Chapter 17A.200
PLANNED DEVELOPMENT (PD)
Sections:
17A.200.020 Effect on allowed uses.
17A.200.030 Minimum area, maximum density, open space, height and setbacks.
17A.200.040 Specific requirements for Methow Review District.
17A.200.050 Clustering requirements.
17A.200.060 Individually owned open space standards.
17A.200.070 Common open space standards.
17A.200.080 Underground utilities.
17A.200.090 Planned development standards.
17A.200.100 Preapplication consultation.
17A.200.110 Application for planned development.
17A.200.120 Board of county commissioner’s action.
17A.200.130 Final plan – Submittal.
17A.200.140 Final plan and program requirements.
17A.200.150 Final plan review and board action.
17A.200.170 Modifications to development plan and program.
17A.200.180 Final planned development – Action on nondevelopment.
17A.200.190 Damaged building restoration.
17A.200.010 District purpose.
The purpose of the planned development district is to enhance and diversify development opportunities in Okanogan County by:
A. Encouraging flexibility in the design of land use activities so that they are conducive to a more creative approach to development which will result in a more efficient, aesthetic and environmentally responsive use of the land;
B. Encouraging creativity in the design and placement of buildings, clustering, use of required open spaces, provision of on-site circulation facilities, off-street parking, landscaping and other site design elements that better utilize the potentials of special features, such as sensitive fish and wildlife habitats, geography, topography, vegetation, drainage features, size or shape, etc.;
C. Facilitating the provision of cost efficient and adequate public improvements, such as streets and utilities;
D. Minimizing and/or mitigating the impacts of development on valuable natural resources and unique natural features such as agricultural soils, critical areas including wetlands, areas of critical recharging effect on aquifers used for potable water, fish and wildlife conservation areas, frequently flooded areas and geologically hazardous areas and resource lands including agriculture, forest and mineral lands;
E. Encouraging the incorporation of public access to public recreational opportunities as a part of development activities;
F. Encourage nonmotorized transportation systems within and adjacent to PDs;
G. It is further the intent of this chapter that it is applicable to all types of land uses, including residential, commercial, industrial and any “mixture” of these land use categories. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.020 Effect on allowed uses.
The rezoning of an area to a “planned development” (PD) has the effect of altering the type of allowed uses, the intensity of uses, setbacks, and a number of other regulatory and defined uses, processes, and procedures that may be applicable to the underlying zoning. Mixed use PDs may include residential, commercial, agricultural, and other uses, and may have additional requirements as may be needed and necessary to ensure appropriate integration into the surrounding community. The planned development review process allows for flexible interpretation of the zoning regulations, while at the same time requiring strict review for compliance with the provisions of the comprehensive plan(s). As well, mitigation for identified impacts may be required. This process may create a preplanned area, which has differences from that which is normally found in the underlying zone. Those uses, which are allowed within PDs, must be supported or identified within the comprehensive plan, the appropriate sub-area plan(s), and any modifications made thereto. Mitigation may be required for those impacts which can be defined or expected from the establishment of the PD. Impacts may be in the form of economic impacts from commercial uses, visual impacts to the surrounding area, an expected change to community character, etc. Mitigation may include, but is not limited to, strict design review of structures, landscaping, off-site traffic impacts, signage, etc. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.030 Minimum area, maximum density, open space, height and setbacks.
A planned development is an alternative to traditional subdivision, and may serve as an alternative method to fulfill the requirements of subdivision set forth in Chapter 58.17 RCW, which allows and encourages clustered or common structures, shared access roads and utilities, increased provision of open space and protection of significant environment features to produce a more economical and environmentally sensitive development.
A. Specifications.
1. In Methow Review District 5 (MRD 5) and Methow Review District 20 (MRD 20), Rural Residential and Low-Density Residential zone districts, planned developments shall require twice the minimum lot area of the underlying district.
2. In Methow Review District 1 (MRD 1) and Methow Review District 12,500 (MRD 12,500), a minimum lot area of five acres is required.
3. In the Minimum Requirement district and Agricultural Residential, a minimum lot area of 10 acres is required.
4. a. Base Density. Base residential density for all planned developments is 150 percent of the density of the underlying district.
b. Density Bonus. Up to 200 percent of the density of the underlying district may be earned if any of the incentive features contained in subsection (A)(5) of this section are included as part of the planned development design.
