Chapter 18.74


18.74.020    Purpose.

18.74.030    Where permitted.

18.74.040    General review procedures.

18.74.050    Application requirements.

18.74.060    Permitted uses.

18.74.070    Development standards.

18.74.080    Design standards.

18.74.090    Preservation of common and private open space.

18.74.110    Conditions of approval/review criteria.

18.74.120    MPR permit—Development agreement.

18.74.125    Annual report.

18.74.130    Performance assurance and guarantee.

18.74.140    Limitation of permit approval.

18.74.150    Modification to an approved permit.

18.74.020 Purpose.

The purpose of the master planned resort (MPR) permitting process is to provide a tool to encourage, enhance and provide a diversity of recreational and economic opportunities in Douglas County. The development of a master plan for resort planning will compliment the natural and cultural amenities of an area without significant adverse effects on agricultural resources, the environment and natural features. The MPR allows for the development of planned destination resorts which provide a mixture of visitor-oriented transient accommodations, secondary homes, recreation, and supporting commercial facilities, consistent with the comprehensive plan goals and policies. (Ord. TLS 97-10-71B Exh. F (part))

18.74.030 Where permitted.

An MPR, when approved in accordance with the DCC and this chapter, is established as a subarea plan of the Douglas County Comprehensive Plan and includes development standards specific to this subarea.

A.    An MPR may be permitted within any rural or agricultural zoning district consistent with the comprehensive plan.

B.    An MPR is prohibited within the boundaries of the Greater East Wenatchee Planning Area, as defined by the comprehensive plan adopted April 17, 1996, and as it may be subsequently amended. (Res. TLS 09-18 (part): Ord. TLS 05-02-34B Att. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.74.040 General review procedures.

The request for authorization and development of an MPR shall be processed in the following manner:

A.    An initial master plan application shall be processed pursuant to DCC Section 14.10.050, Legislative review of applications.

B.    Subsequent project phases, development actions and/or permits such as divisions of land, building permits, or shoreline management substantial development permits shall be processed pursuant to DCC Title 14, the approved MPR master plan and applicable development regulations of the DCC.

C.    Prior to the expiration of the MPR approval or date of the last project phase or development action approved pursuant to subsection B of this section, all construction and improvements not completed within five years of approval of the project phase site plan are subject to compliance with applicable regulations in effect at that time. (Ord. TLS 97-10-71B Exh. F (part))

18.74.050 Application requirements.

A completed application form, signed by all property owners or their agents, with supporting documentation as required by the DCC and the following:

A.    A vicinity map showing the relationship of the proposed development to external road systems, nearby creeks or rivers, wetlands, public lands, significant agricultural and recreational features, and other land uses or significant natural features within one mile of the project boundary;

B.    A proposed site plan prepared by a design development team described in DCC Section 18.74.070. At a minimum, the site plan shall include:

1.    The location and boundaries of the proposed MPR development;

2.    Location of existing public facilities, public lands, road systems, and activities or uses within the project area;

3.    The general type of proposed development activity and proposed land uses and structures;

4.    The expected buildout time period for the entire project and the various phases including project phasing of commercial retail accommodations;

5.    The size and location of water bodies, drainage features, vegetation types, critical areas and topographic features. Topographic data shall clearly indicate the character of the terrain, and the type and location of natural drainageways and known landmarks. The topographic data shall be disclosed at five-foot contour intervals for slopes greater than ten percent and two-foot contour intervals for slopes ten percent or less; and

6.    A narrative on the suitability of the area for the proposed development and how it will comply with the goals and policies of the comprehensive plan and Chapter 36.70A RCW;

C.    An MPR permit application shall be accompanied by a draft document which describes the long range plan for the MPR and the design and development standards which will apply to the MPR. The following information is required:

1.    The planning horizon of the MPR and preliminary development schedule identifying the specific sequence and dates of development, and types of activities proposed;

2.    Descriptive text detailing the objectives, principles and standards used to develop the MPR. Such text shall address each plan element with a description of how it complies with the adopted goals and policies set forth in the comprehensive plan;

