HomeMy WebLinkAbout052918_ra03Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Patty Charnas, Director, Dept. Community Development
DATE: May 21, 2018
SUBJECT: Continued Deliberation and Potential Adoption of Development Regulations
for the Pleasant Harbor Master Planned Resort
STATEMENT OF ISSUE:
The Board established a public comment period of February 7 through April 13, 2018, and
held a public hearing on April 9, 2018, on proposed development regulations and a proposed
development agreement for the Pleasant Harbor Master Planned Resort (MPR). This meeting
will continue the Board's deliberations on those items, with a focus on the proposed
development regulations.
Staff wishes to bring forward and discuss a proposed ordinance containing development
regulations. At the direction of the Board during its deliberations on May 21, 2018 upon
consideration of the public feedback and comments, staff is proposing minor revisions to the
ordinance's development regulations for the Board's further deliberation and potential
adoption.
ANAINSTS-
The Jefferson County Planning Commission forwarded their recommended development
regulations on the Pleasant Harbor MPR in 2016. Staff proposed revisions to the Planning
Commission's work in order to ensure consistency with Jefferson County code and state law.
A public comment period was established by the Board between February 7, 2018 and April
13, 2013 on the proposed development regulations, adopting ordinance and staff report and on
the proposed development agreement, adopting ordinance and staff report. This provided the
basis for the suggested revisions to the Pleasant Harbor MPR development regulations in the
draft ordinance attached to this agenda request. The draft ordinance reflects the Board's public
hearing process
Staff believes this is the appropriate next step to discuss with the Board in support of the
Board's on-going deliberations on the Pleasant Harbor development regulations and
development agreement.
Regular Agenda
FISCAL IMPACT:
There is no fiscal impact related to the presentation or action.
RECOMMENDATION:
Review the proposed revisions to the on the Pleasant Harbor development regulations and
adopting ordinance as part of the Board's continued deliberations. The Board could take action
at its meeting on May 29, 2018, to adopt the ordinance for the development regulations as
proposed or with further revisions, or could defer action and continue deliberations.
REVIEWED BY:
Philip ey Count ator
5172--,Y49-
Date
STATE OF WASHINGTON
County of Jefferson
An Ordinance Amending Jefferson County),
Code Title 17 adding a Chapter and ORDINANCE NO.
entitling it `Master Planned Resorts' and )
Amending Title 18 `Unified Development )
Code' regarding the Pleasant Harbor
Master Planned Resort
WHEREAS, RCW Chapter 36.70A. et seq., the Growth Management Act ("GMA") requires that
counties planning under the GMA to adopt development regulations that are consistent with and
implement their comprehensive plans; and
WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation
of the State of Washington ("the Board") constitutes the legislative body for Jefferson County
("the County"); and
WHEREAS, the County adopted a GMA-derived comprehensive plan on August 28, 1998 via
Resolution 72-98 and adopted GMA implementing regulations codified at Jefferson County
Code ("JCC") Title 18 on December 18, 2000; and
WHEREAS, JCC Title 18 provides guidance on the process and procedures for amending the
JCC; and
WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive
plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres
located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson
County. The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan
and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master
Planned Resort ("MPR") would be "a self-contained and fully integrated planned unit
development, in a setting of significant natural amenities with primary focus on destination resort
facilities consisting of short-term visitor accommodations;" and
WHEREAS, Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic
environmental impact statement was issued on November 27, 2007 as Final Environmental
Impact Statement for the Brinnon (also referred to as the Pleasant Harbor Marina and Golf
Resort) Master Planned Resort; and
WHEREAS, Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management
Hearings Board which determined that: "The environmental impacts of this project were studied
at an appropriate level of detail, with provision for further environmental review at the project
level stages of development;" and
WHEREAS, an appeal of the decision of the Growth Management Hearings Board ended in
2011, after it was first affirmed by the Thurston County Superior Court and, then the Court of
Appeals; and
WHEREAS, Ordinance 01-0128-08 included a finding that any future site planning, building and
development of the Pleasant Harbor MPR will be consistent with "all GMA-derived
development regulations relating to GMA critical areas and all on-site and off-site infrastructure
and service impacts ... will be mitigated as the MPR is implemented first through a development
agreement, internal zoning map and internal zoning code, then through plat and permit review
and possible issuance of permits and, with all the prior items accomplished, finally with the
issuance of building permits;" and
WHEREAS, all of the findings, conclusions and the conditions listed in paragraph 63 of
Ordinance 01-0128-08 are incorporated herein; and
WHEREAS, the purpose of this Ordinance is to specifically adopt the development regulations
for the Pleasant Harbor MPR and incorporate the record supporting code text amendments and
