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HomeMy WebLinkAbout033Michelle Farfan From: Sent: To: Attachments: Subject: M ichel le Fa rfa n < M Fa rfa n @co jefferson.wa.us > Wednesday, February 08,20L7 3:09 PM Patty Charnas; David Greetham; David W. Johnson Draft Dev Regs (Michelle's changes) Final Draft Staff Version L-2017 w-PC-changes-Staff-Comments- Pleasant Harbor Zoning Code.docx Afternoon Attached is a rough draft of my edits. Please feel free to comment, change, add as needed l'd still like us to discuss how we connect the mitigation measures for development from the FSEIS to the Regs or maybe we don't... Please provide comments to me bV 2/13 or we can schedule a meeting to discuss, Thanks, Michelle Farfan Associate Planner, Brinnon MPR Lead Jefferson County Department of Community Development 62l Sheridan Port Townsend WA 98368 V: 360-379-4463 F: 360-379-4451 mfa rfa n @co. ieffe rson.wa. us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. 1 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) Chapter 17.60. General Provisions 17.60.010 Authoriw. This title is adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title 18 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 the applicable JCC section number. 17.60.030 Purpose and intent. The purpose and intent of the Pleasant Harbor MPR code is to set forth development regulations that comply with and are consistent with the Jefferson Countv Comprehensive Plan for future development within the boundaries of the Pleasant Harbor Marina-anC€el{*esefr Master Planned Resort. The MPR provides a mixture of visitor-oriented transient accommodations. secondary homes. recreation. and supporting commercial facilities. 17.60.040 Additionalrequirements. Commented [DlYJll: Generic per the PC CommenEd [DWr2]: This is Tnle 17 Anicle 2 ComnrenEd [DW!3I: Mandatory Comlnented [DWl4]: Genenc per the PC Commented [DWJS]: Adds prmisioo per the PC 17.60.050 Apolicabilitv. The provisions ofthis title shall apol], to all land luse actions and siting of infrastructure including over water or in-water work to be conductedM and-stnretrreqwithin the boundery ollhe Plgeqqr=t= H=qt=bg[=M=qlteJ,P=lgrred.Resort as depicted on the official land use map for Jefferson County. Washington. 17.60 060 Exemptions. -l- The following structures and uses shall be exempt from the regulations of this title. but are subject to all other applicable local. state and federal regulations includine. but not limited to. thethe Intemational Buildine Code (lBC). International Fire Code (IFC). International Mechanical Code (lMC). Washington State Energy Code. Unified Plumbing Code (UPCleeun* insn€q-the shorel+n€-Shoreline mManaeement meste+f+eeram Act (SMA). 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 sewage. or surface or subsurface water operated or maintained by a governmental entity or a public or private utiliw or other county franchised utilities including customary meter oedestals. telephone pedestals. dishibution tansformers and temporarv utiliU facilities required durine buildine construction. whether any such facilitv is located underqround. or above-ground: but only when such facilities are located in a steet right-of-wav or in an easement. This exemption shall not include above-ground electrical substations. sewase pump stations or treatment plants. or potable water storase tanks or facilities. which shall require conditional use aporoval in any zone where oermitted:(2) Underground utilitv equipment. mailboxes. bus shelters. informational kiosks. oublic bicycle shelters. or similar structure or device which is found b), the director of communit-v development to be appropriatelv located in the public interest:(3) Minor construction activities. as defined b), the IBC. Section 106.2 and shuctures exempt under Chaoter 15.05 JCC. as amended: eermittee in atrzenes Bubli€ riel" ef waY o in€ afea;(5) Development consistent with athe- Amended Marina Bindine Site Plan l?ppJgygC.bI.t!g. Countv prior to adoption of this chapter. CommntCd [DW]6I: RefeE to the qisting Binding Site Plm for the Mrina md added per the PC Commented IDWJ7]: Proper sequential numbering CommenEd [DWl8]: More preise per the PC Comm€nted lDwrgl: Shtrmd Legal agr@ to move this section to the Development ASreemot. Commented IDWJ10]: Proper sequential numbering I 7.60h100701 P.reexistine uses and structures. *"*non-r"rid"ntiul i*.i rr., *d rmr.t r., 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 l8 of the Jefferson Countv Code and any other apolicable resulations or Ordinances. 17,60.129 Previlien The -reYisiens ef $is ien-€r Ear€el thereoO, in€lu I 7.60it3008Q E n fof cgr.r.gEt The enforcement provisions codihed in Chaoter 18.50 Enforcement of Title 18 of the Jefferson Countv Code as currently enacted or as hereafter amended shall apply to any alleged violation of Title 17. Article II, more commonly known as the "Pleasant Harbor MPR Code." -2- Chaoter 17.65. Golf Resort (MPR-GR) 17.65.010 Purpose. 