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HomeMy WebLinkAbout050Michelle Farfan From: Sent: To: Subject: Attachments: Michelle Farfan < MFarfan@cojefferson.wa.us> Wednesday, March 22,20L7 12:10 PM Patty Charnas Confidential Working Draft of Pleasant Harbor Development Regulations (lncludes Planning Commission, David Alvarez and David Johnson edits) working draft by MF comments 2 2217 Final Draft Staff Version l-2017 w_PC_changes_Staff_Comments_ Pleasant Harbor Zoning Code.docx Hi Patty: Here's the latest draft for your review, Let me know when you'd like to get together and discuss, Regards, 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 rfa n efferson. 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 ComnrqtCd [MFU: Do re Eit to add a sstion that spcifiG r "qulified l6d plmeras idqtified in JCC 17.05.060? 3/6/1 7 whrr about "drcn6" 17.60.040 Additionalreouirements.I r.,i. h'ti.rqhitr4lj=ep=C.Iitte=lp,sf=tteJstfqrpsgI orr o;.r.*;af ilt-Artl;i; ;;;;;aili;;:nrn PLEASANT HARBOR MASTER PLANNED RESORT Title 17 MASTERPLANNED 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 adonted mrrsurnt to Cllranlers T(t 7O and 6 70A RCW and Tirle l S 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 regulations 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 Master Planned Resort. The MPR provides a mixture of visitor-oriented transient accommodations. secondary homes. recreation. and supportine commercial facilities. 3/2 l/l 7 - Bocc x: Developer shall use the LEED (Leadership in Enerev and Environmental Design) and "Green Built" ereen building ratins system standards. These standards. applicable to commercial and residential dwellings respectivel),. "promote desisn and conshuction practices that increase profitabilitv while reducins the negative environmental impacts of buildines. and improving occupant health and well-beine." Commented [DWJ2]: Generic per the PC l- Commented [DW,3I: This is Tnle l7 Article 2 Gomrnenhd [ttlF4l: Do w wt to include Title 8, ' Il@lth and Ssfety"? Comrr€nted [DWTSI: Mmdabry Comm€nt€d [DWl6]: Genenc per the PC I 3/21l17: Bocc z - Developer shall use the Intemational Dark Sky Association (lDA) Zone E-l standards. These standards are recommended for "areas with intrinsically dark landscapes" such as national parks. areas ofoutstandine natural beautv. or residential areas where inhabitants have expressed a desire that all light trespass be limited. 3/21117 - Local employment and construction material. Developer will advertise and give written notice at libraries and post offices in East Jefferson Countv and recruit locally to fill opportunities for contractine and emoloyment. Developer shall prioritize the sourcine of materials from Jefferson CounW to develop the Pleasant Harbor MPR. Nothing in this section shall reouire that developer utilize materials or labor from Jefferson Counry that are not of comparable price or ouality to their counterparts outside of Jefferson County. FSEIS oaee l-50) - Developer shall provide a back-up electrical power supply to the resort to ensure continued operation of emergency systems and water supplv durinq anv outage. I7.60.050 Applicabilitv. lhe prwisions of this title shall apply to all land luse actions and sitine of infrastructure the official land use map for Jefferson County. Washinston. 17.60 060 Exemptions. The followine structures and uses shall be exempt from the reeulations of this title. but are subject to all other applicable local. state and federal regulations including. but not limited to. the-the Intemational Buildins Code (lBC). International Fire Code (lFC). International Mechanicat Code (IMC). Washington State Enerqy Code. Unified Plumbing Code (UPCk€unry e shereliae-Shoreline mManagement mas+er?re€rem Act $MA). and the State Environmeltal Policy Act (SEPA). (l) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for the distribution to consumers of teleohone or other communications. electricitv. gas. or water or the collection of sewage. or surface or subsurface water operated or maintained by a governmental entit-v or a public or private utilitv or other county franchised utilities including customarv meter pedestals. telephone pedestals. dishibution transformers and temporary utility facilities required during buildine construction. whether an), such facilitv is located underground. or above-sround: but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations. sewage pump stations or treatment plants. or ootable water storage tanks or facilities. which shall require conditional use approval in any zone where permittedl (2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. oublic bic),cle shelters. or similar structure or device which is found b), the director of communitv develooment to be aopropriately located in the public interest:(3) Minor construction activities. as defined by the IBC. Section 106.2 and structures exempt under Chapter 15.05 JCC. as amendedl Comnr€nted Adds the PC -2- 17.60"[100701 Preexistine uses and structures. .ry!rnql'.