HomeMy WebLinkAbout037Michelle Farfan
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Michelle Farfan < MFarfan@cojefferson.wa.us>
Wednesday, February 22,2017 2:32 PM
Patty Charnas; David Greetham; David W. Johnson
2/22/L7 MF additional comments to Final Draft Staff Version L-2017 w/PC changes -
Pleasant Harbor Dev Regs (this is an internal draft only)
MF comments 2 2217 Final Draft Staff Version L-2017 w_PC_changes_Staff_Comments_
Pleasant Harbor Zoning Code.docx
Attachments:
Good afternoon
I have been working on this and the development agreement and going through Ordinance 01-0128-08 conditions to see
that they have been added. Still a work in progress...
Please review this version. I would like to meet with you all again for more discussion once your review is
completed. Please provide comments to me on or before March 6.
Regards,
Michelle Farfan
Associate Planner, Brinnon MPR Lead
Jefferson County Department of Community Development
621 Sheridan
Port Townsend WA 98368
V: 360-379-4453
F: 360-379-4451
mfarfa n @co.iefferson.wa. us
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1
PLEASANT IIARBOR 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
resulations shall -be made usine 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
Master Planned Resort. The MPR orovides a mixture of visitor-oriented transient
accommodations. secondary homes. recreation. and suoporting commercial facilities.
17.60.040 Additionalrequirements.
17.60 060 Exemptions.
17.60.050 Applicabilitv.
The proviiions of this title shall apply to all land luse actions and siting of infrastructure
includine over water or in-water work to be conductedM
.on
the official land use map for Jefferson County. Washington.
Commented
"qualified lad
p*lFll: Do we mnt to add I s@tioo that speifies a
plmer s identified in JCC 17.05.060?
Comm€nted [DWJ2]: Generic per the PC
Comme[ted [DWJ3I: This is Title l7 Anicle 2
Commentql [DWJ4]: Mudatory
Commented [DWJS]: Geaeric per ttre PC
Commented [DWJ6]: Adds preision per the PC
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 rezulations including. but not limited to.
th+the Intemational Buildine Code (IBC). International Fire Code (IFC). lnternational
Mechanical Code (lMC). Washinglon State Energy Code. Unified Plumbing Code (UPC)eeunry
he shereline-Shoreline mManasement
mas+erfrqram 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. elechicity. gas. or water or
the collection of sewaee. or surface or subsurface water operated or maintained by a
governmental entity or a public or private utility or other county franchised utilities including
customary meter pedestals. telephone pedestals. distribution tansformers and temporary utility
facilities required durine building construction. whether any such facilitv is located undereround,
or above-ground: but onlv when such facilities are located in a steet right-of-way or in an
easement. This exemption shall not include above-ground electrical substations. sewage pump
stations or treatment plants. or potable water storase tanks or facilities which shall require
conditional use aporoval in any zone where oermittedl(2) Undersround utilit-v equipment. mailboxes. bus shelters. informatioml kiosks. public
bicycle shelters. or similar structure or device which is found by the director of communit-v
development to be appropriately located in the public interest:(3) Minor conshuction activities. as defined by the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amended:
Fermitted in all -
oEbti€ right er wry ing
afe&.(5) Development consistent with althe- Amended Marina Bindine Site Phn hpplgy.qC.hJ.ttrg.
Countv prior to adootion of this chapter.
17.60.f-$070 Prccxistine uses and structures.
-
E "er-ron-r"rro"n,,u,,*o ur", ?no rgrla*rgr.!{,
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 aoolicable
regulations or Ordinances.
fne previsiens ef *ll
others with an inte ion or
-areet tnereeO, inetu
17.60I300Ed Enfor.cgn-ent. , .
The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 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."
CommenEd [Dlf,J7]: Rcfer to the existing Binding Site Plu
for the Mrina ud added per the PC
Comnrcnted IDWJEI: Propersequential numbering
Comm€nted IDtflJ9]l More precise per the PC
Commented [DWr10]: Staffud Lrgd agee to move this
section to the Developmot Agr@mml.
Commented IDWrU]: Proper sequential numbering
-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
17.65.020 Permitted Uses.
(2) Short-term visitor accommodations. constituting not less than 650lo 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
Commented [trlFl2t: "cenral resorf'may be confusing since it
is in the GR zone
Comntented []lF13l: Do we wt to add "timeshues" 6
reference in I E. 15.123?