all other related Pleasant Harbor MPR reports, findings, conclusions, items of record, internal
zoning map and mitigation measures, as analyzed in the Final Supplemental Environmental
Impact Statement ("FSEIS") published on December 9, 2015; and
WHEREAS, the Jefferson County Planning Commission ("Planning Commission"), following
timely and effective public notice, held a public hearing on January 6, 2016 to take public
testimony and allowed the hearing record to remain open until February 3, 2016 to receive
written comments on the proposed Pleasant Harbor MPR development regulations published in
the FSEIS; and
WHEREAS, approximately 114 individual written comments were received by the Planning
Commission on the environmental impact analyses, development regulations, and draft
development agreement, as analyzed in the FSEIS; and
WHEREAS, beginning in February 2016 and continuing until June 2016, following timely and
effective public notice, the Planning Commission held seven deliberation meetings on the
proposed development regulations as published in the FSEIS; and
WHEREAS, On June 15, 2016, following timely and effective public notice and in accordance
with JCC 18.45.090, the Planning Commission forwarded to the Board recommended
development regulations amending JCC Title 17 and Title 18, along with associated findings and
conclusions regarding the Pleasant Harbor MPR zoning code; and
WHEREAS, on numerous dates during 2017, Jefferson County representatives conducted
government -to -government consultations with representatives of the Point No Point Treaty
Council, the Port Gamble S'Klallam Tribe, and the Skokomish Tribe concerning the proposed
development regulations amending JCC Title 17 and Title 18; and
WHEREAS, on August 14, 2017 and January 18, 2018, the Board and the Planning Commission
held a joint meeting that included a review and discussion of staff proposed revisions to Planning
Commission recommended development regulations for Pleasant Harbor MPR; and
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WHEREAS, on February 5, 2018, the Board approved a hearing notice published on February 7,
14 and 28, 2018, setting a public hearing on April 9, 2018 on the staff proposed revisions to
Planning Commission recommended development regulations for Pleasant Harbor MPR and
establishing a public comment period beginning February 7, 2018 accepting written public
comments up and through the end of the public hearing; and
WHEREAS, on April 9, 2018, following timely and effective public notice and in accordance
with JCC 18.45.090, the Board held a public hearing on staff -proposed revisions to the Planning
Commission recommended development regulations during which seventy-five (75) verbal
comments were received and after which the Board made a motion to extend the public comment
period to accept written public comments t until 4:30 pm on April 13, 2018; and
WHEREAS, the Board received public testimony and began deliberations on the hearing record,
including 282 pieces of written testimony and verbal testimony from 75 members of the public;
and
WHEREAS, on May 21, 2018, following timely and effective public notice, a staff report was
presented to the Board to assist the Board's deliberations that included a matrix that documented
of the 282 written comments and 75 verbal comments received during the Board public comment
period and based on the record, the Board gave staff direction to incorporate further refinements
to the staff proposed revisions to the Planning Commissions recommended development
regulations for the Pleasant Harbor MPR to improve clarity for the Board's continued
deliberations; and
WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR
contained in Ordinance 01-0128-08 and in recognition of the Board's desire to establish and
maintain good working relationships with area tribes and in recognition of Washington
Governor's Office of Indian Affairs guidelines on government -to -government consultations
between federally recognized Indian tribes and the State of Washington in order to respect the
sovereign status of the parties, enhance and improve communications, and facilitate the
resolution of issues, the County consulted with affected tribes seeking to substantially address
and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor
MPR; and
WHEREAS, government -to -government consultations related to the environmental review,
planning, development standards and development agreement of the Pleasant Harbor MPR and
tribal issues regarding usual and accustomed hunting and fishing rights and regarding tribal
cultural resources go back at least as far as 1996, concerning the Brinnon Subarea Plan and have
continued through to the present, the documentation of which is hereby incorporated into the
record; and
WHEREAS, the Board finds that opportunities provided for government -to -government
consultations and for citizen participation used in the preparation of these proposed amendments
to Title 17 and 18 JCC are consistent with the requirements of the Governor's Office of Indian
Affairs guidelines, GMA, the State Environmental Policy Act and Ordinance 01-0128-08; and
WHEREAS, the Board has considered and makes the findings that the proposed amendments to
Titles 17 and 18 JCC are consistent with and support other comprehensive plan elements,
Ordinance 01-0128-08 and/or development regulations, and will correct certain deficiencies and
insert desirable changes to development regulations; and
WHEREAS, the Board finds that it is in the best interest of the public health, welfare, and safety
to enact the proposed amendments to Titles 17 and 18 JCC.
