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HomeMy WebLinkAbout086Michelle Farfan From: Sent: To: Subject: Attachments: cynthiakoan@gmai l.com on behalf of Cynthia Koan < cynthia.koan@gmail.com > Wednesday, May 18, 2016 L2:29 PM Gary Felder; Kevin Coker; Lorna Smith; Mark Jochems; Matt Sircely; Richard Hull; Tom Giske; Planning Commission Desk PHMPR Draft edits for tonight PC Draft Revisions Pleasant Harbor Zoning Code 5-l-8-16,docx Hi all - these are draft edits for the Pleasant Harbor MPR for us to review tonight. These reflect advice we got from the lawyer who presented at the Short Course on Planning we attended last week, who advised adoption of the MPR regulations before drafting the Developer Agreement to meet those regulations, in order to protect the county and clarify the process. The regulations are about site and process that would be in place for any development. Looking forward to our discussion tonight Sincerely, Cynthia 1 tr PLANNING COMMISSION DRAFT EDIT 5118116 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 Harbo@ Chapter 17.60. General Provisions 17.60.020 Title. The regulations set forth in this title shall be known as the "Pleasant Harbor Master Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these regulations 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 MPR. 17.60.040 Additional requirements. In addition to the requirements of this title. the provisions of Title 15 and Title 18 shall apply to development in the Pleasant Harbor MPR. Apolications for development within the MPR must be submitted as provided for in JCC 18.35 Article V. Binding Site Plans. All subsequent development within the MPR area will be subject to the approved bindine site plan and approved Developer Agreempnt as speqified rn (rcfereoce to code re: developer agreement). 17.60.050 Applicabilitv. The provisions of this title shall applv to all land use actions and sitine of infrastructure including over water or in-water work to be conducted within the boundary of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson County. Washinston. 17.60.060 Exemptions. The followine structures and uses shall be exempt from the reeulations of this title. but 17.60.010 Authoritv. This title is adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title l8 JCC. -l- PLANNING COMMISSION DRAFT EDIT 5IT8116 the county building ordinance. interim critical areas ordinance. the shoreline management master program. and the State Environmental Policy Act (SEPA). (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 sewage. or surface or subsurface water operated or maintained bv a governmental entit), or a public or private utility or other county franchised utilities includine customary meter pedestals" telephone pedestals. distribution transformers and temporary utility facilities required durine buildine construction. whether any such facilitv is located undereround. 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 storase tanks or facilities. which shall require conditional use approval in any zone where permitted: (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: 17.60.110 Preexisting uses and structures. Existing legally-permitted residential and non residential land uses and structures in all zones of the are lawful uses and may be continued in a manner consistent with state law. Titles 15 and I 8 of the Jefferson County Code and any other applicable resulations or Ordinances. 17.60.130 Enforcement The enforcement nrovi sions codifi ed in Chapter 18.50 Enforcement of Title l8 of the Jefferson County Code as currently enacted or as hereafter amended shall apply to any alleged violation of Title 17. Article II. more commonly known as the "Pleasant Harbor Master Plan Re Code." Chapter17.65. Pleasant Harbor MasterPlanned Resort ResidentiaURecreation/Commercial Zone 17.65.020 PermittedUses. (1) Residential uses including single-family and multifamily structures" condominiums. townhouses. apartments" lofts. villas. time-share and other fractionally owned accommodations. (2) Short-term visitor accommodations" constitutine not less than 65010 of the total residential Ordinance #01-0128-08 but not and any residential uses allowed under subsection 1 of this section that is made available for short-term rental. "Short-term rental" shall be construed to mean no more than 4 weeks. -2- 17.65.010 Purnose. The MPR-RRC zone allows residential and recreational facilities. as well as commercial amenities and services associated with the resort and surrounding community. It also allows for the central resort and conference facilities. PLANNING COMMISSION DRAFT EDIT 5118116 not limited to conference facilities: (b) restaurants. cafes. delicatessens. pubs. taverns and entertainment associate with such uses: (c) on-site retail services and businesses typically found in destination resorts and designed to serve the convenience needs of users and employees of master planned resort: and recreation business (4) Cultural and educational facilities of all kinds includins. but not limited to. interoretative displays of local Native American ties to and uses of the area. art galleries. and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to 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" includinq treatment plants" capture. storage and transmission facilities to serve a reuse/recvcle program for on-site treatment and use/reuse of waste water and stormwater:(7) Public water supply and related facilities: (8) Public facilities and services as defined in JCC 18.10.160: (9) Utilities supportine the resort:(10) Emergency services (fire. police. EMS): (.11) Medical services: and Other similar uses consistent zone and MPR Department of Community Development. 