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HomeMy WebLinkAbout060418_ra02a Regular 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: June 4, 2018 SUBJECT: Continued Deliberation and Potential Adoption of Development Regulations for the Pleasant Harbor Master Planned Resort STATEMENT OF ISSUE: This meeting will continue the Board's deliberations on proposed development regulations for the Pleasant Harbor Master Planned Resort(MPR). At the Board's May 29, 2018 meeting, staff described some minor changes proposed to the development regulations based on public comments received and on additional staff analysis. Staff received feedback, answered questions and were given proposed revisions from the Board. That work is now provided in the updated version attached. This is provided in support of the Board's further deliberation and potential adoption of the development regulations. ANALYSIS: After timely and proper notice, a public comment period was established by the Board between February 7, 2018 and April 13, 2013 and a public hearing held April 9, 2018 on the proposed development regulations, adopting ordinance and staff report for the Pleasant Harbor MPR. The proposed development agreement, adopting ordinance and staff report were also considered during the same public comment period and at the same public hearing. The development agreement is being considered separately from the development regulations. The public process provided the basis for initial suggested revisions to the Pleasant Harbor MPR development regulations that the Board deliberated on at their Tuesday, May 29, 2018 meeting. At that meeting, the Board provided feedback and supplied proposed revisions to the development regulations. Staff was requested to work on, make those changes, and return to the Board for continued deliberations and potential action. FISCAL IMPACT: Regular Agenda There is no fiscal impact related to the presentation or action. RECOMMENDATION: Review the proposed revisions made based on Board feedback from their May 29, 2018 deliberations. The Board could take action at its meeting on June 4, 2018, to adopt the ordinance for the development regulations as proposed or with further revisions, or could defer action and continue deliberations. REVIEWED BY: 0111/1" 6% 45? Philip MorlWounty Administrator 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 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," an Article heading titled "Article I Port Ludlow Master Planned Resort"is inserted before Chapter 17.05 "General Provisions" to encompass Chapters 17.05-17.50; the Code Reviser is instructed to find within Article I Chapters 17.05- 17.50 all references to "this title" and replace that term with "this article," and all references to "MPR code" and replace that term with"Port Ludlow MPR code;"and a new Article titled "Article II Pleasant Harbor Master Planned Resort" is added to Title 17 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" Sections 18.15.025 "Master planned resort," 18.15.115 "Designation," 18.15.120 "Purpose and intent," 18.15.123 "Allowable uses," 18.15.126 "Requirements for master planned resorts," 18.15.129 "Application requirements and approval process," 18.15.132 "Decision-making authority," 18.15.135 "Criteria for approval," and 18.15.138 "Port Ludlow Master Planned Resort" are amended as set forth in Attachment 2 and incorporated herein and by this reference are 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. APPROVED and ADOPTED this day of , 2018. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair ATTEST: Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: a2 e: /41(01--- Philip C. Hunsucker ate Chief Civil Deputy Prosecuting Attorney Attachment 1. ' . _ . . . . ,, . _ . 1 _ . . .. ! ' ... Title 17 MASTER PLANNED RESORTS Chapters 17.05 17.50 No change. Title 17,Article II_,Pleasant Harbor Master Planned Resort(17.60 17.80) Chapters 17.60-17.80 Chapter 17.60,_General Provisions 17.60.010 Authority. This titleArticle 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 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 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 01-0128-08k and-the conditions and requirements published in two environmental impact statements, 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 the December 2015 Pleasant Harbor Final Supplemental Impact Statement, including maps, mitigation measures,phasing plani and any Development Agreement between Jefferson County and the Developer. -1- 17.60.050 Applicability. The provisions of this titleArticle shall apply to all regulated land use actionaor development activity 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. 17.60.060 Requirements. In addition to the requirements of this titleArticle,the provisions of Title 15 and Title 18 of the Jefferson County Code ted or as hereafter amended or as may be vestedshall apply to development in the Pleasant Harbor MPR. Any regulated land use or development activity within the Pleasant Harbor MPR must also 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),and the Pleasant Harbor Marina and Golf Resort,Final Supplemental Environment 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 titleArticle and other applicable code provisions, applicable mitigation measures, or applicable provisions of a Development Agreement between Jefferson County and the Developer, the more restrictive shall apply. 17.60.070 Resort Cap 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 visitor accommodation units and short-term rental 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 shrshort-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. -2- 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 apply to any alleged violation of Title 17, Article II, more commonly known as the"Pleasant Harbor MPR Code." Chapter 17.653_Golf Resort(MPR-GR Zone) 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. The following uses are permitted in the MPR-GR zone: (1) Residential uses including single-family and multifamily structures, condominiums, townhouses, apartments, lofts,villas,time-share and other fractionally owned accommodations, short-term visitor accommodation units and short-term rental units with occupancies equal to or less than 30 days. (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 to 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; -3- (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 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 director of the Department of Community Development and the local Fire District. Underground or i bedembedded 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 boundary lines and adjacent MPR zones. Minimum building setback from State Route 101 right-of- way is 35 feet. Minimum setback from Black Point Road 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 thatand wetland buffers once determined are to be placed in a permanent conservation easement. Chapter 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 ordinary high water mark of Hood Canal as measured in accordance with local and state code. Buffers and setbacks as required under this titleArticle 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 community, and provides support to the marina operations. -4- 17.75.020 Permitted uses. The following uses are permitted in the MPR-MV zone: (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, short-term visitor accommodation units and short-term rental units occupancies equal to or less than 30 days; (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; ( ) Accessory uses and structures, such as garages, carports, storage buildings and similar structures supporting marina and maritime village uses, fuel service and parking; ( ) 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; -(76) 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, -(87) 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. 