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HomeMy WebLinkAbout126Michelle Farfan From: Sent: To: Cc: Subject: Attachments: David W. Johnson <djohnson@cojefferson.wa.us> Wednesday, June 15, 2016 8:00 AM Barbara Moore-Lewis David W. Johnson RE: Materials for 6/15/76 Planning Commission meeting PC Agenda 06-15-2016.pdf; Pleasant Harbor Zoning Code_ PC version after the_6-1-16 PC mtg.docx Attached. From: Barbara Moore-Lewis Imailto:brinnongroup@gmail.com] Sent: Tuesday, June t4,zOtG 11:24 AM To: David W. Joh nson <djohnson @co.jefferson.wa.us> Cc: Cynthia Koan <cynthia.koan@gmail.com> Subject: Materials for 611,5176 Planning Commission meeting Please send me copies of the materials supplied to the Planning Commission for Wednesday's meeting. Thanks 1 Pt 960379-4450. 6zr Sheridan St. Port Townsend WA 98368 Jefferson County Planning Commission MEETINGAGENDA Tri-Area Community Center June 15, zot6 Fi g60-379-4451 plancomm@co jefferson.wa.us o Callto Order/Roll Call . ApprovalofAgenda o Staff Updates o CommissionerAnnouncements a Topic Presented by Continued Deliberations on Regulations for the Pleasant Harbor Master Planned Resort- to include discussion of a proposed Staff and Planning Commission revision. a David W. Johnson, Associate Planner When the Chair recognizes you to speak, please begin by stoting your name and address, Pleose be oware thot the observer comment period is ... i An optionol time period dedicoted to listening to the public, not o question ond onswer session. The Plonning Commission is not rcquired to provide response; ii Offered ot the Choir's discretion when there is time; iii Not o public heoring - comments mode during this time will not be port of ony heoring record; iv Moy be structured with o three-minute per person time limit. o Summary of today's meeting o Follow-up action items o Agenda ltems for July 6th meeting at 6:30 pm at the Tri-Area Community Center . Thank you for coming and participating in your government at work! 6:30 pm DtscusstoN 6:45 pm OBSERVER COMMENT 8:00 pm 8:15 pm 8:30 pm PLEASANT HARBOR MASTER PLANNED RESORT Title l7 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 adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title l8 JCC. 17.60.020 Title. The regulations set forth in this title shall be known as the "Pleasant Harbor Master Planned Resort Code" or 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 pumose and intent of the Pleasant Harbor MPR code is to set forth development regulations that comply with and are consistent with the Jefferson CounU Comprehensive Plan for future development within the boundaries of the Pleasant Harbor Master Planned Resort. 17.60.040 Additionalrequirements. In addition to the requirements of this title the orovisions of Title l5 and Title 18 of the Jefferson County Code shall apply to development 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. and all subsequent development within the MPR area will be subject to the approved binding site plan and as specified in the terms and conditions of the Development Agreement between Jefferson Counfv and the Developer. 17.60.050 Applicabilitv. The provisions of this title shall applv to all land use actions and siting of infrastructure includins over water or in-water work to be conducted within the boundar.y of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson Countv. Washington. l- 17.60 060 Exemptions. The following structures and uses shall be exemot from the reeulations ofthis title. but are subject to all other applicable local. state and federal rezulations including. but not limited to. the countv building ordinance. interim critical areas ordinance, the shoreline management master program. and the State Environmental Policy Act (SEPA). (l) Wires. cables. conduits. vaults. pipes. mains" valves. tanks. or other similar equipment for the distribution to consumers of telephone or other communications. elechicitv. gas. or water or the collection of sewage. or surface or subsurface water operated or maintained by a governmental entitv or a public or private utility or other countv franchised utilities includine customary meter pedestals. telephone pedestals. dishibution transformers and temporary utilitv facilities required durine buildine construction. whether any such facilitv is located underground. or above-sround: but only when such facilities are located in a sheet right-of-way or in an easement. This exemption shall not include above-ground electrical substations. sewage pump stations or heatment plants. or potable water storagg,tanks or facilities. which shall require conditional use approval in any zone where permitted: (2) Underground utilifv equipment. mailboxes. bus shelters. informational kiosks. public bicycle shelters. or similar stnrcture or device which is found b), the director of community development to be aporopriatelv located in the public interest:(3) Minor construction activities. as defined by the IBC. Section 106.2 and structures exempt under Chapter 15.05 JCC. as amended:(4) Development consistent with the Marina Bindine Site Plan approved by the Countv prior to adoption ofthis chapter. 