Loading...
HomeMy WebLinkAbout083Michelle Farfan From: Sent: To: Cc: Subject: Attachments: David W. Jo h nson < djoh nson @co jefferson.wa.us > Thursday, May L2,2016 10:17 AM Lorna Smith David W. Joh nson (dwjoh nson @co jefferson.wa.us) Draft Regs and Ordinance Final Draft 2015 09 28 Pleasant Harbor Zoning Code.docx; 01 0128 08.pdf Attached per your request. David Wayne Johnson - LEED AP - Neighborhood Development Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 Mission: To preserve qnd enhance the quality of lfe in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. 1tl SArf PAPER - Pleqse do not print this e-moil unless obsolutely necessory A// e-mail may be considered subject to the PublrC Records Act and as such may be disclosed to a third-party requestor. Jeff*rso.r)County Llepgrl rnent of Cornmunity O6r,r€lopmsfil $WUARHWNffi BEtter Eultdlilg Stlrt* llnre" &rl *ilrH*n ,r, hsn louwod. rrr* *ll{* I i{g.t?$"fii{ | drdfto.lrt**m.m..w 1 f'l II 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 Authority. This title is adooted oursuant to 36.70 and 36.704 RCW, and Title l8 JCC. 17.60.020 Title. The regulations 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 requlations shall be made usiuejhe applrsablq JCC section numbe U.60.030 Purposg and intent The purpose and intent of the Pleasant HryborMP 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 Additionalreqqlrerrqel!$ Title 15 and Title 18 of Ibe Jeffersqn Countv may supplemen this Article in accordance with the terms and conditions of the Development Asreement entered into between Jefferson County and Pleasant Harbor Marina and Golf Resort. LLP. 17.60.050 Applicabititv. The provisions of this title shall apply to all land. all associated water areas and all uses and structures within the boundary of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson Countv. Washinston. 17.60 060 Exemptions. The followine structures and uses shall be exempt ftom the reeulations of this title. but lo state and federal re but not limited the county buildine ordinance. interim critical ordinance. the shoreline management master program. and the State Environmental Policy Act (SEPA). 1 (1) Wires.cables.eoqdu{S-yauts-plpes.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 sewage. or surface or subsurface water operated or maintained by a governmental entity or a public or private utility or other county franchised utilities including customary meter pedestals. telephone pedestals. distribution transformers and temporary utility whether such is located or above-ground: but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations. sewage pump stations or treatment plants. or potable water storage tanks or facilities. which shall require conditional use approval in any zone where permitted; (2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. public director of communi 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) 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 tc or to c with area.(5) Development consistent with a Binding Site Plan approved by the County prior to adoption of this chapter. 17.60.110 Preexisting uses and structures. Existing legal residential and non residential land uses and structures in all zones of the Master Planned Resort are lawfulr$es and mav be continued in a manner consistent with state law. Titles l5 and 18 of the Jefferson County Code and any other applicable regulations or Ordinances. 17.60.120 Provisions bindins on the land. The provisions of this section shall apply to any subsequent owners. lessees. tenants or othersyi& an interest in the plopertlsubiect to the master p parcel thereof-). including but not limited to successors in interest. holders of any recorded interest recorded subsequent to the MPR approval. community associations. facility providers aud special service districts operating within the MPR area. 17.60.130 Enforcement The enforcement provisions cpdified in Chapter 18.50 Enforcement of Title 18 of the Je or shall violation of Title 17. Article II. more commonly 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 commercial amenities and services associated with the resort and surrounding communitv. It provides the S central resort and conference facilities. .| 17.65.020 PermittedUses. (1) Residential uses including single-family and multifamily structures. condominiums. townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all kinds. (2) Short-term visitor accommodations. constituting not less than 650% of the total residential units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges. and anv residgutial uses allowed under subsection 1 of this section that is made available for short-term rental.(3) Visitor oriented amenities. including. but not limited to (a) conference and meeting facili resta delicatessens b taverns AS such uses: (c) on-site retail services and businesses tvpically 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 including. but not limited to. art galleries. and indoor or outdoor theaters: 5 and facili courses (including accessory structures and facilities" such as clubhouses. praqtice 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 planned resort: (6) Waste water treatment facilities. includins 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: Public water and faci (8) Public facilities and services as defined in JCC 18.10.160;(9) Utiliti.rrrpportirrgth.r.*ru(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 by the Department of Communitv Development. 17.65.030 Heieht restrictions. thin the or to exceed 80 feet in heieht as measured bv IBC standards. Underground or imbedded parking shall not be included in any height calculations. 17.65.040 Bulk and density requirements There are no yard or setback provisians tuteqallslhc I PR-GR zoug. All structures shall be set back at least 20 feet from Master Planned Resort boundary lines and adjacent MPR zones. Minimum building setback from State Route 101 is 50 feet. Chapter 17.70. Open Space Reserve (MPR-OSR ) a-J- 17.70.010 Purpose. The purpose of the MPR:OSR zone is to provi 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 Manasement 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:(l) Restoration of existins development (roads. camosites) to theit natural ore- development state: and(2) Passive recreation that does not reduce the forest canopv. increase stormwater dischar&e or bluff erosion.(3) Those uses consistent with the Shoreline Master Prosram JCC 18.25 Chapter 17.75. Marina Villaee (MPR-MV) f 7.75.010 LurBose. ) amenities and services associated with theThe MPR-MV zone provides mixelllsa marina portion of the resort and surrounding community. and provides the central support to the marina operations. 17.75.020 Permitted uses. The followine uses are permitted in the MPR-MV: (l) Marina and overwater structures as approved through the Jefferson County Shoreline Master Prosram and associated resulations Chapter 18.25 JCC: (2) Residential uses including single-family and multifamily structures. condominiums. time- share and fractionally owned accommodations of all kinds; (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 resort and the Marina: (4) Accessory uses and structures. such as garages. carports. storage buildings and similar structures supporting marina and maritime village uses. fuel service and parking: (5) Indoor and outdoor resort-related recreational facilities. includins but not limited to 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 supporting the resort: (7\ In-Frqctnrnfrrre qnd hrrildinoc hnfh alrnrra and below -r^, t-al for the utilities (8) Emergency services (fire. police. EMS): Public faci (10)services: and the Department of Community Development. with the se of the this 17.75.030 Heieht restrictions. -4- No buildings within the MPR-MV zone shall be erected, enlarged or structurally modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded parking shall not be included in any height calculations. 