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David W. Johnson < djoh nson @co jefferson,wa.us >
Tuesday, October 13, 2015 10:27 AM
Garth Mann;Jt Cooke; David Alvarez
David W. Johnson
Enforcement Provisions
JCC 18.50 Enforcement.docx; Revised Final Draft 2015 09 28 Pleasant Harbor Zoning
Code.docx
Garth, JT & David
Per our conversation regarding enforcement provisions for the Resort, attached is Chapter 18.50 referred to in the
attached revised draft of the Development Regulations. Please comment asap.
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 life in Jffirson County by promoting a vibrant economy,
sound communities ond a healthy environment.
;| SaVe PAPER - Pleose do not print this e-moil unless obsolutely necessory
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Chapter 18.50
ENFORCEMENT
Sections:
18.50.010 lntent.
18.50.020 Violations
18.50.030 Enforcement and duty to enforce
18.50.040 Site investigation and right of entry
18.50.050 Notice of voluntary correction
18.50.060 Notice and order
18.50.070 Stop work order and emergency order
18.50.080 Appeal to hearing examiner
18.50.090 Final order - Enforcement.
18.50.100 Suspension and revocation of permits.
18.50.110 Civil and criminal penalties.
18.50.120 Exception to enforcement and penalties - Land divisions.
18.50.130 Recovery of civil penalty and cost of abatement.
18.50.010 lntent.
(1) The primary intent of all enforcement actions described in this chapter is to educate the public and
to encourage the voluntary correction of violations to protect the public health, safety and welfare. lf
voluntary compliance fails or is inapplicable in a given case, civil and criminal penalties will be used
when necessary to ensure compliance with the provisions of this UDC. Criminal charges will be brought
only when civil remedies have failed to ensure compliance and all lesser enforcement tools have proved
futile.
(2) Nothing in this chapter shall be construed to prevent the building official, fire marshal, or local fire
chief from following the enforcement process and provisions of the lnternational Building Code, the
lnternational Fire Code, or any other standardized code adopted by the county. [Ord. 2-06 5 1)
18.50.020 Violations.
(1) lt is a violation of this UDC for any person to initiate or maintain, or to cause to be initiated or
maintained, any use, alteration, construction, location, or demolition of any structure, land, or property
within Jefferson County without first obtaining permits or authorizations required by this UDC.
(2) lt is a violation of this UDC to remove or deface any sign, notice, complaint, or order required by or
posted in accordance with this UDC.
(3) lt is a violation of this UDC to misrepresent any materialfact in any application, plans, or other
information submitted to obtain any land use authorization.
(4) lt is a violation for any person to failto comply with provisions of this code, to failto comply with the
terms or conditions of a permit issued pursuant to this UDC, or to fail to comply with any or all notices
or orders issued pursuant to this chapter. [Ord. 2-06 5 1]
18.50.030 Enforcement and duty to enforce.
(1) Provisions of this UDC will be enforced for the benefit of the health, safety, and welfare of the
general public and the environment and not for the benefit of any particular person or class of persons.
(2) The administrator is authorized to use the provisions of this chapter to remove, prevent and stop
violations of this UDC. The administrator may call upon law enforcement, fire, health, or other
appropriate county departments to assist in enforcement.
(3) The owner of any real or personal property subject to enforcement action and/or any person
responsible for a violation at a particular site or real property shall be individually and jointly liable for
failure to comply with this UDC or to comply with any and all notices or orders issued pursuant to this
code.
( ) No provision or term used in this chapter is intended to impose any duty upon the county or any of
its officers or employees, which would subject them or the county to damages in a civil action. [Ord. 2-
06511
18.50.040 Site investigation and right of entry.
(1) Any person submitting an application for any land use permit or any other land use activities shall
also be requested to give written consent to on-site inspection of their property solely for the purpose
of assessing compliance with any or all county development regulations applicable to the land use
permit or proposal submitted by that applicant.
(2) The administrator may, with the written consent of the owner, enter any building, structure,
property or portion thereof at reasonable times to inspect the same in order to determine whether the
applicant and/or owner are in compliance with any and all development regulations applicable to the
land use permit or proposal submitted by that applicant.
(3) lf written consent of the applicant or owner to enter private property exists and if the administrator
should find such building, structure, property or portion thereof to be occupied, then the administrator
shall present identification credentials, state the reasons for the inspection, and request entry.