NOW, THEREFORE, be it ordained:
Section 1. Adoption of the Record and Supporting Code Text Amendments. The preceding
"Whereas" statements are hereby adopted as findings, and the record supporting code text
amendments and all other related Pleasant Harbor MPR reports, findings, conclusions, items of
record, internal zoning map and mitigation measures, as analyzed in the Final Supplemental
Environmental Impact Statement ("FSEIS") published on December 9, 2015, are hereby
incorporated, and the Pleasant Harbor MPR internal zoning code is hereby adopted as follows.
Section 2. Amendment to Jefferson County Code. JCC Title 17 "Port Ludlow Master Planned
Resort" is changed to "Master Planned Resorts" and a new Article titled "Pleasant Harbor Master
Planned Resort" is added as set forth in Attachment 1 and incorporated herein and by this
reference is hereby adopted.
Section 3. Amendment to Jefferson County Code. JCC Title 18 "Unified Development Code" is
amended as set forth in Attachment 2 and incorporated herein and by this reference is hereby
adopted.
Section 4. Effective Date. This ordinance is effective immediately upon adoption.
Section 5. Explicit Action. Should any amendment to JCC Title 17 and Title 18 that was passed
by the Board during its deliberations be inadvertently left out upon publication, the explicit
action of the Board as discussed and passed shall prevail upon subsequent review and
verification by the Board.
Section 6. Severability. If any provision of this ordinance or its application to any person, entity,
or circumstance is for any reason held invalid, the remainder of the ordinance, or the application
of the provision to other persons, entities, or circumstance, is not affected.
0
APPROVED and ADOPTED this day of 52018.
SEAL:
ATTEST:
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
Kathleen Kler, Member
Carolyn Gallaway Kate Dean, Member
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Attachment 1
PLEASANT HARBOR MASTER PLANNED RESORT
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 Article 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 usingthe he 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 are consistent with the Jefferson County Comprehensive Plan for future development within
the boundaries of the Pleasant Harbor Master Planned Resort ("MPR"). The Pleasant Harbor
MPR provides a mixture of visitor -oriented transient accommodations secondary homes
recreational facilities, and supporting commercial facilities
17.60.040 Master Plan.
For the purposes of this Article, the Master Plan for future development of the Pleasant Harbor
MPR consists of the regulations set forth in this Article along with the conditions and
requirements of Ordinance 01-0128-08 and the conditions and requirements published in the
November 27, 2007 Final Environmental Impact Statement for the Brinnon (also referred to as
the Pleasant Harbor Marina and Golf Resort) Master Planned Resort and December 2015
Pleasant Harbor Final Supplemental Impact Statement including maps, mitigation measures
phasing plan and any 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 MPR as
depicted on the official land use map for Jefferson County Washington.
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17.60.060 Requirements.
updated 0512412018
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 Any regulated
land use or development activity within the Pleasant Harbor MPR must comply with the
applicable development standards and requirements of -
(1) Conditions and requirements of Ordinance 01-0128-08
(2) The mitigation measures required in the November 27 2007 Final Environmental Impact
Statement for the Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort)
Master Planned Resort (2007 FEIS) the Pleasant Harbor Marina and Golf ResortFinal
Supplemental Enviromnent Impact Statement December 9 2015 (2015 FSEIS)' and
(3) The terms and conditions of any Development Agreement entered into between Jefferson
County and the Developer.
Where conflicts occur between the provisions of this title and other applicable code provisions or
other regulations, the more restrictive shall apply.