3.    A land use element including:

a.    Identification and inventory of the existing land uses and distribution patterns located within the proposed MPR. The inventory shall include the number of acres of each land use category including agricultural lands, recreation, critical areas, public lands and other land uses. The format of the inventory shall be prescribed by the director,

b.    Analysis of the extent to which the proposed development area can support anticipated growth at the densities selected,

c.    Plans disclosing the location, size, and function of proposed open space, buffers, recreational areas and other significant features,

d.    A proposed land use map disclosing the location, type and densities of visitor accommodations, employee housing, commercial and recreation amenities, and other residential and nonresidential development activities,

e.    A forecast and analysis of the likely future growth of employment and population for the MPR in a twenty-year period and at project build-out, and

f.    An analysis of the extent to which the comprehensive plan of the county and other communities will influence the proposed MPR.

4.    A housing element including:

a.    An inventory and analysis of existing and projected, including type and variety, and employee housing necessary for the proposal. The analysis shall include both present and anticipated needs of all types of housing, including that for employees, as a result of planned growth over the planning period, and

b.    An analysis of how the proposal will preserve the character and vitality of existing nearby communities.

5.    A transportation element including:

a.    An inventory of the general location and capacity of all existing public and private roads, transit, air, water, rail and pedestrian/bicycle corridors, where applicable,

b.    The general layout of all transportation corridors, pedestrian/bicycle trails and construction design and profiles that will apply to all phases of the project,

c.    A complete traffic analysis and impact study addressing site access, traffic generated by the proposal, circulation patterns, turning movements, distribution patterns, proposed collector and arterial road corridors, local road corridors if known and other pertinent information as required and approved by the county engineer, and

d.    Off-site and on-site measures necessary to mitigate impacts generated from the proposal.

6.    A resource lands and critical areas element including:

a.    Identification, inventory and analysis of the potential impacts on resource lands including forest, agriculture and mineral lands within, adjacent to or affected by the proposal. The analysis shall also include proposed measures to mitigate impacts generated from the proposal,

b.    Identification, inventory and analysis of critical areas and potential impacts in accordance with DCC Title 19. The analysis shall also include proposed measures to mitigate impacts generated from the proposal, and

c.    A resource management plan shall be required which defines how the identified resource and critical areas will be managed.

7.    A capital facilities and utilities element including:

a.    An inventory of the general location and capacity of all existing utilities, and capital facilities including, but not limited to facilities for parks, electric power, telecommunication, sanitary sewage disposal, domestic and irrigation water systems, stormwater, law enforcement/security, fire protection, schools and other applicable utilities, emergency services or capital facilities,

b.    An analysis and determination on the relationships of growth, demand and facility needs for the proposed MPR, and

c.    A financing plan meeting the minimum requirements of RCW 36.70A.

8.    A development standards and design criteria element:

a.    Bulk, design and dimensional standards that shall be implemented throughout subsequent development within the MPR,

b.    The type and range of uses authorized for any building, structure or other anticipated development activity within the MPR,

c.    Architectural and design requirements for buildings and structures,

d.    Other requirements or design standards that will be applied to the MPR through project buildout, as determined by the review authority,

e.    Storm water design and construction standards that will apply to all phases of the project,

f.    Sewer and water design and construction requirements,

g.    Landscaping requirements which will be applied to the development or subsequent phases of development,

h.    Sign standards and design requirements,

i.    Mitigation measures for the protection of resources lands, critical areas and other affected resources, and

j.    Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and series including transportation, utilities, drainage, police and fire protection, schools, and parks.

D.    An MPR permit, in conjunction with a development agreement, may allow development standards different from those imposed under the DCC. A development agreement may be necessary in order to provide flexibility to achieve public benefits, respond to changing community needs, and encourage modifications which provide the functional equivalent or adequately achieve the purposes of county standards. Any approved development standards that differ from the DCC shall not require any further zoning reclassification, variance from the DCC or other county approval apart from the MPR permit. The development standards as approved through the MPR permit and development agreement shall apply to and govern the development and implementation of each MPR site in lieu of any conflicting or different standards or requirements elsewhere in the DCC. (Ord. TLS 97-10-71B Exh. F (part))

18.74.060 Permitted uses.

A.    Developed recreational facilities such as golf courses, marinas, theme parks, clubhouses, tennis or racquetball courts, ball fields, trails, sporting events, race tracks, spa facilities, horse arenas and riding academies, parks, undeveloped recreational areas and other similar type uses;

