HomeMy WebLinkAbout041Michelle Farfan
From: David W. Johnson <dwjohnson@co.jefferson.wa.us>
Sent: Wednesday, June 23, 2010 3:46 PM
To: Al Scalf; Stacie Hoskins
Subject: FW: Brinnon MPR Zoning Code.DOC
Attachments: Fig-3C-Alternative3-GolfCourse&Resort-May5-10.pdf; Fig_313-Alternative3-
MarinaVillage-May5-10.pdf; Fig_3A-Alternative3-OverallSite-May5-10.pdf; Ex B-1 to
UDC Amendment Application (6-22-08 revision).DOC
FYI
From: Cooke, John T. (JT) (Perkins Coie) [mailto:JCooke@perkinscoie.com]
Sent: Wednesday, June 23, 2010 3:26 PM
To: David W. Johnson
Subject: Brinnon MPR Zoning COde.DOC
Hi David,
Attached is the proposed Brinnon MPR zoning code. This draft incorporates your comments from August of last
year. Also, as we discussed a couple of months ago, I consolidated the six zones in the earlier draft down to three. The
three new zones are the Golf Resort, the Open Space Reserve and that Marina Village. The Marina Village covers the
long, finger-like property extending north from Black Point Road. The Golf Resort covers the majority of the property
south of Black Point Rd except for the Open Space Reserve which covers the 200 feet landward of the OHWM along
south shore. I have also attached the most current site plans we have to assist you with your review.
Please let me know if this concept is acceptable to you. Once we get your approval we will prepare the zoning
maps. Also, please provide me with any comments or requested changes.
<<Fig_3C-Alternative3-GolfCourse&Resort-May5-10. pdf»
<<Fig_3B-Alternative3-MarinaViI lag e-May5-10. pdf»
<<Fig_3A-Alternative3-OverallSite-May5-10.pdf>>
<<Ex B-1 to UDC Amendment Application (6-22-08 revision).DOC»
Thanks.
JT Cookel Perkins Coie LLP
1201 Third Avenue, Suite 4800
Seattle, WA 98101-3099
Direct: (206) 359-8368
Fax: (206) 359-9368
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BRINNON MPR
Title 17
MASTER PLANNED RESORTS
Title 17, Article I, Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17, Article II, Brinnon MPR (17.60-17.80
Chanter 17.60, General Provisions
17.60.010 Authority
This Article is adopted pursuant to Chanter 36.70A RCW and Title 18 JCC
17.60,020 Title.
The regulations set forth in this Article shall be known as the "Brinnon Master Planned
Resort Code" or by the short title "Brinnon MPR Code." Citations to these regulations may be
made using the applicable section number or the name of this code
17.60.030 Purpose and intent
The purpose and intent of the Brinnon MPR code is to set forth development regulations
that comply with and are consistent_ with the Jefferson County Comprehensive Plan for future
development within the boundaries of the Brinnon Master Planned Resort
17.60.040 Rules of interpretation
The following rules apply in making interpretations of the terms and conditions contained
herein:
(1) For p=oses of this title, all words used in the title shall use normal and customary
meanings, unless specifically defined otherwise in this title
(2) Words used in the present tense include the future tense
(3) The plural includes the singular and vice -versa
4) The words "will" and "shall" are mandatory.
(5) The words "may" and "should" indicate that discretion is allowed
(6) The word "used" includes designed intended arranged or intended to be used
(7) The masculine gender includes the feminine and vice -versa
17.60.050 Additional reauirements.
Title 15 and Title 18 of the Jefferson County Code may supplement the regulations
presented in this Article in accordance with the terms and conditions of the Development
Agreement entered into between Jefferson County and Pleasant Harbor Marina and Golf Resort
LLP.
17.60.080 Applicability.
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The provisions of this title shall apply to all land. all associated water areas and all uses
and structures within the boundary of the Brinnon Master Planned Resort as depicted on the
official land use map for Jefferson County, Washington.
17.60.090 Compliance with regulations required.
No structure shall hereafter be erected and no existing structure shall be moved altered
added to or enlarged nor shall any land or structure be used or arranged to be used for any
purpose other that that which is included among the uses listed in the following chapters as
permitted in the zoning district in which the structure or land is located nor shall any land or
structure be used in any manner contrary to any other requirement specified in this title
17.60.090 Development cap.
The Brinnon MPR in total shall have a development cap of 890 residential units and
100.000 square feet of resort commercial and conference space not including lobbies and
internal open space.
