HomeMy WebLinkAboutPleasant Harbor Zoning Code_ PC Final version 6-15-16
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PLEASANT HARBOR MASTER PLANNED RESORT
(Jefferson County Planning Commission Version 2016)
Title 17
MASTER PLANNED RESORTS
Title 17, Article I, Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17, Article II, Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60, General Provisions
17.60.010 Authority.
This title is adopted pursuant to Chapters 36.70 and 36.70A RCW, and Title 18 JCC.
17.60.020 Title.
The regulations set forth in this title shall be known as the “Pleasant Harbor Master
Planned Resort Code” or by the short title “Pleasant Harbor MPR Code.” Citations to these
regulations shall be made using the applicable JCC section number.
17.60.030 Purpose and intent.
The purpose and intent of the Pleasant Harbor MPR code is to set forth development
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Master Planned Resort.
17.60.040 Additional requirements.
In addition to the requirements of this title, the provisions of Title 15 and Title 18 of the
Jefferson County Code shall apply to development in the Pleasant Harbor MPR. Applications for
development within the MPR must be submitted as provided for in JCC 18.35 Article V, Binding
Site Plans, and all subsequent development within the MPR area will be subject to the approved
binding site plan and as specified in the terms and conditions of the Development Agreement
between Jefferson County and the Developer.
17.60.050 Applicability.
The provisions of this title shall apply to all land use actions and siting of infrastructure
including over water or in-water work to be conducted within the boundary of the Pleasant
Harbor Master Planned Resort as depicted on the official land use map for Jefferson County,
Washington.
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17.60 060 Exemptions.
The following structures and uses shall be exempt from the regulations of this title, but
are subject to all other applicable local, state and federal regulations including, but not limited to,
the county building ordinance, interim critical areas ordinance, the shoreline management master
program, and the State Environmental Policy Act (SEPA).
(1) Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment for
the distribution to consumers of telephone or other communications, electricity, gas, or water or
the collection of sewage, or surface or subsurface water operated or maintained by a
governmental entity or a public or private utility or other county franchised utilities including
customary meter pedestals, telephone pedestals, distribution transformers and temporary utility
facilities required during building construction, whether any such facility is located underground,
or above-ground; but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground electrical substations, sewage pump
stations or treatment plants, or potable water storage tanks or facilities, which shall require
conditional use approval in any zone where permitted;
(2) Underground utility equipment, mailboxes, bus shelters, informational kiosks, public
bicycle shelters, or similar structure or device which is found by the director of community
development to be appropriately located in the public interest;
(3) Minor construction activities, as defined by the IBC, Section 106.2 and structures exempt
under Chapter 15.05 JCC, as amended;
(4) Development consistent with the Marina Binding Site Plan approved by the County prior
to adoption of this chapter.
17.60.070 Pre-existing uses and structures.
Existing legally-permitted, residential and non-residential land uses and structures in all
zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent
with state law, Titles 15 and 18 of the Jefferson County Code and any other applicable
regulations or Ordinances.
17.60.080 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title 18 of the
Jefferson County Code as currently enacted or as hereafter amended shall apply to any alleged
violation of Title 17, Article II, more commonly known as the “Pleasant Harbor MPR Code.”
Chapter 17.65 Pleasant Harbor Master Planned Resort Residential Recreation and
Commercial Zone (MPR-RRC)
17.65.010 Purpose.
The MPR-RRC zone allows residential and recreational facilities, as well as commercial
amenities and services associated with the resort and surrounding community. It also allows for
the central resort and conference facilities.
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17.65.020 Permitted Uses.
(1) Residential uses including single-family and multifamily structures, condominiums,
townhouses, apartments, lofts, villas, time-share and other fractionally owned accommodations.
(2) Short-term visitor accommodations, constituting not less than 65% of the total residential
units authorized by Ordinance #01-0128-08, including, but not limited to hotels, motels, lodges,
and any residential uses allowed under subsection 1 of this section that are made available for
short-term rental. “Short-term rental” shall be construed to mean less than 30 days.