-=fqside{'!et lanC. qtts. 9,t'd sqllq.tures. !!. pubtie right of wal'er ing tEe&(5) Development consistent with elthe- Amended Marina Bindins Site Planhpp,rgygd,bJ.tE County prior to adoption ofthis chapter. Comriented [DWJ8]: Referc to the existing Binding Site Plan for the Marina md added per the PC CommentCd [DWJIU: St8ffed Logal 8gr@ to move this section to the Development Agreemfit. Commented IDwJ12]: Commented iltlF13l: "entr"al reon" may be confusing since it is in the GR zone Commented [ilF14]: Do we mnt to add "timeshares" 6 reference in I 8 15.1 23? CommenEd [Dwrls]: Delaed per the PC Commented [DWJ16]: Per the PC. Consistent with LrDC I 8. I 0.200 Trusient A@mmodations. Comment€d [MF17]: Do we unt to be more specific? all zones of the Master Planned Resort are lawful uses and mav be continued in a manner consistent with state law. Titles I 5 and l8 of the Jefferson County Code and any other applicable regulations or Ordinances. fne previsiens ef t ethers with an int ien-or eare€l *tereeoi in€lu I 7.60.{30080 Enforcement The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the Jefferson County Code as currently enacted or as hereafter amended shall apply to any allesed violation of Title I7. Article II. more commonly known as the "Pleasant Harbor MPR Code." Chapter 17.65. Golf Resort (MPR-GR) 17.65.010 Purpose. The MPR-GR zone provides residential and recreational facilities. as well as commercial (2) Short-term visitor accommodations. constituting not less than 657o ofthe total residential units authorized by Ordinance #01-0128-08. including. but not limited to hotels. motels. lodges. facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associated with such uses: (c) on-site retail services (added 2/28/17) such as exoresso stand. bakerv. craft sales. real estate/orope4v management office. convenience store?. salon and spa services. and other similar visitor oriented amenities desi*ne*to serve the een+e*ienee-needs ofnsers-visitors and employees-eFmaster-elanned resert: and (d) recreation business and facilities (such as?) : (maybe this should be added under (5) below) Commented IDWJ9I: Proper sequential numbering Commented [DWJ10]: More precise per the PC -3- (4) Cultural and educational facilitiedblqJ!=tqI4t=lIrSlrr4ipe.=U4.pg!.1=i=r=njlgd=!9,j=r=rlgprg!gIyq displays of local Native American ties to and uses of the are4=q=t=gp]lg.ti=E!,.q{r4,ir,rdggtglggtlggl. 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. soccer field,+pase++iees.-hiking trails. bicycle paths. ropes courses. amphitheater. and other recreational uses consistent with the nature of master planned resort:(6) Waste water heatment facilities, including treatment plants. capture. storase and transmission facilities to serve a reuse/recvcle orogram for on-site heatment and use/reuse of waste water and stormwater:(77) Public water supply and related facilitiesl(88) Public facilities and services as defined in JCC 18.10.1601(99) Utilities suoportine the resort: (*010) Emergenc), services (fire. oolice. EMS):(lll l) Medical services: and (12) Chapel: and ({213) Other similar uses consistent with the purpose of this zone and MPR as determined by the 17.65.030 Heieht restrictions. addressed., Underground or imbedded parking shall not be included in an), height calculations. (added 2/28/17) The followine are exempt from the height restriction requirements: chimneys. smokestacks. fire or parapet walls. ADA-required elevator shafts. flagpoles. utility lines and poles. skylights. communication sending and receivine devices. FVAC and similar equipment. oublic water towers or tanks. and spires associated with places of worship. 17.65.040 BulkandHensi*-setbackirequirements. There are no vard or setback orovisions internal to the MPR-GR zone. All structures Reserve zone to the adjacent Golf Resort zone and+djaeentMPR-zenes within the MPR CommenEd []tlF18]: Eduotional faciliti6 (sute oMed) are considered essential public purpose. What d6 this mq in relatiod to the MPR? Should it be defined more? Comntented [DWJf9I: Per the PC. Appropriate, but not n@ssary. Comm€nEd [ilF2O]: What type of pemitting process, qrpe I. I[m? Commented UtlF21R20]: what about prohibited u*s? Home buinese, cotage indutry, etc. 50 isfet witiconsisbnt feet80 but allom buildings Comlflent€d [DWJ23] : For accuocy. Commented [MF24]: Where did this additional 25 foor setback come fom? -4- Comtnented Per the PC. Pon proposed to exced boundary. Minimum building setback from State Route 101 right-of-way is 50 feet. Minimum setback from Black Point Road rieht-of-way is 20 feet. A minimum setback of 25 feet is required from the OSR zone to any proposed development (re- word). Added 2/28/17: Do we want to add language regarding the 25 foot MPR setback that it should remain naturally vegetated and replanted if vegetation is dead or dying? 