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HomeMy WebLinkAbout099Michelle Farfan From: Sent: To: Cc: Subject: Attachments: David W. Joh nson < djoh nson @co jefferson.wa.us > Tuesday, May 3L, 2016 10:57 AM Barbara Moore-Lewis David W. Johnson FW: Planning Commission Recommend changes to Regulations Pleasant Harbor Zoning Code_ PC version w_Staff comments and edits_6-1-16.docx Attached per your request. From: David W. Johnson Sent: Saturday, May 28,207611:49 AM To: Cynthia Koan <cynthia.koan@gmail.com>; Gary Felder <gfelder@broadstripe.net>; Kevin Coker <cokerdesignworks@msn.com>; Lorna Smith <smithsnoh@aol.com>; Mark Jochems <mdjochems@gmail.com>; Matt Sircely <mattsircely@gmail.com>; Richard Hull <richardhull@embarqmail.com>; Tom Giske <tgiske@gmail.com> Cc: David W. Johnson <djohnson@co.jefferson.wa.us>; Philip Morley <pmorley@co.jefferson.wa.us>; David Alvarez <DAlvarez@co.jefferson.wa.us>; David Goldsmith <DGoldsmith@co.jefferson.wa.us> Subject: Planning Commission Recommend changes to Regulations Attached is the PC version of recommended changes submitted by Cynthia and Lorna with Staff comments and minor edits in red. lf you can, print it out in color, since I don't know why my comments won't completely show on page 4 on screen (?!?). The blue is PC changes, red is staff. l've run out of time this week to work on this, but think it would be worthwhile to produce a revised version based on staff comments for the PC to review. I will try to have one ready to review perhaps on Tuesday. We also need to get photos of the Commission for our marketing materials at the next meeting. Could vou all be there bv 6om for a photo shoot? 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 quolity of lfe in Jffirson County by promoting a vibrant economy, sound communities and a healthy environment. fi SaUe PAPER - Pleose do not prinl this e-moil unless obsolulely necessory All e-mail may be considered subject to the Publb Records Act and as such may be disclosed to a third-party requestor. 1 N.EEt} f-ln SWUARHWMffi Setter Surldlrrg Srfftg iltrr" flr llnf|d|rl(ls.r loomi{ lillr}l. } Ltjf}.a.i{ | dcd}ejrlhtrmss 2 Department oI Comrnunity $evelopmenl PLEASANT HARBOR 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. This title is adooted pursuant to Chapters 36.70 and 36.70A RCW. and Title 18 JCC. I7.60.020 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 Master Planned Resort. 17.60.040 Additionalrequirements, is title -the -provisions of Title l5 and Title l 8 shall apply to develooment in the Pleasant Harbor MPR. Applications for development within the MPR must be submitted as provided for in JCC 18.35 Article V. Binding Site Plans. All th€ requletien, pro'€n 17.60.050 Applicabilitv. depicted on the official land use map for Jefferson County. Washington. l- Commentod IDW,U: Staff afees that this nme h sp@ific to the &ppli@t and could chage with new omer, md therefore should b€ deleEd. Comm€nted [DWJ2]: Not sure why this section ended here. Crmrnented [DWr3l: A binding site plm is just one My to "lock in' site developm@t, 6 an ahemative to a subdivision @lat), for the division oflmd for sale or lece, or condo use. No division of property is n€@ssary or being proposed b@use ofthe oumber of existing pacels, md therefore, a boundary line adjusttnent could be used to r€lign parels, elimimte umfi6sa4r pacel lincs, md thm define sp@ific future developmot with a detailed site plan/map u part of the required Master Plil. Comm€nted [DWI4]: Not sure why this language is better tha what it repla@d - LS cu explain. 17.60 060 Exemptiqns- The following structures and uses shall be exempt from the regulations of this title. but are subject to all other aoplicable local. state and federal regulations includine. but not limited to. the countv buildine ordinance. interim critical areas ordinance. the shoreline management master program. and the State Environmental Policy Act (SEPA). (.1) Wires, cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for the dishibution to consumers of telephone or other communications. electricity. eas. or water or the collection of sewage. or surface or subsurface water operated or maintained by a governmental entity or apublic or private utilitv or other county franchised utilities includins customary meter pedestals. telephone pedestals. distribution transformers and temporary utility facilities reouired durins buildine construction, whether any such facilitv is located undereround. or above-ground: but only when such facilities are located in a skeet right-of-wav or in an easement. This exemption shall not include above-ground electrical substations. sewage pump stations or heatment plants. or Eotable water storage tanks or facilities. which shall reouire conditional use approval in any zone where oermitted:(2) Underground utilitv equipment. mailboxes. bus shelters. informational kiosks. public bicycle shelters. or similar structure or device which is found by the director of communitv