(3) Visitor oriented amenities, including, but not limited to (a) conference and meeting
facilities; (b) restaurants, cafes, delicatessens, pubs, taverns and entertainment associated with
such uses; (c) on-site retail services and businesses typically found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resort; and
(d) recreation business and facilities;
(4) Cultural and educational facilities of all kinds including, but not limited to, interpretative
displays of local Native American ties to and uses of the area, art galleries, and indoor or outdoor
theaters;
(5) Indoor and outdoor resort-related recreational facilities, including but not limited to
tennis courts, swimming pools, spa services, hiking trails, bicycle paths, ropes courses,
amphitheater, and other recreational uses consistent with the nature of master planned resort;
(6) Waste water treatment facilities, including treatment plants, capture, storage and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater;
(7) Public water supply and related facilities;
(8) Public facilities and services as defined in JCC 18.10.160;
(9) Utilities supporting the resort;
(10) Emergency services (fire, police, EMS);
(11) Medical services; and
(12) Other similar uses consistent with the purpose of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Height restrictions.
No buildings within the MPR-GR zone shall be erected, enlarged or structurally modified
to exceed 35 feet in height as measured by IBC standards except with approval of the local Fire
District. Underground or imbedded parking shall not be included in any height calculations.
17.65.040 Bulk and setback requirements.
All structures shall be set back at least 40 feet from Master Planned Resort boundary
lines and adjacent MPR zones. Minimum building setback from State Route 101 is 50 feet.
17.65.050 Critical Areas, Significant Tree Retention and Cultural Resources Protection
Areas
(1) Critical areas and their buffers within the MPR boundaries shall be identified, delineated
and permanently protected in accordance with JCC 18.22 and shall be designated on the official
map of the Pleasant Harbor Master Planned Resort. A building setback of 10 feet shall apply to
all designated buffer areas.
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(2) Significant Tree Retention.
All trees measuring 10” diameter breast high (dbh) or greater on the date of binding site plan
approval shall be located and marked for retention, and measures taken to protect surrounding
soil and roots during site disturbance. Where there is no alternative to removing such trees,
additional trees, such as Douglas Fir or Sitka Spruce at least four years old or four feet in height,
shall be planted in buffer areas at a ratio of two trees planted for each removed. Where feasible,
removed trees and their root wads shall be made available for watershed restoration projects.
(3) Kettles.
A “kettle” is defined as a depression on the land surface left by an ice block after glacial retreat.
Black Point has three such geologic and culturally significant features inside the MPR
boundaries. Kettles are identified as a type of wetland difficult to replace. The three kettle sites
on Black Point inside the MPR boundaries shall be preserved and protected to include buffers as
deemed sufficient per agreement with the Port Gamble S’Klallam Tribe.
(4) Special Environmental Protection Provisions.
Notwithstanding all other environmental requirements, the MPR approved plan must have
provisions for:
(a) Well-head Protection and Aquifer Recharge Area
Permeable soils on site mean potential contamination of the aquifer could occur from
improperly directed run-off, spills or other contamination of fertilizers, pesticides,
herbicides and petroleum products, putting human health at risk as well as fish and
wildlife. An approved plan for directing untreated run-off away from the aquifer and
treating all on-site run-off with current biofiltration standards prior to any discharge
to the aquifer.
(b) An approved organic vegetation and site management plan shall be submitted to the
County as part of the overall Master Planned Resort application for review and
approval, or approval with conditions.
(c) All development and landscaping within the PHMPR area must be located ,
constructed, and maintained in such a manner as to provide full protection to the
aquifer and any on-site or neighboring wells that rely on that aquifer for potable
water.
(d) No golf course greens should be constructed over the aquifer recharge area. Site
grading and excavation shall be minimized, as demonstrated by a County reviewed
and approved grading plan pursuant to JCC 18.30.060 & 070.
(e) Land disturbing activities such as grading and filling shall be kept to a minimum and
natural contours shall be followed in locating and designing all development features
to protect the natural environmental uniqueness of the site.
(f) Regular independent water quality testing shall be conducted at specific monitoring
sites to be identified in the Resort Plan to test for saltwater intrusion and toxic
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contamination in local wells that rely on the Black Point sole source aquifer, as well as
testing in the lower reaches of the two adjoining watersheds for toxic contamination
and low oxygen levels.
(g) All development and land disturbance shall protect/avoid all important
cultural/historic sites that are listed, or eligible to be listed, by State Historic
Preservation Officer or by a local Tribe with jurisdiction. Pursuant to JCC 18.30.160,
the County recognizes that the area of the MPR is within the ceded area of Tribes that
were parities to the Point No Point Treaty.
