Chapter 17A.210


17A.210.010    Zone purpose.

17A.210.020    Uses allowed.

17A.210.030    General requirements.

17A.210.040    Preapplication consultation.

17A.210.050    Application for planned destination resort.

17A.210.060    Processing of application for PDR.

17A.210.070    Board of county commissioner’s review and decision.

17A.210.080    Final development plan submittal requirements.

17A.210.090    Procedure for review of a final development plan – Phased development.

17A.210.100    Procedure for modification of a final development plan.

17A.210.110    Violation of terms of approval.

17A.210.010 Zone purpose.

A. The purpose of the PDR zone is to enhance and diversify the recreational opportunities in Okanogan County through the development of destination resorts that complement the natural and cultural attractiveness of the area without significant adverse effects to environmental and natural features, cultural or historic resources and their settings, and other significant resources. The PDR zone provides for the development of destination resorts as recreational developments which provide visitor-oriented accommodations and recreational facilities for resort visitors and residents, consistent with the comprehensive plan. The PDR zone is only appropriate for those commercial, residential and/or visitor accommodations which are part of a destination resort facility. It is the intent of this chapter to establish standards and procedures for developing large scale destination resorts, while ensuring that all applicable land use requirements are achieved and available resources are used productively and efficiently.

B. Further, it is the intent of the PDR zone that the value of important natural features and systems shall be preserved and/or enhanced.

1. The necessary habitat of threatened or endangered species as listed on the federal register shall be protected so as not to diminish the necessary features of that habitat.

2. Natural features such as streams, rivers, riparian vegetation within 100 feet of streams, and significant wetlands shall be protected consistent with shoreline, SEPA, critical areas regulations, etc.

3. Key wildlife habitat and critical wildlife habitat areas shall be protected so as not to diminish the necessary features of that habitat.

C. The rezoning of a property or properties to a PDR zone has the effect of replacing all existing zoning ordinance regulations on the property with use and intensity allowances contained in the planned destination resort approval by action of the board of county commissioners. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.020 Uses allowed.

A. Principal Uses. The following uses shall be permitted outright as principal uses, provided they are part of, and are intended to serve persons at, a destination resort approved pursuant to this chapter:

1. Visitor-oriented accommodations designed to provide for the needs of visitors to the resort, including the following uses:

a. Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time-share units, campgrounds and similar transient lodging facilities,

b. Convention and conference facilities and meeting rooms,

c. Retreat centers,

d. Special studies centers,

e. Restaurants, lounges and similar eating and drinking establishments, and

f. Other visitor-oriented accommodations compatible with the purposes of this chapter;

2. Developed recreational facilities designed to provide for the needs of visitors and residents of the resort, including the following uses:

a. Golf courses, driving ranges, clubhouses and academies,

b. Indoor and outdoor spas and swimming pools,

c. Indoor and outdoor tennis and other sport courts,

d. Recreational, health facilities and fitness facilities,

e. Downhill ski facilities including lift stations and gondolas,

f. Equestrian facilities,

g. Wildlife observation shelters,

h. Theaters and amphitheaters,

i. Fishing facilities,

j. Walkways, bike paths, jogging paths, Nordic and alpine ski trails, equestrian and other athletic and recreation trails,

k. Marinas, boat launches, swimming floats, and other water dependent facilities compatible with the purpose of this chapter and with the Okanogan County shoreline master program, and

l. Other recreational facilities compatible with the purposes of this chapter;

3. Residential:

a. Single-family dwellings,

b. Duplexes and other multifamily dwellings,

c. Condominiums,

d. Townhouses,

e. Time-share projects,

f. Sufficient residential units for necessary full-time and seasonal employees, and

g. Other residential dwellings compatible with the purposes of this chapter;

4. Commercial services and specialty shops designed to provide for visitors of the resort, including the following uses:

a. Specialty shops such as clothing stores, bookstores, specialty food shops, state-licensed liquor stores, sport shops and photo developing shops,

b. Restaurants and taverns,

c. Gift shops,

d. Barbershops/beauty salons,

e. Automobile service stations,

f. Craft and art studios and galleries,

g. Real estate and other professional offices,

h. Grocery stores,

i. Laundromat and laundry facilities,

j. Licensed day care facilities, and

k. Other commercial services which provide for the needs of resort visitors and are compatible with the purposes of this chapter; provided, however, that all commercial uses within the approved PDR shall meet the following conditions:

i. Such commercial uses shall be within the approved boundaries of the PDR,

ii. Such commercial uses shall be oriented to the resort and located away from or screened from highways or other major roadways, and

iii. Such commercial uses shall be limited to those uses necessary or desirable to serve the needs of resort visitors in that their primary purpose is to provide goods or services that are typically provided to overnight or other short-term visitors to the resort, or the use is necessary or desirable for operation, maintenance or promotion of the destination resort;

