Chapter 17.20E
MASTER PLANNED RESORTS

Sections:

17.20E.010    Purpose.

17.20E.020    Designation criteria for master planned resorts.

17.20E.030    Permitted uses.

17.20E.040    Minimum standards.

17.20E.050    Complete application vesting.

17.20E.060    Master plan approval.

17.20E.070    Approved master planned resort.

17.20E.010 Purpose.

Master planned resorts in Lewis County are intended to enhance and diversify the recreational and economic opportunities that complement the natural and cultural attractiveness of the area without significant having adverse impacts on environmental and natural features, cultural or historic resources and their settings, or existing development. This chapter provides for the development of planned resorts with well-designed visitor-oriented accommodations, including residential, recreational, and commercial uses consistent with the comprehensive plan. [Ord. 1219 §1 (Exh. A), 2010]

17.20E.020 Designation criteria for master planned resorts.

Master planned resorts may be sited and designated when:

(1) The comprehensive plan specifically identifies policies to guide the development of master planned resorts;

(2) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the master planned resort, except in areas otherwise designated for urban growth under RCW 36.70A.110;

(3) The county includes a finding as a part of the approval process that the land is better suited, and has more long-term importance, for the master planned resort than for the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170;

(4) The county ensures that the resort plan is consistent with the development regulations established for critical areas; and

(5) On-site and off-site infrastructure and service impacts have been fully considered and appropriate mitigation measures have been established. [Ord. 1219 §1 (Exh. A), 2010]

17.20E.030 Permitted uses.

The following uses are permitted provided the uses are part of an approved master planned resort pursuant to this chapter:

(1) Visitor-oriented accommodations such as lodges, hotels, motels, bed and breakfast facilities, rental homes and cabins, rental condominiums, rental townhouses, time-share units, similar transient lodging facilities, convention and conference facilities, and appropriate support facilities.

(2) Residential dwellings such as single-family dwellings, multifamily dwellings, condominiums, townhouses, time-share units, and other residential dwellings compatible with the purposes of this section.

(3) Developed recreational facilities such as golf courses, clubhouses, pro shops, and sports and spa facilities, and undeveloped recreational areas.

(4) Boat docks and marinas compatible with the purposes of this section and the Lewis County shoreline master program.

(5) Commercial facilities and services such as restaurants, barber shops, beauty salons, specialty shops, real estate and other professional offices, grocery stores, pet boarding and care facilities, and other such services which provide for the needs of the community’s residents and visitors and which are compatible with the purposes of this section.

(6) Open space areas such as lakes, wetlands, golf courses, greenbelts, buffers, and wildlife preserves.

(7) Facilities necessary for public safety such as fire and security stations, waste disposal, and utilities within the master planned resort or the county, notwithstanding any limiting provision of this chapter to the contrary.

(8) Transportation related facilities, emergency medical facilities, and storage structures and areas, provided these uses are ancillary to the master planned resort.

(9) Cultural community and entertainment facilities such as theaters, amphitheaters, galleries, arts and craft centers, and interpretive centers which are compatible with the purposes of this section. [Ord. 1219 §1 (Exh. A), 2010]

17.20E.040 Minimum standards.

The following minimum standards apply to all master planned resorts:

(1) A master planned resort, when approved in accordance with this chapter, is established as an overlay zone and, as such, does not alter the existing, underlying zoning designation. Development standards of this chapter shall, as applied to an approved master planned resort, supersede those of the underlying zone.

(2) Master planned resorts are urban-scale developments located in the rural area.

(3) The resort, including buffers and open space under the control of the development, is sited on a parcel or parcels of land no less than 100 contiguous acres.

(4) Existing state or county roads are adequate, or need minimal improvements, to serve the development.

(5) Capital facilities, utilities, and services, including those related to sewer, water, stormwater, security, fire suppression, and emergency medical, provided on site shall be limited to meeting the needs of the master planned resort. Such facilities, utilities, and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts; provided, that all costs associated with service extensions and capacity increases directly attributable to the master planned resort are fully borne by the resort. A master planned resort and service providers may enter into agreements for shared capital facilities and utilities; provided, that such facilities and utilities serve only the master planned resort or urban growth areas.

(6) At least 40 percent of the total of the site area, shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas, excluding streets and parking areas.

