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HomeMy WebLinkAbout008Michelle Farfan From: Sent: To: Cc: Subject: Attachments: Attached is my initialcut of the reconciliation between the Applicant's, Staff/Legal, and the Planning Commission's version of the MPR development regulations. We still need to discuss and decide on howto dealwith a section the PC added that covers critical areas and cultural resource protection at a higher level than is currently in our code, which according to Legal, is in effect drafting new code without going thru the proper process (a UDC amendment), and therefore, illegal. We also need to have this reviewed by a land use attorney. I wonder if we could use Pat Schneider for this purpose? And of course, Garth's Attorney JT Cooke will need to review it as well. Michelle and I have a meeting scheduled for next Tuesday at 10am. Could we all meet to discuss? Thanksl 1 David W. Johnson <djohnson@cojefferson.wa.us> Thursday, January L2,2017 1:48 PM Michelle Farfan; Patty Charnas; David Greetham David W. Johnson Pleasant Harbor Code Final Draft Staff Version L-2017 w_PC_changes_Staff_Comments_ Pleasant Harbor Zoning Code.docx PLEASANT HARBOR MASTER PLANNED RESORT Title 17 MASTER PLANNED RESORTS Title 17. Article I. Port Ludlow MPR Chapters 17.05-17.50 No change Title 17. Article II. Pleasant Harbor MPR (17.60-17.80) Chaoter 17.60. General Provisions 17.60.010 Authoritv. This title is adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title 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 usins the applicable JCC section number. 17.60.030 Purpose and intent. The ourpose and intent of the Pleasant Harbor MPR code is to set forth development regulations that comply with and are consistent with the Jefferson County Comprehensive Plan for future development within the boundaries of the Pleasant Harbor Nteri*eanS€elFResert L . , Master Planned Resort. 17.60.040 Additional requirements. rri' Ierttld. I=it!s. lI=elglil&.1 g= pf=tbp= lst{E psu a 17.60.050 Applicabilitv. The piovisions ofthis title shall apply to all land h.rse actions and siting ofinfrastructure includins over water or in-water work to be conductedM and*truee#edWj$irtjhg. boqlCCry=qf=the Eleasqrt U3{bgr Mgqtqt=P=l=q0ngC3,eS=o-4gs depigled=oq Commented IDWJS]: Adds precision per the PC the official land use mao for Jefferson County. Washington. 17.60 060 Exemptions. The followine structures and uses shall be exempt from the reeulations of this title. but are subject to all other apolicable local. state and federal regulations including. but not limited to. the PCCommentedGeneric Commented [DWJ2I: This is Title l7 Aricle 2 Commented [DWJ3! i lvlsndatory the PCCommentedGeneric -l- the county building ordinance. interim critical areas ordinance. the shoreline management master oroeram. and the State Environmental Policy Act (SEPA). (l) Wires, cables. conduits. vaults. pipes. mains, valves. tanks. or other similar equipment for the distribution to consumers of telephone or other communications. electricitv. gas. or water or the collection of sewaee. or surface or subsurface water operated or maintained by a governmental entit-v or a public or private utility or other county franchised utilities includine customary meter pedestals. telephone pedestals. distribution transformers and temporary utility facilities reouired durine building construction. whether any such facility is located undersround. or above-ground: but only when such facilities are located in a sheet risht-of-way or in an easement. This exemption shall not include above-ground electrical substations. sewage pump stations or treatment plants. or potable water storage tanks or facilities. which shall require conditional use approval in any zone where permittedl(2) Undereround utilitv equipment. mailboxes. bus shelters. informational kiosks. public bicycle shelters. or similar structure or device which is found by the director of communitu development to be appropriatel), located in the public interest:(3) Minor construction activities. as defined by the IBC. Section 106.2 and structures exempt under Chapter 15.05 JCC. as amended:(4) Stormwater detention facilities associated with and accessory to new development are permitted in all zones. Any above-ground detention facilitv or pond shall be screened from the public right-of-way or appropriately landscaoed to ensure compatibilitv with the surroundine area.(5) Development consistent with *lthe Marina Binding Site Phn hplgyg4 b],=.th9=9=o=qr.rg. _. _ _ _ prior to adoption ofthis chapter. with state law. Titles l5 and 18 of the Jefferson County Code and any other applicable re gulations or Ordinances. 