5. Incentive Features. The maximum residential density can be earned only when incentive features totaling 50 percent or more are part of the planned development design. The residential density may, in no case, exceed 200 percent of the density in the underlying district.
|
Number |
Incentive Feature |
% |
|---|---|---|
|
1 |
90% or more of total acreage in open space |
5% |
|
2 |
50% or more of total acreage dedicated to conservation open space |
5% |
|
3 |
75% or more of total acreage dedicated to conservation open space |
15% |
|
4 |
Innovative water conservation measures |
5% |
|
5 |
Innovative road design/shared access |
5% |
|
6 |
Architectural design/rural character |
5% |
|
7 |
Prohibit wood burning devices (not including pellet stoves) |
10% |
|
8 |
Wildlife and vegetative enhancement (screening, planting, feeding program) |
5% |
|
9 |
Conservation easement(s) given to a public agency or nonprofit organization established for these purposes |
10% |
|
10 |
Wildfire protection design measures (e.g., noncombustible roofing materials, planting low-growing native species that are less flammable, electrical services underground, good access for emergency vehicles, etc.) |
5% |
|
11 |
Innovative energy conservation (solar, transportation etc.) |
5% |
|
12 |
60% or more of the PD property has been assembled from parcels which are substandard lots (i.e., assembled from lots less than current minimum lot size) |
20% |
|
13 |
PD is served by sanitary sewer system |
10% |
|
14 |
PD includes provisions for multi-use trails (except trails for vehicles with internal-combustion-powered engines) |
5% |
|
15 |
Innovative visual screening (for non-single-family residential structures, parking is not visible from any public road or public vantage point) |
5% |
|
16 |
Open space abuts adjacent dedicated open space (minimum abutment 200 feet) |
10% |
6. Open space shall be at least 75 percent of the PD which may be comprised of 50 percent individually owned open space and 50 percent common open space, except in minimum requirement district and agricultural-residential district where the amount of open space shall be recommended by the hearing examiner and approved by the board of county commissioners but in no case shall be less than 50 percent of the parcel area.
7. Maximum building height equals 35 feet.
8. Perimeter setbacks for the PD shall be the same as the underlying district or 50 feet, whichever is greater.
B. During review of planned developments the hearing examiner shall recommend incentive density bonus based on their determination of the merit of the incentive features listed in subsection (A)(5) of this section.
In the approval of any planned development, the board of county commissioners shall determine, based on the record and the hearing examiner recommendation, the merit of the incentive feature proposed, and the final incentive density bonus granted.
C. Employee Housing. Mixed use and commercial PDs shall have one employee housing unit for each 30 rentable units or each 5,000 square feet (aggregate) of commercial structures. Required employee housing will not be counted against density requirements. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.040 Specific requirements for Methow Review District.
The following requirements apply as part of the approval of all planned developments in the Methow Review District:
A. Class B water systems shall include segregation of domestic and irrigation supply lines including an in line water meter to certify curtailment of irrigation usage in periods of critical instream flows;
B. Lawn areas needing irrigation shall be limited to 3,000 square feet immediately surrounding residential buildings;
C. Water flow restriction devices shall be included in all buildings;
D. Fences be made deer passable where appropriate. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.050 Clustering requirements.
A. The zone(s) of influence is the area of concentrated human impact within the PD. The zone of influence together with impervious surfaces shall not be considered open space. The main access road where outside and not contiguous with the zone of influence may be considered open space.
B. To accomplish tight clustering, up to 25 percent (50 percent within the minimum requirement and agricultural-residential zoning districts) of the total area of the PD may be designated as zone(s) of influence. The boundary of a zone of influence shall be linear or convex. Structures within the zone of influence must be a minimum of 50 feet from the outer boundary of the zone of influence. Where geographic, topographic or natural resource constraints exist, concave boundaries or an increase of five percent may be permitted at the recommendation of the office of planning and development and at the discretion of the hearing examiner.
C. The number of separate zones of influence shall be determined by the following table:
1. Ten to 20 acres: one zone of influence.
2. Twenty-one to 100 acres: two zones of influence.
3. One additional zone of influence per 100 acres thereafter. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.060 Individually owned open space standards.
A. Up to 50 percent of the open space within the development may be privately owned.
B. Privately owned open space in a planned development shall meet the following standards:
1. Privately owned open space must be retained or restored to its native state or used for agricultural or recreational purposes, e.g., part of an organized trail system or used as designated conservation open space.