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 with approval of the director of the Department of Comm unity Development and the local Fire Districtene-stmcture-may ---• -- , •• • - - - -. - . Underground or imbedembedded 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. -5- (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 chapter describes development and operations mitigation measures for facilities located in the Pleasant Harbor MPR, consistent with the"Master Plan"defined by 17.60.040 for facilities to be located in the Pleasant Harbor MPR, describes how SEPA is used, and provides processes for reviewing major or minor revisions to the ResertMaste Plan. These provisions apply to all re@ort and aG ociated development and operations within the Pleasant Harbor MPR. 17.80.020 Required Mitigation Measures During Development and 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 PHPleasant Harbor-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 ordinary high 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 approved comprehensive water quality monitoring plan requiring at least monthly water collection and testing developed and approved in concert with an adaptive management program, 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 owners and operators of the resort, the local residents, and -6- the State (both Washington State Department of Health and Washington Department of Fish and Wildlife) concerning the source of the change. (d) All Pertinent permits for the Pleasant Harbor MPR permit) shall require implementation of appropriate mitigation measures to alleviate any water quality issues caused by the Pleasant Harbor MPR. (3) Marina Mitigation: (a) As a condition for permitting, aAll stormwater from impervious surfaces shall be captured and treated to the most current edition of the Stormwater Management Manual of for 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. (I) The marina shall have the right to inspect any vessel at any time. (g) The marina shall develop and manage an active boater education program appropriate to the marina setting to supplement any 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. On-)(1) ' . • Shellfish harp esting notices and information will be available at the propesedresort at specific locations, such as the marina, Maritime Village and at the Conference Center. -7- (n)(m) The marina operations shall incorporate mitigation requirements appropriate uriderconsistent with Jefferson County's Shellfish Protection Plan, and shall integrate a boater education program into a marina public education plan,which shall be implemented and maintained for so long as the resort is in operation,as part of a resort habitat management plan. (e-)(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(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 fully mitigate any changes arising from the resort,and 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 guideline:rBest Management Practices for Golf Course Development and Operation(19931,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 adaptive 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, shall be used. (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 reduce or mitigate such emissions through sequestration and/or other acceptable methods, and this information shall be made available to the public. -8- (6) Blending of Buildings, Light Mitigation, Greenbelts and Buffer Management: (a) In keeping with an approved landscaping and grading plan, and 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 way they 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,incur all costs for stewardship of thesall manage-all conservation easements te-includinge but not limited to 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) Compliance with JCC Title 18, inclusive of all SEPA implementation policies and procedures is required (2) Use of Prior Environmental Impact Statements . . _ . .. -..-- . - . . - • . .. (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: i. Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort(September 5, 2007) (DEEIS); 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 Resort Final Supplemental Environment Impact Statement December 9, 2015 (FSEIS). -9- (b) The DEIS,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. (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 permits,grading permits and building permits for development and impacts that are consistent with the level and range analyzed in the Prior EISs. Upon compliance with the mitigation measures required by the Prior EISs, and compliance with applicable regulations and compliance with any Development Agreement between Jefferson County and the Developer, nolo additional substantive SEPA mitigation measures are required for approvals or permits that authorize development,. provided the development and its impacts are- -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 and impacts 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 adequately addressed in the Prior EISs. 17.80.040 Revisions to Resort Master 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 17.80.979-050 and 17.80.989060. Jefferson County may approve an amendment to the Comprehensive Plan only if all applicable requirements of the Growth Management Act(Chapter 36.70A RCW) are fulfilled. (2) Jefferson County shall accept building permits only for 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 titleArticle. 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 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 17.80-969.050 and 17.80.07017.80.060. -10- 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; (lam) Addition of uses that do not modify the recreational nature and intent of the resort. @e) Minor shifting of the location or orientation of buildings; (44) Minor shifting of the location or orientation of parking areas; ( g) Minor changes to landscaping; Cfh) Minor shifting of the location,design or orientation of public facilities; and (gi) 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(gh) of this section if not specifically mentioned above if the change does not otherwise qualify as 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 Plan,the 2007 FEIS,the 2015 FSEIS.,subsequent environmental impact statements,the Comprehensive Plan, Ordinance 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 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 17.80.980060. 