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 satis& the intent of JCC 18. 15. 135(6). and with special emphasis at the Maritime Village. the buildines should be constructed and placed in such a way they will blend into the terrain and landscape with oark-like green belts between buildings. (BoCC y - As a best management practice for the olrcration 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 l0 inches or ereater at breastheieht (dbh). An arborist will be consulted and the eround staked and flagged to ensure the roots and surrounding soils ofsisnificant trees are protected during construction. To the extent possible. trees ofsierrificant size (i.e. l0 inches or more in diameter at breast heieht (dbh) that are removed durine construction shall be made available with their root wads intact for possible use in salmon recoverv proiects. BoCC z - Developer shall use the International Dark Sky Association (lDA) Zone E-l standards within the boundaries of the MPR. 3/6/1 7: FSEIS (paee l-24) (BoCC cond 63i) - Any study done at the project level pu rsuant to SEPA (RCW 43.2IC) shall include a distinct report b), a mutually chosen environmental scientist on the impacts to the hydrolog] and hydrogeoloKv of the MPR location ofthe developer's intention to use one ofthe existins kettles for water storase. Said report shall be peer-reviewed by a second scientist mutuallv chosen by the developer and the county. The developer will bear the financial cost of these reports. 3/l/17: FSEIS (paee 3.1-9) suggests that "A site specific geotechnical evaluation ofany structure. utilitv. or roadway located within 100 feet ofthe landslide hazard area at the southern portion of the site will be reouired. (Maybe we should add this in and include stormwater too or -5- sav somethine like "anv develooment or land disturbance within 100 feet of the landslide hazard area at the southem portion ofthe site shall require a geotechnical report.") 3/13/17: BoCCi-AnvstudydoneattheprojectlevelpursuanttoSEPA(RCW43.2lC)shall include a distinct report by a mutuallv chosen environmental scientist on the impacts to the hydrogeolog.v of the MPR location of the developer's intention to use one of the existing keftles for water storaee. Said report shall be peer-reviewed bv a second scientist mutually chosen by the developer and the county. The developer will bear the financial cost of these reoorts. 3/20118: FSEIS. Paee l-22: The golfcourse proiect approval shall require the adoplfon ofbest management practices for the manaeement of stormwater on-site and the reuse of water as irrigation water. with a condition that the system demonstrate no direct discharge to Hood Canal or any stormwater from impervious or eolfcourse surfaces. and that the erass manaeement prosram include specific BMPs to assure proper management of all elements of the qolf course management system consistent with best available technologv for management in aquifer sensitive areas or its substantial equivalent. 3/22117: Post-construction monitoring of the created wetland will occur on an annual basis for a minimum of5 years and up to l0 years based on the success ofthe project. Chapter 17.70. Open Space Reserve (MPR-OSR ) 17.70.010 Purpose. The purpose of the MPR-OSR zone is to orovide 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 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. A minimum setback of 25 feet is reouired from the OSR boundary to any proposed development within the GR zone. GSEIS paee 2-36) Vesetation shall not be removed limbed. or trimmed. Everereen trees and understory should remain undisturbed. Developer shall infill hees where appropriate. Dead and/or dyins veeetation shall be replanted that improves habitat for sensitive and/or locallv important species. Public shoreline access from the MPR-OSR zone shall be prohibited. l7J0-920 Permitte e+blufferesie+ f3t fneseuseseonsiste*w Com]flent€d [MF25]: Maybe we should kep r existing cphalt roads, mp sites, & tlail fiom the that will be removed md revegeuted. #l ia. There ue ,old mp groud -6- Commented [DW]261: Per the PC. Chapter 17.75. Marina - Maritimd Viuaqe (MPR-MV) 17.75.010 Puroose. provides theeentralsupport to the marina operations. 