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HomeMy WebLinkAbout159Michelle Farfan From: Sent: To: Cc: Subject: Attachments: David W. Joh nson < djoh nson @co jefferson.wa.us > Monday, July L1-, 20L61:42 PM Cynthia Koan; Gary Felder; Kevin Coker; Lorna Smith; Mark Jochems; Matt Sircely; Mike Nilssen; Richard Hull;Tom Giske David W. Johnson; Philip Morley; Patty Charnas PC Recommedation PC PHMPR UDC Regualtions Recommendationfindings_07-11-16.doc; Pleasant Harbor Zoning Code_ PC Final Draft version after the_6-15-16 PC_w_CK _PC Edits mtg.docx Cynthia, Attached is the recommendation. Please review. lf you are okay with it, let me know and l'll have a copy for you to sign here in the office. Thanksl David Wayne Johnson - LEED AP - Neighborhood Development Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 Mission: To preserve and enhance the quality of lfe in Jffirson County by promoting a vibrant economy, sound communities ond a healthy environment. fi Sout PAPER - Pleose do not print this e-mqil unless obsolutely necessory All e-mail may be considered subjed to the Public Records Act and as such may be dsclosed to a third-pafi requestor, Jeffur:on County Department of Comrnunlty Oev*loprnenlffi silUAREffiMM W t B*atrr8uildrngstsrt*Her!, {tl}i*rdmtl.fo.trffin{ tstttrt*t l raoil?s{$ | *.sftr.h{lffin.s 1 LEED NB JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (s60) 379-4450 Planning Commission Recommendation for MLA08-00188 Pleasant Harbor Master Planned Resort UDC Text Amendment For Title 17 Article II Development Regul ations 8{. Title 18 Code Amendments Recommendation with Findings and Conclusions To:Board of County Commissioners, Chair Kathleen Kler Department of Community Development, Director Patty Charnas lnterested Parties of Jefferson County From:Jefferson County Planning Commission Date July 1 1,2016 Attached: Proposed text The Planninq Commission is pleased to submit our UDC Iexf Amendment recommendation to the Board of Countv Commissioners for review. The Planning Commission has worked diligently to review and deliberate the application for an amendment to the Unified Development Code (UDC) Title 17 Article ll - Development Regulations for the Pleasant Harbor Master Planned Resort, and relevant code amendments to Title 18 regarding master planned resorts. On June 15,2016, the Planning Commission made a motion to accept and fonvard to the Board of County Commissioners (BoCC) the attached version of Title 17 Article ll, the Pleasant Harbor Master Planned Resort development regulations, with minor amendments to Title 18 of the Unified Development Code. The motion carried by a vote of six (6) in favor, one (1) opposed, and one (1) abstained. On June 29,2016, the Planning Commission developed findings of fact and conclusions based upon growth management indicators as required under JCC 18.45 and other general guidance on required findings, and therefore do hereby declare the following findings and conclusions in support of our recommendation: 1. 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? The circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan. For example, since adoption of the Comprehensive Plan a site specific Comprehensive Plan amendment to re- designate the subject property from Rural Residential to Master Planned Resort zoning (MLA06-00087) was approved by the Board of County Commissioners on January 14,2008. The site has remained unused and undeveloped since operations as a campground stopped in September of 2QQ7. 2. 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? The assumptions upon which the Jefferson County Comprehensive Plan is based are still valid, as well as the assumptions under which the Comprehensive Plan Amendment to re-designate the site from Rural Residential to Master Planned Resort. 3. Does the proposed amendment reflect current, widely held values of the residents of Jefferson Gounty? The Planning Commission could not agree as a whole on this finding, and therefore, wish to be silent on this point. B. Additional required findinss as per Jefferson Countv Code (JCC) Title 18.45.080(1XcXi-viii) 1. ls growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? Growth is occurring slower than anticipated due to the current population projections which are less than 2004 Comprehensive Plan Update estimates. 2. Has the capacity of the county to provide adequate services diminished or increased? 7-l l-16 Pleasant Harbor UDC Text Amendment Recommendation to BoCC Page2 A. Required findinqs as per Jefferson Countv Code (JGC) Title 18.45.080(lXbXi-iii): The level of services provided by the County can be maintained at 2004 levels due to the decrease in demand based on population projections. 3. ls there sufficient urban land, as designated and zoned to meet projected demand and need? There is sufficient land available for development in the Port Hadlock/lrondale UGA - in fact, there is a surplus. 4. Are any of the assumptions upon which the plan is based no longer found to be valid? There is no evidence that the assumptions under which the Comprehensive Plan were based are no longer valid. The Goals and Policies under the Land Use and Rural element of the Comprehensive Plan for Master Planned Resort development are still valid. The assumptions under which the Comprehensive Plan Amendment to re-designate the site from Rural Residential to Master Planned Resort are also still valid. 5. 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? There is no evidence that County-wide attitudes regarding amendments to the Unified Development Code (UDC) to address development of a [Master Planned Resort, or that the goals and policies regarding Master Planned Resorts as a land use have changed. The proposed amendment to the UDC is consistent with the current Comprehensive Plan Vision Statements. 6. Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? With the adoption of the site-specific Comprehensive Plan amendment (MLA06-00087) to re-designate the project site from Rural Residential to Master Planned Resort zoning, new language specific to the Pleasant Harbor MPR will need to be included in the upcoming Comprehensive Plan periodic update. No amendment to the Comprehensive Plan as a result of the adoption of the proposed development regulations is required. 7. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Gountywide Planning Policies for Jefferson County? The Planning Commission finds no inconsistencies between GMA, the Comprehensive Plan, the County-wide Planning Policies and the proposed development regulations. C. The Record ln addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, the Planning Commission finds: 7-l I -16 Pleasant Harbor UDC Text Amendment Recommendation to BoCC Page 3 1. 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? The record contains an application for a UDC Text Amendment, Final Supplemental Environmental lmpact Statement (FSEIS)with associated project descriptions, maps, technical reports, findings, conclusions and mitigation measures, appendices, public and regulatory agency comments and response to comments. Also records of public meetings and hearings, background on Phase 1 Comprehensive Plan approval, as well as a record of the current and on-going negotiations between the Port Gamble S'Klallam Tribe, the Developer and Jefferson County based upon the April 18, 2016 government to government meeting. 2. Can assertions in the record be confirmed by information from other sources? Yes, assertions in the record can be confirmed by information from other sources. 3. ls the decision we are about to make based on the record? Yes, this UDC Text Amendmenf recommendation is based on the record. 4. Does the decision we are about to make, so far as we know, satisfy legal criteria? The Planning Commission could not agree as a whole on a finding and/or conclusion on whether or not the decision satisfies legal criteria, and therefore, wish to be silent on this point. 5. ls the decision we are about to make limited to the specific request at hand? Yes, this UDC Text Amendmenf recommendation is specific to the application to amend the UDC Title 17 Article ll Pleasant Harbor Master Planned Resort Development Regulations (MLA08-00188). D. Additional Findings and Conclusions The Planning Commission could not agree as a whole on whether or not there were additional findings of fact or conclusions of law pertinent to this decision, and therefore, wish to be silent on this point. E. Recommendation to the Board of Countv Commissioners We recognize that our recommendation will be reviewed and considered by the Board of County Commissioners, who will, based upon these findings and conclusions, determine whether or not a change to the Planning Commission recommendation is necessary (JCC 18.45.090(4). On June 29, 2016, The Jefferson County Planning Commission made a motion to instruct Staff to prepare the Planning Commission's final recommendation, submit that recommendation with associated findings and conclusions to the Planning Commission Chair for signature, and then forward said recommendation to the 7-l 1-16 Pleasant Harbor UDC Text Amendment Recommendation to BoCC Page 4 BoCC for consideration. The motion carried by vote of three (3) in favor, one (1) against, and one (1) abstained. Cynthia Koan, Planning Commission Chair Date t 7- I I - 1 6 Pleasant Harbor UDC Text Amendment Recommendation to BoCC Page 5 PLEASANT HARBOR 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) Chapter 17.60. General Provisions 17-6!.010 Authoritv. This title is adonted pursuant to Cha 36.10 aud36.70A RCW, and Title l8 JCC. 17.60.020 Title. The regulations set forth in this title shall be known as the "Pleasant Harbor Master Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these reeulations shall be made using tbqapplicable JCC section number. 17.60.030 Purpose and intent. The pumose and intent of the Pleasant Harbor MPR code is to set forth development regulations that complLwith and are consistent with the Jefferson 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 l5 and Title 18 of the Jefferson County Code shall apply to development in the Pleasant Harbor MPR. Applications for development within the MPR must be submitted as provided for in JCC 18.35 Article V. Bindine Site Plans. and all subsequent development within the MPR area will be subiect to the approved bindine site plan and as spsqified u the terms and conditi glapqtenl Agrgement between Jefferson County and the Developer l?.60.050 Applicability The provisions of this title shall apply to all land use act including over water or in-water work to be conducted within the boundary of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson County. Washineton. 1 17.60 060 Exemptions. The following structures and uses shall be exempt from the regulations of this title. but ect to all other ble state and federal ons but not the county building ordinance. interim critical areas ordinance. the shoreline management master prosram. and the State Environmental Policy Act (SEPA). (l) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for the distribution to consumers of telephone or communications, electricity, gas. or water or the collection of sewage. or surface or subsurface water operated or maintained by a enti ora lc or vate utili or other utili customary meter pedestals. telephone pedestals. distribution transformers and temporary utility whether facil is located or above-ground: but only when such are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations. sewage pump stations or freafmenf nlants or nofah le water storaoe tanks or faci liti eq which shall renl re conditional use approval in any zone where permitted; (2) Undereround utility equipment. mailboxes. bus shelters. informational kiosks. public bicycle shelters. or similar structure or device which is found bLthe 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 15.05 JCC AS(4) Development consistent with the Marina Binding Site Plan approved by the County prior to adoption of this chapter. 