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HomeMy WebLinkAbout144Michelle Farfan From: Sent: To: Cc: Attachments: Subject: David W. Johnson <djohnson@cojefferson.wa.us> Wednesday, December 30, 2015 8:13 AM Monica Fletcher David W. Johnson RE: Comments on Pleasant Harbor Resort DSEIS from North Olympic Group Sierra Club Final Draft 2015 09 28 Pleasant Harbor Zoning Code.docx Monica, Not a problem on the phone number. l've just had situations where I can't track a person down and I don't want them to think l'm ignoring them. Thanks for your interest From: Monica Fletcher Imailto:monicaflet@gmail.com] Sent: Tuesday, December29,201.5 5:03 PM To: David W. Johnson <djoh nson@co.jefferson.wa. us> Subject: Re: Comments on Pleasant Harbor Resort DSEIS from North Olympic Group Sierra Club I am sorry if I forgot my phone number though I thought I had put it at the very front of my call. Perhaps I did forget it or for your sake should have repeated it. . I always hope when I call that someone will actually answer. Your most recent email is confusing to me. What do you mean that I cannot comment if I have already commented? What is the public testimony part of your hearing on January 6th then about? Is there no way for people to voice their concerns to the planning commission without traveling to the hearing? or even at a later date? What is the public hearing for? If it is just a presentation of a done deal then please let me know as I would hate to drive down there for no other reason than to blink and nod. I thought there was still some hope of expressing opposition to an open-minded, not yet decided governmental body. I just don't know how things work as well as you do. I would appreciate your wisdom. It is such unfortunate timing at the holidays to roll out this vast development project's Final EIS. My phone number is 360-379-3136 Monica Fletcher 1 You are more than welcome to testify to the Planning Commission on any concern you have on any aspect of the project. You should be aware that the Planning Commission's role at this point is the hear testimony from the public, the applicant and staff, and then make a recommendation to the Board of County Commissioners on the Development Regulations ONLY (see attached). Since the environmental impact statement has been finaled, any comment on that will be heard, but not considered in the environmental analysis, which we consider complete. The timing of the final was purely circumstantial and really does not have any impact over your ability to submit comments, since comments on the adequacy of the SEIS were only accepted during the 45 day comment period of the Draft, which was last year, and we received, considered and responded to that comment you made below. Dear Mr. Johnson, On Tue, Dec29,2015 at 3:03 PM, David W. Johnson <djohnson@cojefferson wrote: Monica, I just received your voice mail message. You may want to include your phone number next time so that I can call you back. The comment you submitted below on the Draft SEIS was your only opportunity to comment. You may still comment at the public hearing on the 6th, but those comments, if related to the SEIS, will not be considered since the SEIS has been finaled. From: Monica Fletcher [mailto:monicaflet@gmail.com] Sent: Monday, January 05, 2015 3:04 PM To: David W. Joh nson <d iohnson @co. iefferson.wa.us> Subject: Comments on Pleasant Harbor Resort DSEIS from North Olympic Group Sierra Club Please find attached the comments on the Pleasant Harbor Master Planned Resort DSEIS from the North Olympic Group, Sierra Club. Please call me if you have any difficulties reading this file. Monica Fletcher, 360-37 9 -3136 In addition I place the basic comments of the attachment - below without the formatting 5 January 2015 Jefferson County Department of Community Development Attn: David Wayne Johnson RE: Pleasant Harbor Master Planned Resort DSEIS 621 Sheridan Street Port Townsend WA 98368 On behalf of Sierra Club North Olympic Group and our hundreds of members, activists, and supporters, we are writing to submit comments on the Pleasant Harbor Master Planned Resort DSEIS. Please include these comments in the admini strative record. 2 fflE Sierra Club feels there are serious omissions in this Draft Environmental Impact Statement that must be corrected. Our comments on different aspects are listed below. GLOBAL WARMING: An assessment needs to be done and presented on how this project will affect global warming and the microbial soils community due to extensive plant and soil removal. Appendix M doesn't quanti$, the GHG releases and effects of the releases, and the mitigations are clearly inadequate. It takes years to regain sequestration of carbon,and the DEIS also fails to factor in how this would affect marine life. Class A effluent discharge from the proposed sewerage treatment plant is planned to be stored and recycled. This is a dangerous practice that should not be used due to inevitable pathogen transfer to aquifers. There are thousands of chemicals and many pathogens, (microbeads, MRSA, antibiotics, fire retardants and chemicals of emerging concern) that cannot be tested, nor are clearly known for their cumulative impacts, and that will be introduced in a recycling system. TRAFFIC: One of the most worrisome issues with this project is traffic. Hwy 101 is a thoroughfare used by those traveling between Clallam County and more southern points to Olympia. Additionally, the traffic is greatly increased during the summer season. Roads are narrow. Much of the route is on bluffs which fail, as some just have this Decemb er 2014 creating one way traffic for weeks. Landslides are common on this route during the rainy season. Traffic accidents happen. This resort area is an inhospitable site for alarge resort. WATER: Another very worrisome issue is the availability of water over the long term and the effects on community water resources. Water will become a key resource as weather warms and snow levels are minimized and rainwater runoff increases. The DSEIS does not address this truth. SUMMARY This comment can only cover some of the problems with the planned resort and the DSEIS. Clearly, it is not appropriate to approve this project. tenu 3 Resp ectively submitted, Monica Fletcher Chair North Olympic Group, Sierra Club monicafl et@gmail.com 4 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) Chanter 17.60. General Provisions 17.60.010 Authoritv. This title is adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title 18 JCC. 17.60.020 Titte. The requlations 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 resulations shall be made usine the applicable JCC section number. 