HomeMy WebLinkAbout106Michelle Farfan
From:
Sent:
To:
Subject:
Attachments:
Garth Mann <Garth.Mann@statesmangroup.com >
Wednesday, November 11, 2015 L0:03 PM
David W. Johnson
FW: Revised Final Draft 2015 09 28 Pleasant Harbor Zoning Code-one more DA review
Revised Final Draft 2015 09 28 Pleasant Harbor Zoning Code-one more DA review.docx
David
Please note that JT Cooke was OK with the addition to the Ordinances
Garth
M. Garlh Mann
President & C.E.O
Statesman Group of Companies
Direct: 403.686.8371
Email: garth@statesman.ca
From: David W. Johnson [ma ilto :djohnson @co.jefferson.wa. us]
Sent: Tuesday, November 10, 2015 11:1.0 AM
To: Jt Cooke <jt@houlihan-law.com>; Garth Mann <Garth.Mann@statesmangroup.com>
Cc: David W. Joh nson <djoh nson @co.jefferson.wa. us>
Subject: FW: Revised Final Draft 2015 09 28 Pleasant Harbor Zoning Code-one more DA review
JT,
Attached are David Alvarez' edits to the proposed code change for enforcement.
Thanks !
From: David Alvarez
Sent: Tuesday, November 10, 2015 10:00 AM
To: David W, Joh nson <diohnson @co. iefferson.wa. us>
Cc: David Goldsm ith <DGoldsm ith @co. iefferson.wa.us>
Subject: Revised Final Draft 2015 09 28 Pleasant Harbor Zoning Code-one more DA review
Davids:
I have made two comments and two revisions (at same locations) to this MPR code.
As a slde note, it is probably time to entirely revamp the enforcement provisions of
Title 18, what used to be called the UDC. I wrote JCC Chapter 18.50 when I was new to
Washington, and may have made it overly complex. Realize the Planning Commission has
much on its plate.
1
David Alvarez
PLEASANT HARBOR MASTER PLANNED RESORT
Title 17
MASTER PLANNED RESORTS
Title 17. Article I. Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17. Article II. Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60. General Provisions
17.60.010 Authoritv.
This title is adooted pursuant to Chaoters 36.70 and 36.704 RCW. and Title 18 JCC.
17.60.020 Title.
The resulations 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
17.60.030 Purpose and intent.
The ourpose 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 may supplement the regulations presented in
this Article in accordance with the terms and conditions of the Development A$eement entered
into between Jefferson Countv and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Applicabilitv.
The provisions ofthis title shall apply to all land all associated water areas and all uses
and structures within the bounda{y 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 aoplicable local. state and federal rezulations includins. but not limited to.
the county buildine ordinance. interim critical areas ordinance. the shoreline manaeement master
program. and the State Environmental Policy Act (SEPA).
ComtnenEd [DAll: Almys better to rcquire a citstion to the
JCC Secion nor the Ordinue s@tion. The Ordimce is like a bill
ed the JCC Sectiotr is Etse it is found in the statutB, in this 6e
the county code.
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(l) Wires. cables. conduits. vaults. pipes, mains. valves. tanks. or other similar eouioment for
the distribution to consumers of telephone or other communications. electricitv. gas. or water or
the collection of sewase. or surface or subsurface water operated or maintained bv a
govemmental entity or a public or private utilitv or other county franchised utilities including
customar.v meter pedestals. telephone pedestals. distribution hansformers and temporary utilitv
facilities required during buildine construction, whether any such facility is located underqround.
or above-ground: but only when such facilities are located in a street right-of-wav or in an
easement. This exemption shall not include above-ground electrical substations. sewage pump
stations or treatment plants. or potable water storase tanks or facilities. which shall require
conditional use approval in any zone where permitted:
(2) Undereround utility eouipment. mailboxes. bus shelters. informational kiosks. oublic
bicycle shelters. or similar structure or device which is found by the director of communiil
development to be appropriately located in the public interest:(3) Minor conshuction activities. as defined bv the IBC. Section 106.2 and structures exempt
under Chaoter 15.05 JCC. as amended:(4) Stormwater detention facilities associated with and accessory to new development are
permitted in all zones. Any above-ground detention facility or pond shall be screened from the
public right-of-way or aporopriately landscaped to ensure compatibility with the sunoundine
area.(5) Development consistent with a Bindine Site Plan approved by the Countv prior to
adootion of this chaoter.
