HomeMy WebLinkAbout129Michelle Farfan
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David W. Johnson <djohnson@cojefferson.wa.us>
Friday, June 17, 2016 1:00 PM
Cynthia Koan; Gary Felder; Kevin Coker; Lorna Smith; Mark Jochems; Matt Sircely; Mike
Nilssen; Richard Hull;Tom Giske
David W. Johnson; Philip Morley
Revised draft regulations
Pleasant Harbor Zoning Code- PC Final Draft version after the-6-15-16 PC mtg.docx
Attached. Please review and comment, Waiting on something from Kevin regarding "large" trees
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465
Mission: To preserve and enhance the quality of lfe in Jefferson County by promoting a vibrant economy,
sound communities and a healthy environment.
$ SnVe PAPER - Pleqse do not print this e-moil unless obsolutely necessory
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ND
PLEASANT HARBOR MASTER PLANNED RESORT
(Jefferson County Planning Commission Version 2016)
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 Authorifv.
This title is adonfed nrrrcuant to Chanters 16 1i and ?6 70A RCW and Tifle I R ICC
17.60.020 Title.
The reeulations set forth in this title shall be known as the "Pleasant Harbor Master
Planned Resort Code" or bv the short title "Pleasant Harbor MPR Code." Citations to these
regulations shall be made using the applicable JCC section number.
17.60.030 Purpose and intenl
The puqrose and intent of the Pleasant Harbor MPR code is to set forth development
regulations that compl), with and are consistent with the Jefferson Countv Comprehensive Plan
for fuhre development within the boundaries of the Pleasant Harbor Master Planned Resort.
17.60.040 Additionalreouirements.
In addition to the requirements of this title the provisions of Title l5 and Title l8 of the
Jeflerson Countv 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 Countv and the Developer.
17.60.050 Aoplicabilitv.
The orovisions of this title shall apply to all land use actions and sitins of infrastructure
including over water or in-water work to be conducted within the boundary of the Pleasant
Harbor Master Planned Resort as depicted on the official land use map for Jefferson Counry.
Washinston.
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17.60 060 Exemptions.
The followins structures and uses shall be exempt from the rezulations of this title. but
are subject to all other applicable local. state and federal regulations including. but not limited to.
the countv buildins ordinance. interim critical areas ordinance. the shoreline management master
orogram. 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. electricity. gas. or water or
the collection of sewage, or surface or subsurface water operated or maintained b), a
governmental entitv or a public or private utility or other coun8 franchised utilities including
customar.y meter pedestals. telephone pedestals. distribution fransformers and temporary utility
facilities required during building construction. whether an), such facilitv is located undereround.
or above-eround: but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground elecfiical substations. sewase pump
stations or heatment plants. or potable water storage tanks or facilities. which shall require
conditional use approval in any zone where permitted:(2) Undereround utility equipment, mailboxes- bus shelters. informational kiosks. oublic
bicycle shelters. or similar structure or device which is found bv the director of communitv
development to be appropriately located in the public interestt(3) Minor construction activities. as defined bv the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amended:(4) Development consistent with the Marina Binding Site Plan approved by the Countv prior
to adoption ofthis chapter.
17.60.070 Pre-exirtine uses and structures.
Existing leeally-permitted 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 18 of the Jefferson County Code and any other applicable
re eulations or Ordinances.
17.60.080 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the
Jefferson Countv Code as currently enacted or as hereafter amended shall apoly to any alleged
violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Chaoter 17.65 Pleasant Harbor Master Planned Resort Residential Recreation and
Commercial Zone (MPR-RRC)
I7.65.010 Puroose.