17.65.030 Heieht restrictions. No buildings within the MPR-GR zone shall be erected" enlarged or structurally modified to exceed 50 feet in height as measured by IBC standards. Undereround or imbedded parkinq shall not be included in anv heieht calculations. 17.65.040 Bulk and densitv requirements. 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 l0l is 60 feet. Chapter 17.70. Open Space Reserve And Critical Areas Protection Zone (MPR- OSR/CAPA ) 17.70.010 Purpose. Critical areas and their buffers within the MPR boundaries shall be identified. described and permanentlv protected in accordance with JCC 18.22 and included on the official man of thePleasant Harbor MPR. The purpose of the MPR-OSR/CAPZ is to set aside all passive open space areas and protect all critical areas and buffers as well as to provide for a natural veeetated buffer area between the resort activities and the waters of Hood Canal. The MPR-OSR zones shall all include all lands extending landward 200 feet from OMHW of Hood Canal as measured under the Shoreline Management Act (Chapter 90.58 RCW) or 50 feet from the top of the bank as measured under Chapter 18.22 JCC. whichever is greater. A building setback of 10 feet shall apply to all designated buffer areas. -J- PLANNING COMMISSION DRAFT EDIT 5118116 17.70.010 (a) Kettles. A "kettle" is defined as a bowl shaped depression formed in a depression on the land surface left by an ice block after glacial retreat. Black Point has three such geologic and culturally significant features inside the MPR boundaries, referred to as Kettles A, B, & C. Kettle ponds/wetlands are identified by the Washington Department of Ecology as a type of wetland difficult to replace. The three kettle pond sites on Black Point inside the MPR boundaries should be restored, preserved, and protected with adequate native vegetation buffers. 1 7. 70.0 I 0 (b) Special Environmental Protection Provisions Not withstanding all other environmental requirements. the MPR approved plan must have provisions for: (1) Sole Source Aquifer. Well-head Protection and Aquifer Recharee Area The aquifer underlying Black Point" which includes the entire Pleasant Harbor Marina MPR area. is a sole source aquifer for all of Black Point. Permeable soils on site mean potential contamination of the aquifer could occur from improperly directed run-off" spills or other contamination of fertilizers. pesticides. herbicides and petroleum products. puttine human health at risk as well that of as marine and wildlife. An approved plan for directing untreated run-off away from the aquifer and treatine all on-site run-offwith advanced biofiltration (or better at construction?) prior to any discharge to the aquifer. (new item or with next item?) An approved be to the overall MPR application for review and approval. or approval with conditions. (2)All development and landssapine within the PHMPR area must be located. constructed. and maintained in such a manner as to provide full protection to the aquifer and any on-site or neishborine wells that rely on that aquifer for potable water. (3) No golf course greens should be constructed over the sole-source aquifer. and site grading and excavation should be minimized. as demonstrated by a County reviewed and approved grading plan pursuant to (code reference needed JCC). (4) Land disturbine activities such as eradine and filling shall be kept to a minimum and natural contours shall be followed in locating and designing all development features to protect the natural environmental uniqueness of the site. No filling of wetlands shall be allowed. unless all other avoidance measures have been exhausted and mitieation of the lost function. acreage and value shall be at a ratio of 3:1. (llRegular independent water quality testing shall be conducted at specific monitoring sites to be identified in the Resort Plan to test for saltwater intrusion and toxic contamination in local wells that rely on the Black Point sole source aquifer, as well as testing in the lower reaches of the two adjoining watersheds for toxic contamination and low oxygen levels. (6) All development and land disturbance shall protect/avoid all important cultural/historic sites that are listed, or eligible to be listed by State Historic Preservation Officer or by a local Tribe with jurisdiction (site is included in Tribe's ceded area-Point No Point -4- PLANNING COMMISSION DRAFT EDIT 5118116 Treaty Tribes). (we need to reference PNPT as a separate fact early on, methinks, because it seems important to highlight.) (7) The owner/developer or assignees must provide for all on-site recycling of material, including paper, glass, cardboards, plastics, and composting of garden waste, food waste. All compost should be reused on site. The Pleasant Harbor Marina shall provide waste holding tank pump out for vessels, and shall maintain a recycling station, including the means to recycle used vessel oil. (8) The applicant shall identify wildlife use areas within the site and provide for set-aside and protection of core wildlife habitat areas and connecting corridors. (9) In cooperation and consultation with local tribes, areas shall be set aside and maintained for the occasional harvesting of medicinal plants and other plants important to tribal culture. (10) All development with the Pleasant Harbor MPR must comply with the requirements for buffer retention, wildlife protection, greenbelt retention and maintenance and establishment of permanent protective easements for these