the Chair
of the Planning Commission. The survey and plan shall be consistent with the conditions of
preliminary approval.
B. Once the Planning Department determines the survey, plan, and any other
documents for recording are consistent with the preliminary approval, it will be reviewed by the
appropriate City departments and signed by the appropriate City officials.
C. After being certified for filing by the City, the BSIP survey shall be filed by the
applicant with the Clallam County Auditor's Office. The applicant shall pay all costs associated with
the filing. The BSIP is not considered final until a copy of the recorded document is returned to the
City of Port Angeles Planning Department for record keeping purposes.
D. Upon final approval by the city, all developments shall conform to the BSIP unless
an amendment is approved by the City.
16.05.070 Installation of Improvements. Prior to the issuance of a building permit for
construction within a binding site improvement plan, all improvements required to adequately service
that portion of the BSIP for which the building permit will be issued shall be installed. Approval for
improvements and finalization of specific individual commercial or industrial lots shall be done
administratively.
16.05.080 Time Limitations. If no specific BSIP has been approved within five (5)
years of the date of preliminary approval, preliminary approval will expire. The applicant may obtain
an extension of the BSIP not to exceed two (2) years by filing a written request with the Planning
Department prior to the expiration of the five (5) year period.
16.10.090 Revisions. Alteration of an approved and recorded BSIP shall be
accomplished by application to the Planning Department and shall be subject to all procedures and
requirements established in this Chapter.
16.10.100 Appeals.
A. Any person aggrieved by the decision of the Planning Director or the Planning
Commission may appeal the decision to the City Council.
B. Appeals shall be submitted to the Planning Department in writing within fourteen
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(14) days following the date of mailing of the decision to the applicant and shall be accompanied by
the required fee as set forth in Chapter 3.70 PAMC.
C. The City Council shall hear the appeal, and may uphold, reverse, or modify the
decision and shall set forth written findings of fact.
16.10.110 Enforcement. All provisions, conditions, and requirements of the BSIP shall
be legally enforceable against the purchaser or any other person acquiring a lease or other ownership
interest of any lot parcel, or tract created pursuant to the BSIP. Any sale, transfer, or lease of any
lot or parcel created pursuant to the BSIP that does not conform to the requirements of the BSIP or
without binding site plan approval shall be considered a violation of Chapter 58.17 RCW, shall be
subject to being restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW, and
shall be subject to the general penalty set forth in PAMC 1.24.010.
Section 2. Ordinance 2789 as amended and chapter 3.70 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 3.70.070 to read as follows:
3.70.070 Planning Department Fees. The fee for filing an application for the following
Planning permit applications and appeals shall be as follows:
A. Annexation - $300.00
B. Appeals - $150.00.
C. Boundary Line Adjustment - $75.00
D. BSIP Applications
1. Preliminary - $350.00
2. Final $150.00
3. Modifications $150.00
DE. Comprehensive Plan Amendment - $350.00
E F. Conditional Use Permit - $250.00
F G. Environmental Checklist for Other than Administrative CUPs - $100.00
GH. Environmental Checklist for Administrative CUPs - $50.00
H I. Extension of a CUP - $30.00
EJ. Administrative CUPs - $125.00
3-K. Planned Residential Development
1. Preliminary - $350.00
2. Final - $150.00
3. Modifications - $150.00
KL. Open Space Exemption - $30.00
LM. Parking Variance - $175.00
MN. Plats
1. Preliminary Short Plats (1 -5 lots) - $150.00
a. Final Short Plats - $30.00 per lot
b. Amendment to Short Plats - $50.00
2. Preliminary Subdivision Plats (6+ lots) - $150.00 + $5.00 per lot
a. Final Subdivision Plats - $30.00 per lot
3. Preliminary Binding Site Improvement Plan - $30.00 per lot
a. Final Binding Site Improvement Plan - $30.00 per lot
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HO. Retail Stand Right -of -Way Use - $50 per year
OP. Rezone and Zoning Code Amendments - $350.00
PQ. SEPA appeals under PAMC 15.04.280 - $150.00
OR. Shoreline Substantial Development Permit - $200.00
RS. Shoreline Permit Revision - $100.00
ST. Street Vacation - $200.00
TU. Temporary Use Permit
1. More than one year - $100.00
2. One year or less - $50.00
3 Extension or amendment of Temporary Use Permit - $50.00
UV. Trailer Park Permit - $50.00
VW. Variance - $175.00
WX. Wetlands Permit - $150.00
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4 - Effective Date. This Ordinance shall take effect five days after the date of
publication.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 15th. day of December , 19 98
ATTEST:
APPROVED AS TO FORM:
Craig D. Knson, City Attorney
PUBLISHED: ecember 20, 1998
By Summary
98.2?
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P)/1.441.4.4.
M�YOR
Summaries of Ordinances Adopted by the
Port Angeles City Council
on December 15, 1998
Ordinance No. 3003
This Ordinance of the City of Port Angeles establishes a binding site improvement
plan process as an alternative method of land division in commercial and industrial
zones, amends Ordinance No. 2789, as amended, and amends Chapter 3.70 and
creates Chapter 16.10 of the Port Angeles Municipal Code.
Ordinance No. 3004
This Ordinance of the City of Port Angeles revises the budget for the fiscal year
ending December 31, 1998, adopts the budget for the fiscal year ending December
31, 1999, amends Ordinance No. 2978, and authorizes an increase in the regular
property tax levy.
Ordinance No. 3005
This Ordinance of the City of Port Angeles creates the Economic Development
Fund, abolishes the Governor's Rural Economic Summit Fund, and amends
Ordinance No. 2890, as amended, and Chapter 3.15 of the Port Angeles Municipal
Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Becky J. Upton
City Clerk
Publish: December 20, 1998