Chapter 17.52
ZONE PDD – PLANNED
DEVELOPMENT DISTRICT1

Sections:

17.52.010    Purpose.

17.52.020    Zoning district – Reversion.

17.52.030    Initiation of project – Application – Fee.

17.52.040    Phased development.

17.52.050    Combined applications.

17.52.060    Application – Supporting documentation.

17.52.070    Preliminary development plan – Staff recommendations to hearing examiner.

17.52.080    Preliminary development plan – Review by hearing examiner.

17.52.090    Project densities.

17.52.100    Preliminary development plan – Council review.

17.52.110    Minor changes to preliminary development plan.

17.52.120    Final development plan – Filing requirements.

17.52.130    Public benefit demonstration.

17.52.140    Retention and maintenance of common open space.

17.52.150    Final development plan – Failure to file – Termination.

17.52.160    Final development plan – Extension of time for filing.

17.52.170    Final development plan – Staff recommendations to city council – Public meeting.

17.52.180    Repealed.

17.52.190    Final development plan – City council decision.

17.52.200    Repealed.

17.52.210    Final development plan – Bond required.

17.52.220    Final development plan – Effect.

17.52.230    Undergrounding of utilities.

17.52.240    Zoning map revision.

17.52.250    Building permits.

17.52.260    Subdivision/binding site plan requirements.

17.52.270    Sale of lots.

17.52.280    Lots subject to final development plan.

17.52.290    Plan modifications and amendments.

17.52.300    Repealed.

17.52.310    Repealed.

17.52.320    Applicability of provisions.

17.52.330    Repealed.

17.52.340    Reconstruction of buildings or improvements.

17.52.010 Purpose.

The Planned Development District (“PDD”) is a separate zoning classification that is intended to allow new development which is consistent with the comprehensive plan but would not be permitted in other zoning districts due to limitations in the dimensional standards, permitted uses or accessory uses. More specifically, the purposes of this chapter are to:

A. Permit flexibility in development design and/or combination of uses that will result in more efficient and desirable uses of land;

B. Encourage creativity in design to produce a development that would be better than possible under one of the other zoning classifications;

C. Facilitate development adaptations to meet anticipated market demands and/or better utilize sites with special features such as environmentally sensitive areas or unusual shape or size;

D. Increase the amount of open space, preserve scenic view corridors and protect natural areas including environmentally sensitive areas;

E. Produce innovative developments that implement the policies, spirit and intent of the comprehensive plan, shoreline management plan, zoning code, subdivision code, standards ordinance and other applicable city land use regulations. (Ord. 1533 § 6 (Exh. 51) (part), 2017: Ord. 983 § 1 (part), 1994).

17.52.020 Zoning district – Reversion.

A PDD, approved in accordance with the procedures of this chapter, shall be considered a zoning district overlay and the uses within the PDD shall be limited to those which are specifically approved in that PDD development plan including recreational and open spaces, and shall be consistent with the base zone. PDDs may specifically permit all proposed uses and developments which can be shown to be in conformance with the policies of the comprehensive plan and the uses allowed in the base zone. PDDs are permitted at any location in the city subject to the provisions of this chapter. Approval of a PDD shall modify and supersede all regulations of the underlying zoning district. If an approved PDD ceases to exist for whatever reason, the area covered by such PDD shall revert back to its previous city zoning district classification without the PDD overlay; provided, that areas zoned PDD at the time of annexation into the city shall be zoned R-L Single-Family Residential and the uses within such area shall be limited to those uses then allowed in the original zoning district or the R-L Single-Family Residential zone as applicable. (Ord. 1533 § 6 (Exh. 52) (part), 2017: Ord. 983 § 1 (part), 1994).