17.75.040 Bulk and density requirements. There are no vard or setback provisions internal to the MPR-MV zone. All new cated within shoreline urisdiction shall com with the County's Shoreline Master Program as codified at Ch. 18.27 JCC Chapter 17.80, Pleasant Harbor Resort Development 17.80.010 develonment. section describes the "Resort Plan" for facilities be located in the resort 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 appl), to and associated devel within the Pleasant Harbor 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 perceuLof 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 intemal open space. 17.80.030 Resort Plan The Resort Plan for future development of properties in the Pleasant Harbor MPR means the regulations. requirements. densities and uses established in the Development Agreement between the County and Pleasant Harbor Marina and Golf Resort. LLP dated [] and approved by Ordinance No. il and as reviewed includes up to 890 residential units. approximatelv 70.00Q 17.80.040 Permit process for resort development. (1) A project-level supplemental environmental impact statement (SEIS) analyzing 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 environruen al impact statement rather tha! a supplement-(2) Notice of application for environmental review of the Resort Plan shall be provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18.(3) Actual buildine permit plans or construction drawines are not required durins the SEIS process. Architectural drawings including a detailed site plan. and architectural sketches or drawings showing approximate elevations. sections. and floor plans are required. however. to ensure that the SEIS considers project-level details.(4) The department of communitv development mav imoose mitigating conditions or issue a denial of some or all of the Resort Plan based on the en -5- vironmental review and using authority provided pursuant to the State Environmental Policv Act. Chaoter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development. Fo of the SEIS plan review, for proie analyzed in the SEIS(6) Actual resort development may be in ohases. but onlv followins comoletion qf rcview atrd appro schedule may be proposed as part of the environmental review or mav be developed at a later date. 17.80.050 Environmental review for Resort Plan development. (1) All project 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 EIS is not required if existins environmental documents adequately address environmental conditions as set forth in RCW 43.21C.034. The of an SEIS under thi identified in the Prosrammatic FEIS issued November 2007. tosether with such additional requirements as a project specific application may raise. The scope shall not change the standards of approval, however, as set 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 utilitv svstems. includine sewer of effectiveness of shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be and impacts to natural resources minilrizell(4) Any preliminary scope for future 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 submitted. Elements noted above may be combined in the EIS analysis to reduce duplication and narrow the focus on potentiallv sienificant adverse environmental impacts. 17.80.060 Revisions to Resort Plan. 1 to the Pleasant Harbor MPR or zone 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 County may approve an amendment to the Comprehensive Plan only if all requirements of the Growth Manasement Act (Chanter 36.704 RC w)are fulfilled. (2) The County shall accept buildine ts onlv for oroiects included in and consistent with the Resort Plan. A revision to the existins Resort Plan shall be submitted to the countv for approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set all su uent devel consistent with the revised Resort Plan and development regulations. f sed revisions D director will -6- minor revision. Upon matiug a determination. the proposed revision shall follow the appropriate process for plan revisions as outl in JCC 17.80 060 and 17.80.070 17.80.070 Minor revisions.(l) Minor Revisions. The county recognizes that the Resort Plan mav reouire minor chanses to facilities and services in response to changins conditions or market demand and that some degree of flexibility for the resort is needed. Minor revisLons are those that do not result in a substantial chanee to the intent or purpose of the Resort Plan in effect. A change that satisfies the followine criteria shall be deemed a minor revision for purposes of this chapter: (a) Involve no more than a ten (10) percen t increase in the overall sross souare footaqe of the Resort Plan: (b) Will not have a significantly greater 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 modifu the recreational nature and intent of the resort. A change to the Resort Plan may still qualify as a minor revision under this section despite its failure to satisfy one or more of the conditions (a) through (d) of this section. (2) Minor Revision Process. Applications for minol relbions ghall be subrntttcd tg- and reviewed by the Jefferson County department of communitv 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 p atsadsfylhqabava: (as a Type II decision under the land use procedures of JCC Title 18. Unified Development Code) by the director of the department of community development. Public notice of the application. the written decision" and appeal opgortunities shall be provided to all persons or agencies as required by the land use procedures of JCC Title 18. Unified Development Code. Those revisions that do not comply with the provisions contained within this section shall be deemed a maior revision. subject to the provisions outlined in JCC 17.80.080. 17.80.80 Maior revisions. result in a substantial 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 maior revisions and will require application for a revised Resort Plan.(l) Application for a Major Revision to the Resort Plan. An application shall be prepared describinq the proposed revision in relation to the approved Resort Plan and providing a framework for review, analysis and mitigatiol olthp revised development activitv 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 existinq resort facilities of the MPR: 7- c A descrintion of the desi on nnd firn nnq'l fcqfrrrcc nf fhe Pesnrt Plqn rerricinn setting out how the revision provides fsrunifi€ddevelopment. inte protection of natural amenitiesl (d) A listins of proposed additional uses and/or proposed changes to density 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: (e) A description and analvsis of the environmental impacts associated with the of the im of both revision and the approved Resort Plan. and their effects on surrounding properties and/or blic facilities overall Pleasant Harbor MPR and any features. such as connections to trail systems. natural svstems or qreenbelts" 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 projects: (h) Maps,drawings,illustrations,other materials necessarv to assist in understanding and visualizing the design 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 caoital facilities and services and their relationship to the existing resort and MPR demands" includins but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that sufficient faqrlities and services to support the developmeulalg a\Lailable 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 (Tvpe III). with a required public hearine prior to the decision. Public notice of the application. the written decision. and appeal opoortunities 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 bv the land use procedures of JCC Title 18. Unified Development Code. Anv proposed maior revision involvine a change to the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V county commissioners decision) prior to any decision on the Resort Plan amendment. (3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan only if all the following criteria are met:(a) T canopased revistan would further the soals and policies set forth in the Comprehensive Plan: (b) No unmitigated probable significant adverse environmental impacts would be created bv the proposed revision: c The revision is consistent with all le devel lnc 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 mitigated: e ston lements the resort facilities meets the of residents and patrons. and provides for unified development. integrated site design. and protection of natural amenities. wlP -8- 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 if the residential uses are integrated into and support the on-site recreational nature ofthe resort. (l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifSlenly 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 I 7 . 