development to be appropriately located in the oublic interest:(3) Minor construction activities. as defined by the IBC. Section 106.2 and structures exempt under Chapter 15.05 JCC. as amended: B€rmitt€d in ell ueno 17.60.1 l0 Pre-cxistine uses and structures. nor r"r,o"r,,u, ,-o ur"a *o a,ruaB[gl ,n.,q1,. zones of the Master Planned Resort are lawful uses and ma)r _be continued in a manner consistent with state law. Titles l5 and 18 of the Jefferson Countv Code and any other applicable regulations or Ordinances. The erevisiens of *ib ien-or interest reeerded 17.60.130 Enforcement The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the Jeflerson Countv Code as cunently 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." Commented [DWJS]: Not sure *{ry this m deleted - would still be regulated under Titl€ l8 StomMter Management. Comrnented [DWJ5]: This should remain with the add te*: "a Marina" Commented [DWJ7]: Saffagrees with this loguage. Fomatt€d: Highlight Comntented IDWJE]: Stafftends to agree with this, but will defer to legal cousel on this point. -2- 17.65.010 Purpose. The MPR-RGRC zone bre+ideyaUows bgll4gtttiel=etd=tgglEqllgtg,l=fgp=llil!p=s.=gt==tvglleq l7 17.65.020 Permitted Uses. (2) Short-term visitor accommodations. constitutine not less than 6504 of the total residential units authorized by Ordinance #01-0128-08. includins" but not limited to hotels. motels. lodses. (3) Visitor oriented amenities. includine. but not limited to (a) conference and meeting facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associate with such uses: (c) on-site retail services and businesses Epically found in destination resorts and desiered to serve the convenience needs of users and employees of master planned resort: and (d) recreation business and facilities: Fomatted: Highlight Commented [DWJ9]: As proposed, designed md bsed upon prior approval, a golf ourse is included in this ane of the r6ort and therefore the original deignation is apprcpriate ud adequate. Commenhd [DWJ10I: Not sure why this word is more appropriate. Comrnented [DWrUl: Ditto, or Ibid Crmnrented [Dwrl2l: Suffokay with this change Commented IDWJ13]: This would be consistent the UDC definition ofshon tem which is less tha 30 days. CommenEd consistot with not required. [DWJ14I: This would be appropriate ud the word "Culuml" which begins the senence, but CommenEd lDwrlst: The suggetion that a golf couBe nor b€ allowed is inonsistot with prior approval md would not be supponed by staff. (4) Cultural and educational facilities of all kinds includine. but not limited to. ]intemretative displa],s of local Native American ties to and uses of the are4=q4.gqlJgliqq,-q{rC.irld,g9lgt,gl14ggl, theaters:(5) Indoor and outdoor resort-rclated recreational facilities. including but not limited to |eelf areintenaneefaeihties{tSnniq"99}tts. stylg.rning pqlg. sea services. trihing trpjls.=bj.c:p]gp4=t=hq. . ropes courses. amphitheater. and other recreational uses consistent with the nature ofmaster planned resort:(6) Waste water treatment facilities. including treatment plants. capture. storage and transmission facilities to serve a reuse/recycle oroeram for on-site heatment and use/reuse of waste water and stormwater: (7) Public water suoply and related facilities:(8) Public facilities and services as defined in JCC I 8.10. 160:(9) Utilities supporting the resort: (10) Emergency services (fire. police. EMS): (l l) Medical services: and(12) Other similar uses consistent with the puroose of this zone and MPR as determined by the Deoartment of Community Develooment. -3 No buildines within the MPR-GR zone shall be erected. enlarged or shucturall-v modified to exceed$;0-{9=F.qg!.[q.h.qi€ht as meas!rr.qC.by.lBC standarCl,..Undelground or imbeddedpe{ls!r.rg shall not be included in any height calculations. 17.65.030 Heishtrestrictions. 17.70.010 Purnose. top of the bank along the bluffon the southem boundar.v of the MPR in accordance with All hees measurine 10" diameter breast hish (dbh) or greater on the date of bindins site plan approval shall be located and marked for retention. and measures taken to protect surroundins soil and roots during site disturbance. Where there is no alternative to removing such trees. Additional "laree" trees shall be planted in buffer areas at a ratio oftwo trees planted for each removed. Where feasible. removed rees and their root wads shall be made available for watershed restoration pf ojectql b17.70.010 (b) Kettles#. restored. preserved. and protected with adequate native veeetation buffers. 16 I 7.70.0 I 0 (c) Special Environmental Protection Provisions feet. -Not withstandine all other environmental requirements. the MPR approved plan must havep.*rr.