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 including single-family and multifamilv structures. condominiums.
townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations.(2) Short-term visitor accommodations. constitutine not less than 65%0 ofthe total residential
units authorized by Ordinance #01-0128-08. includine. but not limited to hotels. motels. lodges.
and any residential uses allowed under subsection I ofthis section that are made available for
short-term rental. "Short-term rental" shall be construed to mean less than 30 days.(3) Visitor oriented amenities. includine. but not limited to (a) conference and meetins
facilities: (b) restaurants. cafes. delicatessens. pubs, tavems and entertainment associated with
such uses: (c) on-site retail services and businesses typicall), found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resortl and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds including. but not limited to. interpretative
displavs 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. includins but not limited to
tennis courts. swimmine pools. spa services. hiking hails. bicycle paths. ropes 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/rec),cle program for on-site treatment and use/reuse of
waste water and stormwater:
(7) Public water supply and related facilities:(8) Public facilities and services as deltned in JCC 18.10.160:(9) Utilities supportine the resortt
(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 Communitv Development.
17.65.030 Heiehtrestrictions
No buildings within the MPR-GR zone shall be erected. enlarged or structurally modified
to exceed 35 feet in heieht as measured by IBC standards except with approval ofthe local Fire
Dishict. Undereround or imbedded parkine 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 Critlc ion
Areas(l) Critical areas and their buffers within the MPR boundaries shall be identified delineated
and oermanently protected in accordance with JCC 18.22 and shall be designated on the official
map of the Pleasant Harbor Master Planned Resort. A buildine setback of l0 feet shall aoply to
all desimated buffer areas.
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(2) Significant Tree Retention
All trees measuring 10" diameter breast hish (dbh) or sreater on the date of bindine site olan
aoproval 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 f'laree" Ilig.--ss-s.trqll.bg!l?llted jI =by.f.&T.areq$.il.? r?tio of two trees planted for each
removed. Where feasible. removed trees and their root wads shall be made available for
watershed restoration projects.
(3) Kettles.
A "kettle" is defined as a depression on the land surface left by an ice block after glacial retreat.
Black Point has three such geologic and culturally simificant features inside the MPR
boundaries. Kettles are identified as a tyoe of wetland difficult to reolace. The three kettle sites
on Black Point inside the MPR boundaries shall be preserved. and protected to include buffers as
deemed sufficient per aereement with the Port Garnble S'Klallam Tribe.
(4) SpecialEnvironmentalProtectionProvisions.
Notwithstandins all other environmental reouirements. the MPR approved olan must have
orovisions for:
(a) Well-head Protection and Aguifer Recharge Area
Permeable soils on site mean potential contamination of the aquifer could occur from
improperly directed run-off. spills or other contamination of fertilizers. pesticides.
herbicides and petroleum products. puttins human health at risk as well as fish and
wildlife. An approved plan for directing untreated run-off away from the aquifer and
treating all on-site run-off with current biofiltration standards prior to anlz discharge
to the aquifer.
(b) An approved organic vegetation and site management plan shall be submitted to the
County as part of the overall Master Planned Resort application for review and
approval. or approval with conditions.
(c) All develogment and landscaping within the PHMPR area must be located.
constructed. and maintained in such a manner as to provide full protection to the
aquifer and an), on-site or neighboring wells that rel), on that aquifer for potable
water.
(d) No golfcourse greens should be constructed over the aquifer recharge area. Site
glading and excavation shall be minimized. as demonstrated by a County reviewed
and aporoved grading plan pursuant to JCC I 8.30.060 & 070.
(e) Land disturbine activities such as gradins and filling shall be keot to a minimum and
natural contours shall be followed in locatine and desiming all development features
to protect the nafural environmental uniqueness ofthe site.
(f) Reeular indeoendent water ouali8 testing shall be conducted at specific monitoring
sites to be identified in the Resort Plan to test for saltwater intrusion and toxic
CommenEd [DWJ1]: Wailing for something from Kevin
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contamination in local wells that rely on the Black Point sole source aouifer. as well as
testing in the lower reaches of the two adjoining watersheds for toxic contamination
and low oxyeen levels.