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 Matiua and Golf Resort is the second officially designated master planned resort in the Count),. The Pleasant Harbor MPR is designated in accordance with RCW 16.704.360 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 Villase and associated housing north of Black Point Road. The resort is predominately designed to serve resort and recreation uses and has onlv limited full-time occupancy. The resort is seryed by the Brinnon Rural Center, which accommodates LAMIRD-scale commercial uses serving the resort and local population. The master planned resort's internal regulations and planning restrictions such as codes. covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However. Jefferson Countlldoes 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 ofllr-erds+ing officially designated master planned resortt in the county qgis the Port Ludlow MPR_and the Pleasant , provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.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 36.70A.360. 18.15.123 Allowable uses. The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.10A.360:(1) All residential uses including single-family and multifamily 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- -11- 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 resoft 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 map$ 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 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 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: (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-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 19l-ll-164 and 197-ll-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 Applicationrequirementsand approvalprocess. 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 r8.ls.l26(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-makingauthority. (1) 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. (1) 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 nece$sary 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 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 $ 1] 18.15.138 P€+++{*dler# Master Planned Resort. The Pe#Ludle,w 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- CC: rf erf o6 STATE OF WASHINGTON County of Jefferson AN ORDTNANCE APPROVING ONE ) COMPREHENSIVE PLAI\ AMENDMENT, } FILE NUMBER } MLA06-87 ISTATESMAN] ] OrdinanceNo. 01-0128-08 WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required by the Growth Management Act ("the GMA"), * codified at RCW 36.70A.010 et seq., set in motion and now completed the proper professional review and public notice and comment with respect to any and all proposed amendments to the County's Comprehensive Plan originally adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended, and; WHEREAS, as mandated by the GMA, the Board has reviewed and voted upon the proposed amendments to the County's Comprehensive Plan ("CP") that composed the2007 Comprehensive Plan Amendment Docket ('1he Docket"), and; WHEREAS, of the ten (10) proposals that compose the Docket, three (3) were rejected; one proposal, MLA07-104, has been forwarded to the 2008 CP Cycle; the Board has approved or approved with conditions six (6) of the remaining proposals, five (5) of which are analyzed in 02-012 B-08 herein analyzed is only one proposal, MLA06-87 [Statesman], which was approved unanimously by the Board; and WHEREAS, an adopting Ordinance is required to formalize the Board's legislative decision with respect to MLA06-87, and; WHEREAS, the Board makes the following Findings of Fact and Conclusions with respect to the 2007 Comprehensive Plan Amendment Cycle and the amendment contained herein: l. The County adopted its Comprehensive Plan in August 1998 and its development regulations or Unified Development Code (UDC), Title 18 in the Jefferson County Code (JCC) in December 2000. The CP was reviewed and updated in2004. 2. The Growth Management Act (GMA), which mandates that Jefferson County generate and adopt a CP, also requires that there be in place a process to amend the CP. The UDC contains precisely such a process in Section 9, and in Title l8 in the JCC. I ,ffi"? Jr,?.c+) Ordinance No. 3. The amendment process for the CP must be available to the citizens of this County [including corporations and other business entities] on a regular basis. In accordance with RCW 36.70A.130, CP amendments can generally be considered "no more frequently than once per yeat." 4. This particular amendment "cycle" began on or before March 1,2007, the deadline for submission of a proposed CP amendment. 5. MLA06-87 was timely filed on by March 1,2006, and carried over to the2007 cycle in December 2006, because a separate environmental impact statement was deemed necessary, and this work could not be performed in 2006. 6. Tt.'e 2007 CP process started with nine formal site-specific amendments and three suggested amendments (for a total of twelve), all of which were placed on the Preliminary Docket through the CP amendment process contained at JCC Section 18.45.050. 7. The Planning Commission and the Board of County Commissioners held a joint workshop on April 4,2007 to provide an opportunity for the site-specific CP amendment applicants to make public presentations on their proposals. 8. The Planning Commission held a duly-noticed public hearing on the Preliminary Docket on April 18,2007. 9. The Planning Commission completed its recommendation on the Preliminary Docket on April 18,2007, reeommending that all twelve original CP amendment applications be placed on the Final Docket. 10. The Department of Community Development (DCD) issued a Review of Preliminary Docket on May 7,20A7, analyzing the proposals on the Preliminary Docket and offering the following recommendation: that two of the three suggested amendments be eliminated from the Final Docket due to limitations on staffresources. 11. The Board established the Final Docket on May 14,2007 as nine site-specific amendments plus one suggested amendment. 12. The Department of Community Development (DCD) issued an integrated Staff Report and State EnvironmentalPolicy Act (SEPA) Addendum on September 5,2007, analyzing the proposals on the Final Docket and offering preliminary recommendations for each. ) 13 All of these amendments have been subject to a SEPA-driven analysis through the DCD Staff Report and SEPA Addendum dated September 5,2007. In addition, a separate Draft Environmental Impact Statement was published on this date pertaining to the site-specific application analyzed in this ordinance, MLA06-87 (Statesman), with an associated 45-day public comment period ending at close of business on October 24,2007. An associated addendum issued with the Final Environmental Impact Statement was published on November 27,2A07 . For further analysis of the other five (5) amendments comprising the 2007 CP cycle, see Ordinance No.02-012 8-08 14. The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) were undertaken and generated pursuant to the State Environmental Protection Act (SEPA) and a determination by the SEPA-responsible official that the proposed amendment, MLA06-87, warranted a threshold "Determination of Significance" (DS), and thus environmental review for any probable significant adverse environmental impacts, although the environmental review at this stage was the review appropriate for a non-project action as that term of art is defined in SEPA. 15. The FEIS was prepared in conforrnance with SEPA requirements and the amendment in this ordinance is the alternative identified in the DEIS as "the proposal." 