17.60.070 Resort Can and Residential Use Restrictions.
Pursuant to Ordinance 01-0128-8-08, the Pleasant Harbor MPR in total shall have a development
cap of up to 890 residential units provided however, short term visitor accommodation units shall
constitute not less than 65 percent of the total units including but not limited to hotels motels
lodges, and any residential uses allowed under each zone. Short-term visitor accommodation units
and short term rental units shall be construed to mean occupancies equal to or less than 30 days
The Pleasant Harbor MPR in total shall have a development cap of 56,608 square feet of resort
commercial, retail, restaurant, and conference space.
17.60.080 Nonconforming Uses and Structures.
Section 18.20.260 of the Jefferson County Code as currently enacted or as hereafter amended
applies to all existing nonconforming uses or structures in all zones of the MPR
17.60.090 Reserved.
17.60.100 Exemptions.
The exemptions contained in Chapter 15.05 of the Jefferson County Code as currently enacted
or as hereafter amended, apply in all zones of the MPR.
17.60.110 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 appl to o any alleged violation of
Title 17, Article II, more commonly known as the "Pleasant Harbor MPR Code "
Chapter 17.65, Golf Resort (MPR -GR Zone)
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17.65.010 Purpose.
The MPR -GR zone allows residential and recreational facilities as well as commercial amenities
and services associated with the resort and surrounding community.
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) 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
serve the convenience needs of users and employees of master planned resort,• and
(d) Recreation business and facilities;
(3) Cultural and informational 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;
(4) 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-,
(5) New public facilities and services as defined in JCC 18.10.160, but only as a conditional
use if not part of a platting development review process or one-time expansion; and
(6) Other similar uses consistent with the Durpose 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 director of
the Department of Community Development and the local Fire District Underground or
imbedded parking shall not be included in any height calculations
17.65.040 Setback requirements.
(1) All structures shall be set back at least 20 feet from the Pleasant Harbor MPR boundpa
lines and adjacent MPR zones. Minimum building setback from State Route 101 right-of-
way
i hg t -of -
way is 35 feet. Minimum setback from Black Point right-of-way is 20 feet
(2) All buildings not attached or having common walls shall be separated by a minimum
distance of 10 feet, as measured from foundation to foundation
17.65.050 Critical Areas.
All provisions of existing Jefferson County Code regarding critical areas and their buffers apply,
except that wetland buffers once determined are to be placed in a permanent conservation
easement.
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Chanter 17.70, Open Space Reserve (MPR-OSR)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide for a non -clearing permanently forested native
vegetation buffer between the resort development and the waters of Hood Canal The MPR OSR
zone shall extend landward as measured 200 feet horizontally from the ordinaryhigh water mark
of Hood Canal as measured in accordance with local and state code. Buffers and setbacks as
required under this title or under Title 18 Jefferson County Code apply to the MPR-OSR zone
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 Pleasant Harbor MPR and surrounding communityand provides
s_pport to the marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR -MV:
(1) Marina 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;
(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;
(7) New public facilities and services as defined in JCC 18.10.160, but only as a conditional
use if not part of a platting development review process or one-time expansion; and
(8) 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 Prohibited Uses.
Float planes and float plane docks are prohibited Aerial access is limited to helicopters for
emergency medical purposes only.
17.75.040 Height restrictions.
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updated 05124/2018
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 except that one structure may exceed 35
feet, but may not exceed 45 feet. Underground or imbedded parking shall not be included in any
height calculations.
17.75.050 Setback requirements.
(1) Minimum building setback from Highway 101 right-of-way shall be 35 feet Minimum
building setback from Black Point Road right-of-way shall be 20 feet
(2) All new structures located within shoreline jurisdiction shall comply with the setback
requirements of Jefferson 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 "Master Plan" defined by 17.60.040 for facilities to be located in the
Pleasant Harbor MPR, 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 Required Mitigation Measures During Operations.
The mitigation measures required in the Brinnon (also referred to as the Pleasant Harbor Marina
and Golf Resort), Final Environment Impact Statement (November 27 2007) (2007 FEIS) the
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement
December 9, 2015 (2015 FSEIS), and the terms and conditions of the Ordinance 01-0128-08 and
the mitigation measures contained in the Development Agreement entered into between Jefferson
County and the Developer are required for the PH -MPR. Listed for reference are those mitigation
measures, which include but are not limited to:
(1) Shoreline Mitigation: The southern shoreline abutting Hood Canal will be put into a
permanent conservation easement from the ordinaryhigh water mark to 200 feet landward
Property ownership and responsibility for the permanent conservation easement shall be
set forth in any development agreement.