5. Permitted uses may be combined within a mixed use building where permitted commercial uses are located with visitor-oriented accommodations and/or residential dwellings in the same or adjoining buildings;

6. Open space areas:

a. Wildlife areas,

b. Natural areas,

c. Trails,

d. Parks,

e. Lakes, rivers and streams,

f. Golf courses,

g. Landscaped setbacks,

h. Pasture and agricultural lands,

i. Any land which is not part of the area used for an accessory use to visitor-oriented accommodations, developed recreational facilities or residential dwellings, and

j. Other open space areas compatible with the purposes of this chapter.

B. Accessory Uses. The following uses shall be permitted outright as accessory to a destination resort or to principal uses located therein:

1. Transportation, including roads and parking, and utility facilities;

2. Emergency medical facilities;

3. Storage structures and areas;

4. Kennels as a service for resort guests only;

5. Heliports providing emergency services to the destination resort only and not for the general purpose of providing tours;

6. Ticket booths;

7. Public facilities, such as police and fire stations, and similar uses;

8. Facilities necessary for public safety and utility service within the destination resort or the county, notwithstanding any limiting provision of this subsection to the contrary; and

9. Other uses which are compatible with the purposes of the chapter.

C. Conditional Uses. The following uses may be approved as conditional uses subject to the provisions for conditional uses in this zoning title:

1. Helicopter skiing or other operations and facilities not otherwise allowed by subsection (B)(5) of this section.

D. Prohibited Uses. All uses not included above as principal, accessory or conditional uses are prohibited in the PDR zone. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.030 General requirements.

In addition to accomplishing the purpose of the PDR established in OCC 17A.210.010, development in a PDR zone shall meet the following requirements:

A. The minimum size for a PDR shall be 640 acres, at least 50 percent of which shall be in one contiguous parcel;

B. The maximum density for a PDR shall be three and one-half dwelling units per acre. For the purposes of calculating the density of a PDR, each two units of transient tourist accommodations (those accommodations without kitchen facilities or fixtures) shall equal one dwelling unit. Dormitory-style seasonal employee housing shall not be included in the calculation of residential density;

C. At least 60 percent of the total acreage included in the development shall be dedicated to and maintained as permanent open space as defined by OCC 17A.210.020(A)(6), and/or recreational areas, excluding required streets and parking areas. The amount of site coverage shall be recommended by the hearing examiner and approved by the board of county commissioners.

D. The method of calculating the ratio of permanent residential units to visitor-oriented dwelling units is as follows:

1. The ratio of permanent residential units to visitor-oriented dwelling units shall not exceed two and one-half to one. For purposes of this section, “visitor-oriented dwelling units” are those units, whether a single-family house, townhouse, condominium or transient tourist accommodations, which are made regularly available to the traveling public for stays of limited duration. Dormitory housing for seasonal employees shall be provided as required in any permit or approval, but shall not be included in calculating this ratio.

2. The developer is required to provide, in the final development plan, an enforceable program that adequately demonstrates this ratio will not be exceeded at any time in the development of the project.

3. This ratio shall not affect the calculation of maximum density set forth in subsection B of this section.

E. No building permit or building occupancy permit shall be issued for any structure or use to be located within PDR zone unless the structure and use complies with the requirements of the final plan and program and this section.

F. The PDR shall provide public transit proposals which satisfy public transportation demands generated by the planned destination resort.

G. No structures or uses, except those which are necessary for maintenance, shall be permitted within areas designated as buffer areas. Buffer areas shall contain natural vegetation, fences, berms and landscaped areas as indicated in the applicable preliminary or final plan and program.

H. Any additional requirements of the final approval shall be met during that review process. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.040 Preapplication consultation.

A. An applicant may request an informal review of a PDR prior to submittal of an application. Upon receiving a request for an informal review, the administrator will request a meeting with the appropriate county and resource agencies and the developer. The purpose of this meeting is to assist the developer in identification of site constraints and suggest potential solutions where possible. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.050 Application for planned destination resort.

A rezone to a PDR designation requires submittal of a rezone application. This application shall be reviewed in two steps: (1) a preliminary development plan and program for the entire development, together with the rezone application, and (2) a final development plan for the entire development, or for each individual phase of the PDR. The preliminary development plan and program and rezone application shall include sufficient schematic or concept information to permit a comprehensive review of the entire development.

