HomeMy WebLinkAbout093Michelle Farfan
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Attachments:
Lorna and Darrell Smith <ecosmithspt@gmail.com>
Thursday, May L9, 201-6 2:08 PM
David Wayne Johnson
Koan Cynthia
Proposed revisions to the Regulations for Pleasant Harbor Master Planned Resort
LS CK RevisionsSubmitted to DWJ May 19 201-6 Pleasant Harbor Zoning Code.docx
Hello, David and All,
You will find attached to this e-mail the joint comments submitted by Lorna Smith and Cynthia Koan( Vice-Chair and
Chair, respectively of the Jefferson County Planning Commission) on the Pleasant Harbor MPR regulations. We have
gone to the extra work to incorporate our comments into draft code language. We used the DCD/Developerversion of
JCC Title 17, Article ll Pleasant Harbor MPR handed out to the Planning Commission for our consideration and comment
as the underlying basis for our proposed code revisions. Further, we referred to the comments we both read in the
SFEIS and heard from the public and the Port Gamble/Sklallam Tribe as well as the comments and discussion among our
fellow Planning Commission members to arrive at our recommendations. Finally, we referred back to the Ordinance No.
01-0128-08 passed by the Board of County Commissioners which contained a number of conditions pertinent to
development of the Pleasant Harbor MPR site in order to complete our recommendations.
As you know, although we attempted to capture the concerns of our fellow Commissioners, they have not had a chance
to fully digest the attached document and compare it to the previous version submitted by you. Therefore, we have left
in the "track changes" notations on the version we are forwarding, and leave it up to you to decide how best to show
the comparison. We fully understand that our fellow Commissioners will wish to offer their own additional comments
so that together we can formulate a final response/recommendation from the Planning Commission to the BOCC for
their consideration,
lam certainly available should you have any questions or concerns you wish to discuss with me
Sincerely,
Lorna Smith and (for) Cynthia Koan
1
PLEASANT IIARBOR MASTER PLANNED RESORT
Title l7
MASTER PLANNED RESORTS
Title 17. Article I. Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17. Article II. Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60. General Provisions
17.60.010 Authoritv.
Thic title ic adnnted nrrrerrcnl f^7,A 1i -^A 1( 7nA Da\l/ .-J Tirle I Q II-.-
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
regulations shall- be made usins the applicable JCC section number.
17.60.030 Purpose and intent.
The purpose and intent of the Pleasant Harbor MPR code is to set forth development
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Mari++en4GellResert
Master Planned Resort.
I7.60.040 Additional requirements.
In addition to the requirements of this title the provisions of Title l5 and Title l8 shall
apply to development in the Pleasant Harbor MPR. Aoplications for development within the
MPR must be submitted as provided for in JCC 18.35 Article V. Bindine Site Plans. All
subsequent development within the MPR area will be subiect to the approved bindine site plan
and approved Developer A8reement as specified in @
r'€Yelepment Agr€emm
GelFRese+.+tR
17.60.050 Applicabilitv.
The provisions of this title shall applv to all land use actions. and siting of infrastructure
includine over water or in-water work -to be conducted within M
use+an4stnrefirresr#itHfl-the boundary of the Pleasant Harbor Master Planned Resort as
depicted on the official land use map for Jefferson Count_y. Washingrton.
-l-
17.60 060 Exemptions.
The followine structures and uses shall be exempt from the resulations of this title. but
are subject to all other applicable local. state and federal regulations including. but not limited to.
the countv building ordinance. interim critical areas ordinance, the shoreline manasement master
Eosram. and the State Environmental Policv Act (SEPA).
( I ) Wires. cables. conduits. vaults. oipes. mains" valves. tanks. or other similar equipment for
the dishibution to consumers of telephone or other communications. electricilv. sas. or water or
the collection of sewage. or surface or subsurface water operated or maintained by a
governmental entity or a public or private utilitv or other county franchised utilities including
customar.v meter oedestals. telephone pedestals. distribution fiansformers and temporary utility
facilities required during building construction. whether any such facility is located undersround.
or above-groundl but onl), when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-eround 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 oermittedl(2) Undersround utility eouipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters. or similar structure or device which is found bv the director of communiry
develooment to be appropriately located in the public interest:(3) Minor construction activities. as defined bv the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amended:
oermittea in elt "ene
Bubtbritht sf way or ry ing
8f,ee.