(h) The owner/developer or assignees must provide for all on-site recycling of material,
including paper, glass, cardboards, plastics, and composting of garden waste, food
waste. All compost should be reused on site. The owner/developer or assignees must
provide a written record that landscaping materials purchased and applied onsite,
including those applied as compost feedstocks, and pest controls are within the
parameters and use restrictions set forth by the National List of Allowed and
Prohibited Substances as published and periodically updated by USDA National
Organic Program.
(i) The applicant shall identify wildlife use areas within the site and provide for set-aside
and protection of core wildlife habitat areas and connecting corridors.
(j) In cooperation and consultation with local tribes, areas shall be set aside and
maintained for the occasional harvesting of medicinal plants and other plants
important to tribal culture.
(k) All development with the PHMPR must comply with the requirements for buffer
retention, wildlife protection, greenbelt retention and maintenance and establishment
of permanent protective easements for these resources, as well as the other specific
requirements of Jefferson County Ordinance, 01-0128-08, which was part of the Board
of County Commissioners Council approval for establishment of the Pleasant Harbor
Master Planned Resort.
(l) Any development proposed in the PHMPR shall use the LEED (Leadership in Energy
and Environmental Design) green building rating system standards.
(m) Any development proposed in the PHMPR shall use the International Dark Sky
Association (IDA) Zone E-1 standards for the MPR in order to limit night-time light
pollution which may affect neighboring residential areas as well as wildlife.
(5) Public Access to Master Planned Resort Amenities.
All amenities and recreational resources of the development shall be open to all members of the
public, with the exception of those type of activities pertaining to guests and residents only such
as access to laundry rooms or internal recreation rooms, TV rooms, etc. Nothing in this section
shall prevent the operator of any recreational resource from establishing a fee or charge for the
public’s use of the recreational resource.
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Chapter 17.70, Open Space Reserve (MPR-OSR)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide for a natural vegetated buffer area
between the resort activities and the waters of Hood Canal. The MPR-OSR zone shall include a
buffer extending landward 50 feet as surveyed from the top of the shoreline bluff bank, including
a 10 foot building setback, along southern boundary of the MPR in accordance with Ordinance
No. 01-0128-08.
17.70.020 Permitted uses.
The following uses may be allowed in the buffer and open space areas in the MPR-OSR
zone after review and approval of appropriate critical area reports:
(1) Restoration of existing development intrusions (roads, campsites) to their natural pre-
development state; and
(2) Passive recreation, including trails that do not reduce the forest canopy, increase
stormwater discharge, or bluff erosion.
(3) Educational and interpretive displays and signs may be installed if such installations involve
a minimum of disturbance to soils or vegetation.
Chapter 17.75, Marina - Maritime Village (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina and maritime village portion of the resort and surrounding community, and provides the
central support to the marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:
(1) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated regulations Chapter 18.25 JCC;
(2) Residential uses including single-family and multifamily structures, condominiums, time-
share and fractionally owned accommodations of all kinds;
(3) The Marina and Maritime Village related upland mixed use, commercial and service
facilities, including open parking lots, restaurants and shops, as well as marine service facilities,
marina office, yacht club and recreation facilities serving the resort and the Marina;
(4) All over-water buildings and docks shall be constructed so as not impede migrating fish
and to minimize shading.
(5) Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting marina and maritime village uses, fuel service and parking;
(6) Indoor and outdoor resort-related recreational facilities, including but not limited to
tennis courts, swimming pools, marinas, hiking trails, bicycle paths, ropes courses, game center
and other recreational uses consistent with the nature of master planned resort;
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(7) Utilities supporting the resort;
(8) Infrastructure and buildings, both above and below ground, for the utilities;
(9) Emergency services (fire, police, EMS);
(10) Public facilities, and services serving the MPR-MV zone;
(11) Medical services; and
(12) Other similar uses consistent with the purpose of the zone and MPR as determined by the
Department of Community Development and consistent with 18.25 JCC.
17.75.030 Height restrictions.
No buildings within the MPR-MV zone shall be erected, enlarged or structurally
modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded
parking shall not be included in any height calculations.
17.75.040 Bulk and setback requirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County’s Shoreline Master Program as codified under JCC 18.25.
Chapter 17.80, Pleasant Harbor Resort Development
17.80.010 Resort development.
This section describes the “Resort Plan” for facilities to be located in the resort MPR, sets
out a required environmental review process for any future resort development, and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of (intentionally left
blank to be determined by further consultation with the Port Gamble S’Klallam Tribe) residential
units provided, however, short term visitor accommodation units shall constitute not less than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
56,608 square feet of resort commercial, retail, restaurant and conference space, not including all
internal open space.