B.    Visitor-oriented accommodations such as lodges, hotels, motels, bed and breakfast facilities, rental homes and cabins, condominiums, and other similar transient lodging facilities, convention and conference facilities, and appropriate support facilities;

C.    Residential developments including single-family dwellings, manufactured homes, duplexes, townhouses, condominiums and other multifamily or residential dwellings, together with accessory uses specifically designed to meet the needs of the residents of the MPR such as garages, carports, personal and recreation vehicle storage, and other similar noncommercial uses; except marijuana cooperatives, as defined and described in RCW 69.51A.250 as it now exists or may hereafter be amended, are prohibited;

D.    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 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 purposes of this chapter;

E.    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; and

F.    Cultural, community and entertainment facilities which are compatible with the purposes of this section and the DCC. (Ord. TLS 17-01-02B Exh. A (part); Ord. TLS 97-10-71B Exh. F (part))

18.74.070 Development standards.

An MPR proposal shall be prepared and implemented by a design development team consisting of an architect, engineer, certified land use planner, landscape architect, surveyor and licensed building contractor throughout the design and construction phases of the project, and shall, at a minimum, meet the following standards:

A.    Minimum Site Size. Forty acres, the majority of which shall be in contiguous acreage connected at more than one point.

B.    Yard, Setback, Lot and Width Requirements. The minimum lot area, yards and setbacks, lot width, building heights and road standards otherwise applying to the underlying zoning district may be modified from the standards of the underlying zoning district, provided:

1.    All buildings or structures shall maintain a minimum yard area and setback from the perimeter boundary of the MPR of one hundred feet located adjacent to all rural designations and resource lands, except as follows:

a.    This provision shall not apply to property boundaries adjacent to a shoreline or other significant, internal recreation amenity of the resort, or

b.    Substantial separation is achieved by natural features, elevation or topographical differences and other physical separation, as approved by the review authority, or

c.    Concurrent with the MPR application, the development team may propose alternate perimeter setbacks based on a report from a qualified professional demonstrating the preservation and protection of adjoining lands. In no case shall the perimeter setback be less than sixty feet;

2.    Interior required yards and setbacks shall be as set forth in the approved MPR master plan and the approved design and development manual prepared pursuant to DCC Section 18.74.050(C). Each project action shall be reviewed to ensure adequate provision of light, air and life safety for all structures; and

3.    Distance between buildings: All buildings not attached or having common walls shall be separated by a minimum distance of ten feet.

C.    Open Space. At least forty percent of the total acreage for an MPR shall be dedicated to a mixture of permanent open space, agricultural areas, natural areas, and/or active or passive recreational areas.

D.    Commercial. Commercial retail and services provided as part of the MPR shall be located within the interior of the development (see subsection (B)(1) of this section) and shall not exceed eight percent of the developed land use in the MPR. Commercial retail and services shall be oriented to serve the MPR. Construction of commercial retail uses and services shall occur in equal proportions and at a rate that can be substantiated by recreation and visitor accommodations of the MPR.

E.    Transient Accommodations. Hotel and motel units shall not exceed one and one-half units per gross acre of the overall MPR site.

F.    Landscaping. Landscaping shall be required and shall be addressed in a format similar in nature to DCC Chapter 20.40, unless otherwise approved by the review authority. Natural landscape features which are to be preserved, such as existing trees, drainageways, rock outcroppings, slopes and other similar features shall be included as part of the MPR landscape plan and/or critical areas analysis.

G.    Transition Buffer. A buffer shall be required when the MPR has greater density and/or intensity than that allowed in an adjacent zoning district and/or is located adjacent to an agricultural district and/or critical area. A combination of additional landscaping, fencing, increased setbacks or other alternatives which mitigate impacts to adjacent properties may be required.

H.    Parking Requirements. Parking shall be provided at the same ratio and in accordance with the minimum provisions established in DCC Chapter 20.42, Off-street Parking and Loading, except as otherwise approved by the review authority. Additional parking areas shall be required for recreational vehicles such as campers, boats, or trail bikes, unless such recreational vehicles are specifically precluded by the developer in the form of covenants or other restrictions approved by the review authority.