17.60.110 Pre-existing uges and structures. Existing legallv-oermitted. residential and non-residential land uses and structures in all zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent with state law. Titles l5 and l8 of the Jefferson County Code and any other applicable regulations or Ordinances. 17.60.120 Provisions bindins on the land. (this section deleted bv the PC) r7.60.130 Enforcement The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the Jefferson Countv Code as currentlv enacted or as hereafter amended shall apply to any alleged violation of Title 17. Article II. more commonlv known as the "Pleasant Harbor MPR Code." Chapter 17.65 Pleasant Harbor Master Planned Resort Residential Recreation and Commercial Zone (MPR-RRC) 17.65.010 Purpose. The MPR-RRC zone allows residential and recreational facilities. as well as commercial amenities and services associated with the resort and surrounding community. It also allows for the central resort and conference facilities. -2- 17.65.020 Permitted Uses.(l) Residential uses includins sinele-family and multifamily structures. condominiums. townhouses. apartments. lofts. villas. time-share and other fractionally olvned accommodations. (2) Short-term visitor accommodations, constituting not less than 650Z of the total residential units authorized by Ordinance #01-0128-08. includine. but not limited to hotels. motels. lodses. and any residential uses allowed under subsection I ofthis section that is made available for short-term rental. "Short-term rental" shall be construed to mean less than 30 days.(3) Visitor oriented amenities. including. 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 typically found in destination resorts and desiened to serve the convenience needs of users and employe€s of master planned resort: and (d) recreation business and facilities;(4) Cultural and educational facilities of all kinds including. but not limited to. intemretative 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 tennis courts, swimmine pools. spa services. hiking trails. bicycle paths. roDes courses. amphitheater. and other recreational uses consistent with the nature of master planned resort: (6) Waste water treatment facilities. including treatment plants. capture. storage and transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of waste water and stormwater:(7) Public water suppl), and related facilities:(8) Public facilities and services as defined in ICC 18.10.160:(9) Utilities supporting the resort:(10) Emergency services (fire. police. EMS): (l l) Medical services: and(12) Other similar uses consistent with the purpose of this zone and MPR as determined by the Department of Community Development. 17.65.030 Heiehtrestrictions. No buildings within the MPR-GR zone shall be erected. enlarged or structurally modified to exceed 50 feet in heisht as measured by IBC standards except with approval ofthe local Fire District. Underground or imbedded parking shall not be included in any heieht calculations. 17.65.040 Bulk and setback requirements. All structures shall be set back at least 40 feet from Master Planned Resort boundary lines and adjacent MPR zones for buildings over 50 feet. Minimum building setback from State Route l0l is 50 feet. |Z.6S.OSO Critic ion Areas(l) Critical areas and their buffers within the MPR boundaries shall be identified. delineated and permanently protected in accordance with JCC 18.22 and shall be designated on the oflicial map of the Pleasant Harbor Master Planned Resort. A buildine setback of l0 feet shall apply to all desisnated buffer areas. -3- (2) Sienificant Tree Retention All trees measuring l0" diameter breast hieh (dbh) or sreater on the date of binding site olan approval shall be located and marked for retention. and measures taken to protect surroundine soil and roots during site disturbance. Where there is no alternative to removing 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 orojects. (3) Kettles Ponds. A "kettle pond" is defined as a pond formed in a depression on the land surface left by an ice block after elacial retreat. Black Point has thee such geologic and culturallv sisnificant features inside the MPR boundaries. Kettles ponds are identified as atvpe of wetland difficult to replace. The three kettle pond sites on Black Point inside the MPR boundaries should be restored. oreserved. and