17,60-110 Previsi fne previsienseftnl ien-er I 7.601u008d Enforcement The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the Jefferson County Code as currentlv enacted or as hereafter amended shall aoplv to any alleged violation of Title 17. Article II. more commonlv known as the "Pleasant Harbor MPR Code." Commenhd [DWlg]: Staffmd Legal agre to mov€ this section to the Development Agr@ment. Comment€d IDWl10l: Proper sequential numbering Commented IDWJ6I: Refen to the existing Binding Site Plm for the Marina md added per the PC Commented IDWJ7!: Proper sequeotial numbering CommenEd [DWI8]: More precise per the PC -2- Chanter 17.65. Golf Resort (MPR-GR) 17.65.010 Purnose. The MPR-GR zone provides residential and recreational facilities. as well as commercial amenities and services associated with the resort and surrounding communitv. It provides the central resort and conference facilities. 17.65.020 Permitted Uses. (2) Short-term visitor accommodations. constitutine not less than 65010 of the total residential units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges. (3) Visitor oriented amenities. including. but not limited to (a) conference and meeting facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associated with such uses: (c) on-site retail services and businesses Spicall), found in destination resorts and designed to serve the convenience needs of users and employees of master planned resort: and (d) recreation business and facilities:(4) Cultural and educational facilities of all kinds includine. but not limited to. hnterpretative diselays of local Native American ties to and uses of the ared, q$g4=[g=Li=q!,=qgC.lqdgg=tgI.ggtCggl -, theaters:(5) Indoor and outdoor resort-related recreational facilities. includins but not limited to eolf courses (including accessory structures and facilities. such as clubhouses, practice facilities. and maintenance facilities). tennis courts. swimmins pools. spa services. hikins trails. bic),cle paths. ropes courses. amphitheater. and other recreational uses consistent with the nafure of master planned resort:(6) Waste water treatment facilities. includine heatment plants. capture. storaee and transmission facilities to serve a reuse/recvcle 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 sup,porting the resortl(10) Emergencv services (fire. police. EMS): (l l) Medical services: and(12) Other similar uses consistent with the purpose of this zone and MPR as determined by the Department of Communitv Development. Commented [DWJ11]: Deleted per the Pc Commented [DWJ12]: Per th€ PC. Cotrsistent with tDC I 8. I 0.200 Tmsient Accomodations. Comntented IDWJl3I: Per the PC. Appropriate, but not n@ssary. -3- 17.65.030 Heiehtrestrictions. 17.65.040 BulkandlConsifv-setbacklreouirements. There are no vard or setback provisions internal to the MPR-GR zone. All structures shall be set back at least 20 feet from Master Planned Resort boundary lines and adjacent MPR zones. Minimum building setback from State Route l0l is 50 feet. Chapter 17.70. Open Space Reserve (MPR-OSR ) 17.70.010 Purpose. The purpose of the MPR-OSR zone is to orovide a natural buffer between the resort activities and the waters of Hood Canal. The MPR-OSR zones shall extend landward 200 feet from OMHW of Hood Canal as measured under the Shoreline Management Act (Chapter 90.58 RCW) or 25 feet from the top of the bank as measured under Chapter 18.22 JCC. whichever is STeater. 17.70.020 Permitted uses. The following uses are permitted in the MPR-OSR zone:(l) Restoration of existine development intrusions (roads. camosites) to theit natural pre- development state: and(2) Passive recreation that does not reduce the forest canopy. increase stormwater discharge or blufferosion. Chanter 17.75. Marina - Maritimd Villase (MPR-MV)_ 17.75.010 Purpose. orovides the central support to the marina operations. 17.75.020 Permitted uses. The followins uses are oermitted in the MPR-MV: ( I ) Marina and overwater structures as approved through the Jefferson Countv Shoreline Master Prosram and associated reeulations Chapter 18.25 JCCI(2) Residential uses includine single-familv and multifamily structures. condominiums, time- Commented IDWJ14]: Per the PC. 50 feet is consistent with Pon Ludlow Code, Applicmt proposed 80 feet bft allos buildings to exced 35 feet with Fire District spproval. Commented [DWJlsI: For accumcy. Commented [DWr16l: Per the PC. Cotnmented [DWJ17]: For accumcy. Commented [DWJ18]: For accumcy. Comnr€lttcd [DW] 191: Accunre. share and fractionallv owned accommodations of all kindsi .m jf.gd. lq-.,.ggt tg,er.jpt. ura tgf u.i.. facilities. includine 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- (4) Accessorv uses and structures. such as garages. carports. storaee buildings and similar sffuctures supportine marina and maritime village uses. fuel service and