fSt Bevetepment een*
odeption-of+his€hopter,
17.60.110 Pre-existine uses and structures.
Existine legally-permittedl Fs.idqr-Iial =qr.rd.qq.rt.f=e$dqr-Liql .lp.rld usp.E .and.qEuplrlt=es in .q!
zones of the Master Planned Resort are lawful uses and may 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 bindinq on the land. This seems more appropriate for the
Develooer Asreement: Languase does not belong here.
etlers witn an ;nt ien-er
Bareet tnereeO, inetu
interest re€orded sHb
17.60.130 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the
Jefferson Countv Code as currently enacted or as hereafter amended shall apply to any alleeed
violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Formatted:
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Chanter 17.65. *lmter-Pl*n*ed*eserlPleasant Harbor Master Planned Resort
Residential/Recreation/Com mercial ZoneGel*Reserf{MPPGR}
17.65.010 Purpose.
The MPR-RGRC zone orevide+allows residential and recreational facilities. as well as
commercial amenities and services associated with the resort and surrounding community. It
also allows for ore+ide+the central resort and conference facilities.
17.65.020 Permitted Uses.(l) Residential uses including sinele-family and multifamily structures. condominiums.
townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations.
eFdl*inds,(2) Short-term visitor accommodations. constituting not less than 65%o of the total residential
units authorized b], Ordinance #01-0128-08. includins. but not limited to hotels. motels. lodges.
and any residential uses allowed under subsection I ofthis section that is made available for
short-term rental. "Short-term rental" shall be construed to mean no more than 4 weeks.
(3) Visitor oriented amenities. including. but not limited to (a) conference and meeting
facilitiesl (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associate with
such uses: (c) on-site retail services and businesses typicallv found in destination resorts and
desigred to serve the convenience needs ofusers and emplo)rees of master planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds including. but not limited to. interpretative
displays of local Native American ties to and uses of the area. art salleries. and indoor or outdoor
theaters:(5) Indoor and outdoor resort-related recreational facilities. including but not limited to €plf
meinte+aneefaei{itie$-Jennis courts. swimming oools. soa services. hiking trails. bicycle paths.
rooes courses. amohitheater. and other recreational uses consistent with the nature of master
olanned resortl(6) Waste water freatment facilities. including heatment plants. capture. storage and
transmission facilities to serve a reuse/recycle program for on-site heatment and use/reuse of
waste water and stormwater:(7) Public water supplv and related facilities:(8) Public facilities and services as defined in JCC 18.10.160:
(9) Utilities supportine the resort:(10) Emergency services (hre. police. EMS):(ll) Medical services: and(12) Other similar uses consistent with the purpose of this zone and MPR as determined bv the
Department of Communitv Development.
Formattcd: Highlight
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17.65.030 Heisht restrictions.
No buildines within the MPR-GR zone shall be erected. enlarged or structurally modified
to exceed+0-sQ&s!=i[=hsisht=rons+_ssd=by=lE9.q!qlCqd;,=Ut'dsrsr=gus4=qr=lnbsddsdpetlslts
shall not be included in any 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 650 feet.
Chanter 17.70. Ooen Space Reserve. Critical Areas Protection Zone (MPR-OSR/CAPZ)
and Sienilicant Tree Retention )
I7.70.010 Puroose.
The --Thepurpose of the MPR-OSR"/CAPZ rene-is to set aside all passive open soace areas and
protect all critical areas and buffers as welprsv*l++nafi*elbnffurl as to provide for a natural
vegetated buffer area between the resort activities and the waters of Hood Canal. The MPR-OSR
zones shall -include a buffer extending landward ffi
200 feet from the
top of the bank alone the bluffon the southem boundaxv of the MPR in accordance with
Ordinance No. 0l-0128-08.
Critical areas and their buffers within the MPR boundaries shall be identified. delineated
and permanentlv protected in accordance with JCC 18.22 and shall be desiqnated on the
official mao of the Pleasant Harbor Master Planned Resort. A buildine setback of l0 feet
shall aooly to all desimated buffer areas.
