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HomeMy WebLinkAbout142David W. Johnson From: Sent: To: Subject: Attachments: cynthiakoan@gmail. com on behalf of Cynthia Koan <cynthia. koan@g mail. com> Friday, June 24, 20161:52 PM David W. Johnson; Lorna Smith; David Goldsmith Re: My draft reg edits, mostly typographical CK edits - Pleasant Harbor Zoning Code_ PC Final Draft version after the_6-15-16 PC mtg.docx And with the attachment. Cynthia Koan Computer Coach and Technician Voice: 360-385-4234 Scheduling: www.schedulecynthia.com On Fri, Jrxr24,20l6 at l:46 PM, Cynthia Koan <cynthia.koan@gmail@ wrote: Hi David, I've gone through all three copies of the draft regulations for the PHMPR that I have from our public meet review process and have found only minor edits for the most part. Please see tracked changes and notes. Let me know if you have questions. Cynthia 1 PLEASANT HARBOR MASTER PLANNED RESORT (Jcfferson County Planning Commission Version 2016) Title 17 MASTER PLANNED RESORTS Titlp 17. Article I. Port Ludlow MPR Chapters 17.05-17.50 No change Chapter 17.60. General Provisions I7.60.010 Authoritv. 17.60.020 Title. I7.60.050 Applicabilitv. The provisions of this title shall apply to all land use actions and sitins of infrastructure includins over water or in-water work to be conducted within the boundarv of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson Countv. Washington. reeulations shall be made usine the aoplicable JCC section number. 17.60.030 Purpose and intent. The purpose and intent of the Pleasant Harbor MPR code is to set forth development 17.60.040 Additionalrequirements. between Jefferson Countv and the Developer. -l- 17.65.020 PermittedUses. ( I ) Residential uses includine sinsle-familv and multifamilv structures. condominiums. townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations.(2) Short-term visitor accommodations. constitutine not less than 65010 of the total residential unis authorized by Ordinance #01-0128-08. includine. but not limited to hotels, motels. lodees. and anv 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 davs. (3) Visitor oriented amenities. includins. but not limited to (a) conference and meetine facilities: (b) restaurants. cafes. delicatessens. pubs. taverns and entertainment associated with such uses: (c) on-site retail services and businesses tvpicallv found in destination resorts and desisned to serve the convenience needs ofusers and emoloyees ofmaster olanned resort: and (d) recreation business and facilities:(4) Cultural and educational facilities of all kinds includine. but not limited to. interpretative disolays of local Native American ties to and uses of the area. art salleries. and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimmine pools. spa services. hikins trails. bicvcle paths. ropes courses. amphitheater and other recreational uses consistent with the nature of master olanned resort:(6) Waste water treatment facilities. includine treatment plants. capture. storaqe and transmission facilities to serve a reuse/recycle proeram for on-site treatment and use/reuse of waste water and stormwater:(7) Public water supply and related facilities:(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supoortine the resort: ( l0) Emereencv services (fire. police. EMS): (l I ) Medical services: and ( I 2) Other similar uses consistent with the purpose of this zone and MPR as determined bv the Department of Communitv Develooment. 17.65.030 Heiehtrestrictions. No buildines within the MPR-GR zone shall be erected, enlareed or structurallv modified to exceed 35 feet in heieht as measured bv IBC standards except with approval of the local Fire District. Undereround or imbedded parkine shall notbe included in any heiqht calculations. 17.65.040 Bulk and setback requirements. ;{ll structures shall be set back at least 40 feet from Master Planned Resort boundary Iines and adiacent MPR zones for buildinss over 50 feet. iM inimum buildine setback from State Route 101 is 50 feet. t Z.6S.OSO Crltica ion Areas ( I ) Critical areas and their buffers within the MPR boundaries shall be identified. delineated and permanentlv protected in accordance with JCC 18.22 and shall be desienated on the official map of the Pleasant Harbor Master Planned Resort. A buildins setback of l0 feet shall applv to all desisnated buffer areas. -3 Comm€nted [CK2l: Is this s@tos rcally two things? I e not $c *fid is Euc for "all stnEsc" ed whd is m ftr "buildings ova 50 fea"? (2) Sierificant Tree Retention. All trees measurine 10" diameter breast hieh (dbh) or qreater on the date of bindine site plan approval shall be located and marked for retention. and measures taken to protect surroundine [CX3]: Added p€riod for coosistency with othq (x) removed. Where feasible. removed trees and their root wads shall be made available for watershed restoration oroiects. (3) Kettles. A "kettle'' is defined as a depression on the land surface left bv an ice block after elacial retreat. (4) SpecialEnvironmentalProtectionProvisions. Notwithstanding all other environmental requirements. the MPR approved olan 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 improperlv directed run-off. spills or other contamination of fertilizers. pesticides. herbicides and petroleum products. puttine human health at risk as well as fish and wildlife. An aporoved plan for directinq untreated