HomeMy WebLinkAbout140David W. Johnson
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David W. Johnson
Friday, June 24, 2016 12:53 PM
Cynthia Koan; Gary Felder; Kevin Coker; Lorna Smith; Mark Jochems; Matt Sircely; Mike
Nilssen; Richard Hull;Tom Giske
David W. Johnson; Philip Morley; David Goldsmith
Required Findings
Planning Commissioners,
ln an effort to help you develop the required findings for your recommendation to the BoCC, I have included them here.
Please read through them, think of a response and be prepared to discuss and deliberated at the next meeting on June
29th. lf vou have anv questions that I can answer before then, please let me know so we can expedite this process.
Thanks !
Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) :
(i)Have circumstances related to the proposed amendment and/or the area in which it is located substantially
changed since the adoption of the Jefferson County Comprehensive Plan?
Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is
new information available which was not considered during the adoption process or any annual
amendments of the Jefferson County Comprehensive Plan?
Does the proposed amendment reflect current, widely held values of the residents of Jefferson County?
(ii)
(iii)
b) JCC 18.45.050(41(b[i) through (aXbXvial lnquiry into the Growth Management lndicators:
Cc
i)ls growth and development as envisioned in the Comprehensive Plan occurring faster or slower than
anticipated, or is it failing to materialize?
Has the capacity of the county to provide adequate services diminished or increased?
ls there sufficient urban land, as designated and zoned to meet projected demand and need?
Are any of the assumptions upon which the plan is based no longer found to be valid?
Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the
Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement?
Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan?
Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the
Countywide Planning Policies for Jefferson County?
ii)
i ii)
iv)
v)
vi)
vii)
c) The Record
1)
2l
3)
4l
s)
6)
ln addition to the guidance provided by GMA, the County-Wide Planning Policies, the Jefferson County Code,
and the Comprehensive Plan, what else is in the record with respect to this proposal?
Can assertions in the record be confirmed by information from other sources?
ls the decision we are about to make based on the record?
Does the decision we are about to make, so faras we know, satisfy legal criteria?
ls the decision we are about to make limited to the specific request at hand?
Are there any additional findings of fact or conclusions of law pertinent to this decision?
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
1
PLEASANT HARBOR MASTER PLANNED RESORT
(Jefferson County Planning Commission Version 2016)
Title 17
MASTER PLANNED RESORTS
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 18 JCC.
17.60.020 Title.
The rezulations 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
rezulations shall be made usins 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
rezulations that comolv with and are consistent rytth tleJeffqrspu County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Master Planned Resort.
17.60.040 Additional requirements.
In addition to the requirements of this title. the provisions of Title 15 and Title l8 of the
Jefferson Countv Code shall applv 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. Bindine
Site Plans. and all subsequent development within the MPR area will be subiect to the approved
and as in the terms and conditions of the
between Jefferson and the Developer.
17.60.050 Applicabilitv.
The provisions of this title shall applv all land use actions and sitins of infrastructure
includine 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 County.
Washington.
I
Title 17. Article I. Port Ludlow MPR
17.60 060 Exemptions.
The followins structures and uses shall be exempt from the rezulations of this title. but
are subiect to all other applicable local. state and federal rezulations includine. but not limited to.
interim cri
proeram. and the State Environmental Policy Act (SEPA).
O) Wires. cables. con ajls, valves, tanks, or other similar equipmen
the distribution to consumers of telephone or other communications. electricity. eas. or water or
the collection of sewage. or surface or subsurface water operated or maintained by a
enti ora or vate utili utilities incl
customary meter pedestals. telephone pedestals. distribution transformers and temporary utility
faqililies required durine buildins construction, r,vhetheranf/ such facilitv is located undereroud
or above-ground: but only when such facilities are located in a street risht-of-way or in an
easement. This exemption shall not include above-ground electrical substations. sewase pump
stations or treatment plants, or potable water storage tanks or facilities, which shaU requ[q
conditional use approval in any zone where permitted:
(2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters. or similar structure or device which is found by the director of community
development to be appropriately located in the public interest:
(3) Minor construction activities, as defined bv the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amended:
(4) Development consistent with the Marina Bindine Site Plan approved bv the Countv prior
to adoption of this chapter.
17.60.070 Pre-existins uses and structures.
Existing leeally.pe@itqd-{eciderltial and non-residential land usgs 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
rezulations or Ordinances.
17.60.080 Enforcement
The enforcement provis n Chapter 18.50 Enforcement of Title 18 of the
Jefferson County Code as currently enacted or as hereafter amended shall apply to any alleged
violation of Title 17. Artisle II. more commonly known as the "Pleasant Harbor MPR Code."
