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HomeMy WebLinkAbout135{ STATE OF IVASHilGTOI{ DEPARTMENT OF COMMERCE l0l1 Pltn SreerSE . frgar 12525 . Olyntic, 1fisffinw C8fi1-25?5 . PAqTzWnyiff.c(mmarca.n,gw December 10, 2015 David Johnson Associate Planner Jefferson County 621 Sheridan Street Port Townsend, Washington 98368 Dear Mr. Johnson: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. County of Jeffercon - Proposed amendment to the GMA implementing Regulations Title 17 Article !l and Chapter 18.15 of the county code for the establishment of zoning and development regulations for the Pleasant Harbor Master Planned Resort. These materials were received on December 10, 2015 and processed with the Material lD # 21894. We have forwarded a copy of this notice to other state agencies. lf this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. lf you have submitted this material as a draft amendment, then final adoption may occur no earlier than February 08, 2016. Please remember to submit the final adopted amendment to Commerce within ten (10) days of adoption. lf you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 4344491. Sincerely Review Team Growth Management Services \ Department of Commerce lnnovation is in our nature. Notice of lntent to Adopt Amendment 60 Days Prior to Adoption lndicate one (or both, if applicable): tr Comprehensive Plan AmendmentX DevelopmentRegulation Amendment Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of intent to adopt a proposed comprehensive plan amendment and/or development regulation amendment under the Growth Management Act. Jurisdiction:Jefferson County Mailing Address:621 Sheridan St. Port Townsend, WA 98368 Date:'42t10t2015 Contact Name:David Wayne Johnson Title/Position Associate Planner Phone Number:360-379-4465 E-mailAddress:dwjoh nso n@co.jeffarson.wa. us Brief [lescrlptlon of the Propoaed/Draft Amendment: lf this drafr amendment is provided to supplement an exiding 6hday notice already submitted, then please provide the date the original notice was submifred andthe Commerce Mateial lD number located in your Commerce acknowledge ment I ette r. Proposed amendment to GMA lmplementing Regulations Title 17 Article ll, and Chapter 18.15 of the Jefferson County Code for the establishment of zoning and development regulations fur the Pleasant Harbor Master Planned Resort. ls Oris action part of the echeduled rcview and updab? GMA rcquires review every I years under RCW 36.70A. 1 304l-(d. Yes: _ No: X Publlc Hearlng Date:Planning BoardlCommission: 1l6,nfl6 Council/County Commission: To Be Determined Proposed Adoption Date:March 2016 Rev 0312015 REQUIRED: Attach or include a copy of the proposed amendment text or document(s). We do not accept a website hyperlink requiring us to Etrieve extemal documents. Jurlcdictlons muct submit thc actual document(s) to Commerce. lf you experience difficulty, please contact reviewteam@commerce.wa.oov. Rev 03/2015 PLEASANT HARBOR MASTER PLATII\iED RESORT Title 17 MASTER PLANNED RESORTS Title 17. Article I. Port Ludlow MPR Chapters 17.0$17.50 No change Title 17. Article II. Pleasant Harbor MPR (17.60-17.80) Chanter 17.60. General Provisions 17.60.010 Authoritv. This title is adopted pursuant to Chapters 36.70 and 36.70,4' RCW. and Title l8 JCC. 17.60.020 Title. The reeulations 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 resulations shall be made usins the applicable JCC section number. 17.60.030 Purpose end intent. The puroose and intent of the Pleasant Harbor MPR code is to set forth development requlations that comply with and are consistent with the Je{ferson Count}, Comprehensive Plan for future develonment 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 reeulations presented in this Article in accordance with the terms and conditions of the Development Agreement entered into berween Jefferson County and Pleasant Harbor Marina and Golf Resort. LLP. 17.60.050 Aoplicabilitv. The provisions of this title shall applv to all land. all associated water areas and all uses and structures within the boundar.v of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson Countv. Washineton. 17.50 050 Exemntions. The followinc structures and uses shall be exempt from the regulations of this title. but are subject to all other applicable local. state and federal regulations includinq. but not limited to. the county building ordinance. interim critical areas ordinance. the shoreline manaeement master proeram. and the State Environmental Policy Act (SEPA). I (l) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for the distribution to consumers of telephone or other communications. electricity. gas. or water or the collection of sewaqe. or surface or subsurface water operated or maintained by a ggvemmental entity or a public or nrivate utility or other county franchised utilities including customary meter pedestals. telephone oedestals. distribution transformers and temporary utility facilities required during buildinc construction. whether anv such facility is located undersround. or above-sround: but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-qround electrical substations. sewage pumo stations or treatment plants. or potable water storage tanks or facilities. which shall require conditional use approval in any zone where permitted: (2) Undereround utilitv equipment. mailboxes. bus shelters. informational kiosks. public bicvcle shelters. or similar structure or device which is found b), the director of community development to be aopropriately located in the public interest: (3) Minor construction activities. as defined by the IBC. Section 106.2 and structures exernpt under Chapter 15.05 JCC(4) Stormwater detention facilities associated with and accessory to new development are permitted in all zones. Anv above-ground detention facililv or pond shall be screened frorn the public right-of-wav or appropriately landscaoed to ensure compatibility with the surrounding area.(.5) Development consistent with a Binding Site Plan aoproved by the County prior to adootion of this chapter. 