(4) lf written consent of the applicant or owner to enter private property exists and if the administrator
should find such building, structure, property or portion thereof to be unoccupied, then the
administrator shall first make a reasonable effort to locate the owner or other persons having charge or
control of the building, structure, property or portion thereof and request entry. lf the administrator is
unable to locate the owner or such other persons, and has reason to believe that conditions therein
create an immediate and irreparable land use of safety hazard, the administrator may enter to
investigate land use violations or safety hazards.
(5)Should the administrator be denied written consent to access such private property in orderto carry
out the purpose and provisions of this section, then the administrator shall, if entry upon private
property is deemed necessary, be required to obtain a lawful search warrant executed by a neutral
magistrate or judge based upon sufficientsworn proof of probable cause priorto entry upon private
property.
(6) At such time as the county, through its administrator, concludes that the applicant has complied with
all development regulations applicable to the applicant's proposal or application for one or more land
use permits, the written consent to enter the premises of the applicant for inspection and observation
as permitted by this section shall immediately expire.
(7) Because there will be circumstances, complaints or facts where an investigation of real property will
be required that does not arise from an existing application or request for one or more land use permits,
the administrator is permitted to take all lawful steps to investigate those circumstances or facts,
including, but not limited to, obtaining a lawful search warrant executed by a neutral magistrate or
judge based upon sufficient sworn proof of probable cause priorto entry upon private property. [Ord.2-
06s1l
18.50.050 Notice of voluntary correction.
(1) lf after investigation, the administrator determines that any provision of the UDC has been violated,
a notice of voluntary correction letter should be the first attempt at obtaining compliance. lf voluntary
compliance is not obtained, the administrator shall serve a notice and order, as set forth in JCC
18.50.060(6), upon the owner and person(s) responsible for the violation.
(2) The notice of voluntary correction shall state the following:
(a) The street address, when available, and/or a legal description of real property sufficient to identify
where the violation occurred or is located;
(b) Description of the activity that is causing a violation;
(c) Each provision violated under county regulations;
(d) The corrective action necessary to comply with said provisions;
(e) A reasonable time and date by which the corrective action is to be completed; however, in no event
shall the time given for voluntary correction be greater than 60 calendar days, except as provided in
subsection ( ) of this section; and
(f) That continued or subsequent violation may result in civil enforcement actions, as provided in JCC
18.50.110, to include monetary civil penalties, and/or abatement proceedings enforceable as a lien
against property or as a personal obligation.
(3) Following a notice of voluntary correction, the administrator and person in violation may meet to
develop a compliance plan. The compliance plan shallestablish a reasonable and specific time frame for
compliance. No further action will be taken if the terms of the compliance plan are met. lf no
compliance plan is established, a notice and order will proceed.
( ) Upon written request received prior to the correction date, an administrator may, for good cause
shown, grant an extension of the date set for correction for an amount of time as deemed reasonable by
the administrator. The administrator may only consider as good cause: (a) substantial completion of
necessary correction; (b) unforeseeable circumstances not caused by the person so as to make
completion impossible by the date established; or (c) procedural requirements for obtaining a permit to
carry out the corrective action.
(5)The voluntary correction process is optional as deemed by the administrator. lf the administrator
believes that the requirements of this chapter are not being met, the administrator shall, in addition to
the notice and order, issue applicable stop work or emergency orders. [Ord. 2-06 5 1l
18.50.060 Notice and order.
(1) Whenever the voluntary correction process set forth in JCC 18.50.050 is unsuccessful, or the
administrator believes that the violation can only be promptly and equitably corrected by an immediate
administrative notice and order, the administrator shall issue a written notice and order directed either
to the owner or operator of the source of violation, the person in possession of the property where the
violation originates or the person otherwise causing or responsible for the violation.
(2) The notice and order shall state the following
(a) The street address, when available, and/or a legal description of real property sufficient to identifu
where the violation occurred or is located;
(b) A statement that the administrator has found the person to be in violation of a land use regulation,
with a brief and concise description of the conditions found to be in violation and a reference to county
regulation(s) which has been violated;
(c) A statement of the corrective action required to be taken. lf the administrator has determined that
corrective work is required, the notice and order shall require that all required permits be secured, that
work physically be commenced and that the work be completed within such times as the administrator
determines are reasonable under the circumstances;
(d) A statement specifying the amount of any civil penalty that may be assessed and subsequently
perfected and collected at a later date on account of the violation and, if applicable, the conditions on
which the assessment of such civil penalty is based;
(e) A statement advising that if any work is not commenced or completed within the times specified, the
administrator will proceed to cause abatement of the violation and cause the work to be done and
charge costs as a lien against the property;
(f) A statement advising that if any assessed civil penalty is not paid, the administrator will charge the
amount of the penalty as a lien against the property and as a joint and separate personalobligation of
any person in violation; and
(g) A description of the available appeals process.