*tbrL Commented [DWr16l: 80 feet is the propored height ofthe Conference Cenrcr Formatted: Not Highlight Comrflented IDWr17]: For clarity. CommenEd [DW]181: Not sure why this wo deleted sine no ComrnenEd [DW,I9I: The appli@t is willing to chuge the 20 feet to 40 fet for buildings over 60 feet to addrss the con@ds ofthe 80 foot building height r€striction (see 17.65.030 above). Comrnented [DWJ20!: 50 feet is @nsistot with sll other ans in the County. Comnrented [DWJ2U: Not sure why is designation is nssary. huffer area hetween the resorf activities anr l -include a buffer extendins landward 30+l Commented [DWJ22]: There ue other opo space ad critical ar6 that are trotwithin the proposed OSR zone - see zoning map. Commented [Dwr2il]: Staffwould agc to "natuml native vegstive" buffer Comm€ntcd [DWJ24!: StEffss dis s qcssive md wondm unda wlnt regulatory schoe or scientific b6is it is being proposed. Comm€nted [DWr25]: Chapter 18.22 almdy overe this s well s the building setbacks from bufe6. ComlEnbd [DWr26]: This is a nice ides, but dosn't make senre sioce no dcvelopmot within this ane is pemitted that would require the removal oftrees, only pcsive roretion that does not reduce the forest mopy. A better alGmative to this is a Forest Stewdship Plu similar to the one being proposed in Port Ludlou Formatted: Font: Bold Formatted: Font: (Default) fimes New Roman, 12 pt Formatted: Not Hiqhliqht Commartted [DW27]: The word "should" is advisory, md d@sn't indi€te a mndatory or required adion. ComrnenEd [DWJ2E]: There re no Kettles loated within this proposed zone - see zoning map. Use ofthe Kettle B has alrady bm approved mder Ord No 0l{l2t-08. Comnrcnted IDWJ29]: This entire sub-section does not belong in this Section. Also not n@ssary with provisioas in JCC 18.22, alrady required uder the Dwelopment AS.eement and as FSEIS mitigation. -4- the aouifer and treatins -all on-site run-offwith advanced biofiltration (or better at construction?) prior io any discharee io the aguifer. (new item or with next itemf./) An approved organic vegetation and site management plan shall be submitted to the County as part of the overall ( I t.Q=oJ9=$qrrgS=Aqqi&t,=Wg[+sed=lt=olpptten=q{t=q=A=qtd&r=B=eg=hqreqA=r=e=? The aqifer underlvine Black Point. which includes the entireflg.qqqql=Harbgf=Marinp MEB area. -is a sole source aquifer for all of Black Point. Permeable soils on site mean -potential contamination of the aquifer could occur from improperly directed run-off. soills or other contamination of fertilizers. pesticides. herbicides and petroleum products. putting human health at risk as well as fish and wildlife. An -approved plan for directine untreated run-off away from Formatted: Underline Formatted: Ust Paragraph, Numbercd + Level: 1 + Numbering Style: L,2,3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Fomatted: No underline Formatted: Indent: First line: 0.5" Commented [DWJ3U: Matt submitted text which he sid he r€d to the group that would fit in this section, and added here by staf in red. fom.tted: Indent: First line: 0.5" (2)All development and landscaping within the PHMPR area must be located-. constructed. and maintained in such a manner as to nrovide full orotection to the aquifer and any on-site or neighboring wells that rely on that aquifer for potable water. (3)- No solf course greens should be constructed over the sole-source aouifer. - and site qrading and excavation should be minimized. as demonshated by a County reviewed and approved grading plan pursuant to JCC. (4) Land disturbine activities such as sradine and filling shall be kept to a minimum and * natural contours shall be followed in locating and designing all development features to protect the natural environmental uniqueness of the site. No filling of wetlands shall be allowed. unless all other avoidance measures have been exhausted and mitigation ofthe lost function. acreaee and value shall be at a ratio of 3: L (5) Rezular independent water quality testing shall be conducted at specific monitorins 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 adioining watersheds for toxic contamination -and- low oxyeen levels. (6F- All development and land disturbance Sshall protect/avoid all important cultural/historic sites that are listed. or eligible to be listed bv State Historic Preservation Officer or by a local Tribe with jurisdiction (site is included in Tribe's ceded area-Pt No Point Treaty Tribes). (7)- [he owner/developer or assimees must provide for all on-site recycling of material . including- oaoer. elass. cardboards. olastics. -and composting of garden waste. food waste. All compost should be reused on site. The owner/developer or assignees must provide a written record that landscaping materials purchased and applied onsite. including those applied as comoost feedstocks. are within the oarameters and use restrictions set forth by the National List of Allowed and Prohibited Substances as published and periodically updated by USDA National Oreanic Program.The Pleasant Harbor Marina shall provide waste holding tank pump out for vessels. and ihall maintain a recycling station. including the means to recycle used vessel oil.l,, _, (8) The apolicant shall identift wildlife use areas within the site and orovide for set-aside * and protection ofcore wildlife habitat areas and connecting corridors. [DWr30]: The Dwelopment Agr@ment would be for this. C,ommsrted the beter place Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" -5- (9) In cooperation and consultation with local hibes.