17.75.020 Permitted uses. The following uses are permitted in the MPR-MV: ( I ) Marina and overwater structures as approved throush the Jefferson County Shoreline Master Pro8ram and associated regulations Chapter 18.25 JCC: facilities. including open parkins lots. restaurants and shops. as well as marine service facilities. marina office. yacht club and recreation facilities serving t}e resort and the Marinal (4) Accessory uses and structures. such as sarases. caxports. storage buildings and similar structures supoortins marina and maritime villaee uses. fuel service and oarkine: (5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming pools. marinas. hikine hails. bicycle paths. ropes courses. eame center and other recreational uses consistent with the nature ofmaster planned resort.: (6) Farmer's markett (10) Medical services: and (3/6/17: Pages l-31 & 3.5-6 ofFSEIS states: "All fuelins operations shall be broueht up to current codes and protection against leaks and unauthorized discharees shall be provided as part of nav permit issued for work on the marina-side of the resort. This is the first prioritv for the project. Fueling permits for facilities shall also require a fuelins plan approved by the local Fire occupancy for work at the marina or Maritime Villaee." 3/6/17: HMP (2012) - Accordine to the FEIS. as part of a response plan to the tunicates. WDFW contacted the applicant and the current marina owners to discuss the ooportunitv for partnership in addressing tunicate. Currently. approximately 40 percent of the existing docks within the marina are wooden or have Styrofoam billets that are not conducive to being power washed to Commented [ilF29]: I believe there is an existing B&B l@ted withitr the Water Touch Short Plat lo@ted within this zone. Commented [DU30l : Accumte. Comnrented [MF3l]: This is onsidered a public purpose facility - what type of review pro6s - I tr, or III? What type of review pro6s for all "pemitted us6?" Commented IMF32]: This sems vague Commented [DWJ33I: Per the Pc. Comtnentcd [HFgl: Should we Edd the lgt senrcn@ to $6e development regs? Commented IMF35]: Should we add language requiring the docks be replaced md ifso by when? CommentGd [Dfvr27l : For accuBcy. Commented [DWJ2E]: For accumcy. 7- 3/21117: Boccaa-InfosterinetheeconomvofSouthJeffersonCountybypromotinetourism. the housing units at the Maritime Villaee should be limited to rentals and timeshares: or. at the very least. it should be mandated that each section be required to keep the ratio of 6570 to 35olo of rental and time-shares to permanent residences per JCC 18.15.123(2). 17.75.030 ProhibitedUses. (FSEIS oaee 2-42) Float olanes. float plane docks and services includine the sale of aviation fuel are prohibited. Aerial access is limited to helicopters for emereencv medical ourooses only. (FSEIS oages l-31 & 3.5-7) Cleaning of fish and sea life shall be prohibited within the controlled access areas ofthe marina. (FSF.IS naoes l-?'l ,t/ ? 5-7'l Frrel and transfer shall be nrohibited on marina floats. docks. piers. and storage lockers. (FSEIS oage 3.5-7) Notification and information (before harvesting shellfish) will be available at the proposed development at specific locations. such as the marina- Maritime Villaee. and Conference Center. (FSEIS paee I -3 I ) No storaee shall be permitted on docks. includine storaee of oily rags. open paints. or other flammable or environmentally hazardous materials except emergency equipment as aporoved in the Emergency Service MOU. (l think this means the FD MOU). 17.75.030040 Heisht restrictions. No buildinss within the MPR-NIV zone shall be erected enlarged or structurally modified to exceed 35 feet in heieht as measured by IBC standards except for the Condo- teVconference center with terrace lofts and the Maritime Village. Undereround or imbedded parking shall not be included in any height calculations. I 7.75,040050 Bulk a nd Eensiarsetbac k lreq u irem enJ.s. 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 (oer paee 2-36 of FSEIS) feet from Master Planned Resort boundar.v lines and adjacent MPR zones. Minimum building setback from Highway l0l right-of-way shall be 50 feet. Minimum building setback from Black Point Road rieht-of-wav All buildings not attached or having common walls shall be separated by a minimum distance of l0 feet. as measured from foundation to foundation. Chaoter 17.80. Pleasant Harbor Resort Develooment Commented I DWJ36I: Accurate. Commented Con@tion. -8- 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 an), fufure resort development. and provides processes for reviewing maior or minor revisions to the Resort Plan. These provisions applv to all resort and associated develooment within the Pleasant Harbor MPR. (Wasn't sure where best to put this language) The resort shall be required to annually collect water oualiw monitorins data from the state water qualitv sampling station at Pleasant Harbor and submit a summary water qualilv report to the Countv. In the event that water qualitv shows any sign of deterioration. the Countv shall consult with the resort. the local residents. and the State (both Washineton State Department of Health and Washineton Department of Fish and Wildlife) concernine the source of the chanse. The resort permits shall require the resort to implement any mitieation measures determined necessary bv the Countv to alleviate any water qualitv issues emanating from the resort properties. (paee l-28 FSEIS) 17.80.020 Develoomentcao. 