Chapter 11.89


11.89.010  Purpose.

11.89.020  Applicability.

11.89.030  Permitted uses.

11.89.040  General requirements.

11.89.050  Development standards.

11.89.060  Preservation of open space.

11.89.070  Complete application.

11.89.080  Application procedure.

11.89.090  Required findings.

11.89.100  Development pursuant to an approved master planned resort.

11.89.110  Bonding.

11.89.120  Expiration.

11.89.130  Modification of approved permit.

11.89.010 Purpose.

The purpose of the master planned resorts overlay district is to enhance and diversify the recreational and economic opportunities in Chelan County through the development of master planned resorts that complement the natural and cultural attractiveness of the area without significant adverse effects on natural and environmental features, cultural or historic resources. The master planned resort chapter allows for development of planned destination resorts which provide a designed mixture of visitor-oriented accommodations, including a variety of residential, recreational, and commercial facilities, consistent with the comprehensive plan. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.020 Applicability.

This chapter is applicable to the unincorporated portions of Chelan County, excluding the urban growth areas. 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. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.030 Permitted uses.

(1) Developed recreational facilities such as, but not limited to, golf courses, marinas, theme parks, clubhouses, tennis or racquetball courts, ball fields, trails, sporting events, racetracks, spa facilities, riding academies, parks, alpine and/or cross country skiing, undeveloped recreational areas and other recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort;

(2) Short-term visitor accommodations such as lodges, hotels, motels, bed and breakfasts, guest inns, time-share units, short-term rental cabins, campgrounds, and other similar transient lodging facilities, convention and conference facilities, and their accessory support facilities. For the purposes of a master planned resort, vacation and second homes are considered short-term visitor accommodations unless its occupant(s) is either registered to vote at the unit’s resort address or if they receive their Chelan County annual property tax assessment for such unit at the unit’s resort address, in which case the unit shall be considered a permanent residence for all purposes under this chapter;

(3) Residential development including single-family dwellings, duplexes, townhouses, condominiums and other multifamily or residential dwellings, provided such uses are integrated into and support the on-site recreational nature of the master planned resort;

(4) Commercial facilities and services necessary to support only the MPR. Facilities and services may include restaurants, drinking establishments, barber/beauty shops, specialty shops, sports stores, grocery stores, real estate services, other personal/professional offices, gas stations, pet services and other such retail uses and services that provide for the needs of the residents and visitors, and which are compatible with the intent and purposes of this chapter and the comprehensive plan;

(5) Governmental services and other similar facilities including, without limitation, provisions for transportation-related facilities, emergency/medical facilities, schools, fire protection, law enforcement/security, waste disposal, and utilities, consistent with the requirements of this chapter;

(6) Cultural community and entertainment facilities such as theaters, amphitheaters, galleries, arts and crafts centers and interpretive centers which are compatible with the intent and purposes of this chapter and the comprehensive plan. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.040 General requirements.

(1) The primary focus of the master planned resort shall be as a destination resort facility with a range of on-site indoor and/or outdoor recreation facilities.

(2) Master planned resorts shall not be located on land that is inside of or adjacent to a designated urban growth area boundary.

(3) Master planned resorts shall not be located on lands designated as agricultural or forest lands of long-term commercial significance unless a finding is made that the land is better suited, and has more long-term importance, for the MPR than for the commercial harvesting of timber or agricultural production.

(4) 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.

(5) Employee Housing. The applicant shall be required to demonstrate that affordable housing is available for employees of the MPR within the project or in the surrounding area. Housing exclusively for employees is an allowed accessory use and shall not be calculated in the overall housing unit density; provided, that the hearing examiner approves the location and number of employee housing units. The applicant shall clearly correlate the number of employees with employee housing.

(6) If the land or structures in an MPR are intended to be leased, sold or transferred into two or more lots, parcels, or tracts, such a division shall proceed in compliance with the provisions of the Chelan County subdivision resolution, Title 12 of this code, and Chapter 58.17 RCW. Any such preliminary plat may be considered simultaneously with the MPR final plan.

(7) The site design of the MPR shall include clustering of units, lots, and uses insofar as is consistent with the overall theme of the MPR and in accordance with Title 12 of this code, Subdivisions.