2. Suitable weed control and revegetation plans and programs must be provided for in privately owned open space.
3. No accessory structures allowed within privately owned open space, except for structures appurtenant to utilities or structures approved by the Department of Fish and Wildlife, and structures of historical/architectural preservation significance. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.070 Common open space standards.
A. Fifty percent of the open space within the development is required to be owned in common (undivided interest), therefore up to 50 percent may be privately owned.
B. Common open space in a planned development district shall meet the following standards:
1. The location, shape, size and character of the open space must be suitable for its intended use within the planned development;
2. Common open space must be retained or restored to its native state or used for agricultural or recreational purposes, e.g., part of an organized trail system or used as designated conservation open space. The uses authorized for common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and number and type of dwelling units to be provided; and
3. Common open space must be managed for its intended use. Common open space to be retained or restored to its natural condition must provide suitable weed control and revegetation plans and programs. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized and must conserve and enhance the natural features of the common open space.
C. The development schedule, which is part of the development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements for recreational purposes, and the construction of residential dwellings in the planned development.
D. The preliminary development plan and program shall include a provision which assures permanent retention and maintenance of the common open space in a planned development. Such assurance may be in the form of restrictive covenants, or undertaken by an association of owners of the property within the planned development, and/or in any other form or by any other method approved by the board as being practical and legally sufficient to assure the permanent retention and maintenance of the common open space.
All legal documents necessary to implement this requirement (typically in the form of conditions, covenants and restrictions) shall be filed by the applicant with the final development plan and program, and shall be subject to approval as to form by the prosecuting attorney. All such plans and programs shall contain provisions whereby the county is granted the right to enforce the permanent retention and maintenance of the common open space, and further that in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county may, at its option, cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the planned development.
E. No common open space may be put to any other use than as specified in the approved final development plan unless the development plan has been modified to permit such other use pursuant to OCC 17A.200.170. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.080 Underground utilities.
In any planned development all electrical lines, telephone facilities, and other wiring conduits and similar facilities shall be placed underground unless this requirement is waived by the board. Such a waiver must be based on the physical constraints of the site and/or technical difficulties with such underground installations. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.090 Planned development standards.
The following minimum requirements apply to planned developments. Applicant may be required to provide analysis, by professionals with documented expertise, of the following items:
A. Soils and Geology. Planned development applications shall show, where lands within the site have high frost heave potential or are subject to slippage as determined by the Soil Conservation Service soils capability rating, that the development has been planned so that the improvements will not be subject to geologic hazards or soil conditions that would damage such improvements or cause environmental degradation.
B. Drainage. Planned development applications shall show that the development has been planned so historical surface flow patterns (100-year floodplain if known) and runoff amounts will be maintained in a manner that will preserve the natural character of the area and prevent property damage of a type generally attributed to increased runoff rate, velocity increases, unplanned ponding, or storm runoff.
C. Erosion. Planned development applications shall show slopes which are greater than 30 percent and/or are highly erodible as determined by Soil Conservation Service soils capability rating. The erosion plan shall include road systems and shall show that the development has been planned so that a minimum amount of natural vegetation and soil cover is disturbed, that adequate provision is made for recontouring and soil stabilization and that cuts and fills are designed to minimize erosion. Additionally, all disturbed soils shall be revegetated and road systems shall be designed to minimize the necessity for cuts and fills.
D. Water Availability. Planned development applications shall submit appropriate certification to show that adequate water exists to support the proposed development and shall be compatible with water priority uses contained in any applicable river basin studies prepared and adopted by the Washington State Department of Ecology.
E. Waste Treatment. Planned development applications shall show that on-site sewage treatment systems are adequate to accommodate the volume and composition of sewage expected to be generated by the proposed use, that the on-site sewage disposal system will be properly maintained and designed to prevent overloading or any other failure which could cause the discharge of inadequately processed effluent that would measurably degrade the quality of the receiving water below applicable water quality standards or below the existing water quality, whichever is higher. On-site sewage disposal shall meet the Okanogan County sewage disposal regulations, the Department of Social and Health Services and the Washington State Department of Ecology standards.
F. Wildlife. Planned development applications shall show that the development has been planned, in conjunction with the Washington State Department of Wildlife, to mitigate significant adverse impact on wildlife habitat including but not limited to deer wintering areas, migration corridors, fawning sites, nesting grounds, commercial and game fish spawning areas, breeding areas, etc.
