HomeMy WebLinkAbout043Michelle Farfan
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Michelle Farfan < MFarfan@cojefferson.wa.us>
Monday, March L3,2017 10:l-2 AM
Patty Charnas
Confidential - MF comments/edits to Pleasant Harbor Dev. Regulations.
working draft by MF comments 2 22 L7 Final Draft Staff Version l-2017
w_PC_changes_Staff_Comments_ Pleasant Ha rbor Zoning Code.docx
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
mfarfa n @co. iefferson.wa.us
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1
Here's the latest version with edits/comments..
PLEASANT HARBOR MASTER PLANNED RESORT
Title l7
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 Chaoters 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 b)Lthe short title "Pleasant Harbor MPR Code." Citations to these
regulations shall -be made usins 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 provides a mixture of visitor-oriented transient
accommodations. secondary homes. recreation. and supoorting commercial facilities.
I7.60.040 Additionalrequirements.
17.60.050 Aoplicabilitv.
The provisions ofthis title shall apply to all land luse actions and siting of infrastructure
including ovel water or in-water work to be conductedM
snd=stnr€n#eqtu[!.iq.tbg=hg.q!4glypllh.e=B! 'ea.qql.tl=el=bgr=\4=E!!eI=llEtllgC.B.S!94 e!.dgpi9!9=q=.o]!
the official land use map for Jefferson Countv. Washington.
17.60 060 Exemptions.
Commented [DWJ2]: ceneric per the PC
Comm€nted [DWJ3]: This is Tirl€ l7 Anicle 2
Commented [DWJ4! : Mmdatory
Commented IDWJ5I: Generic per the PC
Comlnented [DW]61: Adds p@ision p€r the PC
Cootm€nbd 0,lFU: Do rc wt to 8dd a swtion that speifia a
"qualified lad plama I idmtified in JCC 17.05.060?
3/6/17 Whst about "drons"
-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 reeulations including. but not limited to.
the-the Intemational Buildins Code (lBC). International Fire Code (lFC). International
Mechanicat Code (lMC). Washington State Energy Code. Unified Plumbing Code (UPC)eeun*
he shereline-Shoreline mManaeement
mester-Bre€ram Act (SMA). and the State Environmental Policv 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
eovernmental enti8 or a public or private utility or other county franchised utilities including
customary meter pedestals. telephone pedestals. distribution tansformers and temporary utilit-v
facilities required during buildine construction. whether any such facilitv is located underground.
or above-ground: but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-eround electrical substations. sewage pump
stations or treatment olants. or ootable water storage tanks or facilities. which shall require
conditional use approval in any zone where permitted:(2) Underground utilitv equipment. mailboxes. bus shelters. informational kiosks. public
bicvcle shelters. or similar structure or device which is found by the director of communitv
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:
p€rmitted in ell -en
Bubti€ risht ef wry if,€
afea:(5) Development consistent with a+he- Amended Marina Bindine Site Plan ?pp.royg4by the
County orior to adootion ofthis chapter.
all zones of the Master Planned Resort are lawful uses and may be continued in a manner
consistent with state law. Titles 15 and 18 of the Jefferson County Code and any other applicable
regulations or Ordinances.
fne previsiens eftn
others with an inter iefi€r
Fareet ther€o0, in€tud
I 7.60,130080 Enforcemen t
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 apply to an), alleeed
violation of Title 17. Article II" more commonly known as the "Pleasant Harbor MPR Code."
CommenEd [DWI7I: Refen to the existing Binding Sirc Plm
for the Mfina ed added per rhe PC
Commented IDWJ8]: Proper sequential numbering
Commented [DWJg]: More pr6ise p€r the PC
Comrnented [DWJ10]: Shffud L€gal agr@ to move this
section to the
Comment€d [DW]UI: Proper sequential
-2-
Chapter 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. I{-pre+ides+he
17.65.020 Permitted Uses.
(2) Short-term visitor accommodations. constitutine not less than 65yo ofthe total residential
units authorized by Ordinance #01-0 I 28-08. 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 (added 2/28/17) such as expresso stand. bakery. craft sales.