protected with adequate native vegetalion buffers. (4) SpecialEnvironmentalProtectionProvisions. Not withstandins all other environmental requirements. the MPR approved plan must have provisions for: (a) Sole Source Aquifer. Well-head Protection and Aquifer Recharse Area The aquifer underlying Black Poinl which includes the entire Pleasant Harbor Marina MPR area- is a sole source aquifer for all of Black Point. Permeable soils on site mean potential contamination of the aquifer could occur from improperly directed run-off. spills or other contamination of fertilizers. oesticides. herbicides and petroleum products. nutting human health at risk as well as fish and wildlife. An overall Master Planned Resort application for review and approval. or approval with conditions. (b) All development and landscapine within the PHMPR area must be located. construsted. and maintained in such a manner as to provide full protection to the aquifer and anv on-site or neishboring wells that rely on that aquifer for potable water. (c) No eolfcourse sreens should be constructed over the sole-source aquifer. and site grading and excavation should be minimized. as demonshated by a County reviewed and approved gading plan pursuant to JCC. (d) Land disturbine activities such as sradine and filling shall be kept to a minimum and natural contours shall be followed in locating and desienring all development features to protect the natural environmental uniqueness ofthe site. CommonEd IDWJU: N6d to address this. Commented [DWr2]: And this. -4- (e) Regular indeoendent water qualitv 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. (0 All develooment and land disturbance shall protect/avoid all important cultural./historic sites that are listed. or eligible to be listed by State Historic Preservation Officer or bv a local Tribe with iurisdiction (site is included in Tribe's.ed"d*.*-PtNoPointffi (g) The owner/developer or assienees must provide for all on-site recyclins of material. includine oaper. glass, ca.rdboards, plastics. and comoosting 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 apolied onsite. including those applied as compost feedstocks. and pest controls are within the parameters and use restrictions set forth by the National List of Allowed and Prohibited Substances as oublished and periodically uodated by USDA National Organic Proeram. The Pleasant Harbor Marina shall provide waste holding tank oump out for vessels. and shall maintain a recycling station. including the means to recycle used vessel oil. (h) The applicant shall identit wildlife use areas within the site and provide for set-aside and protection ofcore wildlife habitat areas and connectine corridors. (i) In cooperation and consultation with local tribes. areas shall be set aside and maintained lor the occasional harvesting ofmedicinal plants and other plants important to tribal culfure, (j) All development with the PHMPR must comply with the requirements for buffer retention. wildlife protection sreenbelt retention and maintenance and establishment ofpermanent orotective easements for these resources. as well as the other specific reqwiements of Jefferson County Ordinance. 0l-0128-08, which was oart of the Board of County Commissioners Council approval for establishment of the Pleasant Harbor Master Planned Resort. (k) Any development oroposed in the PHMPR shall use the LEED (Leadership in Energli and Environmental Design) green buildins ratins s),stem standards. (l) Anv development proposed in the PHMPR shall use the Intemational Dark Sky Association (IDA) Zone E-l standards for the MPR in order to limit nisht-time light pollution which may affect neighboring residential areas as well as wildlife. (5) Public Access to Master Planned Resort Amenities. All amenities and recreational resources of the development shall be open to all members of the oublic. with the exception of those type ofactivities pertaining to guests and residents only such as access to laundrJz rooms or Crmm€nEd [DWl3]: I had a note that lmguge wr changed or added, but re incomplete. "This site is included r listed..." -5- intemal recreation rooms. TV rooms. etc. Nothing in this section shall prevent the operator of any recreational resource from establishins a fee or charge for the public's use ofthe recreational Iesource. Chapter 17.70. Open Soace Reserve. (MPR-OSR ) 17.70.010 Purpose. The purpose of the MPR-OSR zone is to provide for a natural vegetated buffer area between the resort activities and the waters of Hood Canal. The MPR-OSR zone shall include a buffer extendine landward 50 feet from the top of the shoreline bluffbank. includine a l0 foot buildine setback. alone southem boundar.v of the MPR in accordance with Ordinance No. 0l- 0128-08. 