ComtnenEd [Dtf,Jl4I: Delaed per the PC
Comm€nted [DWrtS]: Pe the PC. Consistent with UDC
I 8. I 0.200 Trusient Ammmodations.
Comm€nted [MF16l: Do we mnt to be more specific? Barber
& beuty shops,8ift shops, etc.
Commcnted [DWr17l: Per rhe PC. Appropriate, but nol
n@sgry.
facilitiesr (b) restaurants. cafes, delicatessens. pubs. taverns and entertainment associated with
such uses: (c) on-site retail services and businessesllylrlgqUy"&,U{r4=irl=4gE!iqpfg=f=Ig!=gT.tq.?l1d
designed to serve the convenience needs ofusers and employees ofmaster planned resortl and
(4) Cultural and educational facilities of all kinds includins. but not limited to. hntemretative
displays of local Native American ties to and uses of the areaL E!tg?.U9.r.i.gq,.q!C.iqdp-ol gl.outdqgl
(d) recreation business and facilities:
theatersl(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. swimming pools. spa services, hikine trails. bicycle paths.
ropes courses. amphitheater. and other recreational uses consistent with the nafure of master
planned resort:(6) Waste water teatment facilities. including featment plants. capture. storage and
transmission facilities to serve a reuseirecvcle program for on-site treatment and use/reuse of@(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) Emergency services (fire. oolice. EMS):
(l l) Medical services: and
UtlFlSl: Wastemto t ameil f.cility is not
.15.123
Commented
identified in 18.
Commented [MF19l: What type of pemitting procss, q?€ I,
tr, m?
ComtnenEd [l.l F20R19I: What sbod prohibited uses? Home
businessE, cottage indEtry, etc.
-J-
17.65.030 Heisht restrictions.
| 17.65.040 Bulk and Benshrsetback requirements.
There are no yard or setback provisions internal to the MPR-GR zone. All structures
shall be set back at least 20 feet from Master Planned Resort boundax.v lines and adjacent MPR
zones. Minimum building setback from State Route l0l right-of-way is 50 feet. Minimum
setback from Black Point right-of-way is 20 feet.
All buildings not attached or having common walls shall be separated by a minimum
distance of l0 feet. as measured from foundation to foundation.
(BoCC v- In keeping with an approved landscaping and erading plan. and in order to satisfy the
intent of JCC 18. I 5. 135(6). and with special emphasis at the Maxitime Villaee. the buildings
should be constructed and placed in such a way they will blend into the terrain and landscape
with park-like green belts benveen buildings.
(BoCC y - As a best management practice for the operation and maintenance of the golf course,
the Developer shall maintain a log of fertilizers. pesticides. and herbicides used on the MPR site.
This information shall be made available to the oublic.
BoCC w - Consfruction of buildings within the MPR boundaries shall strive to preserve trees
that have a diameter of I 0 inches or ereater at breast height (dbh). An arborist will be consulted
and the sround staked and flagged to ensure the roots and surroundine soils of sisnificant trees
are protected during construction. To the extent possible. trees of significant size (i.e. I 0 inches
or more in diameter at breast heisht (dbh) that are removed durins construction shall be made
available with their root wads intact for possible use in salmon recovery projects.
BoCC z - Developer shall use the International Dark Sky Association (lDA) Zone E-l standards
within the boundaries of the MPR.
Chapter I7.70. Open Space Reserve (MPR-OSR )
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide a natural vegetated 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 Manaeement Act (Chapter
90.58 RCW) or 2*30 feet from the top of the bank as measured under Chapter 18.22 JCC.
whichever is greater.
Should we add some lansuaee in here that if veeetation within this zone dies or trees fall that the
developer is required to replant trees to maintain the purpose and intent ofthis zone??????
Commented [Dwr2ll: Per $e PC. 50 fet is consistent with
Pon Ludlow Code, Appli@t proposed 80 feet but allow buildings
to exced 35 feet with Fire Disrici approval.
Commentea, [DWJ22]: For accumcy.