(g) All development and land disturbance shall protecVavoid all important
cultural/historic sites that are listed. or eligible to be listed by State Historic
Preservation Officer or by a local Tribe with jurisdiction. Pursuant to JCC 18.30.160.
the County recoenizes that the area of the MPR is within the ceded area of Tribes that
were parities to the Point No Point Treatv.
(h) The owner/developer or assignees must provide for all on-site recvcline ofmaterial.
including paper. glass. cardboards. plastics. and composting of earden 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 aoplied 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 published and periodicallv updated by USDA National
Organic Prosram.
(i) The applicant shall identiff wildlife use areas within the site and orovide for set-aside
and orotection of core wildlife habitat areas and connecting corridors.
O In cooperation and consultation with local tribes. areas shall be set aside and
maintained for the occasional harvesting of medicinal plants and other plants
important to tribal culture.
(k) All development with the PHMPR must comply with the requirements for buffer
retention- wildlife protectior greenbelt retention and maintenance and establishment
ofpermanent protective easements for these resources. as well as the other specific
requirements of Jefferson County Ordinance. 0l-0128-08. which was part of the Board
of County Commissioners Council aporoval for establishment of the Pleasant Harbor
Master Planned Resort.
(l) Any development proposed in the PHMPR shall use the LEED (Leadership in Energy
and Environmental Desien) sreen buildins ratine system standards.
(m) 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 nieht-time lieht
pollution which may affect neishboring residential areas as well as wildlife.
(5) Public Access to Master Planned Resort Amenities. All amenities and recreational
resources of the development shall be ooen to all members of the oublic. with the exception of
those tvpe ofactivities pertaining to guests and residents only such as access to laundry rooms or
intemal recreation rooms. TV rooms. etc. Nothins in this section shall prevent the operator of
any recreational resource from establishing a fee or charge for the public's use ofthe recreational
resource.
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Chapter 17.70. Ooen Space Reserve (MPR-OSR)
17.70.010 Purpose.
The pumose of the MPR-OSR zone is to provide for a natural veeetated buffer area
between the resort activities and the waters of Hood Canal. The MPR-OSR zone shall include a
buffer extending landward 50 feet as surveyed from the top ofthe shoreline bluffbank. including
a l0 foot buildine setback, alons southern boundary of the MPR in accordance with Ordinance
No.0l-0128-08.
17.70.020 Permitted uses.
The following uses may be allowed in the buffer and open space areas in the MPR-OSR
zone after review and approval of appropriate critical armreports:(l) Restoration of existine development intrusions (roads. campsites) to their natural pre-
development statel and
(2) Passive recreation. including trails that do not reduce the forest canopy. increase
stormwater discharge or bluff erosion.
(3) Educational and interpretive displays and signs may be installed if such installations involve
a minimum of disturbance to soils or vegetation.
Chapter 17.75. Marina - Maritime Villase (MPR-MV)
17.75.010 Puroose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina and maritime village portion of the resort and surrounding communitv. and provides the
cenral support to the marina operations.
17.75.020 Permitteduses.
The followins uses are nermitted in the MPR-MV:(l) Marina and overwater shuctures as approved though the Jefferson Countv Shoreline
Master Proeram and associated regulations Chapter 18.25 JCCI(2) Residential uses including single-family and multifamil), structures. condominiums. time-
share and fractionallv owned accommodations of all kinds:(3) The Marina and Maritime Villaee related upland mixed use. commercial and service
facilities, including open parking lots. restaurants and shops" as well as marine service facilities.
marina office. yacht club and recreation facilities serving the resort and the Marinal
(4) All over-water buildines and docks shall be constructed so as not impede misratins fish and
to minimize shading.(5) Accessory uses and structures. such as garaees. carports. storage buildinss and similar
structures supportins marina and maritime villaqe uses. fuel service and parkine:
(6) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts. swimmine pools. marinas. hiking trails. bicycle paths. ropes courses. game center
and other recreational uses consistent with the nature ofmaster planned resort.:
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(7) Utilities supoorting the resort:(8) Infrastructure and buildines. both above and below sround. for the utilities:(9) Emereenc), services (fire. police. EMS):
Ll0) Public facilities. and services serving the MPR-MV zone:
(l l) Medical services: and(12) Other similar uses consistent with the purpose of the zone and MPR as determined by the
Department of Community Development and consistent with 18.25 JCC.,
17.75.030 Heieht restrictions.
No buildings within the MPR-MV zone shall be erected. enlarged or structurall),
modified to exceed 35 feet in height as measured b), IBC standards. Underground or imbedded
parkine shall not be included in anv heieht calculations.
