HomeMy WebLinkAbout094Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Attachments:
David W. Johnson <djohnson@cojefferson.wa.us>
Thursday, May 26,2016 L:13 PM
David Alvarez
David W. Johnson; David Goldsmith;JT Cooke
FW: Pleasant Harbor Dev Regs
LS CK RevisionsSubmitted to DWJ May 19 2016 Pleasant Harbor Zoning Code.docx;
Proposed revisions to the Regulations for Pleasant Harbor Master Planned... (83.8 KB)
David,
Attached are the PC's (Principally Lorna Smith with some edits by Cynthia Koan) revised version of the regs. Print out to
see the comments and review. There are things in there that Staff would not support, but short of telling them that, I
think we need to just present this to the rest of the Commission and have them work it out. I plan to present my version
(minor edits, etc.) with their's at the next PC Meeting on June 1't. Stillworking on it. Please let me know if you have any
comments from a legal perspective that I can share with the PC at that meeting.
Thanksl
From: David W. Johnson
Sent: Thursday, May 19,2O'J.6 4:02 PM
To: JT Cooke <JT@houlihan-law.com>
Cc: David W. Johnson <djohnson @co.jefferson.wa.us>
Subject: RE: Pleasant Harbor Dev Regs
Attached - along with Lorna's explanation in email.
From: JT Cooke [mailto:JT@houlihan-law.com]
Sent: Thursday, May 79,zOtG 9:46 AM
To: David W. Johnson <d iohnson @co.iefferson.wa.us>
Subject: RE: Pleasant Harbor Dev Regs
David-
I understand that Planning Commission member Lorna Smith is circulating a heavily redacted version of the
development agreement and/or development regulations. Please send me a copy today.
Thanks,
JT
1
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JOHT'T T, {J.T,} COOKE
ATTONNEY
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www,ttouLlhan-[aur,corn
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the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
From: David W. ioh nson Imailto:d iohnson @co. iefferson.wa.us]
Sent: Thursday, May 19,2076 7:02 AM
To: JT Cooke <JT@houlihan-law.com>
Cc: David W. Johnson <d iohnson@co.iefferson.wa.us>
Subject: RE: Pleasant Harbor Dev Regs
Thanks, JT
From: JT Cooke Imailto:JT@houlihan-law.com]
Sent: Wednesday, May L8, 2016 1:33 PM
To: David W. Johnson <d iohnson @co. iefferson.wa.us>
Subject: RE: Pleasant Harbor Dev Regs
David-
The 80' height limit is for the "Terrace" building that is currently located in approximately the middle of the MPR. lf it
helps, we could add language that increase the setback to 40' for buildings over 60' in height.
With respect to L7.80.070, we can add that a change will be considered minor even if it does not meet conditions a-d if
it does not otherwise qualify as a major revision in 17.80.080.
Let me know if you need anything else
Thanks,
JT
2
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$00 N- 351h Street " se6r$tB, wA $8103
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FAX
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www.hqutihnn-lau,eom
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the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
From: David W. Joh nson [mailto:diohnson @co. iefferson.wa.us]
Sent: Tuesday, May !7 ,2076 1:43 PM
To: JT Cooke <JT@houlihan-law.com>
Cc: David W. Johnson <diohnson @co. iefferson.wa.us>
Subject: Pleasant Harbor Dev Regs
JT,
Per our discussion today:
17.65.030 references a max building height of 80 feet. We are wondering where that height came from and if that is still
the case. 17.65.040 references a 20 foot setback from resort boundary lines, which means an 80 foot building could be
built 20 feet from a boundary line. Could there be setback that accounts for increased distances based on height?
17.80.70 says a change to the Resort Plan may still qualify as a minor revision even if it fails to satisfy conditions a - d,
but doesn't say how. Could language be added to allow Administrative discretion?
Thanks!