- areas shall be set aside and maintained for the occasional harvestins of medicinal plants and other plants important to tribal culture. (10) All develooment with the PHMPR must complv 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 establishment of the Pleasant Harbor Master Planned Resort. (1 1) Anv develooment oroposed in the PHMPR shall use the LEED (Leadershio in Enerov and Environmental Desion ) oreen buildinq ratinq svstem standards. ('12) Any development proposed in the PHMPR shall use the Intemational Dark Sky Association (IDA) Zone E-l standards for the MPR in order to limit night-time light oollution which mav 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 exceotion ofthose lvpe ofactivities pertaining to euests and residents only such as access to laundry rooms or intemal recreation rooms. TV rooms. etc. 17.70.020 Permitted uses. Formatted: Font: (Default) Arial, Raised by 1 pt Formatted: Font: (Default) Arial, Raised by 1 pt Formatted: Indent: First line: 0,5" Formatted: Indent: First line: 0.5" Commented IDW]321: Detemination by whom? Commented [DWJ33I: Why remove this? -6- CommenEd [Dwrgl: Awkwrd. I could agre with "natural orguic materials" but the omponmts of rphalt ue also "orgmic" 0d "mtunl." Commenbd [DWJ35I: cood id@. Chapter 17.75. Marina - Maritimd Yillaee (M.P.R-M.Y) 17.75.010 Purpose. 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 through the Jefferson Countv Shoreline Master Program and associated regulalions Chapter 18.25 JCC:(2) Residential uses includine single-family and multifamily structures. condominiums. time- facilities. including open parking lots. restaurants and shops. as well as marine service facilities. 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. swimmin&pools. marinas. hiking tails. bicycle paths. ropes courses. same center and other recreational uses consistent with the nature of master planned resort.:(6) Utilities supporting the resort:(7) Infrastructure and buildings. both above and below eround. for the utilities:(8) Emereency services (fire. police. EMS):(9) Public facilities. and services servingjhe MPR-MV zone:(10) Medical services: and 17.75.030 Heiqhtrestrictions. No buildings within the MPR-MV zone shall be erected. enlarsed or structurally modified to exceed 35 feet in heieht as measured bv IBC standards. Undersround or imbedded parking shall not be included in any height calculations. you say tlat be allowed? Commented Are no alloweduses olIDwJ36l: Iunder JCC 8.25 shall CommenEd IDWJ37]: Staffaddition for cldty Commented [DwJ38l: Ditto. commented [DwJ39]: Ditto. Commenteal [DWJ4llI: Not neessry. This would be regulated under JCC I E.25 md with a Hydraulic Project Approval fiom Fish & Wildlife. Consistent wirh l7 60 040Commented 7- Chanter 17.80. Pleasant Harbor Resort Develonment 17.80.010 Resort develonment. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review orocess for any future resort development. and orovides 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. 17.75.040 Bulkand densiCgetbactLe.quirements. There are no yard or setback provisions intemal to the MPR-MV zone. All new structures located within shoreline iurisdiction shall comoly with the setback requirements of the Countv's Shoreline Master Program as codified at Ch. 18.b125 lJ99 17.80.020 Development cap. The Pleasant Harbor IvIPR in total shall have a derelopment cap of E9&400304 residential units provided. however. short term visitor accommodation units shall constitute not less than than-65 oercent of the total units. The Pleasant Harbor MPR in total shall have a conference space. not including l,ebbies-an*intemal open snace. resiaentiat unit @ 17.80.040 Permit process for resort development.(l) A project-level supplemental environmental impact statement (SEIS) analyzing 8qqg.tf,fhtt s_bqlt be provided procedures ofJCC Title 18.(3) Actual buildine permit plans or construction drawings Eenetmay not be required durine the SBI$SEPA review process. but submitted architectural drawines must contain and demonstrate suffrcient -details.A+ehitedrrd{rarvints including a detailed site plan. sad CommenEd [DWJtl4l: They have alrody bo apprcved for E90. If the appliot agr6 to this, then okay. Comnrented [DWJ45]: Per Altemative #3 Comniented [DWJ45]: Developer or Developmat? ComtDented [DWJ47]: Also include a Mcter Plu c required under JCC I 8. I 5. 