(7) Active recreational uses such as golf courses, pools, tennis courts and playing fields shall be provided to adequately meet the needs of the residents and guests of the master planned resort.

(8) The maximum density for residential dwellings including hotel and motel units shall not exceed two units per gross acre of the overall master planned resort. Residential dwellings for long-term occupancy shall be limited to no more than 10 percent of the total number of residential units.

(9) Parking shall be provided for in accordance with a transportation management plan as submitted with the application and approved for the project.

(10) The minimum lot area, width, frontage and yard requirements, setback standards, street standards, and building heights otherwise applying to development in the underlying zone(s) may be modified consistent with the master planned resort, as approved in conformance with this chapter.

(11) The tract or tracts of land included in a proposed master planned resort must be in one ownership or control or the subject of a joint application by the owners of all the property included.

(12) All uses within the master planned resort shall be harmonious with each other through the use of special design, placement, or screening.

(13) Unless otherwise approved in accordance with applicable sign regulations, on-premises signs and off-premises signs shall be designed and erected in conformance with design guidelines, as submitted and approved with the project and off-premises signs shall be limited to those necessary for directional purposes.

(14) Commercial services provided as part of the master planned resort shall be contained within the development and shall be oriented to serve the master planned resort. The protection of public views shall be considered in orienting such commercial services. [Ord. 1219 §1 (Exh. A), 2010]

17.20E.050 Complete application vesting.

Upon receipt of a master plan application under this chapter, and the payment of the prescribed fee in the county fee schedule, the county shall, within 28 days, issue a letter of completeness or shall identify the additional specific information required for a complete application. If no letter is sent, the application shall be deemed complete upon the twenty-ninth day after receipt of the application. If a letter is sent, the application shall be deemed complete upon receipt of the information identified in the letter. If the applicant does not submit the necessary information in writing to complete an application within a 90-day period, the county may reject the application and all vesting rights are lost. [Ord. 1219 §1 (Exh. A), 2010]

17.20E.060 Master plan approval.

(1) Environmental review shall be noticed and processed in accordance with Chapter 17.110 LCC. An open record appeals hearing before the hearing examiner arising from such environmental review shall be consolidated with the public hearings, described below. Public participation in subsequent appeals shall be limited to parties and issues to the appeal, in accordance with Chapter 17.110 LCC.

(2) Once environmental review is complete, the application shall be processed as one consolidated public hearing before the hearing examiner as an application for a master plan, and before the planning commission as an application for amendments to the comprehensive plan and development regulations. This process shall incorporate specific public participation procedures pursuant to RCW 36.70A.140.

(3) The planning commission shall hold one or more workshops to be briefed on the legal basis for the application; the results of the environmental review; the staff review and public comments pertaining to the proposal to be considered by the hearing examiner; and the draft proposals for amendments to the comprehensive plan and development regulations, as authorized in RCW 36.70A.365 and 36.70A.367. The workshop(s) shall include discussion of all aspects of the commission’s responsibilities under RCW 36.70A.365(2) and 36.70A.367(2) as they pertain to the application.

(4) The county will publish a notice of public hearing and circulate the draft proposals for comment and public hearing. Notice of the consolidated public hearing shall be by publishing notice of the hearing not less than 10 days prior to the hearing and mailing notice to all property owners of record within 1,000 feet of the site. The county staff report and supporting materials shall be available to the public at the time of publication and mailing of the notice.

(a) The draft proposal shall be made available to the public at least 15 days prior to the scheduled hearings. To facilitate public review, copies of the proposals with related materials and information shall be available at the Lewis County department of community development and on-line at its web page, and at locations in the affected area. Such locations may include:

(i) Timberland Regional libraries (five) located at: Chehalis, Centralia, Salkum, Randle, and Winlock.

(ii) Lewis County Senior Centers (five) located at: Morton, Toledo, Twin Cities (Chehalis), Packwood, and Winlock.

(b) Copies of the proposal shall also be sent to the State Office of Community Development for their 60-day review. Materials shall also be sent to all incorporated cities and recognized tribes in the county and to state, local, and federal agencies which have requested in writing that they receive copies of all notice materials.