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465
Mission: To preserve and enhance the quality of lfe in Jefferson County by promoting a vibrant economy,
sound communities and a healthy environment.
Srtl SlVf PAPER - Pleose do not print this e-moil unless obsolutely necessory
3
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All e-marl may be consrdered subject to the Pubh? Records Ad and as such may be disclosed to a third-pafi requestor.
J&rolr Couffy Oepartrnent of Cornmunlty Dev*lopment
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4
Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Attachments:
Lorna and Darrell Smith <ecosmithspt@gmail.com>
Thursday, May 19, 2016 2:08 PM
David W. Johnson
Koan Cynthia
Proposed revisions to the Regulations for Pleasant Harbor Master Planned Resort
LS CK RevisionsSubmitted to DWJ May 19 2016 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.
I am certainly available should you have any questions or concerns you wish to discuss with me
Sincerely,
Lorna Smith and (for) Cynthia Koan
1
PLEASANT HARBOR MASTER PLANNED RESORT
Title 17
MASTERPLANNED 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.
This title is adooted pursuant to Chapters 36.70 and 36.704 RCW. and Title 18 JCC.
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
reeulations shall- be made using 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 Coun8 Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Marin+an4GellResert
Master Planned Resort.
17.60.040 Additionalrequirements.
In addition to the requirements of this title the provisions of Title l5 and Title l8 shall
apoly 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 aoproved binding site plan
and approved Developer Agreement as specified in @
CetlRese*+t+
17.60.050 Aoplicabilitv.
The provisions ofthis title shall applv to all land use actions. and siting ofinfrashucture
includins over water or in-water work {o be conducted within M
usesand*tnreh*es-rvithin'the boundarv of the Pleasant Harbor Master Planned Resort as
depicted on the official land use map for Jefferson County. Washinelon.
l-
17.60 060 Exemptions.
The followine structures and uses shall be exempt from the reeulations of this title. but
are subject to all other applicable local. state and federal regulations including, but not limited to,
the county building ordinance. interim critical areas ordinance. the shoreline management master
program. and the State Environmental Polic), Act (SEPA).
(l) Wires, cables. conduits. vaults, pipes. mains. valves. tanks. or other similar equipment for
the dishibution to consumers of telephone or other communications. electricity. gas. or water or
the collection of sewaqe. or surface or subsurface water operated or maintained by a
sovernmental entitv or a public or private utilitv or other county franchised utilities including
customar.y meter pedestals. telephone pedestals. distribution aansformers and temporary utilitv
facilities required during building construction. whether any such facility is located undereround.
or above-eround: but onlv when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground electrical substations. sewaee pump
stations or treatment plants. or potable water storage tanks or facilities. which shall require
conditional use approval in any zone where permitted:
(2) Underground utilitv equipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters. or similar structure or device which is found by the director of communifv
development to be appropriately located in the oublic interest:(3) Minor construction activities. as defined bv the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amendedl
eermitteg in ett zen
euUtie right ef wry inq
aree.
sdopti€n€fthis+haot€"
17.60.110 Pre-existing uses and structures.
Existine legally-permitted] r9sj49ntia1.ar:rC.no"n.{gpiCentiql lan4.ufes and"qEuctqtgf. in aU
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
resulations or Ordinances.
17.60.120 Provigions bindinq on the land. This seems more appropriate for the
DeveloperAgreement: Laneuase does not belong here.
The previsiens ef *ti
ien-or
interest reeerded
17.60.130 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the
Jefferson County Code as currently enacted or as hereafter amended shall apply to any allesed
violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Formatted: Highlight
-2-
Chapter 17.65. Ma+tc+*l*-nee4*e*erfPleasant Harbor Nle!.!Ler P_lanned Rcsort
Residential/Recreation/Commercial ZoneGel*Reserf{MPRGR}
17.65.010 Purpose.
The MPR-RGRC zone prevides-allows residential and recreational facilities. as well as
commercial amenities and services associated with the resort and surrounding community. It
also allows for pre+ide+the central resort and conference facilities.