resources, as well as the other specific requirements of Jefferson County Ordinance 01-0128-08, which was part of the Board of County Commissioners approval for establishment of the Pleasant Harbor MPR. 17.70.010. (c) Public Access to MPR Amenities All amenities and recreational resources of the development shall be open to all members of the oublic. with the exception of those type of activities pertaining to euests and residents onlv such as access to laundry rooms or internal recreation rooms. TV rooms. etc. 17.70.020 Permitted uses. The following uses ma), be allowed in the buffer and open space areas in MPR-OSR zone after a determination has been made that such uses will not reduce the protection afforded to either the critical areas or their buffers : (1) Passive recreation that does not reduce the forest canopy. increase stormwater discharge or bluff erosion. Trails should be constructed so as to avoid tree clearine and be made of oreanic materials. be installed in such invol a minimum of disturbance to soils or vesetation. 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 operations. 17.75.020 Permitted uses. The followins uses are permitted in the MPR-MV: and -5- PLANNING COMMISSION DRAFT EDIT 5118116 (l) Marina and overwater structures as approved through the Jefferson County Shoreline Master Proqram and associated resulations Chapter 18.25 JCC:(2\ Residential uses includine sinele-&mily and multifamilv structures. condominiums. time- share and fractionally owned accommodations of all kinds; mixed use commercial and service facili open parking lots. restaurants and shops" as well as marine service facilities. marina office. yacht club and recreation facilities servins the resort and the Marina: (3a) All over-water buildines and docks shall be constructed so as not impede mieratine fish and to minimize shadine. GL Accessory uses and structlrgs, such as . carports. storase buildinss and similar structures supporting marina and maritime villase uses. fuel service and parking:(5) Indoor and outdoor resort-related recreational facilities. includins but not limited to tennis courts. swimmine pools. marinas. hiking trails. bicycle paths. ropes courses. game center and other recreational uses consistent with the nature of the master planned resort.: Utilities the(7) Infrastructure and buildings. both above and below ground. for the utilities: servlces (9) Public facilities. and services servine the MPR-MV zonel(10) Medical services: and (10) Other similar uses consistent with the purpose of the this zone and MPR as determined bv the Department of Community Development and consistent with 18.25 JCC. 17.75.030 Heieht restrictions. No buildinss within the MPR-MV shall be erected. enlarged or structurally modified to exceed 35 feet in heieht as bv IBC standards. Underground or imbedded parking shall not be included in any height calculations. 17.75.040 Bulk and density requirements. 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 Proeram as codified at Ch. 18.27 JCC Chapter 17.80. Pleasant Harbor Resort Development 17.80.010 Resort development. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides for ma or minor revisions to all resort and associated development within the Pleasant Harbor MPR. 17.80.020 Development cap. The Pleasant Harbor MPR in total shall have a development cap of 300 residential units provided. however. short term visitor accommodation units shall constitute not less than than 65 of the total units. The Pleasant Harbor MPR in total 70.000 square feet of resort commercial" retail" restaurant and conference space. not includinq internal open space. (sq footage needs to change with reduction in units??) -6- PLANNING COMMISSION DRAFT EDIT 5118116 17.80.030 Resort Plan and Developer Asreement The Resort Plan shall consist of an approved binding site plan. including monitoring and operational plans. and an approved Developer Agreement for future development of properties in the Pleasant Harbor MPR . The process for approval of such aereements is contained in 18.40.060 JCC 17.80.040 Permit process for resort development. (l) A project-level supplemental environmental impact statement (SEIS) analyzing development of the Resort Plan is required prior to issuance of building permits for any new resort developmeul.(2) Notice of Resort Plan application and environmental review under SEPA Plan shall be provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18. (3) Actual building permit plans or construction drawines may not be required durine the SEPA review process. but submitted architectural drawines must contain and demonstrate sufficient details. including a detailed site plan. showing approximate elevations. sections" and floor plans are required. however. to ensure that the SEPA review process analyzes and consjders project-level details and allows for identitving appropriate levels of mitigation. (4) The department of community developlnent may impose mitigating conditions or issue a denial of some or all of the Resort Plan based on the environmental review and using authority provided pursuant to the State Environmental Policy Act. Chapter 43.2lC RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development. (5) Followine completion of the SEIS buildine permits may be issued. following appropriate plan review. for projects analyzed in the SEIS. resort be tn but onl of review and approval of a full resort buildout plan through the SEIS process. A phasing schedule may be proposed as part of the environmental review or may be developed at a later date. Environmental review Resort Plan (1) All project level applications will be presumed to meet the threshold for a SEPA Determination of Significance except where the SEPA-responsible official determines that the application results in only minor impacts. Existing environmental review documents ma), be adopted under SEPA if those documents are sufficiently up to date and sufficientl), detailed to adequately address environmental impacts and mitieation as set forth in RCW 43.21C.034. rcquirements a+a prd Mditor,snote:originalsubsection(2)shownscratchedoutbecauseit was removed, remaining subsections renumbered. This item covered in developer agreement. This text removed for final draft recommendation submission.