desiene4to serve the eenve*ienesneeds of nsersvisitors and employeesefln*asterolanned
resoe: and (d) recreation business and facilities (such as?) : (maybe this should be added under
(5) below)
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/sport courts. swimming pools. spe-seflri€€s-hiking trails. bicycle
paths. rooes courses. amphitheater. and other recreational uses consistent with the nature of
master Dlanned resortl(6) Waste water treatment facilities. including treatment plants. capture. storaee and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater:(7) Helipad for medical emersencies only:(78) Public water supply andrelated facilities:(89) Public facilities and services as defined in JCC 18.10.160:
(910) Utilities supportine the resort:
(*01l) Emereency services (fire. oolice. EMS):(lll2) Medical servicesl and
(13) Chapell and
Coorm€||hd UrlFl2l: "mtral reorf' may be onirsing since it
is in tho GR zone
Comrfl€nted
reference in I 8
[ItlFlitt: Do we wt to sdd "tim6h46" s
t5 1231
CommenEd [DWr14]: Delaed per the PC
Comtnented [DWJlsl: Per the PC. Consistent widl L'DCIt 10.200 Trilsient Accomodations.
Commented [MF16]: Do we wt to be more specific?
Commented IMF17t: Eduetional faciliti6 (shte omed) are
considered essential public purpose. What does this mean in relation
to the MPR? Should it be defined more?
Commenteal IDWJIEI: Per the PC. Appropriate, but not
ne@ssary.
Cnmmentcd [MF19tr What type of pemitting process, type I,
tr,m?
Commented [MF20R19]: what sbout prohibited uss? Home
businessG, cottage indstry, etc.
3-
shall be set back at least 205 (per paee 2-36 of FSEIS) feet from the Master Planned Resort
perimeter boundar.v lines. Additionalli,. h 25 foot setbackliqlEqqilgd=tp,$=!trs=Qpg!.gpg99
Reserve zone to the adlacent Golf Resort zone snd.€So€ent+4PR-zon€s within the MPR
17.65.030 Heiehtrestrictions.
addressed.. Undersround or imbedded parkins shall not be included in anv heieht calculations.
(added 2/28/17) The followins are exemot from the heisht restriction requirements: chimneys.
smokestacks. fire or parapet walls. ADA-required elevator shafts. flagpoles. utilit-y lines and
poles. skyliehts. communication sending and receiving devices. FVAC and similar equipment.
oublic water towers or tanks. and spires associated with places of worship.
boundary. Minimum buildine setback from State Route l0l right-of-way is 50 feet. Minimum
setback from Black Point right-of-way is 20 feet.
A minimum setback of 25 feet is required from the OSR zone to any proposed development (re-
word).
Added 2/28117: Do we want to add laneuaee reearding the 25 foot MPR setback that it should
remain naturally vegetated and replanted if vegetation is dead or dying?
All buildines not attached or havins common walls shall be separated by a minimum
distance of 10 feet. as measured from foundation to foundation.
(BoCC v- In keepine with an aporoved landscaoing and grading plan. and in order to satisft the
intentofJCC 18.15.135(6).andwithspecial emphasisattheMaritimeVillaee.thebuildings
should be constructed and olaced in such a way they will blend into the terrain and landscaoe
with park-like ereen belts between buildines.
(BoCC y - As a best manaeement 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 public.
BoCC w - Construction of buildings within the MPR boundaries shall strive to preserve trees
that have a diameter of I 0 inches or greater at breast height (dbh). An arborist will be consulted
and the eround staked and flaeeed to ensure the roots and surroundins soils of significant trees
are orotected during construction. To the extent possible. trees ofsisnificant size (i.e. l0 inches
Comrnented [DWr2U: Per the PC. 50 feer is consistent with
Port Ludlow Code, Appli@t prcposed 80 feet but allos buildings
to ex@d 35 f€t with Fire DistIicl approval.
Commcnrted [DWl22] : For accumcy.
ComtnCnEd [tlFZlI: Wher€ did this 8dditioml 25 f@t setback
come from?
-4-
or more in diameter at breast height (dbh) that are removed during construction shall be made
available with their root wads intact for possible use in salmon recovery proiects.
BoCC z - Developer shall use the International Dark Skv Association (IDA) Zone E-l standards
within the boundaries of the MPR.
3/6/17: FSEIS (oage 1-24) (BoCC cond 63i) - Anv study done at the project level pu8rsuant to
SEPA (RCW 43.2lC) shall include a distinct report by a mutually chosen environmental scientist
on the impacts to the hvdroloev and hvdroeeolosy of the MPR location of the developer's
intention to use one of the existing kettles for water storage. Said report shall be peer-reviewed
by a second scientist mutually chosen bv the developer and the countv. The developer will bear
the financial cost ofthese reports.