17.52.030 Initiation of project – Application – Fee.

An application for the approval of a proposed PDD shall be made on forms provided by the city. A completed application must include all supporting documentation required pursuant to Section 17.52.060 and a nonrefundable filing fee together with a written commitment to pay all fees associated with the project as established by resolution of the city council. Application shall be made by the owner or owners of the parcel or parcels intended to be developed as a unit, or his or their duly authorized agent or agents. The ownership of all the parcels to be included must join in or be represented in the application. PDD projects may be initiated by any owner or group of owners of property acting jointly, or as a developer authorized to act as an agent for an owner or group of owners. The term “applicant” as used in this chapter shall mean and include all present and future owners of parcels included within the PDD. (Ord. 983 § 1 (part), 1994).

17.52.040 Phased development.

Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the applicant which is contiguous to the initial development site together with a description of said properties’ possible eventual development through all potential phases, shall be submitted with the application for the first phase. The described plan shall conform to the purposes of this chapter. The city’s comprehensive plan shall be used by the city in reviewing all phases of the development. (Ord. 983 § 1 (part), 1994).

17.52.050 Combined applications.

A. A preliminary PDD may be concurrently processed with a comprehensive plan future land use plan/zoning district map amendment.

B. Except where processed with as part of a comprehensive plan future land use plan/zoning district map amendment, a preliminary development plan and final development plan may be combined and processed together through the review process as a final development plan.

C. In addition, the applicant may file a concurrent subdivision or binding site plan application meeting the applicable requirements of Title 16 which shall be processed concurrently with the PDD application.

D. In case of conflict between the time limits set forth in this chapter and in other provisions of the Chelan Municipal Code or applicable state law, those provisions requiring public notice to be given the furthest in advance of the pending action shall prevail over conflicting provisions specifying that notice shall be given within a shorter time prior to the action. (Ord. 1533 § 6 (Exh. 53) (part), 2017: Ord. 1247 § 1, 2002; Ord. 983 § 1 (part), 1994).

17.52.060 Application – Supporting documentation.

An application for a PDD shall be accompanied by a project narrative and a conceptual master site plan that allows for analysis of overall project concepts and phasing as well as review of how the major project elements work together to implement city goals and policies. Master plan review allows for consideration and mitigation of cumulative impacts from large-scale development and allows for coordination with city capital improvement planning. Master plan review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. Specific application materials include the following:

A. A legal description and site location map of the property showing the location of the site and its relationship to surrounding areas, including existing streets, driveways, major physiographic features such as lakes, streams, shorelines, schools, parks and other prominent features;

B. A conceptual master site plan showing compatibility of development within the master plan area, and compatibility of anticipated uses in areas adjacent to and abutting the master plan area. The conceptual features shall be illustrated on a scaled map or maps of the site at a scale not smaller than one hundred feet equals one inch, or other scale approved by the city planning department. Unless waived in writing by the city planning department as inapplicable or unnecessary to the understanding of the preliminary PDD, the conceptual master site plan shall show at a minimum the following items:

1. Site boundaries;

2. Streets abounding or abutting the site;

3. Existing topographic contours at intervals of not more than five feet, together with conceptual grading, drainage, and landscaping plans;

4. Special features, including all existing environmentally sensitive areas as defined in Title 14 accompanied with a text describing conditions or features which cannot be accurately displayed on maps or drawings;

5. Existing buildings and indication of future use or disposition;

6. Proposed land uses and densities;

7. Proposed development areas including building footprints, including conceptual elevations or illustrative photos of similar development, identification of types, the number of dwelling units in each residential type and the number of square feet in each commercial type;

8. Proposed location of off-street parking facilities showing points of ingress to and egress from the site;

9. Proposed pedestrian and vehicular circulation pattern and proposed types of circulation facilities;

10. Proposed location and dimension of all common open spaces;

11. Proposed location of utilities including water, sewer, storm drainage, solid waste collection, power and communications;

12. Proposed streets and associated improvements and parks and open spaces;

13. Preliminary description of plans for covenants, uses and continuous maintenance provisions for the project;

14. Any other specific information requested by the city planning department or any other applicable provisions of the Chelan Municipal Code;

C. A preliminary development plan consisting of a written statement for development setting out detailed information concerning the following subjects as they may be involved in the development, including, but not limited to the following items:

1. Market analysis of proposed use;

2. Proposed ownership method;

3. Proposed operation and maintenance of development and landscaping;

4. Provisions to assure permanence and maintenance of common open spaces through homeowner association formation, condominium development, or other means acceptable to the city;

5. General timetable for development, including future phases;

6. Impact on community facilities and services including but not limited to streets, schools, parks, medical, fire, police, water, sewer, storm drainage, solid waste and public transportation;

7. Compatibility with surrounding land uses; and

8. An assessment of how the project is consistent with the purpose of the comprehensive plan and base zone, as well as PDD criteria, and where the project differs from existing standards for similar uses or facilities outside without the PDD. (Ord. 1533 § 6 (Exh. 54) (part), 2017: Ord. 983 § 1 (part), 1994).

17.52.070 Preliminary development plan – Staff recommendations to hearing examiner.

After receiving the preliminary development plan, the city planning department shall route the same to all appropriate city departments, and each department shall submit to the city planning department comments and recommendations. After receiving such information from the other city departments, the city planning department shall present recommendations and conclusions to the hearing examiner at a public hearing on the preliminary development plan after notice is given in the manner required by Section 19.03.030. (Ord. 1319 § 4 (Exh. C), 2006: Ord. 983 § 1 (part), 1994).

17.52.080 Preliminary development plan – Review by hearing examiner.

A. The PDD application shall be considered at a public hearing before the hearing examiner after notices given in the manner required by Title 19 of the Chelan Municipal Code as the same exists now or may hereafter be amended. The hearing examiner shall hold a public hearing to consider the proposed PDD application after receiving the completed PDD application. Following the public hearing, the hearing examiner may recommend approval of the preliminary development plan as proposed, recommend approval with changes and/or conditions, or recommend disapproval of the application.

B. The hearing examiner’s decision to approve or deny the application shall at a minimum be based on an analysis of the following criteria:

1. The proposal’s harmony with the surrounding area;

2. The adequacy of the size of the area to be included in the proposed overlay zone to accommodate the contemplated developments;

3. Whether the land use proposed could be achieved without the proposed PDD;

4. The ability to ensure that the land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible;

5. A determination whether utility services and other improvements, existing and proposed, are adequate for the development and are to be completed by the estimated completion date of the PDD;

6. A determination whether each phase of the proposed development, as it is planned to be completed, contains adequate parking spaces, recreation spaces, open spaces, and landscaping necessary for creating and sustaining a desired and stable environment; and

7. The project substantially conforms with the purposes and standards prescribed in this chapter and the city’s comprehensive plan, along with any other applicable plans and standards that have been adopted by the city pursuant to ordinance or resolution. (Ord. 1319 § 4 (Exh. D), 2006: Ord. 1247 § 2, 2002; Ord. 983 § 1 (part), 1994).

17.52.090 Project densities.

The hearing examiner may recommend approval of a population density for a PDD, even though such density may be greater than that specified in the comprehensive plan for the city for the area containing the PDD if, in the opinion of the hearing examiner, the design of the PDD will offer public benefits not otherwise achievable under the current zoning standards, and if it is demonstrated that the PDD with the density bonus will not result in inconvenience or unsafe access to the PDD, traffic congestion in the private or public streets which adjoin the PDD or excessive burden on parks, recreation areas, schools and other public facilities which serve or are proposed to serve the PDD. (Ord. 1533 § 6 (Exh. 55) (part), 2017: Ord. 1319 § 4 (Exh. E), 2006: Ord. 1061 § 29, 1997: Ord. 983 § 1 (part), 1994).

17.52.100 Preliminary development plan – Council review.

A. Following the public hearing and any continuance thereof, the hearing examiner shall prepare written findings, conclusions, and a recommended decision and provide the same to the city council.

B. The city council shall, after receiving the hearing examiner’s findings, conclusions and recommendations, consider the proposed PDD at a public meeting and shall either:

1. Adopt the findings, conclusions and recommendations of the hearing examiner as the decision of the council;

2. Based upon the record of the public hearing before the hearing examiner, modify the findings and conclusions of the hearing examiner without changing the hearing examiner’s recommendation, and adopt the same as the decision of the council;

3. Reject the findings, conclusions and/or recommendations of the hearing examiner and adopt findings and conclusions of its own, based on the record from the hearing examiner’s public hearing, and enter its own decision; or

4. Remand the matter back to the hearing examiner with written instructions to make further recommendations on specific issues identified by the city council.