(2) Water Quality Mitigation:
(a) The Pleasant Harbor MPR shall be required to perform water quality monitoring
and to supply that data from the state water quality sampling station and other
stations in Pleasant Harbor and submit a summary water quality report to Jefferson
County.
(b) The Pleasant Harbor MPR shall comply with a County -based comprehensive water
quality monitoring_ plan requiring at least monthly water collection and testing
developed and approved in concert with an adaptive management program
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utilizing best available science and appropriate state agencies The monitoring plan
shall be funded by a yearly reserve paid for by the Pleasant Harbor MPR that will
include regular off-site sampling of pollution discharge and/or contaminant
loading, in addition to any on-site monitoring regime.
(c) In the event that water quality shows any sign of deterioration Jefferson County
shall consult with the resort, the local residents and the State (both Washington
State Department of Health and Washington Department of Fish and Wildlife)
concerning the source of the change.
(d) All the Pleasant Harbor MPR permits shall require implementation of appro rp iate
mitigation measures to alleviate any water quality issues caused by the Pleasant
Harbor MPR.
(3) Marina Mitigation:
(a) All stormwater from impervious surfaces shall be captured and treated to the most current
edition of the Stormwater Manual of Western Washington before discharge
(b) There shall be no discharge of sewage or contaminated bilge waters at the marina
(c) Pump out facilities shall be provided and operational at all times
(d) Cleaning of fish or sea life shall be prohibited within the controlled access areas of the
marina.
(e) The Project permits shall incorporate shellfish protection district guidelines
(f) The marina shall have the right to inspect any vessel at an, time.
ime
(g) The marina shall develop and manage an active boater education Program appro riate to
the marina setting to supplement Jefferson County program developed as part of the
shellfish protection district.
(h) New or significant expansions to existing fuel storage or transfer shall be prohibited on
marina floats, docks, piers, and storage lockers
(i) No storage of oily rags, open paints, or other flammable or environmentally hazardous
materials except emergency equipment as approved in the Emergency Service MOU shall
be permitted on the docks.
(j) Painting, scraping, and refinishing of boats shall be limited to minor repairs when in the
water, which do not result in any discharge to the waters of the harbor.
(k) Any minor repairs must employ a containment barrier that prevents debris from entering
the marine waters.
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updated 0512412018
(1) Notification and information (before harvesting shellfish) will be available at the
proposed.
(m)The marina operations shall incorporate mitigation requirements appropriate under
Jefferson County Shellfish Protection Planand shall integrate a boater education
program into a marina public education planwhich shall be implemented and maintained
for so long as the resort is in operation as part of a resort habitat management plan
(n) The marina operations shall collect water quality data (from State sources so long as
available or from approved testing plan should the state sources move or not accurately
reflect Pleasant Harbor conditions) and shall be required to participate with Jefferson
County in an adaptive management program to eliminate minimize and fully mitigate
any changes arising from the resort and related Pleasant Harbor or Maritime Village
(o) The marina operations shall conduct ongoing monitoring and maintain an inventory
regarding Tunicates and other invasive species and shall be required to participate with
Jefferson County and state agencies in an adaptive management program to eliminate
minimize, and full mitigate any changes arising from the resortand related to Pleasant
Harbor or the Maritime Village.
(4) Golf Course Mitigation
(a) The Pleasant Harbor MPR shall ensure that golf course operations comply with the best
practice standards of the King County golf course management guidelines or their
substantial equivalent, including but not limited to American Golf Association standards
(b) The golf course and resort facilities will be required to participate in any ada tp ive
management programs required by Jefferson County, as a result of the water quality
monitoring program required by JCC 17.080.020(2) and any changes caused by the resort
operations.
(c) Stormwater discharge from the golf course shall meet requirements of zero discharge into
Hood Canal. To the extent necessary to achieve the goal of designing and installing
stormwater management infrastructures and techniques that allow no stormwater run-off
into Hood Canal,
(d) The Pleasant Harbor MPR shall implement as a best management practice for the operation
and maintenance of the golf course a requirement to maintain a log of fertilizers pesticides
and herbicides used on the Pleasant Harbor MPR site and this information shall be made
available to the public.
