HomeMy WebLinkAbout088Michelle Farfan
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David W. Joh nson < djoh nso n @co jefferson.wa.us >
Monday, September 28,2015 2:14 PM
David Alvarez;JT Cooke
David W. Johnson
Pleasant Harbor Development Regulations - Enforcement
Revised Final Draft 20L5 09 28 Pleasant Harbor Zoning Code.docx
David & JT,
Recentlybecameawareoftheneedforenforcementprovisionsinthenewcode. Pleasereviewandcomment/edit.
Thanks!
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465
Mission: To preserve and enhance the quality of lfe in Jefferson County by promoting a vibrant economy,
sound communities and a healthy environment.
$ SlVf PAPER - Pleose do not print this e-moil unless obsolutely necessory
All e-marl may be considered subject to the Publtc Records Act and as such may be dsclosed to a third-party requestor.
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1
PLEASANT HARBOR MASTER PLATINED RESORT
Title l7
MASTER PLANNED RESORTS
Title 17. Article I. Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17. Article II. Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60. General Provisions
17.60.010 Authoritv.
Thic title ic adnnted nrrrerr4nf f^141Ad6A 2(?nA Da\l/ .-.lTirl- lQ Iaa
17.60.020 Title.
The rezulations set forth in this title shall be known as the "Pleasant Harbor Master
Planned Resort Code" or bv the short title "Pleasant Harbor MPR Code." Citations to these
rezulations may be made using the applicable JCC section number.
17.60.030 Purpose and intent.
The oumose and intent of the Pleasant Harbor MPR code is to set forth development
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60.040 Additional requirements.
Title I 5 and Title l8 of the Jefferson Countv mav supplement the resulations presented in
this Article in accordance with the terms and conditions of the Development Asreement entered
into between Jefferson Countv and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Apnlicabilitv.
The provisions ofthis title shall apply to all land. all associated water areas and all uses
and structures within the boundarv of the Pleasant Harbor Master Planned Resort as depicted on
the official land use map for Jefferson Countv. Washinerton.
17.60 060 Exemntions.
The following structures and uses shall be exemot from the regulations of this title. but
are subiect to all other applicable local. state and federal regulations includine. but not limited to.
the count-y buildine ordinance. interim critical areas ordinance. the shoreline manaeement master
program. and the State Environmental Policy Act (SEPA).
-l-
(l) Wires. cables. conduits. vaults. oioes. mains. valves. tanks, or other similar equipment for
the distribution to consumers of telephone or other communications. electricitv. 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
customar.v meter pedestals. telephone pedestals, distribution transformers and temporarv utilitv
facilities required during buildine construction. whether any such facilit-v is located underground,
or above-groundl 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 heatment plants. or potable water storage tanks or facilities. which shall require
conditional use aoproval in any zone where permitted:
(2) Undereround utiliw equipment. mailboxes. bus shelters. informational kiosks. oublic
bicycle shelters. or similar structure or device which is found by the director of communitv
develooment to be appropriately located in the public interest:(3) Minor conshuction activities. as defined bv 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-sround detention facility or pond shall be screened from the
public rieht-of-way or appropriately landscaped to ensure compatibility with the sunounding
area.(5) Development consistent with a Bindine Site Plan approved by the Countv prior to
adoption of this chapter.
17.60.110 Preexistins uses and structures.
Existing legal residential and non residential land uses and structures in all zones ofthe
Master Planned Resort are lawful uses and may be continued in a manner consistent with state
law. Titles 15 and 18 of the Jefferson County Code and any other applicable rezulations or
Ordinances.
17.60.120 Provisions bindinq on the land.
The provisions ofthis section shall applv to any subsequent owners. lessees. tenants or
others with an interest in the property subject to the master olanned resort (or any oortion or
oarcel thereofl. including but not limited to successors in interest. holders ofany recorded
interest recorded subsequent to the MPR approval. communitv associations. facilitv providers
and special service disticts operating within the MPR area.
.17,$J.!J0. . Ettf.orc.eg.ep.t
Violations of Title 17. Article II shall comply with the enforcement provisions in Chapter
18.50 Enforcement of Title l8 of the Jefferson Countv Code.
Chapter 17.65. Golf Resort (MPR-GR)
17.65.010 Purpose.
The MPR-CR zone provides residential and recreational facilities. as well as commercial
amenities and services associated with the resort and surroundine communitv. It provides the
cenhal resort and conference facilities.