17.60.110 Preexistins uses rnd structures. Existins leqal residential and non residential land uses and structures in all zones of the Master Planned Resort are lawful uses and mav be continued in a manner consistent with state law. Titles 15 and l8 of the Jefferson Countv Code and anv other aoplicable reculations or Ordinances. 17.6t0.120 Provisions bindine on the land. The provisions of this section shall apply to any subsequent owners. lessees. tenants or others with an interest in the property subject to the master planned resort (or any portion or pgrcel thereo0. includins but not limited to successors in interest. holders of any recorded interest recorded subsequent to the MPR approval. community associations. facility providers and special service districts operating within the MPR area. 17.50.130 Enforcement The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the Jefferson County Code as currentl), enacted or as hereafter amended shall apply to any alleeed violation of Title 17. Article II. more commonlv known as the "Pleasant Harbor MPR Code." Chapter 17.65. Golf Resort (MPR-GR) U.55.010 Purnose. The MPR-CR zone provides residential and recreational facilities. as well as commercial amenities and services associated with the resort and surrounding community. It provides the central resort and conference facilities. -2- 17.65.020 Permitted Uses.(l) Residential uses includinc single-family and rnultifamily structures. condominiums. townhouses. apartments. lofts. villas. time-share and fractionall], owned accommodations of all kinds. (2) Short+erm visitor accommodations. constituting not less than 6504 of the total residential units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges. and anv residential uses allowed urndcrsubscction I of this section that is made available for short-term rental.(3) Visitor oriented amenities. includinc. but not limited to (a) conference and meetine facilities: (b.) restaurants. cafes. delicatessens. pubs. tavems and entertainment associate with such uses: (c) on-site retail services and businesses typically found in destination resorts and desisned to serve the convenience needs of users and emplovees of master plaffied resort: and (d) recreation business and facilitiesl(4) Cultural and educational facilities of all kinds including. but not limited to. art calleries. and indoor or outdoor theaters:(,5) Indoor and outdoor resort-related recreational facilities. includinq but not limited to qolf 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 of master olanned resort: (6) Waste water treatment facilities. including treatment plants. capture. storage and transmission facilities to serve a reuse/recycle proeram for on-site treatment and use/reuse of waste water and stormwater:(il Public water supply and related facilities: (8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supportine the resort:(10) Emereenc), services (fire. police. EMS): (l l) Medical services: and(12) Other similar uses consistent with the pu{pose of this zone and MPR as determined b}, the Department of Communit), Development. 17.55.030 Heishtrestrictions. No buildings within the MPR-GR zone shall be srected. enlareed or structurally modified to exceed 80 feet in height as measured by IBC standards. Undersround or imMded narkine shall not be included in anv height calculations. 17.65.040 Bulk and density requirements. There are no yard or setback provisions internal to the MPR-GR zone. All stnrctures shall be set back at least 20 feet from Master Planned Resort boundary lines and adjacent MPR zones. Minimum buildinq setback from State Route l0l is 50 feet. Chapter 17.70. Open Soace Reserve (MPR-OSR ) 17.70.010 Purpose. -3- 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 from OMHW of Hood Canal as measured under the Shoreline Manaqement 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 followins uses are permitted in the MPR-OSR zone:(1) Restoration of existing development intnrsions (roads. camosites) to theit natural pre- development state: and (2) Passive recreation that does not reduce the forest canopy. increase stormwater discharge or blulf erosion.(3) Those uses consistent with the Shoreline Master Program JCC 1E.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 surroundine communitv. and provides the central support to the marina ooerations. 17.75.020 Permitted uses. The followine uses are permitted in the MPR-MV:(l) Marina and overwater structures as approved throueh the Jefferson Countv Shoreline Master Program and associated regulations Chapter 18.25 JCC: (2) Residential uses includine sinele-famil), and multifamily structures. condominiums. time- share and fractionally owned accommodations of all kindsi(3) Marina Village related upland mixed use. commercial and service facilities. including open parking lots. restaurants and shops. as well as marine service facilities. marina office. yacht club and recreation facilities serving the reson and the Marina:(4) Accessory uses and stnrctures. such as earages. carports. storace buildings and similar structures supponing marina and maritime villaee uses. fuel service and parkine:(5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming oools. marinas. hiking trails. bicvcle paths. ropes courses. game center and other recreational uses consistent with the nature of master planned resort.:(6) Utilities supnorting the resort:(il Infrastructure and buildinqs. both above and below eround. for the utilities:(8) Emergencv services (fire. Dolice. EMS):(9) Public facilities. and services servine the MPR-MV zone:(10) Medical services: and(10) Other similar uses consistent with the pumose of the this zone and MPR as determined bv the Deoartment of Communit), Development. 17.75.030 Heicht restrictions. -4- No buildines within the MPR-MV zone shall be erected. enlarged or structurall), modified to exceed 35 feet in height as measured b.rr IBC standards. Undereround or imbedded parking shall not be included in any height calculations. 17.75.040 Bulk and densitv reouirements. There are no vard or setback provisions intemal to the MPR-MV zone. All new stnrctures located within shoreline jurisdiction shall comply with the setback requiremelts of the Counw's Shoreline Master Proeram as codified at Ch. 18.27 JCC Chapter 17.E0. Pleasant Harbor Resort Develonment 17.E0.010 Resort develonment. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for anv future resort development. and provides processes for reviewing maior or minor revisions to the Resort Plan. These provisions appl), to all resort and associated development within the Pleasant Harbor MPR. 17.80.020 Develooment cap. The Pleasant Harbor MPR in total shall have a development cap of 890 residential units orovided. 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 develonment cap of 70.000 square feet of resort commercial. retail. restaurant and conference space. not includine lobbies and intemal open space. 17.80.030 Resort Phn The Resort Plan for future develooment of properties in the Pleasant Harbor MPR means the regulations. reouirements. densities and uses established in the Development Agreement between the County and Pleasant Harbor Marina and Golf Resort. LLP dated I and approved by Ordinance No. [] and as reviewed includes up to 890 residential units. approximatelv 70.000 square t'eet of commercial space. as we ll as infrastructure necessarv to service the develooment. 17.80.040 Permit nrocegs for resort develonment.(l) A oroject-level suoplemental environmental impact statement (SEIS) analyzine development under the Resort Plan is required prior to issuance of building permits for any new resort development. The applicant ma:l, choose to develop a new environmental impact statement rather than a supplement. Ol Notice of application for envirsoxlentalrqvlew ofthe Resort Plan shall be orovided to all trrsons or agencies entitled to notice pursuant to the land use procedues of JCC Title 18. (3) Actual buildine permit plans or construction drawinss are not required during the SEIS process. Architecnral drawines including a detailed site plan. and architectual sketches or drawinss showinq aqproximate elevations. sections. and floor plans are requircd. however. to ensure that the SEIS considers proiect-level details.(4) The department of communit), development may impose mitigating conditions or issue a denial of some or all of the Resort Plan based on the environmental review and using authoritv -5- provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the nermit process for resort development. (5) Followins completion of the SEIS building permits may be issued. following appropriate olan review. for proiects analrrzed in the SEIS. (6) Actual resort development may be undertaken in phases. but only followine comoletion of review and approval of a full resort buildout plan through the SEIS process. A phasing schedule may be oroposed as part of the environmental review or may be develooed at a later date. 17.t0.050 Environme(l) All orojg:t level applications will be given an automatic SEPA tlreshold 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 existing environmental documents adequately address environmental conditions as set forth in RCW 43.21C.034.(2) The scope of an SEIS orepared under this section shall address environmental issues identified in the Procrarnmatic FEIS issued November 2007. together with such additional requirements as a project soecific aoolication may raise. The scooe shall not change the standards of approval. however. as set forth in the development agreement and these development re gulations. (3) The utility element of anv subseouent ohase environmental review pertaining to the Pleasant Harbor MPR shall review information on all affected utilit), systems. includinc sewer and water systems and the results of required monitorins. The effectiveness of such monitorins shall be evaluated. Supplements or chanees to the monitorine and reportine svstems shall be considered if necessar.v to ensure that water oualitv and water supply are adequately protected and impacts to natural resources minimized. (4) Any preliminarv scope for future development within the Pleasant Harbor MPR is based on the described Resort Plan. Other elements. issues. and specific levels of detail may be included based on information available at the time the Resort Plan development application is submitted. Elements noted above may be combined in the EIS analysis to reduce duplication and narrow the focus on potentially significant adverse environmental impacts. 17.80.060 Revisions to Resort Plan. (l) Any proposed enlargement to the Pleasant Harbor MPR boundary or zone chanees within the MPR shall require a Comprehensive Plan amendment and related zoning action. Such changes are outside the scope of the revision processes described below and in JCC 17.80.070 and 17.80.080. The Countv may approve an amendment to the Comprehensive Plan only if all requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.(2) The County shall accept buildins permits onl), for projects included in and consistent with the Resort Plan. A revision to the existins Resort Plan shall be submitted to the county for approval prior to the acceptance of anv prooosal that is inconsistent with the Resort Plans set forth in this title. Upon approval of a revision. all subseouent development prooosals 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 maior or -6- minor revision. Upon makine a determination. the proposed revision shall follow the aporopriate process forplan revisions as outlined in JCC 17.80 060 and 17.80.070. l7-80-070 Minorrevisions. (1) Minor Revisions. The county recoenizes that the Resort Plan may require minor chanses to facilities and services in response to changing conditions or market demand and that some decree of flexibilitl/ for the resort is needed. Minor revisions are those that do not result in a substantial change to the intent or purpose of the Resort Plan in effect. A chance that satisfies the followine criteria shall be deemed a minor revision for oumoses of this chapter:(a) Involve no more than a ten (10) percent increase in the overall gross square footaee of the Resort Plan: (b) Will not have a sienificantly greater imnact on the environment and/or facilities than that addressed