HomeMy WebLinkAbout141Michelle Farfan
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Sent:
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Subject:
Attachments:
David W. Johnson <djohnson@cojefferson,wa,us>
Friday, June 24, 2016 1:04 PM
Phil Best; Sarah Martin
'Carol Morris'; 'Rebeccamars'; David W. Johnson
RE: Pleasant Harbor - Master Planned Resort
Pleasant Harbor Zoning Code_ PC Final Draft version after the_6-15-16 PC mtg.docx
Attached is the draft version the Planning Commission decided on. lt has not been finalized by the Planning Commission,
and is not the final version the County will be "acting on."
From: Phil Best Imailto:pblaw@wavecable.com]
Sent: Thursday, June 23,2016 5:08 PM
To: David W. Johnson <djohnson@co.jefferson.wa.us>; Sarah Martin <smartin@co.jefferson.wa.us>
Cc: 'Carol Morris' <carol_a_morris@msn.com>; 'Rebeccamars' <rebeccamars@gmail.com>
Subject: Pleasant Harbor - Master Planned Resort
Greetings,
Please send me (as an attachment to your email reply to this email), at your earliest convenience, a copy of
the proposed development regulations (JCC Title 17 and Title 18) that Jefferson County will be acting on
regarding the proposed Master Planned Resort at Pleasant Harbor. We are preparing comments, and there
are several versions in cyberspace, so I want to make sure we are responding to the most current and official
proposals.
Thank you,
Phil Best
1
PLEASANT IIARBOR MASTER PLANNED RESORT
(Jefferson County Planning Commission Version 2016)
Title 17
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)
Chaoter 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 Tirle.
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 apolicable JCC section number.
17.60.030 Puroose and intenl
The puroose and intent ofthe Pleasant Harbor MPR code is to set forth development
reeulations that comoly with and are consistent with the Jefferson Countv 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 CounU 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. Bindins
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 County and the Developer.
17.60.050 Aoplicabilitv.
The provisions ofthis title shall aoply to all land use actions and sitine ofinfrastructure
includins over water or in-water work to be conducted within the bounda{y of the Pleasant
Harbor Master Planned Resort as depicted on the official land use map for Jefferson County.
Washineton.
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17.60 060 Exemptions.
The following stmctures and uses shall be exempt from the regulations of this title, but
are subiect to all other applicable local. state and federal regulations including. but not limited to.
the county buildine ordinance. interim critical areas ordinance, the shoreline manaeement master
proeram. and the State Environmental Policv 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. electriciU. gas. or water or
the collection of sewage. or surface or subsurface water operated or maintained by a
governmental entit_v or a public or private utility or other countv franchised utilities including
customarv meter pedestals. telephone pedestals. distribution fransformers and temporary utility
facilities required during building construction. whether any such facility is located underqround.
or above-ground: 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 treatment plants. or ootable water storase tanks or facilities. which shall require
conditional use approval in anv zone where permitted:
(2) Undereround utilitv equipment. mailboxes. bus shelters. informational kiosks. oublic
bicycle shelters. or similar structure or device which is found bv the director of community
development to be appropriately 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 Binding Site Plan aporoved bv the County prior
to adoption ofthis chapter.
17.60.070 Pre-existins uses and structures.
Existing legally-permiffed residential and non-residential land uses and structures in all
zones of the Master Planned Resort are lawful uses and mav be continued in a manner consistent
with state law. Titles 15 and 18 of the Jefferson Countv Code and anv other applicable
regulations or Ordinances.
17.60.080 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 alleeed
violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Chaoter 17.65 Pleasant Earbor Master Planned Resort Residential Recreation and
Commercial Zone (MPR-RRC)
17.65.010 Purpose.
The MPR-RRC zone allows residential and reqeational facilities. as well as commercial
amenities and services associated with the resort and surroundine communitv. It also allows for
the cenhal resort and conference facilities.
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17.65.020 Permitted Uses.(l) Residential uses includine sinele-family and multifamily structures. condominiums.
townhouses. apartments. lofts. villas. time-share and other fractionallv owned accommodations.
(2) Short-term visitor accommodations. constituting not less than 650lo of the total residential
units authorized by Ordinance #01-0128-08. includine. but not limited to hotels. motels. lodees.