17.70.10 (a) Simificant Tree Retention
All trees measuring 10" diameter breast high (dbh) or greater on the date of binding site plan
approval shall be located and marked for retention. and measures taken to orotect surroundine
soil and roots durine site disturbance. Where there is no altemative to removine such ffees.
Additional "large" trees shall be olanted in buffer areas at a ratio oftwo trees planted for each
removed. Where feasible. removed trees and their root wads shall be made available for
watershed restoration projects.
61 7.70.01 0 (b) Kettles*e+ds.
A "kettle-eend" is defined as apgl!=f=ogrt=e4=Lrt=e==d=ep=r=e=Eq!gl=qnJ=b=e=!grj=$tf?=cS=te&Iy=E:r=ig9=
block after glacial retreat. Black Point has three such geologic and culturally significant features
inside the MPR boundaries. Kettles m4=s-=gr_e,.i.dgt!i!SSL AS= ggUB glyg$glld= difltqgj!=tg.
replace. The three kettle pond sites on Black Point inside the MPR boundaries should be
restored. preserved. and protected with adeouate native vegetation buffers.
6l 7.70.01 0 (c) Special Environmental Protection Provisions
-Not withstanding all other environmental requirements. the MPR approved plur must have
provisions for:
( t ) S=o!e. $sltrps =Aqqitqr, .W.qll:.bse4 Pr=otssliqq sqd =Aeqi&r=Bqslsge= A=r=e=q
Formatted: Not
Fomathd: Font: Bold
Formatted: Font:limes New L2
Formatted: Not
Formatted: Underline
Fomatted: Ust Paragraph, Numbered + Level: 1 +
Numbering Style: 1,2,3, ... + Sfdrt at: I + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
-4-
The aquifer underl),ing Black Point. which includes the entirel!9.q!?4tH4JbpJ.Mq{i{tgMBR
area. -is a sole source aquifer for all of Black Point. Permeable soils on site mean -ootential
contamination ofthe aquifer could occur from improperly directed run-off. spills or other
contamination of fertilizers. pesticides. herbicides and petroleum products. outtine human health
at risk as well as fish and wildlife. An -aoproved plan for directins untreated run-off awali from
the aouifer and treating -all on-site run-off with advanced bioflrltration (or better at construction?)
prior to an), discharge to the aouifer. (new item or with next item?) An approved organic
vegetation and site management plan shall be submitted to the Count-v as part of the overall
Master Planned Resort application for review and approval. or aoproval with conditions.
(2)All development and landscaping 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 neighboring wells that rely on that aquifer for potable water.
(3)- No eolfcourse qreens should be constructed over the sole-source aquifer.- and site
Erading and excavation should be minimized. as demonstrated bv a County reviewed and
approved erading olan pursuant to JCC.
(4) Land disturbing activities such as grading and filling shall be kept to a minimum and
natural contours shall be followed in locatine and desiqnine all development features to protect
the natural environmental uniqueness of the site. No filline of wetlands shall be allowed. unless
all other avoidance measures have been exhausted and mitigation ofthe lost function. acreage
and value shall be at a ratio of3: l.
(5) Regular indeoendent water guality 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 ofthe two adjoining watersheds for toxic contamination -and- low oxygen levels.
(6)- - All development and land disturbance Sshall protecVavoid all important
cultural/tristoric sites that are listed. or elieible to be listed by State Historic Preservation Officer
or by a local Tribe with jurisdiction (site is included in Tribe's ceded area-Pt No Point Treatv
Tribes).
(7)- The owner/developer or assignees must provide for all on-site recycling of material. *
includine- paper. glass. cardboards. plastics. -and compostine of garden waste. food waste. All
compost should be reused on site. The Pleasant Harbor Marina shall provide waste holding tank
oump out for vessels. and shall maintain a recvcline station. includine the means to recycle used
vessel oil.
(8) The applicant shall identift wildlife use areas within the site and provide for set-aside .' -
and protection ofcore wildlife habitat areas and connecting corridors.
(9) In cooperation and consultation with local tribes.- areas shall be set aside and
maintained for the occasional harvestine of medicinal olants and other plants important to hibal
culture.