parkins: (5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming pools. marinas. hikine trails. bicycle paths. ropes courses. game center and other recreational uses consistent with the nature ofmaster planned resort.: (6) Utilities supportine the resort:(7) Infrastructure and buildings. both above and below ground. for the utilities:(8) Emergency services (fire. police. EMS):(9) Public facilities. and services servine the MPR-MV zone: (10) Medical services: and 17.75.030 Heightrestrictions. No buildinss 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 parkine shall not be included in any heieht calculations. I 7.75.040 Bulk and bcnsifirsetback lrequirgqen-t& -- ----, _ There are no yard or setback provisions internal to the MPR-MV zone. AII new Chapter 17.80. Pleasant Harbor Resort Development I7.80.010 Resort develonment. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review orocess for any fufure resort development. and provides processes for reviewins maior or minor revisions to the Resort Plan. These provisions apply to all resort and associated development within the Pleasant Harbor MPR. 17.80.020 Dcvelopmentcap, The Pleasant Harbor MPR in total shall have a development cap of 890 residential units provided. however. short term visitor accommodation units shall constitute not less than then-65 percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of nqt jnqludins lobbies and internal open space. 17.80.030 k+se++MasterElan The Resefi-Master Plan for future development of properties in the Pleasant Harbor MPR means the regulations. requirements, d€r+si+ieg€s4trses Final Environmental Impact Statements. grginan€e Ne, tl and es Commented IDWJ21]: Accune. Comtnented [DWJ22]: Corction. Commented [DWJ23]: Approved under Ord. but Altemative #3 strtes 56,608. Commented [DWJ24]: Per JCC 18. I 5. I 26 Commented [DWJ20]: Per the Pc. -5- aporoximate elevations. sections. and floor plans are+eqli+e*&ervever-to ensure that the SEIS SEPA review process analyze{?l.Id= pgfr"s=iCgt=s= pfpjpS!:lqySl SgIei=ls,. 17.80.040 Permit process for resort development.(l) A project-level supplemental environmental impact statement (SEIS) analyzine develooment under the Resort Plan is required prior to issuance of building permits for any new resort development. The aoplicant mav choose to develop a new environmental impact procedures of JCC Title 18. (3) Actual building permit plans or construction drawings arefnay not be required during the SEI$SEPA review process. but submitted ',4rehi*eetr*alarchitectural drawings must contain sufficient details. including a detailed site plan-€nd-ar€hi+e€fi*€Mnes showins (4) The department of community development may imoose mitisatine conditions or issue a denial of some or all of the Resort Plan based on the environmental review and using authorit-y orovided pursuant to the State Environmental Policy Act Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development.(5) Following completion of the SEIS building permits mav be issued. following aporooriate plan review. for proiects analyzed in the SEIS.(6) Actual resort development mav be undertaken in phases. but only following completion of review and approval of a full resort buildout plan tfuough the SEIS process. A phasing schedule may be proposed as part ofthe environmental review or may be developed at a later date. 17.80.050 Environmental review forRocorlresortPlon-development. ..t th. thr.rhold for a SEPA threshold Determination of Signrificance. except where the SEPA-responsible official determines that the application results in only minor eeast*redieaimpacts. A*I$o+SEI$is+et req*ire*ileExisting environmental documents may mav be adopted under SEPA id those (2) The scope ofan SEIS prepared under this section shall address environmental issues identified in the Programmatic FEIS issued November 2007. together with such additional requirements as a project specific application may raise. The scope shall not chanee the standards ofaoproval. however. as set forth in the development agreement and these qeveropmenr reSulauons.(3) The utiliW element ofany subsequent phase environmental review pertainins to the Pleasant Harbor MPR shall review information on all affected utility systems. includine sewer and water systems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated. Suoplements or chanees to the monitorine and reporting systems shall be considered if necessary to ensure that water quality and water supply are adequately protected and impacts to natural resources minimized. Commented IDWJ25] : Redundanr. Commented [DWJ26I: Per the PC Commented [DWJ27I: Per the PC Commented [DWJ28I: Per the PC documents meet SEPA and JCC reouirements to adequately address environmental €onditions imeacts and any mitisation hq =s,g!.fglth jlBq=y. 11219,=034.. -6- (4) Any oreliminary scope for future development within the Pleasant Harbor MPR is-shall be consistent with basCon-the deseribe*approved Resort Master Plan. Other elements. issues. and specific levels of detail mav be included based on information available at the time the Resort aPknbg=yglqe.qtq4qpp=li.c.qllgtt.Ls.Ltlb.gtlttgd,.Elqpglts trpted above may be combined in the EIS analysis to reduce duolication and narrow the focus on potentially sisnificant adverse environmental impacts. 