16. The Planning Commission held a duly-noticed public hearing on MLA06-87 (Statesman) on October 3,2007. Oral public comment related to this proposed amendment was taken during the public hearing, and written comments wero accepted through the close of business on October 24, 2007 . 17 . The Planning Commission deliberated on MLA06-87 at special meetings on October 31, 2007, and on November 14,2007, reviewing the growth management indicators, findings, and conclusions relative to JCC 18.45, and completed recommendations on November 20, 2007. 18. The above statements indicate that the proposed CP amendment was and is the subject of "early and continuous" public participation as is required by GMA. 19. The Planning Commission recommendations were transmitted to the Board through formal memoranda dated November 28,2007, and are part of the record for the legislative decision. 3 20 2t 22. 23 24 25. )1 28. 26 The Planning Commission recommended to the Board seven conditions be attached to approval of this proposal, MLA06-87 [Statesman]. The conditions were included in the Planning Commission recommendations specific to this proposal. The FEIS and addendum associated with this proposal were published on November 27, 2007. Initial scoping identified probable significant adverse impacts. Public comments elaborated on those concerns, and the flrnal EIS included staff responses to 17 different categories covered in over 400 public comment letters, expressed orally and in writing by the public and by various local and state agencies regarding this application during the public comment period. The FEIS detailed mitigating conditions resulting from these comment letters as specified in Chapter 5, overall representing a meticulous and thorough response to the concerns of the citizens and agencies, precisely what is intended by SEPA. The Board held a duly-noticed public hearing on December 3,2007 and continued this public hearing on December 6, 2007, closing the public comment period on December 7, 2007. The Board did consider all public comments received. The final DCD staff recommendation was presented to the Board during the December 3, 2007 and December 6,2007 public sessions in which the Planning Commission recommendations were also presented. The final DCD staff recommendation did not match the Planning Commission recommendation for approval, having different proposed modifications attached. On December 10, 2007, the Board signed Resolution No. I 13-07 extending the timeframe for the legislative decision on the proposed amendment to January 14, 2008. All procedural and substantive requirements of the GMA have been satisfied, The Board of County Commissioners deliberated and decided to approve the Statesman proposal on January 14, 2008. DCD staff presented to the Board a l4-step process for decision-making. Step l: It was moved and seconded "to approve the Statesman proposal as revised with conditions, and to amend the Jefferson County Comprehensive Plan on pages 3-23 and3-45. 29 4 Step 2: The Comprehensive Plan land use map designations on page 3-45 for this area would be changed to reflect a Master Planned Resort as outlined in the November 27,2007 Final Environmental Impact Statement on page 1-4." See Exhibit "B" to this Ordinance. 30. Step 3: The Board was required to apply criteria from JCC 18.45.080, generally referred to as deliberations, findings and conclusions, and growth management indicators. 3 1. Step 4: The Board entered an affirmative statement that consistency with the Growth Management Act, specifically RCW 36.70A.360(l) through (4), is achieved, as each of the pertinent criteria are met by this proposal. 32. With respect to RCW 36.70A.360(l), the Board hereby enters an affirmative statement that the proposed Master Planned Resort would be a "seltcontained and fully integrated planned unit development, in a setting of signifrcant natural amenities with primary focus on destination resort facilities consisting of short-term visitor accommodations." 33. With respect to RCW 36.70A360(4) the Board hereby enters an affirmative statement that its CP already includes policies to guide the development of new MP& the CP and the related development regulations serve to preclude urban or suburban land uses in the vicinity of the MPR, the land at the site in question is better suited for an MPR than for the commercial harvesting of timber or agricultural production, the MPR plan is and will be consistent with all GMA-derived development regulations relating to GMA critical areas and all on-site and off-site infrastructure and service impacts have been fully considered and will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits. 34. Step 5: The Board entered an affirmative statement that consistency with the Jefferson County Comprehensive Plan, specifically Land Use Policies24.l-24.13, has been achieved by the applicant, as each of the pertinent criteria are met by this proposal. By way of example only, the Board's affirmative finding that the site of the proposed MPR is better suited to become an MPR than it is to be the site of a commercial timber harvest serves to satisff the condition laid out in the CP at LNP 24.4, found at p. 3-65 of the CP. The area is 5 zoned Rural Residential and not Commercial Forest under the Growth Management Act, and therefore this finding is not required within the proposal. 35. Step 6: The Board entered an affirmative statement that consistency with the Brinnon Sub- Area Plan, adopted on May 1,2002, specifically Goals 1.0 and Policies 1.1-1.3, is achieved, as each of the pertinent criteria are met by this proposal. 36. Step 7: With respect to JCC 18.15.126,the Board affirmed that only a Comprehensive Plan amendment application was under consideration, and that the development agreement and zoning code guiding MPR projects will come before it in a subsequent process after the adoption of this CP amendment. A subsequent development agreement and zoning code shall be consistent with this CP amendment. This criterion applies to each of the following code references contained within Step 7. 37. With respect to JCC 18.15.025 and JCC 18.15.115 on land use districts, the Board concluded that new zoning code language will be developed at a later phase, describing a second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR currently designated under the CP. 38. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on purpose and intent, and consistency with RCW 36.70A.360. A new MPR is thus appropriate at this location. 39. The Board further determined that in accordance with JCC 18.15.123, a subsequent development agreement and zoning code will ensure consistency with said section. 40. The Board affirmed that the provisions of JCC 18.15.129 are applicable to this proposal, pertaining to the nature of the application as a Type V legislative process, and include a draft master plan (summarized in the FEIS), a site-specific CP amendment, and require a development agreement at a later phase in the process. 41. The Board affirmed that decision-making authority is granted to the Board under JCC 18.15.132, after ensuring the veracity of the planning commission process, and after reviewing its recommendations. A development agreement and zoning code will be developed in a subsequent phase. 6 42 43 44. 45. 47 48. 49. 