run-offawav from the aquifer and treatine all on-site run-off with current biofiltration standards prior to anv discharee to the aquifer. (b) approval. or approval with conditions. (c)All development and landscapine 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 neishborine wells that relv on that aquifer for potable water. (d)No qolfcourse greens should be constructed over the aquifer recharee area. Site gradine and excavation shall be minimized. as demonstrated by a County reviewed and approved eradine plan pursuant to JCC I 8.30.060 & 070. (e) Land disturbine activities such as qradine and filline shall be keot to a minimum and natural contours shall be followed in locatinq and desienine all development features to protect the natural environmental unioueness ofthe site. (f) Rezular indeoendent water qualitv testine shall be conducted at specific monitorine sites to be identified in the Reso( Plan to test for saltwater intrusion and toxic -4- ': Cgmmted [DWJ4],Walnng fol sooetrrils mm re!1 | contamination in local wells that rely on the Black Point sole source aquifer. as well as testing in the lower reaches of the two adioinine watersheds for toxic contamination and low oxvgen levels. Preservation Officer or bv a local Tribe with iurisdiction. 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. (h) The owner/developer or assienees must provide for all on-site recycline of material. including paper. glass. cardboards. plastics. and comoostine of sarden waste. food waste. All compost should be reused on site. The owner/developer or assienees must provide a written record that landscapine materials purchased and applied onsite. including those applied as compost feedstocks. and pest controls are within the parameters and use restrictions set forth bv the National List of Allowed and Prohibited Substances as published and periodically updated by USDA National Organic Progam. (i) The applicant shall identifr wildlife use areas within the site and provide for set-aside and protection of core wildlife habitat areas and connectine corridors. () In cooperation and consultation with local tribes,'- ArqAq_shall be sgt.aside.q!'ld maintained for the occasional harvestins ofmedicinal plants and other plants important to tribal culture. (k) All development with the PHMPR must complv with the requirements for buffer retention. wildlife protection. preenbelt retention and maintenance and establishment ofoermanent protective easements for these resources. as well as the other specific requirements of Jefferson Countv 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) Anv development proposed in the PHMPR shall use the LEED (Leadership in Enerev and Environmental Desisn) qreen building ratine svstem standards. (m) Anv development oroposed in the PHMPR shall use the Intemational Dark Skv Association (IDA) Zone E- l standards for the MPR in order to limit nieht-time lisht pollution which mav affect neiehborine residential areas as well as wildlife. (5) Public Access to Master Planned Resort Amenities. All amenities and recreational resqqrpes_p.f the develooment shall be open to all members of the oublic. with the exception ofthose type ofactivities oertainins to suests and residents only such as access to laundry rooms or internal recreation rooms. TV rooms. etc. Nothins in this section shall prevent the ooerator ofanv recreational resource from establishine a fee or charse for the public's use ofthe recreational resource. I commented [cK6l: ,' c#*""t"o fcxii, o"r""a ** rp"l* tzl , c**ea icxgftN*rr." (g) All develooment and land disturbance shall protect/avoid all important cultural/historic sites that are listed. or elieible to be iisted. by State Historic -5- Addcd @mma Chapter 17.70. Open Space Reserve (MPR-OSR) 17.70.010 Purpose. The pumose of the MPR-OSR zone is to provide for a natural vegetated buffer area between the resort activities and the waters of Hood Canal. The MPR-OSR zone shall include a buffer extendine landward 50 feet as surveved from the top of the shoreline bluff bank. includins a l0 foot buildine setback. along southem boundarv of the MPR in accordance with Ordinance No.0l-0128-08. 17.70.020 Permitted uses. The followine uses may be allowed in the buffer and ooen soace areas in the MPR-OSR zone after review and approval ofappropriate critical area reports: (l) Restoration of existine development intrusions (roads. camosites) to their natural pre- development state: and (2) Passive recrealion. includinq tr.ails that do not reduce the forest canopv. increase slormwater discharge. or bluff erosion. a minimum of disturbance to soils or veqetation. Chapter 17.75. Marina - Maritime Villase (MPR-MV) 17.75.010 Purpose. The MPR-MV zone provides mixed use amelities and services associated with the marina and maritime villaee portion of the r€sort and surroundins communiW. and provides the central 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 Countv Shoreline Master Proeram and associated regulations Chaoter 18.25 JCC: (2) Residential uses includine sinele-familv and multifamily structures. condominiums. time- share and fractionallv owned accommodations of all kinds: (3) The Marina and Maritime Villaee related upland mixed use. commercial and service facilities. includins open parkine lots. restaurants and shops. as well as marine service facilities. marina office. vacht club and recreation facilities servine the resort and the Marina: ([ .. Ali over-water.buildinss and docks shall be constructed so as not impede miqratine fish and to minimize shadine.