Chapter 17.65 Pleasant Harbor Master Planned Resort Residential Recreatioa and
Commercial Zone MPR-RRC)
17.65.010 Purpose
The MPR-RRC zone allows residential recreational facilities. as well as commercial
amenities and services associated with the resort and surroundins community. It also allows for
the central resort and conference facilities.
1
17.65.020 PermittedUses.
f 1\ Residential rrseq inchrdino sinole-famil and multifamil structures condominiums
townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations.
(2\ Shorttermvisitoraccommodations,constitutine not less than 65Yo of the total residential
units authorized by Ordinance #01-0128-08. includins. but not limited to hotels. motels. lodees.
under subsection I o this
short-term rental. "Short-term rental" shall be construed to mean less than 30 days.
Visitor oriented ameni
facilities: (b) restaurants. cafes, delicatessens,taverns and entertainment associated with
such uses: (c) on-site retail services and businesses typically found in destination resorts and
desigred to serve the convenience needs of users and emolovees of master planned resort: and
(d) recreation business and facilities:
facilities of all kinds not limited
displays of local Native American ties to and uses of the area. art galleries. and indoor or outdoor
theaters:
(5) Indoor and outdoor resort-related recreational facilities. includins but not limited to
tennis courts. swimmins pools. spa services. hiking trails. bicycle paths. ropes courses.
arnnhifheefer qnd nfher recrecfinnal rrses stent with the nature of master nl qnnprl resort
(6) Waste water treatment facilities. includine treahnent plants. capture. storaee and
transmission facilities to serve a rel,rse/recycle program for on-site treatment and use/reuse of
waste water and stormwater:
Public water and related
(8) Public facilities and services as defined in JCC 18.10.160:
utilities(10) Emereency services (fire. police. EMS):
(11) Medical services: and(12\ Other similaruses@nustentl/ithlhe of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Heieht restrictions.
No buildings within the MPR-GR zone shall be erected. enlareed or structurally modified
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. Minimum buildinq setback from State Route 101 is 50 feet.
1Z.6S.OS0 Critica
Areas(l) Critical areas and their buffers within the MPR boundaries shall be identified. delineated
and permanently protectediu accordance with JCC 18.22 and shall be desierated on the official
map of the Pleasant Harbor Master Planned Resort. A buildins setback of 10 feet shall apply to
all desienated buffer areas.
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(2) Sisrificant Tree Retention.
All trees measurine 10" diameter breast hish (dbh) or qreater on the date of bindine site plan
approval shall be located and marked for retention. and measures taken to protect surrounding
soil and roots during site disturbance. Where there is no alternative to rerueyingjuchtee$,
additional trees. such as Douglas Fir or Sitka Spruce at least four years old or four feet in heisht.
shall be planted in buffer areas at a ratio 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 Poinl has threqsuah sealasL aqd s[Arally simificaul&atures inside the MPR
boundaries. Kettles are identified as a type of wetland difficult to replace. 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 Gamble S'Klallam Tribe.
(4) SpecialEnvironmentalProtectionProvisions.
Notwithstandinq all other environmental requirements. the MPR aoproved plan must have
provisions for:
(a) Well-head Protection and Aquifer Recharse Area
Permeable soils on site mean potential contamination of the aquifer could occur from
of fertilizers
herbicides and petroleum products. puttine 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 any discharee
to the aquifer.
(b) An approved oreanic veeetation and site manaeement 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 derrelnnrnenf qnd lcndqr:qnino in fha PHMPR must be locatedwl
constructed. and maintained in such a manner as to provide full protection to the
aquifergnd any on-site or neiehb
water.
(d) No golf course ereens should be constructed over the aquifer recharee area. Site
grading and excavation shall be minimized. as demonstrated by a County reviewed
and approved eradine plan pursuant to JCC 18.30.060 & 070.
(e) Land disturbing activities such as eradine and filline shall be kept to a minimum and
natural contours shall be followed in locatins and desisnine all development features
to protect the natural environmental uniqueness of the site.
(f; Rezular independent water quality testine shall be conducted at specific monitorine
sites to be identified in the Resort Plan to test for saltwater intrusion and toxic
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contamination in local wells that rely on the Black Point sole source aquifer. as well as
lower reaches of the two
and low oxyqen levels.
(h) The owner/developer or assiqrees must provide for all on-site recyclins of material.
includins paper. glass. cardboards. plastics. and compostine of earden waste. food
waste. All compost should be reused on site. The owner/developer or assienees must
provide a written record that landscaping materials purchased and applied onsite.