3/l/17: FSEIS (page 3.1-9) suegests that "A site specific eeotechnical evaluation ofany
structure. utility. or roadway located within 100 feet ofthe landslide hazard area at the southern
portion of the site will be required. (Maybe we should add this in and include stormwater too or
say something like "any development or land disturbance within 100 feet of the landslide hazard
area at the southem portion of the site shall require a geotechnical report.")
Chapter 17.70. Open Space Reserve (MPR-OSR )
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide a natural vegetative 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 ?t30 feet from the ton of the bank as measured under Chapter 18.22 JCC.
whichever is greater.
A minimum setback of 25 feet is required from the OSR boundary to any proposed develooment
within the GR zone.
Vegetation shall not be removed limbed. or trimmed. Evergreen hees and understory should
remain undisturbed. Developer shall infill trees where aporopriate. Dead and/or dvine veeetation
shall be replanted that imoroves habitat for sensitive and/or locally important species.
17.70,020 Permitt
The follewing uses ffe
H€vet€pm€n{€hlq:-ffid
orblufleresien=
{1) Ddu€afenet ffld hte iens
lr""tr. e *t"trn
Commented [MF24 ]: Maybe we should keep #l in. There are
existing rphalt roads, @p sits, & hil from the old @p ground
that will be removed md revegetlted.
€ommented Per the PC.
-5-
Chapter 17.75. Marina - Maritimd Vilhee (MBR-MJ)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
I ma+in+Marina hnd Maritime Village bofipn.o.tltrf .tqlg4.q{r4.qqlrqqdjlg=cpqulgl!ry,=aql!
l ion..
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:(l) Marina and overwater structures as approved through the Jefferson Countv Shoreline
Master Proeram and associated resulations Chapter 18.25 JCCI
facilities. including open parking lots. restaurants and shops. as well as marine service facilities.
marina office. yacht club and recreation facilities servins the resort and the Marina:(4) Accessory uses and structures. such as garages. carports. storage buildings and similar
structures supoorting marina and maritime village uses. fuel service and parking:
(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to
tennis courts. swimmins pools. marinas. hikinq hails. bicycle paths. ropes courses, game center
and other recreational uses consistent with the nafure ofmaster planned resort.:(6) Utilities supporting the resortl
(10) Medical services: and
(3/6/17: Page 3.5-6 ofFSEIS states: "All fueling operations shall be brought up to cunent codes
and protection aeainst leaks and unauthorized discharees shall be provided as part ofnay permit
issued for work on the marina side ofthe resort. This is the first prioritv for the project. Fueling
permits for facilities shall also reguire a fueling plan approved by the local Fire Code official as
at the marina or Maritime Villaee."
3/6/17: HMP (2012) - Accordine to the FEIS. as part of a resoonse plan to the tunicates. WDFW
contacted the applicant and the current marina owners to discuss the opportunity for partnership
in addressing tunicate. Currently. aoproximatel),40 percent of the existing docks within the
marina are wooden or have Styrofoam billets that are not conducive to beine power washed to
remove tunicates. ln order for this eradication plan to achieve success. the wooden and
Stvrofoam-billeted docks need to be replaced with concrete Eockd,
Comnr€nted [DWr26]: For accumcy.
Comnrented [MF30]: This is considered a public purpose
facility - what tpe of review proces - I, II, or ltr? What type of
review proes for all "pemitrcd uss?"
Commented [MF31]: This sems vague
Comm€nted [DWr32]: Per the PC.
Commented For accuncy.
Commented [MF28]: I believe there is e existing B&B lo€ted
within the Water Touch Shoft Plat lo@ted within this zone.
Comrnented [DWI29I : Accuarc.
Commented [MF33]: Should we add the lst sentence to th$e
and
Commented
d@k be
-6-
Should we add lmguage requiring the
17.75.030 ProhibitedUses.
Float planes and float plane docks are prohibited. Aerial access is limited to helicopters
for emergency medical purposes onl)r.
ORV and ATV parks?
17.75.030040 Heieht restrictions.
No buildings within the MPR-MV zone shall be erected enlarged or structurallv
modified to exceed 35 feet in height as measured by IBC standards except for the Condo-
tel/conference center with terrace lofts and the Maritime Village. Undereround or imbedded
parkine shall not be included in anv height calculations.