(8) All required public improvements including roads, utilities and public facilities that are part of the approved site plan and narrative shall be completed prior to issuance of a certificate of occupancy by the building official or installation guaranteed by the posting of performance bonds or other surety acceptable to the prosecuting attorney in an amount of one hundred fifty percent of the estimated cost of the outstanding improvements, except that all life/safety improvements must be installed and in operation prior to occupancy. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.050 Development standards.

(1) Minimum Project Size. Minimum necessary to meet all the required elements of the MPR.

(2) At least forty percent of the total acreage of the master planned resort shall be dedicated to a mixture of permanent open space, natural areas, and/or developed open space, excluding streets and parking areas.

(3) Minimum Setback Requirements.

(A) All buildings and structures shall have a minimum yard area and setback of the underlying zoning district from the perimeter boundary of the MPR. When the MPR is adjacent to a shoreline or other significant recreation amenity, this provision shall not apply to immediate vicinity of said shoreline or recreation amenity.

(B) Interior required yards and setbacks shall be as established by the approved MPR plan. Required yards and setbacks established by the plan shall be reviewed for adequate light, air and life safety for all structures.

(4) Density. The maximum overall density for the MPR, including transient accommodation, shall not exceed two housing units per gross acre of the overall master planned resort, or as determined by the hearing examiner.

(5) The maximum lot coverage, minimum setback, minimum lot area and width may be modified consistent with the MPR plan, as approved in conformance with the purpose of this chapter. The maximum building height will conform to that of the underlying zone, unless otherwise approved by the hearing examiner.

(6) Parking shall be provided for in accordance with Chapter 11.90 and with the circulation plan approved in the MPR plan.

(7) Landscaping. All developed common open space within the development shall be appropriately landscaped according to the landscaping plan approved in the MPR plan. In addition, the standards contained in Chapter 15.50 of this code must be met. Landscaped areas shall have permanently installed irrigation. Natural features that are to be preserved, such as indigenous plant life, wetlands, natural rock formations and riparian areas, shall be shown on the landscaping plan.

(8) Signage shall be designed and erected in accordance with the approved MPR plan and Chapter 11.92. Off-premises signs shall be limited to those necessary for directional purposes only.

(9) 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.

(10) Community sewer, water, security and fire protection may be provided on-site and sized to meet only the needs of the development. Existing public service purveyors may provide services as long as the costs related to service extensions and any capacity increases generated by the development are borne by the development and such extensions do not promote sprawl or urban level of development adjacent to the MPR. An MPR that adjoins, or is in part within, an organized fire protection and/or hospital district shall seek annexation of the entire MPR site into said districts.

(11) The MPR design and subsequent circulation plan shall include internal bicycle, pedestrian and/or equestrian access for resort guests with convenient linkages between recreational activity areas and housing/lodging areas where appropriate. (Res. 2007-98 (part), 7/2/07: Res 2003-92, 7/22/03: Res. 2001-60 (part), 4/17/01).

11.89.060 Preservation of open space.

(1) All designated open space shall be preserved in perpetuity for that purpose established in this chapter. Appropriate land use restrictions shall be contained in all deeds to ensure that the open space is permanently preserved. The deed restrictions shall run with the land and be for the benefit of the present as well as future property owners, and shall contain a prohibition against partition of open space for other uses. No common open space may be altered or put to a change in use in a way inconsistent with this chapter or the final development plan unless the final development plan is first amended. No change of use or alteration shall be considered as a waiver of any covenants limiting the use of the common open space, and all rights to enhance these covenants against any use permitted are expressly reserved.

(2) Common Open Space. The developer shall choose one or a combination of the following methods of administering common open space:

(A) An association of owners formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt articles of incorporation of association and bylaws. The association shall adopt, in form acceptable to the prosecuting attorney, covenants and restrictions that ensure the preservation of the common open space and perpetual maintenance of all common open space;

(B) A public agency which agrees to accept a dedication of and maintain the common open space and any buildings, structures, or other improvements which have been placed on it for the use and benefit of the general public; or

(C) A private nonprofit conservation trust or similar entity with a demonstrated capability to carry out the necessary duties and approved by the hearing examiner. Such an entity shall have the authority and responsibility for the maintenance and protection of the common open space and all improvements located in the open space. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.070 Complete application.