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 PermittedUses. units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges. (3) Visitor oriented amenities. includins, but not limited to (a) conference and meetins facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associated with such uses: (c) on-site retail services and businesses Spically found in destination resorts and desigred 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. interpretative displaus of local Natiue A.e.ican ties to ard uses of th J theaters:(5) Indoor and outdoor resort-related recreational facilities. including but not limited to golf courses (including accessory structures and facilities. such as clubhouses. practice facilities. and maintenance facilities). tennis courts. swimmine pools. spa services. hiking trails. bicycle paths, ropes courses. amphitheater. and other recreational uses consistent with the nature of master planned resort:(6) Waste water teatment facilities. including treatment plants. caoture. storage and transmission facilities to s€rve a reuse/rec),cle Daogram for on-site heatment and use/reuse of waste water and stormwater:(7) Public water supply and related facilitiesl(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supporting the resort:(10) Emereency 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 [DWJ11I: Delded per the PC Commented IDWJ12]: Per rie PC. Consistent with llDC I 8. I 0.200 Trosient Accommodations. Comtnenbd [Dwrl3l: Per the PC. Appropriate, bur not n*ssd -3- 17.65.030 Height restrictions. 17.65.040 Bulkandidcndersetback r.e,Su!f.qmq+ts. There are no ),ard or setback provisions intemal to the MPR-GR zone. All structures shall be set back at least 20 feet from Master Planned Resort boundarv lines and adjacent MPR zones. Minimum building setback from State Route l0l right-of-way is 50 feet. Minimum setback from Black Point rieht-of-way is 20 feet. All buildings not attached or having common walls shall be seoarated by a minimum distance of l0 feet. as measured from foundation to foundation. Chanter 17.70. Onen Space Reserve (MPR-OSR ) 17.70.010 Puroose. The purpose of the MPR-OSR zone is to provide a natural veeetated 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 ?130 feet from the top of the bank as measured under Chapter 18.22 JCC. whichever is greater. Should we add some languase in here that if vegetation within this zone dies or trees fall that the developer is required to replant trees to maintain the purpose and intent ofthis zone?????? 17.70.020 Penrittcd E Tho re[eiYins uses or€ pe i develops€nt-s+a# erblu$eresien Chaoter 17.75. Marina - Maritimd Villaee (MPR-MV) 17.75.010 Purpose. provides the central suoport to the marina operations. 17.75.020 Permitted uses. Commented IDWJ14!: Per the PC. 50 f@t is consistent with Pon Ludlow Codc, Appliot proposed E0 feet bur allow buildings to ex@d 35 fed with Fire Distria approval. Commented IDWJ15l: Por accuncy. Commented [DWJ16I: Per rhe PC. Comnrenhd IDWJ17I: For sccuracy. Commented [DWJ18I: For accumcy. -4- The following uses are permitted in the MPR-MV:(l) Marina and overwater structures as approved throueh the Jefferson County Shoreline Master Proeram and associated reeulations Chaoter 18.25 JCC:(2) Residential uses including single-family and multifamily structures. condominiums. time- share and fractionallv owned accommodations of all kinds: (3) IThe Marina and Maritime jYlllqgg.rqlqteS"uplgn=4.mllp4Ugg..gq{rt41gtq!q=l.qrt4$rylpp facilities. including open parking lots. restaurants and shops. as well as marine service facilities. marina office. ),acht club and recreation facilities serving the resort and the Marina: (4) Accessorv uses and structures. such as garages. carports. storaee buildines and similar structures supporting marina and maritime village uses. fuel service and parking: (5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming pools. marinas. hiking trails. bicyclo paths. ropes courses. same center and other recreational uses consistent with the nature ofmaster planned resort.: (6) Utilities supporting the resort:(7) Infrastructure and buildings. both above and below ground. for the utilities:(8) Emergencv services (fire. police. EMS):(9) Public facilities. and services serving the MPR-MV zone:(10) Medical services: and 17.75.030 Prohibited Uses. Float planes and float plane docks are prohibited. Aerial access is limited to helicopters for emergency medical ourlnses only. I 7.75.03e040 Heisht restrictions. No buildines within the MPR-MV zone shall be erected- enlarged or structurallv modified to exceed 35 feet in hei8ht as measured by IBC standards except for the Condo- tel/conference center with terrace lofts and the Maritime Village. Undersround or imbedded parking shall not be included in any heieht calculations. 