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 meetine
facilities: (b) restaurants. cafes, delicatessens. pubs. tavems and entertainment associated with
such uses: (c) on-site retail services and businesses tvpically found in destination resorts and
desigred to serve the convenience needs ofusers and employees ofmaster planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds including. but not limited to. interpretative
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. including but not limited to
tennis courts, swimming pools. spa services. hiking trails. bicycle paths. ropes courses.
amphitheater. and other recreational uses consistent with the nature of master planned resort:
(6) Waste water featment facilities. including treatment plants. caoture. storage and
transmission facilities to serve a reuse/rec),cle program for on-site heatment and use/reuse of
waste water and stormwater:(7) Public water supplv and related facilities:(8) Public facilities and services as defined in JCC I 8. 10. I 60:(9) Utilities supporting the resort:(10) Emergency services (fire. police. EMS):
(l l) Medical services: and(12) Other similar uses consistent with the puroose of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Heieht rcstrictions.
No buildines within the MPR-GR zone shall be erected. enlarged or shucturally modified
to exceed 35 feet in heieht as measured by IBC standards except with approval ofthe local Fire
District. Undereround or imbedded parking shall not be included in any heieht calculations.
17.65.040 Bulk and setback requirements.
All shuctures 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 iou
Areas(l) Critical areas and their buffers within the MPR boundaries shall be identified delineated
and permanently protected in accordance with JCC I 8.22 and shall be designated on the official
map of the Pleasant Harbor Master Planned Resort. A buildins setback of l0 feet shall apply to
all designated buffer areas.
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(2) Significant Tree Retention
All trees measuring 10" diameter breast hieh (dbh) or qreater on the date of binding site olan
approval shall be located and marked for retention. and measures taken to protect surrounding
soil and roots durine site disturbance. Where there is no alternative to removing such fees.
additionali'laree" Ltggl.s[a=l=l=bSplgt]Ied in buffer.qeaq q!.q=fC!g pf two nees planled fqr eqS.h
removed. Where feasible. removed trees and their root wads shall be made available for
watershed restoration Drojects.
(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 eeoloeic and culturallv sienificant features 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.
Notwithstanding all other environmental reouirements. the MPR approved plan must have
provisions for:
(a) Well-head Protection and Aquifer Recharee 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 oetroleum products. putting 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 curent biofiltration standards prior to any discharge
to the aquifer.
(b) An aporoved organic veSptation and site management plan shall be submitted to the
County as part of the overall Master Planned Resort application for review and
approval. or aporoval with conditions.
(c) All development and landscaping within the PHMPR area must be located.
constructed. and maintained in such a manner as to provide full protection to the
aouifer and any on-site or neighboring wells that rely on that aquifer for potable
water.
(d) No golfcourse gneens should be constructed over the aquifer recharge area. Site
grading and excavation shall be minimized. as demonstrated by a Countv reviewed
and aoproved gradine plan pursuant to JCC I 8.30.060 & 070.
(e) Land disturbing activities such as grading and filline shall be kept to a minimum and
natural contours shall be followed in locating and desimine all develooment features
to protect the natural environmental uniqueness ofthe site.
(f) Resular independent water quality testing shall be conducted at specific monitorine
sites to be identified in the Resort Plan to test for saltwater intrusion and toxic
Commented IDWJ1]: Waiting for something from Kevin
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contamination in local wells that rely on the Black Point sole source aquifer. as well as
testine in the lower reaches of the two adjoining watersheds for toxic contamination
and low oxvgen levels.
(g) All development and land disturbance shall protecVavoid all important
culturaUhistoric sites that are listed. or eligible to be listed by State Historic
Preservation Officer or by a local Tribe with iurisdiction. Pursuant to JCC 18.30.160.
the Countv recomizes that the area of the MPR is within the ceded area of Tribes that
were parities to the Point No Point Treaty.
(h) The owner/develooer or assimees must provide for all on-site recvcline of material.
includine paper. elass. cardboards. plastics. and compostins ofearden waste. food
waste. All comoost should be reused on site. The owner/developer or assignees must
orovide a written record that landscaping materials purchased and applied onsite.
including those applied as compost feedstocks. and oest controls are within the
parameters and use restrictions set forth by the National List of Allowed and
Prohibited Substances as oublished and periodically updated by USDA National
Orsanic Program.