-4-
171702020 Permitte
Th€ foilewing uses ff
d€v€l€pm€n+€+of€i-and
orblu$eresie*
Chaoter r7.75. Marina - N{aritimd Y!!tegg.(M-P..B:M.Y)-
17.75.010 Purpose.
The MPR-MV zone orovides mixed use amenities and services associated with the
mari.n+Marina hnd Maritime Village bortion of $p resort and sunoundilg commuli,ry,,qlC
provides the-eentralsupport to the marina operations.
17.75.020 Permitted uses.
The followins uses are nermitfed in the MPR-MV:
( I ) Marina and overwater structures as aporoved through the Jefferson Countv Shoreline
Master Program and associated regulations Chaoter 18.25 JCC:
marina office. yacht club and recreation facilities servins the resort and the Marina:
(4) Accessory uses and structures. such as garages. carports. storage buildinss and similar
structures supporting marina and maritime village uses. fuel service and parking:
(5) lndoor and outdoor resort-related recreational facilities. includine 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 resort.:(6) Utilities supporting the resort:
17.75.030 ProhibitedUses.
Float planes and float olane docks are orohibited. Aerial access is limited to helicopters
for emergencv medical purposes onlv.
ORV and ATV parks?
Comm€nted [Dfryrzl] : Per rhe PC.
Comin€ntnd [DWr24] : For aeurcy.
Comm€nted [DWJ25]: For accumcy.
CommenEd [,1F28]: This is mnsidered a public purpose
facility - what type of review procBs - I, [, or m? What ty?e of
review proess for all "pmitted uses?"
Comm€nted IMF29]: This sems vague.
Commcntod [Dwr3ol I Per the PC.
ComlflenEd [MF26I: I believe rhere is m existing B&B l@ted
wirhin the Water Touch Short Plat lo@ted widrin this zone.
Cornmented [DWr27]: A@unte.
-5-
17.75.030040 Heieht restrictions.
No buildings within the MPR-MV zone shall be erected enlarged or structurally
modifred to exceed 35 feet in height as measured by IBC standards except for the Condo-
teVconference center with terrace lofts and the Maritime Village. Underground or imbedded
parking shall not be included in any heieht calculations.
I 7.75.04e050 Bulk and ]dcnsifirsetbac k heo u irem ents.
There are no yard or setback provisions intemal to the MPR-MV zone. Minimum
building setback from Hiehwav 101 rieht-of-wav shall be 50 feet. Minimum buildine setback
from Black Point Road right-of-way shall be 20 feet.. -All new structures located within
All buildings not attached or havine common walls shall be separated by a minimum
distance of l0 feet. as measured from foundation to foundation.
Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resortdevelopment.
This section describes the "Resort Plan" for facilities to be located in the resort MPR sets
out a required environmental review process for any fufure resort development. and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
(Wasn't sure where best to put this language) The resort shall be required to annually
collect water quality monitorins data from the state water quality samoline station at Pleasant
Harbor and submit a summarv water qualiry report to the Countv. In the event that water qualitv
shows any sigl of deterioratiou the Countv shall consult with the resort. the local residents. and
the State (both Washinqton State Department of Health and Washington Department of Fish and
Wildlife) concerning the source of the chanse. The resort permits shall require the resort to
implement anv mitigation measures determined necessary by the County to alleviate any water
oualitv issues emanatine from the resort properties. (paee l-28 FSEIS)
17.80.020 Development cao.
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 than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
h4qqd reu*e r".tpr.r, ing
lobbies. fo),ers. hallways. reception areas andinternalepe+soaee?????.
17.80.030
The Reso#Master Plan for future development of properties within the Pleasant Harbor
MPR mea*s-includes the rezulations, requirements. densi+ies-and-uses Final Environmental
Commentcd IDWJ31]: Accunte.
CommenEal [DWJ32]: Conction.
ComtnenEd []tlF3:ll: FSEIS and Developmot Agreement sat
79,000
Coonetitad [DU34I: Approved under Ord. but Altmative #3
sbt6 56,50E.
Comnrenbd [DWJ35]: PeTJCC 18.15 126
-6-
shoreline iurisdiction shall comply with the setback requirements of the Count-v's Shoreline
Master Proeram as codified ]et€hunder. 18.2+25 [lQQ. -,.--.-.