17.80.060 Major revisions. Revisions to the Resort M 1-i,srPlan 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 -11- 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 existing resort 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; (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 trail systems,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 (j) A description of how the proposed major revision may affect the Memorandums of Understanding (MOU's) as identified in the Development Regulations or Ordinance 01-0128-08. -12- (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 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. 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 approved 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 approved 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. -13- If any section, subsection, clause or phrase of this titleArticle 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. -14- Attachment 2. 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 en1y existing officially designated master planned resort in the-se Jefferson 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 en4y-existifig officially designated master planned resorts in fine-se Jefferson County are is the Port Ludlow MPR and the Pleasant Harbor MPR,provisions for which are -15- 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.3 60 requires compliance with the provisions of this article and a formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the fmdings 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; -16- (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: (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 -17- 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; (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). -18- (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-seyJefferson County. The Comprehensive Plan amendment or subarea plan may be processed by Jefferson 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-setitityJefferson County, a master planned resort project may be designated by the-seuntyJefferson 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. -19- 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 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 Pert-Ludlow Master Planned Resort. -20- Title 17 Master Planned Resorts of the Jefferson County Code(JCC Title 17), as may be amended .e , is hereby adopted by reference and made a part of this UDC. -21- Pleasant Harbor Final SEIS Ig BRINNON MPR - ZONING MAP MARINA VILLAGE=(MPR-MV) GOLF RESORT (MPR-GR) HOO(` OPEN SPACE RESERVE (MPR-OSR) Source: Craig A.Peck&Associates,2013 Figure 3.18-1 EA Engineering, Science,and Zoning Map Technology,Inc 01/09/2018 I Page 1 of 1 Attachment 1. Title 17 MASTER PLANNED RESORTS Article II Pleasant Harbor Master Planned Resort Chapters 17.60-17.80 Chapter 17.60 General Provisions 17.60.010 Authority. This Article 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 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 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; the conditions and requirements published in two environmental impact statements, 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 the 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 Article shall apply to all regulated land use or development activity 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. -1- 17.60.060 Requirements. In addition to the requirements of this Article, the provisions of Title 15 and Title 18 of the Jefferson County Code, as currently enacted or as hereafter amended or as may be vested, shall apply to development in the Pleasant Harbor MPR. Any regulated land use or development activity within the Pleasant Harbor MPR must also 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),and the Pleasant Harbor Marina and Golf Resort,Final Supplemental Environment 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 Article and other applicable code provisions, applicable mitigation measures, or applicable provisions of a Development Agreement between Jefferson County and the Developer, the more restrictive shall apply. 17.60.070 Resort Cap 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 and short-term rental 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. -2- 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 Golf Resort(MPR-GR Zone) 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. The following uses are permitted in the MPR-GR zone: (1) Residential uses including single-family and multifamily structures, condominiums, townhouses, apartments, lofts, villas, time-share and other fractionally owned accommodations, short-term visitor accommodation units and short-term rental units with occupancies equal to or less than 30 days; (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 to 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 purpose of this zone and MPR as determined by the Department of Community Development. -3- 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 embedded 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 boundary lines and adjacent MPR zones. Minimum building setback from State Route 101 right-of- way is 35 feet. Minimum setback from Black Point Road 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, and wetland buffers once determined are to be placed in a permanent conservation easement. Chapter 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 ordinary high water mark of Hood Canal as measured in accordance with local and state code. Buffers and setbacks as required under this Article 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 community, and provides support to the marina operations. 17.75.020 Permitted uses. The following uses are permitted in the MPR-MV zone: (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, short-term visitor -4- accommodation units and short-term rental units occupancies equal to or less than 30 days; (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) Accessory uses and structures, such as garages, carports, storage buildings and similar structures supporting marina and maritime village uses, fuel service and parking; (5) 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; (6) 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, (7) 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. 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 with approval of the director of the Department of Community Development and the local Fire District. Underground or embedded 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. -5- Chapter 17.80 Pleasant Harbor Resort Development 17.80.010 Resort development. This chapter describes development and operations mitigation measures for facilities located in the Pleasant Harbor MPR, consistent with the "Master Plan" defined by 17.60.040, describes how SEPA is used, and provides processes for reviewing major or minor revisions to the Master Plan. These provisions apply to all development and operations within the Pleasant Harbor MPR. 17.80.020 Required Mitigation Measures During Development and 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 Pleasant Harbor-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 ordinary high 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-approved comprehensive water quality monitoring plan requiring at least monthly water collection and testing developed and approved in concert with an adaptive management program, 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 owners and operators of 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) Pertinent permits for the Pleasant Harbor MPR shall require