G. Agricultural Compatibility. Planned development applications shall show that the development has been planned to minimize the loss of the lands within the proposed PD that are designated agricultural land of long-term commercial significance (see GMA Resource Lands Designation). To assure proper management of agricultural lands dedicated as open space, a management plan shall be incorporated into the homeowner’s covenants. The application shall also show that the proposed development does not have an adverse affect on adjacent agricultural lands of long-term commercial significance. Habitable structures within the planned development shall be set back a minimum 100 feet from adjacent agricultural properties.
H. Visual Impacts. Planned development applications shall show that design and construction standards will minimize the aesthetic impact of the proposal on the site. The application shall include provisions which assure that no artificial lighting is directed off site. The application shall also describe what steps are being taken to maintain integrity of the terrain (native vegetation, plantings, streams) and to maintain architectural and building clusters compatible with the surrounding area.
I. Archaeological and Historical Features. Planned development applications shall show that any development located on or near a historical or archaeological site is consistent with and would not destroy or have an adverse affect on the historical or archaeological site.
J. County Fiscal Impact. Applications shall estimate the cost to the county for the new services and facilities which will be required to support the specific needs of development. Services and facilities that shall be reviewed include: schools, roads, law enforcement, junior taxing districts and general government services. A description shall be included to show whether or not the indicated staging of the development will generate services or facility demand in advance of the fiscal and physical ability of the county or the county districts to provide them. If such an increase in services is projected, an acceptable means for providing such services must be furnished.
K. Reduction of Nonconforming Uses. Planned development applications shall show that the development will result in the upgrading or elimination of existing nonconforming uses and structures which occur on the subject property. (Structures or buildings designated as historical by state of Washington may be granted a waiver of this provision by the hearing examiner.)
L. Critical Areas. Show that critical areas regulations have been addressed.
M. Transportation. Applicant shall show that the development is planned to meet the design standards of OCC Title 16, Subdivisions, and Okanogan County road and street standards and guidelines for development and, if applicable, Washington State highway standards.
N. Employee Housing. Applicant shall show that the requirements for employee housing are met (see OCC 17A.200.030(C)). Employee housing shall be located on site and integrated with other housing provided by the project.
O. Utilities. Applicant shall show how utilities will be provided to the development. Applicant shall provide electricity to the development. The county may find that alternative, nonconventional power sources are practical upon written evidence presented by the applicant. Utilities shall be underground, including, but not limited to, electricity, communications and street lighting. Where topography, soil, or other conditions make underground installation impractical and written evidence is presented by the supplier of the utility, the county may waive the requirement for underground utilities. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.100 Preapplication consultation.
A. Preapplication consultation with county departments and resource agencies is mandatory for planned development projects. Upon receiving a request for preapplication consultation, the administrator will request a meeting with the appropriate county and resource agencies and the applicant. The purpose of this meeting is to assist the applicant in identification of site constraints and suggest potential solutions where possible. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.110 Application for planned development.
Application, Hearing, Evaluation Criteria and Decision. Upon completion of the mandatory consultation, the preliminary PD request will proceed upon receipt of 12 copies of the following:
A. Application.
1. The applicant shall submit a completed PD rezone application.
2. The application shall be accompanied by a development site plan which includes the following:
a. A dimensional map, drawn to a scale of not less than one inch equals 100 feet; except, for applications of more than 40 acres, a scale drawing of the entire site shall be included with an insert drawing that delineates the areas of primary development activities at the above-mentioned scale or as prearranged with the administrator or designee. The dimensional map sheet shall include a vicinity map at a reduced scale showing the proposed development in relation to existing landmarks (e.g., state or county roads, towns, etc.);
b. Boundaries of the site;
c. Names and dimensions of all existing and proposed roads serving, adjacent to or lying within one-quarter mile of the site of the proposed property;
d. Proposed zones of influence and/or approximate footprints of proposed buildings, together with proposed footprints of commercial buildings;
e. Proposed location and dimension of common open space and privately owned open space;
f. Proposed public dedications;
g. Location, dimension and schematic design of off-street parking facilities, showing points of ingress and egress from the site;
h. Location of major physical features, such as drainage ways, canals, and shorelines;
i. Location of known critical areas, including fish and wildlife habitat conservation areas, wetlands, aquifer recharge areas, frequently flooded areas, and geologically hazardous areas;
j. Existing topographic contours for the entire site utilizing the best information available, such as USGS maps or Department of Transportation maps (utility and roadway corridors may use plan profile instead of contours except where erosion control measures are required). For large development sites, contour intervals of not more than five feet, together with identification of existing drainage and vegetation shall be provided for the area including and adjacent to actual development activities for a distance of 250 feet;
k. Proposed land uses, densities and building types and sizes;
l. Pedestrian and vehicular circulation pattern;
m. Location and type of all existing and proposed recreational improvements, if any;
n. Conceptual landscape plan;
o. Conceptual utility plans, including utility easements; and
p. Snow removal/storage/water quality protection plan.