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 F0[29-=QQ.d.qoqq{9. [eql.qlrg.sp4.q=og!r.,ErSiA!,,r.eJpi!, r,eqtqral{g]d pqlf=elqqgs.qpeqg..tqt i,}glUCtqg lobbies. foyers. hallways. reception areas andjntern*lepe+spaee?????. 17.80.030 Reser+MasterPla.n The Rese#Master Plan for f,rfi#e-develooment of prcp€rties within the Pleasant Harbor MPR mea$s-includes the rezulations. requirements. d€{+si+ie$an+r*ses Final Environmental gateg n ane appreveg Uy gr 17.80.040 Permit process for resort heveloomend. - _ ,__(l) A project-level supplemental environmental impact statement (SEIS) analyzing development under the Resort Plan is required prior to issuance of building permits for any new resort development. The applicant mav choose to develop a new environmental impact suf llcient details. includine a detailed site planMi+es showine approximate elevations. sections. and floor plans ar++eq*i+ed-+o*e+er-. to ensure that the SEIS SEPA review process analyzeJ=qd ggpli4g.r=q ptgjept:lgyp! dplqi.l+ Comnrented [Dwrall : Redudrnt. Commented [DWJ43]: Per the PC Commented [MF44]: Architectural drawings are typi@lly to a different sele thm mginered &awings. DCD requires an enginered sole for all submimls. Commenteal [DWJ45]: Per the PC orocedures of JCC Title 18. T3) A"t rul buildirre p".rrrit plrns or const uctio, d.a*irres **i-av not be required d,rine the but.,rb.itt"d --- commented IMF38I: FsErs and 79,000. Can this be madeto u even L Devclopm@t Agroemont sat 80,000? Comrnented [Dwr3gl: Approved under Ord. but Altemative #3 states 56,608. commented [Dwr4ol: Pq JCC 18. l 5. l 26 Comnrented []lF42l: Review type? -9- (4) The deBa*menlDeoartment of eommunitrCommunity develeBmenlDevelopment may impose mitieating conditions or issue a denial of some or all of the RoserlMaster Plan based on the environmental review and using authoritv provided pursuant to the State Environmental Policy Act. Chapter 43.2IC RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development.(5) Feller*in*Upon completion of the SEIS. building permits may be issued -following appropriate plan review. for projects analvzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only followine completion ofreview and approval ofa full resort buildout master plan through the SEIS process. A phasing 17.80.050 Environmental review forResertsresortPl*n-development. ".t th. thr"rhold lor a SEPA threshold Determination of Significance. except where the SEPA-responsible official determines that the application results in only minor eonstruetionimoacls. AE[$or$E[$.i+not ree*i+e4ifleEexisting environmental documents mav mqrbe adopted under SEPA iCf those documents meet SEPA and JCC requirements to adequately address environmental ee+ditior+s i mpacts and any m iti gation hq.qqt.fgtth jq.B,QW 4?- 2 ! 9,934..(2) The scope ofan SEIS preoared under this section shall address environmental issues identified in the Proerammatic FEIS issuedNovember 2007 & FSEIS issued December 2015. together with such additional reouirements as a proiect specific Elplication 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 utilitv element of any subsequent phase environmental review pertaining to the Pleasant Harbor MPR shall review information on all affected utility systems. including sewer and water systems and the results of required monitoring. The effectiveness of such monitorins shall be evaluated. Supolements or changes to the monitoring and reporting systems shall be considered ifnecessary to ensure that water ouality and water supply are adequately protected and imgacts to natural resources minimized.(4) An:v preliminary scope for future development within the Pleasant Harbor MPR is-shall be consistent with baseden-the deseribe4approved Resort Master Plan. Other elements. issues. and soecific levels of detail mav be included based on information available at the time the Resort aPkn Eple.lgo$Snt appllc.qtiglt .is sqb.nittSd. Elerypnts=tgt=ed .qbovp -.gtay.bg= =co$.b!ry4 !q the EIS analysis to reduce duplication and narrow the focus on potentially significant adverse environmental impacts. 17.80.060 Revisions to Resort Master Plan. o. s.op" lto th" Pl.