17.60.070 Pre-existing uses and structures. Existing lesally-oermitted. residential and non-residential land uses and structures in all zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent with state law. Titles l5 and 18 of the Jefferson County Code and any other applicable re gulations or Ordinances. 17.60.080 Enforcement The enforcement nrovisions codifi ed ln Chanter 1 8.50 Enforcement of Title l8 o f the Jefferson County Code as currently enacted or as hereafter amended shall apply to any alleged violation of Title 17. Article II. more commonlv known as the "Pleasant Harbor MPR Code.'l Chanter 17.65 Pleasant Harbor Master Resort Residential Recreation and Commercial Zone (MPR-RRC) 17.65.010 Purpose. The MPR-RRC zone allows residential and recreational facilities" as well as commercial amenities and services associated with the resort and surrounding communitv. It also allows for the central resort and conference facilities. 17.65.020 Permitted Uses. f l \ Residential uses incl rrdino sinole-famil and multi familv qtrrrctrrres condominiums townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations. (2) Short-term visitor accommodations. constituting not less than 650Z of the total residential authorized Ordinance #01-0128-08 but not limited to hotels mote and any residential uses allowed under 1 of this section that are made available for short-term rental. "Short-term rental" shall be construed to mean less than 30 da)rs. tor oriented amenities but not limited to conference and facilities: (b) restaurants. cafes. delicatessens. gubs. tavems and entertainment associated with such uses: (c) on-site retail services and businesses tvpicallv found in destination resorts and to serve the convenience needs ofusers and of master (d) recreation business and facilities:(4) Cultural and educational facilities of all kinds including" but not limited to. interpretative displavs of local Native American ties to and uses ofthe area, art galleries, and indoor or outdoor theaters: (5) Indoor and outdoor resort-related recreational facilities. includine but not limited to fennis cnrrrts s\ximmino nools qnn serwices hikino trails hicvcle na ths fnneq courses (6) Waste water treatment facilities. including treatment plants. capture. storaqe and transmission faqilities to serve a reuse/recycle program for on-site treatment and use/reuse of waste water and stormwater: (7.) Public water supply and related facilities: 8 Public facilities and services as defined in JCC 18.10.160 (9) Utilities supporting the resort: (10) Emergency services (fire. police. EMS): (l l) Medical services: and (12) Other similar uses consisteg yyith the pumose of this zone and MPR as determined by the Department of Communitv Develooment. 17.65.030 Heieht restrictions. 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 parking shall not be included in any height calculations. 17.65.040 Bulk and setback requirements. All structures shall be set back at least 40 feet from Master Planned Resort boundary lines and adjacent MPR zones. Minimum building setback from State Route l0l is 50 feet. tZ.0S.OSO Critica Areas(l) 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 buildine setback of 10 feet shall apply to all designated buffer areas. 3- (2) Significant Tree Retention. All trees measurine l0" diameter breast hieh (dbh) or sreater on the date of bindine site plan soil and roots during site disturbance. Where there is no alternative to removing such trees. additional trees. such as Douglas Fir or Sitka Spruce at least four years old or four feet in height. 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. GI 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 eeoloqic and culturally siqnificant 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 sufltcient per agreement with the Port Gamble S'Klallam Tribe. (4) SpecialEnvironmentalProtectionProvisions Notwithstanding all other environmental requirements" the MPR approved plan must have provisions lor: (a) Well-head Protection and Aquifer Recharge 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. putting human health at risk as well as fish and wildlife. An approved plan for directins untreated run-off away from the aquifer and treatine all on-site run-off with current biofiltration standards prior to any diwharge to the aquifer. (b) An approved organic vegetation and site management plan shall be submitted to the County as part of the overall Master Planned Resort application for review and approval. or approval with conditions. (c) All development and landscaping within the PHMPR area must be located . constructed. and maintained in such a manner as to provide full protection to the aquifer and any on-site or neighboring wells that rely on that aquifer for potable water. (d)No golf course greens should be constructed over the aquifer recharse area Site and approved grading plan pursuant to JCC 18.30.060 & 070. (e)Land disturbiug activities such as gradine and filline shall be keptlo a miulrnum and natural contours shall be followed in locating and designine all