17.65.020 Permitted Uses.(l) Residential uses including single-family and multifamily structures. condominiums.
townhouses. apartments. lofts. villas. time-share and other fractionall), owned accommodations.
eFetl-kinds,
(2) Short-term visitor accommodations. constituting not less than 65010 of the total residential
units authorized by Ordinance #01-0128-08. includine. but not limited to hotels. motels. lodges.
and anv 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 tlan 4 weeks.(3) Visitor oriented amenities. includine. but not limited to (a) conference and meetins
facilitiesl (b) restaurants. cafes. delicatessens" pubs. tavems and entertainment associate with
such usesl (c) on-site retail services and businesses tvpically found in destination resorts and
desiffied to serve the convenience needs of users and emDloyees of master planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds includine. but not limited to. interpretative
displays of local Native American ties to and uses ofthe area art galleries. and indoor or outdoor
theaters:(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to qelf
nreintenane+freiJitie$-tennis courts. swimming pools. spa services. hiking hails. bicycle paths.
ropes courses. amohitheater. and other recreational uses consistent with the nafure of master
planned resort:(6) Waste water featment facilities. including treatment plants. capture, storage and
transmission facilities to serve a reuse/recvcle program for on-site treatment and use/reuse of
waste water and stormwate((7) Public water supply and related facilities:(8) Public facilities and services as defined in JCC 18.10.1601(9) Utilities supportins the resort:(10) Emergency services (fue. police. EMS):
(l l) Medical services: and(12) Other similar uses consistent with the purpose of this zone and MPR as determined bv the
Department of Communitv Development.
Formatted:
-3-
17.65.030 Heiehtrestrictions.
No buildings within the MPR-GR zone shall be erected. enlarged or shucturally modified
to exceed€O*t9=_&9!=i!=hpish=t=9=q=rtlge!sr=ed=bJ.lEQ.Etqrjprd!,=gr'dqrsrgrrrC=qr=!!r.'lsddgC.p+tBiry -
shall not be included in any heisht calculations.
17.65.040 Bulk and densitv reouirements.
ll 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.
Chapter 17.70. Open Space Reserve. Critical Areas Protection Zone (MPR-OSR"/CAPZ)
and Siqnificant Tree Retention )
17.70.010 Puroose.
The --Thepurpose of the MPR-OSR /CAPZ zeneis to set aside all passive open space areas and
protect all critical areas and buffers as welpre+4de++eturelbufferl as to provide for a natural
veeetated 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 fiom the
top of the bank alone the bluffon the southem boundarv 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 nermanently protected in accordance with JCC 18.22 and shall be desiqnated on the
oflicial map of the Plcasant Harbor Master Planned Resort. A buildine setback of l0 feet
shall apply to all desipnated buffer areas.
17.70.10 (a) Significant Tree Retention
All trees measuring 10" diameter breast high (dbh) or ereater 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 alternative to removine such trees.
Additional "large" trees shall be planted in buffer areas at a ratio oftwo trees planted for each
removed. Where feasible. removed hees and their root wads shall be made available for
watershed restoration projects.
6l 7.70.010 (b) Kettles4ends.
A "kettle-oend" is defined as al'gpS=fq=tr=r!=e=q=lq=q=dSp=r=e=qq!=on=gllt9=ht!4==sgt&gg=lq&!y=g=iq9.
block after glacial retreat. Black Point has three such geologic and culturally sienificant features
inside the MPR boundaries. Kettles mn4*qrS=i=qgnti[94=Ag=tv=Egf=!yp!!$4=4it[qU]!=tq
replace. The three kettle pond sites on Black Point inside the MPR boundaries should be
restored, preserved. and protected with adequate native vegetation buffers.
