Chapter 17.29


17.29.010    Purpose.

17.29.020    Procedures.

17.29.030    Preapplication consultation.

17.29.040    Notification of planning agency.

17.29.050    Circulation for comments.

17.29.060    Public hearing and notice.

17.29.070    Application—Form and content

17.29.080    General design and location standards.

17.29.090    Modifications and incentives.

17.29.100    Administrator action.

17.29.110    Planning agency action.

17.29.120    Continuance of hearing.

17.29.130    City council action.

17.29.140    Recording of final planned development.

17.29.150    Major and minor modifications.

17.29.160    Action on non-development.

17.29.010 Purpose.

The purpose of the planned development is to encourage the total planning of residential developments consistent with comprehensive planning policies by achieving flexibility from customary platting and zoning standards. The intent is to avoid rigidity associated with traditional approaches to land use and permit applicant and zoning authority to tailor specific desirable development design to a particular tract of land. (Ord. 612 (part), 1995)

17.29.020 Procedures.

There are different procedures for two types of planned developments. Depending on the character of the planned development proposal, the following procedures shall apply:

A. Binding Site Plan Development. This type of planned development does not include the legal subdivision of property for the purpose of selling individual lots; however, it may be used for lots created for lease or similar circumstance. An application for a binding site plan development, as described in this chapter, may be initiated by the owner(s) of all property proposed for the planned development by filing an application with the city clerk or authorized administrator at least thirty days prior to the planning agency meeting at which the proposal is to be considered.

B. Planned Unit Development. If a planned development includes a subdivision of property, the procedures for processing a subdivision contained in the city’s subdivision ordinance shall be used to process the planned development proposal while applying the provisions contained in sections 17.29.070, 17.29.080 and 17.29.090. When approved, the planned development shall then be filed with the county auditor as a planned unit development with all subdivision and zoning provisions and certificates included on the face of the filing form specified in the subdivision regulations; however, it shall include the title “City of Brewster Planned Unit Development”. (Ord. 612 (part), 1995)

17.29.030 Preapplication consultation.

An applicant is encouraged to request an informal review of a project with the administrator prior to submittal of an application in order to identify site restraints and to ensure that the applicant has adequate understanding of the procedures outlined in this title. (Ord. 612 (part), 1995)

17.29.040 Notification of planning agency.

Upon receipt of a complete application the authorized administrator shall forward a complete copy of the application to the planning agency at least fourteen days prior to the scheduled hearing. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.050 Circulation for comments.

The administrator shall circulate an application to all department heads for comment. Additionally, the application shall be circulated among appropriate local, state and federal agencies for comment as required by the city’s SEPA procedures. (Ord. 612 (part), 1995)

17.29.060 Public hearing and notice.

Before an application for a planned development is acted upon, it shall be considered at a public hearing before the planning agency. Notice of public hearing shall be given in accordance with the following:

A. By sending copies of the notice by mail not less than seven days prior to the date of the hearing to all properly owners within the area enclosed by the lines parallel to and two hundred feet from the exterior boundaries of the property involved, using for this purpose the names and addresses of owners as shown upon the records of the county assessor;

B. By posting not less than seven days prior to the hearing at least three conspicuous copies of this notice, printed or written, in a conspicuous place at or near the location of the proposed action;

C. By causing to be published in the city’s official newspaper, a notice of the hearing not less than seven days before the hearing. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.070 Application—Form and content

This section outlines the requirements for the complete application for a planned development.

For preliminary approval, the drawing required in subsection B of this section may be presented in a conceptual form which presents the general detail of the project; provided, however, that before final approval can be received a final drawing must be prepared that conforms to the requirements of this section.

A. Written Description Required. Each application shall include a written narrative explaining general concept and intent for the usage of land within the planned development; how the design is consistent with the comprehensive planning goals; operation and maintenance proposal; and, any other pertinent information not readily identifiable in map form.

B. Drawing Required. An accurate drawing of the plan shall be required, the scale of which shall permit the plan to be drawn on eighteen-inch by twenty-four-inch mylar or similar material that allows for reproduction, but not less than one hundred feet to the inch. The drawing shall contain at least the following information: the specific name of the planned development; a legal description of the property, the boundaries of the site; size of the site in acreage, names and dimensions of all streets bounding or touching the site; the proposed locations and dimensions of all open space; areas proposed to be developed including the approximate footprints and sizes of proposed buildings; proposed densities and building types; proposed public dedications and easements; location and design of off-street parking facilities showing points of ingress to and egress from the site; the location, direction and bearing of any major physiographic features such as railroads, drainage canals, streams and other shorelines; all designated critical areas; and, existing topographic contours at intervals of not less than five feet together with any proposes plans for grading, drainage and landscaping. (Ord. 612 (part), 1995)

17.29.080 General design and location standards.

The following standards shall apply to planned developments:

A. Soils and Surface 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 and that the project 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 how grading and contouring will affect drainage and runoff patterns. Disposal of stormwater onto adjacent facilities shall be limited to no more than those facilities will accommodate. The administrator may require that the application show that the development has been designed to accommodate runoff amounts equivalent to a fifty-year design storm or a one-hundred-year flood event based on an engineering design analysis including existing flows. Such amount and determination shall be on the basis of full development of the affected properties. Accommodation of runoff, both on and off the development site, shall be to preserve natural patterns and facilities to the greatest extent feasible.