development features to protect the natural environmental uniqueness of the site. (f) Regular independent water quality testing shall be conducted at specific monitoring sites to be identified in the Resort Plan to test for saltwater intrusion and toxic -4- contamination in local wells that rely on the Black Point sole source aquifer. as well as testinq in the lower reaches of the two adioininq watersheds for toxic contaminatiqn and low oxvgen levels (g) All development and land disturbance shall protect/avoid all important sites that are or ble to 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. (h)The owner/develoner or assionees mnst nrovide for all on-site recvclino of material including paper. slass. cardboards. plastics. and composting of garden waste. food waste. All provide a written record that landscaping materials purchased and applied onsite, including those applied as compost feedstocks. and pest controls are within the parameters and use restrictions set forth by the National List of Allowed and Prohibited Substances as published and periodicall), updated by USDA National Orqanic Program. (i)AICAS the site and for and protection of core wildlife habi tat areas and connecting corridors. 0)In cooperation and consultation with local tribes. arear shall be set aside and maintained for the occasional harvesting of medicinal plants and other plants important tol[:ibal culture. (k) All development with the PHMPR must comply with the requirements for buffer and maintenance and establ ve easements requirements of Jefferson Countv Ordinance. 01-0128-08. which was part of the Board of County Commissioners Council approval for establishment of the Pleasant Harbor Master Planned Resort. (l)use the LEED ln and Environmental Design) green building ratine system standards. (m) Any development proposed in the PHMPR shall use the International Dark Sklu for the MPR in order to limit -time lution which affect nei re (5) Public Access to Master Planned Resort Amenities. resources ofthe devel shall be to all members of with the of those of activi as access to laundry rooms or intemal recreation rooms. TV rooms. etc. Nothing in this section shall prevent the operator ofany recreational resource from establishing a fee or charge for the public's use of the recreational resqurce. -5- 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 surveyed from the top of the shoreline bluff bank. including a 10 foot buildine setback. alons southern boundarv of the MPR in accordance with Ordinance No.01-0128-08. 17.70,020 Permitteduses The followins uses may be allowed in the buffer and open space areas in the MPR-OSR zone after review and approval ofappropriate critical area reports: (l) Restoration of existins development intrusions (roads. campslIqs) to their natural pre- development state: and(2) Passive recreation. includins trails that do not reduce the forest canopv" increase stormwater discharge, or bluff erosion. (3) Educational and interpretive displavs and sisns mav be installed if such installations involve a minimurn of disturbance to soils or veLqetatiou Chapter 17.75, Marina - Maritime Villaee (MPR'MY) 17.75.010 Purpose. R-MV with the marina and m4ritime villaee portion !f the resort and surro qommutl1y, atd provides the central support to the marina operations. 17.75.020 Permitteduses. The followins uses are oermitted in the MPR-MV:(l) Marina and overwater structures as approved through the Jefferson County Shoreline Master Program and associated regulations 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 Village 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 buildines and docks shall be constructed so as not impede misratine fish and to minimize shading. (5) Accessory uses and structures. such as garages" carports. storage buildings and similar structures supporting marina and maritime village uses. fuel service and parking: (o Indoor and outdoor resort-related recreational facilities. includins but not limited to tennis courts" swimming pools. marinas. hiking trails. bicycle paths. ropes courses. game center and other recreational uses consistent with the nature of master planned resortl -6- Utilities the(8) Infrastructure and buildings. both above and below ground. for the utilities: servrces EMS (10) Public facilities. and services serving the MPR-MV zone: (11) Medical services: and similar uses consistent with the of zone MPR Department of Communitv and consistent with 18.25 JCC. t7.75.04 0 Bulk and setback requirements. There are no vard or setback nrovtsl ons internal to the MPR-MV zone. All new structures located within shoreline iurisdiction s 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 develonment. This section describes the "Resort Plan"for facilities to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides or minor revisions to the P all resort and as 030 Resort Plan and Develo ment The Resort P lan-shall st of an a bindins site olan. includins monitorins andconsl tional and an D properties in the Pleasant Harbor MPR. The process for approval of such agreements is contained in 18.40.820 JCC 17.80.040 Permit D rocess for resort development. statement S anal development of the Resort PIan is required prior to issuance of bujlding permits for any new resort t. -7- 17.75.030 Heiqht restrictions. No buildings within the MPR-MV zone shall be erected. enlarged or structurally modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded parking shall not be included in anv height calculations. 