125 - see staff report. ComnrenEd [DWl48l: Unneesrry. commented [DwJ49l : why? ComtnenEd [DWr50l: 15 this for revision of the Rso.t PlaD or oy development applietion under the Reson Pls? Formatted: Highlight Commented IDWJ51I: Saffcould agree wit]r this change. Comtnented [DWJ52]: Not clry on this or why it's stated here. ComnrenH [DWJ42I: For clarity Commenbd [DWl43] : Conwtion -8- for- a SEPA threshel*Determination of Significance except where the SEPA-responsible official determines that the application results in only minor eensfiretienimpacts. Existing environmental review documents mav be adopted under SEPA ifthose documents are sufficiently up to date and suflicientlv detailed to A W envi+enmenteldeeuments adequately address environmental eenditiens,impacts and mitigation I-__----- as set forth in RCW 43.21C.034.( issii€s 17.80.050 Environmental review for Resort Plan development, "d to .""t th. thr.rhold d€vebom€nt{e€silstion* I(3) The utility element of any subsequent phase of SEPAem+irenmentd review oertaining to (4) The department of communitv development may imoose mitigating conditions or issue a denial ofsome or all ofthe Resort Plan based on the environmental review and using authority 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 Eocess for resort development.(5) Followine completion of the SEIS buildine permits may be issued. followine appropriate plan review. for proiects analyzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only following completion of review and approval of a full resort buildout plan thLrough the SEIS process. A phasing schedule may be proposed as part ofthe environmental review or may be develooed at a later date. the Pleasant Harbor MPR shall rprovide evierr-information on all aJfected utility systems. includins sewer and water s),stems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated Supplements or changes to the monitoring and reporting systems shall be considered ifnecessary to ensure that water qualitv and water supply are adequately protected and impacts to natural resources minimized. Requirements for water (4) Any preliminary scope for future development within the Pleasant Harbor MPR is besedshall be consistent with e*t$edes(#Haoproved 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 significant adverse environmental impacts. 17.80.060 Revisions to Resort Plan. n or sire or scope ltg.ttr=e= =BlB.qqrut lt=afppt=lytfB. 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 Countv may aoorove an amendment to the Commented [DWJ53]: Staffcould agree with this chmge Commented [DW]541: Staffdisagrees with this deletion. lt is impotut to shte the sope of review. Commented [DWJ55]: Rcdundant. Commented IDWJ56]: To include a decreoe in size or scope. -9- Comprehensive Plan onlv 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 existing Resort Plan shall be submitted to the countv for approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set forth in this title. Upon approval ofa revision. all subsequent development proposals shall be consistent with the revised Resort Plan and develooment regulations.(3) Proposed revisions to the Resort Plan shall be submitted to the deea*mentsDepartment of eemmu*i+Communiry" deve@Development (DCD) and the DCD dhector will determine whether the proposal constitutes a major or minor revision. Upon making a determination. the proposed revision shall follow the appropriate process for plan rwisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.070 Minor revisions.(l) Minor Revisions. @Resort Plans mav require minor changes Plan in effect. A change that satisfies the- following criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve no more than a ten 15%o(l0{ pglgpfrllq=qgqff=iq.lhg= g=vgtq!! .gtg$=qggglg footage ofthe Resort Plan;(b) Will[ravenoaddition@lqrpqgli==ol=trS environment and/or facilities than that addressed in the development plan: (c) Do not alter the boundaries ofthe aoproved plan:(d) Do not propose new uses or uses that modift the recreational nature and intent of the resort. and reviewed by the Jefferson Counfu deBartment Department of e<x*n+u*i+)-Clommunit] de+elopment-Develooment (DCD) to determine if the revisions are consistent with all of the the existin€i-aporoved provisions of the Resort Plan-and+eso*+lan€ElS. the Jefferson County Comprehensive Plan and other pertinent documents. Those proposals that satis8 the above- referenced criteria shall be deemed a minor plan revision and may be administratively approved (as a Type II decision under the land use procedures of JCC Title I 8. Unified Develooment Code) by the director of the department of community development. Public notice of the application. the written decision, and appeal opoortunities shall be provided to all persons or agencies as reouired by the land use procedures of JCC Title 18. Unihed 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. 