17.60100 Exemptions
The following structures and uses shall be exempt from the regulations of this title but
are subject to all other applicable local, state and federal regulations including but not limited to
the county building ordinance, critical areas ordinance, the shoreline management master
program, and the State Environmental Policy Act (SEPAL
(1) Wires cables conduits vaults pipes mains valves tanks or other similar equipment for
the distribution to consumers of telephone or other communications electricity, gas or water or
the collection of sewage or surface or subsurface water operated or maintained by a
governmental entity or a public or private utility or other county franchised utilities including
customary meter pedestals. telephone pedestals, distribution transformers and temporary utility
facilities required during building construction, whether any such facility is located underground
or above -ground: but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above -ground electrical substations sewage pump
stations or treatment plants or potable water storage tanks or facilities which shall require
conditional use approval in any zone where permitted
(2) Telephone booths and pedestals, underground utility equipment mailboxes bus shelters
informational kiosks public bicycle shelters or similar structure or device which is found by the
director of community development to be appropriately located in the nuhlic interest;
(3) Minor construction activitiesas defined by the IBC Section 106.2 and structures exempt
under Chapter 15.05 JCC, as amended:
(4) Stormwater detention facilities associated with and accessory to new development are
permitted in all zones. Any above -ground detention facility or pond shall be screened from the
public right-of-way or appropriately landscaped to ensure compatibility with the surrounding
area.
17.60.110 Nonconformina uses and structures.
Existing legal residential and non-residential land uses and structures in all zones of the
Brinnon Master Planned Resort are lawful and may be continued in a manner consistent with
state law, Titles 15 and 18 of the Jefferson County Code and any other applicable regulations or
Ordinances.
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5 757 7 -0001 /LEGAL 13 572118.4
17.60.120 Provisions binding on the land.
The provisions of this section shall_ apply to any subsequent owners, lessees tenants or
others with an interest in the property subject to the master planned resortincluding but not
limited to successors in interest holders of anv recorded interest recorded subsequent to the
MPR approval, community associations, facility providers and special service districts operating
within the MPR area.
Chanter 17.65, Golf Resort (MPR-GRl
17.65.010 Purpose.
The MPR -GR zone provides residential and recreational facilities as well as commercial
amenities and services associated with the resort and surrounding community. It provides the
central resort and conference facilities.
17.65.020 Permitted uses in the MPR -GR zone
1) Hotels as defined in JCC 18.10.080 and associated uses:
(2) Conference, banquet and eating establishments as defined in JCC 18 10 050
(3) Staff and service apartments:
4) Resort -related gallery and retail uses:
(5) Resort -related recreation facilities. including golf, swimming and related activities and
all pathways and passive recreation uses:
(6) Townhouses, lofts and villas providing both long-term and short-term resort recreational
housing:
(7) Accessory uses and structures, such as garages carports storage buildings and similar
structures supporting the residential environment, when clearly subordinate and supplemental to
a permitted use•
8) Golf course and associated uses:
(9) Waste water treatment facilities, including treatment plants capture storage and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste and stormwater•
10) Public water supply and related facilities:
(11) RV pads and service facilities during the construction phase of the project but to be
eliminated upon completion of the Brinnon MPR
(12) Public facilities and services as defined in JCC 18.10.160; and
(13) Other similar uses as determined by the UDC Administrator.
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57577-0001/LEGAL 13572118.4
17.65.030 Height restrictions.
No buildings within the MPR -GR zone shall be erected, enlarged or structurally modified
to exceed 50 feet in height as measured by IBC standards. Underground or imbedded narking
shall not be included in any height calculations.
17.65.040 Bulk and density requirements.
There are no yard or setback provisions internal to the MPR -GR zone All structures
over 50 feet in height shall be set back at least 100 feet from_extemal property lines.
Chanter 17.70, Open Space Reserve (MPR-OSR )
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide a natural buffer between the resort
activities and the waters of Hood Canal. The MPR-OSR zones shall be in tracts and on the south
shore the zone shall be 200 feet from Ordinary High Water Mark (OWHM) as measured under
the Shoreline Management Act (Chapter 90.58 RCW) or 25 feet from the top of the bank as
measured under Chanter 18.22 JCC. whichever is greater.
17.70.020 Permitted u
The following uses are permitted in the MPR -OS zone:
1) Restoration of existing development intrusions (roads. campsitesl:
(2) New passive recreation that does not materially reduce the forest canopy or increase
stormwater discharge.
Chapter 17.75, Marina Village (MPR -MV)
17.75.010 Purpose.
The MPR -MV zone provides residential facilities, mixed use amenities and services
associated with the marina portion of the resort and surrounding community, and provides the
central support to the marina operations.
17.75.020 Permitted uses
The following uses are permitted in the MPR -MVC
(1) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated regulations Chapter 18.25 JCC:
2) Marina Village related upland mixed usecommercial and service facilities including
restaurants and shops, as well as marine service facilities, marina office. Yacht club and
recreation facilities serving the resort and the Marina
(3) Townhouses, flats, bungalows and villas providing both long-term and short-term resort
housing:
(4) Accessory uses and structures, such as garages, c=orts, storage buildings and similar
structures supporting marina and maritime village uses, fuel service and parking•
(5) Trails, parks, pools, open space and playgrounds: and
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57577-0001/LEGAL 13572118.4
(6) Public facilities and services as defined in JCC 18.10.160.