17.60.110 Preexistins uses and structures.
Existins lesal 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 Count-y Code and any other applicable regulations or
Ordinances.
17.60.120 Provisions bindine on the land.
The provisions ofthis section shall aoply to an), subsequent owners. lessees, tenants or
others with an interest in the property subject to the master planned resort (or any portion or
parcel thereofl. including but not limited to successors in interest. holders ofany recorded
interest recorded subsequent to the MPR aporoval. communitv associations. facility providers
and special service districts operating within the MPR area.
h.?..$J.!.lg--....Es.f.erpett,.ee t
Tthe enforcement provisions codified
in Chapter 18.50 Enforcement ofTitle l8 ofthe Jefferson Countv Code as currently enacted or
as hereafter amended shall aoolv to anv alleeed violation of Title 17. Article II. more commonlv
knor"r, ^ th. "Pl.r.*t H*ffiFR-ffill
Formatted: Font: Bold
C,ommenH Revised ud
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Chapter 17.65. Golf Resort (MPR-GR)
17.65.010 Purpose.
The MPR-GR zone provides residential and recreational facilities. as well as commercial
amenities and services associated with the resort and surrounding communitv. It provides the
central resort and conference facilities.
17.65.020 Permitted Uses.(l) Residential uses including sinele-family and multifarnilv structures. condominiums.
townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all
kinds.(2) Short-term visitor accommodations. constitutine not less than 65yo of the total residential
units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges.
and anv 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 meeting
facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associate with
such uses: (c) on-site retail services and businesses tlnically found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds includine. but not limited to. art galleries.
and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to eolf
courses (including 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 nature ofmaster
planned resort:(6) Waste water fieatment facilities. including treatment 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 supply and related facilities:(8) Public facilities and services as defined in JCC 18.10.1601(9) Utilities supporting the resort:(10) Emergency services (fire. police. EMS):
(l l) Medical services: and(12) Other similar uses consistent with the purpose of this zone and MPR as determined bv the
Department of Communitv Develooment.
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17.65.030 Heieht restrictions.
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. Underground or imbedded parking
shall not be included in any 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 boundar.v lines and adjacent MPR
zones. Minimum building setback fiom State Route l0l is 50 feet.
Chapter 17.70. Onen Space Reserve (MPR-OSR )
17.70.010 Purpose.
The ourpose 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
from OMHW of Hood Canal as measured under the Shoreline Manaeement Act (Chapter 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 following uses are permitted in the MPR-OSR zone:(1) Restoration of existine development intrusions (roads. campsites) to theit natural ore-
develooment state: and(2) Passive recreation that does not reduce the forest canopv. increase stormwater discharge
or blufferosion.(3) Those uses consistent with the Shoreline Master Proeram JCC 18.25
Chanter 17.75. Marina Villaee (MPR-MV)
17.75.010 Purnose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina portion of the resort and surrounding communitv. and provides the central support to the
marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:(l) Marina and overwater structures as approved thoush the Jefferson Countv Shoreline
Master Proeram and associated rezulations Chaoter 18.25 JCC:
(2) Residential uses including single-family and multifamil), structures. condominiums. time-
share and fractionally owned accommodations of all kinds!(3) Marina Villaee related uoland mixed use. commercial and service facilities. including
open parking lots. restaurants and shops. as well as marine service facilities. marina office. yacht
club and recreation facilities servine the resort and the Marina:(4) Accessory uses and structures. such as garaqes. carports. storaee buildinss and similar
structures supporting marina and maritime village uses. fuel service and parking:
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(5) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts. swimmine pools. marinas. hiking frails. bicycle paths. ropes courses. same center
and other recreational uses consistent with the nature of master planned resort.:
(6) Utilities supporting the resortl(7) Infrastructure and buildinss. both above and below ground. for the utilities:
(8) Emereency services (fire. police. EMS):
(9) Public facilities. and services serving the MPR-MV zonel
(10) Medical services: and(10) Other similar uses consistent with the purpose of the this zone and MPR as determined by
the Department of Communitv Development.
17.75.030 Heisht 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
parking shall not be included in any heieht calculations.