17.75.040050 Bulk and ldcnsifirsetback lr-qggir.eqr.e.T.ts. There are no yard or setback provisions internal to the MPR-MV zone. Minimum building setback from Highway l0l right-of-way shall be 50 feet. Minimum building setback from Black Point Road right-of-way shall be 20 feet.. -All new structures located within All buildings not attached or having common walls shall be separated by a minimum distance of l0 feet. as measured from foundation to foundation. Chapter 17,80. Pleasant Harbor Resort Develooment 17.80.010 Resort development. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides GomrnenEd [DW!l9l: Accururc. Comnrented [DW]20]: Per the PC. Commented [DWI21] : Accunte. Comtnenhd [DWJ22I I coretion. -5- processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to all resort and associated development within the Pleasant Harbor MPR. (Wasn't sure where best to out this language) The resort shall be required to annualD collect water oualitv monitoring data from the state water quality samoling station at Pleasant Harbor and submit a summary water qualit-v report to the Countv. In the event that water qualitv shows any sign ofdeterioration. the Countv shall consult with the resort. the local residents. and the State (both Washingrton State Department of Health and Washington Department of Fish and Wildlife) concernine the source of the change. The resort permits shall require the resort to implement any mitigation measures determined necessary by the County to alleviate any water qualitv issues emanatine from the resort properties. (page l-28 FSEIS) 17.80.020 Development can. 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 r$an 65 percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of 70.00Q.lquare feet of resoft cqmmercial, r,gta!!r LEg?!{?{r.t q+4.cgnfefe.r.rge so4q.e,.not includine lobbies. foyers. hallways. reception areas andjnternal-eperHpaee?????. 17.80.030 Reser+MasterP!g.E' The Reso*Master Plan for future develooment of properties within the Pleasant Harbor MPR means the regulations. requirements. Ceftsi+ies-sad-us€s Final Environmental lmpact 17.80.040 Permit process for resort develonment.(l) A project-level supplemental environmental impact statement (SEIS) analyzine development under the Resort Plan is required prior to issuance of building permits for an), new resort development. The applicant may choose to develop a new environmental impact (3) Actual buildins permit olans or construction drawings are-hnalr' not be reouired during the SEI$SEPA review process. but submitted.,{rehiteetural-architectural drawings must contain sufficient details. including a detailed site pl showing aoproximate elevations. sectio{rs. and floor olans sre-req+ir€d=+ory€v€r-to ensure that the SEIS SEPA review erocess analyzed.q4d.spnqlde.ry pt=ojg.q!:lgip!.d9l4i=1.s...(4) The depafrmenlDepartment of eemsnunitrCommunitv devel,epmentDevelopment may impose mitigating conditions or issue a denial of some or all of the Resort Plan based on the environmental review and using authority provided pursuant to the State Environmental Policy Commented [DWJ26I: Per rhe PC Comm€nted Per the PC CommenEd [DW,2BJ: Approved under Ord. bur Alrehative #3 states 56,608. Comnr€nEd [DfryJ24ll Per JCC r 8. 15. r 26 Comrnented Redundant. -6- Act. Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development.(5) Felle+vin+Upon completion of the SEIS. buildine permits may be issued -following appropriate plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only followins completion of review and approval of a full resort buildout plan throush the SEIS process. A phasing schedule may be proposed as oart ofthe environmental review or may be developed at a later date. for a SEPA threshold Determination of Significance. except where the SEPA-responsible official determines that the application results in onl), minor ee*stnretienimpacts. #E[$o+SEIS-isnot require4ileEexistine environmental documents may m€iFbe adopted under SEPA idf those documents meet SEPA and JCC requirements to adequately address environmental €onditi€ns impacts and any mitigation hs.qq!.tgtth j.q=&Q=V=1J,2!9,9.1.4=..(2) The scope ofan SEIS prepared under this section shall address environmental issues identified in the Proerammatic FEIS issued November 2007 & FSEIS issued December 2015. together with such additional requirements as a project specific apolication may raise. The scope shall not change the standards of approval. however. as set forth in the development agreement and these development regulations.