50 46 With respect to 18.15.135, the Board concluded that the application to develop will take place at project-level phases subject to the development agreement and zoning code, consistent with this approval of the CP amendment. The Board determined that 18.15.138 shall be amended at a later date to include revisions and/or additions to Title t7, in order to establish a zoning code for the Brinnon MPR. This shall be accomplished through a Type V legislative process. Step 8: With respect to the directives set forth in RCW 36.70, the Planning Enabling Act, the Board concludes that all steps in the process were conducted properly, including the application submittal; the public process, review, and recommendations by the Planning Commission; the public process conducted by the Board; its own findings; and its position as the sole decision-making authority whereby the Planning Commission's recommendation is advisory only and the final determination always rests with the Board. Steps 9-14: The Board determined that the procedural requirements of JCC Section 18.45.080(2)(c), in which for all adopted amendments the Board shall develop findings and conclusions which consider the growth management indicators set forth in a) JCC Section 18.45.050(4Xb) (i) through (vii, and b) items (i) through (iii) in JCC Section 18,45.080(1Xb), have been met. Findings and glowth management indicators are further explained below. SEPA mitigations called out in Chapter 5 of the FEIS shall be adhered to through development of a zoning code, development agreement, and any permit applications. Further conditions of approval are identified in item # 63 (below). The Board directed staff to prepare this ordinance, provide for legal review, and prepare a record identiffing all components of this CP application process. Further, the Board voted unanimously to amend the CP. JCC Section 18.45.080(l)(c), which contains eight criteria from which the Board must generate findings, is applicable only to site-specific Comprehensive Plan amendments. Inquiry into the growth management indicators referenced above was begun for the 2007 Docket through the DCD integrated StaffReport and SEPA Addendum of September 5, 2007. The Board's findings and conclusions with respect to the growth management 7 indicators are augmented by the September 5, 2007 staff findings and conclusions, except when and as noted below. 51. With respect to JCC Section 18.45.050(4XbXi), which asks whether assumptions regarding growth and development have changed since the initial CP adoption, the Board concludes that census data indicates that the population growth rate in this county has slowed in the last two to four years, and is slower than projected. 52. With respect to JCC Section 18,45.050(4xbxii), which asks whether the capacity of the County to provide adequate services has diminished or increased, the Board concludes that this CP amendment as conditioned will not impact the ability of the County to provide services. 53. With respect to JCC Section 18.45.050(4)(b)(iii), which asks if sufficient urban land is or has been designated within the County, the Board concludes that this proposal may constitute additional urban lands (as allowed under RCW 36.70A.360) to the Jefferson County Comprehensive Plan amendments made effective by adoption of this Ordinance. 54. With respect to JCC Section 18.45.050(a)@)(iv), which asks if any of the assumptions on which the initial CP was based have become invalid, the Board concludes that the assumptions upon which the CP is based have generally not changed. 55. With respect to JCC Section 18.45.050(a)@)(v), which asks if any of the countywide attitudes upon which the CP was based have changed, the Board concludes that the countywide attitudes have not generally changed since this CP amendment was submitted. 56. With respect to JCC Section 18.45.050(a)@)(vi), which asks if there has been a change in circumstance that may dictate the need for an amendment, the Board concludes that a conceptual Brinnon MPR was identified in the Brinnon Sub-Area Plan adopted into the County's CP on May I ,2002, and that there have not been any overarching or countywide changes in circumstances that would dictate or require a shift in the policies reflected in the CP with respect to MPR designations. 57. With respect to JCC Section 18.45.050(a)@Xvii), which asks if inconsistencies have arisen between the CP, the GMA and the Countywide Planning Policies, the Board concludes that these amendments do not reflect any such inconsistency, since a variety of rural residential densities is maintained even after adoption of this CP amendment. 8 58 59 60 Pursuant to JCC Sections 18.45.080(2)(c) and 18.45.080(lxb), the Board finds that: (l) Circumstances related to the proposed amendment and/or the area in which it is located have not substantially changed since the adoption of the Jefferson County Comprehensive Plan. (2) The assumptions upon which the Jefferson County Comprehensive Plan is based continue to be valid. (3) Based upon public testimony, the proposed amendment may reflect current widely held values of the residents of Jefferson County. In addition to the required findings set forth in JCC Section 18.45.080(lxb), in order to recommend approval of a formal site-specific proposal to amend the Comprehensive Plan, the Board must also make eight (8) findings as specified in Section 18.45.080(l)(c)(i) through (viii). Pursuant to JCC Section 18.45.080(1)(c), the Board enters the following findings: (i) The proposed site-specific amendment meets concrurency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff, fire, and emergency medical services, parks, fire flow, and general governmental services). (ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan. (iii) The proposed site-specific amendment will not result in probable significant adverse impacts to the county's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigate{ and will not place uncompensated burdens upon existing or planned senrice capabilities. (iv) The subject parcel is physically suitable for the requested land use designation and the anticipated land use development, including but not limited to the following: a. Access b. Provision of utilities; and c. Compatibility with existing and planned surrounding land uses. 9 61. 63 62 (v) The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole. (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the basis of the Comprehensive Plan. (vii) If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the Countywide Planning Policy for Jefferson County, applicable inter- jurisdictional policies and agreements, and local, state and federal laws. Master Planned Resorts are governed under a distinct statutory provision within the GMA. They are not Rural Lands, and thus are not Limited Areas of More Intensive Rural Development (LAMIRDs). Instead, RCW 36.70A.360 provides that new MPRs "...may constitute urban growth outside of urban growth areas as limited by this section." MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for a Master Planned Resort (lvfPR) designation. (See Exhibit A for the complete legal description and Exhibit B for a map.) In consideration of the public interest, and pursuant to the authority that is granted the County legislative authority under SEPA by RCW 43.21C.060, WAC 197-t1-660 and Jefferson County Code 18.40.770, the Board enters certain of the following conditions for approval of the CP amendment MLA06-87, recognizing that certain of the conditions listed here are imposed not in reliance upon SEPA but instead pursuant to the Board's general police power as a legislative body [arising from Article XI, $ 11 of the State Constitution and RCW 36.32.120(7)1, particularly conditions d, e, f, g, v, x, aa and bb: a) Any analysis of environmental impacts is to be based on science and data pertinent to the Brinnon site, This includes rainfall projections, runoff projections, and potential impacts on Hood Canal. 