A. The actual rezone of the property will occur upon approval of the preliminary development plan and program and rezone by the board of county commissioners, and shall include, where appropriate, conditions to be satisfied by the final development plan or plans. The final development plan shall be in greater detail to permit a determination that the final development plan conforms with the preliminary development plan and program and rezone approval.

B. Upon submittal of a complete application, the preliminary PDR rezone request will proceed as follows:

1. The applicant shall submit a complete PDR rezone application requesting a change of zone to planned destination resort;

2. The rezone application shall be accompanied by a preliminary development plan and program (hereinafter referred to jointly as the “rezone application”) which includes the following information:

a. A development site plan which includes one or more scale drawings of the existing conditions on the entire site, at a scale to be prearranged with the administrator or designee, and which shall include the following:

i. A vicinity map at a reduced scale showing the proposed development in relation to existing landmarks (e.g., state or county roads, towns, etc.),

ii. Boundaries of the site,

iii. Names and dimensions of all existing roads serving, adjacent to or lying within one-quarter mile of the site of the proposed development,

iv. Location of major physiographic features, such as railroads, drainageways, canals and shorelines,

v. Existing topographic contours, at intervals of not more than five feet, for the entire site, using the best information available, such as USGS maps or highway department maps, within the immediate vicinity (250 feet plus) of development activities. Contours should be shown together with existing drainage and identification of significant vegetation,

vi. Important natural features of the site, including habitat of threatened or endangered species as listed on state or federal government registers, streams, rivers, riparian vegetation within 100 feet of streams and significant wetlands shall be protected consistent with shoreline, SEPA, critical areas regulations, etc.,

b. One or more site plan sheets showing in concept form the following:

i. The location and number of acres reserved as open space as defined in OCC 17A.210.020(A)(6), along with a conceptual landscape plan showing areas of preservation, removal and restoration of vegetation,

ii. Major pedestrian, equestrian, bicycle trails, ski trails, and any other recreational systems,

iii. The number and general location of off-street parking facilities, showing points of ingress to and egress from the site, as well as proposed roads and pedestrian and vehicular circulation patterns,

iv. Proposed land uses, densities, and building limit lines, building type, height and bulk,

v. Proposed public dedications,

vi. Proposed utility systems (i.e., water, wastewater, storm and power),

vii. Snow removal/storage/water quality protection plan,

c. A written program that includes an explanation of the density of development proposed and open space provisions together with the following:

i. A description in a concise statement of the general public benefit that will result from the development of the proposed project. Benefits to be described may include, but are not limited to:

(A) Increased usable open space,

(B) Special wildlife or recreation benefits resulting from innovative or optional development techniques,

(C) The creation of compatible multiple use projects that include uses authorized by this chapter, and

(D) The development of perimeter transition with surrounding land uses,

ii. Additional written information shall provide a detailed evaluation and/or analysis of the following (note: some of the following information may be a part of project SEPA compliance documentation):

(A) Proposed ownership pattern,

(B) Operation and maintenance proposal (i.e., condominiums, homeowner’s association, co-op, time share or other),

(C) A written explanation of the timetable for development, with the projected build-out date, describing the phases of project development. If the developer requests approval of phase I concurrent with the preliminary development plan, the requirements of OCC 17A.210.090 must be met,

(D) Description of existing and/or proposed community and recreational facilities,

(E) Water supply system,

(F) Wastewater disposal system,

(G) Geophysical characteristics (i.e., soils, slope, drainage and erosion control),

(H) An explanation of how the project has been sited or designed to avoid or minimize adverse effects or conflicts with adjacent uses. The application shall explain how proposed open space areas will avoid or minimize adverse effects or conflicts,

(I) Visual impacts, existing and proposed landscaping, and identification of view corridors; provided, however, the planning administrator may require graphic or other visual exhibits to supplement this information,

(J) Description of known archaeological and historical features,

(K) Air quality considerations and mitigation measures (e.g., dust suppression),

(L) Traffic circulation elements (both on and off site including required improvements and right-of-way dedications),

(M) Utility installations (all utilities, including power) shall be underground, except where site constraints prohibit such installations and such change is approved by the hearing examiner),

(N) Noise considerations and mitigation measures (e.g., vegetative buffers), and

(O) Information as to employee housing to be provided,

iii. An environmental evaluation of the site and the surroundings prepared in accordance with the State Environmental Policy Act (SEPA) and at the direction of the responsible official. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.060 Processing of application for PDR.

An application for a PDR shall require a quasi-judicial review process in accordance with OCC Title 20, Development Permit Procedures and Administration. The board of adjustment or hearing examiner approves or denies an application. The board of Okanogan County commissioners perfect approval of the application by approving an amendment to the county zone map and by approving the final development plan.