17.80.030 Resort Plan and Development Agreement
The Resort Plan, shall consist of an approved binding site plan, including monitoring and
operational plans, and an approved Development Agreement for future development of
properties in the Pleasant Harbor MPR. The process for approval of such agreements is
contained in 18.40.820 JCC
17.80.040 Permit process for resort development.
(1) A project-level supplemental environmental impact statement (SEIS) analyzing
development of the Resort Plan is required prior to issuance of building permits for any new
resort development.
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(2) Notice of development application and environmental review under SEPA shall be
provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC
Title 18.
(3) Actual building permit plans or construction drawings may not be required during the
SEPA review process, but submitted architectural drawings must contain and demonstrate
sufficient details, including a detailed site plan, showing approximate elevations, sections, and
floor plans are required, however, to ensure that the SEPA review process analyzes and
considers project-level details.
(4) The department of community development may impose mitigating conditions or issue a
denial of some or all of the Resort Plan based on the environmental review and using authority
provided pursuant to the State Environmental Policy Act, Chapter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit process for resort development.
(5) Following completion of the SEIS, building permits may be issued, following appropriate
plan review, for projects analyzed in the SEIS.
(6) Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposed as part of the environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.
(1) All project level applications will be presumed to meet the threshold for a SEPA
Determination of Significance except where the SEPA-responsible official determines that the
application results in only minor impacts. Existing environmental review documents may be
adopted under SEPA if those documents meet the SEPA and JCC requirements to adequately
address environmental impacts and mitigation as set forth in RCW 43.21C.034.
(2) The scope of an SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007, together with such additional
requirements as a project specific application may raise. The scope shall not change the
standards of approval, however, as set forth in the applicable development agreement and these
development regulations.
(3) The utility element of any subsequent phase of SEPA review pertaining to the Pleasant
Harbor MPR shall provide information on all affected utility systems, including sewer and water
systems and the results of required monitoring. The effectiveness of such monitoring shall be
evaluated. Supplements or changes to the monitoring and reporting systems shall be considered
if necessary to ensure that water quality and water supply are adequately protected and impacts
to natural resources minimized. Requirements for water quality and quantity monitoring as well
as for run-off impacts shall be specified in the Developer Agreement and in 17.80.030.
(4) Any preliminary scope for future development within the Pleasant Harbor MPR shall be
consistent with the approved Resort Plan. Other elements, issues, and specific levels of detail
may be included based on information available at the time the Resort Plan development
application is submitted. Elements noted above may be combined in the SEPA analysis to reduce
duplication and narrow the focus on potentially significant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.
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(1) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zone
changes within the MPR shall require a Comprehensive Plan amendment and related zoning
action. Such changes are outside the scope of the revision processes described below and in JCC
17.80.070 and 17.80.080. The County may approve an amendment to the Comprehensive Plan
only if all requirements of the Growth Management Act (Chapter 36.70A RCW) are fulfilled.
(2) The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval of a revision, all subsequent development proposals shall be
consistent with the revised Resort Plan and development regulations.
(3) Proposed revisions to the Resort Plan shall be submitted to the Department of
Community Development (DCD) and the DCD director will determine whether the proposal
constitutes a major or minor revision. Upon making a determination, the proposed revision shall
follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.
(1) Minor Revisions. Resort Plans may require minor changes to facilities and services in
response to changing conditions or market. Minor revisions are those that do not result in a
substantial change to the intent or purpose of the Resort Plan in effect. A change that satisfies
the following criteria shall be deemed a minor revision for purposes of this chapter:
(a) Involve no more than a five percent (5%) increase in the overall gross square
footage of the Resort Plan;
(b) Will have no additional impacts on the environment and/or facilities than that
addressed in the development plan;
(c) Do not alter the boundaries of the approved plan;
(d) Do not propose new uses or uses that modify the recreational nature and intent of
the resort.
(2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to,
and reviewed by the Jefferson County Department of Community Development (DCD) to
determine if the revisions are consistent with all of the approved provisions of the Resort Plan
the 2015 FSEIS, the Jefferson County Comprehensive Plan and other pertinent documents.