(3)The notice and order may be appealed within 14 calendar days from the date of the notice and order
to the hearing examiner, pursuant to the provisions of JCC 18.50,080. The appeal shall be accompanied
by an appeal fee in an amount set forth by the county.
( )Any per-day civil penalty shall not accrue during the pendancy of such administrative appeal, unless
the hearing examiner determines that the appeal is frivolous or intended solely to delay compliance.
(5) A failure to file a timely and complete appeal will constitute a waiver of all rights to an administrative
appeal under this UDC.
(6)The notice of voluntary correction, notice and order, stop work order, or emergency order shall be
served upon the owner and person(s) responsible for the violation by the administrator or his
designated representative over the age of 18. The administrator may also mail a certified copy of such
notice and orders, mailing such a certified copy of the notice and orders to the fee or record owner of
the property at the address where that record owner receives the related tax bills for that real property
from the Jefferson County treasurer. lf the address of any such person cannot reasonably be
ascertained, a copy of the notice and order shall be mailed to such person at the address of the location
of the violation. The failure of any such person to receive such notice shall not affect the validity of any
proceedings taken under this chapter. Service by mail in the manner provided in this chapter shall be
effective on the date of postmark. The notice and order may be, but is not required to be, posted on the
subject property. [Ord. 2-06 5 1]
18.50.070 Stop work order and emergency order.
(1) Stop Work Order. Whenever a continuing violation of any regulations within the UDC will: (a)
materially impair the administrator's ability to secure compliance with the UDC; or (b) threaten the
health or safety of the public; or (c) threaten or harm the environment, then the administrator may
issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The
order may be posted on the subject property or may be served on persons engaged in any work in
violation of this chapter. No further work or activity shall proceed, unless and until authorized by the
administrator in writing. ln the event the administrator issues a stop work order, the voluntary
correction procedures of JCC 18.50.050 and the notice and order provisions of JCC 18.50.060 shall not
apply. A failure to comply with a stop work order shall constitute a violation of this chapter.
(2) Emergency Order. Whenever any use or activity in violation of the UDC threatens the health or safety
of occupants of the premises or property, any member of the public or the environment, the
administrator may issue an emergency order directing that the use or activity be discontinued and the
condition causing threat to health and safety or threat and harm to the environment be corrected. The
emergency order shall be served on the person(s) responsible pursuant to JCC 18.50.060(6), which shall
specify the time for compliance, and should be posted in a conspicuous place on the premises, if posting
is physically possible. Failure to comply with an emerBency order shall constitute a violation of this code.
ln the event the administrator issues an emergency order, the voluntary correction procedures of JCC
18.50.050 and the notice and order provisions of JCC 18.50.060 shall not apply. A failure to comply with
an emergency order shall constitute a violation of this chapter. [Ord. 2-06 5 1]
18.50.080 Appeal to hearing examiner.
(1) Appeal. A person to whom a formal notice and order or an abatement order is directed may appeal
such order by filing a written notice of appeal with DCD within 14 calendar days from the date of the
notice and order to the hearing examiner pursuant to the provisions of Chapter 18.40 JCC.
(2) Fee. The appeal shall be accompanied by an appeal fee in an amount set forth by the county
(3) Stay. Any per-day civil penalty shall not accrue during the pendency of such administrative appeal
unless the hearing examiner determines that the appeal is frivolous or intended solely to cause delay.
Enforcement of any formal notice and order or abatement order of the administrator issued pursuant to
this chapter shall be stayed during the pendency of any appeal under this chapter, except when the
administrator issues an emergency order and/or stop work order pursuant to JCC 18.50.070.
(4) Waiver. Failure to file a timely and complete appeal will constitute a waiver of all rights to an
administrative appeal under the UDC.
(5) Administrative Conference. At any time prior to the convening of an appeal hearing of a notice and
order issued pursuant to JCC L8.50.060, an informal administrative conference may be conducted by the
administrator for the purposes of bringing communications between concerned parties and providing a
forum for efficient resolution of any violation. The administrator may call a conference on his or her own
initiative or in response to a request from the appellant. Any person attending this informal
administrative conference agrees that any settlement offer(s), statements or representations made at
that conference by any person or by the administrator shall not be admissible at any subsequent hearing
or proceeding. As a result of information developed at the conference, the administrator may affirm,
modify or revoke the order. lf the order is to be modified, a supplemental notice and order shall be
issued which shall be subject to the same procedures applicable to all notices and orders contained in
this chapter. The administrative conference is optional with the administrator, and is not a prerequisite
to utilization of any of the enforcement provisions described in this chapter.