17.80.040 Permit orocess for resort hevelonmend..-- ,(l) A project-level supplemental environmental impact statement (SEIS) analyzing
development under the Resort Plan is required prior to issuance of buildins permits for any new
resort development. The applicant may choose to develoo a new environmental impact
procedures of JCC Title 18.(3) Actual building permit plans or construction drawines ar€+na), not be reouLed during the
SEI$SEPA review process. but submitted -,4rehitee*urel-architectural drawinss must contain
sufficient detaits. includine a detailed site planMr€s showing
approximate elevations. sections. and floor olans are+eq$i{€d-ho+ve+€r-to ensure that the SEIS
S
(4) The depetmenTDepartment of eemmunitFCommunilv develeomenlDevelopment may
impose mitieating conditions or issue a denial of some or all of the R€sorlMaster Plan based on
the environmental review and using authoritv orovided pursuant to the State Environmental
Policv Act. Chapter 43.2IC RCW. Article X of Chapter 18.40 JCC shall be applicable to the
oermit process for resort development.(5) Fe{le*in+Upon completion of the SEIS. buildine permits ma:v be issued -followine
appropriate plan review. for projects analvzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only following completion
of review and approval ofa full resort buildout master plan through the SEIS process. A phasine
Commented [DWr36l : Redudatrt.
Comnrenhd [MF4OI: Seems contradidory. N@d a phaing
plil s part ofthe SEIS pro@ss or thc phaing schedule on be
developed larer. What fu the roon(sybenefits for submitting it at a
later dat€? Each phse must stand on its oM meriB - Binding Site
Ple?
CommenEd [DWJ41]: Per the PC
17.80,050 Environmental review forResertsresortPlan-develonment.
..t th" tht.rhold
for a SEPA threshold Determination of Sisnificance. except where the SEPA-responsible official
determines that the application results in only minor eonstn*etionimpacts. A€lS-orSEI$is-ne{
rEui+edifleEexisting environmental documents may ma*be adopted under SEPA idf those
documents meet SEPA and JCC requirements to adequately address environmental €ond+ions
impacts and any mitigation [qSq!=tqt=th jnBq.W 43.21g.9.31*(2) The scope ofan SEIS prepared under this section shall address environmental issues
identified in the Prosrammatic FEIS issued November 2007 & FSEIS issued December 20 15.
together with such additional requirements as a project specific apolication may raise. The scope
shall not change the standards of aporoval. however. as set forth in the development aereement
and these development regulations.(3) The utilitv element ofany subsequent phase environmental review pertaining to the
Pleasant Harbor MPR shall review information on all affected utilitv systems. includins sewer
and water systems and the results of required monitoring. The effectiveness of such monitorinq
shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be
Commente.l UrlF3Tl:
Per the PCCommented
Commented [DWJ39I: Per rhe PC
Resort Master Plans set forth in this title. Upon approval of a revision. all subsequent
development proposals shall be consistent with the revised Resort Master Elan an4 dey.glgplnent
considered ifnecessarv to ensure that water quality and water supply are adequately protected
and impacts to nafural resources minimized.(4) Any preliminary scope for future development within the Pleasant Harbor MPR i+shall
be consistent with base4on-the deseribe*approved Resort Master Plan. Other elements. issues.
and specific levels of detail may be included based on information available at the time the
Resort aPkn bprgleplnS!.t app[i.qatioI.is s,qb.[qi$ed,.Elqg]gltl.tqlg.q.qbpy.eJqey=be =qqrn!!qe4!!.
the EIS analysis to reduce duplication and narrow the focus on potentiallv significant adverse
environmental impacts.
17.80.060 Revisions to Resort Master Plan.
o' s"ooe [q.!hsB !s,4q en.1 =tl=q{b,qr =MIB.
boundarv or zo+e-zoning ehar4e+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 Counly may approve an
amendment to the Comprehensive Plan only if all requirements of the GroMh Management Act
(Chapter 36.70A RCW) are tulfilled.(2) The CounW shall accept buildine permits onlv for proiects included in and consistent
Reso.t Murt", Plan shall be sub.itted to
the counw for approval prior to the acceptance ofan), proposal that is inconsistent with the
regulations.(3) Proposed revisions to the Resort Master Plan shall be submitted to the depa*men+
Department of eemmuniqrCommunit-y de+elepmentDevelopment (DCD) and the DCD director
will determine whether the proposal constitutes a major 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.
e Resort Maste. Plan may require minor
result in a substantial chanse to the intent or purpose of the Resort Master Plan in effect. A
chanse that satisfies the -following criteria shall be deemed a minor revision for pumoses of this
chapter:(a) Involve no more than a+e+-t]ve dtd!)=p=eJg.qql.i{r.c-rg4-s=jq..lLbs:qverallgIg=q!.Wqer..Q
(c) Do not alter the boundaries ofthe approved plan:
(d) Do not propose new uses or uses that modifv the recreational nature and intent of
the resort.