3. A written program that includes an explanation of the density of development proposed and open space provisions together with the following:
a. A description in a concise statement of the general public benefit that will result from the development of the proposed project. Benefits to be described may include but are not limited to:
i. Increased open space;
ii. Special wildlife or recreation benefits resulting from innovative or optional development techniques;
iii. The creation of compatible multiple use projects that include residential, commercial and/or industrial; and
iv. The development of perimeter transition with surrounding land uses.
b. Additional written information shall provide a detailed evaluation and/or analysis of the following:
i. Proposed ownership pattern;
ii. Proposed covenants, conditions and restrictions (CC&Rs), including operation and maintenance proposal (i.e., condominiums, homeowner’s association, co-op, time share or other);
iii. General timetable of development (describe project phasing if applicable);
iv. Description of existing and/or proposed community and recreational facilities;
v. Water supply system (including proposed water conservation measures where necessary);
vi. Wastewater disposal system;
vii. Geophysical characteristics (i.e., soils, slope, drainage and areas of erosion);
viii. Temporary and permanent erosion control plan (including cross sections and site plans that meet the performance standards in OCC 17A.200.090(C));
ix. Compatibility with existing land uses;
x. Visual impacts, existing and proposed landscaping, and identification of view corridors;
xi. Description of known archaeological and historical features;
xii. Air quality considerations and mitigation measures (e.g., dust suppression);
xiii. Traffic circulation elements (both on and off site, including required improvements and right-of-way dedications);
xiv. Utility installations (all utilities, including power) shall be underground, except where site constraints prohibit such installations and such change is approved by the hearing examiner);
xv. Noise considerations and mitigation measures (e.g., vegetative buffers);
xvi. Specifications regarding how the planned development application has been designed to mitigate significant adverse impact on fish and wildlife habitat conservation areas including but not limited to critical deer wintering areas, spring ranges, fawning sites, nesting grounds, commercial and game fish spawning areas, breeding areas, etc.; and
xvii. Noxious weed control plan.
B. Agency Review.
1. The administrator shall distribute copies of the application to the agencies which are potentially affected by the proposed development, are determined to have relevant expertise, or who request notification.
2. Agencies involved in the review of the proposed project application shall be allowed 21 days from the postmarked date on the notice from the county in which to comment on the project. The administrator may extend the comment period up to 15 days at the request of a reviewing agency for unique, complex or unusually large project proposals. Any reviewing agency which comments upon the proposed development or which requests such status shall be noted in the files as a party of record and Okanogan County will attempt to provide copies of all reports, meeting minutes, notice of meetings, and decisions involving the proposal.
3. Lack of comment by an agency with the time period specified by these provisions shall be construed as lack of objection to the proposal. Any consulted agency that fails to submit a response in the time period specified by these provisions shall thereafter waive the option of alleging any defects relative to compliance with this chapter.
C. Hearing.
1. The application for a planned development shall be noticed and heard by the hearing examiner in a time and manner provided for in OCC 16.20.040 and Chapter 36.70 RCW; and
2. The commission may continue the hearing to a time, date, and place certain if they determine that additional information is required.