Formatted: No underline
FomatEd: Indent: First line: 0.5"
Formatd: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
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(10) All development with the PHMPR must complv with the requirements for
buffer retention, wildlife orotection. greenbelt retention and maintenance and
establishment of oermanent orotective easements for these resources. as well as the
establishment of the Pleasant Harbor Master Planned Resort.
(1 'l) Anv develooment oroposed in the PHMPR shall use the LEED (Leadership in
Energv and Environmental Desion ) qreen buildinq rating svstem standards.
(12) Anv development proposed in the PHMPR shall use the Intemational Dark Sky
Association (lDA) Zone E-l standards for the MPR in order to limit night-time light
pollution which may affect neiehborine residential areas as well as wildlife.
617.70.010. (c) Public Access to Master Planned Resort Amenities
All amenities and recreational resources of the development shall be open to all members of the
public.- with the exception of those tyoe of activities oertaining to guests and residents onl), such
as access to laundry rooms or intemal recreation rooms. TV rooms. etc.
17.70.020 Permitted uses.
The following uses aretermifiedmay 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 :
d€v€@ate€ad(13) Passive recreation that does not reduce the forest canopy. increase stormwater discharee
or bluff erosion= such as trails to be constructed so as to avoid hee clearine and to be made of
natural orsanic materials.
(2) Educational and intemretive displays and siqns may be installed in such installations involves
a minimum of disturbance to soils or veeetation.
Formatted: Font: (Default) Arial, Raised by 1 pt
Formatted: Font: (Defaut) Arial, Raised by 1 pt
FomatH: Indent: First line: 0.5"
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(at mese uses eens
Chapter 17.75. Marina Villaee (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina portion of the resort and surrounding community, and provides the central support to the
marina operations.
17.75.020 Permitted uses.
The followins uses are nermitted in the MPR-MV:
(l) Marina and overwater structures as approved throush the Jefferson County Shoreline
Master Program and associated regulations Chapter 18,25 JCC:(2) Residential uses including single-family and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kinds;
C3) 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 servins the resort and the Marina:
(3a) All over-water buildings and docks shall be constucted so as not impede migrating fish and
to minimize shading.(4) Accessory uses and structures. such as garaees. caroorts. storage buildings and similar
structures supportine marina and maritime village uses. fuel service and parking:(5) Indoor and outdoor resort-related recreational facilities. including 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 ofmaster planned resort.:(6) Utilities supportins the resort:(7) Infrastructure and buildines" both above and below sround, for the utilitiesl(8) Emergenc), services (fire. Dolice. EMS):
(9) Public facilities. and services servins the MPR-MV zone:(10) Medical services: and(10) Other similar uses consistent with the ourpose of the this zone and MPR as determined bv
the Department of Community Development and consistent with 18.25 JCC.'
17.75.030 Heishtrestrictions.
No buildinss within the MPR-MV zone shall be erected. enlarsed or structurally
modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded
parking shall not be included in an), height calculations.
17.75.040 Bulk and densitv 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 reouirements of the
Countv's Shoreline Master Program as codified at Ch. 18.27 JCC
Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resortdevelopment.
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This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review process for anv fufure resort development. and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of 89O1100300
residential units provided. however. short term visitor accommodation units shall constitute not
less than than 65 percent of the total units. The Pleasant Harbor MPR in total shall have a
development cap of 70.000 square feet of resort commercial. retail. restaurant and conference
space, not including Sbies-€n+internal open space.
17.80.030 Resort Plan and Developer Aereement
The Resort Plan shall consist of an approved bindine site plan. including monitorine and
operational plans. and an aporoved Developer Asreement for fufure development of properties
in the Pleasant Harbor MPR . The process for approval of such asreements is contained in
l8.a0.060 JCC
serviee+he{€v€@
17.80.040 Permit orocess for resort develooment.
( I ) A project-level supplemental environmental impact statement (SEIS) analvzine
development underof the Resort Plan is required orior to issuance of building permits for any
new resort development
@.(2) Notice ofResort Plan apolication- ferand environmental review under SEPA ef{he
Beq6Plqgglelt.b.e prqy!ds4Ie. eU.pqrselq pr-egplg.iessntillqC.!o lrqtipe p,erqqattttq.thq.!qrd.!{qq
procedures ofJCC Title 18.