(6) Notification for appeal hearings shallfollow the notification provisions of JCC 18.40.230. [Ord. 2-06 5
1l
18.50.090 Final order - Enforcement.
ll after any order duly issued by the administrator has become final, the person to whom such order is
directed fails, neglects or refuses to obey such order, including refusal to pay a civil penalty assessed and
later perfected pursuant to such an order, pursuant to JCC 18.50.110, the administrator may, with
assistance from other county agencies if needed:
(1) lnstitute any appropriate action needed to collect a civil penalty assessed under this chapter; and/or
(2) Abate the land use violation using the procedures of this chapter; and/or
(3) Pursue criminal penalties as set forth in JCC 18.50.110; and/or
(4) Pursue any other appropriate remedy at law or equity under this chapter. [Ord. 2-06 5 1]
18.50.100 Suspension and revocation of permits.
(1) Suspension - Cause. The administrator may temporarily suspend any permit issued under the UDC
for:
(a) Failure of the holder to comply with the requirements of any development regulations, or rules
promulgated thereunder; or
(b) Failure of the holder to comply with any order issued pursuant to this chapter; or
(c) lnterference with the administrator in the performance of his/her duties; or
(d) Discovery by the administrator that a permit was issued in error or on the basis of incorrect
information supplied to the county; or
(e) Failure to comply with the conditions and/or mitigation measures of any land use permit
(2) Whenever the administrator finds just cause, permit suspension shall be carried out through the
notice and order provisions of JCC 18.50.060 and shallbe effective upon service of the notice and order,
(3) The holder or operator of the permit may appeal the suspension as provided for by JCC 18.50.080.
(4) Revocation - Cause. The administrator may permanently revoke any permit issued under the UDC for
just cause under subsections (1)(a) through (1Xe)of this section. [Ord. 2-06 5 1]
18.50.110 Civil and criminal penalties.
(1) Civil Penalties. Any person who violates any development regulations, or rules or regulations
adopted under the UDC, or the conditions andlor mitigation measures of any permit issued pursuant to
such ordinance, rule or regulation, or who, by any act or omission procures, aids or abets such violation
shall be subject to civil penalties as provided in this chapter.
(a) Civil penalties may be assessed by the administrator by means of a formal notice and order issued
pursuant to this chapter and may be recovered by legal action filed by the prosecuting attorney.
(b) Civil penalties, once perfected through the appropriate legalaction, shall be collected in the same
manner as judgments in civil actions.
(c) Civil penalties shall be a cumulative penalty in the amount of S100.00 per day for each violation.
Penalties for the second separate violation of a like nature by the same person within a period of two
years shall be double that rate.
(d) Each and every day or portion thereof during which any violation is committed, continued, permitted
or not corrected shall be deemed a violation for purposes of this chapter. Civil penalties for violation of
any formal notice and order to correct the violation, stop work order, emergency order or any other
order issued by the administrator pursuant to this chapter (except an order to secure voluntary
correction) shall begin to accrue on the first day the order is served and shall cease on the day the
violation is actually stopped or the correction is completed.
(e) ln addition to the penalties set forth in this section, violations causing significant damage as defined
by the following acts may also be assessed penalties at an amount reasonably determined by the
administrator to be equivalent to the economic benefit that the violator derives from the violation, as
measured by the greater of the resulting increase in market value of the property or the value received
by the violator, or savings of construction costs realized by the violator:
(i) Grading (filling and/or excavation), clearing of vegetation and trees, and/or draining of riparian
corridors, wetlands and their buffers; or
(ii) Destruction of a historic landmark, or cultural or archaeological artifact as defined by county
ordinance.
(2) Payment of a civil penalty initially assessed pursuant to this chapter does not relieve a person of the
duty to correct or remediate the violation as ordered by the administrator.
(3) ln addition to any other penalty under this chapter, the administrator is authorized to suspend or
revoke any permits issued pursuant to the UDC as further set forth in this chapter.
(4) Criminal Penalties. As a final alternative to any other administrative or legal remedies under this
chapter, any person who willfully or knowingly violates or fails to comply with any stop work order or
emergency order, issued by the administrator pursuant to this chapter, is guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than S1,000 or by imprisonment for not more
than 180 days, or by both such fine and imprisonment. Each day such violation or failure to comply
continues shall be considered an additional misdemeanor offense.
