Chapter 14.57
URBAN RESERVE DEVELOPMENT PERMIT (URDP)
Sections:
14.57.030 Application requirements.
14.57.010 Purpose.
The purpose of the Urban Reserve Development Permit is to allow urban levels of commercial or industrial development within a UGA zone prior to annexation if appropriate provision for sewer service is arranged. (Ord. O20250005 § 2 (Exh. A))
14.57.020 Applicability.
This Chapter applies to all applications for project permits to construct commercial or industrial buildings of larger size than is allowed in the URR, URC-I and URP-OS zones. (Ord. O20250005 § 2 (Exh. A))
14.57.030 Application requirements.
(1) In addition to the general requirements of SCC 14.06.230, an application must include a determination regarding sewer service as follows:
(a) The applicant must obtain and submit a determination from the city in whose UGA the project is located that adequate provision has been made for sewer service to the project.
(b) “Adequate provision for sewer service” means:
(i) Either an agreement for concurrent extension of sewer service to the property as a condition of URDP approval; or
(ii) An agreement between the city and the property owner for extension of and connection to sewer at a date certain in the future.
(c) The terms of such agreement regarding provision of sewer are between the city and the property owner. This determination by the city is within the city’s sole discretion, as the sewer service provider, and is not subject to appeal by or to the County under any circumstances. Each city must establish its own procedures and criteria for reviewing and deciding these requests for determination regarding sewer service in the unincorporated UGA, including, but not limited to, whether the city will agree to any extensions outside of the city limits without annexation.
(d) The agreement between the owner and the city referenced in this Section may be, but need not be, a development agreement authorized by RCW 36.70B.170, and Skagit County may be a party to the agreement pursuant to SCC Chapter 14.53.
(e) If the property owner is unable to obtain city agreement regarding sewer, then the owner is not eligible to apply to the County for a Hearing Examiner URDP. The County may not grant any variance from this sewer service determination requirement. (Ord. O20250005 § 2 (Exh. A))
14.57.040 Review criteria.
(1) An application for a URDP is subject to the type of review shown in SCC 14.06.150.
(2) In addition to any requirements or criteria applicable to the requested use or proposed construction found elsewhere in this Code, the application must meet the following requirements:
(a) The application meets the criteria for a special use permit in SCC 14.51.050.
(b) The proposal complies with all of the dimensional standards, design review standards, landscaping, parking and signage requirements for the city in whose UGA the property is located. Staff from the applicable municipality will assist with this review.
(c) Any proposed commercial or industrial use meets any requirements for such use found in the commercial or industrial zone of the city in whose UGA the property is located.
(d) The proposal provides for construction of planned public facilities and services consistent with requirements for similar size or intensity development, if it had been annexed to the city in whose UGA the project is located. The decisionmaker must evaluate the plans, ordinances, and development standards of the city in whose UGA the project is located in making this determination.
(e) The proposal will be required to participate in and connect to sanitary sewer service, consistent with the requirements of the city determination regarding sewer service.
(f) The proposal, as conditioned, provides for its pro rata share of mitigation for off-site traffic impacts that are directly related to the proposed development, consistent with applicable city and County transportation concurrency requirements. The County must use its SEPA review process, including a requirement for a project-specific impact assessment, as necessary to identify the level of project-specific direct impact and appropriate mitigation.
(3) The applicant must bear the burden of proof to demonstrate that each of the requirements are met. (Ord. O20250005 § 2 (Exh. A))