implementation of appropriate mitigation measures to alleviate any water quality issues caused by the Pleasant Harbor MPR. -6- (3) Marina Mitigation: (a) As a condition for permitting, all stormwater from impervious surfaces shall be captured and treated to the most current edition of the Stormwater Management Manual for 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 any time. (g) The marina shall develop and manage an active boater education program appropriate to the marina setting to supplement any 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. (1) Shellfish harvesting notices and information will be available at the resort at specific locations, such as the marina, Maritime Village and at the Conference Center. (m) The marina operations shall incorporate mitigation requirements consistent with Jefferson County's Shellfish Protection Plan, and shall integrate a boater education program into a marina public education plan, which 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, -7- 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 fully mitigate any changes arising from the resort, and 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 Best Management Practices for Golf Course Development and Operation (1993), 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 adaptive 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, shall be used. (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 at least annually calculate greenhouse gas emissions (GHGs) associated with the Pleasant Harbor MPR, and identify techniques to reduce or mitigate such emissions through sequestration and/or other acceptable methods, and this information shall be made available to the public. (6) Blending of Buildings, Light Mitigation, Greenbelts and Buffer Management: (a) In keeping with an approved landscaping and grading plan, and 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 way they 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 -8- 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, incur all costs for stewardship of the conservation easements including but not limited to 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) Compliance with JCC Title 18, inclusive of all SEPA implementation policies and procedures is required. (2) Use of Prior Environmental Impact Statements. (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: i. Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort(September 5, 2007) (DEIS); 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 Resort Final Supplemental Environment Impact Statement December 9, 2015 (FSEIS). (b) The DEIS, 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. (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 permits,grading permits and building permits for development and impacts that are consistent with the level and range analyzed in the Prior EISs. Upon compliance with the mitigation measures required by the Prior EISs, and compliance with applicable regulations and compliance with any Development Agreement between -9- Jefferson County and the Developer, no additional substantive SEPA mitigation measures are required for approvals or permits that authorize development, provided the development and its impacts are 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 and impacts 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 adequately addressed in the Prior EISs. 17.80.040 Revisions to Master 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 17.80.050 and 17.80.060. Jefferson County may approve an amendment to the Comprehensive Plan only if all applicable requirements of the Growth Management Act(Chapter 36.70A RCW) are fulfilled. (2) Jefferson County shall accept building permits only for 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 Plan set forth in this Article. 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 Master 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 17.80.050 and 17.80.060. 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; -10- (b) Addition of uses that do not modify the recreational nature and intent of the resort; (c) Minor shifting of the location or orientation of buildings; (d) Minor shifting of the location or orientation of parking areas; (e) Minor changes to landscaping; (f) Minor shifting of the location, design or orientation of public facilities; and (g) 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 (g) of this section if not specifically mentioned above if the change does not otherwise qualify as 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 Plan, the 2007 FEIS, the 2015 FSEIS, subsequent environmental impact statements, the Comprehensive Plan, Ordinance 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 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 17.80.060. 17.80.060 Major revisions. Revisions to the Master 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; -11- (b) A description of how the Master Plan revision complements the existing resort 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; (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 trail systems, 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 (j) A description of how the proposed major revision may affect the Memorandums of Understanding (MOU's) as identified in the Development Regulations or Ordinance 01-0128-08. (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 shall require a Comprehensive Plan amendment (a Type V county commissioners decision)prior to any decision on the Master Plan amendment. -12- (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. 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 approved 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 approved 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 Article 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. -13- Attachment 2. 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=ems 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-eeiwityJefferson County are is the Port Ludlow MPR_and the Pleasant Harbor MPR, provisions for which are -14- 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. 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; -15- (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: (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 -16- 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; (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 36.708.170(3). -17- (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-eautityJefferson County. The Comprehensive Plan amendment or subarea plan may be processed by the-eyJefferson 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 countyJefferson County, a master planned resort project may be designated by the countyJefferson 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. -18- 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 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 Master Planned Resort. -19- Title 17Por w Master Planned Resorts of the Jefferson County Code, as may be amended, is hereby adopted by reference and made a part of this UDC. -20- Pleasant Harbor Final SEIS BRINNON MPR - ZONING MAP El MARINA VILLAGE=(MPR-MV) GOLF RESORT (MPR-GR) 000 can., OPEN SPACE RESERVE (MPR—OSR) .. Source: Craig A.Peck&Associates, 2013 Figure 3.18-1 EA inn , cienceEngandeengZoning Map Technology Inc 01/09/2018 I Page 1 of 1