I 7.75.04e050 Bu lk and be*siaruetbac k lreq u irement*
There are no yard or setback provisions internal to the MPR-MV zone. (Added 3/l/17)
All structures shall be set back at least 25 (per page 2-36 of FSEIS) feet from Master Planned
Resort boundarv lines and adiacent MPR zones. Minimum building setback from Hiehwav l0l
risht-of-way shall be 50 feet. Minimum buildins setback from Black Point Road rieht-of-way
All buildines not attached or having common walls shall be separated by a minimum
distance of I 0 feet. as measured from foundation to foundation.
Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resort develooment.
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 appllr 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 annually
collect water qualitv monitoring data from the state water qualilv samplins station at Pleasant
Harbor and submit a summary water qualitv report to the County. In the event that water quality
shows any sign of deterioratiorL the CounB shall consult with the resort. the local residents. and
the State (both Washington State Department of Health and Washineton Department of Fish and
Wildlife) concerning the source of the chanee. The resort permits shall require the resort to
implement any mitigation measures determined necessary by the County to alleviate any water
qualitv issues emanatins from the resort oroperties. (oage l-28 FSEIS)
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of 890 residential units
provided. however. short term visitor accommodation units shall constifute not less than tha*65
Commented IDWJ35]: A*unte.
Commented IDWr36l: Corstron.
7-
17.80.030 [ese++MasterFhn
The Rese+tMaster Plan for Mevelopment of properties within the Pleasant Harbor
MPR means-includes the regulations. requirements. demitiesan4+ses Final Environmental
I7.80.040 Permit orocess for resort hevelooment(l) A project-level supplemental environmental impact statement (SEIS) analyzing
development under the Resort Plan is reouired prior to issuance ofbuildins permits for anv new
resort development. The applicant may choose to develop a new environmental impact
procedures ofJCC Title 18.
Commented UtlF3Tl: FSEIS and Devclopment Agreement st
79,000. Cs this be made to u even 80,000?
@mmented [DWJ3E]: Approved under O.d. but Altemative #3
stat6 56,608.
Comnrented [DWJ39]: Per JcC l8.l 5.126
CommenEd [DW]IO]: Redwdant.
Commented Per the PC
impose mitisating conditions or issue a denial of some or all of the ResorlMaster Plan based on
the environmental review and using authority provided pursuant to the State Environmental
Policy Act. Chaoter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the
permit process for resort development.(5) Felle,xing-Upon completion of the SEIS. buildine permits may be issued -followine
appropriate plan review. for prol:cts analyzed in the SEIS.(6) Actual resort development mav be undertaken in phases. but onlv followins completion
ofreview and approval ofa full resort buildout master plan throush the SEIS process. A ohasine
approximate elevations. sections. and floor plans are+eeui+ed-+o*€yer-to ensure that the S.EIS
SEPA review process anal-vzes] itlld.gplli4gls.pl-i-_epJ:lev,El,Cg.t3il.s...(4) The depa*menlDepartment of eemmu*itrCommunity de+eloBmenlDevelopment mav
17.80.050 Environmental review forResortsresort Plan-development.(l) All project level applications will be Fiven-sn-sutometicpresumed to meet the threshold
for a SEPA threshold Determination of Sienificance. except where the SEPA-resoonsible official
determines that the application results in only minor eenstruetienimpacts. AE[$or-SEIS-is-net
requi+ed-i{elhxisting environmental documents may mav-be adopted under SEPA iCf those
documents meet SEPA and JCC requirements to adequately address environmental eendifie+s
i*pu.t, -d -y, iti gution @, gJ.4...
Commented
Commented [DWJ42]: Perthe PC
Commented ArchitectuEl drawings are typically to
differmt DCD andnwings.requir6
submittals.
Commented [DWJ44]: Per the PC
Comrnented [IrlFtlli]: Sems onmdidory. Need a phNing
plm 6 part ofthe SEIS proces or the phroing schedule m be
developed later. What is the rmon(s/boefits for submitting it ar a
Ple?
-8-
(2) The scope ofan SEIS oreoared 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 application may raise. The scope
shall not change the standards ofapnroval, however. as set forth in the development aqreement
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 utility systems. including sewer
and water svstems and the results of required monitoring. The effectiveness of such monitoring
shall be evaluated. Supplements or changes to the monitoring and reportine systems shall be
considered if necessary to ensure that water qualitv and water supply are adequately protected
"lop."nt *ithin tlr. Pl.*urrt H*bo, MPR i*rhull
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 aHan ]devglgpmglrl tpplicalion is submittgg.=Elements.noted Ehve may be combined iq
the EIS analvsis to reduce duplication and narrow the focus on potentiallv sigrrificant adverse
environmental impacts.