(5) Additional Relief. Notwithstanding other remedies in this chapter, the administrator may seek legal
or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will
constitute a violation of any land use provision or regulations adopted underthe UDC when civilor
criminal penalties are inadequate to effect compliance.
(6) Violator's Liability for Damages. Any person who violates any provisions or any permit issued under
the UDC shall be liable for all damage to public or private property arising from such violation, including
the cost of restoring the affected area to its condition prior to violation. The prosecuting attorney may
bring suit for damages under this chapter on behalf of the county. lf liability has been established for the
cost of restoring an area affected by a violation, the court shall make provision to assure that restoration
will be accomplished within a reasonable time at the expense of the violator. [Ord. 2-06 5 1]
18.50.120 Exception to enforcement and penalties - Land divisions,
The procedures and penalties of this chapter expressly do not repeal and replace the penalties and
enforcement provisions of Chapter 18.35 JCC, Land Divisions, but shall apply only to conditions of final
plat approval. All other enforcement and penalty provisions of Chapter 18.35 JCC, as they now exist or
are later amended, shall remain in full force and effect. [Ord. 2-06 S 1l
18.50.130 Recovery of civil penalty and cost of abatement.
(1) Lien -Authorized. Jefferson County shall have an unperfected lien for any civil penalty imposed or
for the cost of any abatement work done pursuant to this chapter, or both, against the real property on
which the civil penalty was imposed or any of the abatement work performed.
(2) Personal Obligation - Authorized. The civil penalty and the cost of abatement are also joint and
separate personal obligations of any person or entity in violation. The prosecuting attorney on behalf of
the county may collect the civil penalty and abatement work costs by use of allappropriate legal
remedies.
(3) Lien - Foreclosure. The administrator shall cause a claim for lien to be filed for record in the Jefferson
County auditor's office within 90 days of the date when the lien was perfected.
(a)The claim of lien shall contain the following
(a) The authority for imposing a civil penalty or proceeding to abate the violation, or both;
(b) Prooi which may come from the document itsell of the legal perfection of the lien;
(c) A brief description of the civil penalty imposed or the abatement work done, or both, including the
violations charged and the duration thereof, including the time the work is commenced and completed
and the name of the persons or organizations performing the work;
(d) A legal description of the property to be charged with the lien;
(e)The name of the known or reputed owner, and, if not known, the fact shall be alleged; and
(f) The amount, including lawful and reasonable costs for which the lien is claimed.
(5) Verification. The administrator shall sign and verify the claim by oath to the effect that the
administrator believes the claim is just.
(6) Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order
of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment.
Nothing shall prevent the administrator from removing or reducing the civil assessment or lien upon
satisfactory evidence that the violation of this development code has been abated, resolved, or
removed.
(7) Foreclosure. The lien provided by this chapter, once perfected and recorded as a lien against any real
property owned in Washington by the debtor, may be foreclosed and enforced by a civil action in a
court having jurisdiction. All persons who have legally filed claims of liens against the same property
prior to commencement of the action shall be joined as parties, either plaintiff or defendant. [Ord. 2-06
511
PLEASANT HARBOR MASTER PLANIIED RESORT
Title l7
MASTERPLANNED 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
I7.60.010 Authoritv.
This title is adopted oursuant to Chapters 36.70 and 36.704 RCW. and Title 18 JCC.
17.60.020 Title.
The regulations set forth in this title shall be known as the "Pleasant Harbor Master
Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these
rezulations mav be made usine 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
reeulations that comply with and are consistent with the Jefferson Countv Comprehensive Plan
for furure development within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60.040 Additional requirements.
Title l5 and Title l8 of the Jefferson County ma), 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.
17.60.050 Aonlicabilitv.
The provisions ofthis title shall applv to all land all associated water areas and all uses
and structures within the boundary of the Pleasant Harbor Master Planned Resort as depicted on
the official land use map for Jefferson County. Washington.
17.60 060 Exemptions.
The following structures and uses shall be exempt from the regulations of this title. but
are subject to all other applicable local. state and federal regulations including. but not limited to.
the countv buildins ordinance. interim critical areas ordinance. the shoreline management master
oroqram. and the State Environmental Policy Act (SEPA).