(3) Actual buildine permit olans or construction drawinss are*€+may not be reouired during
the $E[$SEPA review process. but submitted architectural drawings must contain and
demonshate sufficient -details.A*ehiteefi*reldrervines including a detailed site plan. €nd
Min€$showine approximate elevations. sections. and floorplans are
reouired. however. to ensure that the $E[$SEPA review process anal]vzes and considers project-
level details and allows for identifoine appropriate levels of mitisation.,(4) The department of communit-v development may impose mitieating conditions or issue a
denial ofsome or all ofthe Resort Plan based on the environmental review and using authority
orovided pursuant to the State Environmental Policv Act. Chapter 43.2IC RCW. Article X of
Chapter 18.40 JCC shall be applicable to the oermit process for resort develooment.(5) Following completion of the SEIS buildins permits may be issued. following appropriate
plan review, for projects analyzed in the SEIS.
(6) Actual resort development mav be undertaken in phases. but only following comoletion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
Formatted:
-8-
date.
schedule may be proposed as part ofthe environmental review or may be developed at a later
17.80.050 Environmental review for Resort Plan development.(l) All project level applications will be ei+en-an-eutematiepresumed to meet the thLreshold
for* a SEPA threshel4Determination of Significance except where the SEPA-resoonsible
official determines that the application results in only minor ee*stnretienimpacts. Existing
environmental review documents may be adopted under SEPA ifthose documents are
sufficiently up to date and sufficiently detailed to A Wistint
en+irennrentaldeeuments adequately address environmental eondi+ioneimpacts and mitigation
as set forth in RCW 43.21C.034.(l) ftre rceee ef an SSI is$es
d#€n++e$etionstr(3) The utilitv element ofan), subsequent phase ofSEPAen+irennrentd review pertaining to
the Pleasant Harbor MPR shall r-provide evierv-information on all affected utili(y systems.
including sewer and water systems and the results of required monitoring. The effectiveness of
such monitorine shall be evaluated. Suoolements or changos to the monitoring and reporting
systems shall be considered if necessary to ensure that water quali8 and water supply are
adequately protected and imoacts to natural resources minimized. Reguirements for water
quality and quantity monitoring as well as for run-offimpacts. shall be specified in the
Developer Aereement as specified in 17.80.030.(4) Any preliminary scope for future development within the Pleasant Harbor MPR is
basedshall be consistent with e*th+deseribCaporoved Resort Plan. Other elements. issues. and
specific levels of detail may be included based on information available at the time the Resort
Plan development application is submitted. Elements noted above may be combined in the EIS
SEPA analysis to reduce duplication and narrow the focus on potentially signihcant adverse
environmental impacts.
17.80.060 Revisions to Resort Plan.(l) Any oroposed enlargement-revision of size or scope to the Pleasant Harbor MPR
boundary or zone changes within the MPR. shall require a Comprehensive Plan amendment and
related zoning action. Such changes are outside the scope ofthe revision processes described
below and in JCC 17.80.070 and 17.80.080. The County may approve an amendment to the
Comprehensive Plan only if all requirements of the Growth Manaeement Act (ChaplLer 36.704
RCW) are tulfilled.(2) The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the counw for
approval prior to the acceptance ofany proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval ofa revision. all subsequent development proposals shall be
consistent with the revised Resort Plan and development rezulations.(3) Proposed revisions to the Resort Plan shall be submitted to the deBartme++lDepartment gf
eoffi*unit.v-Community develeBmen+Development (DCD) and the DCD director will determine
-9-
whether the prooosal constitutes a maior or minor revision. Upon making a determination. the
proposed revision shall follow the aporopriate process for plan revisions as outlined in JCC
17.80 060 and 17.80.070.
17.80.070 Minor revisions.(l) MinorRevisions. @ResortPlans mayrequire minorchanses
to facilities and services in resoonse to changing conditions or market .C€fir€nd=€n+t'lra+so
Minor revisions- can be eranted when: such
revisions are{hese*aldo not result in a substantial change to the intent or purpose ofthe Resort
Plan in effect. A change that satisfies the following criteria shall be deemed a minor revision
for purooses ofthis chaoter:(a) Involve no more than a ten 570€+0) percent increase in the overall gross square
footage ofthe Resort Planl(b) Will have no additional@ impacts on the
environment and/or facilities than that addressed in the development plan:
(c) Do not alter the boundaries ofthe aoproved olan:(d) Do not propose new uses or uses that modiff the recreational nature and intent of
the resort.