17.80.060 Revisions to Resort Master Plan.
or r.op" [g=!t p Plg.asq+t HqfUor.MBn
boundarv or zene-zoning ehanres-within the MPR shall require a Comprehensive Plan
amendment and related zonins 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 Crrowth Management Act
(Chapter 36.704 RCW) are tulfilled.(2) The CounW shall acceot building permits only for projects included in and consistent
Reso.t Murte. Plan shall be sub.itted to
the county for approval prior to the acceptance ofany proposal that is inconsistent with the
Resort Master Plans set forth in this title. Upon approval of a revision. all subseouent
develooment oroposals shall be consistent with the revised Resort Master P.lqrLqrld. dgy.qloptr.l.e=!!.
reeulations.(3) Prooosed revisions to the Resort Master Plan shall be submitted to the d€Eafrm€nt
Department of eemmu*itrCommunity develepmentDevelopment (DCD) and the DCD director
will determine whether the proposal constitutes a major or minor revision. Upon makine 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.
The Rerort Must.. Pla, may r"qui." .iro,
chanees to facilities and services in response to changins cgnditions or market demand.4em€nd
ingf lg.yiEl.o.r=ls,4I9thos,q.t=b?t.d9.!=ol
result in a substantial change to the intent or purpose ofthe Resort Master Plan in effect. A
chanse that satisfies the -following criteria shall be deemed a minor revision for purposes of this
chaoter:
Commented [DW]47]: Per the PC
Commented [DWJtl8]: Per the PC
Commenbd [DWl49]: Acumcy
Conrrented [DWJSO]: Perthe PC
-9-
(a) Involve no more than aten-five fi41)pgJgglrli{rg=tqqqq=iq.ltrg.q.vgpllggqg.gqgqrg
(c) Do not alter the boundaries ofthe approved plan:
(d) Do not propose new uses or uses that modify the recreational nature and intent of
the resort.(e) Minor shiftins nfthc locafinn nf hrrildinos'
(fl Minor shiftine of parkine areas:
(e) Landscapinel
(h) Sewer and water facilitigs;(i) Timine of approved development.
A change to the Resort Plan may still quali8 as a minor revision under this section despite its
failure to satis& one or more of the conditions (a) tfuough (dXh)of this section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and
reviewed by the Jefferson Coun8 deoaftn*enlDeoartment ofeon*mu+i$r-.Communitv
Commented [DWJ51]: Per the PC and consistent witi Pon
Ludlow
Comrnented [DWr52l: PC wted "no additional impam."
This is onsistent wit.lr Pon Ludlow md SEPA loguage.
CommenEd IDWJ53]: Consistf,t with 17.80.080
FomatEd: Indent: Left: 0"
ComrnenEd [DWJ54]: Per Sr!ffsd Legsl. FSEIS is
controlling
develeoment-Development to determine if the revisions are consistent with the existine Resort
Mastei Plan. sad+€sort+-knthe 2015 FEEl!=q44.pgbfsqug[!=e.Utirgt!]g.q!q!*hpggl.q!qlgl:1gttq,
the Jefferson County Comprehensive Plan and other portin€nt documents. Those proposals that
satis& the above-referenced criteria shall be deemed a minor plan revision and may be
administrativelv approved (as a Type II decision under the land use procedures of JCC Title I 8.
Unified Development Code) by the director of the depar+ment-Department of eemmu*if
Community devel,epmentDevelopment. Public notice of the application. the written decision. and
appeal opportunities shall be provided to atl persons 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 Maiorrevisions.
Revisions to the Resort Master Plan that will result in a substantial chanee to the resort
including: changes in use. increase in the intensity ofuse. or in the size (in section 17.80.070 it
allows for a 57o increase - seems contradictory), scale. or densitv of development: 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
Eepared describing the oroposed revision in relation to the approved Resort Plan and providing a
framework for review. analvsis and mitisation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:
(a) A description of how the revised Resort Plan would further the goals and oolicies
set forth in the Comprehensive Plan:(b) A descriotion of how the Resort Plan revision complements the existine resort
facilities of the MPR:(c) A description ofthe desim and functional features ofthe Resort Plan revision.
settins out how the revision provides for unified development. intesrated site desim and
p!'otection of natural amenities:
-10-
(d) A listing ofproposed additional uses and/or proposed changes to densitv and
intensitv ofuses within the resort. and a discussion ofhow these changes meet the needs
environmental impacts associated with the proposed revision" including an analysis of the
cumulative impacts of both the proposed revision and the approved Resort Master Plan.
and their effects on sunounding properties and/or public facilitiesr(f) A description ofhow the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and any features, such as connections to trail sygtems.
natural systems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:(g) A description ofthe intended phasine ofdevelopment projectsl
(h) Maps. drawings. illustrations. or other materials necessary to assist in
understanding and visualizine the desisn and use ofthe completed proposed
development. its facilities and services. and the protection ofcritical areas:(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existine resort and MPR demands. includins but not limited to
transportation. water. sewer and stormwater facilities: and a demonsfation that sufficient
facilities and services to suoport the developmsnt are available or will be available at the
time development permits are applied for.