(i) The applicant shall identifu wildlife use areas within the site and provide for set-aside
and protection ofcore wildlife habitat areas and connecting corridors.
O In cooperation and consultation with local tribes. areas shall be set aside and
maintained for the occasional harvestine of medicinal plaflts and other plants
important to tribal culture.
(k) All develooment with the PHMPR must comply with the requirements for buffer
retention wildlife protection Ereenbelt retention and maintenance and establishment
ofoermanent 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 Countv Commissioners Council approval for establishment of the Pleasant Harbor
Master Planned Resort.
(l) Any development proposed in the PHMPR shall use the LEED (Leadership in Energv
and Environmental Design) Breen building rating system standards.
(m) Any development proposed in the PHMPR shall use the Intemational Dark Sk),
Association (lDA) Zone E-l standards for the MPR in order to limit night-time lisht
pollution which may affect neighborine 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 public. with the exception of
those Epe 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 orevent 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. Open Space Reserve (MPR-OSR)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide for a natural vegetated buffer area
berween 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. along southern boundary of the MPR in accordance with Ordinance
No. 0l-0128-08.
17.70.020 Permitteduses.
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 area reports:(l) Restoration ofexistins development intrusions (roads. campsites) to their natural ore-
development statel and
(2) Passive recreation. including trails that do not redi.rce the forest canopy, increase
stormwater discharge or bluff erosion.
(3) Educational and interpretive disolays and signs may be installed ifsuch installations involve
a minimum of disturbance to soils or vegetation.
Chapter 17.75. Marina - Maritime Villaqe (MPR-MV)
17.75.010 Puroose.
The MPR-MV zone orovides mixed use amenities and services associated with the
marina and maritime village portion of the resort and surroundins community. and provides the
cenhal support to the marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:
(l) Marina and overwater structures as approved throush the Jefferson County Shoreline
Master Proqram and associated reeulations Chapter 18.25 JCC:(2) Residential uses including single-family 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. 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 Marina:
(4) All over-water buildings and docks shall be constructed so as not impede mieratine fish and
to minimize shading.(5) Accessory uses and structures. such as garaees, carports. storage buildings and similar
structures 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. swimming pools. marinas. hikine trails. bicvcle paths. rooes courses. game center
and other recreational uses consistent with the nature ofmaster planned resort.:
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(7) Utilities supporting the resort:(8) Inllastructure and buildines. both above and below qround. for the utilities:(9) Emergency services (fire. police. EMS):(10) Public facilities. and services serving the MPR-MV zone:
(l l) Medical servicesl 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 Heiqhtrestrictions.
No buildings within the MPR-MV zone shall be erected enlarged or structurally
modified to exceed 35 feet in heieht as measured by IBC standards. Underqround or imbedded
parkins shall not be included in any height calculations.
17.75.040 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 comoly with the setback requirements of the
Countv's Shoreline Master Proeram 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
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Developmentcan.
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 development cap of
56.608 square feet ofresort commercial. retail. restaurant and conference space. not including all
intemal open soace.
17.80.030 Resort Plan and Development Agreement
The Resort Plan shall consist of an approved bindins site plan. including monitorine and
17.80.040 Permit process for resort development,
C.omrn€nEd [DW,2I: 18.40.820 or Article )o is the proper
saion for proccsing Deveiopmmt Agr@ments.
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(l) A project-level suoplemental environmental impact statement (.SEIS) anal),zing
development r*$derof the Resort Plan is required prior to issuance of buildins permits for any
new resort development.
(2) Notice of development application and environmental review under SEPA shall be
provided to all oersons or asencies entitled to notice pursuant to the land use procedures of JCC
Title 18.(3) Actual building permit plans or construction drawings mav not be required during the
SEPA review process. but submiffed architectural drawings must contain and demonstrate
sufficient details. includins a detailed site plan. showine aoproximate elevations, sections. and
floor plans are required. however. to ensure that the SEPA review orocess analyzes and
considers project-level details.(4) The department of communitv development mav imoose mitigating conditions or issue a
denial ofsome or all ofthe Resort Plan based on the environmental review and using authority
orovided pursuant to the State Environmental Policy Act Chapter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit orocess for resort development.(5) Following completion of the SEIS building permits may be issued following appropriate
plan review. for projects analvzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only followine completion
of review and aoproval of a full resort buildout plan throug*r the SEIS process. A phasing
schedule may be proposed as oart offie environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan develooment.