I.    Special Areas. An MPR which is adjacent to any lake, river, drainageway or other waterway shall provide pedestrian access parallel to the shoreline. Vehicular access, if permitted, shall be perpendicular to the shoreline.

J.    Resource Lands and Critical Areas. The proposed MPR shall identify and mitigate impacts to resource lands and critical areas pursuant to DCC Title 19 and other applicable provisions of the DCC. Development located within or adjacent to these areas shall be evaluated for impacts and may be limited in intensity, location and/or prohibited if found to measurably degrade the integrity of resource lands and critical areas.

K.    Archaeological and Historical Considerations. A proposed MPR shall be evaluated by a qualified professional(s) on its archaeological and historical significance. Design and development shall integrate measures of preserving and accentuating, where appropriate, features of archeological and/or historical significance.

L.    An applicant for an MPR shall submit the following when an MPR is proposed within an agricultural zoning district:

1.    An evaluation shall be conducted by a qualified agricultural economist of the impacts on the commercial agricultural and social-economic structure of the immediate area and of the county as a whole,

2.    An analysis of the proposed site to determine the least productive agricultural lands and an evaluation of the appropriateness for a change in land use from agriculture to nonagricultural,

3.    If an MPR proposes to maintain a portion of the site as lands designated agricultural resource lands, an evaluation and analysis shall be conducted to determine the most productive agricultural lands. The determination shall be based on a soils analysis (Class I, II, III), conflicting land uses and other criteria as deemed appropriate by the director upon recommendation of the Natural Resource Soils Conservation Service, the Department of Agriculture and local farm and ranch group organizations, and

4.    Based on associated impacts and an overall evaluation of the site, an MPR may be limited in intensity, location and/or prohibited if found to measurably degrade the economic viability of adjacent farming activities.

M.    The MPR shall be appropriately served by a full range of facilities and services, and utilities including provisions for sewer, water, power, emergency services and roads. On-site and off-site infrastructure impacts shall be fully considered and mitigated. Services and utilities established for the MPR shall not be extended beyond the MPR boundary.

N.    During subsequent phases of development, an amendment and update to the capital facilities, utilities plan and financing plan shall be provided prior to each phase of an approved MPR.

O.    Pedestrian- and transit-oriented facilities shall provide access to all areas within the development in accordance with DCC Chapter 18.16. Pedestrian systems shall include a combination of bicycle and pedestrian paths, hiking paths, and equestrian trails where appropriate. (Ord. TLS 12-13-38B Exh. B (part); Res. TLS 09-18 (part); Ord. TLS 05-02-34B Att. B (part): Ord. TLS 97-10-71B Exh. F (part))

18.74.080 Design standards.

A.    An MPR shall seek to blend the site development and architecture with the natural character and features of the land, including topography, vegetation, geology, slope, soils, natural resource environment, and cultural/historic resources of the area.

B.    At least sixty percent of the developed portion of the MPR shall be designed in a manner which emphasizes cluster developments. Site design shall consider the location of productive agriculture resources and natural characteristics of the landscape.

C.    The MPR shall be designed to primarily provide visitor accommodations, including short-term visitors and second homes.

D.    Community sewer, water, law enforcement and fire facilities 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 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. 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 the district(s).

E.    The MPR shall provide a proportionate share of affordable employee housing opportunities on-site.

F.    An MPR design shall include internal bicycle, pedestrian and/or equestrian access for resort guests with convenient linkages between recreational activity areas and housing/lodging facilities where appropriate. (Ord. TLS 97-10-71B Exh. F (part))

18.74.090 Preservation of common and private open space.

A.    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 present as well as future property owners, and shall contain a prohibition against partition of open space for other uses not designated at initial MPR approval. 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.