0) A description of how the proposed maior revision may affect the Memorandums of
Understading (MOU's) as identified in the Development Regulations.(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III). with a required public hearine prior to the decision. Public notice ofthe
application. [he required public hearine. the written decision and appeal opportunities shall be
provided to all persons
perse+sqr aeencies as required by the land use orocedures ofJCC Ti+le-Chapter 18.40 Article
III, of thq Uniflied PevelgpmgolQgde. .Aly.p.roposed major revision also involving.a.change !g
the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V
Ceountv Ceommissioners decision) orior to any decision on the Resort Plan amendment.(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan
only if all the following criteria are met:(a) The proposed revision would further the goals and policies set forth in the
Comorehensive Planl(b) No rmmitigated probable significant 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 infrastructure (includine but not limited to water. sewer.
storm water and transportation facilities) impacts have been fully considered and
mitieatedl(e) The proposed revision complements the existing resort facilities. meets the needs
of residents and patrons. and provides for unified development. integrated site design.
and protection of natural amenities.
Commented [DWJ55]: Per the PC
Commented [DWJ56]: Staff recomended. Roser provision
removed.
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17.85.010 Limitation of permit aoproval.
An MPR approved with a phasine plan shall be null and void if the applicant fails
to meet the conditions and time schedules specified in the approved phasine plan. A new
development plan shall be required for any development on the subject oropeqv.
Specific development activities shall be subiect to the standards of the approved MPR
and the reeulations in effect at the time of development permit application.
t2-
Commented Do we Mnt to
m added the
CommenEd [tlF58R57]: Do we have u appal processes that
ne€d to be identified ed/or referenced in this MPR Code?
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 seffing of significant natural amenities. A resort may include other
residential uses, but only ifthe residential uses are integaled into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifgtenly 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 reshictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.(2) Pleasant Harbor Marina-and{.ie}lMaster Planned Resort. -I'he Pleasant Harbor Madna
nndGellMaster Planned Resort (MPR) is the second officially desimated master olanned resort
in the Count-y. The Pleasant Harbor MPR is desisnated 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 currcntly designed is characterized bv a eolfcourse resort facility south
of Black Point Road and a marina./Maritime Villaee and associated housing north of Black Point
Road. The resort is oredominately desimed to serve resort and recreation uses and has only
limited full-time occuoancy. 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 restictive than the requirements in JCC Title 17. However.
Jefferson CounU 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 en+€xis+ing officially designated master planned resort! in the county qgis the Port
Ludlow MPR-and the Pleasant Harbor provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding desigaation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
oertaining to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a
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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 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 plaffied resort classification authorized in
compliance with RCW 36.704.360:
(l) All residential uses including single-family md multifamily 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 shuctures 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 (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 gzls 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 plarmed 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.
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f 8.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
( I ) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will 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 modmum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
ofthe resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development tlpes and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, suporior 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 desoiption of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A desoiption of how the MPR relates to surrounding properties, and how its
design and.urrmgement 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 ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.(i) A description ofthe intended phasing ofdevelopment ofthe projec! 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 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) Permiffed uses, densities and intensities ofuses, and building sizesl
(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 36.708.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment, A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements ofJCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter I 8.1 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 arnendment 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 mastff 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 aod 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.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 comty commissioners and the following:
(l) A draft ofthe master plan shall be prepared to meet the requirements ofJCC
l 8. r 5.126( 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
meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ l]
18.15.132 Decision-makingauthoriQ.
(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
I8.40.040, 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 space, and sufficient
services such as hansportation 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 neeessary 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 nafural feafures, historic
sites, and public views.
(7) All on-site and off-site infrasfucture and service impacts have been fully considered and
mitigated.
(8) Improvanents 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 $ l]
18.15.138 P€{++{dler# Master Planned Resort.
The Pefr4udlerv 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.
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