10 b) All applications will be given an automatic SEPA threshold determination of Determination of Significance (DS) at the project level except where the SEPA- responsible official determines that the application results in only minor construction. c) The project developer will be required to negotiate memoranda of understanding (MO[I) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency Medical Services (EMS), housing, police, public health, parks and recreation, and transit prior to approval of the development agreement. Such agreements will be encouraged specifically bet'ween the developer and the Pleasant Tides Yacht Club, and with the Slip owner's Association regarding marina use, costs, dock access, loading and unloading, and parking. d) A list of required amenities shall be in the development agreement along with conditions for public access. e) Statesman shall advertise and give written notice at libraries and post offices in East Jefferson County and recruit locally to fill opportunities for contracting and employment, and will prefer local applicants provided they are qualified, available, and competitive in terms of pricing. f) Statesman will prioritize the sourcing of construction materials from within Jefferson County. g) The developer shall commission a study of the number ofjobs expected to be created as a direct or indirect result of the MPR that earn 80% or less of the Brinnon area average median income (AMI). The developer shall provide affordable housing (e.g., no more than30o/o of household income) for the Brinnon MPR workers roughly proportional to the number ofjobs created that earn 80% or less of the Brinnon area AMI. The developer may satisff this condition through dedication of land, payment of in lieu fee, or onsite housing development. h) The possible ecological impact of the development's water plan that alters kettles for use as water storage must be examined, and possibly one kettle preserved. i) Any study done at the project level pursuant to SEPA (RCW 43.21C) shall include a distinct report by a mutually chosen environmental scientist on the impacts to the hydrology and hydrogeology of the MPR location of the developer's intention to use 11 one of the existing kettles for water storage. Said report shall be peer-reviewed by a second scientist mutually chosen by the developer and the county. The developer will bear the financial cost of these reports. j) Tribes should be consulted regarding cultural resources, and possibly one kettle preserved as a culfural resource. k) As a condition of development approval, prior to the issuance of any shoreline permit or approval of any preliminary plat, there shall be executed or recorded with the County Auditor a document reflecting the developer's written understanding with and among the following: Jefferson County, local tribes, and the Department of Archaeology and Historical Preservation, that includes a culfural resources management plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits; and during construction to maintain site integrity, provide procedures regarding future ground-disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. l) A wildlife management plan focused on non-lethal strategies shall be developed in the public interest in consultation with the Department of Fish and Wildlife and local tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub- Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S. Highway 101, to reduce the conflicts resulting from wildlife foraging on high-value landscaping and attraction to fresh water sources, to reduce the dangers to predators attracted to the area by prey or habitat, and to reduce any danger to humans. m) No deforestation or grading will be permitted prior to establishing adequate water rights and an adequate water supply. n) Approval of a Class A Water System by the Washington Department of Health, and approval of a Water Rights Certificate by the Department of Ecology shall be required prior to applying for any Jefferson County permits for plats or any new development. o) Detailed review is needed at the project-level SEPA analysis to ensure that water quantity and water quality issues are addressed. The estimated potable water use is 12 based on a daily residential demand used to establish the Equivalent Residential Units (ERU) for the development using a standard of 175 gallons per day (gpd). The goal of the development is 70 gpd. All calculations for water use at any stage shall be based on the standard of 175 gpd. p) A Neighborhood Water Policy shall be established that requires Statesman to provide access to the water system by any neighboring parcels if saltrvater intrusion becomes an issue for neighboring wells on Black Point, and reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding. q) Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessary to achieve the goal of designing and installing stormwater management infrastructures and techniques that allow no stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils present at the MPR location. Soils must be proven to be conducive to the intended infiltration either in their natural condition or after amendment. Marina discharge shall be treated by a system that reduces contamination to the greatest possible extent. r) A County-based comprehensive water quality monitoring plan specific to Pleasant Harbor requiring at least monthly water collection and testing will be developed and approved in concert with an adaptive management program prior to any site-specific action, utilizing best available science and appropriate state agencies. The monitoring plan shall be funded by a yearly reserve, paid for by Statesman, that will include regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition to any onsite monitoring regime. s) The developer must ensure that natural greenbelts will be maintained on U.S. Highway l0l and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature trees between U.S. Highway l.01 and the Maritime Village, wetlands, and wetland buffers. Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at its expense, shall manage these l3 easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Highway 101. 0 The marina operations shall conduct ongoing monitoring and maintain an inventory regarding Tunicates and other invasive species, and shall be required to participate with the County and state agencies in an adaptive management program to eliminate, minimize, and fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. u) In keeping with the MPR designation as located in a setting of natural amenities, and in order to satisff the requirements of the Shoreline Master Program (JCC 18.15.135(l),(2),(6), the greenbelts of the shoreline should be retained and maintained as they currently exist in order to provide for "the 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." In keeping with Comprehensive Plan Land Use Policy 24.9, the site plan for the MPR shall "be designed to blend with the natural setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas," Evergreen trees and understory should remain as undisturbed as possible. Statesman shall infill plants where appropriate with indigenous trees and shrubs. v) In keeping with an approved landscaping and grading plan, and in order to satisff the intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the buildings should be constructed and placed in such away that they will blend into the terrain and landscape with park-like greenbelts between the buildings. w) Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of l0 inches or greater at breast height (dbh). An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e., l0 inches or more in diameter at breast height (dbh)) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects. t4 x) Statesman shall use the LEED (Leadership in Energy and Environmental Design) and "Green Built" green building rating system standards. These standards, applicable to commercial and residential dwellings respectively, "promote design and construction practices that increase profitability while reducing the negative environmental impacts of buildings, and improving occupant health and well-being." y) There shall be included as a best management practice for the operation and maintenance of a golf course within the MPR that requires the developer to maintain a log of fertilizers, pesticides, and herbicides used on the MPR site, and this information will be made available to the public. z) Statesman shall use the International Dark Sky Association (IDA) Zone E-1 standards for the MPR. These standards are recommended for "areas with intrinsically dark