17.70.020 Permitted uses. Chapter 17.75. Marina - Maritimd Y!!l?ge (MPB-LIV) 17.75.010 Purpose. 17.75.020 Permitted useg. The followins uses are oermitted in the MPR-MV: ( I ) Marina and overwater shuctures as approved through the Jefferson Counqv Shoreline Master Program and associated reeulations Chapter 18.25 JCC:(2) Residential uses including single-famil), and multifamily structures. condominiums. time- Commented [DWr9l: Are you pemitted under JCC 18.25 shall be say that no uses allowed or allowed? Commented IDWJ10]: Shff addition forclariry. Commented IDWJIU: Ditto. share and fractionallv owned accommodations of all kinds; IEd ut.. .o.[,gtg!?=t=nqd= Wrui.. facilities. including open parking lots. restaurants and shops. as well as marine service facilities. Commented [DWI4]: Daeminaron by whom? ComntqtEd [DWrS]: To stringmt per lcgsl. Similu to No Nd Loss. Commented IDWJ6I: why remove this? Comrurtsd [DWr7]: AwkMd. I could agr@ with "naml orgmic matoials" but the @mpon6ts of sphalt ee also "orgaid' ud "natuEl-" Crmrnented [DIUI8]: cood id@. crmmented IDwrl2l: Dim. Comrnented IDWJ13]: Not n*essry. This would be regulated under JCC 18.25 and with a Hydraulic Projea Approval from Fish & Wildlife. -6- structures located within shoreline jurisdiction shall complv with the setback requirements of the Co*tu', Sho..lin. M*t., Progr -- (4) Accessory uses and structures. such as garages. carports. storage buildings and similar structures supporting marina and maritime village uses. fuel service and parkine: (5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming pools. marinas. hiking hails. bicycle paths. ropes courses. game center and other recreational uses consistent with the nature ofmaster planned resort.:(6) Utilities supportine the resort:(7) Infrastructure and buildings. both above and below ground. for the utilities:(8) Emereency services (fire. police. EMS):(9) Public facilities. and services serving the MPR-MV zone:(10) Medical services: and 17.75.030 Height restrictions. No buildinss within the MPR-MV zone shall be erected. enlarged or structurally modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded parkine shall not be included in any heieht calculations. 17.75.040 BulkanddonciCgetbacldrequirements. There are no yard or setback provisions internal to the MPR-MV zone. All new Chaoter 17.80. Pleasant Harbor Resort Development 17.80.010 Resort development. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides processes for reviewinglnajor or minor revisions to the Resort Plan. These provisions apply to all resort and associated development within the Pleasant Harbor MPR. conference space, not including lebbie+an4intemal open space. Commenhd [DWJl4I: Consistmr with 17.60.040 CommenEd [DWJ15I: For cluity Commqrted [DWl16]: Corrction Commqtted [DWrUl: They have almdy ben approved for E90. If thc applimi.916 to this io witing with a revised dmft, tho okay. C.om]flentd [DWl18]: Per Altemative #3 Commented IDWr19]: Developer or Developm@t? Crmmented [DWr20]: Nor requircd. Commented [DtryJ2l]: Also includes aMsler Ple 6 required uder JCC I 8.1 J.126 - s@ staff report. Commented [DWJ22]: Unneoewry. 17.80.020 Develoomentcao. The Pleasant Hirbor MPR in total shall have a development cao of 189S4003001 . residential units provided. however. short term visitor accommodation units shall constitute not ,7 17.80.040 Permit process for resort development.(l) A proiect-level supolemental environmental impact statement (SEIS) analvzine *eq#Pten !.hqll.=be qre,Yidei ! procedures ofJCC Title 18.(3) Actual building permit plans or construction drawings benetmay not be required during the SEI$SEPA review process. but submitted architectural drawings must contain and demonstrate sufficient -details.A*ehiteehrreldrarviags including a detailed site plan. and denial of some or all of the Resort Plan based on the environmental review and usins authoritv provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be aoplicable to the permitprocess forresort development.(5) Followine completion of the SEIS buildine permits may be issued. following appropriate plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertakeo in phases. but only following completion ofreview and approval ofa full resort buildout plan throueh the SEIS process. A phasine schedule may be orooosed as part ofthe environmental review or may be developed at a later date. 17.80.050 Environmental review for Resort Plan development. .d to .."t th. thrrrhold for- a SEPA t$*es'hel4Determination of Significance except where the SEPA-responsible official determines that the application results in only minor eenstnretienimpacts. Existins en+i+enmen*aldeeuments adequatelv address environmental €ondi+ions-impacts and mitigation as set forth in