I7,75.040 Bulk and setback requirements.
There are no yard or setback provisions intemal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County's Shoreline Master Program as codified under JCC I 8.25.
Chapter 17.80. Pleasant Harbor Resort Developmcnt
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 fufure resort development, and provides
orocesses for reviewing major or minor revisions to the Resort Plan, These provisions apply to
all resort and associated develooment within the Pleasant Harbor MPR.
17.80.020 Develonmcnt cap.
The Pleasant Harbor MPR in total shall have a development cap of (intentionally left
blank to be determined bv further consultation with the Port Gamble S'Klallam Tribe) residential
units provided. however. short term visitor accommodation units shall constitute not less than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a develooment cap of
56.608 square feet of resort commercial retail, restaurant and conference space. not including all
intemal open space.
17.80.030 Resort Plan and Development Asreement
The Resort Plarl. shall consist of an approved bindine site plan. includine monitorins and
17.80.040 Permit process for resort development.
Comrnenhd [DWJ2]: 18.40.820 or Anicle XI is the prop€r
sedion for
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(l) A project-level supplemental environmental imoact statement (SEIS) analyzing
development nnCe+-of the Resort Plan is required prior to issuance of building permits for any
new resort development.(2) Notice of development application and environmental review under SEPA shall be
provided to all persons or agencies entitled to notice pursuant to the land use procedures ofJCC
Title 18.
(3) Actual building permit plans or construction drawings may not be required during the
SEPA review process. but submitted architectural drawines must contain and demonstrate
sufficient details. including a detailed site plan. showins approximate elevations. sections. and
floor plans are required. however. to ensure that the SEPA review process anal),zes and
considers project-level details.(4) The department of communiw develooment may imoose mitigating conditions or issue a
denial ofsome or all ofthe Resort Plan based on the environmental review and using authoritv
provided pursuant to the State Environmental Policy Act Chaoter 43.2IC RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permitprocess for resort development.(5) Following completion of the SEIS building permits may be issued following appropriate
plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertaksn in phas€s. but only followine completion
of review and approval of a full resort buildout olan tkoueh the SEIS process. A phasing
schedule may be proposed as part ofthe environmental review or mav be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.
( I ) All project level applications will be presumed to meet the threshold for a SEPA
Determination of Significance exc?t where the SEPA-responsible official determines that the
application results in only minor impacts. Existing environmental review documents may be
adopted under SEPA if those documents meet the SEPA and JCC requirements to adequately
address environmental impacts and mitigation as set forth in RCW 43.21C.034.(2) The scope ofan SEIS preoared under this section shall address environmental issues
identified in the Proerammatic FEIS issued November 2007. together with such additional
requirements as a project soecific application may raise. The scope shall not change the
standards ofaoproval. however. as set forth in the applicable development agreement and these
development regulations.(3) The utility element ofany subsequent phase ofSEPA review pertaining to the Pleasant
Harbor MPR shall provide information on all affected utilitv systems. includins sewer and water
svstems and the results of required monitoring. The effectiveness of such monitorins shall be
evaluated. Suoplements or changes to the monitoring and reporting systems shall be considered
ifnecessary to ensure that water quali(v and water supply are adequately protected and impacts
to natural resources minimized. Requirements for water qualitv and quantity monitoring as well
as for run-off impacts shall be specified in the Developer Aereement and in 17.80.030.(4) Any preliminarv scope for future development within the Pleasant Harbor MPR shall be
consistent with the approved Resort Plan. Other elements, issues. and soecific levels of detail
may be included based on information available at the time the Resort Plan development
apolication is submitted. Elements noted above may be combined in the SEPA analysis to reduce
duplication and narow the focus on potentially significant adverse environmental imoacts.