C. The decision of the city council approving or disapproving any proposed preliminary development plan for a PDD shall be final. Any appeal of the decision of the council concerning the preliminary development plan must be filed in Chelan County superior court and served on the city within twenty-one days after the decision of the city council.

D. The cost of the transcription of all records ordered certified by the court for such appeal shall be borne by the appellant at the rate prescribed by the administrator of this title. Such cost shall not exceed the amount necessary to reimburse the city for its expenses actually incurred. (Ord. 1319 § 4 (Exh. F), 2006: Ord. 1247 § 3, 2002: Ord. 983 § 1 (part), 1994).

17.52.110 Minor changes to preliminary development plan.

A. The applicant or the city may propose minor changes to an approved preliminary development plan. These changes shall be reviewed by the city council at a public meeting, after written notice to each person who has notified the city in writing of his/her desire to receive notification of future public meetings or hearings regarding the PDD under consideration. After such public meeting, the city council may either approve the proposed minor changes, with or without conditions, or may disapprove said changes.

B. It is the intention of this section to allow minor changes requested by either the city or the applicants so long as the revised preliminary development plan will involve the same land and otherwise substantially conform to the approved preliminary development plan.

C. Major changes or amendments to a previously approved preliminary development plan shall be processed in the same manner and shall be subject to the same requirements as any new proposed preliminary development plan. (Ord. 1247 § 4, 2002; Ord. 983 § 1 (part), 1994).

17.52.120 Final development plan – Filing requirements.

Following the council approval of the preliminary development plan and prior to actual development, the applicant(s) shall file, with the city planning department, a final development plan conforming to the approved preliminary development plan. In addition to the information required under Section 17.52.060 for the preliminary development plan, the final development plan shall include the following:

A. A survey of the property showing site boundaries, existing features for all areas to be developed or disturbed, including contours, buildings, structures, streets, utility easements, rights-of-way, and existing land uses;

B. Elevation and perspective drawings of project structures and improvements;

C. Agreements, covenants, or other provisions which will govern the use, maintenance, and insure continued protection of the PDD and all of its open areas and recreational facilities;

D. A development schedule indicating stages of development and a development time table;

E. Scale plans and diagrams showing the following:

1. Location, with names, of all existing and proposed parks or other open spaces, as provided by Sections 17.52.130 and 17.52.140, and all land uses within the boundaries of the development;

2. A circulation diagram indicating the proposed location and dimensions and names if applicable, of roads, walks, trails or easement to accommodate movement of vehicles and pedestrians within the PDD, along with any special engineering features and traffic regulating devices needed to facilitate or insure the safety of this circulation pattern;

3. An off-street parking plan showing location, arrangement, number and dimension of auto garages and parking spaces, width of aisles, bays and angle of parking; and location, arrangement, number and dimension of truck loading and unloading spaces and docks;

4. Landscaping (including tree planting plan, if applicable), lighting and site grading; and

5. A topographic map or model of the site and surrounding vicinity;

6. Existing sewers, water mains, storm drains and other underground facilities including power and communications within and adjacent to the development and their certified capacity;

7. Proposed sewer, storm drains, water mains, power, communications and other underground facilities;

F. If applicable, a preliminary subdivision plan or general binding site plan in the form required in Title 16 of the Chelan Municipal Code;

G. Preliminary plans, elevation of typical building and structures, indicating general height, bulk, number of dwelling units and square footage of commercial buildings; and

H. Approximate location, height and material of all walls, fences and screen plantings. (Ord. 1247 § 5, 2002; Ord. 983 § 1 (part), 1994).