Prohibited Substances as oublished and periodically updated by USDA National
Orsanic Proeram.
(i) The applicant shall identify wildlife use areas within the site and provide for set-aside
and protection of core wildlife habitat areas and connectine corridors.
O In cooperation and consultation with local tribes. areas shall be set aside and
maintained for the occasional harvestins 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 protection, greenbelt relention and maintenance and establishment
of permanent orotective easements for these resources. as well as the other specific
requirements of Jeffersoa Csunty Ordinance. 01-0128 olthe Board
of County Commissioners Council aoproval for establishment of the Pleasant Harbor
Master Planned Resort.
(l) Any development proposed in the PHMPR shall use the LEED (Leadership in Enersy
and Envirouuental De$s
(m)Anlr development proposed in the PHMPR shall use the International Dark Sky
Association (.IDA) Zone E-1 standards for the MPR in order to limit nieht-time liqht
pollution which may affect residential areas as well as wildlife.
(5) Public Access to Master Planned Resort Amenities.
Allamenitiesandrecreationalresourcesofthed@entoallmembersofthe
public. with the exception of those type of activities pertainine to zuests and residents only such
as access to laundry rooms or internal recreation rooms. TV rooms. etc. Nothing in this section
shall prevent the operator of any recreationalresource from establ tqe !rcharee for the
public's use ofthe recreational resource.
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(g) All development and land disturbance shall protecVavoid all important
culturalftristoric sites that are listed. or elisible 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 Treaty.
Chapter 17.70. Open Space Reserve (MPR-OSR)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide for a natural veeetated buffer area
between the resort activities and the waters of Canal. The MPR-OSR zone shall include a
buffer extendine landward 50 feet as surveyed from the top of the shoreline bluff bank. includins
a 10 foot buildine setback. alone southern boundary of the MPR in accordance with Ordinance
No.0l-0128-08.
17.70.020 Permitted uses.
The followine uses mav be allowed in the buffer and open space areas in the MPR-OSR
zone after review and approval of appropriate critical area reports:
(l) Restoration of existins development intrusions (roads, campsites) to theiraatural pre-
development state: and(2) Passive recreation. includine trails that do not reduce the forest canoov. increase
stormwater discharge, or bluff erosion.
if such installations in
a minimum of disturbance to soils or vegetation.
Chapter 17.75. Marina - Maritime Villase (MPR-MY)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina and maritime the
central support to the marina operations.
17.75.020 Permitted uses.
The followins uses are oermitted in the MPR-MV:(1) Marina and overwater structures as approved throuqh lhoJe@
Master Propram and associated rezulations Chapter 18.25 JCC;
(2) Residential uses including single-famil), and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kinds;
(3) The Marina and Maritime Villaee related upland mixed use. commercial and service
facilities. includine open parking lots. restaurants and shops. as well as marine service facilities.
rnnrina office wachf cluh and recreation faciliti ES qel-\,rl n o the and the I\rferina'recnrf
(4) All over-water buildings and docks shall be constructed so as not impede miqrating fish
and to minimize shadine.(5) Accessorv uses and structures. such as qarases. qarports, storage buildinss and similar
strucfures supporting marina and maritime village uses, fuel service and parking;
(6) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts. swimminq pools. marinas. hiking trails. bicycle paths. ropes courses. game center
and other recrealiolral uses consistent with the nature of master planned resort;
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andve
utilities
1
both above and below for the utiliti
(9) Emereency services (fire. police. EMS):
Public facili and services the MPR-MV
(11) 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 buildines within the MPR-MV zone shall be erected. enlareed or structurally
modified to exceed 35 feet in heieht as measured bv IBC standards. Underpround or imbedded
parking shall not be included in anv heieht calculations
17.75.040 Bulk and setback requirements
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County's Shoreline Master Program as codified under JCC 18.25.
Chapter 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 fufure resort development. and provides
cesses for or or mlnor to the PI
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
percent of the total units. The Pleasant Harbor MPR in total shall have a develooment cao of
56.608 square feet of resort commercial. retail. restaurant and conference space. not includine all
internal open space.
17.80.030 Resort Plan and Development Aereement
The Resort Plan. shall consist of an approved bindine site plaq-racludine monitoring and
operational plans. and an approved Development Aereement for future development of
properties in the Pleasant Harbor MPR. The process for approval of such asreements is
contained in 18.40.820 JCC
17.80.040 Permit process for resort developmeut.
A1 level environmental
development of the Resort Plan is required prior to issuance of buildine permits for any new
resort development.