landscapes" such as national parks, areas of outstanding natural beauty, or residential areas where inhabitants have expressed a desire that all light trespass be limited. aa) In fostering the economy of South Jefferson County by promoting tourism, the housing units at the Maritime Village should be limited to rentals and time-shares; or, at the very least, it should be mandated that each section be required to keep the ratio of 65Yo to 35Yo of rental and time-shares to permanent residences per JCC 18.15 .123(2). bb) Verification of the ability to provide adequate electrical power shall be obtained from the Mason County Public Utility District. cc) Statesman Corporation shall collaborate with the Climate Action Committee (CAC) to calculate greenhouse gas emissions (GHGs) associated with the MP& and identiff techniques to mitigate such emissions through sequestration and/or other acceptable methods. dd) Statesman Corporation is encouraged to work with community apprentice groups to identiff and advertise job opportunities for local students. l5 NOW, THEREFORE, BE IT ORDAINED as follows: Sectiog One: Under MLA06-87 [Statesman], the map of Comprehensive Land Use Designations is hereby amended to reflect that the parcels of property located in Brinnon, Washington, and found in the legal description (see Exhibit A to this Ordinance) accompanying this CP application, shall be given in their entirety an underlying land use designation of Master Planned Resort. Section Two: The Comprehensive Plan narrative on page 3-23 would be amended to add language below the last paragraph that would read: Early in 2008, Jefferson County designated a new Master Planned Resort (MPR) in Brinnon. The new Master Planned Resort is 256 acres in size and includes the Pleasant Harbor and Black Point areas. The Marina area is existing and would be further developed to include additional commercial and residential uses such as townhouses and vilIas. The Black Point area of the new resort would include new facilities such as a golf course, a restaurant, a resort center, townhouses, viIIas, staff housing, and a community center. The overall residential construction would not exceed 890 total units. Section Three: If any section of this Ordinance is deemed either non-compliant or invalid pursuant to the Growth Management Act, then the development regulations and"/or underlying zoning designations applicable to that parcel or parcels prior to adoption of the non-compliant or invalid section of this Ordinance shall be applicable to that parcel or parcels. Section Four: If any section of this Ordinance is deemed either non-compliant or invalid pursuant to the Growth Management Act, such a finding of non-compliance or invalidity shall not nullify or invalidate any other section of this Ordinance. Section Five: The map and legal description are hereby incorporated by attachment. 16 Section Six: In consideration of the weather emergency situations of December 2007, and within the overall public interest, the Board extended the decision date on these CP amendments to January 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the MPR for Black Point met the legislative intent of Resolution 113--07 as the decision date for the legislative decision. This Ordinance becomes effective on the date it is executed. APPROVED AND ADOPTED this 28th day of JanuarSr 2008 JEFFERSON COUNTY BOARD OF COMMISSIONERS PhiI J lvan 0t t Y I tt U 't.*- a I! 5 , CMC Deputy Clerk of the Board Approved as to form: David Alvarez, Deputy C Austin 3)z?$8 Attomey t7 C' '. ta ,€ l t.' ATTEST; ExhibitA Ondinance No. 01-0128-08 The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties described below, excluding only that potion of any parcel lying westerly of US 101, and together with DNR leased tidelands supporting the Pleasant Harbor Marina. PARCEL A: ahe Nort,heasE L/4 of Ehe SouEhweat t/q ot gceE,ion L5, Township 25Nort.h, REng€ 2 w€at, w.M., ln ,IGf ferson County, $lashinglon; TOGETI{ER WITE a perpeEual non-exclueive%asemenc fer road anduEllicy purposee throrrgrh. acroo€ and over uhe followlng described proPert,y r Beginntng at Ehc souEhsa6E corner of th€ sout,hurecE 1,/4 of rhc NorEhwegt L/a ot eald SecEion l-5rthence run HeEt. along the SouEh line of aaid SouthvesE L/4 af. Ehe NorEltwest 1/4, approximaEely L?5 feer Eo the SouEherly lineof B1ack Poj.nt eount,y Road; Lhence NoruheasEerly, along eald SouEhcr1y 1lna, to a point 30feec Nort,h of sald South line wherr meaoutred aL righr, angles; thence Eaai, paral!.e} Eo satd Sout,h lina, Eo Ehe Eaet llne ofsald SouEhwesE. 1/{ of Ehe Nort,tth,eec 1/rt,.thence SouEh 30 feeE uo t,he polnE of beglnning; A![D over and acroge Ehe Weat 30 f,eot, of, Ehe SouEh 30 teet of Government. Lot. 4 In eald Sectlon 15. SlEuaE,s in Ehe County of, rlef,fcrson, gt,aEe of WashlngUon PARCEL B: ?ha EasE L/2 of bhe NorthwcsE, 1,/4 of che Sout,huest 1/4 oE gection 15, Township 25 Nortfi, Range 2 west., W,M.. ln Jeffereon Counly, WaehingUou,; gxcEP? EhaC, porcion thereof, lyingconveyed tso the sEaea of WaghlngEon Duckabush Rlver-Nort,h SecBlon, by dacd wlE,hin a strip of land , for State Road No. 9, dared Augruat, 28, 1933, and81?, reeords of Jefferson?0reeorded under Audltor's F1le No,County, Washingtoa. SlLuars ln tshe Count,y of rTef feraon, 6Cata of WaehingEon. 99999 -97 7 4(-ECAL I 3 889965. I PARCEI-r C: Those port,ions of Sect,lons 15 and 22, both in Township 25 Norch, Range 2 WesE, W.l'1., .Ief ferson CounLy, WashingLon, described ae folLows: The soubhweet L/4 of the Sout,heast l/4 and GovernmenE IJot 7 of said Sectlon 15, and Government I/ots 2 and 3 of said SecLion 22i EXCEPT Ehose porEions chereof lying East of the WesE line of Ehe Easc 595.00 feet. of aaid gouthteat, Llt ot. che SoutheasE 1/+, and Eaet of the Souther).y prolongation of gaid Wesb llne; AIJSO EXCEPT EhaE porEion of Lhe West f00.00 feet of said Governmene Lot 7, lying Sout,herly of the Noruh 539.00 feet Ehereof. TOGEIITER WITH tidelands of Ehe Second Clase, as corrveyed by r.he staee of Washington, sltuate in front of, ad.jacent to and abuEtlng upon the Wesu L/2 in width of said Governrnent lrot 2, ln said Saction 22. Sltuate in the CounLy of Jefferson, State of waehingEon. PARCEI, D I Thau poruion of t,he Norehwest 1,/4 of the SouiheasE l/q in SecEion 15, Townshlp 25 North, Range 2 t{est W.M., lying SouLherly of the nlack Poin[ Road as conveyed to 'Jefferaon county by deed recorded under AudiEor's !'lJe Nos ?23{27, recordg of said Counuy; EXCEPT that porEion deseribed ae follows: ThaE port,ion of the Northwe1e L/4 of ghe SoutheasE L/4 of Sect,ion 15, Townehtp 25 North, Range 2 Weet, !f.M., described as followEr Beglnnlng at the polnu of inEersectlon of E,he East line of the Northwest L/4 of the gout,heast l/4 and Ehe southerly margin of the Black Polnt Road; thence Souch aLong Lhe said Easu l{ne, a disEance of 300 feet,; thence Weet, 350 feeE; Lhence North to rhe p6int of lntersection wtth. Ehe Southerly margln of the Black Polnt. Road; Ehence EaeEerly along sald Southerly margin [o bhe Point of Beginning. SltuaEe in uhe CounEy of ,Iefferson, State of llashingtson. 99999 -97 7 4lLEGAL I 3 889965. I PARCELT E I ThaE poruion of the SouEhwesE 1/4 of the NorEhweet. l/4 of Sectiort15, Townahlp 25 NorEh, Range 2 West, I,{.M., as fol}ows: A serlp of land 250 feeu wide }ying Eascerly of and paralle1 Eo ehe Sout,heasterly rlghe-of-way of StaEe Hlghway 101; EXCEPT Eh6 righc of way for Black PolnE Road aE conveyed to ,.fetferson County by deed reeorded under AudlEor'e Fil.e No, 223421 and 410339, records of rleff,crson CounEy, Washington. ALSO EXCEPTING THEREFROM Ehe EolJ.owl.ng deacrlbed traet; Beglnnlng at, Ehe SouEhweat corEer of OovBrnmcnE LoE 3, uhence tg6rth ga'23, O1n wesE 308.14 feeE Eo Ehe Southeaeterlyrighc-of-way of gEate Highway No. I01, aad Ehe TRUE POfNT OF BEGINNING; Lhence SeuEhweslerly along sald Highway. 