17.52.130 Public benefit demonstration.

A. Common Open Space Requirements. In residential PDDs there shall be a minimum of twenty percent of the total area of the PDD dedicated or reserved as usable common open space land consisting of land that is not otherwise protected from development such as critical areas. Common open space in a PDD shall meet the following requirements:

1. The location, shape, size and character of the open space must be suitable for the PDD and consistent with the purposes of this chapter as set forth in Section 17.52.010;

2. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the PDD, considering its size, density, expected population, topography and number and type of dwelling units to be provided;

3. Common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved. The buildings, structures and improvements are permitted in the common open space as long as they conserve and enhance the amenities of the common open space in regard to its topography and unimproved condition.

B. The development time table, which is part of the final development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space and the construction of residential dwellings in the PDD.

C. The development shall demonstrate that it will meet a community need or provide improvements or project features that exceed the requirements of the other chapters of this title, the other titles of the city code, and the city design and construction standards. A development shall provide demonstrable public benefits, including at least two of the following:

1. Project includes senior or special needs housing, of at least twenty percent of total units, guaranteed to be dedicated to such use for a period of not less than fifty years through a deed restriction or other form acceptable to the administrator or city attorney.

2. Project provides two or more housing types that create greater housing variety and affordability that are not found or rare in the community.

3. Project involves the voluntary undergrounding of existing above ground utilities where such undergrounding would not otherwise be required.

4. The administrator, in consultation with the city parks department, determines that the project creates a park or trail system improvement not otherwise required by city development regulations that furthers the goals and objectives of an adopted city parks, recreation, trails, and/or open space plan.

5. The project design demonstrates a superior level of protection and/or enhancement for elements of the environment, including: air quality, water quality, natural topography, native vegetation, etc. For purposes of this category, superior level of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the environmental element.

6. Project design includes nonmotorized transportation features and amenities not otherwise required by the city code.

7. Project improves the public street(s) adjacent to the project site using a complete streets design to provide accommodation for pedestrians, bicyclists, transit riders, and persons of all abilities, where such improvements are not otherwise required by city development regulations.

8. The development provides public art and cultural amenities that reinforce the community’s identity and character, and has a long-term maintenance plan and agreement acceptable to the city.

9. Project demonstrates a high degree of innovation by providing one or more design features not listed elsewhere in this rating instrument or otherwise required by city development regulations that promote(s) sustainability, energy/water conservation or efficiency, community cohesion, neighborhood safety, adaptive reuse of existing development, or enhanced transportation circulation/mobility. (Ord. 1533 § 6 (Exh. 56) (part), 2017: Ord. 983 § 1 (part), 1994).

17.52.140 Retention and maintenance of common open space.

A. The final development plan shall include provisions, approved by the city council, to assure permanent retention and maintenance of the common open space including environmentally sensitive areas and view corridors in the PDD. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication is accepted by the city council, an undertaking by an association of owners of property within the PDD or in any other form or by any other method approved by the city council as being practical and legally sufficient to assure the permanent retention and maintenance of the common open space. All legal documents to carry out the plan in this regard shall be filed by the applicant with the final development plan and shall be subject to approval as to form by the city attorney. All such plans shall contain provisions whereby the city will be vested with 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, then in such event the city may, at its option, cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the PDD.

B. No common open space may be put to any use other than as specified in the approved final development plan unless the final development plan has been modified to permit such other use pursuant to Section 17.52.190. No such modification of use shall be deemed to be a waiver of any of the provisions of the approved final development plan assuring the permanent retention and maintenance of the common open space. (Ord. 983 § 1 (part), 1994).

17.52.150 Final development plan – Failure to file – Termination.

A. In the event the final development plan or any required supporting documents are not filed with the city planning department within twelve months following approval of a preliminary development plan, the approval of the preliminary development plan shall lapse and shall be deemed null and void and without force or effect.

B. The time period for filing of final development plans shall not include periods of time during which progress on the final development plan was reasonably halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the city pursuant to this chapter; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary development plan, whether due to the pendency of litigation, city approved extensions of time for filing, or otherwise, the applicant shall be required to comply with all current building, construction, subdivision and other applicable standards of the city prior to being granted approval of the final development plan. (Ord. 983 § 1 (part), 1994).