17.75.040 Bulk and density requirements.
There are no yard or setback provisions intemal to the MPR-MV zone. All new
stnrctures located within shoreline jurisdiction shall comply with the setback requirements of the
CounB's Shoreline Master Program as codified at Ch. 18.27 JCC
Chaoter 17.80. Pleasant Harbor Resort Development
17.80.010 Resort development.
This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review process for any future resort development. and orovides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 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
oercent of the total units. The Pleasant Harbor MPR in total shall have a develooment cao of
70.000 square feet ofresort commercial. retail. restaurant and conference space. not including
lobbies and internal open space.
17.80.030 Resort Plan
@future develooment of properties in the Pleasant Harbor MPR means
the regulations. requirements. densities and uses established in the Development Agreement
between the Count-v and Pleasant Harbor Marina and Golf Resort. LLP dated I and approved b],
Ordinance No. I and as reviewed includes up to 890 residential units. approximately 70,000
square feet of commercial space. as well as infrastrucfure necessary to service the development.
17.80.040 Permit process for resort development.
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(l) A project-level supplemental environmental impact statement (SEIS) analyzing
develooment under the Resort Plan is required prior to issuance of buildine permits for anv new
resort development. The applicant mav choose to develop a new environmental imoact
statement rather than a supplement.(2) Notice of application for environmental review of the Resort Plan shall be orovided to all
persons or aeencies 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
orocess. Architectural drawings including a detailed site plan. and architectual sketches or
drawinss showing approximate elevations. sections. and floor plans are required. however. to
ensure that the SEIS considers project-level details.(4) The deoartment of communitv development may impose mitigating conditions or issue a
denial of some or all ofthe Resort Plan based on the environmental review and using authoritv
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) Followine completion of the SEIS building permits may be issued. followine appropriate
plan review. for projects analyzed in the SEIS.(6) Actual resort development mav be undertaken in phases. but only following completion
of review and aoproval of a full resort buildout plan throush the SEIS process. A ohasine
schedule mav be proposed as part ofthe environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan develooment.(l) All proiect level applications will be eiven an automatic SEPA threshold Determination
of Significance 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 prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007. together with such additional
requirements as a proiect specific application mav raise. The scope shall not change the
standards ofapproval. however. as set forth in the development aereement and these
develooment re gulations.(3) The utilitu element of any subsequent ohase environmental review pertainine to the
Pleasant Harbor MPR shall review information on all affected utility systems. includine sewer
and water systems and the results of reouired monitoring. The effectiveness of such monitoring
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 adeouatelv orotected
and impacts to natural resources minimized.(4) Any preliminary scope for future development within the Pleasant Harbor MPR is based
on the described Resort Plan. Other elements. issues. and specific levels of detail mav be
included based on information available at the time the Resort Plan development application is
submifted. Elements noted above may be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially significant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.
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(l) Any proposed enlargement to the Pleasant Harbor MPR boundary or zone changes within
the MPR shall require a Comprehensive Plan amendment and related zonins action. Such
chanees are outside the scope ofthe revision processes described below and in JCC 17.80.070
and 17.80.080. The County may approve an amendment to the Comprehensive Plan only if all
requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are fulfilled.(2) The Countv shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval of a revision. all subsequent development proposals shall be
consistent with the revised Resort Plan and development regulations.(3) Prooosed revisions to the Resort Plan shall be submitted to the department of communitv
development and the DCD director will determine whether the proposal constitutes a major or
minor revision. Upon making a determination. the proposed revision shall follow the approoriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.(1) Minor Revisions. The countlz recosxizes that the Resort Plan mav require minor chanses
to facilities and services in response to changing 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 purpose ofthe Resort Plan in effect. A chanee that satisfies
the followine criteria shall be deemed a minor revision for purposes of this chaoter:(a) Involve no more than a ten (10) percent increase in the overall $oss souare
footage ofthe Resort Plan:(b) Will not have a sienificantly 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 prooose new uses or uses that modift the recreational nature and intent of
the resort.