Those proposals that satisfy the above-referenced criteria shall be deemed a minor plan revision
and may be administratively approved (as a Type II decision under the land use procedures of
JCC Title 18, Unified Development Code) by the director of the department of community
development. Public notice of the application, the written decision, and appeal opportunities
shall be provided to all persons or agencies as required by the land use procedures of JCC Title
18, Unified Development Code. Those revisions that do not comply with the provisions
contained within this section shall be deemed a major revision, subject to the provisions outlined
in JCC 17.80.080.
17.80.080 Major revisions.
Revisions to the Resort Plan that will result in a substantial change to the resort
including: changes in use, increase in the intensity of use, or in the size, scale, or density of
development; or changes which may have additional impacts on the environment beyond those
reviewed in previous environmental documents, are considered to be major revisions and will
require application for a revised Resort Plan.
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(1) Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providing a
framework for review, analysis and mitigation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:
(a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan;
(b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR;
(c) A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site design and
protection of natural amenities;
(d) A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet the needs
of residents of the Pleasant Harbor MPR and patrons of the resort;
(e) A completed SEPA environmental checklist with description and analysis of the
environmental impacts associated with the proposed revision, including an analysis of the
cumulative impacts of both the proposed revision and the approved Resort Plan, and their
effects on surrounding properties and/or public facilities;
(f) A description of how the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and any features, such as connections to trail systems,
natural systems or greenbelts, that have been established to retain and enhance the
character of the resort and the overall MPR;
(g) A description of the intended phasing of development projects;
(h) Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas;
(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands, including but not limited to
transportation, water, sewer and stormwater facilities; and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.
(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III), with a required public hearing prior to the decision. Public notice of the
application, the required public hearing, the written decision, and appeal opportunities shall be
provided to all persons or agencies as required by the land use procedures of JCC Chapter 18.40
Article III, Unified Development Code. Any proposed major revision also involving a change to
the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V
county commissioners decision) prior to any decision on the Resort Plan amendment and review
by the County Planning Commission and subsequent recommendation to the Board of County
Commissioners who approve all Comprehensive Plan amendments.
(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan,
and the Board of County Commissioners may approve any associated Comprehensive Plan
Amendments, only if all the following criteria are met:
(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan;
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(b) No unmitigated probable significant adverse environmental impacts would be
created by the proposed revision;
(c) The revision is consistent with all applicable development regulations, including
those established for critical areas;
(d) On-site and off-site infrastructure (including but not limited to water, sewer,
storm water and transportation facilities) impacts have been fully considered and
mitigated;
(e) The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site design,
and protection of natural amenities.
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Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only if the residential uses are integrated into and support the on-site
recreational nature of the resort.
(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The first only existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.
(2) Pleasant Harbor MPR. Pleasant Harbor MPR is the second officially designated master
planned resort in the County. The Pleasant Harbor MPR is designated in accordance with RCW
36.70A.360 as a new master planned resort and is subject to the provisions of JCC Title 17. The
Pleasant Harbor MPR is characterized by resort and recreation facilities and amenities south of
Black Point Road and a marina/Maritime Village and associated housing north of Black Point
Road. The resort is predominately designed to serve resort and recreation uses and has only
limited full-time occupancy. The resort is served by the Brinnon Rural Center, which
accommodates LAMIRD-scale commercial uses serving the resort and local population. The
master planned resort's internal regulations and planning restrictions such as codes, covenants
and restrictions may be more restrictive than the requirements in JCC Title 17. However,
Jefferson County does not enforce private codes, covenants and restrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The only existing officially designated master planned resorts in the county are is the Port
Ludlow MPR and the Pleasant Harbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
pertaining to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a
formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080.
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18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural communities. The
purpose of this article is to establish a master planned resort land use district to be applied to
those properties the board of county commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
(1) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent of the total resort
accommodation units.
3) Indoor and outdoor recreational facilities and uses, including, but not limited to tennis
courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities,
sports complexes, and other recreational uses deemed to be consistent with the on-site
recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs of the users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, food stores, real estate/property management offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and
outdoor equipment rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
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(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part of the resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(f) A description of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and
RCW 36.70B.170, the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned
resort, which may include, but are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
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(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-11-164 and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.110.
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC
18.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of
JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § 1]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes location-specific standards to retain and enhance the
character of the resort.
(10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 § 1]
18.15.138 Port Ludlow Master Planned Resort.
The Port Ludlow Master Planned Resort Code (JCC Title 17), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
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