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

1.    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;

2.    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

3.    A private nonprofit conservation trust or similar entity with a demonstrated capability to carry out the necessary duties and approved by the director. 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. (Ord. TLS 97-10-71B Exh. F (part))

18.74.110 Conditions of approval/review criteria.

A.    Approval of an MPR permit shall be subject to the following conditions:

1.    A site and development plan for the entire MPR site that discloses the locations of sensitive areas and bluffs, required open spaces, MPR perimeter buffer, transportation corridors, types and densities of visitor accommodations, employee housing, and other residential and nonresidential development activities;

2.    The expected build-out time period for the entire project and the various phases including project phasing of commercial retail accommodations;

3.    Project phasing and other project-specific conditions or measures to mitigate impacts on the environment, public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks;

4.    Suitability of the area for proposed development and in compliance with the goals and policies of the comprehensive plan and Chapter 36.70A RCW;

5.    Development is in accordance with the comprehensive plan;

6.    Public purposes have been served; and

7.    The application would not be detrimental the public health, safety and welfare.

B.    The MPR permit application shall be accompanied by a design and development manual enumerated within this chapter and the development standards which will apply to the MPR. Development within an MPR shall proceed in conformance with the manual.

C.    Adequate mitigation measures for the protection of resources lands, critical areas and other affected resources are proposed.

D.    The review authority may require financial assurance in accordance with DCC Chapter 14.90 to guarantee/warranty compliance with permit conditions, protection of public facilities and conformance with other applicable requirements of the DCC. (Ord. TLS 97-10-71B Exh. F (part))

18.74.120 MPR permit—Development agreement.

A.    The conditions of MPR permit approval shall be attached to a development agreement that is acknowledged by Douglas County and all property owners within the MPR.

B.    The agreement shall be binding on all property owners and their successors to develop an MPR only in accordance with the conditions of the MPR permit.

C.    The agreement shall be recorded with the county auditor prior to the effective date of the MPR permit or any development proposal which was submitted and reviewed concurrently with the MPR permit application. (Ord. TLS 97-10-71B Exh. F (part))

18.74.125 Annual report.

An annual report shall be submitted to the director by March 1st of each year for the preceding calendar year and the current calendar year. The report shall include the type and amount of area developed; number of housing units and commercial activities and recreation; amount of roadway and utilities constructed; infrastructure and facilities constructed; preservation and mitigation measures completed and other similar features; and a description of anticipated development and construction activities for the current calendar year. No permits shall be issued for any development or construction activities within an MPR for which a current annual report has not been submitted to, and accepted by, the director. (Ord. TLS 97-10-71B Exh. F (part))

18.74.130 Performance assurance and guarantee.

Prior to any development activity or issuance of any permit within the MPR, adequate surety shall be posted pursuant to DCC Chapter 14.90. (Ord. TLS 97-10-71B Exh. F (part))

18.74.140 Limitation of permit approval.

A.    An MPR approved without a phasing plan shall be null and void if the applicant fails physically develop the site consistent with the approved development plan within five years of the date of approval.

B.    An MPR approved with a phasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan. A new development plan shall be required for any development on the subject property. Specific development activities shall be subject to the standards of the approved MPR and the regulations in effect at the time of development permit application.

C.    If physical development of the MPR (or first phase thereof) has not been commenced within the applicable time period, the MPR shall be extinguished. (Ord. TLS 97-10-71B Exh. F (part))

18.74.150 Modification to an approved permit.

A.    To assure development of lands contained within an approved MPR are developed in a manner consistent with MPR approval and to provide flexibility throughout the phases of physical development, the review authority appropriate to the category of development permit review in DCC Chapter 14.10 is granted broad authority and responsibility to approve permits for specific development activities within an MPR in keeping with the original legislative approval.

B.    A subsequent development permit application may request minor modifications to an approved MPR permit application provided a modification: (1) does not increase projected building floor area or parking by more than ten percent; (2) does not decrease the required open space; (3) does not decrease or substantially change the location of required transition buffers; (4) does not increase the total impervious surface area; (5) does not change the number of ingress and egress points to the site or result in an insufficient amount of parking and/or loading facilities; (6) does not significantly increase the traffic impacts of peak hour trips to and from the site without appropriate mitigation as determined by the county engineer; (7) does not reduce or expand the perimeter boundary of the MPR; or (8) does not significantly change the intent of the legislative approval of the MPR.

C.    Modifications to an MPR that are determined by the review authority to be beyond the scope of the original approval shall be considered through the same process as initial approval. (Ord. TLS 97-10-71B Exh. F (part))