(3) The utility element ofany subsequent phase environmental review pertaining to the Pleasant Harbor MPR shall review information on all affected utilitv systems, including sewer and water systems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated. Supplements or changes to the monitoring and reporting svstems shall be considered ifnecessarv to ensure that water quality and water suooly are adequately protected and impacts to natural resources minimized. (4) Any preliminary scope for future development within the Pleasant Harbor MPR is-shall be consistent with base4e+.the dese+iSedapproved Resort Master P1an. Other elements. issues. the EIS analysis to reduce duplication and narrow the focus on potentially sienificant adverse environmental imoacts. 17.80.050 Environmental review for*eserfresort Pl*+develooment.(1) All project level applications will be Eiven-sr+€u#+€presumed to meet the threshold 17.80.060 Revisions to Rcsort Master Plan. or r.op. ltq"tt.q "f Jg.eE*t H.qbot.MIB CommeflEd [DWr2El: Per$e Pc Commented Per the PC Comm€nted [DWJ30]: Per the PC boundary or /ene-zonine ehart€s-within the MPR shall require a Comprehensive Plan amendment and related zoning action. Such changes are outside the scope ofthe revision processes described below and in JCC 17.80.070 and 17.80.080. The County mav approve an amendment to the Comprehensive Plan only if all requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are fulfilled. (2) The County shall accept building permits only for projects included in and consistent with the R.esort Master Plan. A revision to the existine Resort Master Plan shall be submitted to the countv for approval orior to the acceptance of any proposal that is inconsistent with the Resort Master Plans set forth in this title. Upon approval of a revision. all subsequent 7- development proposals shall be consistent with the revised Resort Master.F,lq!.qr]4 dEyelgpqrgnt regulations.(3) Proposed revisions to the Resort Master Plan shall be submitted to the deBa#ment Department of eemmunitFCommunity developmentDevelopment (DCD) and the DCD director will determine whether the proposal constitutes a major or minor revision. Uoon makine a determination. the oroposed revision shall follow the aopropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.070 Minor revisions. The R"rort Murt". Plan man reqrire minor changes to facilities and services in response to chaneine conditions or market demand.{€m€nd result in a substantial change to the intent or puroose of the Resort Master Plan in effect. A change that satisfies the -followine criteria shall be deemed a mioor revision for purposes of this chapter:(a) Involve no more than a ten-five 4tdfL:pI9p4ir=r-c=lg4,s=q-4"ttr"e=gygt?!!glgqq.qqq4rg (c) Do not alter the boundaries ofthe approved plan; (d) Do not propose new uses or uses that modifr the recreational nature and intent of the resort.(e) Minor shiftine of the location of buildinss:(0 Minor shifting of parking areas;(e) Landscaoins:(h) Sewer and water facilities:(i) Timins of approved development. A change to the Resort Plan may still guali0 as a minor revision under this section despite its failure to satisft one or more ofthe conditions (a) throueh (dl(h)ofthis section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and reviewed by the Jefferson County depa#menlDepartment of eomn*uni+FCommunity the Jefferson Countv Comprehensive Plan and other pertinent documents. Those proposals that satisfo the above-referenced criteria shall be deemed a minor plan revision and may be administrativelv aporoved (as a Type II decision under the land use procedures of JCC Title I 8. Unified Development Code) by the director of the depa+tn*enlDepartment ofeemmuniff Community CevelepmentDevelopment. Public notice of the aoplication. the written decision, and appeal ooportunities shall be provided to all oersons or aeencies as required by the land use procedures of JCC Title 18. Unified Development Code. Those revisions that do not comply with the provisions contained within this section shall be deemed a major revision. subject to the provisions outlined in JCC 17.80.080. 17.80.080 revtsrons. Revisions to the Resort Mastcr Plan that will result in a substantial change to the resort including: changes in use. increase in the intensity ofuse. or in the size (in section 17.80.070 it Commsrted [DWI31I : Acumcy Commented [DWJ32]: Per the PC Commented [DWJ33I: Per the PC md @nsistent with Pon Ludlow CommenBl [DWJ34I: PC wted "no additional impacs." This is oroistent with Port Ludlow md SEPA l&guge. Commented IDWJ35]: Consistent with 17.80 080 Commented [DWJ36]: Per Staffod Legal. FSEIS is controlliog Fomatted: Indent: Left: 0" -8- allows for a 57o increase - seems contradictory). scale. or densifu of development: or changes which may have a substantial impact on the environment beyond 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 aoplication shall be prepared describing the proposed revision in relation to the approved Resort Plan and providing a framework for review, analysis and