(5) Accessory uses and structures. such as garaees. carDorts. storaee buildines and similar structures supportine marina and maritime village uses. fuel service and parkins: [CK9]: Rmoved spacc lCK10l: Exm mm!Commented [CK11]: Added m : Cmm€nted [CX12]: Added extra line spee tobe @6istent, : though otherrections with simile nmbsinghav€ no spcs while , othw have spacc broeeo all numbed itms- Eith6is fine, but they should bc @nsislent. Comrcnted [CK13]: Added -6- spae (sc CKI0) (3) Educational and interpretive displavs and siens mav be installed if such installations involve (6) Indoor and outdoor resort-related recreational facilities. includine but not limited to tennis courts. swimmine pools, marinas. hikine trails. bicvcle paths. ropes courses. eame center and other recreational uses consistent with the nature of master planned resort; (7) Utilities supportine the resort:(8) Infrastructure and buildines. both above and below sround. for the utilities: (9) Emereencv services (fire. police. EMS): ( I 0) Public facilities. and services servine the MPR-MV zone: (l l) Medical services: and ( I 2) 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.' I7.75.030 Heiehtrestrictions. No buildines within the MPR-MV zone shall be erected. enlarqed or structurallv modified to exceed 35 feet in heieht as measured by IBC standards. Undereround or imbedded parkine shall not be included in any heieht calculations. 17.75.040 Bulk and setback requirements. There are no vard or setback provisions intemal to the MPR-MV zone. All new structures located within shoreline iurisdiction shall comply with the setback requirements of the County's Shoreline Master Prosram as codified under JCC 18.25. Chapter I7.80. Pleasant Harbor Resort Development 17.80.010 Resortdevelopment. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for anv future resort development. and orovides processes for reviewinq maior or minor revisions to the Resort Plan. These provisions apoly to all resort and associated development within the Pleasant Harbor MPR. 17.80.020 Development cap. The Pleasant Harbor MPR in total shall have a development cap of (intentionallv 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 includine all internal open space. 17.80.030 Resort Plan and Development Agreement The Resort Plan. shall consist of an approved bindine site olan. includine monitorinq and operational plans. and an approved Development Aereement for future development of properties in the Pleasant Harbor MPR. [he orocess for aporoval of such aereements is contained in 18.40.820 JCC, [CK14]: D€ldcd p6iod beforc soi-olon. setion fd 1 Comrentod [OWr15l; 18.40.820 or Afiicle xI is the proper 17.80.040 Permit process for resort development ( I ) A proiect-level supplemental environmental impact statement (SEIS) analvzins develooment utd-e-r -of'the Resort Plan is rEuired prior to issuance of buildine permits for any new resort development.(2) Notice ofdevelopment application and environmental review under SEPA shall be provided to all persons or asencies entitled to notice pursuant to the land use procedures ofJCC Title 18.(3) Actual buildine permit plans or construction drawines mav not be required durine the SEPA review process. but submitted architectural drawines must contain and demonstrate sufficient details. includins a detailed site plan. showine approximate elevations. sections. and floor plans are required. however. to ensure that the SEPA review process analyzes and considers project-level details.(4) The department of communitv development mav imoose mitieatins conditions or issue a denial of some or all of the Resort Plan based on the environmental review and usins authorit-v provided pursuant to the State Environmental Policv Act. Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development. (5) Followins completion of the SEIS. buildine permits may be issued. followine appropriate plan review. for proiects analvzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only following comoletion of review and approval of a full resort buildout plan through the SEIS process. A phasins schedule mav be proposed as oart of the anvironmental review or mav be develooed at a later date. 17.80.050 Environmental review for Resort Plan developmenL ( I ) All project level aoplications will be presumed to meet the threshold for a SEPA Determination of Sienificance except where the SEPA-responsible official determines that the application results in only minor impacts. Existing environmental review documents mav be adopted under SEPA if those documents meet the SEPA and JCC requirements to adequately address environmental impacts and mitisation as set forth in RCW 43.21C.034. (2 The scope ofan SEIS preoared under this section shall address environmental issues identifid in the Proerammatic FEIS issued November 2007. tosether with such additional requirements as aproiect specific application mav raise. The scope shall not chanse the standards ofapproval. however. as set forth in the applicable development agreement and these development regulations.