(2) The utility element of any subsequent phase of SEPA review pertainins to the Pleasant Harbor MPR shall provide information on all affected utility systems. includine sewer and water -7- PLANNING COMMISSION DRAFT EDIT 5118116 s)rstems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated and adaptive management applied. Supplements or changes to the monitorine and reporting s)rstems shall be considered if necessary to ensure that water qualitv and water supply are adequately protected and impacts to natural resources minimized. Requirements for water quality and quantit), monitoring as well as for run-off impacts shall be specified in the Developer Aqreement as soecified in 17.80.030. for future within the Harbor MPR consistent with approved Resort Plan. Other elements. issues. and specific levels of detail may available at the time is submitted. Elements noted above may be combined in the SEPA analysis to reduce duplication and narrow the fosus on potentially siq 17.80.060 Revisions to Resort Plan.(1) Any proposed revision of size of scepe to the Pleasant Harbor MPR boundary or zone chanees within the MPR. shall require a Comprehensive Plan amendment and related zoning action. Such changes are outside the scope of the revision processes described below and in JCC 17.80.070 and 17.80.080. The Countv may approve an amendment to the Comprehensive Plan only if all requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled. (2) The County shall accept building permits only for projects included in and consistent with the Resort Plan. A revision to the existine Resort Plan shall be submitted to the county for approval prior to the acceptance of anv proposal that is inconsistent with the Resort Plans set forth in this title. Upon approval of a revision. all subsequent development proposals shall be consistent with the revised Resort Plan and development regulations. J Resort Plan Community Develooment (DCD) and the DCD director will determine whether the proposal constitutes a maior or minor revision. Upon makins a determination. the proposed revisiou shall follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.070 Minor revisions.(l) Minor Revisions. Resort Plans may require minor changes to facilities and services in or .Minor revisions can be do not result in a substantial change to the intent or purpose of the Resort Plan in effect. A chanee that satisfies the following criteria shall be deemed a minor revision for pumoses of this chapter: (a) Involve no more than a ten 5olo percent increase in the overall qross square footage of the Resort Plan:(b.) Will have no additional impacts on the environment and/or facilities than that addressed in the develoLrmpnt plaq; (c) Do not alter the boundaries of the approved plan: (d) Do not propose new uses or uses that moditv the recreational nature and intent of the resort. (2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to. and reviewed by the Jefferson County Department of Community Development (DCD) to determine if the revisions are consistent with all of the the approved provisions of the Resort Plan. the Jefferson Countv Comprehensive Plan and other pertinent documents. Those proposals that satisfr the above-referenced criteria shall be deemed a minor plan revision and may be -8- PLANNING COMMISSION DRAFT EDIT 5118116 the land use Unified Development Code) by the director of the department of communitv development. Public notice of the application. the written decision. and appeal opportunities shall be 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 major revision. subiect to the provisions outlined in JCC 17.80.080. 17.80.80 Maior revisions. Revisions to the Resort Plan that will result in a substantial chanee to the resort including: changes in use, increase in the intensity of use. or in the size. scale. or density of development: or changes which mav have additional impacts on the environment beyond those reviewed in previous elvironmental documents. require application for a revised Resort Plan. (l) 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 providing a framework for review. analysis and mitigation of the revised development activitv orooosed. The Resort Plan proposal shall include the followins information: (a)An explanation of whv strict adherence to the approved Resort Plan and (b) Developer Agreement is no longer feasible: 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 comolements the existing resort facilities of the MPR;(c) A description of the design and functional features of the Resort Plan revision. settins out how the revision orovides for unified developlqenl integrated site design and protection of natural amenities:(d) A listine of proposed additional uses and/or oroposed chanses to deosity 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 completed SEPA environmental checklist with description and analvsis of the environmental imoacts associated with the proposed revision. including