( I ) All oroject level applications will be oresumed to meet the threshold for a SEPA
Determination of Significance except where the SEPA-responsible official determines that the
application results in only minor impacts. Existins environmental review documents may be
adopted under SEPA ifthose documents meet the SEPA and JCC requirements to adequately
address environmental impasts and mitigation as set forth in RCW 43.21C.034.(2) The scope ofan SEIS prepared under this section shall address environmental issues
identified in the Proqrammatic FEIS issued November 2007. toeether with such additional
requirements as a project specific aoplication mav raise. The scope shall not change the
standards ofapproval. however. as set forth in the applicable development agreement and these
development regulations.(3) The utilitv element ofany subsequent phase ofSEPA review pertainine to the Pleasant
Harbor MPR shall provide information on all affected utility svstems. including sewer and water
systems and the results of reouired monitoring. The effectiveness of such monitorine shall be
evaluated. Supplements or changes to the monitoring and reoorting systems shall be considered
ifnecessar.v to ensure that water quality and water supply are adequately protected and impacts
to natural resources minimized. Requirements for water ouality and quantity monitorine as well
as for run-off impacts shall be specified in the Developer Agreement and in 17.80.030.(4) Any preliminary scope for future development within the Pleasant Harbor MPR shall be
consistent with the aoproved Resort Plan. Other elements. issues. and specific levels of detail
may be included based on information available at the time the Resort Plan development
application is submitted. Elements noted above may be combined in the SEPA analysis to reduce
duplication and narrow the focus on potentially simificant adverse environmental imoacts.
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17.80.060 Revisions to Resort Plan.(l) Any prooosed revision ofsize or scooe to the Pleasant Harbor MPR boundary or zone
changes within the MPR. shall require a Comprehensive Plan amendment and related zonins
action. Such changes are outside the scope ofthe revision processes described below and in JCC
17.80.070 and 17.80.080. The Countv may approve an amendment to the Comorehensive Plan
only if all requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.(2) The Countv shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existine Resort Plan shall be submitted to the countv for
approval prior to the acceptance ofany proposal that is inconsistent with the Resort Plans set
forth in this title. Upon aoproval of a revision. all subsequent 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 Department of
Communitv Development (DCD) and the DCD director will determine whether the prooosal
constitutes a maior or minor revision. Upon making a determination. the proBosed revision shall
follow the appropriate process for olan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.(l) Minor Revisions. Resort Plans ma), require minor changes to facilities and services in
response to changing conditions or market. Minor revisions are those that do not result in a
substantial chanqe to the intent or puroose of the Resort Plan in effect. A chanee that satisfies
the followins criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve no more than a five (57o) percent increase in the overall gross square
footase of the Resort Plan:(b) Will have no additional impacts on the environment and/or facilities than that
addressed in the development plan:(c) Do not alter the boundaries ofthe 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.
and reviewed by the Jefferson Countv Department of Communitv Development (DCD) to
determine if the revisions are consistent with all of the approved provisions of the Resort Plan
the 2015 FSEIS, the Jefferson County Comprehensive Plan and other pertinent documents.
Those proposals that satisft 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 appeal opportunities
shall be provided to all persons or agencies as required by the land use procedures ofJCC Title
18, Unified Development Code. Those revisions that do not comply with the provisions
contained within this section shall be deemed a major revision. subject to the provisions outlined
in iCC 17.80.080.
17.80.080 Maior revisions.
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Revisions to the Resort Plan that will result in a substantial change to the resort
including: chanees in use. increase in the intensitv ofuse, or in the size. scale. or density of
development: or changes which may have additional impacts on the environment beyond those
reviewed in orevious environmental documents. are considered to be major revisions and will
require application for a revised Resort Plan.