117 feeE, Ehence sotrEh 88- 23' o?s Easu, to a poinE 1?5 f,eeE West of Ehe hlgh Eide line; Lhence NorEheaeterly Eo a poinE on thc NorEh line of the Southwest t/+ of Ehe NorthwegE 1/4,100 feeu wegE of sald high tide Iine; E,hence North 88 0 33' O7't Wear to the TRTIE porMr OF BEGTNNTNO of E,hts exception. SiE,uatse tn the eounLy of rTeff,ereon, St.aE€ of lilachirtgcon. PARCEL F: LoC l of t{aBertouch ShorE P1aE, as reeorded in VoJ,ume 2 of ShortPlacs, pages 205 and 206, recorde of rfeff,ereon County, Washingf,on, belng a portton of SeeElon 15, Torruahtp 25 NorEh, Range 2 Wesf , !{.M., 'Jefferson CounEy, }Iaehlngt,on. SituaEe ln ehe County of ulefferaon, SEaEE of Waehingtson. PARCEL GI LoE, 2 of Wagert,oueh Short Plat, as recorded ln Volume 2 of ShortPIaEs. pagee 2oS and 206, recorde of .fef,f erson Count,y,Waehingt,on, belng a porElon of gaeElon 15, rownshlp 25 Nort,h, Range 2 l\teBe, W.M., rfeff,ereon CounEy, WtBhingBon. Sit,uat,e 1n the County of Jeffereon, State of WashinEE,on. 99999 -97 7 4 lLEGA L I 3 8 8996 5. I PARCBI, H I LoE,3 of waterLouch 6hort PLat,, as rtcorded in Volume 2 of gtiort PlaLs, paEes 2o5 and 206. records of Jefferson CounEy, [']ashlngton, being a portion of Sectlon 15, Township 25 Norch, Range 2 wesE, I{.M., .TefEereon CounEy, llashingbon. Sit,uate in Ehe County of ,-Iefferson, Et,aEe of 9fashingEon. PARCEII I : Lot 1. PleasauE Harbor Marlna Short Fl'a!, aa Per plat recorCed ln Volume 2 of Short Plate, page6 221 Lo 223 and amended in Volume 3 of Short PlaE.s, page8 I t,o 10, records of ,Jefferaon CounEyr [Iashington, EXCEFT EhaE porclon of lob I described aa f o].l,ol'rs: That porEion of Government Lot 3 abuEtlng 2nd claes t,idelands in Section 1,5, Townshlp 25 NorEh. Range 2 West, !,I.14., Jefferson CcunEy, WashlngEon, being more parEieularly deecribed ae followsr Commencing at the NorEh L/4 corner of SecUion 15, Tovnship 25 NorEh, Range 2 wgsE, $I.M., 'Jeffereon CounE,y, Waehington; bhence South 88' 13' 421 EasL along the NorEh lIne of said SecLion 15 for a digtance of 36+.50 fect, Eo the point of beglnning; rhence continuing SorrE,h 88o 13' 4zn EasE 238.?6 feeu to the llne of mean high Eide; thence souEh 6L" iz' oo.. ttesE along the Llne of mean high tide 34,78 feeE; Ehence NorEh 40o 4L' 5{n ulest along Ehe llne of mean high tide 3.31. feet,,' Ehence Soueh 62o 36' 19" West along the line of mean htgh uide 26.83 feeE,; . Ehence Souch 870 s{', 350 Weet 155,65 feet;thence North 21" 2!' 05'r HesE 43.O0 feeE, Eo Ehe point of beginning, AND .A,iJSO EXCEPTING Second CLass Eideland as conveycd by the StaEeof 9tashingEon, in front of, adjacent fo and abutUlng Ehe abovedeecribed excepEed uplando. SiE,uaEe in Ehe County of .fefferson, Sfate of WaehlngEon. 99999 -97 7 4tLEcAL I 3 889965. t FARCEIT Jr SOZtAzorZ ( rJoE 2, Pleaeant Harbor Marlna short, P14tr, aE per plaE rccorded in Volume 2 of Shorts PLaE,s, pagea 221 through 223, and amanded ln Volume 3 of Shorb P1ats, pager 8 through 10, records of .fefferson counLy, washington. TOGETHER WITH second claee Lldelande, ae senveyad by Ehe sEaEe oft{ashington, situate tn lronc of, adJacenE Eo and a}ucCing E.hereon. Situat.e t.n the CounEy of ifefferdon, scata of glaEhlngton. PARCEIT K: Eoe lfseo gro'DN Thoee portions of Ehe Sout,hwest L/q of, Ehe souEh?aac l/4 ot Sectlon 15, and Governrnent IJou 2 of Secrign 22, bot,h In Townshlp25 Nortb, Rangc 2 Wese, Ul ,M., .TefferEon Count.y, Washington,deecrtbed as followe: Tlre Baet 345.0O feet o€ oaid Southwoet L/4 of Ehe Southeaat 1/4, aa rneaaured along Ehe North llne tshereof ,. 'IoGETHER WI'trH rhaE porcion of said GovernrnenE Lot 2 lylng EasC oflhe Soucherly prolongaUlon of Ehe West flne of, sald Eaet 3{5.00 f aeE,. StE.uat.e in tshe County of Jeffereon, Stsabe of Waehtngtson- PARCEL Ie: Soztf ne4 Joo [vtRr*P6 Those porEions ot. che SouEhweEE L/4 of the Southeaet, L/4 of secE,lon 15, and c<rvernm€nt IroE Z of 8€ction 22, boEh 1n Townehtp25 NorE,h, Range 2 WegE,, W,M., rfeEferaon Count,y, Waah!,ngEon, described aa follows: The East 520.00 teetr less ehc East 345.00 feec of eaid gouthrrreeE L/4 of tshe SouEfr€ast l/4, aa meaeured along Che NorEh llne Ehereof TOGETHBR I4ITH that porEion of sald GovernmenE IJot 2 lyinE BasEof the Southerl.y prolongatLon o! Ehe weat llne of eald Eart 520.00 feeE, and West of the Sout,herly prolonEatlon of Lhe EaGeIi-ne of sald Eaec 3{5.00 leet. SituaEc ln Ehe CounUy of, ileffcruon, gtate of !{aahlnEton. 99999 -977 4 tLEcAL I 3 889965, I PARCETT M: foU{3oZZ ChaPue> ftlePu€ Those portions of, che soubhwest, L/4 of the Southeaet L/4 of Sect,ion 1.5, and Govegnment, L,ot 2 of, SecElen 22t both !n Township25 NorEhr,, Range a .,weif ,. w.M.,. Jeff,ereon OCuEny, waEhingEon, The EaeE 595 , o 0 f eet '].es'e , Ehe EasE 520 . Oo fest of said Southweett/4 of, the Southeast'Ll4r o8 measured along t,he North 1lnothereof. Parcel N: 502152017 Lot 4 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records of Jefferson County, Washington, being a portion of Section 15, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Recol.d6 exrlnlnact Eo Fobruary IO, 2oo5, qE B:OO A.M TOGETHBR WITH tlrae portion of said Governmcnt Lot, 2 l"ying East of t,he SouEherly prolongation of th€ Heat, ILne of Eald BasE 595,00 feec and west of the goutherly prolongratlon of, the EaEe l{ne of,said Eaet, 520.0o feec. SltruaEe ln rhe CounE,y of Jefferson, SE,at,e of $lashlngE,on. , .1|. 99999 -97 7 4 TLEGAL I 3 889965, I I Ordinance Number:0t_-01-2 B-0I Exhibit B MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR Brinnon MPR BOCC Adopted Boundury January 14,2008 DNR Lease Legend i:; MPR Boundary ,w &nrdrrtue Duil r&: QrhldtJ:WuaH$tonomR D+l*,l}6.bslh$d B): hS &bdd- M,S. Ol&, Sffi b$r rr6{qe OIr ESSI l<0 250 500 1,000Feet I NOTICE OF ADOPTION BY THE JEFFERSON COI'NTY BOARD OT' COMNIISSIONTERS OX' COMPREHENSTVE PLAI\I AMEI{DMENTS NOTICE IS HEREBY GMN that the Board of County Commissioners (BoCC) for Jefferson County enacted Ordinance #[Replace with number] on January 28, 2008, thereby adopting the Brinnon MPR Comprehensive Plan amendment associated with the 2007 Comprehensive Plan amendment cycle; the decision having been made on January 14, 2008, following the schedule outlined in Resolution #113-07, sigaed on December 10,2007. The Adopting Ordinance was enacted during the regular Consent Agenda at 9:30 AM in the BOCC Chambers, Jefferson County Courthouse, 1821 Jefferson St., Port Townsend. Following is a brief description of this amendment to the Comprehensive Plan. This case has a Master Land Use Application (MLA) file number for reference and is a site-specific amendment. MLA06-87: The Statesman proposal was approved as revised with conditions, to amend the Jefferson County Comprehensive Plan on pages 3-23 and 3-45. The comprehensive plan narrative on page 3-23 would be amended to add language below the last paragraph to read: 'oEarly in 2008, Jefferson County designated a new master planned resort (MPR) in Brinnon. The new master planned resort is 256 acres in size and includes the Pleasant Harbor and Black Point areas. The Marina area is existing and would be further developed to include additional commercial and residential uses such as townhouses and villas. The Black Point area of the new resort would include new facilities such as a golf course, a restaurant, a resort center, townhouses, villas, staffhousing, and a community center. The overall residential construction would not exceed 890 total units." The comprehensive plan land use map designations on page 3-45 for this area would be changed to reflect a master planned resort as outlined in the November 27,2007 final environmental impact statement on page l-4. Five additional site-specific Comprehensive Plan Amendments for the 2007 amendment cycle are enacted in a separate Adoption Ordinance. Availability of Information: Copies of the adopted ordinance are available at the Jefferson County Courthouse, l82l Jefferson St., Port Townsend WA 98368, (360) 385-9100. A copy of the full text of the ordinance will be mailed out upon request. Background information is available at the Dept. of Community Development, 621 Sheridan Sheet, Port Townsend and on the DCD web pages: www,cojefferson.wa.us/commdevelopment. Contact Karen Barrows for more information: (360)379-4482 or kbarro$Ls@co j efferson.wa.us .