6 I 7.70.0 I 0 (c) Special Environmental Protection Provisions
-Not withstanding all other environmental requirements. the MPR approved plan must have
provisions for:
/l \ Snle Snrrrce Aorrifer Well-head and Aouifer Recharse Area
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Numbering Style: 1, 2, 3, ... + Sbrt at: 1 + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
-4-
The aquifer underlving Black Point. which includes the entiref=lg.q!?.tltHelhgl,M4llr.tqMBB
area. -is a sole source aquifer for all of Black Point. Permeable soils on site mean -potential
contamination of the aquifer could occur from improperlv directed run-off. spills or other
contamination of fertilizers. pesticides. herbicides and oetroleum products. putting human health
at risk as well as fish and wildlife. An -approved plan for directing unheated run-off awav from
the aquifer and heatine -all on-site run-off with advanced biofiltration (or better at construction?)
prior to any discharge to the aouifer. (new item or with next item?) An approved organic
vegetation and site management plan shall be submitted to the Countv as part of the overall
Master Planned Resort application for review and approval. or approval 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 rel), on that aquifer for pgtable water.
(3)- No golf course sreens should be constructed over the sole-source aquifer.- and site .
erading and excavation should be minimized. as demonsffated bv a Coun8 reviewed and
approved srading plan 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 designins all development features to protect
the natural environmental unioueness of the site. No filling 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 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.
(6F - All development and land disturbance Sshall protecVavoid all important
culturalhistoric sites that are listed. or elieible to be listed by State Historic Preservation Officer
or bv a local Tribe with jurisdiction (site is included in Tribe's ceded area-Pt No Point Treaw
Tribes).
(7)- The owner/developer or assienees must provide for all on-site recycling of material. .
including- paper. glass. cardboards. plastics. -and comoostine of garden waste. food waste. All
comoost 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 identifr 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 harvesting of medicinal olants and other plants important to hibal
culture.
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-5-
(10) All development with the PHMPR must comolv with the reouirements for
buffer retention. wildlife orotection. oreenbelt retention and maintenance and
establishment of permanent protective easements for these resources. as well as the
other Cou Ordi 0't-0128-08
establishment of the Pleasant Harbor Master Planned Resort.
(11) Anv develooment prooosed in the PHMPR shall use the LEED (Leadershio in
Eneroy and Environmental Desion ) oreen buildino rating system standards.
(12) Any 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 ofthose tvoe ofactivities Eertaining to guests and residents only such
as access to laundry rooms or intemal recreation rooms. TV rooms. etc.
17.70.020 Permitted uses.
The followine uses €repermittecmav be allowed in the buffer and ooen 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 :
develeomen++tatq-and(12) Passive recreation that does not reduce the forest canopv. increase stormwater discharee
or bluff erosion' such as trails to be constructed so as to avoid tree clearing and to be made of
natural organic materials.
(2) Educational and interpretive displays and signs may be installed in such installations involves
a minimum of disturbance to soils or veeetation,
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-6-
Chapter 17.75. Marina Villase (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina oortion of the resort and surroundine community. and provides the central support to the
marina ooerations.
I7.75.020 Permitted uses.
The followins uses are nermitted in the MPR-MV:(1) Marina and overwater structures as approved through the Jefferson Countv Shoreline
Master Proeram and associated regulations Chaoter 18.25 JCC:(2) Residential uses includins sinele-family and multifamily structures. condominiums, time-
share and fractionallv owned accommodations of all kinds:(3) Marina Villaee related upland mixed use. commercial and service facilities. including
open parking lots. restaurants and shops. as well as marine service facilities. marina oflice. yacht
club and recreation facilities serving the resort and the Marina:
(3a) All over-water buildings and docks shall be constructed so as not impede migrating fish and
to minimize shadins.(4) Accessorv uses and structures. such as garaees. carports. storaee buildines and similar
structures supporting marina and maritime village uses. fuel service and parking:(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to
tennis courts. swimming pools. marinas. hikine hails. bicycle paths- ropes courses. same center
and other recreational uses consistent with the nature ofmaster planned resort.:(6) Utilities supportine the resort:(7) Infrastructure and buildines. both above and below sround. for the utilities:(8) Emergency services (fire. police. EMS):(9) Public facilities. and services serving the MPR-MV zone:(10) Medical services: and
(10) Other similar uses consistent with the pumose of the this zone and MPR as determined by
the Department of Community Development and consistent with 18.25 JCC..