17.60.030 Purpose and intent. The pumose and intent of the Pleasant Harbor MPR code is to set forth development reeulations 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 15 and Title 18 of the Jefferson County may supplement the reeulations presented in this Article in accordance with the terms and conditions of the Development Aereement entered into between Jefferson County and Pleasant Harbor Marina and Golf Resort. LLP. 17.60.050 Applicabilifir The provisions of this title shall apply to all land. all associated water areas agd all rueri and structures within the boundarv of the Pleasant Harbor Master Planned Resort as depicted on the ofhcial 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 aresubiqcttoallotherapplicablelocah1a@sluding,butnotlimitedto- the county building ordinance" interim critical areas ordinance. the shoreline management master proeram. and the State Environmental Policy Act (SEPA). I (1) Wires. cables. conduits, vaults, pipes,mains. valves. tanks. or other similar equipment for the distribution to consumers of telephone or other communications. electricity. gas. or water or the collection of sewase" or surface or subsurface water operated or maintained by a governmental entity or a public or private utility or other county franchised utilities includine customary meter pedestals. telephone pedestals. distribution transformers and temporary utility facilities required during building construction. whether any such facility is located undereround. or above-eround: but only when such facilities are located in a street riqht-of-way or in an easement. This exemntion shall not include ground electrical substations. sewase pumD stations or treatment plants. or potable water storage tanks or facilities. which shall require conditional use approval in any zon j (2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. public bicycle shelters. or similar structure or device which is found by the director of community development to be appropriately located in the public interest:(3) Minor construction activities. as defined by the IBC. Section 106.2 and structures exempt under Chapter 15.05 JCC. as amended: 4 facilities associated with and permitted in all zones. Any above-ground detention facility or pond shall be screened from the public right-of-way or appropriately landscaped to ensure compatibility with the surrounding area.(5) Development consistent with a Binding Site Plan approved by the County orior to adoption of this chapter. 17.60.11.0 Preexistins uses and structures. Existing leeal residential and non residential land uses and structures in all zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent with state law. Titles 15 and l8 of the Jefferson County Codp and any other applicable regulations or Ordinances. 17.60.120 Provisions bindine on the land. The provisions of this section shall applv to any subsequent owners. lessees. tenants or others with an interest in the property subject to the master planned resort (or any oortion or parcel thereofl. includine but not limited to successors in interest. holders of any recorded uent to the MPR and special service districts operating within the MPR area. 17.60.130 Enforcement The enforcement orovisions codified in Chapter 18.50 Enforcement of Title l8 of the Jefferson County Code as currentlv enacted or as hereafter amended shall apply to any alleged violation of Title 17. Article II- more common y known as the "Pleasant Harbor MPR Code." Chapter 17.65. Golf Resort (MPR-GR) 17.65.010 Purpose. The MPR-GR zone provides residential and recreational facilities. as well as commerqial and services associated with the resort and central resort and conference facilities. 17.65.020 Permitted Uses.(l) Residential uses includine single-family and multifamily structures. condominiums. townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all kinds.(2) Short-term visitor accommodations. constituting not less than 6502 of the total residential units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges. and any residential uses allowed under subsection I of this 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. taverns and entertainment associate with such uses: (c) on-site retail services and businesses typicallv 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: facilities of all kinds but not limited art and indoor or outdoor theaters: (5) Indoor and outdoor resort-related recreational facilities. includine but not limited to golf 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 otherlecreational uses consi with the nature of master planned resort:(6) Waste water treatment facili treatment plants. capilre. storaee and transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of waste water and stormwater: water and related(8) Public facilities and services as defined in JCC 18.10.160: (9) Utilities supporting the resort: (10) Emergency 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 Heieht restrictions. No buildines 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 height 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 boundarv lines and adjacent MPR zones. Minimum buildine setback ftom State Route 101 is 50 feet. Chanter 17.70. Onen Space Reserve (MPR-OSR ) 17.70.010 Purpose. -J- 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 Management 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 followine uses are permitted in the MPR-OSR zone: (l) Restoration of existing development intrusions (roads. campsites) to theit natural pre- development state: and (2) Passive recreation that does not reduce the forest canopv" increase stormwater discharge or bluff erosion. (3) Those uses consistent with the Shoreline Master Prosram JCC 18.25 Chapter 17.75. Marina Villaee (MPR-MV) 17.75.010 Purpose. The MPR-MV zone provides mixed use amenities and services associated with the marina portion of the resort and surrounding community. and provides the central support to the marina operations. 