17.75.030 Height restrictions.
No buildings within the MPR -MV zone shall be erected, enlarged or structurally
modified to exceed 50 feet in height as measured by IBC standards. Underground or imbedded
parking shall not be included in any height calculations.
17.75.040 Bulk and density requirements.
There are no yard or setback provisions internal to the MPR -MV zone All new
structures shall comply with the setback requirements of the Shoreline Master Program.
Chanter 17.80, Pleasant Harbor Resort Development
17.80 010 Resort development
This section describes the "Resort Plan" for facilities to be located in the resort MPR sets
out a required environmental review process for any future resort development and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the approved MPR.
17.80.020 Resort Plan
The Resort Plan for future development of properties in the Brinnon MPR means the
regulations, requirements, densities and uses established in the Development Agreement between
the Countv and Pleasant Harbor Marina and Golf Resort. LLP dated fl and approved by
Ordinance No. fl and includes up to 890 residential units. approximately 100.000 square feet of
commercial space. as well as infrastructure necessary to service the development.
17.80.030 Permit process for resort development.
(1) A project -level supplemental environmental impact statement (SEIS) analyzing the resort
plan is required prior to issuance of building permits for any new resort development
Environmental review of the Resort Plan shall not be piecemealed or broken into small
segments. The applicant may choose to develop a new environmental impact statement rather
than a supplement.
(2) Notice of application for environmental review of the Resort Plan shall be provided to all
persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18
Unified Development Code
(3) Actual building permit plans or construction drawings are not required during the SEIS
process. Architectural drawings including a detailed site plan, and architectural sketches or
drawings showing approximate elevations, sections, and floor plans are required however to
ensure that the SEIS considers project -level details
(4) The department of community development may impose mitigating conditions or issue a
denial of some or all of the Resort Plan based on the environmental review and usin authority
provided pursuant to the State Environmental Policy Act, Chapter 43.21C RCW A report
detailing any such conditions or denials shall be issued within 30 days of issuance of the final
SEIS. and prior to issuance of any Resort Plan building permits. This report and the conditions
approvals or denials contained therein shall be treated as an administrative decision of the
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57577-0001/LEGAL13572118.4
department under the land use procedures of JCC Title 18, Unified Development Code (Type II
decision) and shall be appealable to the county hearing examiner.
(5) Following completion of the SEIS and the department report on the Resort Plan, building
permits may be issued, following appropriate plan review, for projects analyzed in the SEIS. If
the department report is appealed, no permits shall be issued until the administrative appeal is
resolved.
(6) Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposedpartf the environmental review or may be developed at a later
date.
17.80.040 Environmental review for Resort Plan development
(1) All project level applications will be given an automatic SEPA threshold Determination
of Significance except where the SEPA-responsible official determines that the application
results in only minor construction.—A project level supplement to the Pleasant Harbor EIS shall
be prepared, or a new stand-alone EIS may be prepared unless existing environmental documents
adequately address environmental conditions as set forth in RCW 43.21C.034
(2) The scope of an SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007, together with such additional
requirements as a project specific application may raise. The scope shall not change the
standards of approval, however, as set forth in the development agreement.
(3) The utility element of any subsequent phase environmental review pertaining to the
Pleasant Harbor MPR shall review information on all affected utility systems including sewer
and water systems and the results of required monitoring. The effectiveness of such monitoring
shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be
considered if necessary to ensure that water quality and water supply are adequately_ protected
and impacts to natural resources minimized.
(4) Any preliminary scope for future development within the Pleasant Harbor MPR is based
on the described Resort Plan. Other elements, issues, and specific levels of detail may be
included based on information available at the time the Resort Plan development application is
submitted. Elements noted above may be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially significant adverse impacts.
17.80.050 Revisions to Resort Plan.
(1) Any proposed changes to the Brinnon MPR boundary or zone changes within the MPR
shall require a Comprehensive Plan amendment and related zoning action. Such changes are
outside the scone of the revision processes described below and in JCC 17 80 060 and 17.80.070.
The county may approve an amendment to the Comprehensive Plan only if all requirements of
the Growth Management Act (Chapter 36.70A RCW) are fulfilled.
(2) The county shall accept building permits only for projects included in and consistent with
the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval of a revision- all subsequent development proposals shall be
consistent with the revised Resort Plan and development regulations.
3) Proposed revisions to the Resort Plan shall be submitted to the department of community
development and the DCD director will determine whether the proposal constitutes a major or
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57577-0001 /LEGAL 13 5 72118.4
minor revision. Upon making a determination, the proposed revision shall follow the appropriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.90.050 Minor revisions.