in the development olan:(c) Do not alter the boundaries of the approved plan: (d) Do not propose new uses or uses that modift the recreational nature and intent of the resort. A change to the Resort Plan mav still qualifr as a minor revision under this section desoite its failure to satisff one or more of the conditions (a) through (d) of this section. (2) Minor Revision Process. Applications for minor revisions shall be submitted to. and reviewed bv the Jefferson County department of community development to determine if the revisions are consistent with the existins Resort Plan and Resort Plan SEIS. the Jefferson Counw Comprehensive Plan and other pertinent documents. Those proposals that satisff the above- referenced criteria shall be deemed a minor plan revision and mav be administratively approved (as a Type [I decision under the land use procedures of JCC Title 18. Unified Develognent Code) by the director ofthe department of community development. Public notice of the application. the written decision. and appeal opportunities shall be provided to all persons or aeencies as required bv the land use procedures of JCC Title 18. Unified Development Code. Those revisions that do not complv 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 chanqe to the resort including: changes in use. increase in the intensitv of use. or in the size. scale. or density of development: or changes which may have a substantial impact on the environment beyond those reviewed in previous environmental documents. are considered to be major revisions and will reouire aoolication for a revised Resort Plan. (l) Application for a Major Revision to the Resort Plan. An anplication shall be prepared describing the proposed revision in relation to the approved Resort Plan and providins a framework for review. analysis and mitiqation of the revised development activitLproposed. The Resort Plan revision proposal shall include the following information: (a\ A description of how the revised Resort Plan would further the goals and policies set forth in the Comprehensive Plan:(b) A descriotion of how the Resort Plan revision complements the existing resort facilities of the MPR: -7- (c) A descriotion of the desien and functional features of the Resort Plan revision. settins out how the revision provides for unified development. integrated site design and plotection of natural amenities:(d) A listing of proposed additional uses and/or proposed changes to density and intensitv of uses within the resort. and a discussion of how these changes meet the needs of residents of the Pleasant Harbor MPR and patrons of the resort: (e) A 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 approved Resort Plan. and their effects on surroundine properties and/or public facilities:(fl A description of how the proposed Resort Plan revision is integrated with the overall Pleasant Harbor MPR and any features. such as connections to hail systems. natural svstems or ereenbelts. that have been established to retain and enhance the character of the resort and the overall MPR: (g) A description of the intended phasing of development proiects: (h) Maps. drawings. illustrations. or other materials necessar.v to assist in understandine and visualizing the desien and use of the completed oroposed development. its facilities and services. and the protection of critical areas:(i) A calculation of estimated new demands on capital facilities and services and their relationship to the existing resort and MPR demands. including but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that suffrcient facilities and services to support the development are available or will be available at the time development permits are applied for. (2) Maior Revision Process. Major revisions shall be processed as a hearing examiner decision (Tvpe IIn. with a required oublic hearine prior to the decision. Public notice of the apolication. the written decision. and appeal opportunities shall be provided to all persons on the Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or agencies as required b), the land use procedures of JCC Title 18. Unified Development Code. Any proposed major revision involvine a change to the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V counlv commissioners decision) prior to an), decision on the Resort Plan amendment.(3) Decision Criteria. The hearing examiner may approve a major revision to the Reson Plan only if all the following criteria are met:(a) The proposed revision would further the goals and nolicies set forth in the Comprehensive Plan:(b) No unmitieated probable significant adverse environmental impacts would be created by the proposed revision:(c) The revision is consistent with all applicable development reeulations. including those established for critical areas:(d) On-site and off-site infrastructure (includine but not limited to water. sewer. storm water and transportation facilities) impacts have been fully considered and mitiqated:(.4 The proposed revision complements the existing resort facilities. meets the needs of residents and patrons. and provides for unified development. integrated site desiqn. and protection of natural amenities. -8- Title lE UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 1E.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 resorl 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 olher residential uses, but only if the residential uses are integrated into and support the on-site recreational nature ofthe resort. (t) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The Efgtenly existing offrciatly designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marin4 resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's intemal regulations and planning restrictions such as codes, covenants and restrictions may be more resffictive 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 desigrrated master planned resort in the Countv. The Pleasant Harbor MPR is desisnated 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 marina/Maritime Village and associated housine north of Black Point Road. The resort is predominately designed to serve resort and recreation uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center. which accomrnodates LAMIRD-scale commercial uses serving the resort and local pooulation. The master planLned resort's internal regulations and nlanning restrictions such as codes. covenants and restrictions mav be more restrictive than the requirements in JCC Title 17. However. Jefferson Counw does not enforce private codes. covenarrts and restrictions. 