17.80.080 Maior revisions. Revisions to the Resort Plan that will result in a substantial chan&e to the resort including: chanees in use. increase in the intensity ofuse. or in the size. scale. or density of development: or changes which may have e+nbstantialimpaetadditional impacts on the Comnrcnted IDWJ57]: This should be in subsedion (2). Comlflented IDWJ58I: What's the bois for this? ComtnenrEd standryd, while [DWJ59]: This make sense o fr as sening a "signifi cotly greatei' can be subjectivc Commented [DWl60]: Agr*d. How would that be detemined ud by whoo? - l0- environment beyond those reviewed in orevious 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 develooment activitv proposed. The Resort Plan revision proposal shall include the followine information: (b) A descriotion of how the revised Resort Plan would further the goals and policies set forth in the Comprehensive Plan: (b) A description of how the Resort Plan revision complements the existing resort facilities of the MPR:(c) A description of the design and functional features of the Resort Plan revision. setting out how the revision provides for unified development. integrated site design and Drotection of nafural amenitiesl(d) A listine ofproposed additional uses and/or proposed changes to density and intensity of uses within the resorl and a discussion of how these changes meet the needs of residents of the Pleasant Harbor MPR and oatons of the resort:(e) A bompleed SEPA environmental chicklist with besclie=tion=e!!d= qqalysis of the environmental impacts associated with the proposed revision. including an analvsis of the cumulative impacts ofboth the proposed revision and the approved Resort Plan. and their effects on sunounding properties and.ior public facilities:(.fl A description of how the proposed Resort Plan revision is integrated with the overall Pleasant Harbor MPR and any feafures. such as connections to fail systems. natural systems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPR:(g) A descriotion ofthe intended phasins of development projects: &) Maps. drawings. illustrations. or other materials necessary to assist in understanding and visualizing the design and use ofthe completed proposed develooment. its facilities and services. and the protection ofcritical areas:(i) A calculation of estimated new demands on capital facilities and services and their relationship to the existing resort and MPR demands. including but not limited to transportation water. sewer and stormwater facilitiesl and a demonshation that sufficient facilities and services to support the develooment 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 (Tyoe III). with a reouired public hearine prior to the decision. Public notice ofthe application. the written decision. and appeal opportunities shall be provided to all persons on the Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or agencies as required by the land use orocedures of JCC Title 18. Unified Develooment Code. Anv prooosed major revision involving a change to the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Tvpe V county commissioners decision) prior to any decision on the Resort recommendation to the BOCC who approves all Comprehensive Plan amendmentd.r Formatted: Indent: Left: 0.75" Fomatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: l" Commented IDWr6ll: Good ide. Commented [DWr52]: Of ouree. Crmmented [DWr53]: Ye, onsisrent wirh cunent code. Formttted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0,25" + Indent at: 0.75" -l l- (3) Decision Criteria. The hearh&etaminerBoard of Countv Commissioners may approve a major revision to the Resort Plan and Comprehensive Plan amendment only if all the followine criteria are met:(a) The proposed revision would further the goals and oolicies set forth in the Comorehensive Plan:(b) NeAdequate SEPA review has been conducted and no unmitieated probable significant adverse environmental impacts would be created by the proposed revision:(c) The revision is consistent with all applicable development regulations. including those established for critical areas:(d) On-site and off-site infrastructure (including but not limited to water. sewer. storm water and transportation facilities) impacts have been fully considered and mitiqated:(e) The proposed revision complements the existins resort facilities. meets the needs ofresidents and patrons. and provides for unified development. inteerated site design, and protection of natural amenities. t2- Title l8 UNIFIED DEVELOPNIENT 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 fifslenly existing officially designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title I 7. The master planned resort of Port Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marina, resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's intemal regulations and planning restrictions such as codes, covenants and restrictions may be more 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 officiall), desipnated master planned resort in the County. The Pleasant Harbor MPR is predominately desiemed 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 servinq 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 reouirements 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 only-€xis+iq officially designated master planned resorts in the county q1gis the Port Ludlow MPRand thc Pleasant Harbor MPR, provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adooted pursuant to RCW 36.704.360 oertaining 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 commented lDwrffl: why? l3- formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. 