17.52.160 Final development plan – Extension of time for filing.

For good cause shown, the city council in its discretion, may grant one extension of up to six months of additional time for filing the final development plan and required supporting documents; provided, however, the city shall have the right to reexamine and update any conditions made to mitigate development impact. (Ord. 983 § 1 (part), 1994).

17.52.170 Final development plan – Staff recommendations to city council – Public meeting.

After receiving the final development plan, the city planning department shall route the same to all appropriate city departments, and each department shall submit to the city planning department comments and recommendations. After receiving such information from the other city departments, the city planning department shall present its recommendations and conclusions to the city council at a public meeting on the final development plan. (Ord. 1247 § 6, 2002: Ord. 983 § 1 (part), 1994).

17.52.180 Final development plan – Public hearing.

Repealed by Ord. 1247. (Ord. 983 § 1 (part), 1994).

17.52.190 Final development plan – City council decision.

A. Following the public meeting to consider the final development plan, the city council if it determines that the final development plan substantially conforms to the approved preliminary development plan, including minor changes approved pursuant to Section 17.52.110, shall approve the final development plan. For purposes of this section, “substantially conforms” means that as compared to the preliminary development plan, the final development plan contains no significant revisions in density, uses, design or development standards, or in the site plan, and that there is not such a quantity of insignificant revisions that the cumulative effect thereof constitutes, in the city council’s opinion, a significant revision.

B. If the city council determines that the final development plan for the PDD does not substantially conform to the preliminary development plan, the city council shall disapprove the final development plan for the PDD.

C. Approval of a final development plan and the PDD shall be by city ordinance.

D. Any decision of the city council approving or disapproving the final development plan shall be final. Any appeal of the decision of the city council must be filed in Chelan County superior court and served on the city council within twenty-one days after the decision of the city council.

E. The cost of transcription of all records ordered certified by the court for such appeals shall be borne by the appellant at the rate prescribed by the administrator of this title. Such costs shall not exceed the amount necessary to reimburse the city for its expenses actually incurred. (Ord. 1247 § 8, 2002: Ord. 983 § 1 (part), 1994).

17.52.200 Final development plan – Council review.

Repealed by Ord. 1247. (Ord. 983 § 1 (part), 1994).

17.52.210 Final development plan – Bond required.

No final development plan shall be implemented until the applicant files with the city treasurer a bond approved by the city, executed by a surety company authorized to do business in the state or other security approved by the city administrator, in an amount equal to the estimate of the cost of all public improvements, utilities, and all landscaping portions of the final development plan, conditioned upon the applicant’s completion of such portions of the project according to the submitted final development plan and the provisions of this chapter, and, in addition, providing that no change, extension of time, alteration or addition to the project will in any way affect the obligation on the bond. Said bond, or any additional bond or other equivalent security, shall also be conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation or work is begun and abandoned, and in the determination of the city administrator, it will better serve the public health, welfare and safety to restore the site rather than to require completion of public improvements, utilities and landscaping. (Ord. 983 § 1 (part), 1994).

17.52.220 Final development plan – Effect.

Approval by the city council of the final development for a PDD and filing of the bond as provided in Section 17.52.210 shall authorize the owner or owners of the parcel or parcels to be developed as a unit to proceed with the project, acting in concert, and shall bind such owner or owners to the implementation of such final development plan and to the construction and maintenance of the PDD in strict accordance with such approved plan and the provisions of this chapter and all other applicable city ordinances and regulations. (Ord. 983 § 1 (part), 1994).

17.52.230 Undergrounding of utilities.

In any PDD which is primarily designed for or occupied by dwellings, all electric lines, telephone facilities, television cable, fire alarm conduits, street light wiring and other wiring conduits and other similar facilities shall be placed underground by the developer, unless this requirement is waived by the city council. (Ord. 983 § 1 (part), 1994).