-l-
(l) Wires. cables. conduits. vaults. oipes, mains. valves. tanks. or other similar equipment for
the distribution to consumers of teleohone 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 countv franchised utilities including
customary meter pedestals. telephone pedestals. distribution transformers and temporary utility
facilities reouired durins buildins construction. whether any such faciliB is located undereround.
or above-ground: but onl), when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground electrical substations. sewase pump
stations or heatment plants. or potable water storage tanks or facilities. which shall require
conditional use approval in any zone where permitted:(2) Undereround utility eouipment. mailboxes. bus shelters. informational kiosks. public
bicvcle shelters. or similar structure or device which is found by the director of communitv
development to be appropriately located in the public interestl(3) Minor construction activities. as defined b), 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 landscaoed to ensure compatibility with the surrounding
area.(5) Development consistent with a Bindine Site Plan approved by the Countv prior to
adoption of this chapter.
17.60.110 Preexistinq uses and structures.
Existine legal residential and non residential land uses and structues in all zones ofthe
Master Planned Resort are lawful uses and may be continued in a manner consistent with state
law. Titles l5 and I 8 of the Jefferson Countu Code and any other applicable rezulations or
Ordinances.
17.60.120 Provisions bindine on the land.
The orovisions ofthis section shall applv to any subsequent owners. lessees. tenants or
others with an interest in the prope4y subject to the master planned resort (or anv portion or
oarcel thereofl. including but not limited to successors in interest. holders of any recorded
interest recorded subsequent to the MPR approval. community associations. facilitv oroviders
and special service districts operating within the MPR area.
.l 7..6O.130. . .Eq&rcer.ellt
Violations of Title 17. Article II shall complv with the enforcement provisions in Chapter
18.50 Enforcement ofTitle l8 ofthe Jefferson Countv Code.
Chaoter 17.65. Golf Resort (MPR-GR)
17.65.010 Puroose.
The MPR-GR zone provides residential and recreational facilities. as well as commercial
amenities and services associated with the resort and surroundine community. It provides the
cental resort and conference facilities.
Fomatted: Font:8old
-2-
17.65.020 Permitted Uses.(l) Residential uses includine single-famil), and multifamily structures. condominiums.
townhouses. aoartments. lofts. villas. time-share and fractionallv owned accommodations of all
kinds.(2) Short-term visitor accommodations. constituting not less than 65%o of the total residential
units authorized bv Ordinance #01-0128-08. includine. but not limited to hotels. motels. lodees.
and any residential uses allowed under subsection I ofthis section that is made available for
short-term rental.(3) Visitor oriented amenities. including. but not limited to (a) conference and meetins
facilities: (.b) restawants. cafes, delicatessens. pubs. tavems and entertainment associate with
such usesr (c) on-site retail services and businesses tvpically found in destination resorts and
desimed to serve the convenience needs of users and emplovees of master planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds includins. but not limited to. art galleries.
and indoor or outdoor theatersl(5) Indoor and outdoor resort-related recreational facilities. including but not limited to golf
courses (including accessorv structures and facilities, such as clubhouses. practice facilities. and
maintenance facilities). tennis courts. swimmine pools. spa services. hiking trails. bicvcle paths.
rooes courses. amphitheater. and other recreational uses consistent with the nafure of master
olanned resortl(6) Waste water treatment facilities. including heatment Blants. capture. storaee and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater:(7) Public water suoply and related facilitiesl(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supportine the resortl(10) Emergencv services (fire. police. EMS):(11) Medical services: and(12) Other similar uses consistent with the purpose of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Heightrestrictions.
No buildings within the MPR-GR zone shall be erected. enlarged or structurally modified
to exceed 80 feet in height as measured by IBC standards. Undergnound or imbedded parking
shall not be included in any heisht calculations.
17.65.040 Bulk and densifv requirements.
There are no yard or setback provisions intemal to the MPR-GR zone. All structures
shall be set back at least 20 feet from Master Planned Resort boundar.v 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
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from OMHW of Hood Canal as measured under the Shoreline Management Act (Chapter 90.58
RCW) or 25 feet from the top ofthe bank as measured under Chapter 18.22 JCC. whichever is
greater.
17.70.020 Permitted uses.
The following uses are permitted in the MPR-OSR zone:(l) Restoration ofexisting 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 communiw. and provides the central support to the
marina ooerations.