17.75.020 Permitted uses. The followins uses are nermitted in the MPR-MV: (1) Marina and overwater structures as approved throueh the Jefferson County Shoreline Master Program and associated reeulations Chapter 18.25 JCC: (2) Residential uses includine single-family and multifamily structures. condominiums. time- share and fractionally owned accommodations of all kinds; (3) Marina Villaee related upland mixed use. commercial and service facilities. including open parkine lots. restaurants and shops. as well as marine service facilities. marina office. vacht club and recreation facilities serving the resort and the Marina:(4) Accgssory uses and slructutes-$ah !g caroorts. storaqe buildinss and similar structures supportine marina and maritime village uses. fuel service and parking: (5) Indoor and outdoor resort-related recreational facilities. includins but not limited ta tennis courts. swimming pools. marinas. hiking trails. bicycle paths. ropes courses" game center and other recreational uses consistent with the nature of master planned resort.: (6) Utilities supportine the reson: (7) Infrastructure and buildings. both above and below ground. for the utilities: (8) Emergency 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 by the Department of Community Development. 17.75.030 Heieht restrictions. -4- No buildinss within the MPR-MV zone shall be erected- enlarsed or structurallv modified to exceed 35 feet in height as measured by IBC standards. Undereround or imbedded parkin&shall not be included in any height calculations. 17.75.040 Bulk and densitv requirem There are no yard or setback provisions internal to the MPR-MV zone. All new structures located within shoreline jurisdiction shall comply with the setback requirements of the County's Shoreline Master Prosram as codified at Ch. 18.27 JCC ehapter 17.80, Pleasant Harbor Resort D 17.80.010 Resort development. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to all resort and associated 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 of resort commercial. retail. restaurant and conference space. not including lobbies and internal open space. 17.80.030 Resort Plan The Resort Plan for future development of properties in the Pleasant Harbor MPR means the requlations. requirements. 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. approximately 70.000 square feet of coEmerclal space, as well as 17.80.040 Permit process for resort development.(_1) A project-level supplemental environmental impact statement (SEIS) analyzinq development under the Resort Plan is required prior to issuance of building permits for any new resort development. The applicant may choose to develop a new environmental impact statement rather than a supplement.(2) Notice of aoplication for environmental review of the Resort Plan shall be provided to all persons or aqencies entitled to notice oursuant to the land use procedures of JCC Title 18.(3) Actual building permit plans or construction drawings are not required during the SEIS process. Architectural drawings including a detailed site plan. and architectural sketches or and floor are ensure that the SEIS considers project-level details.(4) The department of community development may impose mitigating conditions or issue a based on the environmental review and -5- provided oursuant to the State Environmental Policy Act. Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the oermit process for resort development. (5) Following completion of the SEIS building permits may be issued. following appropriate plan review. for projects analvzed in the SEIS. (6) Actual resort development may be undertaken in phases. but only followine completion of review and approval of a full resort buildout plan throush the SEIS process. A ohasine sqhtdule ru4y be proposed as part of the environmental review or mav be developed at a later date. 17.80.050 Environmental review for Resort Plan develonment.(1) All oroject level applications will be given an automatic SEPA threshold Determination of Significance except where the SEPA-responsible official determines that the application results in only minor construction. A EIS or SEIS is not required if existing environmental documents adequately address environmental conditions as set forth in RCW 43.21C.034. (2) The scopeof aq SEIS prepared under this section shall address environmental issues identified in the Programmatic FEIS issued November 2007. together with such additional requirements as a project specific application may raise. The scope shall not chanse the standards of approval. however. as set forth in the development aereement and these development re gulations. (3) The utility element of any subsequent phase environmental review pertaining to the Pleasant Harbor MPR shall review information on all affected utility systems. including sewer and water systems and the results of required monitoring. The effectiveness of such mouiterinq shall be evaluated. Supplements or changes to the monitoring and reportine systems shall be considered if necessary to ensure that water quality and water supply are adequatelv protected and impacts to natural resources minimized. (4) Any preliminary scope for future development within the Pleasant Harbor MPR is based on the described Resort Plan. Levds 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. (1) Any proposed enlargement to the Pleasant Harbor MPR boundary or zone changes within the MPR shall require a Comprehensive Plan amendment and related zoning action. Such chanees are outside the scope of the 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 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 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 reeulations. (3) Proposed revisions to the Resort Plan shall be submitted to the depanment of community develooment and the DCD director will determine whether the proposal constitutes a major or -6- minor revision. Upon making a determination. the proposed revision shall follow the appropriate for as outlined in 17.80.070 Minor revisions.