Formattql: Font: Bold
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17.65.020 Permitted Uses.(l) Residential uses including single-family and multifamily structures. condominiums.
townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all
kinds.(2) Short-term visitor accommodations. constitutine not less than 650Z of the total residential
units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges.
and any residential uses allowed under subsection I ofthis section that is made available for
short-term rental.(3) Visitor oriented amenities. includine. but not limited to (a) conference and meetine
facilities: (b) restatrants. cafes. delicatessens. pubs. tavems and entertainment associate with
such uses: (c) on-site retail services and businesses Enically found in destination resorts and
desisned to serve the convenience needs of users and employees of master planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities ofall kinds includine. but not limited to. art ealleries.
and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. including but not limited to golf
courses (includins accessory structures and facilities. such as clubhouses. practice facilities. and
maintenance facilities). tennis courts. swimming pools. spa services. hiking trails. bicycle paths.
ropes courses. amphitheater, and other recreational uses consistent with the nafure of master
olanned resort:(6) Waste water heatment facilities. including heatment plants. capture. storage and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater:(7) Public water suppl), and related facilities:
(8) Public facilities andservices asdefined inJCC 18.10.1601(9) Utilities supportine the resort:(10) Emergenc), services (fire. police. EMS):
(l l) Medical services: and(12) Other similar uses consistent with the pumose of this zone and MPR as determined by the
Deoartment of Communitv Development.
17.65.030 Heieht restrictions.
No buildings within the MPR-GR zone shall be erected. enlareed or structurally modified
to exceed 80 feet in height as measured bv IBC standards. Underground or imbedded parking
shall not be included in anv heieht calculations.
17.65.040 Bulk and densitv requirements.
There are no yard or setback provisions internal to the MPR-GR zone. All structures
shall be set back at least 20 feet from Master Planned Resort boundary lines and adjacent MPR
zones. Minimum building setback from State Route l0l is 50 feet.
Chaoter 17.70. Ooen 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 extend landward 200 feet
-3-
from OMHW of Hood Canal as measured under the Shoreline Management Act (Chaoter 90.58
RCW) or 25 feet from the top of the bank as measured under Chapter 18.22 JCC. whichever is
greater.
17.70.020 Permitted uses.
The followins lrses are in the \zlPR -OSR zone'
(l) Restoration of existing development intrusions (roads. campsites) to theit natural pre-
development state: and(2) Passive recreation that does not reduce the forest canopy. increase stormwater discharee
or blufferosion.(3) Those uses consistent with the Shoreline Master Proeram JCC 18.25
Chapter 17.75. Marina Villaee (MPR-MV)
17.75.010 Puroose.
The MPR-MV zone orovides mixed use amenities and services associated with the
marina portion of the resort and surroundine communitv. and provides the central suoport to the
marina operations.
17.75.020 Permitteduses.
The following uses are oermitted in the MPR-MV:
(l) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Proeram and associated regulations Chaoter 18.25 JCCI(2) Residential uses including sinsle-family and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kinds;(3) Marina Village related uoland mixed use. commercial and service facilities. including
open parkine 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 sarases. 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. swimmine pools, marinas. hiking trails. bicycle paths, ropes courses. eame center
and other recreational uses consistent with the nature of master planned resort.;
(6) Utilitiessupportingtheresort:(7) Infrastructure and buildings. both above and below eround. for the utilitiesl(8) Emergency services (fire. oolice. EMS)I
(9) Public facilities. and services serving the MPR-MV zone:(10) Medical services: and(10) Other similar uses consistent with the purpose of the this zone and MPR as determined by
the Department of Communitu Develooment.
17.75.030 Hcisht restrictions.
No buildings within the MPR-MV zone shall be erected. enlarged or structurally
modified to exceed 35 feet in height as measured b), IBC standards. Underground or imbedded
oarkine shall not be included in any height calculations.
-4-
17.75.040 Bulk and densitv reouirements.
There are no vard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
Countv's Shoreline Master Program as codified at Ch. 18.27 JCC
Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resort development.
This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review process for anv fufure resort development. and provides
orocesses for reviewine maior or minor revisions to the Resort Plan. These provisions appl), to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Develooment cao.
The Pleasant Harbor MPR in total shall have a development cao of 890 residential units
provided however. short term visitor accommodation units shall constitute not less than than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
70.000 square feet ofresort commercial. retail. restaurant and conference space. not including
lobbies and internal open space.
17.80.030 Resort Plan
The Resort Plan for future development of properties in the Pleasant Harbor MPR means
the rezulations. requirements. densities and uses established in the Development Agreement
between the CounW and Pleasant Harbor Marina and Golf Resort. LLP dated I and approved by
Ordinance No. I and as reviewed includes up to 890 residential urits. approximately 70.000
square feet of commercial space. as well as infrastructure necessary to service the development.