(3) The utilitv element of any subsequent phase of SEPA review pertainine to the Pleasant Harbor MPR shall provide information on all affected utility svstems. includine sewer and water svstems and the results of reouired monitorine. The effectiveness of such monitorine shall be evaluated. Supplements or changes to the monitorine and reportine svstems shall be considered ifnecessary to ensure that water qualitv and water supply are adeouatelv protected and impacts to natural resources minimized. Requirements for water qualitv and quantitv monitoring as well as for run-off impacts shall be specified in the Develooer Aereement and in 1 7.80.030.(4) Anv preliminarv scope for future development within the Pleasant Harbor MPR shall be consistent with the approved Resort Plan. Other elements. issues. and specific levels of detail mav 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 analvsis to reduce duolication and narrow the focus on potentially sienificant adverse environmental impacts. -8- [C(16]: Added oma 17.80.060 Revisions to Resort Plan. ( I ) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zone chanees within the MPR* shall rEuire a Comprehensive.Plan amendment and.related zonine action. Such chanees are outside the scope of the revision processes described below and in JCC I 7.80.070 and 17.80.080. The Countv may approve an amendment to the Comprehensive Plan onlv if all requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are fulfilled. (2) The County shall accept buildine permits only for projects included in and consistent with the Resort Plan. A revision to the existine Resort Plan shall be submitted to the counW for approval prior to the acceotance ofanv proposal that is inconsistent with 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 Communitv Development (DCD) and the DCD director will determine whether the proposal constitutes a maior or minor revision. Upon makine a determination. the proposed revision shall follow the appropriate process for plan revisions as outlined in JCC I 7.80 060 and I 7.80.070. 17.80.070 Minorrevisions. ( I ) Minor Revisions. Resort Plans may require minor chanses to facilities and services in response to chaneing conditions or market. Minor revisions are those that do not result in a substantial chanse to the intent or purpose of the Resort PIan in effect. A chanee that satisfies the following criteria shall be deemed a minor revision forpumos€s of this chapter:(a) lnvolve no more than a ten!2!_p9r;g.e1g!q9rgg8glSJ!9,qy9!ellglg!!jS!al9 footaee ofthe Resort Plan:(b) Will have no additional imoacts on the environment and/or facilities than that addressed in the development plan: (c) Do not alter the boundaries of the aoproved plan: (d) Do not propose new uses or uses that modifo the recreational nature and intent of the resort.(2) Minor Revision Approval Process. Aoplications for minor revisions shall be submitted to. and reviewed bv the Jefferson Countv Department of Communitv Development (DCDIto determine ifthe revisions are consistent with all ofthe aooroved provisions ofthe Resort Plan the 201 5 FSEIS. the Jefferson Countv Comorehensive Plan and other pertinent documents. Those prooosals that satisfv the above-referenced criteria shall be deemed a minor plan revision and may be administratively aporoved (as a Type II decision under the land use procedures of JCC Title I 8. Unified Develooment Code) bv the director of the department of communitv development. Public notice of the application. the written decision. and aopeal ooportunities shall be provided to all persons or aqencies as reouired by the land use procedures ofJCC Title 18, Unified Development Code. Those revisions that do not complv with the provisions contained within this section shall be deemed a maior revision. subject to the provisions outlined in JCC 17.80.080. 17.80.080 Maiorrevisions. Revisions to the Resort Plan that will result in a substantial chanse to the resort includine: chanses in use. increase in the intensity ofuse. or in the size. scale. or densitv of comma -9- developmenl or chanses which may have additional impacts on the environment bevond those reviewed in orevious environmental documents. are considered to be maior revisions and will require application for a revised Resort Plan. (1.)........ Application for a Major Revision to the Resort Plan. An apolication shall be preoared describine the proposed revision in relation to the approved Resort Plan and providins a framework for review. analvsis and mitieation of the revised development activity proposed. The Resort Plan revision proposal shall include the followine information: (a) A description ofhow 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 comolements the existine resort facilities of the MPR:(c) A description ofthe desien and functional features ofthe Resort Plan revision. settins out how the revision orovides for unified development. inteerated site desisn and protection of natural amenities:(d) A listine ofproposed additional uses and/or proposed chanses to densiw and intensitv ofuses within the resort. and a discussion ofhow these chanees meet the needs of residents of the Pleasant Harbor MPR and patrons of the resort:(e) A completed SEPA environmental checklist with descriotion 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 surroundine properties and/or public facilities:(fl A descrintion ofhow the prooosed Resort Plan revision is inteerated with the overall Pleasant Harbor MPR and any features. such as connections to trail svstems. natural svstems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPR:(e) A description ofthe intended phasing ofdevelopment projects: (h) Maps. drawines. illustrations. or other materials necessary to assist in understandine and visualizine the desisn and use of the completed proposed develooment. its facilities and services. and the protection ofcritical areas:(i) A calculation ofestimated new demands on capital facilities and services and their relationship to the existing resort and MPR demands. includins but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that sufficient facilities and services to support the development are available or will be available at the time develooment permits are aoplied for.