(5) In the consolidated hearing, the hearing examiner shall hold an open record hearing with respect to the master plan. In the consolidated public hearing, the planning commission shall hold a hearing with respect to amendments to the comprehensive plan and development regulations. Following the consolidated public hearing, the hearing examiner and planning commission shall deliberate and make their respective recommendations to the board of county commissioners on the master plan and amendments to the comprehensive plan and development regulations. The planning commission may hold one or more workshops to consider matters raised during the hearings, and shall take final action recommending approval, denial, or approval with conditions at a public meeting. The county will retain a record of all materials received or submitted during its workshops and the consolidated public hearing.

(6) The final decision on the master plan and on the amendments to the comprehensive plan and development regulations shall be made by the board of county commissioners after the receipt of the written recommendations from both the planning commission and the hearing examiner.

(a) The board of county commissioners shall publish a notice of public hearing on the written recommendations received from the hearing examiner and the planning commission, and make those recommendations available to the public in advance of hearing. Such materials shall be made available to the public in the same manner as the planning commission materials are made available under LCC 17.12.050(2)(b), and public notice of the hearing will be provided in the same manner as LCC 17.12.050(2)(d).

(b) The board of county commissioners will follow the hearing process format set forth for the planning commission in LCC 17.12.050(2)(e) through (g). All written comments must be received by the board of county commissioners by the close of the public participation portion of the public hearing to be considered. The board may accept, modify, or reject the recommendation of the hearing examiner and planning commission. Once adopted, the comprehensive plan and development regulations shall identify the zoning map and development regulations for the master plan area. A master plan may be amended through the same process as the original adoption. Any adopted development regulation shall become a map and separate chapter of the county zoning ordinance.

(7) Amendment to the comprehensive plan and development regulations to support a master plan is a legislative process with appeal pursuant to Chapter 36.70A RCW. Adoption of the site plan approval evidenced in the master plan is adjudicative under Chapter 36.70B RCW, with appeal pursuant to Chapter 36.70C RCW.

(8) Phasing of development, expansion, future use of land, abandonment of site and reversion to previous land use zoning shall be addressed as follows:

(a) The county recognizes that economic and other considerations may necessitate that the development of a master planned resort will require phasing. For phasing to be approved, the overall project plan, including general timelines for construction, illustrating building footprints and projected uses shall be sufficiently detailed to direct the subsequent approval of site and building development. The first phase of the development shall be initiated within five years of the effective date of the master plan approval, unless the permit approval provides for a greater period of time.

(b) Expansion or amendment of the approved master planned resort:

(i) Beyond the boundaries of the original site plan and established urban growth area shall require a new master plan application and hearings as described in this chapter; or

(ii) Within the boundaries of the original site plan and established urban growth area shall require master plan approval amendment by the hearing examiner.

(c) Use of the subject property will be bound by the approved application and/or development agreement, and no other use is allowed without approvals required under subsection (6) of this section. A future application for a master planned resort that utilizes the same land area within the previously established urban growth area is approvable if the required code and statutory criteria are met. Final legislative approval following master plan approval would be unnecessary in this case, as the urban growth area is already established on the comprehensive plan maps noted in Chapter 17.200 LCC.

(d) The owners of land zoned and used for master planned resort development shall be responsible for appropriate and suitable environmental remediation and/or restoration of the site in the case of abandonment of the project. The responsible party shall be identified in the development agreement and/or master plan approval. The responsibility for appropriate and suitable environmental remediation and/or restoration will be determined through environmental review of the application and commensurate with the impacts of the specific use permitted. An environmental remediation and/or restoration plan shall be established in the development agreement and master plan approval.

(9) Proximity to a master planned resort urban growth area or development or an associated extension of infrastructure shall not provide a basis for a comprehensive plan amendment to change the land use zone for property adjacent to the resort to a land use district with greater development density or more intensive uses. [Ord. 1219 §1 (Exh. A), 2010]

17.20E.070 Approved master planned resort.

(1) The approved master planned resort binds the project proponents and their successors to the proposed project as approved, applicable development standards of this chapter, and conditions of approval, if any. Approval of the master planned resort confirms that the proposal is consistent with the purpose of and provisions for master planned resorts and the comprehensive plan and provides the basis upon which subsequent permits, including building permits, may be reviewed and issued.

(2) The master planned resort approval shall remain valid for 15 years; provided, the first phase of development has been approved and construction begun within five years of the master planned resort approval. [Ord. 1219 §1 (Exh. A), 2010]