(1) Minor Revisions. The county recognizes that the Resort Plan may require minor changes
to facilities and services in response to changing conditions or market demand and that some
degree of flexibility for the resort is needed. Minor revisions are those that do not result in a
substantial change to the intent or purpose of the Resort Plan in effect and which:
(a) Involve no more than a five percent increase in the overall gross square footage of
the Resort Plan:
b) Will not have a significantly greater impact on the environment and/or facilities
than that addressed in the development plan:
(c) Do not alter the boundaries of the approved plan:
(d) Do not propose new uses or uses that modify the recreational nature and intent of
the resort.
(2) Minor Revision Process. Applications for minor revisions shall be submitted to, and
reviewed by the Jefferson County department of community development to determine if the
revisions are consistent with the existing Resort Plan and Resort Plan SEIS, the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satisfy the above -
referenced criteria shall be deemed a minor plan revision and may be administratively approved
(as a Type II decision under the land use procedures of JCC Title 18,Unified Development
Code) by the director of the department of community development. Public notice of the
application, the written decision, and appeal opportunities shall be provided to all persons or
agencies as required by the land use procedures of JCC Title 18, Unified Development Code.
Those revisions that do not comply with the provisions contained within this section shall be
deemed a major revision, subject to the provisions outlined in JCC 17.80.070.
17.90.60 Maior revision
Revisions to the Resort Plan that will result in a substantial change to the resort
including: changes in use, increase in the intensity of use, or in the size, scale, or density of
development: or changes which may have a substantial impact on the environment beyond those
reviewed in previous environmental documents, are considered to be major revisions and will
require application for a revised Resort Plan.
1) Application for a Major Revision to the Resort Plan. An application shall beprepared
describing the proposed revision in relation to the approved Resort Plan and providing a
framework for review, analysis and mitigation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:
al A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan:
b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR:
(c) A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site design and
protection of natural amenities:
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57577-0001 /LEGAL 13 572118.4
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 Brinnon MPR and patrons of the resort:
e) A description and analysis of the environmental impacts associated with the
proposed revision, including an analysis of the cumulative impacts of both the proposed
revision and the approved Resort Plan, and their effects on surrounding properties and/or
public facilities:
fl A description of how the proposed Resort Plan revision is integrated with the
overall Brinnon MPR and any features, such as connections to trail systems, natural
systems or greenbelts, that have been established to retain and enhance the character of
the resort and the overall MPR
(g) A description of the intended phasing of development projects:
h) Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas:
(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands, including but not limited to
transportation, water, sewer and stormwater facilities: and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.
2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III). with a required public hearing prior to the decision. Public notice of the
application, the 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.
Any proposed major revision involving a change to the boundaries of the MPR zone shall require
a Comprehensive Plan amendment (a Type V county commissioners decision) prior to any
decision on the Resort Plan amendment.
3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan
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:
e) The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site design
and protection of natural amenities.
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57577-0001 /LEGAL 13 572118.4
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 e4y existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.
(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second officially designated master planned resort in the county ("Brinnon MPR"). The Brinnon
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 Brinnon MPR is characterized by a golf course
resort facility south of Black Point Road and a marina/Maritime Village and associated housing
north of Black Point Road. The resort is predominately designed to serve resort and recreation
uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center,
which accommodates LAMIRD-scale commercial uses serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The only existing officially designated master planned resorts in the county arei-s the Port
Ludlow MPR and the Brinnon MPR, provisions for which are codified in JCC Title 17. The Port
Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master
planned resorts. Brinnon MPR is adopted pursuant to RCW 36.70A.360 pertaining to new
Master Planned Resorts. Designation of any new master planned resorts pursuant to RCW
36.70A.360 requires compliance with the provisions of this article and a formal site-specific
amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC
18.45.080.
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57577-0001/LEGAL 13572118.4
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, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent
with the on-site recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor -oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs of the users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, food stores, real estate/property management offices; and
(d) Recreation -oriented businesses and facilities such as sporting goods and
outdoor equipment rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
18.15.126 Requirements for master planned resorts.
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57577-0001 /LEGAL 13 572118.4
An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part of the resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(f) A description of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.70B.170 through 36.7013.210. 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:
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(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable),
visitor -oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
(3) Formal Site -Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-11-164 and 197-11-168.
(5) Self -Contained Development. All necessary supportive and accessory on-site urban -level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.I 10.
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC
18.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of
JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § 1]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI -D of this
chapter (Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban -level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes location -specific standards to retain and enhance the
character of the resort.
(10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 § 1]
18.15.138 Master Planned Resort.
The Dorms Master Planned Resort Code (JCC Title 17), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
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