*-t H*bo. MPR boundarv or zene-zonins €han€€$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 Count_v may approve an amendment to the Comorehensive Plan only if all requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are tulfilled. Commented [MF t6l: Sems contodiaory. Ned a phoing ple 6 part ofthe SEIS process or the phsing schedule can be developed latq. What is the reon(s/bmefits for submitting it at a latq date? Each phase must stand on its oM merits - Binding Site Plen? Comnronted [DWJ47]: Per the PC Commentcd [DWJtlSl I Per the PC CommenH [DWJ4gI: Per rhe PC -10- (2) The County shall accept building permits only for projects included in and consistent with the Resort Master Plan. A revision to the existing Resort Master Plan shall be submitted 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 development prooosals shall be consistent with the revised Resort Master FIq{r.gld dgy.q!gpg.r.e.!r! regulations.(3) Proposed revisions to the Resort Master Plan shall be submitted to the deoa*ment Department of eemmnniBrCommunitv Ce+elepmentDevelopment (DCD) and the DCD director will determine whether the proposal constitutes a major or minor revision. Upon makins a determination. the proposed revision shall follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.070 Minor revisions.(l) Minor Revisions. @The Resort Master Plan may reouire minor result in a substantial change to the intent or purpose ofthe Resort Master Plan in effect. A change that satisfies the -followins criteria shall b€ deemed a minor revision for purposes of this chapter:(a) Involve no more than a ten-five 4td!Ips.!Sp't'{ inc.rease iq the ovg{all srg!!=qqq4=rE (c) Do not alter the boundaries ofthe aporoved olan: (d) Do not propose new uses or uses that modi8 the recreational nature and intent of the resort.(e) Minor shiftins of the location of buildinss:(fl Minor shiftine of oarkine areas:(e) Lartdseapine;(h) Sewer and water facilitiesl (i) Timins of aoproved development. A change to the Resort Plan may still qualit as a minor revision under this section despite its failure to satisfu one or more of the conditions (a) throueh (dxh)of this section.(2) Minor Revision Process. Aoolications for minor revisions shall be submitted to. and reviewed bv the Jefferson CounU Ceoa*menrDepartment of eemmu+it]*-Community Commented [DM50]: Acunacy ComnEnted [DWr5U: Per the PC Commented [DW]52]: Per the PC and consistent with Port Ludlow Commented [DWJ53]: PC wted "no additional impacts." This is oosistmt with Port Ludlow ed SEPA language. Comnrented [DWJ54I: Consistdr with l7.Eo.oEO Fomatted: Indent: Left: 0" Comnrented [DWJ55]: Per Staffud Legal. FSEIS is conrolling CevelepmenlDevelopment to determine if the revisions are consistent with the existing Resort the Jefferson Countv Comprehensive Plan and other pertinent documents. Those proposals that satisfr the above-referenced criteria shall be deemed a minor plan revision and mav be administrativelv approved (as a Type II decision under the land use procedures ofJCC Title 18. Unified Development Code) by the director of the deps{+m€n+Department of €emmuniry Communitv develepmen+Development. Public notice of the aoplication, the written decision. and appeal opportunities shall be provided to all persons or agencies as required by the land use orocedures 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. -l l- 17.80.080 Maiorrevisions. Revisions to the Resort Master Plan that will result in a substantial change to the resort including: changes in use. increase in the intensity ofuse. or in the size (in section 17.80.070 it allows for a 57o increase - seems contradictory). scale. or densitv of developmentl 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 aoplication for a revised Resort Mastcr Plan.(l) Application for a Major Revision to the Resort Master Plan. An application shall be preoared describing the oroposed revision in relation to the approved Resort Plan and providing a framework for review. analvsis and mitigation of the revised development activity proposed. The Resort Plan revision proposal shall include the followine information:(a) A description of how the revised Resort Plan would further the goals and policies set forth in the Comprehensive Plan:(b) A descriotion of how the Resort Plan revision complements the existing resort facilities of the MPR:(c) A description ofthe desien and fimctional features ofthe Resort Plan revision. settine out how the revision provides for unified development. intesrated site desim and protection of natural amenitiesl(d) A listine ofproposed additional uses and/or proposed changes to density and intensity of uses within the resorl and a discussion of how these chanees meet the needs environmental imoacts associated with the oroposed revision including an analysis of the cumulative imoacts of both the proposed revision and the approved Resort Master Plan, and their effects on sunounding properties and/or oublic facilitiesl(fl A description ofhow the proposed Resort Plan revision is inteerated with the overall Pleasant Harbor MPR