D. Evaluation Criteria.
1. At the public hearing, the hearing examiner shall consider all relevant evidence to determine the adequacy of the preliminary plan, including consideration of OCC 17A.200.010, 17A.200.030, and 17A.200.110(A)(2) and (3), together with any information developed as part of the SEPA review of the proposal, and any input received from reviewing agencies;
2. When, in the opinion of the hearing examiner, the review of the preliminary application indicates the presence of significant adverse impacts, the hearing examiner shall recommend the imposition of conditions or performance standards designed to mitigate the adverse impacts. If, in the opinion of the hearing examiner, impacts cannot be mitigated sufficiently to assure maintenance of the public health, safety and welfare, and/or the applicable comprehensive planning goals are not met, they may recommend disapproval of the application;
3. The hearing examiner shall recommend posting of a bond or acceptable surety in an amount equal to at least 120 percent of the estimated cost of the required improvements in the following circumstances:
a. When the proposal calls for construction or alteration of roads, utilities or other improvements for which a public agency would have responsibility for completion should the applicant fail to make adequate installation;
b. When required improvements will not be completed at the time of final plan approval. A bond may also be required to assure site restoration in the event a partially completed project is abandoned. Bonding may be adjusted to meet the phasing schedule. Bonds shall be filed with the Okanogan County department of public works; and
4. If the PD is to be developed in phases, the hearing examiner shall ensure that open space and facilities proposed for the entire development be developed or committed in proportion to the number of dwelling units to be constructed in each phase.
E. Decision.
1. The hearing examiner shall recommend that the preliminary planned development be approved, conditionally approved, or disapproved. Conditions of approval shall be precisely recited in the hearing examiner’s report;
2. Not later than 14 days following conclusion of the hearing, the hearing examiner shall submit its written report and recommendations to the board of county commissioners. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.120 Board of county commissioner’s action.
Preliminary Application. Upon receipt of the hearing examiner’s recommendation, the board shall, at its next public meeting, set the date for the public hearing at which the board shall consider the hearing examiner’s recommendations.
A. The board shall decide whether the public use and interest will be served by approving the preliminary planned development.
B. The board, after reviewing the recommendations of the hearing examiner, public testimony and accompanying reports, recommendations and documentations, and any other relevant evidence presented to it, shall either approve, conditionally approve, refer to the hearing examiner for further review and recommendation, or disapprove the preliminary planned development. The board’s action shall include findings of fact and conclusions leading to the decision.
C. In the event the board approves or conditionally approves the preliminary application, such approval shall be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation pattern. Approval of the preliminary application shall constitute authorization for the applicant to develop the streets, utilities and such other infrastructure improvements in accordance with construction drawings approved by the Okanogan County public works department and with landscaping and/or weed control. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.130 Final plan – Submittal.
Within three years from the date of the approval by the board of the preliminary planned development, the applicant shall file an application for approval of the final development plan of the proposed planned development with the administrator. An applicant who files a written request with the board at least 30 days before the expiration of the three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final planned development within the three-year period. The board may grant additional extensions upon petition by the applicant which demonstrates extraordinary hardship as determined by the board. If the application for approval of the final development plan is not filed within three years or within the extended time period, if any, the approval of the preliminary planned development shall be void. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.140 Final plan and program requirements.
The elements of the final development plan and program shall be as follows:
A. Plan Elements.
1. A topographical base map prepared by a registered architect, landscape architect, land surveyor or engineer drawn to a scale of not less than one inch to 100 feet with proposed contours shown at one- to five-foot intervals within 250 feet of the major construction activities, unless prior approval for a change in scale is approved by the administrator;
2. Boundary survey by a licensed land surveyor including location, with the names of all existing and proposed streets, public ways, railroad and utility rights-of-way, parks or other open spaces within the development, in accordance with OCC Title 16, Subdivisions;
3. Existing on site or sanitary sewer systems, water wells or mains and other underground facilities within and adjacent to the development and their certified capacities;
4. Proposed on-site or sanitary sewer systems or other waste disposal facilities, water mains and other underground utilities;
5. The approved preliminary planned development plan;
6. Community facilities plan, if applicable;
7. Location and amount of open space;
8. Traffic management plan;
9. A final landscape plan that includes: planting and irrigation plan, location and dimension of walks, trails, easements, or permitted access to public lands or areas, and/or their relationship to the Okanogan County comprehensive plan;
10. Location, arrangement, number and dimensions of truck loading and unloading spaces and docks, if applicable;
11. Location, arrangement, number and dimensions of auto garages and parking spaces, width of aisles, bays and angles of parking;
12. Preliminary plans, elevations of typical buildings and/or structures, indicating general height, bulk, and number of dwelling units; and
13. Approximate location, height and materials of all walls, fences and screen plantings.
B. Program Elements.
1. Tables showing total number of acres, distribution of area by use, percent designated for each dwelling, type of off-street parking, streets, parks, playgrounds, schools and open spaces;
2. Tables indicating overall densities and density by dwelling types and proposal for limitation of density;
3. Restrictive covenants with backup authority for Okanogan County, including those relating to retention and maintenance of common open space; and
4. Estimated development timetable (with phasing plan, if applicable) including commencement and completion dates for all buildings, structures and required improvements. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.150 Final plan review and board action.