17.80.020 Development cap. The Pleasant Harbor MPR in total shall have a development cap of (intentionally left blank to be determined by 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 of resort commercial. retail. restaurant and conference space. not including all internal open space. Title 18. buil be SEPA review process, but submitted architectural drawings must contain and demonstrate sufficient details. including a detailed site plan" showing approximate elevations" sections. and floor plans are required. however. to ensure that the SEPA review process analyzes and considers proi ect-level details. 4 The denial of some or all of the Resort Plan based on the environmental review and using authority playdpd 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) Followine completion of the SEIS. buildine permits may be issued. followine appropriate ln (6) Actual resort development may be undertaken in phases. but only following completion ofreview and aporoval ofa full resort buildout plan through the SEIS process. A phasing schedule may be proposed as part of the environmental review or may be developed at a later 17.80.050 Environmental review for Resort Plan develorrment.(1) All proiect level applications will be presumed to meet the threshold for a SEPA A application results in onl), minor impacts. Existing environmental review documents may be under SEPA uate 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 Programmatic FEIS issued November 2007. together with such additional requirements asl! proiect speqitc aBpligatia! may taise. The scope shall not change the standards of approval. however. as set forth in the applicable development agreement and these development re gulations. (3) The utility element of any subsequent phase of SEPA review pertaining to the Pleasant Harbor MPR shall provide information on all affected utility systems. including sewer and water svstems and the results of required monitorine. The effectiveness of such u,naqilqtlnrshall be evaluated. Supplements or changes to the monitorinq and reporting systems shall be considered if necessary to ensure that water quality and water supply are adequatelv protected and impacts to natural resources minimized. Requirements for water qualitv and qualUty rnonilaung6 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 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 tn A duplication and narrow the focus on potentially significant adverse environmental impacts. 17.80.060 Revisions to Resort Plan. 8- t an date. f (2) Notice of development application and environmental review under SEPA shall be provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC or to the Pleasant Harbor MPR or changes within the MPR shall require a Comprehensive Plan amendment and related zoning action. Such chaqqes arc 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 only if all requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled. (2) The County shall accept buildine permits onlv for proiects included in and consistent with the Resort Plan. A revision to the existin&_Resort Plan shall be submitted to the county for approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set &rth in this title. Upon approval of a revision. all subsequent development proposals shall be consistent with the revised Resort Plan and development regulations. sed revisions to the Community Development (DCD) and the DCD director will determine whether the proposal constitutes a maior or minor revision. Upon making a determination. the proposed revision shall follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.070 Minor revisions.(l) Minor Revisions. Resort Plans mav require minor chanqes to facilities and services in response to chanqing conditions or market. Minor revisions are those that do not result in a substantial change to the intent or purpose of the Resort Plan in effect. A change that satisfies the followinq criteria shall be deemed a minor revision for purposes of this chapter: (a) Involve no more than a five percent (5%o\ increase in the overall sross souare footage of the Resort Plan: (b) Will have nq additional impacts on the addressed in the development plan: (c) Do not alter the boundaries of the approved plan: (d) Do not propose new use s or uses that modifv 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 County Department of Community Development (DCD) to 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 satisfr 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 Developmqnt Cojdlv the director of the development. Public notice of the application. the written decision" and appeal opportunities shall be provided to all persons or agencies as required b), the land use procedures of JCC Title nified Devel contained within thjs segtiou shall be deemed a maior revision. subiect to the provisions outlined in JCC 1 7.80.080. 17.80.080 Maior revisions. Revisions to the Resort Plan that will resullu a substantial chans including: changes in use. increase in the intensity of use. or in the size. scale. or density of development: or changes which may have additional impacts on the environment beyond those reviewed iq previous environmental documents. are considered to be maior revisions and will require application for a revised Resort Plan. 9- (1)Application for a Maior Revision to the Resort Plan. An application shall be prepared describing the proposed revision in relation to the approved Resort Plan and providing a framework for review. analvsis and mitiqation of the revised development activitv proposed. The Resort Plan revision proposal shall include the following information (a) A description of how the revised Resort Plan would further the goals and policies forth in the C nsive Pl A ofhow Plan revi facilities of the MPR: of the Resort Plan revisi settins out how the revision provides for unified development, integrated site design and protection