Chapter 17.20D
NEW FULLY CONTAINED COMMUNITY URBAN GROWTH AREA
Sections:
17.20D.015 Designation of new fully contained communities.
17.20D.025 Application and master plan approval.
17.20D.030 Complete application vesting.
17.20D.040 Master plan approval.
17.20D.010
Purpose.
New fully contained communities are urban-scale planned developments located in the rural area intended to contain a mix of jobs, services, recreation, and housing types and densities. [Ord. 1219 §1 (Exh. A), 2010]
17.20D.015
Designation of new fully contained communities.
(1) A new fully contained community may be approved if criteria including but not limited to the following are met in a phased process where the initial site is designated, but no development is allowed until a master plan and development agreement is approved ensuring that:
(a) Urban level infrastructure is provided for and impact fees are established consistent with the requirements of RCW 82.02.050;
(b) Transit-oriented site planning and traffic demand management programs are implemented;
(c) Buffers are provided between the new fully contained community and adjacent urban development (if any);
(d) A mix of uses is provided to offer jobs, housing, and services to the residents of the new community;
(e) Affordable housing is provided within the new community for a broad range of income levels;
(f) Environmental protection has been addressed and provided for;
(g) Development regulations are established to ensure urban growth will not occur in adjacent nonurban areas;
(h) Provision is made to mitigate impacts on designated agricultural lands, forest lands, and mineral resource lands; and
(i) The plan for the new fully contained community is consistent with the development regulations established for the protection of critical areas (Chapter 17.38 LCC).
(2) A new fully contained community may be approved outside established urban growth areas only if a portion of the twenty-year population projection has been allocated to it. Final approval of an application for a new fully contained community shall be considered an adopted amendment to the comprehensive plan prepared pursuant to RCW 36.70A.070 designating the new fully contained community as an urban growth area. [Ord. 1219 §1 (Exh. A), 2010]
17.20D.020
Permitted uses.
Specific permitted uses in the fully contained community shall be established through the master plan process and the approved master plan shall become the subarea plan and development code for the property, identifying uses, standards and procedures for project approval, consistent with the intent and purpose of the Lewis County comprehensive plan and the criteria in LCC 17.20D.015(1). [Ord. 1219 §1 (Exh. A), 2010]
17.20D.025
Application and master plan approval.
Proposals for development in a designated fully contained community shall be in the form of an application including the information listed below. The application must be signed by the owners of at least 50 percent of the property for which the application is intended or by their representative. The application shall identify:
(1) The owner or owners of the property to be planned, which shall be the entire parcel or parcels designated as an industrial land bank in the comprehensive plan.
(2) The legal description of the property to be developed including all separate ownerships within the development area.
(3) A map or series of maps at a scale directed by the administrator showing:
(a) Boundaries of the designated area;
(b) Boundaries of individual ownerships;
(c) Dedicated rights-of-way or easements over, across, or under the property;
(d) Existing roads, highways, and driveways abutting the site and within one-half mile of the site;
(e) Property ownerships within one-half mile of the site;
(f) Wells within the development area or within 1,000 feet of the boundary of the site, which are used for domestic use and are identified through well log or water right records;
(g) A general identification and location of all critical areas (Chapter 17.38 LCC) on the site or within 1,000 feet of the site and the specific identification of all Type 1, 2, and 3 streams under WDF&W criteria, and any streams or water bodies subject to jurisdiction under Chapter 90.58 RCW, the State Shoreline Management Act; and
(h) A land use plan showing proposed land use categories and areas, circulation, critical area buffers and open space.
(4) A phasing plan which shows the proposed phases for development and how the phases are designed to assure the overall coordinated development of the site and its integration into the surrounding community.
(5) An environmental checklist or a request to proceed directly to scoping under SEPA. Any environmental review shall provide special studies as directed by the administrator, which address:
(a) On-site and off-site critical areas, issues, protection, and mitigation;
(b) Transportation. Present facilities and upgrades if required, new facilities and phasing, on-site and off-site impact and mitigation required;
(c) Water, wastewater, stormwater facilities in place, facilities necessary to serve the new development by phase, and potential impact on off-site facilities, critical areas, or water resources; and
(6) An inventory of land meeting the requirements of RCW 36.70A.365(2)(h) and 36.70A.367(2)(c). [Ord. 1219 §1 (Exh. A), 2010]
17.20D.030
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]
17.20D.040
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; except, that 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 identify 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 planning department and online 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 Department of Commerce for the 60-day Growth Management Act 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), and public notice of the hearing will be provided in the same manner as LCC 17.12.050(1).
(b) The board of county commissioners will follow the hearing process format set forth in LCC 17.12.090. 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.
(8) 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.
(9) 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 development of a fully contained community may require phasing. For phasing to be approved, the overall project plan, including general timelines for construction, illustrating building footprints and projected uses shall be detailed sufficiently to direct subsequent approvals of site and building development. Application for permits for the first phase of the development shall be filed within five years of the effective date of the master plan approval, unless the master plan phasing agreement provides for a longer period of time.
(b) Expansion or amendment of the major industrial development:
(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 before the hearing examiner.
(10) Proximity to a fully contained community urban growth area or extension of infrastructure to serve the fully contained community shall not provide a basis for changing the land use designation and zoning of adjacent lands for greater development density or more intensive uses. [Ord. 1219 §1 (Exh. A), 2010]