RCW 43.21C.034. f issues d€veleplnelrt+eankltirln+ (3) The utiliW element of any subsequent phase of SEPAeT+irenme*tel review pertaining to the Pleasant Harbor MPR shall r-provide evierv-information on all affected utilit), systems. including sewer and water systems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated. Supplements or changes to the monitoring and reporting Comnrenhd [DWr27]: To ugue. Neds to match SEPA luguge or be more spoific. ComnrenH [DWr28l: Suffcould agree with this chuge. ComtnenEal [DWJ29I: Saff disgre with this del*ion. tt is impomt to state dre sope of rwiew. Commenbd IDWJZTI: why? Commented [DWJ24]: Is this for revision of the Resort Pla or uy development appliotioa under the Reson Plm? Fomatted: Highlight Commented IDWr25]: Saffcould agree with this chmge. Comm€nteal [DWr26]: Nor clw on this or why it's shted herc. -8- (4) Any preliminarv scope for future development within the Pleasant Harbor MPR is basedshall be consistent with e+thedese+ibCapproved Resort Plan. Other elements. issues. and specific levels of detail mav be included based on information available at the time the Resort Plan develooment application is submitted. Elements noted above may be combined in the BIS SEPA analvsis to reduce duplication and narrow the focus on potentially sienificant adverse environmental impacts. 17.80.060 Revisions to Rcsort Plan. n of sire or s"ope ltq.lt 9..?lgeqqlt H.EIppt=MB& boundary or zone changes within the MPR. shall require a Comprehensive Plan amendment and related zoning action. Such changes are outside the scope ofthe revision processes described below and in JCC 17.80.070 and 17.80.080. The County may approve an amendment to the Comorehensive Plan only if all requilements of the Growth Manaeement Act (Chapter 36.704 RCW) are tulfilled.(2) The Countv shall accept buildine oermits only for oroiects included in and consistent with the Resort Plan. A revision to the existine Resort Plan shall be submitted to the countv for approval prior to the acceptance of any proposal thal is inconsistent with the Resort Plans set forth in this title. Upon aporoval ofa revision. all subsequent development proposals shall be consistent with the revised Resort Plan and develooment rezulations. (3) Proposed revisions to the Resort Plan shall be submitted to the depa*+ni€n+Department of eernmu*i .+rCommunily Ce+el,opmenlDevelopment (DCD) and the DCD director will determine whether the proposal constitutes a major or minor revision. Upon making a determination. the proposed revision shall follow the aporooriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.070 Minorrevisions. qualitv and quantitv mgnitorine as well as for run-off impacts. shall be specified in the for purposes ofthis chapter:(a) Involve no more than a ten l5%oHe{pgrcent ingtglsg=iuh=e=g=vgt?!l.grosE lqwlg systems shall be considered ifnecessarv to ensure that water qualitv and water supply are adeouately protected and impacts to natural resources minimized. Requirements for water (c) Do not alter the boundaries ofthe aoproved olan:(d) Do not propose new uses or uses that modit the recreational nature and intent of the resort. CommenEd IDWJ32]: Reduces the flcxibility of the developr to roke chmge. footage ofthe Resort Planl(b) Will[ravenoaddition@lqrpqp.t=s.qLltrp environment and/or facilities than that addressed in the development planl CommenEd IDWJ30] : Redundant. Commentad [DWr31]: To include a decrme in size or scope? Why would a reduction in sizq scope and scale require a Comp Plu Am€ndment? Perhaps just m amqdment to the Master Ple md DA This should be in sub66ction (2).Commented Whqt's the bsis for this?Commented Comrnented [DWJ35]: This mates sense o fu c setting a smdrd, while "significetly grsref'@ be subjective, but deviaB from the SEPA smdard of Probable signifiot environmental adv6e impffi - CommentCd [DWr36]: Agreed. How would that be detemined md by whom? -9- (2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to. and reviewed b), the Jefferson County depar+menfDepartment of €ommu+itv-Community Comprehensive Plan and other pertinent documents. Those proposals that satisfo the above- referenced criteria shall be deemed a minor plan revision and mav be administratively approved (as a Type 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 aoplication. the written decision. and appeal opportunities shall be provided to all persons or agencies as required by the land use procedures of JCC Title 18. Unified Development Code. Those revisions that do not comply with the provisions contained within this section shall be deemed a major revision. subiect to the provisions outlined in JCC 17.80.080. 