17.75.020 Permitteduses.
The followine uses are permitted in the MPR-MV:(l) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Prosram and associated regulations Chaoter 18.25 JCC:(2) Residential uses includine sinele-familv and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kindsi(3) Marina Villaee related upland mixed use. commercial and service facilities. includins
open parkins 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 saraees. carports. storase buildinss and similar
structures supportins marina and maxitime village uses. fuel service and parkins:(5) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts. swimming pools. marinas. hiking trails. bicycle paths, rooes courses. game center
and other recreational uses consistent with the nature ofmaster planned resort.:(6) Utilities suoporting the resort:(7) Infrasfiucture and buildings. both above and below erould. for the utilities:(8) Emereency services (fire. police. EMS):(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 bv
the Department of Community Development.
17.75.030 Heieht restrictions.
No buildings within the MPR-MV zone shall be erected enlarged or structurally
modified to exceed 35 feet in heieht as measured by IBC standards. Underground or imbedded
oarking shall not be included in any height calculations.
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17.75.040 Bulk and densitv reouirements.
There are no vard or setback provisions intemal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County's Shoreline Master Program as codified 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 an), fufure resort developmenl and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions applv to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of 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 intemal open space.
17.80.030 Resort Plan
@future development of properties in the Pleasant Harbor MPR means
the rezulations. requirements. densities and uses established in the Development Aereement
between the Counf.v and Pleasant Harbor Marina and Golf Resort. LLP dated [I and approved by
Ordinance No. E and as reviewed includes uo to 890 residential units. approximately 70.000
square feet of commercial space. as well as infrastrucfure necessarv to service the development.
17.80.040 Permit orocess for resort development.(l) A project-level supplemental environmental impact statement (SEIS) analvzing
development under the Resort Plan is required prior to issuance of building permits for any new
resort development. The applicant mav choose to develop a new environmental impact
statement rather than a supplement.(2) Notice of apolication for environmental review of the Resort Plan shall be provided to all
persons or agencies entitled to notice pursuant to the land use procedures ofJCC Title 18.(3) Actual building permit plans or construction drawings are not required during the SEIS
process. Architectural drawinss includins a detailed site plan. and axchitectural sketches or
drawings showing approximate elevations. sections. and floor plans are required. however. to
ensure that the SEIS considers proiect-level details.(4) The department of communitv development may impose mitieatins conditions or issue a
denial ofsome or all ofthe Resort Plan based on the environmental review and using authoritv
orovided pursuant to the State Environmental Policv Act. Chapter 43.2IC RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit process for resort develooment.(5) Following completion of the SEIS building permits may be issued. following approoriate
olan review. for projects analyzed in the SEIS.
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(6) Actual resort development may be undertaken in phases. but onl], following comoletion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposed as part ofthe environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.
( I ) All oroject 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 construction. A EIS or SEIS is not required if existins environmental
documents adequately address environmental conditions as set forth in RCW 43.21C.034.(2) The scope ofan SEIS orepaxed under this section shall address environmental issues
identified in the Proerammatic FEIS issued November 2007. together with such additional
requirements as a project specific aoplication may raise. The scope shall not change the
standards ofapproval. however. as set forth in the development asreement and these
development reeulations.(3) The utiliry element ofany 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 monitorine. The effectiveness of such monitorine
shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be
considered ifnecessary to ensure that water quality and water supply 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 ofdetail may be
included based on information available at the time the Resort Plan development application is
submitted. Elements noted above ma], be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially simificant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.(l) Any proposed enlargement 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 scope ofthe revision processes described below and in JCC 17.80.070
and 17.80.080. The Countv may approve an amendment to the Comorehensive Plan only if all
reouirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.(2) The County shall accept buildine permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the countv for
approval prior to the acceotance ofanv proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval ofa revision. all subseouent 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 communi8
development and the DCD director will determine whether the prooosal constitutes a major or
minor revision. Uoon making a determination the oroposed revision shall follow the appropriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
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17.80.070 Minor revisions.(1) Minor Revisions. The coun8 recosnizes that the Resort Plan mav require minor changes
to facilities and services in response to changine conditions or market demand and that some
degree of flexibilitv for the resort is needed. Minor revisions are those that do not result in a
substantial chanee to the intent or purpose ofthe Resort Plan in effect. A chanee that satisfies
the following 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 gross square
footage ofthe Resort Plan:(b) Will not have a sierificantly sreater impact on the environment and/or facilities
than that addressed in the development plan:
(c) Do not alter the boundaries ofthe approved plan:
(d) Do not propose new uses or uses that modiff the recreational nature and intent of
the resort.