( I ) Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the oroposed revision in relation to the approved Resort Plan and
orovidine a framework for review. analvsis and mitigation of the revised develooment
activity proposed. The Resort Plan revision proposal shall include the followine
information:
(a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision comolements the existine resort
facilities of the MPR:
(c) A description of the design and functional features of the Resort Plan revision.
settins out how the revision provides for rmified development. inteErated site desien and
protection of natural amenitiesl(d) A listing ofproposed additional uses and/or proposed changes to densit_y and
intensitv ofuses within the resorl and a discussion ofhow these chanses meet the needs
ofresidents ofthe Pleasant Harbor MPR and patrons ofthe resort:(e) A completed SEPA environmental checklist with descriotion and analysis of the
environmental impacts associated with the proposed revision. includine an analysis of the
cumulative impacts of both the proposed revision and the approved Resort Plan. and their
effects on surounding oroperties and/or public facilities:(fl A description ofhow the proposed Resort Plan revision is inteerated with the
overall Pleasant Harbor MPR and any features. such as connections to trail systems.
natural svstems or greenbelts. that have been established to retain and enhance the
character ofthe resort and the overall MPR:(g) A descriotion ofthe intended phasing ofdevelooment projects:(h) Maos. drawings. illustrations. or other materials necessary to assist in
understanding and visualizine the desien and use ofthe comoleted proposed
development. its facilities and services, and the protection of critical areasl
(i) A calculation ofestimated new demands on canital facilities and services and
their relationshio to the existine 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. Maior revisions shall be processed as a hearins examiner
decision (Type III). with a required public hearins prior to the decision. Public notice ofthe
application. the required public hearing. the written decision. and appeal opportunities shall be
provided to all persons or aeencies as required by the land use procedures of JCC Chapter I 8.40
Article III. Unified Develooment Code. Any oroposed major revision also involving a change to
the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Tlrre V
countv commissioners decision) orior to any decision on the Resort Plan amendment and review
-t0-
by the County Plannine Commission and subsequent recommendation to the Board of County
Commissioners who approve all Comprehensive Plan amendments.(3) Decision Criteria. The hearine examiner may approve a maior revision to the Resort Plan.
and the Board of County Commissioners mav aporove 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 significant adverse environmental impacts would be
created bv the proposed revisionl(c) The revision is consistent with all applicable development regulations. including
those established for critical areas:(d) On-site and off-site infrastructure (includine but not limited to water. sewer.
storm water and transportation facilities) impacts have been fully considered and
mitigated:(e) The proposed revision complements the existine resort facilities. meets the needs
ofresidents and patrons. and orovides for unified development. inteerated site design,
and orotection of nafural amenities.
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Title l8
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.70,4,.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only ifthe residential uses are integrated into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifst_enly existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A34 as an existing mastet 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 officiallv designated master planned resort in the Count-v. The Pleasant Harbor MPR is
designated in accordance with RCW 36.704.360 as a new master planned resort and is subject to
the provisions of JCC Title 17. The Pleasant Harbor MPR is characterized by resort and
recreation facilities and amenities south of Black Point Road and a marina./Maritime Village and
associated housing north ofBlack Point Road. The resort is predominately designed to serve
resort and recreation uses and has only limited full-time occupancv. The resort is served by the
Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses serving the resort
and local oopulation. The masterplanned resort's internal reeulations and plannine restrictions
such as codes, covenants and restrictions may be more restrictive than the requirements in JCC
Title 17. However. Iefferson Coun(v 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 enly-€xis+in€ officially designated master planned resorts in the county g1q is the Port
Ludlow MPRaudihq 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
oertaining to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.704.360 requires compliance with the provisions of this article and a
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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f8.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range 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 diversihcation and benefits to rural communities. The
purpose ofthis article is to establish a master planned resort land use district to be applied to
those properties the board ofcounty commissioners determines 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 ofthe master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent ofthe total resort
accommodation units.
3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf
courses (including accessory sfuctures 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 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 galleries, food stores, real estate/property management offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and
outdoor eguipment 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 36.704.360.
18.15.126 Requirements for master planned resorts.
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An applicant for an MPR project must meet the following requirements:
(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 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 nuudmum 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 scnsitive areas ofthe project and the
measures that will be ernployed 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 axrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(D A description ofthe intended phasing ofdevelopment ofthe project ifany. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity 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 tlrough 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
(f) Other development standards including those identified in JCC 18.40.840 and
RCW 36.708.r70(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements ofICC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and
JCC I 8.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development 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 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 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. r26(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 $ ll
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 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 deve lop 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 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 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 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 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 preservation ofnatural features, historic
sites, and public views.
(7) All on-site and off-site in&astructure 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 beffer 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 PerlLudlorv Master Planned Resort.
The Per+tudlerv 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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