A complete application for the purposes of this chapter shall consist of all the materials and information required by Section 11.89.080, Application procedure, all documentation required by Title 13 of this code (Environment), all materials required by Title 14 of this code (Development Permit Procedures and Administration), any analysis and mitigation plans that may be required by the provisions of this title, any additional information as a result of the mandatory preapplication conference, and the prescribed application fees. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.080 Application procedure.

(1) The owner of any property in Chelan County or his/her authorized agent may initiate a master planned resort development. For an MPR application on property(ies) with multiple ownership(s), all property owners shall submit a joint application. Such applications shall be made in accordance with Title 14 of this code as amended, on forms provided by the Chelan County department of building/fire safety and planning together with the established filing fee. Prior to submitting a preliminary plan application, the applicant shall meet with applicable agencies in a preapplication meeting. The applicant(s) for an MPR shall file a preliminary plan with the department of building/fire safety and planning, an MPR application, required SEPA documents per Chapter 197-11 WAC, and a plan for the area within the boundary of the project which shall be drawn to a scale of at least one hundred feet to one inch, showing at least, but not limited to, the following features:

(A) The location and boundaries of the MPR;

(B) The proposed uses and their locations;

(C) The location of all major features such as railroads, drainage canals, easements, shorelines, vegetation types, and critical areas;

(D) Topographic contours at five-foot intervals or as otherwise specified;

(E) Proposed distribution of structures showing generalized building footprints, exterior design and/or elevation views;

(F) Proposed locations and dimensions of all open space;

(G) If the development is proposed to occur in phases, a graphic breakdown of each phase as it relates to the whole development and its general timetable for completion;

In addition to the above requirements, the applicant shall supply a written statement for the development setting forth detailed information concerning the following subjects as they may be involved in the development, including but not limited to:

(H) Capital Facilities and Utilities.

(i) An inventory of the location and capacity of all existing utilities and capital facilities. Capital facilities and utilities shall include, but are not limited to, electricity, sanitary sewage disposal, domestic and irrigation water, stormwater runoff control, security, fire protection and other emergency services.

(ii) An inventory of the capital facility and utility service needs that will be generated by the development of the MPR;

(I) Critical Areas.

(i) An analysis of the suitability of the proposed development on the subject property.

(ii) Inventory and analysis of critical areas and potential impacts. Consistency with the critical areas regulations, found in this title, shall be addressed, and any required studies or mitigation measures shall be provided;

(J) Design Standards.

(i) Type and range of uses authorized for any structure or development;

(ii) Architectural and design requirements for structures;

(iii) Bulk, design and dimensional standards;

(iv) Draft resource management plan, which identifies how the resource lands and critical areas will be managed;

(K) Housing.

(i) An inventory of existing housing;

(ii) An inventory of all proposed housing, including transient accommodation and employee housing;

(L) Land Use.

(i) An inventory of the existing land uses and distribution patterns within the boundaries of the proposed MPR. The inventory shall include the total acreage of each type of land use.

(ii) An analysis of the ability of the proposed MPR to support the total proposed growth within the MPR.

(iii) A proposed land use map disclosing the location, type and densities of visitor accommodation, employee housing, commercial, recreation and other residential and/or nonresidential development activity.

(iv) A forecast of the proposed growth of employment and population of the MPR at each phased interval and at final buildout;

(M) Resource Lands.

(i) An analysis of the suitability of proposed development in relation to the suitability of the land for long-term commercial timber, mineral or agricultural production.

(ii) Inventory and analysis of potential impacts on resource lands adjacent to or affected by the proposed MPR. The analysis shall include proposed mitigation measures for the identified impacts;

(N) Transportation.

(i) Traffic impact study.

(ii) Off-site and on-site measures necessary to mitigate impacts identified by the traffic impact study.