A. When the proposal calls for construction or alteration of roads, utilities or other improvements for which the public agencies would have responsibility for completion should the applicant fail to make adequate installation, and when such required improvements will not be completed at the time of final development plan approval, the administrator shall recommend that the board of adjustment or hearing examiner require a bond or acceptable surety indemnifying the required improvements in an amount at least equal to 120 percent of the estimated cost of the required improvements. A bond may also be required to assure site restoration in the event a partially completed project is abandoned. Bonding may be adjusted to meet the schedule of phased development. Bonds shall be filed with the Okanogan County department of public works prior to the board making a decision on the final development plan. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.070 Board of county commissioner’s review and decision.

A. In the event the board approves or conditionally approves the rezone application, such approval shall give the applicant the right to proceed with submission of a final development plan for one or more phases of the development, and such approval shall also be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation patterns.

B. Approval of the rezone application shall constitute authorization for the applicant to develop streets, utilities, and other such infrastructure improvements in accordance with construction drawings and permits approved by the Okanogan County public works department.

C. Upon approval of the rezone application, the county zoning map shall be changed to indicate the designation of the subject property as PDR with reference to the specific ordinance that defines the terms of approval. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.080 Final development plan submittal requirements.

The final development plan submittal shall include the following:

A. A map or maps, prepared under the direction of a land surveyor or civil engineer, drawn to a scale or scales acceptable to the administrator, for the entire PDR or phase being requested for approval with proposed contours shown at one- to five-foot intervals within 150 feet of the major construction activities. In addition, the administrator may require a scale model, illustrative renderings or perspective drawings. The maps will include the following:

1. Locations, with the names of all existing and proposed streets, public ways, railroad and utility rights-of-way, parks or other open spaces, and all land uses within 500 feet of the boundary of the development,

2. Existing on-site or sanitary sewer systems, water wells or mains, and other underground facilities within and adjacent to the development, and their certified capacities,

3. Proposed on-site or sanitary sewer systems or other waste disposal facilities, water mains and other underground utilities,

4. Preliminary subdivision plan,

5. Proposed land use site plan including on-site or public recreation facilities or areas, if any,

6. Community facilities plan,

7. Location and amount of open space as defined in OCC 17A.210.020(A)(6),

8. Traffic flow plan,

9. A landscape plan as defined in OCC 17A.210.050(B)(2)(b)(i),

10. Location, arrangement, number and dimensions of truck loading and unloading spaces and docks,

11. Location, arrangement, number and dimensions of auto garages and parking spaces, width of aisles, bays and angles of parking,

12. Preliminary plans, elevations of typical buildings and/or structures, indicating general height, bulk, square footages, number of dwelling units and provisions for employee housing,

13. Approximate location, height and materials of all walls, fences and screen plantings,

14. A narrative as to the details of compliance of the proposed final development plan with the approved rezone application;

B. Proposed covenants, conditions and restrictions which shall include, at a minimum, provisions for:

1. Use, improvement and maintenance of all common open space areas which may be accomplished through a homeowner’s or business owners’ association,

2. The availability of private security patrol,

3. Architectural control over all residential dwellings and the establishment of a residential design review committee,

4. Limitations on the nature and extent of individual business signage so that all commercial uses are publicized as an integral part of the resort and are oriented toward the resort,

5. Dimensional standards for all residential dwellings, and

6. The ability of the county to enforce those provisions which are designated as a requirement for approval of the preliminary plan, and which may not be amended without board of county commissioners approval. Such designated portions of the preliminary plan shall be considered a part of the zoning requirements of this chapter and nonenforcement shall not result in waiver of the right to subsequently enforce. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.090 Procedure for review of a final development plan – Phased development.

A. A destination resort authorized pursuant to this chapter may be developed in phases. The applicant shall, within 18 months from the date of the approval by the board of the rezone application, file a final development plan of one or more of the phases of the proposed destination resort with the administrator; provided, that the board of adjustment or hearing examiner may, upon request of the applicant, grant an extension for the filing of the final development plan of up to 24 additional months with annual review and additional conditions if deemed necessary. If the final development plan is not filed within 18 months or within the extended time period, if any, the board of adjustment or hearing examiner may rescind approval of the rezone application following a 30-day appeal period after notification to the applicant of record of the board of adjustment or hearing examiner’s proposed action.