mitigation of the revised development activiw proposed. The Resort Plan revision proposal shall include the followine information:(a) A description of how the revised Resort Plan would further the eoals and policies set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision complements the existine resort facilities of the MPRI(c) A description ofthe design and functional features ofthe Resort Plan revision. setting out how the revision provides for unified development. integrated site desien and protection of natural amenities:(d) A listing ofproposed additional uses and/or proposed changes to density and intens8 of uses within the resort. and a discussion of how these changes meet the needs of residents of the Pleasant Harbor MPR and oatrons of the resort:r"t aIoiloGEa sepa "rrironrn.ntut.tri.ttistiith-ld*rt *itn'gg.s.qtiptio.q.qt4nqelyqlq.of ltrs environmental impacts associated with the proposed revision. includins an analysis of the cumulative impacts of both the oroposed revision and the approved Resort Master Plan. and their effects on surrounding orooerties and/or public facilities:(fl A description ofhow the proposed Resort Plan revision is inteerated with the overall Pleasant Harbor MPR and any features. such as connections to hail svstems. natural svstems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPR:(g) A description ofthe intended phasing ofdevelopment projectsl(h) Maos. drawings. illusfrations. or other materials necessar.v to assist in understandine and visualizine the desi8n and use ofthe comoleted proposed develooment. its facilities and services. and the protection ofcritical areasl(i) A calculation of estimated new demands on capital facilities and services and their relationshio to the existine resort and MPR demands. includin&.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. (i) A description of how the proposed maior revision mav affect the Memorandums of Understading (MOU's) as identified in the Develooment Reeulations.(2) Major Revision Process. Major revisions shall be processed as a hearins examiner decision (Tvpe III). with a required public hearine prior to the decision. Public notice ofthe application. lthe required public hearin& the written decision. and apoeal opportunities shall be provided to all oersons Berse++or aeencies as reouired by the land use procedures of JCC +l&-Chapter 18.40 Article @"nt Cod". Arl, propos"d ,ajo, ..ririon ql.=o. inuoluing u.ha,rg" ro the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Tvpe V CeounU Ceommissioners decision) prior to any decision on the Resort Plan amendment. Commented [DWJ37I: Per the PC Commented IDWr38]: Staff recommended. Roster provision removed. -9- (3) Decision Criteria. The hearing examiner mav approve a major revision to the Resort Plan only if all the followine criteria are met:(a) The proposed revision would further the goals and policies set forth in the Comprehensive Plan:(b) No unmitieated probable sienificant adverse environmental impacts would be created by the proposed revision:(c) The revision is consistent with all applicable development regulations, including those established for critical areas:(d) On-site and off-site infrastnrcture (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 ofresidents and patrons. and provides for unified develooment. inteerated site design. and protection of nafural amenities. 17.85.010 Limitation of nermit approval. An MPR approved with a ohasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the aporoved phasins plan. A new development olan shall be required for anv development on the subject propertv. Specific development activities shall be subject to the standards ofthe approved MPR and the regulations in effect at the time of development permit application. If physical develooment of the MPR (or first ohase thereofl has not been commenced within the applicable time period. the MPR shall be extinguished -10- Title 18 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.704.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a sefting 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 firgte+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 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 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 Marir++an4GellMaster Planned Resort. The Pleasant Harbor Marina an4Gel$Master Planned Resort (MPR) is the second offrcially desimated master planned resort in the Countv. The Pleasant Harbor MPR is desimaJed in accordance with RCW 36.704.360 as a new master planned resort and is subject to the provisions of JCC Title l7 Article II. The Pleasant Harbor MPR as cunently designed is characterized by a golfcourse resort facilitv south of Black Point Road and a marina./Maritime Villaee and associated housine north of Black Point Road. The resort is predominately designed to serve resort and recreation uses and has only limited fuIl-time occupancv. The resort is served by the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses 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 Countv does not enforce orivate codes. covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enbrcxis+iry officially designated master planned resorts in the county qgis the Port Ludlow MPR-aud 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 pertainins 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 -l t- formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. 