(2) Major Revision Process. Major revisions shall be processed as a hearine examiner decision (Tvpe III). with a required oublic hearine prior to the decision. Public notice ofthe aoolication. the required public hearine. the written decision. and aooeal opportunities shall be provided to all persons or aeencies as rEuired bv the land use procedures of JCC Chapter 18.40 Article III. Unified Develooment Code. Anv proposed maior revision also involvine a chanse to the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Tvpe V countv commissioners decision) prior to anv decision on the Resort Plan amendment and review by the Countv Plannins Commission and subsequent recommendation to the Board of Countv Commissioners who approve all Comprehensive Plan amendments. - l0- Fomatted: Indent: Left: 0", Firstline: 0" (3) Decision Criteria The hearine examiner may aoprove a maior revision to the Resort Plan. and the Board of Countv Commissioners mav approve anv associated Comprehensive Plan Amendments. only if all the followine criteria are met: (a) The proposed revision would further the eoals and policies set forth in the Comprehensive Plan:(b) No unmitigated probable sienificant adverse environmental impacts would be created bv the proposed revision:(c) The revision is consistent with all aoplicable development rezulations. includine those established for critical areas: mitigated: and protection of natural amenities. -l l- Title l8 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only ifthe residential uses are integrated into and support the on-site recreational nature ofthe resort. (l ) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The first or+ly existing officially designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title I 7. The master planned resort of Port Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marina, resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's intemal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions.(2) Pleasant Harbor lr4ar.ina-a$d Gt)lf:Re.oftMPB= IlCaSanIlarbSLNtcr.inr-aud-Coll' &esortMPR is the second officiallv desienated master planned resort in the Countv. The Pleasant Harbor MPR is desienated 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 bv resort and recreation facilities and amenities south of Black Point Road and a marina,/Maritime Village and associated housine north of Black Point Road. The resort is oredominatelv designed to serve resort and recreation uses and has onlv limited full-time occupancv. The resort is served bv the Brinnon Rural Center" which accommodates LAMIRD-scale commercial uses servine the resort and local population. The master planned resort's internal rezulations and plannins restrictions such as codes. covenants and restrictions mav be more restrictive than the reouirements in JCC Title 17. However. Jefferson County does not enforce private codes. covenants and restrictions. l8.l5.f f 5 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enlyexisti*g officially designated master planned resorts in the county qgq is the Port Ludlow MPR aacl the 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 36.70A.360 requires compliance with the provisions of this article and a -12- Cmtmted [CK19]: Chmged nme to oflicial @mp pld d6igf,diod. formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. 18.15.120 Purpose and intent. Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose ofthis article is to establish a master planned resort land use district to be applied to those properties the board of county commissioners determines a^re appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.70A.360. l8.l5.fB Allowableuses. The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.70A.360: (l ) All residential uses including single-family and multifamily structures, condominiums, time-share and fuactionally owned accommodations; provided, such uses are integrated into and support the on-site recreational nature ofthe master planned resort. (2\ Short{erm 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 torflolf coumes^(ilrr*eding-*ctessory- sta.rcturr:+ a*d-{aei}i+ie.;;*reh**elubhs*setfirartiro Sneilitie*.