(1) Minor Revisions. The county recognizes that the Resort Plan may require minor chanses to facilities and services in response to changing conditions or market demand and that some degree of flexibility for the resort is needed. Minor revisions are those that do not result in a substantial chanee to the intent or purpose of the Resort Plan in effect. A chanee that satisfies the following criteda shall be deemed a minor revision for pumoses qf 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 sisnificantly ereater impact on the environment and/or facilities than that addressed in the development plan: (c) Do not alter the boundaries of the approved plan: (d) Do not propose new uses or uses that modifr the recreational nature and intent of the resort. the Resort Plan still as a minor revision under failure to satisfr 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 by the Jefferson County department of community development to determine if the revisions are consistent with the existing Resort Plan and Resort Plan SEIS. the Jefferson County Comprehensive Plan and other pertinent documents. Those proposals that satist/ the above- referenced criteria shall be deemed a minor plan revision and may be administratively approved (as a Type II decision under the land use procedures of JCC Title 18. Unified Development Code) bv the director of the department of community development. Public notice of the application. the written decision. and appeal opportunities shall be provided to all persons or uired the land use of JCC Title 1 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 chanse to the resort including: changes in use. increase in the intensity of use. or in the size. scale. or density of development: or changes which may have a substantial impact on the environment beyond those reviewed in previous environmental documents. are considered to be major revisions and will require application for a revised Resort Plan.(.1.) Application for a Major Revision to the Resort Plan. An application shall be prepared describing the proposed revision in relation to the approved Resort Plan and providine a framework for review. analysis and mitigation of the revised development activity proposed. 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 description of how the Resort Plan revision complements the existine resort facilities of the MPR; -7- (c) A description of the design and functional features of the Resort Plan revision. settine out how the revision provides for unified development" integrated site desien and protection of natural amenities:(d) A listine of proposcdjddrtiaqal and/or orooosed chanses to densitv and intensity 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: A anal s of the environmental proposed revision. including an analysis of the cumulative impacts of both the proposed revision and the approved Resort Plan. and their effects on surroundins prooerties and/or public facilities: (fl A description of how 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 ereenbelts. that have been established to retain and enhance the cheracter of the resort and the overall IVTPR' (s) A description of the intended phasing of development projects: (h) Maps. drawings. illustrations. or other materials necessary to assist in understandine and visualizins the desien and use of the completed proposed development. its facilities and services. and the protection of critical areas: (i) A calculation of estimated new demands on capital facilities and services and their relationship to the existing resort and MPR demands. including but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are applied for. (2) Major Revision Process. Major revisions shall be pfocessed as a hearing examiner decision (Type III). with a required public hearine prior to the decision. Public notice of the application. the written decision. and apoeal opportunities shall be provided to all persons on the Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or aqenci€s as required by 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 amendment a V deci Plan amendment. (3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan only if all the following criteria are met: (a) The proposed revision would further the goals and policies set forth in the Comprehensive Plan: (b) No unmitigated probable sienificant 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 fullv considered and mitigated; (e) The proposed revision complements the existing resort facilities. meets the needs of residents and patrons. and provides for unified development. integrated site design. and protection of natural amenities. -8- Title 18 I]NIFIED DEYELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only if the residential uses are integrated into and support the on-site recreational nature ofthe resort. (1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifgtenty existing officially designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marina, resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's 