17.52.240 Zoning map revision.

Upon approval of the final development plan for a PDD, the city official zoning map shall be revised to indicate the approval of a PDD thereon including the date of such approval. (Ord. 1247 § 10, 2002: Ord. 983 § 1 (part), 1994).

17.52.250 Building permits.

Building permits shall be issued for construction of buildings and structures in accordance with the approved final development plan for the PDD and in accordance with all other applicable city ordinances and regulations. (Ord. 983 § 1 (part), 1994).

17.52.260 Subdivision/binding site plan requirements.

The approval of a subdivision or binding site plan shall be required of all projects which involve or contemplate the subdivision of land. The procedures and requirements of Title 16 of the Chelan Municipal Code, as the same exists now or as it may hereafter be amended, shall be followed concurrently herewith. (Ord. 1247 § 11, 2002: Ord. 983 § 1 (part), 1994).

17.52.270 Sale of lots.

Lots in a platted PDD may be sold to separate owners and according to the separate lots as shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as will create a new lot line, except as provided in Section 17.52.290. (Ord. 983 § 1 (part), 1994).

17.52.280 Lots subject to final development plan.

All lots or other divisions of a subdivided or binding site plan PDD shall remain subject to compliance with the final development plan regardless of the fact the subdivision or binding site plan may be in compliance with Title 16 of the Chelan Municipal Code. (Ord. 1247 § 12, 2002: Ord. 983 § 1 (part), 1994).

17.52.290 Plan modifications and amendments.

 A. The city planning department is authorized to allow minor modifications and amendments in the final development plan in accordance with subsection B of this section. The city planning department shall allow only such adjustments as are consistent with guidelines established in subsection B of this section, and in no case shall an adjustment be deemed minor if it will increase the project density, total amount of floor space authorized in the approved final development plan, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site. The determination of the city planning department as to whether a proposed modification or adjustment is a major or minor change shall be final.

B. The following criteria are set forth to establish and allow for minor modifications and amendments:

1. The modification or amendment maintains the design intent and quality of the original approval; and

2. The amount of landscaping, buffering and open space will not be reduced; and

3. The number of dwelling units in residential developments and the square footage of nonresidential structures will not increase, and one type of dwelling unit is not converted to another type (e.g., single-family to multi-family or multi-family to single-family); and

4. The height of buildings and other structures will not increase; and

5. Views from both structures onsite and offsite will not be substantially reduced; and

6. Traffic volumes will not increase and traffic patterns will not change; and

7. Changes in colors, plant material and parking lot configurations are minor; and

8. The modification or amendment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original SEPA documents; and

9. The city planning department determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project.

C. No major modifications and amendments to the approved final development plan, such as changes in land area covered by the proposed PDD, or other major changes, may be made subsequent to final development plan approval, except upon application to the planning commission and approval by the city council pursuant to the procedure for approval of a preliminary development plan and final development plan as set forth in Sections 17.52.080 through 17.52.160.

D. Minor and major modifications and amendments may be initiated upon application to the city planning department and shall include a nonrefundable fee as established by resolution of the city council. (Ord. 1533 § 6 (Exh. 57) (part), 2017: Ord. 1249 § 1, 2002; Ord. 983 § 1 (part), 1994).

17.52.300 Termination of planned development district – Failure to commence or continue construction.

Repealed by Ord. 1247. (Ord. 983 § 1 (part), 1994).

17.52.310 Extension of time for construction.

Repealed by Ord. 1247. (Ord. 983 § 1 (part), 1994).

17.52.320 Applicability of provisions.

The provisions of this chapter shall apply to all PDD projects for which applications are filed after the effective date of the passage of the ordinance codified in this chapter. (Ord. 983 § 1 (part), 1994).

17.52.330 Notice of public hearing.

Repealed by Ord. 1247. (Ord. 983 § 1 (part), 1994).

17.52.340 Reconstruction of buildings or improvements.

Replacement or reconstruction of any buildings or improvements damaged or destroyed shall conform to the approved final development plan as the same existed at the time of the damage or destruction. (Ord. 983 § 1 (part), 1994).


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Prior legislation: Ord. 469 § 3.