17.80.060 Revisions to Resort Master Plan. or scope ltq=ttp=.Plptqlglt Hqppt.M.P. & boundary or zene-zoning ehan€ps-within the MPR shall reouire a Comprehensive Plan amendment and related zonine action. Such chanses are outside the scope ofthe 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 GroMh Manasement Act (Chapter 36.704 RCW) are fulfilled.(2) The County shall accept building permits only for proiects included in and consistent with the F.esort Master Plan. A revision to the existing Resort Master Plan shall be submitted to the county for approval prior to the acceptance of any proposal that is inconsistent with the rezulations.(3) Proposed revisions to the Resort Master Plan shall be submitted to the department of community development and the DCD director will determine whether the proposal constitutes a major or minor revision. Uoon making a determination the proposed revision shall follow the aporopriate process forplan revisions as outlined in JCC 17.80 060 and 17.80.070. f 7.80.070 Minor revisions. e Resort Maste, Plan.a), requi.e minor a substantial change to the intent or purpose ofthe Resort Master Plan in effect. A change that (c) Do not alter the boundaries ofthe approved plan:(d) Do not propose new uses or uses that modi$ the recreational nature and intent of the resort. A change to the Resort Plan may still ouali& as a minor revision under this section despite its failure to satis& one or more ofthe conditions (a) throush (d) ofthis section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and subsequent environmental impact statements, the Jefferson Countv Comprehensive Plan and other oertinent documents. Those proposals that satist the above-referenced criteria shall be Commented [DWJ30]: Per rhe PC Comtnented [DWJ31]: Acumcy Commented [DWr32l: Per the PC Commented [DWJ33I: Per the PC md consistent with Port Ludlow Commented [DWJ34]: PC wted "no additional impacs." This is @nsistent with Port Ludlow md SEPA languge. Commentql IDWJ35]: Consistot with 17.E0.080 Comntented [DWJ36I: Pq Shfimd l4gal. FSEIS is onrolling satisfies the -following criteria shall be de€med a minor revision for purposes of this chapter:(a) Involve no more than a te+.five 4lqII pSf gSg=t= i!p=[9?r!=e:iq=ttrB. ,q"vStq!! .gl=o=ql=qqU4,IS Per the PCCommented -7- 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 Develooment Code) by the director of the department of communitu development. Public notice of the application. the written decision. and appeal opportunities shall be provided to all persons or agencies as reouired bv the land use procedures of JCC Title I 8. Unified Development Code. Those revisions that do not complv with the provisions contained within this section shall be deemed a maior revision. subiect to the provisions outlined in JCC 17.80.080. 17.80.080 Maiorrevisions. Revisions to the Resort Master Plan that will result in a substantial change to the resort including: changes in use. increase in the intensity of use, or in the size, scale. or density of developmentl or changes which may have a substantial impact on the environment bevond those reviewed in previous environmental documents" are considered to be major revisions and will require application for a revised Resort Master Plan. (l) Application for a Major Revision to the Resort Master Plan. An application shall be preoared describing the proposed revision in relation to the approved Resort Plan and providing a framework for review. analvsis and mitigation of the revised development activity proposed. The Resort Plan revision prooosal shall include the followins information:(a) A description ofhow the revised ResortPlan would further the goals and policies set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision comolements the existing resort facilities of the MPR:(c) A description ofthe design and functional features ofthe Resort Plan revision. setting out how the revision provides for unified development. integrated site desiqn and protection of natural amenities:(d) A listing ofproposed additional uses and/or proposed changes to densitv and intensitv of uses within the resorL and a discussion of how these changes meet the needs environmental impacts associated with the