A chanee to the Resort Plan ma), still qualifr as a minor revision under this section despite its
failure to satisff one or more ofthe conditions (a) throueh (d) ofthis section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and
reviewed by the Jefferson County department of communiw development to determine if the
revisions are consistent with the existine Resort Plan and Resort Plan SEIS. the Jefferson Countv
Comprehensive Plan and other oertinent documents. Those proposals that satisft the above-
referenced criteria shall be deemed a minor plan revision and may be administratively aporoved
(as a Type II decision under the land use procedures ofJCC Title 18. Unified Development
Code) by the director of the department of communitv development. Public notice of the
application. the written decision. and aopeal opportunities shall be orovided to all persons or
aeencies as required by the land use procedures of JCC Title 18. Unified Development Code.
Those revisions that do not comply with the provisions contained within this section shall be
deemed a major revision. subject to the provisions outlined in JCC 17.80.080.
17.80.80 Maior revisions.
Revisions to the Resort Plan that will result in a substantial chanee to the resort
includins: changes in use. increase in the intensitv ofuse. or in the size. scale. or density of
development: or changes which mav 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 preoared
describing the oroposed revision in relation to the approved Resort Plan and oroviding a
framework for review. analysis and mitisation of the revised development activit-v oroposed. The
Resort Plan revision proposal shall include the following information:(a) A descriotion of how the revised Resort Plan would further the eoals 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 descriotion of the desim and functional features of the Resort Plan revision.
setting out how the revision orovides for unified development. integrated site design and
orotection 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 resort. 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 anal),sis of the environmental impacts associated with the
proposed revision. includine an analysis of the cumulative imoacts of both the proposed
revision and the aoproved 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 greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:(e) A description ofthe intended phasing ofdevelopment orojectsl(h) Maps. drawings. illushations. or other materials necessary to assist in
understanding and visualizing the design and use ofthe completed proposed
development. its facilities and services. and the protection of critical areas:(i) A calculation ofestimated new demands on capital facilities and services and
their relationship to the existine resort and MPR demands. including but not limited to
transportation. water. sewer and stormwater facilities: and a demonstration that sufficient
facilities and services to suoport the development are available or will be available at the
time develooment permits are apolied for.(2) Major Revision Process. Maior revisions shall be processed as a hearine examiner
decision (Type III). with a required public hearing prior to the decision. Public notice ofthe
application. 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 agencies as reouired
bv the land use procedures of JCC Title 18. Unified Development Code. Any proposed major
revision involvins a change to the boundaries of the MPR zone shall require a Comorehensive
Plan amendment (a Type V countv commissioners decision) prior to any decision on the Resort
Plan amendment.(3) Decision Criteria. The hearine examiner may approve a maior 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 impacts would be
created by the proposed revisionl(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
mitieated:
(e) The proposed revision complements the existins resort facilities, meets the needs
ofresidents and patrons. and provides for unified development. intesrated site design.
and protection of nafural amenities.
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Title I8
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.704.360, 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 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 flfSlenly existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
desigrated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions ofJCC Title 17. The master planned resort ofPort 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 ofPort
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 officially designated 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 marinalN4aritime Villaee and associated housing north
ofBlack Point Road. The resort is oredominately designed to serve resort and recreation uses and
has only limited fulltime occuoancy. The resort is served by the Brinnon Rural Center. which
accommodates LAMIRD-scale commercial uses servins the resort and local population. The
master olarured 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 orivate codes. covenants and restrictions.
18.f 5.1f 5 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The officially designated master planned resorts in the county qgis the Port
Ludlow MPR and the Pleasant H , provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.704.362 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 planned 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 ofrecreational users to enjoy. New master planned resorts authorized by RCW
36.704.360 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 mastfl planned resort consistent with the Comprehensive Plan policies and RCW
36.704.360.
18.15.f8 Allowableuses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.704.360:
(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 ofthe 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 hails, 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 strucfures to serve as sales offrces.(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 36.704.360.
18.f 5.126 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 ofthe MPR and a discussion ofhow 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 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 op€n space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(f) 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 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 ofthe development will be available, and that
concurency requirements of the Comprehensive Plan will be met.
(D 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 ofa 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 retaiVcommercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, and other development conditions; and
(0 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
resortlandusedesignation,pursuanttotherequirementsofJCC 18.45.040;provided,thatthe
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 concurent
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 ofa master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.704.110.
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:
(l) A draft ofthe master plan shall be prepared to meet the requirements ofJCC
18. ls.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 (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 g U
18.15.132 Decision-making authority.
(t) 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 criteri4 then the
application shall be denied.
( I ) 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 infrastructure, 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 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, .rs 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 beffer 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 PertsLudlorry Master Planned Resort.
The Pe+Ludlorv 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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