17.80.080 Maiorrevisions. Revisions to the Resort Plan that will result in a substantial change to the resort environment beyond those reviewed in previous environmental documents. are considered to be maior revisions and will require application for a revised Resort Plan.(l) €llApplication for a Major Revision to the Resort Plan. An application shall be prepared describins the proposed revision in relation to the approved Resort Plan and providing a framework for review. analysis and mitigation of the revised development activity proposed. The Resort Plan revision proposal shall include the followine information: Comnrented IDWJ37I: Staffmd legal would rcjst rhis. SEIS (a) 6e)---lAn explanation ofwhv strict adherence to the aporoved Resort Plan andDrr"lo@(b) A description ofhowthe revised Resort Plan would further the goals and oolicies set forth in the Comprehensive Plan:(_b) A descriotion of how the Resort Plan revision comolements the existing resort fucilities of the MPR(c) A description of the desien and functional features of the Resort Plan revision. settins out how the revision orovides for unified development. integrated site design and orotection of natural amenities:(d) A listine ofproposed additional uses and/or proposed changes to density and intensitv ofuses within the resort. and a discussion ofhow these changes meet the needs environmental impacts associated with the proposed revision. including an anal),sis of the cumulative impacts ofboth the prooosed revision and the aoproved Resort Plan. and their effects on sunoundine properties and/or oublic facilitiesl(O A description ofhow the proposed Resort Plan revision is inteerated with the overall Pleasant Harbor MPR and any features. such as connections to trail systems, natural systems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPR:(g) A description ofthe intended phasing ofdevelopment orojectsl the SEPA shddd.Commented Fomathd: Number€d + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: I + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" Fomatted: Indent: Left: 0.75" FomatEd: Numbered + Level: 1 + Numbering SVe: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0,5" + Indent at: 1" Commented [DWJ39]: Rejected by legal. Not the County's business Comnrented [DWr40] : of couree. -10- isa (h) Maps. drawings. illustrations. or other materials necessarv to assist in understandins and visualizine the desigr and use ofthe completed proposed development. its facilities and services. and the protection of critical areas:(i) A calculation ofestimated new demands on capital facilities and services and their relationship to the existins resort and MPR demands. includine but not limited to transportation. water. sewer and stormwater facilities; and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are aoplied for. (2) Major Revision Process. Major revisions shall be processed as a hearine examiner decision (Tyoe III). with a required oublic hearing prior to the decision. Public notice ofthe application. the written decision. and appeal ooportunities 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 procedures of JCC Title 18. Unified Development Code. Anv proposed major revision hsd g:y.glyilgqp=l.rqqgS=r=g=U.rg, hgqlCqrj,es,glltrg MPR zo,ng.lhall require a Comprehensive Plan amendment (a Tvpe V countv commissioners decision) prior to any decision on the Resort Plan amendment hnd review by the Countv Plannins Commission and subsequent recommendation to the BOCC who approves all Comprehensive Plan amendmentdni(3) Decision Criteria. The hearine-exs*inerBoaxd of Countv Commissioners may approve a bombir"d rnelqrrgriqiq!=t9-tb9=Bqqqrtltqqg=r=,4 9=q!!p"t9hsl$iy9==Blglt.qq,sr,4tr.,gntpqly=itelttts following criteria are met:(a) The proposed revision would firther the eoals and oolicies set forth in the Comprehensive Plan: ft) NelAdquate SEPA review has been conducted and noluryIiliggIEd pI=gb=qb]=e= simificant 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 infrashucture (includine but not limited to water. sewer. storm water and transportation facilities) imoacts have been fully considered and mitigated:(e) The proposed revision complements the existing resort facilities. meets the needs ofresidents and patrons. and provides for unified develooment. integrated site design, and protection of natural amenities. Commenterl [DWJ41]: For clmty Commented [DWJ42I: Yes, consistot with cunent code. Commented [DfUJ4ilI: BoCC only involved with revision if Comp Plm mendment included. Comnrcnted [DWl44]: What is adequate ud who dsides. Stick with SEPA standed. -l l- Title 18 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only ifthe residential uses are integrated into and support the on-site recreational nafure ofthe resort. (l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fiCItenly existing officially designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions ofJCC Title 17. The master planned resort ofPort Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marin4 resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's intemal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions.(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the second officially desienated master planned resort in the Coun8. The Pleasant Harbor MPR is predominately designed to serve resort and recreation uses and has onl), limited full-time occupancy. The resort is served bv the Brinnon Rural Center. which accommodates LAMIRD- scale commercial uses serving the resort and local population. The master planned resort's intemal reeulations 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. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enty-exis+ing officially designated master planned resorts in the county qgis the Port Ludlow MPRgDdlhe 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 adopted pursuant to RCW 36.704.360 pertainine to new Master Planned Resorts. Designation of any new master plarured resorts pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a Comm€nt€d [Dm45l: Why? Put golf coune back in. -12- formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC I 8.45.080. 18.15.120 Purpose and intent. Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.704.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose ofthis article is to establish a master planned resort land use district to be applied to those properties the board 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.f 5.123 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 of the total resort accommodation units. 3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf courses (including accsssory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature hails, 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 (RV) sites. (5) Visitor-oriented amenities, including, but not limited to: (a) Eating and drinking establishments; O) Meeting facilities; (c) On-site retiail businesses and services which are designed to serve the needs ofthe users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort. (8) Temporary and/or permanent structures to serve as sales offices. (9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent ofthis section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. -13- 18.15.126 Requirements for master planned resorts. An [pplication nt for an MPR project must mee{4g!gg!g[th9fg!!gw!4g ryguirements:(l) Master Plan. A master plan shall be prepared for ttie Mpn to aesCrite ttie proieciana 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 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, andother components are integrated into the project site. (f) A desmiption 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 jwisdiction 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 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 must met Commented [DWJ'l5l : Stick with to t€xt. An appli6t ofthe DA. -14- 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 1 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 ofthe resort master ptan 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 l-168. (5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve 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 36.704.1 10. 18.15.129 Application requirementsand approval process. 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 ofthe master plan shall be prepared to meet the requirements ofJCC 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 $ l] 18.15.132 Decision-makingauthority. (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 desigrate new master planned resort land use districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and l5- 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 criteri4 then the application shall be denied. (l) The master plan is consistent with the requirements of this article and Article VI-D of this chapter (Environmentally Sensitive Areas District (ESA)). (2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline Master Program, and complies with all other applicable sections of this code and all other codes and policies ofthe county. (3) Ifan MPR will be phased" each phase contaios 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 space, 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 nafural features, historic sites, and public views. (7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated. (8) lmprovements 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 l] 18.15.138 Po'r*+{dt€{#MasterPlanned Resort. The Pe**uClerv 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 llDC. fi.ao.ozA Commented ?'t'l -16-