17.75.030 Heieht restrictions.
No buildinss within the MPR-MV zone shall be erected. enlaxeed or structurally
modified to exceed 35 feet in height as measured by IBC standards. UnderCround or imbedded
parking shall not be included in any 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 requirements of the
CounW's Shoreline Master Program as codified at Ch. 18.27 JCC
Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resort development.
7-
This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review process for any future resort development. and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cao.
The Pleasant Harbor MPR in total shall have a development cap of 89O400300
residential units orovided. however. short term visitor accommodation units shall constitute not
less than than 65 percent of the total units. The Pleasant Harbor MPR in total shall have a
development cap of70.000 square feet ofresort commercial. retail. restaurant and conference
space. not including Ski€n+internal open space.
17.80.030 Resort Plan and Developer Agreement
The Resort Plan shall consist of an approved bindine site plan. includins 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 agreements is contained in
18.40.060 JCC
nevetepment Agr€€
servie€{$ffin+
17.80.040 Permit orocess for resort development.(l) A project-level sqoplemental environmental impact statement (SEIS) analyzins
development underof the Resort Plan is required prior to issuance of building permits for any
new resort develooment
(2) Notice ofResort Plan apolication- ferand environmental review under SEPA elthe
neso+Pl+g. gh4 I. b.,e- proJ i4€d 10 p
procedures ofJCC Title 18.(3) Actual building permit plans or construction drawinss €#en€+may not be required durine
the $EISSEPA review process. but submitted architectural drawings must contain and
demonstrate sufficient -details.'Architeetnraldrewiqs including a detailed site plan. and
ffiuringsshowing approximate elevations. sections. and floor plans are
required. however. to ensure that the SEI$SEPA review process analyzes and considers oroiect-
level details and allows for identifring appropriate levels of mitieation.'(4) The department of communitv development ma), impose mitigating conditions or issue a
denial ofsome or all ofthe Resort Plan based on the environmental review and using authori8
provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit orocess for resort development.
(5) Following comoletion of the SEIS building permits may be issued. following appropriate
plan review. for projects analvzed in the SEIS.
(6) Actual resort development may be undertaken in ohases. but only following comoletion
of review and approval of a full resort buildout plan ttroueh the SEIS process. A phasing
Formatted: Highlight
-8-
date.
schedule mav be proposed as oart ofthe environmental review or may be developed at a later
17.E0.050 Environmental review for Resort Plan development.
( I ) All project level applications will be €:iven-a*ar*ematieoresumed to meet the threshold
for- a SEPA threshel4Determination of Simificance except where the SEPA-responsible
official determines that the application results in only minor eenstnretienimpacts. Existing
environmental review documents may be adopted under SEPA ifthose documents are
sufficiently uo to date and sufficiently detailed to A Wirtg
en+i+enmenteldeeuments adequately address environmental eendi+i€ns-impacts and mitigation
as set forth in RCW 43.21C.034.( issues
d#@atiens,(3) The utilitv element ofany subsequent phase ofSEPAenvirenmeetd review pertaining to
the Pleasant Harbor MPR shall rorovide eyierv-information on all affected utilitv systems.
including sewer and water svstems and the results of reouired monitoring. The effectiveness of
such monitoring shall be evaluated. Supplements or changes to the monitorine and reportins
systems shall be considered ifnecessary to ensure that water qualitv and water supply are
adequately plotected and impacts to natural resources minimized. Reouirements for water
qualitv and quantitv monitorine as well as for run-off impacts. shall be specified in the
Developgr Aereement as specified in 17.80.030.(4) Any preliminary scope for future develooment within the Pleasant Harbor MPR is
basCshall be consistent with en+hedeseribeCapproved Resort Plan. Other elements. issues. and
specific levels of detail mav be included based on information available at the time the Resort
Plan development application is submitted. Elements noted above mav be combined in the EIS
SEPA analysis to reduce duplication and naxrow the focus on potentiallv siealificant adverse
environmental impacts.