(e) Minor of the location of buildings:(f) Minor shiftine of oarkins areas:(e) Landscapinsl
ComnEnted [DWr4,5l: Per the PC md consistent with Port
Ludlow
Crmmtted [DWr47l: I,C wted "no additional impacs."
This is mnsismt wirh Ponludlow od SEPA leguge.
CommstEd [DWr/f8]: Consistqt with l7.Eo.oEo
Formatted: Indent: Left: 0"
Commenhd [DWJ42]: Per the Pc
ComrnGnhd [DWJ4irI: Per the I,c
Commented
Commonted [DWJ4sI: Per the IC
-8-
(h) Sewer and water facilities;(i) Timins of approved development.
A chanse to the Resort Plan may still qualif, as a minor revision under this section despite its
failure to satis& one or more of the conditions (a) through (dX.h)of this section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and
reviewed by the Jefferson Countv departmenlDepartment of eemmur+i{fCommunity
the Jefferson CounU Comprehensive Plan and other pertinent documents. Those proposals that
satis& the above-referenced criteria shall be deemed a minor plan revision and mav be
administratively approved (as a Type II decision under the land use procedures of JCC Title I 8.
Unified Development Code) by the director of the depa+*mem#Department of eemmunitv
Communitv develapmentDevelopment. Public notice of the anplication. the written decision. and
aopeal opportunities shall be provided to all persons or agencies 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 maior revision. subject to the
provisions outlined in JCC 17.80.080.
17.80.080 Maior revisions.
Revisions to the Resort Master Plan that will result in a substantial change to the resort
includine: changes in use. increase in the intensity ofuse. or in the size (in section 17.80.070 it
allows for a 5olo increase - seems contradictory). scale. or densitJr 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 Masler Plan.(l) Application for a Major Revision to the Resort Master Plan. An application shall be
orepared describins the proposed revision in relation to the aoproved Resort Plan and providing a
framework for review. analysis and mitigation of the revised development activitv proposed. The
Resort Plan revision nroposal shall include the following 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 existins resort
facilities of the MPR:(c) A descriotion ofthe design and functional features ofthe Resort Plan revision.
setting out how the revision provides for unified development. inteerated site design and
protection of nahral amenitiesl(d) A listing oforoposed additional uses and/or proposed changes to densit_v and
intensitv of uses within the resort. and a discussion of how these chanses meet the needs
environmental impacts associated with the proposed revision. includins an analvsis of the
cumulative imnacts of both the proposed revision and the approved Resort Master Plan.
and their effects on surrounding properties and/or public facilities:(fl A description ofhow the proposed Resort Plan revision is inteerated with the
overall Pleasant Harbor MPR and an), feafures. such as connections to trail systems.
CommenEd [DWJ49I: PerSaffudLegal. FSEIS is
@ntrolling
Commerbd [DU50]: Per the PC
-9-
natural systems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPRI(e) A description ofthe intended phasing ofdevelopment projects:
(h) Maps. drawings. illustrations. or other materials necessar.v to assist in
understanding and visualizine the design and use ofthe completed proposed
development. its facilities and services. and the protection of critical areasl
(i) A calculation ofestimated new demands on caoital facilities and services and
their relationship to the existing resort and MPR demands. includine but not limited to
transportation. water. sewer and stormwater facilities: and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are aoplied for.