-8-
17.80.060 Revisions to Resort Plan.(l) Any proposed revision ofsize or scope to the Pleasant Harbor MPR boundary or zone
changes within the MPR. shall require a Comprehensive Plan amendment and related zoning
action. Such changes are outside the scooe ofthe revision orocesses described below and in JCC
17.80.070 and 17.80.080. The County may approve an amendment to the Comprehensive Plan
only if all requirements of the Gro$th Management Act (Chapter 36.704 RCW) are fulfilled.(2) The Coun8 shall accept buildingpermits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance ofanv proposal that is inconsistent with the Resort Plans set
forth in this title. Upon aporoval ofa revision. all subseouent development proposals shall be
consistent with the revised Resort Plan and development regulations.(3) Proposed revisions to the Resort Plan shall be submitted to the Deoartment of
Communit-v Development (DCD) and the DCD director will determine whether the oroposal
constitutes a maior or minor revision. Upon making a determination the proposed revision shall
follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.(l) Minor Revisions. Resort Plans may require minor changes to facilities and services in
response to chaneine conditions or market. Minor revisions are those that do not result in a
substantial change to the intent or purpose ofthe Resort Plan in effect. A change that satisfies
the followins criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve no more than a ten 5olo percent increase in the overall gross square
footage ofthe Resort Plan:
(b) Will have no additional impacts on the environment and/or facilities than that
addressed in the development planl(c) Do not alter the boundaries ofthe approved planl
(d) Do not propose new uses or uses that modit the recreational nature and intent of
the resort.(2) Minor Revision Aoproval Process. Applications for minor revisions shall be submitted to.
and reviewed by the Jefferson County Deoartment of Community Development (DCD) to
determine ifthe revisions are consistent with all ofthe approved provisions ofthe Resort Plan
the 20 I 5 FSEIS. the Jefferson County Comprehensive Plan and other pertinent documents.
Those oroposals &at satisfu 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 18. Unified Development Code) by the director of the department of community
development. Public notice ofthe application. the written decision. and aopeal opportunities
shall be provided to all persons or aeencies as required by the land use procedures ofJCC Title
18. Unified Develooment Code. Those revisions that do not comply with the provisions
contained within this section shall be deemed a major revision. subject to the orovisions outlined
in JCC 17.80.080.
17.80.080 Maior revisions.
Revisions to the Resort Plan that will result in a substantial chanee to the resort
including: chanees in use. increase in the intensitv of use. or in the sLe. scale. or densitv of
developmentl or changes which ma), have additional impacts on the environment bevond those
-9-
reviewed in previous environmental documents. are considered to be major revisions and will
reouire application for a revised Resort Plan.
( l) Application for a Maior Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and
providing a framework for review. anal),sis and mitigation of the revised development
activity oroposed. The Resort Plan revision proposal shall include the followine
information:
(a) A description of how the revised Resort Plan would further the eoals and policies
set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision complements the existine resort
facilities of the MPR:(c) A description ofthe design and functional features ofthe Resort Plan revision.
setting out how the revision provides for unified development. inteerated site design and
protection of nafural amenitiesl(d) A listing ofprooosed additional uses and/or proposed changes to densi8 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 patrons of the resort:
(e) A completed SEPA environmental checklist with description and analysis of the
environmental impacts associated with the proposed revision. including an analysis of the
cumulative impacts ofboth the proposed revision and the approved Resort Plan. and their
effects on surrounding properties and/or public facilities:(fl A description ofhow the oroposed Resort Plan revision is intesrated with the
overall Pleasant Harbor MPR and an), features. such as connections to hail systems.