C. Architectural Considerations. Planned development applications shall describe what steps are being taken to maintain architectural compatibility with the surrounding area.

D. Plan for Extension of Utilities Required. Applications shall include a plan and program for the extension of such utilities as power, telephone, water and sewer that are required by the development. Evidence shall be provided that there exists sufficient demand for utility extensions.

E. Transportation. Applications shall include an on-site and off-site traffic engineering analysis; an evaluation of the likely impacts upon the affected sections of adjacent road systems including the nature and amount of traffic likely to be generated by the development; and, the effect this traffic would have on the physical conditions or level of services and safety on existing and proposed roadways and highways. The applications shall also show how parking areas have been designed to maximize efficient utilization of land.

F. Consistency of Location, Use and Design with Comprehensive Plan. The application shall show how the proposed project design and location meets the goals and objectives of the comprehensive plan. Provisions and uses described in the comprehensive plan which apply to the area in which the planned development is proposed shall be considered by the planning agency and may be a basis for the imposition of additional requirements or for the denial of the application.

G. Reference to Underlying Zoning District. Planned developments are permitted only when allowed in the underlying zoning district. Approval of the planned development does not nullify the use requirements of the underlying zoning district. (Ord. 612 (part), 1995)

17.29.090 Modifications and incentives.

In considering a planned development project, the approval thereof may involve modifications to the regulations, requirements and land use and development standards of specific zoning requirements of the zone in which the project is located. In modifications of such regulations and standards, the following limitations shall apply:

A. Yards. The requirements for yard setbacks in the underlying zoning district in which the planned development is proposed shall apply to all exterior boundary lines of the site. Interior yard setback requirements may vary upon approval of the planning agency.

B. Open Space. Residential planned developments shall have a minimum of thirty percent of the total area of the planned development dedicated or reserved as common and/or public open space land. The open space shall be permanently restricted as to use and size. The planning agency shall assure that adequate measures are provided to manage the open space.

C. Height of Buildings. Heights for buildings or structures in the underlying zoning district in which the planned development is proposed shall apply.

D. Permitted Building Coverage. Permitted building coverage may not exceed forty percent of the total area for the planned unit development. (Ord. 926 § 2 (part), 2020; Ord. 857 §§ 14, 15, 2014: Ord. 612 (part), 1995)

17.29.100 Administrator action.

Upon completion of review of an application, the administrator shall prepare a staff report for the planning agency that includes recommendations for approval, approval with conditions or denial of the application. Additionally, the administrator shall address all comments received as a result of circulation of the application. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.110 Planning agency action.

After holding a public hearing and considering the project in light of the standards set out in Section 17.29.080, the agency shall recommend that the city council approve, conditionally approve or reject the application; and, shall cause to be prepared a findings of fact outlining the reasons for such action. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.120 Continuance of hearing.

The planning agency may recess the public hearing in order to obtain additional information. Upon recessing for this purpose, the agency shall announce the time and date when the hearing will be resumed. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.130 City council action.

The city council shall approve, conditionally approve or reject the application; and, shall cause to be prepared a findings of fact and may use the same findings of fact of the planning agency if the council’s reasons for such action are consistent with those recommended by the agency. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.140 Recording of final planned development.

Upon approval of the planned development application, the applicant shall provide a reproducible copy of the final plan, on stable base mylar polyester film or equivalent approved material, in accordance with Section 17.29.070B; and, including any conditions imposed by the city council. The final recording form shall include certificates for approval by the administrator, the public works superintendent, a representative of the council, the county treasurer to ascertain payment of property taxes and any additional authorities as appropriate for the development. The original will be returned with appropriate signatures to the applicant to be submitted to the Okanogan County treasurer’s office for signature. The final approved document will then be filed with the Okanogan County auditor. If the development is a planned unit development that includes subdivision it shall be filed as required by the city’s subdivision ordinance and shall include requirements of this section. (Ord. 612 (part), 1995)

17.29.150 Major and minor modifications.

A. Major Modifications. Applications for major modifications in the final development plan must be submitted to the planning agency, hearing held and recommendations made and referred to the city council, as if such application were an original application for planned development.

B. Minor Modifications. Minor modifications in the final development plan may be approved by the administrator. Such changes may include minor shifting of the location of buildings, proposed streets, public or private ways between the easements, parks or other public open spaces, or other features of the plan, but shall not include increases in density, changes of boundaries, changes in land use or other changes of location which are not devoted to specific land uses. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)

17.29.160 Action on non-development.

If, within a period of three years after granting final approval of a planned development, building permits have not been issued pursuant to the approved project, the planning agency 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 which notice shall be given at least twenty days prior to such hearing.

The planning agency 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 Section 17.04.020. At the conclusion of such hearing, the planning agency shall adopt a motion on the affirmative vote of a majority of its voting members which shall recommend to the city council that the existence of said planned development be continued or extinguished. (Ord. 926 § 2 (part), 2020; Ord. 612 (part), 1995)