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 Madna and Golf Resort is the second officially desisnated master planned resort in the County. The Pleasant Harbor MPR is designated 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 Villaee and associated housing north of Black Point Road. The resort is Eedominately designed to serve resort and recreation uses and has only limited full-time occupancy. The reso[is served bv the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses serving the resort and local population. The master planned resort's internal regulations and planning restrictions such as codes" covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However. Jefferson County does not enforce private codes. covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The onbr€xis+ing officially designated master planned resorts in the county qgis the Port Ludlow MPR and the Pleasant Harb , provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted oursuant to RCW 36.704.360 pertaining to new Master Planned Resorts. Designation of any new master planned resorts pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. -9- 18.15.120 Purpose and intent. Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose of this article is to establish a master planned resort land use district to be applied to those properties the board of county commissioners determines are appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.704.360. 18.15.123 Allowable uses. The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.70A.360: (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 management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort. (8) Temporary and/or permanent structures to serve as sales offices. (9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of this section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. 18.15.126 Requirements for master planned resorts. -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 development and operation. This shall include: (a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the particular natural and recreational features that will attract people to the area and resort. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part of the resort's services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs of the resort and its users. (d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location. (e) A description, with supportive information and maps, of the design and functional features that provide for a unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site. (D 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 concurency requirements of the Comprehensive Plan will be met. (i) A description of the intended phasing of development of the project, if any. The initial application for an MPR shall provide sufficient detail for the phases such that the full intended scope and intensity of the development can be evaluated. This shall also discuss how the project will function at interim stages prior to completion of all phases of the project, and how the project may operate successfully and meet its environmental protection, concurrency, and other commitments should development cease before all phases are completed. (2) Development Agreement. A master planned resort shall require approval of a development agreement as authoizedby 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: -11- (a) Permitted uses, densities and intensities of uses, and building sizes; (b) Phasing of development, if requested by the applicant; (c) Procedures for review of site-specific development plans; (d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retail/commercial services; (e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and other development conditions; and (0 Other development standards including those identified in JCC 18.40.840 and RCW 36.708.170(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specif,rc 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.l5 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 and197-11-168. (5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.704.110. 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 18.1s.126(1).(2) A request for authorization of a development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements). (3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ 1] 18.15.132 Decision-making authority. (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- 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 of the county. (3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed. (4) The MPR will provide active recreational uses, adequate open space, and sufficient services such as transportation access, public safety, and social and health services, to adequately meet the needs of the guests and residents of the MPR. (5) The MPR will contain within the development all necessary supportive and accessory on- site urban-level commercial and other services, and such services shall be oriented to serve the MPR. (6) Environmental considerations are employed in the design, placement and screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and public views. (7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated. (8) lmprovements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. (9) The master plan establishes location-specific standards to retain and enhance the character of the resort. (10) The land proposed for a master planned resort is better suited and has more long-term importance for the MPR than for the commercial harvesting of timber or production of agricultural products, and the MPR will not adversely affect adjacent agricultural or forest resource landproduction. [Ord. 8-06 $ 1] 18.15.138 Po+Ludlo{+ Master Planned Resort. The PerlLudlevr Master Planned Resort Code (JCC Title 17), as may be amended to be consistent with the provisions of this UDC, is hereby adopted by reference and made a part of this UDC. -13-