and aoy features. such as connections to hail systems. natural svstems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPk(g) A description ofthe intended phasine ofdevelopment projectsl(h) Maos. drawings. illustrations. or other materials necessarv to assist in understanding and visualizing the desien and use ofthe completed proposed developmenl its facilities and services. and the protection ofcritical areasl(i) A calculation of estimated new demands on capital facilities and services and their relationship to the existing resort and MPR demands. including but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are apolied for. (j) A description of how the proposed major revision may affect the Memorandums of Understadine (MOU's) as identified in the Development Reeulations.(2) Major Revision Process. Major revisions shall be processed as a hearins examiner decision (Type III). with a required public hearing prior to the decision. Public notice ofthe apolication. hhe required public hearing. the written decision. and appeal opportunities shall be provided to all persons perse+sor agencies as required by the land use procedures of JCC Title-Chaoter 18.40 Article Commented [DWJ56I: Per the PC t2- III, of thd=Uqlqs=C=Dsrsl-opsrsll9=o3=e.=4t=y=pr9pp!94q=r=ajpr=rsyiqiqlls!q9. irrrqlyilg=e=q!lq{rge !e the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V Ceounty Ceommissioners decision) prior to any decision on the Resort Plan amendment.(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan only if all the following criteria are met: (d The proposed revision would further the goals and policies set forth in the Comprehensive Plan:(b) No unmitigated probable significant adverse environmental impacts would be created by the proposed revision:(c) The revision is consistent with all apolicable development reenrlations. including those established for critical areasl(d) On-site and off-site inftastructure (includinE but not limited to water. sewer. storm water and transportation facilities) impacts have been fully considered and mitieated:(e) The proposed revision complements the existins resort facilities. meets the needs of residents and patrons. and provides for unified development. integrated site design. and protection of natural amenities. r7.85.010 of permit approval. An MPR approved with a ohasing plan shall be null and void if the applicant fails Com,nented [DWJ57!: Staff recommended. Roster provision removed Commented 0.lF58l: Do we mt to identit a time limit to start dselopment? (We had e issue with the Kala Squue BSP time period which is why 18.35.550 M added to the JCC) Commented [MF59R58]: Do we have an app@l processes r.hat need to be identified md/or referenced in this MPR Code? If physical development of the MPR (or first phase thereofl has not been commenced within the applicable time berio4.ltrgMIB=qtrglthq=glt=tq&U!ltrsd, l3- Title l8 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 signihcant natural amenities. A resort may include other residential uses, but only ifthe residential uses are integrated into and support the on-site recreational nafure ofthe resort. (l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The EfSle+ly existing officially designated master planned resort in the county is the Port Ludlow MPR, which is designated in accordance with RCW 36.70A.362 as an existing master planned resort and is subject to the provisions ofJCC Title 17. The master planned resort ofPort Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marin4 resort and convention center. The master planned resort of Port Ludlow also includes a large residential community. The entire resort is served by a village commercial center, which accommodates uses limited to serving the resort and local population. The master planned resort's intemal regulations and planning reshictions 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 reshictions.(2) Pleasant Harbor Marina-an*GollMaster Planned Resort. The Pleasant Harbor Marina a*dGelFMaster Planned Resort (MPR) is the second officially desimated master planned resort in the Countv. The Pleasant Harbor MPR is desiBnated in accordance with RCW 36.704.360 as a new master planned resort and is subject to the orovisions of JCC Title 17 Article Il. The Pleasant Harbor MPR as currently desiened is characterized bv a eolfcourse resort facility south of Black Point Road and a marina/l\4aritime Villase and associated housins north of Black Point Road. The resort is predominately designed to serve resort and recreation uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses serving the resort and local population. The master planned resort's intemal regulations and planning restrictions such as codes. covenants and restrictions mav be more restictive than the requirements in JCC Title 17. However. Jefferson Countv does not enforce private codes. covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The entr€rds+ieg officially designated master planned resort! in the county algis the Port Ludlow MPR and the Pleasant H , provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.704.