(j) A description of how the proposed major revision ma), affect the Memorandums of
Understading (MOU's) as identified in the Development Regulations.(2) Major Revision Process. Major revisions shall be orocessed as a hearine examiner
decision (Type III). with a required oublic hearing prior to the decision. Public notice ofthe
application.fhe required public hearing. the written decision. and appeal opportunities shall be
provided to all persons
Berse*sor aeencies as required bv the land use procedures of ICC ftle-Chapter 18.40 Article
III. of thei.Unj.[qd Deleloprye$ Q=o.dg,.Aly.ptgposed;8=ajgttFyiqlql also illqtV!{rg.a.qhqge to
the boundaries of the MPR zone shall require a Comorehensive Plan amendment (a Type V
Ceountv Ceommissioners decision) prior to any decision on the Resort Plan amendment.(3) Decision Criteria. The hearing examiner ma], approve a major revision to the Resort Plan
only if all the followins criteria are met:(a) The proposed revision would further the eoals and policies set forth in the
Comprehensive Plan:(b) No unmitieated probable sienificant adverse environmental impacts would be
created by the proposed revisionl(c) The revision is consistent with all applicable development regulations. including
those established for critical areas:(d) On-site and off-site infrastnrcture (including but not limited to water. sewer.
stonn water and transportation facilities) impacts have been full), considered and
mitieatedl(e) The proposed revision complements the existing resort facilities. meets the needs
of residents and oatrons. and nrovides for unified development. integrated site desiBr.
and protection of natural amenities.
17.85.010 Limitation of oermit approval.
An MPR aoproved with a phasing plan shall be null and void if the applicant fails
to meet the conditions and time schedules specihed in the aoproved phasing plan. A new
development plan shall be required for anv development on the subject prope4y.
Specific development activities shall be subiect to the standards of the approved MPR
and the regulations in effect at the time of development permit application.
Ifphysical development ofthe MPR (or first phase thereofl has not been
commencid within the applicable time heriodf=ltrg!llB=qtr4l=-lE=qltlqggighs4
CommenEd IDWr5lt: Suff romoded. Rosrcr provision
removed.
Commenteal [MF52]: Do we wt to identiry a time limit to
sm development? (We had e issue with the IGla Sqwe BSP time
period which is why I 8.35.550 re added ro theJCC)
Commented [MF53R52]: Do we have m appel proesses that
need 10 be identifi€d ildlor referenced in this MPR Code?
-10,
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 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 fifstenly existing
officially desigaated 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 marina, resort and convention cenler. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's intemal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.(2) Pleasant Harbor Mari++an4GeH-Master Planned Resort. The Pleasant Harbor Marir+a
nn4GellMaster Planned Resort (MPR) is the second officiallv designated master planned resort
in the Counlv. The Pleasant Harbor MPR is desimated in accordance with RCW 36.704.360 as
a new master planned resort and is subjsct to the provisions of JCC Title 17 Article ll. The
Pleasant Harbor MPR as currently desisned is characterized by a eolfcourse resort facilitv south
of Black Point Road and a marina,iMaritime Village and associated housine north of Black Point
Road. The resort is predominatelv desi8aed 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 servine 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 on{:r-existing officially designated master planned resorts in the county arcis the Port
Ludlow MPRgudfhe 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
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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
36.704.360 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
36.704.360.
18.15.123 Allowableuses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
( I ) All residential uses including single-family and multifarnily structures, condominiums,
time-share and fractionally owned accommodations; providd such uses are integrated into and
support the on-site recreational nature ofthe master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent ofthe total resort
accommodation units.
3) Indoor and outdoor recrealional facilities and uses, including, but not limited to, golf
courses (including acc€ssory struchres and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature hails, bicycle
paths, equesfrian facilities, sports complexes, and olher 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 shopq art galledes, 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) @ructures 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.
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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 athact
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part ofthe resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and 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 t,?es 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 firther 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, andother components are integrated into the
project site.
(0 A description ofthe environmentally sensitive areas ofthe project and the
meitsures 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 ofhow 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,
appropriatg or desirable for the support ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(D A desuiption 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
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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
(0 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 desigaation, 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 197-11-168.
(5) Self-Contained Development. All necessary $upportive 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 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 of the master plan shall be prepared to meet the requirements of JCC
18.15.126(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 (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meettherequirementof JCC 18.15.126(3) and 18.45.040. [Ord.8-06 g l]
18.15.132 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
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standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved" or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteri4 then the
application shall be denied.
(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 spac€, 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 desigq 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 infrastucture and seryice 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 ofthe 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 $ l]
18.15.138 Per**udle* Master Planned Resort.
The Per+tudlerv 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.
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