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 district to be applied to those properties the board ofcounty commissioners determines arc 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 mastgr 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 ofthe master planned resort. (4) Campgrounds and recreational vehicle (RY) 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 structures to serve as sales offices.(9) Any other similar uses deemed by the adminishator to be consistent with the purpose and intent ofthis section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. -14- 18.15,126 Requirements for master planned resorts. An application nt for an MPR project must mee+in_lgile 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 attract people to the area and resort. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part ofthe resort's services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses aod mardmum 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, sup€rior 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 pursuant to the Shoreline Master Program. (g) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development.(h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support 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 of the development can be evaluated. This shall also discuss how the project will function at interim stages prior to completion of all phases of the project, and how the project may operate successfully and meet its environmental protection, concurrency, and other commitments should development cease before all phases are completed. (2) Development Agreement. A master planned resort shall require approval of a development agreement as authorized by Article XI of Chapter 18.40 JCC (Development Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and RCW 36.708.170, the development agreements shall be prepared by the applicant and must set - l5- 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 Ac! Chapter 43.21C RCW, and other development conditions; and (0 Other development standards including those identified in JCC 18.40.840 and RCW 36.70B.r70(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC I 8.45.040; 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 agreement 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-l 1-168. (5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.704.110. f8.15.129 Applicationrequirementsandapprovalprocess. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of county commissioners and the following: ( l) A draft of the master plan shall be prepared to meet the requirements of JCC 18. l 5.126(l). (2) A request for authorization ofa development agreement, pursuant to the requirements of JCC 18.15.126(2) and tuticle XI of Chapter 18.40 JCC (DevelopmentAgreements). (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 designate new master planned resort land use dishicts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and - l6- 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 modifications can be imposed to ensure that the application meets these criteria" then the application shall be denied. (l) The master plan is consistent with the requirements of this article and Article VI-D of this chapter (Environmentally Sensitive Areas District (ESA). (2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline Master Program, and complies with all other applicable sections of this code and all other codes and policies 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 suffrcient services such as transportation access, public safety, and social and health services, to adequately meet the needs of the guests and residents of the MPR- (5) The MPR will contain within the development all necessary supportive and accessory on- site urban-level commercial and other services, and such services shall be oriented to serve the MPR. (6) Environmental considerations are employed in the desigq 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 oFsite infrastructure and service impacts have been fully considered and mitigated. (8) Improvernents and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. (9) The master plan establishes location-specific standards to retain and enhance the character of the resort. (10) The land proposed for a master planned resort is better suited and has more long-term importance for the MPR than for the commercial harvesting of timber or production of agricultural products, and the MPR will not adversely affect adjacent agricultural or forest resource land production. [Ord. 8-06 g I ] 18.15.138 Per+tndfer+ Master Planned Resort. The Pe**udle+v 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. Iz.ao.oz4 CommenEd IDWJ65I: ??? -17 -