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted oursuant to RCW 36.704.360 pertainins to new Master Plamed Resorts. Designation of any new master planned resorts pursuant to RCW 36.704.360 requires compliance with the provisions of this article and a -14- 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 ofnatural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational use, while bringing significant economic diversification and benefits to rural communities. The purpose of this article is to establish a mzrster 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 36.70A.360: (l) All residential uses including single-family and multifamily structures, condominiums, time-share and fractionally owned accommodations; provided, such uses are integrated into and support the on-site recreational nature 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 anduses, including, but not limited to, golf courses (including acc€ssory structues 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 ofthe master planned resort. (4) Campgrounds and recreational vehicle (RV) sites. (5) Visitor-oriented amenities, including, but not limited to: (a) Eating and drinking establishments; (b) Meetingfacilities; (c) On-site retail businesses and services which are designed to serve the needs ofthe users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master plarured 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. -l5- 18.f5.f 26 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 axea 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 ma:cimum 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 t)?es and location. (e) A descriptiorl with supportive information and maps, of the desigr and functional features that provide for a unified development, superior site design and protection of natural amenities, and which frrther the goals and policies of the Comprehensive Plan. This shall address how landscaping, scre€ning, and open space, recreational facilities, road and parking design, capital facilities, andother components are integrated into the project site. (0 A descripion 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 pursrant to the Shoreline Master Program. (g) A description ofhow the MPR relates to surrounding properties, and how its desiga and arrangeme,nt 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, appropriate, or desirable for the support ofthe development will be available, and that concrrrency requirements of the Comprehensive Plan will be met.(i) A desuiption of the intended phasing of development of the projec! if any. 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, conculrency, 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.a0.830(3) and RCW 36.708.170, the development agreements shall be prepared by the applicant and must set l6- 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.r70(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements ofJCC 18.45.040; provided, that the subarea planning process authorized under Article VII ofChapter 18.15 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 concufient with the review ofthe resort master plan and development agreement required for approval ofa 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 supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas in compliance with RCW 36.704'.1 10. 18.15.129 Applicationrequirementsandapprovalprocess. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of cotrnty commissioners and the following: (l) A draft of the master plan shall be prepared to meet the requirements of JCC r8.15.126(l). (2) A request for authorization ofa development agreement, pursuant to the requirements of JCC 18.15.126(2) andArticleXlof Chapter 18.40 JCC (DevelopmentAgreements). (3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ l] 18.15.132 Decision-making authority. ( I ) The planning commission, pursuant to its authority specified under JCC I 8.40.040 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 -17- 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) 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 fiansportation 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 inthe desigrS 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 infrasEucture 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 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.f 5.f 38 Pe**udle* Master Planned Resort. The Pe+tudleu* 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. - 18-