A. The administrator shall determine that all the requirements of subsection B of this section are satisfied, that the final development plan is substantially consistent with the preliminary planned development and any additional conditions approved by the board have been fulfilled.
B. The board shall, at its next public meeting or any continued meeting, determine:
1. Whether the final development plan is consistent with the preliminary application along with the conditions imposed;
2. Whether the bond, if there be one, assures the completion of improvements; and
3. Whether the requirements of state law and this title have been satisfied by the developer.
The board shall thereupon take action to approve, refer to the hearing examiner for further review and recommendation, or disapprove the proposed final plan. If the board approves the plan, the applicant shall provide a reproducible copy of the final plan with any required changes and applicant signatures on stable base mylar polyester film, or equivalent approved material for signature of the same parties who are authorized to approve final plats pursuant to OCC Title 16. The original will then be returned to the applicant to be submitted to the county treasurer for signature. One copy on paper shall be submitted to the county office of planning and development.
C. The final approved document, including the detailed map, all terms and conditions of approval and articles of incorporation of any homeowner’s association or like entity created, shall be filed with the Okanogan County auditor.
D. The terms and conditions of the PD as approved, including the plan features contained on the detailed PD map or related final plan map approved by the board, shall constitute limitations on the use and design of the site which shall be enforced by any and all means included in Chapter 17A.360 OCC.
E. Approval by the board of the final development plan shall constitute authorization for the applicant, successors or assignees of the applicant to develop the site following issuance of appropriate permits by the county in accordance with the development plan and any conditions imposed by the board. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.160 Building permits.
A. Issuance after Final Plan Approval. Building permits shall be issued for construction only in accordance with the plan and program elements of the PD after final approval by the board of county commissioners. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.170 Modifications to development plan and program.
A. Minor Modifications. Applications for a minor modification of a final development plan and program shall include the minor shifting of the location of buildings, streets, public or private rights-of-way and easements, parks or other features of the plan, the consolidation of lots, minor shifting of lot lines, and all other changes deemed minor by the planning director which do not materially affect the intent of the plan, but shall not include those changes which decrease the total amount of dedicated open space below a level required under the original approval of the final development plan. Minor modifications shall be approved by the planning director. A revised plat shall be filed with the Okanogan County auditor.
B. Intermediate Modifications. Applications for intermediate modifications of a final development plan and program shall include changes in the location of lots, changes in the location of uses, changes in use from residential to tourist-residential, transfers of density or use from one location or lot to another, decreases in the total amount of dedicated open space to a level less than the original approval of the final development plan, and changes to the zones of influence under OCC 17A.200.050. Intermediate changes to a final development plan and program shall be reviewed by the regional hearing examiner at a public hearing, upon public notice as provided for in RCW 58.17.090. Intermediate modifications shall be approved by the planning director upon recommendation by the regional hearing examiner. A revised plat shall be filed with the Okanogan County auditor.
C. Major Modifications. Applications for major modifications of a final development plan and program shall include those changes not deemed a minor or intermediate modification by the planning director. All applications for major modifications shall be processed as if such application were an original application for a planned development and shall be submitted to the regional hearing examiner, hearings held and recommendations made to the board of county commissioners for approval or denial. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.180 Final planned development – Action on nondevelopment.
If, within five years after the granting of final approval of a planned development, building permits have not been issued pursuant to the approved project, the hearing examiner shall review on its own motion the grant of such planned development at a public hearing after giving written notice of such hearing to all persons claiming any right, title or interest of record in and to the affected property and adjacent property owners. Notice shall be given at least 20 days prior to such hearing, and after otherwise giving notice of such hearing as required by this title. Hearings shall be held at times and in a manner prescribed by this title and may be continued as provided therein. The hearing examiner shall determine whether the continued existence of the planned development is in the public interest, and such determination shall be based on the criteria specified in OCC 17A.200.010. The hearing examiner shall adopt a motion which shall recommend to the board of county commissioners that the final planned development be continued or extinguished. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).
17A.200.190 Damaged building restoration.
Replacement or reconstruction of any building or improvements to buildings damaged or destroyed shall substantially conform to the originally approved planned development. (Ord. 2016-4 § 1 (Att. A), 2016).