17.80.040 Pe rmit orocess for resort develooment.(l) A project-level suoplemental environmental impact statement (SEIS) analyzing
development under the Resort Plan is required prior to issuance of building permits for any new
resort development. The apolicant 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 aeencies entitled to notice pursuant to the land use procedures of JCC Title I 8.(3) Actual building permit plans or construction drawings are not reguired during the SEIS
process. Architectural drawines includins a detailed site plan. and axchitectural sketches or
drawines showing approximate elevations. sections. and floor plans are required. however. to
ensure that the SEIS considers project-level details.(4) The department of communitv development may impose mitieatine conditions or issue a
denial of some or all of the Resort Plan based on the environmental review and usins authorifu
provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit process for resort development.(5) Following completion of the SEIS building permits may be issued. following aoorooriate
plan review. for proiects analyzed in the SEIS.
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(6) Actual resort development may be undertaken in phases. but only following completion
ofreview and approval ofa full resort buildout olan tluough the SEIS process. A phasing
schedule may be proposed as part ofthe environmental review or mav be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.(l) All proiect level applications will be given an automatic SEPA threshold Determination
of Simificance except where the SEPA-responsible official determines that the application
results in only minor conshuction. A EIS or SEIS is not required if existins environmental
documents adequatel), address environmental conditions as set forth in RCW 43.21C.034.
(2) The scope ofan SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007. toeether with such additional
requirements as a project soecific apolication may raise. The scope shall not change the
standards of approval. however. as set forth in the develooment asreement and these
development resulations.(3) The utility element ofany subseouent 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 monitorinq
shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be
considered ifnecessarv to ensure that water qualitv and water supplv are adequately protected
and impacts to nafural 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 aoplication is
submitted. Elements noted above mav be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially simificant adverse environmental imoacts.
17.80.060 Revisions to Resort Plan.(l) Any oroposed enlareement to the Pleasant Harbor MPR boundary or zone chanses within
the MPR shall require a Comprehensive Plan amendment and related zoning action. Such
chanees are outside the scooe ofthe revision processes described below and in JCC 17.80.070
and 17.80.080. The Counry may approve an amendment to the Comprehensive Plan onlv if all
requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.
Q) The Countv shall accept buildine permits only for projects included in and consistent
with the Resort Plan. A revision to the existins Resort Plan shall be submitted to the county for
aoproval prior to the acceptance ofanv proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval ofa revision. all subsequent development oroposals 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
minor revision. Upon makine a determination the proposed revision shall follow the aopropriate
orocess for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
-6-
17.80.070 Minor revisions.(-l) Minor Revisions. The county recoenizes that the Resort Plan may require minor changes
to facilities and services in response to chaneine conditions or market demand and that some
deeree of flexibilitv for the resort is needed. Minor revisions are those that do not result in a
substantial chanee to the intent or pumose of the Resort Plan in effect. A change that satisfies
the followine criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve no more than a ten (10) percent increase in the overall eross square
footage ofthe Resort Plan:(b) Will not have a significantly greater imoact on the environment and/or facilities
than that addressed in the develooment plan:
(c) Do not alter the boundaries ofthe approved plan:
(d) Do not prooose new uses or uses that modi& the recreational nature and intent of
the resort.
A chanee to the Resort Plan may still qualify as a minor revision under this section despite its
failure to satis& one or more ofthe conditions (a) throueh (d) ofthis section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and
reviewed bv the Jefferson Countv department of communil, development to determine if the
revisions are consistent with the existing Resort Plan and Resort Plan SEIS. the Jefferson Countv
Comprehensive Plan and other pertinent documents. Those proposals that satisfu the above-
referenced criteria shall be deemed a minor plan revision and mav be administratively approved
(as a T),pe II decision under the land use procedures of JCC Title 18. Unified Development
Code) by the director of the department of community develooment. Public notice of the
application. the written decision. and appeal opportunities shall be provided to all persons or
aqencies as required b), the land use orocedures of JCC Title 18. Unified Development Code.
Those revisions that do not comply with the provisions contained within this section shall be
deemed a major revision" subject to the provisions outlined in JCC 17.80.080.
17.80.80 Maior revisions.
Revisions to the Resort Plan that will result in a substantial change to the resort
including: changes in use. increase in the intensity ofuse. or in the size. scale. or densitv of
development: or changes which may have a substantial impact on the environment beyond those
reviewed in previous environmental documents. are considered to be maior revisions and will
require application for a revised Resort Plan.(l) Application for a Major Revision to the Resort Plan. An application shall be prepared
describins the proposed revision in relation to the approved Resort Plan and orovidine a
framework for review. analvsis and mitieation of the revised development activiw proposed. The
Resort Plan revision prooosal shall include the following information:(a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan:
(b) A description of how the Resort Plan revision complements the existins resort
facilities of the MPR:(c) A descriotion ofthe desien and functional features ofthe Resort Plan revision,
setting out how the revision provides for unified develooment. integrated site design and
protection of natural amenities:
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(d) A listing ofproposed additional uses and/or proposed changes to density and
intensity of uses within the resorl and a discussion of how these chanees meet the needs
of residents of the Pleasant Harbor 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 imoacts of both the orooosed
revision and the approved Resort Plan. and their effects on surrounding properties and/or
public facilities:
(fl A description ofhow the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and any features. such as connections to trail systems.