proposed revision. including an analysis of the cumulative imoacts of both the proposed revision and the approved Resort Plan. and their effects on surroundine oroperties and/or public facilitiesl(fl A description ofhow the proposed Resort Plan revision is inteerated with the overall Pleasant Harbor MPR and any features. such as connections to frail systems. natural systems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPRI(g) A description ofthe intended ohasing ofdevelopment proiects: (h) Maps. drawings. illustrations. or other materials necessary to assist in understanding and visualizine the desim and use ofthe completed oroposed development. its facilities and services. and the protection of critical areas:(i) A calculation ofestimated new demands on capital facilities and services and their relationship to the existine resort and MPR demands. including but not limited to hansportation. water. sewer and stormwater facilities: and a demonstration that sufficient facilities and services to suoport the development are available or will be available at the time development permits are applied for. Commented [DWJ37I: Per rhe PC -8- (2) Major Revision Process. Maior revisions shall be processed as a hearing examiner decision (Tvpe III). with a required public hearins prior to the decision. Public notice ofthe application. lthe required oublic hearing. the written decision. and aopeal opportunities shall be orovided to all persons persens-or agencies as reouired by the land use procedures of JCC Ti+l+Chaoter 18.40 Article Ill. of thd=Ud=!s!=Q,grqlqppgr[Qqd-e.ApJ=p=ro=p=q=s94!!=ajpr=rs.yiqiq!elEc ilyg=tylre.e=sJr?rg.e==t9 the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V Ceounty Ceommissioners decision) prior to any decision on the Resort Plan amendment.(3) Decision Criteria. The hearing examiner may approve a maior revision to the Resort Plan only if all the followins criteria axe met:(a) The proposed revision would further the soals and oolicies set forth in the Comprehensive Plan:(b) No unmitigated probable significant adverse environmental impacts would be created by the prooosed revision:(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 fullv considered and mitigated:(e) The proposed revision comolements the existine resort facilities. meets the needs of residents and patrons. and provides for unified develooment. intesrated site desim, and protection of natural amenities. Commenteal IDWJ38]: Staff recommended. Rosrcr provision removed. -9- Title l8 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.I5.025 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. (l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The E$lte+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 ofJCC Title 17. The master planned resort ofPort Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marin4 resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's intemal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions.(2) Pleasant HarborMarin*an*GolflMaster Planned Resort. The Pleasant Harbor Msrin€ an4GellMaster Planned Resort (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 plarmed resort and is subjest to the provisions of JCC Title l7 Article II. The Pleasant Harbor MPR as currently designed is characterized by a qolfcourse resort facilitv south of Black Point Road and a marina,/Maritime Villaee and associated housing north of Black Point Road. The resort is predominately desigaed to serve resort and recreation uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses serving the resort and local population. The master olarmed resort's intemal regulations and planning reshictions such as codes. covenants and restrictions may be more restictive than the requirements in JCC Title 17. However. Jefferson Countv does not enforce private codes. covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The only-exis+i% officially designated master planned resorts in the county 419is the Port Ludlow MPR-aodlhe Pleasant Harbor MPR, provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.704.360 oertaining to new Master Planned Resorts. Designation of any new master planned resorts pursuant to RCW 36.704.360 requires compliance with the provisions of this article and a -10- 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 ofcounty commissioners determines are appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.70A.360. 