natural systems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:(e) A description ofthe intended phasing ofdevelopment projectsl
(h) Maps. drawings. illustrations. or other materials necessary to assist in
turderstanding and visualizine the desien and use ofthe completed oroposed
development. its facilities and services. and the protection of critical areas:(i) A calculation of estimakd new demands on capital facilities and services and
their relationship to the existins resort and MPR demands. including but not limited to
transportation. water. sewer and stormwater facilities: and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time develooment permits are apolied for.(2) Major Revision Process. Major revisions shall be processed as a hearine examiner
decision (Tvoe III). with arequired public hearing prior to the decision. Public notice ofthe
application. the required public hearing. the written decision. and aopeal opoortunities shall be
provided to all persons or asencies as required by the land use procedures of JCC Chapter I 8.40
Article III. Unihed Development Code. Any proposed major revision also involving a change to
the boundaries of the MPR zone shall require a Comorehensive Plan amendment (a Tyoe V
county commissioners decision) prior to anv decision on the Resort Plan amendment and review
by the Countv Planning Commission and subsequent recommendation to the Board of County
Commissioners who approve all Comprehensive Plan amendments.
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(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan.
and the Board of Coutv Commissioners may approve any associated Comprehensive Plan
Amendments. only if all the following criteria are met:
(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan:(b) No unmitieated probable sisnificant 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
mitieated:(e) The proposed revision complements the existing resort facilities. meets the needs
ofresidents and oatrons. and provides for unified development. intesrated site design.
and protection of natural amenities.
\
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Title l8
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.704.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a rzurge of indoor and outdoor recreational facilities within the
property boundaries in a setting of sigaificant natural amenities. A resort may include other
residential uses, but only ifthe residential uses are integrate.d into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The lfgtenly 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 att€ndant 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 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 designated master olanned resort in the Countv. The Pleasant Harbor MPR is
desimated in accordance with RCW 36.704.360 as a new master planned resort and is subject to
the provisions of JCC Title 17. The Pleasant Harbor MPR is characterized by resort and
recreation facilities and amenities south of Black Point Road and a marina,/Maritime Villaee and
associated housins north of Black Point Road. The resort is predominately desimed 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 servins the resort
and local population. The master planned resort's internal reeulations and plannins restrictions
such as codes, covenants and restrictions may be more restrictive than the requirements in JCC
Title I 7. 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 snly-ertis+ing officially designated master planned resort_S in the county Algis the Port
Ludlow MPR and the Pleasant Harb , 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 oursuant to RCW 36.704.360
pertaining to new Master Planned Resorts. Designation of any new master planned resorts
pusuant to RCW 36.70A.360 requires compliance with the provisions of this article and a
formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC I 8.45.080.
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18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural communities. The
purpose 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.
f8.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 zre 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 anduses, including, but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent
with the on-site recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) 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 galloies, 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.
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18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(l) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will athact
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part ofthe resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
ofthe resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(0 A description ofthe environmentally sensitive areas ofthe project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description ofhow the MPR relates to surrounding properties, and how its
desigr 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
conculrency 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 suffrcient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and
RCW 36.708.170, the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned
resort, which may include, but are not limited to:
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(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 43.21C 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 ofChapter 18.15 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. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-ll-164 and 197-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 fte boundaries of a master planned resorl except in areas otherwise
designated as urban growth axeas in compliance with RCW 36.704.110.
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:
( I ) A draft of the master plan shall be prepared to meet the requirements of JCC
r 8. l 5.126(r).(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 Ageements).(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meet the requirement of JCC 18.15.126(3) afi 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
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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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 Dishict (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 contains adequale infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate open space, and suffrcient
services such as hansportation 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 zuch services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservafion ofnatural features, historic
sites, and public views.
(7) All on-site and off-site infrastnrcture and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a maruler as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The masterplan establishes location-speciftc 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 $ l]
18.15.138 Pe+t+udlerv Master Planned Resort.
The Pe+tudlow 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.
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Permits - Document Type
Eagle Management Plan
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