A €harlte to *re Resort Pl
feiUre te s*isnv en ie+(2) Minor Revision Aoproval Process. Applications for minor revisions shall be submitted to,
and reviewed bv the Jefferson Count_v @mealDepartment of eomrftmiqrcommunit)
de+elepmenlDevelopment (DCD) to determine if the revisions are consistent with all of the the
exis+i*g-approved provisions of the Resort Plan-sn+R€serFPlan$Bl$. the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satist the above-
referenced criteria shall be deemed a minor plan revision and may be administrativelv approved
(as a T)?e II decision under the land use procedures of JCC Title 18. Unified Development
Code) by the director of the department of commun8 development. Public notice of the
application the written decision. and appeal qoportunities shall be provided to all persons or
aeencies 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. subject to the provisions outlined in JCC 17.80.080.
17.80.80 Maior revisions.
Revisions to the Resort Plan that will result in a substantial change to the resort
includine: chanees in use. increase in the intensitv ofuse, or in the size. scale. or density of
developmentl or changes which may have a*ubstantielimpaetadditional impacts on the
environment beyond those reviewed in previous environmental documents. are considered to be
major revisions and will require application for a revised Resort Plan.(l) FllApplication 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
providins a framework for review. analysis and mitigation of the revised development
activitv proposed. The Resort Plan revision proposal shall include the following
information:
Fomatted: Numbered + Level: I + Numbering Style: 1, 2,
3, ... + Sbrt at: 1 + Alignment: Left + Aligned at: 0.25' +
Indentat:0.75"
Fo]mathd: Indent: Left: 0.75"
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(a) 6d-An explanation of why strict adherence to the approved Resort Plan and
Developer Agreement is no lonser feasible:(b) A descriotion of how the revised Resort Plan would further the eoals and policies
set forth in the Comprehensive Plan:(b) A descriotion of how the Resort Plan revision complements the existine resort
facilities of the MPR:(c) A description ofthe desien and functional features ofthe Resort Plan revision.
settine out how the revision orovides for unified development. intesrated site desim and
protection of natural amenities:(d) A listing ofproposed additional uses and/or proposed changes to density and
intensiU of uses within the resort. and a discussion of how these changes meet the needs
of residents of the Pleasant Harbor MPR and oatrons of the resort:(e) A completed SEPA environmental checklist with description and analysis of the
environmental impacts associated with the proposed revision. including an analysis of the
cumulative imoacts ofboth the proposed revision and the approved Resort Plan, and their
effects on surrounding properties and/or public facilities:(fl A description ofhow the proposed Resort Plan revision is inteerated with the
overall Pleasant Harbor MPR and any features. such as connections to tail systems.
natural systems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:(s) A description ofthe intended phasine ofdevelooment orojects:(h) Maps. drawings. illustrations. or other materials necessary to assist in
understandine and visualizing the desisn and use ofthe completed proposed
development. its facilities and services. and theprotection ofcritical areas:
(i) A calculation of estimated new demands on capital facilities and services and
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
facilities and services to support the development are available or will be available at the
time development permits are applied for.(2) Major Revision Process. Maior revisions shall be processed as a hearine examiner
decision (Tyoe III). with a reouired public hearing prior to the decision. Public notice ofthe
application. the written decisiort. and appeal opportunities shall be provided to all persons on the
Pleasant Harbor MPR roster (see JCC I 7.60.070) and such other oersons or agencies as required
by the land use procedures of JCC Title 18. Unified Development Code. Any proposed major
revision involvins a chanse to the boundaries of the MPR zone shall require a Comprehensive
Plan amendment (a Tlpe V cormtv commissioners decision) prior to any decision on the Resort
Plan amendment and review by the County Planning Commission and subseguent
recommendation to the BOCC who approves all Comprehensive Plan amendments..(3) Decision Criteria. The hearineexaminerBoard of Countv Commissioners may aoorove a
major revision to the Resort Plan and Comprehensive Plan amendment only if all the following
criteria are met:(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan:(b) NeAdequate SEPA review has been conducted and no unmitieated probable
sienificant adverse environmental impacts would be created by the oroposed revision:
Fomatted: Numberc<l + Level: 1 + Numbering Style: a, b, c.
... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent
at: 1"
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(c) The revision is consistent with all applicable development regulations. including
those established for critical areas:(d) On-site and off-site infrastructure (includine but not limited to water, sewer.
storm water and hansoortation facilities) impacts have been full), considered and
mitieatedl(e) The proposed revision complements the existins resort facilities. meets the needs
ofresidents and patrons. and provides for unified development. integrated site design.
and protection of natural amenities.
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Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.f 5.025 Master planned resort.
Per RCW 36.704.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only ifthe residential uses are integrated into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The firs1enly existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions ofJCC Title 17. The master planned resort ofPort Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marin4 resort and convention center. The master planned resort ofPort
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's intemal regulations and planning reshictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson Counfy 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 desi8nated master planned resort in the County. The Pleasant Harbor MPR is
designated in accordance with RCW 36.704.360 as a new master planned resort and is subject to
the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized bv a eelfl€ourse
resertresort and recreation facilities and amenities{€€ili+ south of Black Point Road and a
marina/lvlaritime Village and associated housine north of Black Point Road. The resort is
predominalelv 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 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 Countv does not
enforce private codes. covenants and restrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The e+tfexis+ing officially designated master planned resorts in the county qgis the Port
Ludlow MPR-aud the Pleasant Haxbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding desigration of
existing master planned resorts. Pleasant Harbor MPR is adooted nursuant 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
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formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC I 8.45.080.
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
36.704.360 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 ofthis article is to establish a master planned resort land use district to be applied to
those properties the board ofcounty commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15.f23 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.704.360:
(l) All residential uses including single-family and multifamily shuctures, condominiums,
time-share and fractionally owned accommodations; provided such uses are integrated into and
support the on-site recreational nature ofthe master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent cifthe 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 nafure of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meetingfacilities;
(c) On-site retail businesses and services which are designed to serve the
needs ofthe users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, food stores, real estate/property management offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and
outdoor equipment rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and,/or permanent strucfures to serve as sales offices.(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.704.360.
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18.15.f 26 Requirements for master planned resorts.
An application nt for an MPR project must meo+inglulle the following requirements:
(l) Master Plan. A master plan shall be prepared for the MPR to desoibe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will athact
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part ofthe resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
ofthe resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development t)?es and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified developmen! 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 ofthe environmentally sensitive areas ofthe project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursumt to the Shoreline Master Program.
(g) A description ofhow the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonshation that sufficient facilities and service which may be necessary,
appropriatg or desirable for the support ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(D A description ofthe intended phasing ofdevelopment ofthe project, ifany. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity ofthe 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, conculrency, 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
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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 ofuses, and building sizes;
(b) Phasing ofdevelopment, ifrequested by the applicant;
(c) Procedures for review ofsite-specific development plans;
(d) Provisions for required open space, public access to shorelines (ifapplicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retaiVcommercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act
Chapter 43.2lC 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 desigaation, pursuant to the requirements ofJCC 18.45.040; provided, that the
subarea planning process authorized under Article VII ofChapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used ifdeemed 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 appopriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-ll-164 and 197-l l-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve ths 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 cotmty commissioners and the following:
(l ) A draft of the master plan shall be prepared to meet the requirements of JCC
18.15.126(l).
(2) A request for authorization ofa 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
meettherequirementof JCC 18.15.126(3) and 18.45.040. [Ord.8-06 g l]
18.15.132 Decision-making authority.
(l) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specihc applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board ofcounty commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
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standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
18.f5.135 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 criteri4 then the
application shall be denied.
(l) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies ofthe county.
(3) If an MPR will be phased, each phase contains adequate intastructure, open space,
reoeational 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 servic€s, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed inthe desigrg 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 oftsite infras'[ucture and service impacts have been fully considered and
mitigated.
(8) Improvemorts 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 tte resort.
(10) The land proposed for amaster planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource landproduction. [Ord.8-06 g U
18.15.138 Per+Ludler+ Master Planned Resort.
The Perltudlerv Master Planned Resort Code (JCC Title l7), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
t7.80.022
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