(5) Greenhouse Gas Mitigation: The Pleasant Harbor MPR shall collaborate at least annually
with the Climate Action Committee (CAC) or its successor to calculate greenhouse gas
emissions (GHGs) associated with the Pleasant Harbor MPR and identify techniques to
mitigate such emissions through sequestration and/or other acceptable methods
(6) Blending of Buildings, Light Mitigation Greenbelts and Buffer Management:
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(a) In keeping with an approved landscaping and grading planand in order to satisfy the intent
of JCC 18.15.135(6) and with special emphasis at the Maritime Village the buildings
should be constructed and placed in such a wady will blend into the terrain and
landscape with park -like green belts between buildings
(b) Construction of buildings within the Pleasant Harbor MPR boundaries shall strive to
preserve trees that have a diameter of 10 inches or greater at breast height (dbh) An
arborist will be consulted and the ground staked and flagged to ensure the roots and
surrounding soils of significant trees are protected during construction To the extent
possible, trees of significant size (i.e. 10 inches or more in diameter at breast height (dbh)
that are removed during construction shall be made available with their root wads intact
for possible use in salmon recovery projects.
(c) All development within the Pleasant Harbor MPR shall use the International Dark Sky
Association (IDA) Zone E-1 standards within the boundaries of the Pleasant Harbor MPR
(d) The Pleasant Harbor MPR at its expense shall manage all conservation easements to
include removing, when appropriate, naturally fallen trees and replanting to retain a natural
visual separation of the development from U.S. Hwy 101
17.80.030 SEPA Compliance Required.
(1) Substantial Compliance with Environmental Impact Statements and Supplemental
Environmental Impact Statements Required.
(a) Potential environmental impacts from future development of the Pleasant Harbor MPR
have been assessed and addressed in prior environmental documents The prior reviews
were published in the following documents:
Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort
(September 5, 2007) (DFEIS)'
ii. Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort) Marina
and Golf Resort, Final Environment Impact Statement (November 27 2007)
FEIS
iii. Draft Supplemental Environmental Impact Statement for Pleasant Harbor Marina
and Golf Resort November 19 2014 (DSEIS);
iv. Pleasant Harbor Marina and Golf ResortFinal Supplemental Environment Impact
Statement December 9, 2015 (FSEIS).
(b) The FEIS, DSEIS and FSEIS are referred to collectively as the "Prior EISs " Development
shall substantially comply with the express mitigation measures imposed pursuant to the
Prior EISs.
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(c) The Prior EISs shall constitute compliance to the fullest extent possible under SEPA as
well as Condition 63(b) of Ordinance 01-0128-08 for all subsequent approvals or permits
to develop the Pleasant Harbor MPR including but not limited to plats short plats binding
site plans, boundary line adjustments development permitsgrading permits and building
permits. No additional substantive SEPA mitigation measures are required for qPprovals
or permits that authorize development that is consistent with level and range of
development analyzed in the Prior EISs
(d) Additional environmental analysis may be required for a new or modified proposal that
materially exceeds the level and range of development reviewed in the Prior EISs For any
such new or modified proposal relevant information from Prior EISs shall be used to the
fullest extent possible in future SEPA review. The scope of environmental review shall be
limited to considering how or whether the proposal differs from or exceeds the scope of
the Prior EISs and if so, whether such modification results in potentially significant adverse
environmental impacts that have not been ade uately addressed in the Prior EISs
17.80.040 Revisions to Resort Plan.
(1) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zone
changes within the Pleasant Harbor 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 Jefferson CogLty may approve an amendment to the
Comprehensive Plan only if all requirements of the Growth Management Act (Chapter 36.70A
RCW) are fulfilled.
(2) Jefferson County shall accept building_ permits onlyfor or projects included in and
consistent with the Master Plan. A revision to the existing Master Plan shall be submitted to
Jefferson County for approval prior to the acceptance of any proposal that is inconsistent with
the Master Plans set forth in this title Upon approval of a revision all subsequent development
proposals shall be consistent with the revised Master 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.