18.f5.120 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 oppornrnity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benehts 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 are appropriate for development as a master planned resort consistent with the Comprehensive Plan policies and RCW 36.70A.360. 18.15.123 Allowable uses. The following uses may be allowed within a master planned resort classification authorized in compliance with RCW 36.704.360: (l) All residential uses including single-family and multifarnily structures, condominiums, time-share and fractionally owned accommodations; provided, such uses are integrated into and support the on-site recreational nature ofthe master planned resort. (2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other residential uses, that are made available for short-term rental; provided, that short-term visitor accommodations shall constitute no less than 65 percent 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 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 @V) 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 necessary to maintain and operate the master planned resort. (8) @tructures 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. 12- 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 desigrr 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. (f) A description ofthe environmentally sansitive 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 demonshation that sufficient facilities and service which may be necessary, appropriatg or desirable for the support of the development will be available, and that concrrrency requirements of the Comprehensive Plan will be met. (D A description ofthe intended phasing ofdevelopment ofthe project, ifany. The initial application for an MPR shall provide sufficient detail for the phases such that the full intended scope and intensity ofthe development can be evaluated. This shall also discuss how the project will function at interim stages prior to completion ofall 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 - l3- 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 retaiVcommercial services; (e) Mitigation measures imposed pursuant to the State Environmental Policy Act Chapter 43.21C RCW, and other development conditions; and (D Other development standards including those identified in JCC 18.40.840 and RCW 36.70B.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, pursu&lt to the requirements ofJCC 18.45.040; provided, that the subarea planning process authorized under Article VII ofChapter 18.15 JCC (Subarea Plans) and JCC 1 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 197-11-168. (5) SelGContained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.704,.110. 18.15.129 Application requirements and approval process. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of cormty commissioners and the following:(l) A draft of the master plan shall be prepared to meet the requirements of JCC 18.15.126(r).(2) A request for authorization ofa development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requkement ofJCC 18.15.126(3) and 18.45.040. [Ord. 8-06 g l] lE.l5.l32 Decision-making authority.(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 -14- 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 criteria" 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) Ifan MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions ofthe MPR sufficient to stand alone if no subsequent phases are developed. (4) The MPR will provide active recreational uses, adequate open space, and sufficient services such as transportation access, public safety, and social and health services, to adequately meet the needs of the guests and residents of the MPR. (5) The MPR will contain within the development all necessary supportive and accessory on- site urban-level commercial and other services, and such services shall be oriented to serve the MPR. (6) Environmental considerations are employed in the desigrl 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 infrasfucture 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 g l] f 8.15.138 Pert+udfer+ Master Planned Resort. The Pefr*udl,erv 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. -15-