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(2) Notice of development application and envirourueutalreyiew u!1der SEPAshall bq
provided to all persons or aeencies entitled to notice pursuant to the land use procedures of JCC
Title 18.
(3) Actual buildine permit pl ans or construction drawinss mav not be reouired durins the
SEPA review process. but submitted architectural drawines must contain and demonstrate
sufficieqt details. includinra rletailed site plan, showing approximate elevations, sgctionj;, and
floor plans are required. however. to ensure that the SEPA review process analyzes and
considers project-level details.
The of
denial of some or all of the Resort Plan based on the environmental review and using authority
provided pursuant to the State Environmental Policv Act. Chaoter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit process for resort development.(5) Followine completion of the SEIS. buildine permits mav be issued. followine appropriate
plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only followins completion
freview and of a full resort the A
schedule may be proposed as part of the environmental review or may be developed at a later
date.
17.80.050 Environmental rev t(1) All proiect level appl ications will be Dresumed to meet the threshold for a SEPA
Determination of Sienificance except where the SEPA-responsible official determines that the
application results in onlv minor impacts. Existing environmental review documents mav be
adopted under SEPA if those docume lhe SEPA audjCe resuir@
address environmental impacts and mitigation as set forth in RCW 43.21C.034.(2) The scope of an SEIS prepared under this section shall address environmental issues
identified in the Programuoatic EElSiqsgad November 2007, tosether with cuaLaddtllanal
requirements as a project specific application may raise. The scope shall not change the
standards of approval. however. as set forth in the applicable development agreement and these
development regulations.
(3) The utility element of any subsEuent phase of SEPA review pertainine to the Pleasant
Harbor MPR shall provide information on all affected utility systems. including sewer and water
systems and the results of requ ctiyeqe$ of sus1l monitorine shall be
evaluated. Supplements or chanses to the monitorine and reportine systems shall be considered
if necessary to ensure that water quality and water supply are adequately protected and impacts
to natural resources minimized. Requirements for water quality and quantity monitoring as well
as for run-off impacts shall be specified in the Developer Asreement and in 17.80.030.
4 for future within the Pleasant
consistent with the approved Resort Plan. Other elements. issues. and specific levels of detail
may be included based on information available at the time the Resort Plan development
application is sgbmilled. Elements noted m-binqd in the SEPA analvsis to reduce
duplication and narrow the focus on potentiall), siqnificant adverse environmental impacts.
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17.80.060 Revisions to Resort Plan.
(1) Any proposed reyisron of size or scope to the Pleasant Harbor MPR boundary or zone
chanees within the MPR shall require a Comprehensive Plan amendment and related zoninq
action. Such chanqes are outside the scope of the revision processes described below and in JCC
17.80.070 and 17.80.080. The County may approve an amendment to the Comprehensive Plan
onlv if all requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are fulfilled.
onl for incl ln
with the Resort Plan. A revision to the existine Resort Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistenlwith the Resort Plans set
forth in this title. Upon approval of a revision. all subsequent development proposals shall be
consistent with the revised Resort Plan and development rezulations.
(3) Proposed revisions to the Resort Plan shall be submitted to the Department of
whether the sal
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.(1) Minor Revisions. Resort Plans mav require minor changes to facilities and services in
response to chansine conditions or market. Minor revisions are those that do not result in a
substantial chanee to the intent or pumose of the Resort Plan in effect. A charyrc llhat satisfies
(b) Will have no additional impacts on the environment and/or facilities than that
addressed in the development plan;
(c) Do not alter the boundaries of the approved plan:
(d) Do not propose new uses or uses that modifu the recreational nature and intent of
the resort.(2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to.
the Jefferson of Communi
determine if the revisions are consistent with all of the approved provisions of the Resort Plan
the 2015 FSEIS. the Jefferson Countv Comprehensive Plan and other pertinent documents.
Those proposals that satisfo the above-referenced criteria shall be deemed a minor plan revision
and may be administratively approved (as a Tlpe II decision under the land use procedures of
JCC Title 18. Unified Development Code) by the director of the department of communitlz
development. Public notice of the application. the written decision. and appeal opportunities
shall be provided to all persons or asencies as required by the land use procedures of JCC Jitle
18. Unified Develooment Code. Those revisions that do not compllr with the provisions
contained within this sectioryshall be deeroed a nuaiqtlevision, subiect to the provisions outlined
in JCC 17.80.080.