The addition of property to a PDR zone, which addition is less than five percent of the total acreage in the PDR zone as originally proposed, and which does not result in any significant alteration to the approved PDR, shall not require referral to the hearing examiner, but shall be considered by the board as part of its review of the final development plan. The board’s review of such addition of property to a PDR zone shall consist of determining conformance with the requirements of OCC 17A.210.010 through 17A.210.030.

1. The administrator shall review the final development plan to determine that all requirements of OCC 17A.210.080 are satisfied, and that the final development plan is in substantial compliance with the rezone application as approved by the hearing examiner. The administrator shall then forward the proposed final development plan to the board, together with the conclusions from the administrator’s review.

2. The board shall, at its next public meeting or any continued meeting, determine:

a. Whether the final development plan is substantially consistent with the rezone application as approved by the board; and

b. Whether any conditions of approval required to be satisfied prior to approval of the final development plan have been fulfilled, or alternatively, whether the bond assures the completion of improvements.

The board shall thereupon take action to approve, refer to the hearing examiner for further review and recommendation, or disapprove the proposed final development plan. If the board approves the final development plan, the developer shall submit the original reproducible copy on stable base mylar polyester film or equivalent approved material, to be signed by the same parties who are authorized to sign final plats, pursuant to OCC Title 16. One additional copy which may be of paper shall be submitted to the county office of planning and development.

3. The final development plan, including all terms and conditions of approval, shall be filed with the Okanogan County auditor.

4. The terms and conditions of the final development plan, including the map approved by the board, shall constitute limitations on the use, design and structures on the site which shall be enforced by any and all means included in Chapter 17A.360 OCC; provided, that the applicant may enter into an agreement with the county, executed concomitantly with and as consideration for approval of the final development plan, by which the applicant agrees to develop, maintain and/or use the area within the PDR as specified in the final development plan.

5. Approval by the board of the final development plan shall constitute authorization for the applicant, its heirs, successors, grantees or assignees of the applicant to develop the site in accordance with the final development plan and any conditions imposed by the board.

6. Authorization for a PDR shall expire if construction of the first phase of development as described in the final development plan is not commenced within two years of the date the final development plan is approved or if the project is abandoned. Time extensions or scheduled modifications may be granted by the board in up to 18-month increments and with additional conditions if deemed appropriate following review by the hearing examiner.

7. After approval of the final development plan, building permits shall be issued for construction only in accordance with the final development plan as approved by the board of county commissioners. The facilities and accommodations described in the final development plan shall be physically provided or financially assured prior to the closures of sales, rental or lease of any residential dwellings to the general public, except that the developer may sell undeveloped land to sub-developers or builders for the purposes of constructing the commercial, recreational or residential facilities required by this chapter; provided, that all purchasers shall agree to abide by the conditions of the approval of the PDR.

B. If a proposed resort is to be developed in phases, each phase shall be described in the preliminary development plan. The phasing shall meet the following requirements:

1. The first phase shall include the following as minimum requirements:

a. At least 75 separate rentable units for visitor-oriented lodging; and

b. Visitor-oriented eating establishments for at least 100 persons and meeting rooms which provide seating for approximately 100 persons.

2. Each phase, together with previously completed phases, if any, shall be capable of operating in a manner consistent with the intent and purpose of this chapter.

3. All phases of the destination resort taken cumulatively shall meet the minimum requirements of OCC 17A.210.030.

4. Each phase may include two or more distinct noncontiguous areas within the PDR zone.

5. All subsequent development of any property zoned PDR shall be in substantial conformance with the preliminary development plan. (Ord. 2021-12, 2021; Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.100 Procedure for modification of a final development plan.

A. Applications for major modifications in the final development plan must be submitted to the hearing examiner as a quasi-judicial application and review process in accordance with OCC 17A.210.060 and OCC Title 20, Development Permit Procedures and Administration.

B. Minor modifications to the final development plan may be approved by the administrator as an administrative review process in accordance with OCC Title 20, Development Permit Procedures and Administration. Such changes are ones that would not materially affect the findings and conclusions of the board on the preliminary development plan, such as, but not limited to, minor shifting of the location of buildings, proposed streets, public or private ways between easements, parks or other features of the plan; minor changes in densities so long as overall densities as described in the preliminary development plan are maintained; or minor changes in building height or bulk. Changes of boundaries of the PDR zone or changes in land use beyond the range of uses contemplated in the rezone application shall not be considered minor changes. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.210.110 Violation of terms of approval.

Deviation from any condition shown on the approved final development plan, without prior compliance with OCC 17A.210.100, shall constitute a violation of this title and shall be punishable and enforceable in the manner provided for in Chapter 17A.360 OCC. (Ord. 2016-4 § 1 (Att. A), 2016).