an analysis of the cumulative impacts of both the proposed revision and the approved Rqsort Plan, and their effects on surrounding properties andlor 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 qreenbelts" that have been establi shed to retain and enhance the character of the resort and the overall MPRI(e) A description of the intended phasing of development projects: (h) Maps.drawinss"illustrations.or other materials necessarv to assist in understanding and visualizine the desien and use of the comoleted proposed development. its facilities and services. and the protection of critical areas: A calculation of estimated new demands on their relationship to the existing resort and MPR demands. includine but not limited to transportation" water. sewer and stormwater facilities: and a demonstration that sufficient -9- PLANNING COMMISSION DRAFT EDIT 5118116 facilities and services to support the development are available or will be available at the time development permits are applied for. Process.revisions decision (Type III). with a required public hearing prior to the decision. Public notice of the application. the written decision. and appeal opportunities shall be provided to all persons on the Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or aggncLes as tequired by the land use procedures of JCC Title 18. Unified Development Code. Any proposed major revision involving 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 and review by the County Planning Commission and subsequent recommendation to the BOCC who approyegall Compreteluive Plan amendments. (3) Decision Criteria. The Board of County Commissioners may approve a major revision to the Resort Plan and Comprehensive Plan amendment onlv if all the followine criteria are met: (a) The proposed revision would further the goals and policies set forth in the Comprehensive Plan: (b) Adequate SEPA review has been conducted and no unmitigated probable significant adverse environmental impacts would be created by the proposed revision: c The revision is consistent with all those established for critical areas: fd\ On-sife and off-site ir,fresfnrchrre /inchrdino hrrf storm water and transportation facilities) impacts have been fully considered and mitisated: (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. not limited to water qewPr -10- PLANNING COMMISSION DRAFT EDIT 5118/16 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. (1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifSlenty 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 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.(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the second officially desienated master planned resort in the County. The Pleasant Harbor MPR is in accordance 6.70A.360 new master the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by resort and recreation facilities and amenities south of Black Point Road and a marina/Maritime Village and associated housing north of Black Point Road. The resort is predominately designed to serve resort and recreation uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses servine 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. -l l- 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enly+>tisting officially designated master planned resorts in the county qgis the Port Ludlow MPR-and the Pleasant Hmbo , 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 36.704.360 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. PLANNING COMMISSION DRAFT EDIT 5118116 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 36.70A.360: (1) 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. -t2- PLANNING COMMISSION DRAFT EDIT 5118116 An application for an MPR project must include 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 ofthe resort and its users. (d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location. (e) A description, with supportive information and maps, of the design and functional features that provide for a unified development, superior site design and protection of natural amenities, and which fuither the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site. (0 A description of the environmentally sensitive areas of the project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program. (g) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support of the development will be available, and that concurency requirements of the Comprehensive Plan will be met. (D 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: - l3- PLANNING COMMISSION DRAFT EDIT 5118116 (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.r70(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with the review of the resort master plan and development agreement required for approval of a master planned resort. (4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned resort project may be designated by the county as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-ll-164 and 197-11-168. (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 Applicationrequirementsandapprovalprocess. 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 I 8.1 s.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 $ l] 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. -t4- PLANNING COMMISSION DRAFT EDIT 5118116 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) Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects ofthe MPR on srrrounding 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 Po'rt+{rdto{# Master Planned Resort. The Pe++*udlevr 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. 17.80.022 -1 5-