17.80.080 Maior revisions.
Revisions to the Resort Plan that will result in a substantial change to the resort
including: chanees in use. increase in the intensity of use. or in the size. scale. or densitl/ of
develonmenf ' or e.hanoes whielr mav have additional imnacts on the environment hevnnd fhnce
reviewed in previous environmental are considered to be maior revisions and will
require application for a revised Resort Plan.
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\
(1) Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providinq a
framework for review, analysis and mitigation of the revised development activitv proposed. 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 des of the and functional features of the Resort Plan
setting out how the revision provides for unified development. intesrated site desisn and
of natural amenities
(d) A listine of proposed additional uses and/or proposed chanses to density and
intensity of uses within the resort. and a discussion of how these chanqes meet the needs
residents of the Pleasant Harbor MPR of the(e) A completed SEPA environmental checklist with description and analysis of the
environmental impacts associated with the proposed revision. includine an analvsis of the
cumulative impacts of both the proposed revision and the approved Resort Plan. and their
effects on surroundins properties and/or public facilities:
(0 A description of how the propo sed Resort Plan revision is inteprated with the
overall Pleasant Harbor MPR and any features. such as connections to trail systems.
latural systems or sreenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:
(s) A description of the intended phasine of development projects:
(.h) Maps. drawings. illustrations. or other materials necessary to assist in
understanding and visualizing the desiqn and use of the completed proposed
of critical
(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existins resort and MPR demands. includine but not limited to
water sewer and stormwater facilities and a demonstration that
facilities and services to support the are available or will be available at the
time development permits are applied for.
Mr Process. Mr revisions shall be cessed as a examrner
decision (Tlpe III). with a required public hearine prior to the decision. Public notice of the
application. the required public hearine. the written decision. and appeal opportunities shall be
provided to all persons or aeencies as required by the land use procedures of JCC Chapter 18.40
Article III. Unified Develooment Code. Any proposed major revision also involving a change to
the boundattqs of the MPR zone shall Caaprahensive Plan amendment
county commissioners decision) prior to any on the Resort Plan amendment and review
by the County Plannins Commission and subsequent recommendation to the Board of County
Commissiqllels wha approve all Corup-rehensive Plat alqendlsents.
revision to the Resort
and the Board of County Commissioners may approve any associated Comprehensive Plan
Amendments, or{y r;fulll thefollolulagsaterla are Eqt:(a) The proposed revision would
Comprehensive Plan:
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the soals and oolicies set forth in the
(b) No unmitieated probable sisdficant adverse environmental impacts would be
created by the prooosed revision:
(c) The revision is consistent with all applicable development rezulations. includinq
those established for critical areas:(O 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
of residents and patrons. and provides for unified development. intesrated site desiqn.
and protection of natural amenities.
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Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.704.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only if the residential uses are integrated into and support the on-site
recreational nature ofthe resort.
(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The firslenly 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 masterplanned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
charactenzed by both single-family and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal 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
Pleasant Harbor MPR Pleasant Harbor MPR
planned resort in the County. The Pleasant Harbor MPR is desisnated in accordance with RCW
36.704.360 as a new master planned resort and is subiect to thettqvisions of JCC Title 17ft
Pleasant Harbor MPR is characteized bv resort and recreation facilities and amenities south of
Black Point Road and a marina./Maritime Village and associated housine north of Black Point
resort and recreation uses and has onl
limited full-time occupancv. The resort is served by the Brinnon Rural Center, which
accommodates LAMIRD-scale commercial uses servins the resort and local oopulation. The
master planned resort's intemal rezulations and planning restriclions s@
and restrictions mav 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 onry€rFisting officially designated master planned resorts in the county qq is the Port
Ludlow MPR_and the Pleasant Hffbo , 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 planned resorts
pursuant 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 18.45.080.
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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 of this 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.
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.704.360:
(l) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature of the 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 tennis
courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equeshian 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) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs ofthe users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art 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 of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.704.360.
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
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(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part of the 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
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the fulI 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 of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authoizedby 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:
(a) Permitted uses, densities and intensities of uses, and building sizes;
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(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retail/commercial 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 36.708.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 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.031and WAC 197-ll-164 and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urbanlevel
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.704.110.
18.15.129 Application requirements and approvalprocess.
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:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC
l 8. l s.126(r).
(2) A request for authorization of a 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 $ 1]
18.15.132 Decision-makingauthority.
(1) 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 of county 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.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate 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 sufficient
services such as transportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed 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 preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes 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 $ l]
18.15.138 Per+Ludl,e* Master Planned Resort.
The Pe+{,udls+v Master Planned Resort Code (JCC Title l7), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
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