A change to the Resort Plan may still qualift as a minor revision under this section despite its
failure to satisfu one or more ofthe conditions (a) through (d) ofthis section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and
reviewed bv the Jefferson Counil department of communiW development to determine if the
revisions are consistent with the existing Resort Plan and Resort Plan SEIS. the Jefferson Count-y
Comprehensive Plan and other pertinent documents. Those proposals that satisil the above-
referenced criteria shall be deemed a minor plan revision and mav be administratively aooroved
(as a Tvpe 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 appeal opportunities shall be orovided to all persons or
aeencies as required bv 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 change to the resort
including: chanees in use. increase in the intensity ofuse. or in the size. scale. or density of
development: or changes which may have a substantial impact on the environment beyond those
-7-
reviewed in previous environmental documents. are considered to be major revisions and will
require application for a revised Resort Plan.(l) Aoplication for a Major Revision to the Resort Plan. An aoplication shall be preoared
describing the proposed revision in relation to the approved Resort Plan and providing a
framework for review. analysis and mitigation of the revised development activitv proposed. The
Resort Plan revision proposal shall include the following information:(d A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR:(c) A description of the desien and functional features of the Resort Plan revision.
settins out how the revision provides for unified development. integrated site desisn and
protection of natural amenities:(d) A listing ofproposed additional uses and,/or oroposed changes to density and
intensitv of uses within the resorl and a discussion of how these changes 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
oroposed revision, including an analysis of the cumulative impacts 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 inteerated with the
overall Pleasant Harbor MPR and any features. such as connections to trail systems.
natural systems or sreenb€lts. that have been established to retain and enhance the
character of the resort and the overall MPR:(e) A description ofthe intended ohasing ofdevelopment projects:(h) Maps. drawines. illustrations. or other materials necessary to assist in
understandine and visualizine the desigl and use ofthe completed proposed
development. its facilities and services. and the protection of critical areas:(i) A calculation ofestimated new demands on caoital 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 development permits are applied for.(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III). with a required oublic hearing orior to the decision. Public notice ofthe
aoplication. 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 oersons or agencies as required
by the land use procedures of JCC Title 18. Unified Develognent Code. Any proposed major
revision involving a chanse to the boundaries of the MPR zone shall require a Comorehensive
Plan amendment (a Tvoe V county commissioners decision) prior to any decision on the Resort
Plan amendment.
(3) Decision Criteria The hearing examiner mav approve a major revision to the Resort Plan
only if all the following criteria are met:(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan:
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(b) No unmitigated probable significant adverse environmental impacts would be
created by the proposed revision:(c) The revision is consistent with all apolicable development regulations. includine
those established for critical areas:(d) On-site and off-site infrastructure (includins but not limited to water. sewer.
storm water and transportation facilities) impacts have been fully considered and
mitieated:(e) The proposed revision complements the existing resort facilities, meets the needs
ofresidents and patrons. and provides for unified development. integrated site desisn.
and protection of natural amenities.
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Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only ifthe residential uses are integrated into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The lfqtealy 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 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 marin4 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 restrictions.
(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second oflicially 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 subject to
the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by a golf course resort
facility south of Black Point Road and a maxina,tvlaritime Village and associated housins north
ofBlack Point Road. The resort is predominately desiened to serve resort and recreation uses and
has only limited full-time occupanc),. The resort is served by the Brinnon Rural Center. which
accommodates LAMIRD-scale commercial uses serving the resort and local pooulation. The
master olanned resort's intemal regulations and plannine restrictions such as codes. covenants
and restrictions may be more reshictive than the requirements in JCC Title 17. However.
Jefferson Count-v 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 en{y-e;tisting officially designated master planned resorts in the county glgis the Port
Ludlow MPRaudlhe Pleasant Harbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.3 62 rcgarding designation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.704.360
pgrtaining 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 I 8.45.080.
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f8.15.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 oppornrnity 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 ofcounty commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70/..360.
18.15.123 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 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 strucfures 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 athact
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 types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(D 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 suffrcient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.708.170 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 retaiVcommercial 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 36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements 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 mastff 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.
18.15.129 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. l 5.126(l).
(2) A request for authorization ofa development agreement, pursuant to the requirements of
JCC 18.15.126(2) and tuticle 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 $ l]
18.15.132 Decision-making authority.
(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-specific 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 criteria, 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 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, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7\ All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements md 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 Per+Ludlor+ Master Planned Resort.
The Pe+tudl,o+v 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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