18.15.f 15 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enlferis*iag officially designated master planned resortg in the county areis the Port LudlowMP,provisionsforwhicharecodifiedinJCCTitlel7. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360 oertainine to new Master Planned Resorts. Designation of any new master planned resorts pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. -9- 1E.15.120 Purpose and intent. Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological feattues, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose of this article is to establish a master planned resort land use district to be applied to those properties the board of county commissioners determines are appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.70A.360. 18.f5.123 Allowable uses. The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.70A.360: (l) All residential uses including single-family and multifamily structures, condominiums, time-share and fractionally owned accommodations; provided, such uses are integrated into and support the on-site recreational nature of the master planned resort. (2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other residential uses, that are made available for short-term rental; provided, that short-term visitor accommodations shall constitute no less than 65 percent of the total resort accommodation units. 3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf courses (including accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort. (4) Campgrounds and recreational vehicle (RV) sites. (5) Visitor-oriented amenities, including, but not limited to: (a) Eating and drinking establishments; (b) Meeting facilities; (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 rnanagement offices; and(d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort. (8) Temporary and/or permanent structures to serve as sales offices. (9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of this section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. 18.15.126 Requiremenb for mester planned resorh. -10- An applicant for an MPR project must meet the following requirements: (1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project developrnent 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 reson. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part of the resort's services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs 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. (0 A description of the environmentally sensitive areas of the project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program. (g) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support of the development will be available, and that concurrency requirements of the Comprehensive Plan will be met. (i) A description of the intended phasing of development of the project, if any. The initial application for an MPR shall provide sufftcient 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 rneet 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.a0.830(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: -l l- (a) Permitted uses, densities and intensities of uses, and building sizes; (b) Phasing of development, if requested by the applicant; (c) Procedures for review of site-specific development plans; (d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retaiUcommercial services; (e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and other development conditions; and (f) Other development standards including those identified in JCC 18.40.840 and RCW 36.708.170(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with the review of the resort master plan and development agreement required for approval of a master planned resort. (4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned resort project may be designated by the county as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-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 setae 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 36.704.110. 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: (1) A draft of the master plan shall be prepared to meet the requirements of JCC 18.1 s. I 26(1). (2) A request for authorization of a development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements). (3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ l] lE.f5.f32 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 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. -12- 1t.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 of the county. (3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the MPR suffrcient to stand alone if no subsequent phases are developed. (4) The MPR will provide active recreational uses, adequate open space, and sufficient services such as transportation access, public safety, and social and health services, to adequately meet the needs of the guests and residents of the MPR. (5) The MPR will contain within the development all necessary supportive and accessory on- site urban-level commercial and other services, and such services shall be oriented to serve the MPR. (6) Environmental considerations are employed in the design, placement and screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and public views. (7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated. (8) Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. (9) The master plan establishes location-specific standards to retain and enhance the character of the resorl. (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 $ l] lE.ls.l3E Pert tudlew Master Planned Resort. The Petr{aldlerv 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. -l 3-