18.15.123 Allowable uses. The following uses may be allowed within a master planned resort classifi.cation authorized in compliance with RCW 36.70A.360: (l) All residential uses including single-family and multifamily stnrctures, condominiums, time-share and fractionally owned accommodations; providd such uses are integrated into and support the on-site recreational nature ofthe master plaruled 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, golf courses (including accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature hails, bicycle paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort. (4) Campgrounds and recreational vehicle (RV) sites. (5) Visitor-oriented amenities, including, but not limited to: (a) Eating and drinking establishments; (b) Meetingfacilities; (c) On-site retail businesses and services which are designed to serve the needs ofthe users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor 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 necessaxy 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. -l l- 18.15.126 Requirements for master planned resorts. An applicant for an MPR project must meet the following requirements: (l) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a framework for project development and operation. This shall include: (a) A description of the setting and natural amenities that the MPR is being situated to use and enjoy, and the particular natural and recreational features that will 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 dishibution 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 ofthe project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program. (g) A description of how the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support of the development will be available, and that concurency requirements of the Comprehensive Plan will be met. (i) A description ofthe intended phasing ofdevelopment ofthe project, ifany. The initial application for an MPR shall provide sufficient detail for the phases such that the full intended scope and intensity 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 I 8.40.830(3) and RCW 36.708.170, the development agreements shall be prepared by the applicant and must set t2- forth the development standards applicable to the development ofa 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 retaiVcommercial services; (e) Mitigation measures imposed pursuant to the State Environmental Policy Act Chapter 43.21C RCW, and other development conditions; and (0 Other development standards including those identified in JCC 18.40.840 and RCW 36.70B.r70(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements ofJCC 18.45.040; provided, that the subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and JCC I 8.45.030 may be used if deemed appropriate by both the applicant and the county. The Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with the review of the resort master plan and development agreement required for approval of a master planned resort. (4) Planned Actions. 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-ll-164 and 197-ll-168. (5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.704.1 10. 18.15.129 Applicationrequirementsandapprovalprocess. 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 ofthe master plan shall be prepared to meet the requirements ofJCC r8.15.126(l).(2) A request for authorization ofa development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (DevelopmentAgreements).(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 g 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 ofcounty commissioners. pursuant to its authority specified under JCC 18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and -13- standards authorized for site-specific MPRs in a development agreement, and approve master plans. f8.15.135 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. (l) 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 ofthe county. (3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions ofthe MPR sufficient to stand alone if no subsequent phases are developed. (4) The MPR will provide active recreational uses, adequate open space, and sufficient services such as transportation access, public safety, and social and health services, to adequately meet the needs of the guests and residents of the MPR (5) The MPR will contain within the development all necessary supportive and accessory on- site urban-level commercial and other services, and 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 ofnatural features, historic sites, and public views. (7) All on-site and off-site infiasfucture and service impacts have been fully considered and mitigated. (8) Improvernents and activities are located and designed in such a manner as to avoid or minimize adverse eflects 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 g l] 18.15.138 Po{4J-udlo{+MasterPlanned Resort. The Pefr4udle+v Master Planned Resort Code (JCC Title l7), as may be amended to be consistent with the provisions of this UDC, is hereby adopted by reference and made a part of this UDC. -14-