natural systems or ereenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:
(g) A description ofthe intended phasing ofdevelopment projects:
(h) Maps. drawings. illustrations. or other materials necessary to assist in
understanding and visualizine the desim and use ofthe completed proposed
development. its facilities and services. and the protection ofcritical areas:
(i) A calculation ofestimated 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 demonshation that sufficient
facilities and services to support the development are available or will be available at the
time develooment permits are applied for.(2) Major Revision Process. Major revisions shall be processed as a hearine examiner
decision (Type III). with a required public hearing prior to the decision. Public notice ofthe
apolication. the written decision. and appeal opportunities shall be provided to all persons on the
Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or asencies as required
by the land use procedures of JCC Title 18. Unified Development Code. Any proposed major
revision involvins a chanse 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 hearine examiner mav approve a major revision to the Resort Plan
only if all the followine criteria are met:(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan:(b) No unmitieated probable significant adverse environmental imoacts would be
created b)' the ProPosed revision:(c) The revision is consistent with all applicable development rezulations. includine
those established for critical areas:
(d) On-site and off-site infrastructure (includine but not limited to water. sewer.
storm water and transportation facilities) impacts have been fully considered and
mitieatedl
(e) The prooosed revision comolements the existing resort facilities. meets the needs
of residents and patrons. and provides for unifred development. intesrated site desisn.
and protection of natural amenities.
-8-
Title l8
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 integated
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 ifthe residential uses are integrated into and support the on-site
recreational nafure ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The flrgtenly 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 marin4 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 intemal 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 reshictions.(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second offtcially desisnated master planned resort in the Countv. The Pleasant Harbor MPR is
desimated in accordance with RCW 36.704.360 as a new master planned resort and is subiect to
the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by a golf course resort
facilitv south of Black Point Road and a marina./Maritime Villaee and associated housing north
ofBlack Point Road. The resort is predominatelv designed to serve resort and recreation uses and
has onl), 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 mav 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 enly-€xistin€ officially designated master planned resorts in the county qgis the Port
Ludlow MPR-and the Pleasant Harbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.704.360
pertaining to new Master Planned Resorts. Designation of any new master plarmed resorts
pursuant to RCW 36.704.360 requires compliance with the provisions of this article and a
formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080.
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18.f5.f20 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 ofthis 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 Allowableuses.
The following uses may be allowed within a master planned resort classification authorLed in
compliance with RCW 36.70A.360:
(l) 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) Meetingfacilities;
(c) On-site retail businesses and services which are designed to serve the
needs ofthe 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 ofthis 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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An applicant for an MPR project must meet the following requirements:
(l) 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 ofthe 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
ofthe 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 t)?es 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.
(0 A description ofthe environmentally sensitive areas ofthe 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 ofhow 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 ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description ofthe intended phasing ofdevelopment ofthe project, ifany. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity ofthe 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 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and
RCW 36.708.170, 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 ofuses, and building sizes;
(b) Phasing ofdevelopment, ifrequested by the applicant;
(c) Procedures for review ofsite-specific development plans;
(d) Provisions for required open space, public access to shorelines (ifapplicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retaiUcommercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Acl
Chapter 43.21C RCW, and other development conditions; and
(0 Other development standards including those identified in JCC 18.40.840 and
RCW 36.708.170(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 ofJCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and
JCC I 8.45.030 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. Ifdeemed 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-ll-164 and 197-l l-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.
f8.15.129 Application requirementsandapprovalprocess.
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:
(l) A draft of the master plan shall be prepared to meet the requirements of JCC
18. I 5.126( l).
(2) A request for authorization ofa development agreement, pursuant to the requirements of
JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (DevelopmentAgreements).
(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 $ l]
18.15.132 Decision-makingauthority.
(l) 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-specihc applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board ofcounty 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 criteri4 then the
application shall be denied.
(l) 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 ofthe county.
(3) Ifan MPR will be phased, each phase contains adequate infraskucture, open space,
recreational facilities, landscaping and all other conditions ofthe 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 hansportation 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 ofnatural 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 g l]
18.15.138 Port*udfe* Master Planned Resort.
The Pe**udlerv Master Planned Resort Code (JCC Title l7), 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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