of natural amenities: d AI of sed additional uses to intensity of uses within the resort. and a discussion of how these chanqes meet the needs of residents of the Pleasant Harbor MPR and patrons of the resort: A comnl eted SEPA environmental checklist with deqcrintion and an alvsis nf the environmental impacts associated with the proposed revision. including an analysis of the cumulative impacts of both the proposed revision and the approved Resort Plan. arld their effects on surrounding properties and/or public facilities; (fl A description of how the proposed Resort Plan revision is integrated with the I Pleasant Harbor MPR such as connections to trail natural systems or ereenbelts. that have been established to retain and enhance the character of the resort and the overall MPR: /o\A deqcrintion of the intended nhnsino nf dewelonment nrni ects (h) Maps. drawings" illustrations" or other materials necessary to assist in its ties n ofcritical areas (i) A calculation of estimated new demands on capital facilities and services and their relationship to the existine resort and MPR demands. including but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are applied for. Ma or Process or revisions shall be a decision (Type III)" with a required public hearing prior to the decision. Public notice of the application. the required public hearine. the written decision. and appeal opportunities shall be to all AS uired the land use s of J C Cha l8 Article III. Unified Development Code. Any proposed major revision also involving a chanqe to the boundaries of the MPR zone shall require a Comorehensive PIan amendment (a Type V county commissioners decision) prior to anv decision on the Resort Plan amendment and review by the County Planning Commission and subsequent recommendation to the Board of County Commissioners who approve all Comprehensive Plan amendments. (3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan. and the Board of Countv Commissioners mav approve anv 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: -l 0- (b) No unmitigated probable significant adverse environmental impacts would be created by the proposed revisiou (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 existing resort facilities. meets the needs of residents and patrons. and provides for unified development. integrated site design. and protection of natural amenities. -l l- Title 18 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only 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 fifsltenly 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 17. The master planned resort of Port Ludlow is characterrzed 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. (2) Pleasant Harbor MPR. Pleasant Harbor MPR is the second officially designated master planned resort in the County. The Pleasant Harbor MPR is designated in accordance with RCW 36.70A.360 as a new master olanned resort and is subiect to the provisions of JCC Title I 7 . The Pleasant Harbor MPR is characterized by resort and recreation facilitigs and amenities south of Black Point Road and a marina/Maritime Villaee and associated housing nofth of Black Point Road. The resort is predonli_nately deligned to serve resort and recreation uses and has onl], Rural Center which -scale commercial uses master planned resort's internal regulations and planning restrictions such as codes. covenants and restrictions mav he more restrictive thnn the renrriremenfs in JCC Title 17. However Jefferson Countv does not enforce ori vate codes, covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The dy-€xis+ing officially designated master planned resorts in the county AIe-h the Port Ludlow MPR-and the Pleasant H , 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 36.70A.360 pertaining 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. -12- 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 36.10A.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, 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) 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 36.70A.360. 18.15.126 Requirements for master planned resorts. An applicant for an MPR project must meet the following requirements - 13- (l ) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project development and operation. This shall include: (a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the particular natural and recreational features that will 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 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 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 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 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; -t4- (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.031 and WAC 197-ll-164 and 197-11-168. (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.1 10. 18.15.129 Application requirements and approval process. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of county commissioners and the following: (l) A draft of the master plan shall be prepared to meet the requirements of JCC l 8.1 s. 126(1). (2) A request for authorization of a development agreement, pursuant to the requirements of JCC I5.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements). (3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ l] 18.15.132 Decision-making authority. (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. -15- 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 modif,rcations 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 $ 1] 18.15.138 Pert-Ludto* Master Planned Resort. The Pe**r*dlew Master Planned Resort Code (JCC Title 17), 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. -16-