17.80.050 Minor revisions.
(1) Minor Revisions. The Master Plan may require minor changes to facilities and services in
response to changing conditions or market demand Minor revisions are those that do not result in
a substantial change to the intent or purpose of the Master Plan and do not have a significantly
great impact on the environment than that addressed in previous environmental documents The
following nonexclusive list of changes are examples of a minor revision for purposes of this
section:
(a) An increase in the overall gross commercial square footage of the Master Plan that
does not cumulatively exceed five (5) percent,,
(d) Addition of uses that do not modify the recreational nature and intent of the resort
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(e) Minor shifting of the location or orientation of buildings;
(f) Minor shifting of the location or orientation of parking areas;
(g,) Minor changes to landscaping;
(h) Minor shifting of the location design or orientation of public facilities; and
(i) Timing of approved development
A change to the Master Plan not specifically identified above may still qualify as a minor
revision under this section despite its failure to satisfy one or more of the conditions (a) through
(h) of this section if not specifically mentioned above if the change does not otherwise qualifas
a major revision.
(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 the existing Master Planthe 2007 FEIS the 2015
FSEIS subsequent environmental impact statements the Comprehensive PlanOrdinance 01-
0128-08, and other pertinent documents Those proposals that satisfy the above -referenced
criteria shall be deemed a minor plan revision and may be administratively pproved (as a Type
11 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.
17.80.060 Maior 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 substantial impacts on the environment beyond those reviewed in
previous environmental documents are major revisions and will require application for a revised
Master Plan.
(1) Application for a Major Revision to the Master Plan An application shall be prepared
describing the proposed revision in relation to the approved Master Plan and providing a
framework for review, analysis and mitigation of the revised development activity proposed The
Master Plan revision proposal shall include the following information:
(a) A description of how the revised Master Plan would further the goals and policies
set forth in the Comprehensive Plan;
(b) A description of how the Master Plan revision complements the existingresort
esort
facilities of the Pleasant Harbor MPR;
(c) A description of the design and functional features of the Master Plan revision
setting out how the revision provides for unified development integrated site design and
protection of natural amenities;
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(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 Master Plan and
their effects on surrounding properties and/or public facilities,•
(f) A description of how the proposed Master Plan revision is integrated with the
overall Pleasant Harbor MPR and any features such as connections to trailsystems,
natural systems or greenbelts, that have been established to retain and enhance the
character of the resort and the overall Pleasant Harbor 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; and
(i) A description of how the proposed major revision may affect the Memorandums
of Understanding (MOD's) as identified in the Development Regulations or
Ordinance 01-0128-08.
2) Maior Revision Process. Maior 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 ap ep al 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 Master Plan amendment
(3) Decision Criteria. The hearing examiner may approve a major revision to the Master
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,
(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; and
(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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Ifffimsmamomm
Chapter 17.85, Limitation of Permit Approval, Extinguishment and Severability
17.85.010 Limitation of permit approval.
(1) An MPR approved with a phasing plan shall be null and void if the applicant fails to meet the
conditions in the ap rp oved phasing plan•
(a) A new development plan shall be required for any development on the subject
property.
(b) Specific development activities shall be subject to the standards of the ap rp oved
MPR and the regulations in effect at the time of development permit application
(2) This section is not an exclusive basis for enforcement. All other bases for enforcement apply.
17.85.020 Severability.
If any section, subsection, clause or phrase of this title or amendment thereto or its application to
any person or circumstance, is held by a court of competent jurisdiction to be invalid the
remainder or application to other persons or circumstances shall not be affected
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r-€ ,.. ft
Attachment ?.
Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
updated 0512412018
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 =opAy existing
officially designated master planned resort in the eountyJefferson 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 Jefferson 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 eetti4yLefferson
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
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r,;
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.
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.
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18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(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
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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;
(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 -eo yJefferson
County. The Comprehensive Plan amendment or subarea plan may be processed by the
ea AyJefferson 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 eeunt-yJefferson County,
a master planned resort project may be designated by the ee yJefferson 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.I 10.
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
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updated 0512412018
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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 -ee Jefferson 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 Ludle 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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Pleasant Harbor
Final SEIS
BRINNON MPR -
ZONING MAP
BLACK
POINT
RD.
� ROvNT
uS ioI
\ g�PGK
HIGHWAY
MARINA VILLAGE=(MPR-MV)
GOLF RESORT (MPR -GR)
11000 _
OPEN SPACE RESERVE (MPR-OSR)
Source: Craig A. Peck& Associates, 2013 Figure 3.18-1
EA Engineering,
Science, and Zoning Map
Technology, Inc.
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