(2) Preliminary Plan. The hearing examiner shall review the preliminary plan at a duly publicized public hearing. The hearing examiner shall determine whether or not the preliminary plan complies with the development policies of the comprehensive plan, and the provisions of this chapter. Such preliminary approval or subsequent revision shall be binding as to the general intent and apportionment of land and building, stipulated use, and circulation patterns and shall not be construed to render inflexible the final design of the project. The hearing examiner may attach any conditions to its preliminary approval to mitigate adverse impacts on the project’s neighbors, the neighborhood, or the county as a whole that might result from this development as originally proposed.

(3) Final Plan. Following hearing examiner approval of the preliminary development plans, the developer may submit final plans incorporating any changes required in the preliminary approval. In addition to the required elements of the preliminary plan set forth above, the final plan shall contain the following:

(A) Circulation plan, including road plans and profiles, surfacing improvements, nonvehicular facilities (pedestrian and bicycle paths), and parking provisions;

(B) Landscape plan, in accordance with Chapter 15.50, including existing vegetation and features to be preserved, open space, and perimeter landscaping including provisions for permanent irrigation of landscaped areas, if required;

(C) Topographic contours at five-foot intervals or as otherwise specified;

(D) Stormwater drainage plan;

(E) Locations and provisions for fire protection, security and other emergency services;

(F) Provisions for domestic water, sewage and solid waste disposal;

(G) Location, dimensions and design of all off-street parking facilities showing points of ingress and egress from the site;

(H) Preliminarily approved application for the division of land, such as short subdivision, subdivision or binding site plan, for all land intended to be leased, sold or transferred into two or more lots, tracts or parcels in the first phase of the MPR;

(I) Final resource management plan. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.090 Required findings.

Approval of the MPR final plan by the hearing examiner shall be based, at a minimum, on the following findings:

(1) The proposal is consistent with the Chelan County comprehensive plan.

(2) The proposal complies with the requirements of this title, Title 14 of this code, Development Permit Procedures and Administration, and Title 15 of this code, Development Standards.

(3) SEPA has been complied with.

(4) The proposed design and operation is such as to not cause adjacent urban growth or sprawl.

(5) If the proposal is located on timber or agricultural lands of long-term commercial significance, a finding has been made 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.

(6) On-site and off-site infrastructure impacts are fully considered and mitigated.

(7) The project will be supported by adequate public facilities and services.

(8) The resort includes a range of developed on-site indoor and/or outdoor recreational facilities.

(9) The proposed master planned resort will have no adverse impact on the general public health, safety and welfare. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.100 Development pursuant to an 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. 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) Following approval of the master planned resort, subsequent development requests shall be reviewed for consistency with the approved master planned resort prior to issuance. Applications which are not consistent with the approved master planned resort shall not be issued. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.110 Bonding.

Prior to any development activity or issuance of any permit within the MPR, adequate surety shall be posted pursuant to Chapter 14.16 of this code. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.120 Expiration.

(1) The MPR shall be constructed in a timely manner, following the phasing approved in the final plan. Substantial progress toward development of the first phase or entire project, whichever is applicable, shall occur within a timeframe established by the hearing examiner.

(2) Failure to develop within the time limit shall cause the county to schedule a public hearing of the Chelan County hearing examiner to determine if substantial progress has been made. In the event the approval authority determines that substantial progress is not being made, a certified letter indicating such determination shall be sent to the property owner(s), as listed in the records of the county assessor and a copy forwarded to the last known applicant(s). If such determination is made, the plan shall be void and the area within the boundaries of the MPR shall revert to its underlying zoning designation. The applicant and/or owner has the right to appeal such determination in accordance with Chapter 14.12 of this code. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).

11.89.130 Modification of approved permit.

The final MPR plan may be amended or modified at the request of the applicant or the applicant’s successor in interest. The administrator may administratively approve minor modifications to a final MPR plan. Minor modifications may include changes in density, provided the total number of dwelling units approved shall not exceed ten percent of the maximum number approved in the final MPR plan for the project or phase; and provided, that the net residential density is not altered; and also provided, that such changes do not significantly increase impacts on transportation, reduce buffers or open space, or increase impacts on the environment. Modifications that do not qualify as minor shall be subject to applications, notices, hearings, and appeals in the same manner as the original application. The hearing examiner may vary or specify additional criteria for determining whether proposed modifications are major or minor through the final MPR plan. (Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01).