17.80.060 Revisions to Resort Plan.
(l) Any proposed en{argemen}revision of size or scooe to the Pleasant Harbor MPR
boundary or zone changes within tJre MPR. shall require a Comprehensive Plan amendment and
related zonine action. Such changes are outside the scope ofthe 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 tulfilled.(2) The Countv 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
aooroval orior to the acceptance ofanv oroposal 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 depe*ment-Department of
eommu*itrCommunity devel,opmenlDevelopment (DCD) and the DCD director will determine
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whether the proposal constirutes a major 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. @esortPlans mayrequire minorchanges
to facilities and services in response to changins conditions or market .demand-€n+thatss€me
Minor revisions- can be eranted when: such
revisions ar+$esetha#do not result in a substantial change to the intent or ourpose of the Resort
Plan in effect. A change that satisfies the- following criteria shall be deemed a minor revision
for purposes ofthis chapter:(a) Involve no more than a ten 5706+0) percent increase in the overall sross square
footage ofthe Resort Plan:(b) Will have no additional@ impacts on the
environment and/or facilities than that addressed in the development plan:
(c) Do not alter the boundaries ofthe aoproved planl
(d) Do not propose new uses or uses that modi8 the recreational nature and intent of
the resort.
++nangete*e Resert Plafl may st
feilu{e te satisry one er m ien,(2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to.
and reviewed by the Jefferson Counw deBartmenlDepartment of eommuni{v-Communit}
develepn+e+FDevelopment (DCD) to determine if the revisions are consistent with all of the the
existi*Fapproved provisions of the Resort Plan-anC*eserFPlan$ElS. the Jefferson County
Comprehensive Plan and other pertinent documents. Those oroposals that satisfu the above-
referenced criteria shall be deemed a minor plan revision and may be administratively approved
(as a Tvpe II decision under the land use procedures of JCC Title I 8. Unified Development
Code) by the director of the department of community development. Public notice of the
application the written decision and appeal opportunities shall be provided to all persons or
agencies as reouired 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
includins: changes in use. increase in the intensity of use. or in the size. scale. or density of
development: or changes which ma), have e+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 prooosed revision in relation to the aporoved Resort Plan and
providing a framework for review. analysis and mitigation of the revised development
activitv oroposed. The Resort Plan revision proposal shall include the following
information:
Fomatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.75"
Formatted: Indent: Left: 0.75"
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(a) (e)--An explanation of why strict adherence to the approved Resort Plan and
Develooer Agreement is no lonser feasible:(b) A description 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 existins resort
facilities of the MPR:(c) A description ofthe design and functional features ofthe Resort Plan revision.