-and rnai*te*ance *heilities), tennis courts, lwimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities, sports compler(es, and other recreational uses deemed to be consistent with the on-site recreational nature ofthe master planned resort. (4) Campgrounds and recreatioaal 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 estatdproperty management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort. (8) Temporary and/or permanent structures to serve as sales offices. (9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent ofthis section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360. Cootrnented [CK2O]: We agrecd o stay sil6t otr golf colEs in eothosdion, mdcshding that this sdim dc not limit fte devclops- -l3- 18.15.126 Requirements for master planned resorts. An applicant for an MPR project must meet the following requirements: ( I ) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project development and operation. This shall include: (a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the particular natural and recreational features that will attract people to the area and resort. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part ofthe resort's services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs ofthe resort and its users. (d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location. (e) A description, with supportive information and maps, of the desigr and functional features that provide for a unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site. (0 A description ofthe environmentally sensitive areas 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 pusuant to the Shoreline Master Program. (g) A description ofhow the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the developmort and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support ofthe development will be available, and that concurrency requirements of the Comprehensive Plan will be met. (i) A description 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 authorized by Article XI of Chapter 18.40 JCC (Development Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and RCW 36.708.170, the development agreements shall be prepared by the applicant and must set -14- forth the development standards applicable to the development of a specific master planned resort, which may include, but are not limited to: (a) Permitted uses, densities and intensities ofuses, and building sizes; (b) Phasing ofdevelopment, ifrequested by the applicant; (c) Procedures for review ofsite-specific development plans; (d) Provisions for required open space, public access to shorelines (ifapplicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retail/commercial services; (e) Mitigation measures imposed pursuant to tle 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 Amendmenl 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 I 8.1 5 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. Ifdeemed appropriate by the applicant and the county, a master planned resort project may be designated by the county as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-11-164 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 36.70A.110. 18.15.t29 Applicationrequirementsand approvalprocess. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of count5r commissioners and the following: (l ) A draft of the master plan shall be prepared to meet the requirements of JCC r 8.r 5.126(r ).(2) A request forauthorization ofa development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter I 8.40 JCC (Development Agreements). (3) A request for a sit+specific Comprehensive Plan Land Use Map amendment necessary to meettherequirementof JCC 18.15.126(3)and 18.45.040. [Ord.8-06 $ l] 18.15.132 Decision-makingauthority. (l ) The planning commission, pursuant to its authority specified under JCC 18.40.040 and 18.45.080, shall hear and make recommendations on master plans and site-specific applications for MPR land use designations on the Comprehensive Plan Land Use Map. (2) The board of county commissioners, pursuant to its authority specified under JCC I 8.40.040, I 8.40.850(5) and 1 8.45.080, shall designate new master planned resort land use districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and -15- standards authorized for site-specific MPRs in a development agreement, and approve master plans. 18.15.135 Criteria for approval. An application to develop any parcel or parcels of land as an MPR may be approved, or approved with modifications, if it meets all of the criteria below. If no reasonable conditions or modifications can be imposed to ensure that the application meets these criteri4 then the application shall be denied. ( I ) 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 Plan, the requirements of the Shoreline Master Program, and all other applicable sections of this code and all other codes and policies of the (3) If an MPR will be phased, each phase open space, recreational facilities, landscaping and all other ofthe to stand alone if no subsequent phases are developed. (4) The MPR will provide active adequate open services such as transportation access, public health to adequately meet the needs ofthe guests and of the (5) The MPR will contain supportive and accessory on- site urban-level commercial and MPR. such shall be oriented to serve the (6) Environmental and screening of facilities and with each other, and in order to incorporate as of natural features, historic sites, and public (7) All on-site and impacts have been fully considered and mitigated. (8)in such a manner as to avoid or lands and property, (e)plan standards to retain and enhance the resort is better suited and has more long-term commercial harvesting of timber or production of will not adversely affect adjacent agricultural or forest $ ll 18.15.138 Planned ResorL The Pe+tudlsr* 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. -t 6- sufficient