setting out how the revision provides for unified development. integrated site design and
protection of nafural amenities:(d) A listing ofproposed additional uses and/or proposed changes to density and
intensitv ofuses within the resort. and a discussion ofhow these chanees meet the needs
ofresidents ofthe Pleasant Harbor MPR and patrons ofthe resort:
(e) A completed SEPA environmental checklist with description and analvsis of the
environmental impacts associated with the proposed revision including an anal),sis of the
cumulative impacts of both the proposed revision and the apgoved 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 svstems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:(g) A description ofthe intended phasine ofdevelopment projects:
(h) Maps. drawings. illustrations. or other materials necessary to assist in
understandine and visualizine the desisx and use ofthe completed oroposed
development. its facilities and services. and theprotection ofcritical areas:
(i) A calculation of estimated new demands on cmital facilities and services and
their relationship to the existine resort and MPR demands. including but not limited to
transportation. water. sewer and stormwater facilities: and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III). with a reouired public hearing prior to the decision. Public notice ofthe
aoplication. the written decision- and apoeal opportunities shall be provided to all persons on the
Pleasant Harbor MPR roster (see JCC I 7.60.070) and such other persons or asencies as required
by the land use procedures of JCC Title I 8. Unified Development Code. Any proposed major
revision involvins a chanee to the boundaries of the MPR zone shall reouhe a Comprehensive
Plan amendment (a Tlre V countv commissioners decision) prior to any decision on the Resort
Plan amendment and review by the Countv Planning Commission and subsequent
recommendation to the BOCC who aporoves all Comprehensive Plan amendments.,(3) Decision Criteria. The hearine-examinerBoard of Countu Commissioners may approve a
major revision to the Resort Plan and Comprehensive Plan amendment only if all the following
criteria are met:(a) The prooosed revision would further the eoals and policies set forth in the
Comprehensive Plaru(b) Al+Adequate SEPA review has been conducted and no unmitigated probable
sisnificant adverse environmental impacts would be created by the proposed revision:
Formatted: Numbered + Level: 1 + Numbering Style: a, 4 c,
... + Start at: 1 + Allgnment: Left + Aligned at: 0.5" + Indent
at: 1"
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G) The revision is consistent with all applicable development regulations. including
those established for critical areas:(d) On-site and off-site infrastructure (including but not limited to water. sewer.
storm water and transportation facilities) imoacts have been fully considered and
mitieatedl(e) The proposed revision complements the existing resort facilities. meets the needs
ofresidents and patrons. and provides for unified development. integrated site desisn.
and protection of natural amenities.
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Title l8
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 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 f,fsltenly 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 marina, resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's intemal regulations and planning restrictions such as codes,
covenants and restrictions may be more reshictive 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 designated master planned resort in the CounE. The Pleasant Harbor MPR is
designated in accordance with RCW 36.704.360 as a new master planned resort and is subject to
the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by a €olleeurse
resertresort and recreation facilities and amenities&eili* south of Black Point Road and a
marina/Jvlaritime Village and associated housine north of Black Point Road. The resort is
predominalely 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 oopulation. The master olanned resort's
intemal rezulations 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.
l8.f5.ll5 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The enty+xisting officially designated master planned resort! in the county arcis the Port
Ludlow MPR and the Pleasant H , provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding desigaation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
pertainine to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.704.360 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.
f8.15.120 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 ofrecreational 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 ofthis article is to establish a master planned resort land use dishict 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:
(l) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided such uses are integrated into and
support the on-site recreational nature 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 ofthe 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;
O) 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 galloies, food stores, real estate/property managem€nt 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.
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18.15.126 Requirements for master planned resorts.
An application nt for an MPR project must mee+i4glgdg_the following requirements:
(l) 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 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 types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(0 A description 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 desoiption 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 ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) 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, 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
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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 43.2IC RCW, and other development conditions; and
(0 Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements ofJCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and
JCC I 8.45.030 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 agre,€ment required for approval of a
master planned resort.
(4) Planned Actions. Ifdeemed 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 supflortive 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 36.70,{.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 cotrnty commissioners and the following:
(l ) A draft of the master plan shall be prepared to meet the requirements of JCC
18.r5.126(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
meet the requirement of 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-specific 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 desiguate 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.
18.15.135 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
modifrcations can be imposed to ensure that the application meets these criteri4 then the
application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas District (ESA).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies ofthe county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions ofthe MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate open spac€, 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 inthe desigrq placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes looation-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 g l]
18.15.138 Per**udle* Master Planned Resort.
The Pefr*udlerv 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.
17.80.022
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