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Patty Charnas < PCharnas@cojefferson.wa.us >
Monday, June 19, 2017 3:00 PM
Philip Hunsucker
2017 06 05 Final Draft StaffVersion of Development Regulations 6-2017 PAO
Comments - DRAFT_plcedits
2017 06 05 Final Draft StaffVersion of Development Regulations 6-2017 PAO
Comments - DRAFT_plced its.docx
1
6t5t17
Title 17, Article l, Port Ludlow MPR
Chapters 17.05-17.50
No change.
17.1 00.080 SeverabilitY.0 sxRne
lf any section, subsection, clause or
application to any person or
be invalid, the remainder or application to
affected
PLEASANT HARBOR MASTER PLANNED RESORT
Title 17
MASTER PLANNED RESORTS
title or
by a court of
thereto, or its
jurisdiction to
shall not be
1
Title 17, Article ll, Pleasant Harbor MPR
Will need to make general mention that Title 17 is renamed Master Planed Resorts for Port Ludlow
(Article l) and now for Pleasant Harbor (Article ll)
Chapters 17.60-17.85
17.60.010 Authority.
This title is adopted pursuant to Chapters 36.70 and 36.70A RCW, and Title 18 JCC
17.60.020 Title.
The regulations set forth in this title shall be known as the "Pleasant Harbor Master Planned
Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these 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 regulate land development uses
that comply with and are consistent with the Jefferson County Comprehensive Plan for future
development within the boundaries of the Pleasant Harbor MPR. The Pleasant Harbor MPR
provides a mixture of visitor-oriented transient accommodations, secondary homes, recreation,
and supporting commercial facilities.
17.80.040 Master Plan
The Master Plan for future development of properties within the Pleasant Harbor MPR is the
inelsdes+he regulations, requirements, a/ong with the conditions and requirements of Ordinance
01-0128-08 Final Environmental Impact Statements, maps, mitigation measures, phasing plans
and a Development Agreement behreen the County and the Developer.
17.60.040 Additionalrequirements.
ln addition to the requirements of this Article, any land disturbing activity must also comply with
the development standards and requirements of:
(1) Title 15 and Title 18 of the Jefferson County Code;
(2) Conditions and requirements of Ordinance 01-0128-08;
(3) The mitigation measures required in the Pleasant Harbor Marina and Golf Resort, Final
Environment lmpact Statement (November 27, 2007) (2007 FEIS), the Pleasant Harbor
Marina and Golf Resort, Final Supplemental Environment lmpact Statement December 9,
2015 (2015 FSEIS); and
(4) The terms and conditions of the Development Agreement entered into between Jefferson
County and the Developer.
Where conflicts occur between the provisions of this title and other applicable code provisions, or
other regulations, the more restrictive shall apply
a
Chapter 17.60, General Provisions
17.60.050 Applicability.
This title applies to all uses and activities within areas designated as Pleasant Harbor MPR unless
otherwise exempt, including all land, associated water areas and structures within the boundary
of the Pleasant Harbor MPR as depicted on the official land use map for Jefferson County,
Washington.
17-60,060 QualifieCteaCPlanner-+
The direeter elthe department ef eemmunity develepment ehall appeint a qualified planner te
iew-er
Harber MPR beundaries, and
shall serve as the initial peint ef eentaet fer eitizens seeking infermatien en develepment prepesals
17-60-070 Publie Netiee Rester-2
The departrnent ef eemmunity develepment shall eetablish and maintain a Bublie netiee rester
whieh shall be used te previde netiee ef land use apBlieatiens within the Pleasant Harber MPR
erganizatien may request te be added te the rester at any time,
17.60 100 Exemptions.
(1) The following structures and uses shall be exempt from the regulations of this title,
(1) Minor construction activities, as defined by the lBC, Section 106.23 and structures exempt
under Chapter 15.05 JCC, as amended;
17.60.150 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title 18 of the
Jefferson County Code as cunently enacted or as amended shall apply to any alleged violation
of Title 17, Article ll, more commonly known as the "Pleasant Harbor MPR Code."
Ghapter 17.65, Golf Resort (MPR-GR Zone)
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 community.
J
PCH Comment: Added to be consistent with PL MPR
Code and thein
to consistent with PL MPR
Section 106.2.not have been
PCH Comment:
Comment:
17.65.020 PermittedUses.as
(1) Residential uses including single-family and multifamily structures, condominiums,
townhouses, apartments, lofts, villas, time-share, and fractionally owned accommodations.6
(2) Shortterm visitor accommodations, constituting not less than 65% of the total residential
units authorized by Ordinance 01-0128-08, including, but not limited to hotels, motels, lodges,
and any residential uses allowed under subsection (1) of this section that are made available for
short-term rental. Shortterm rental shall be construed to mean less than 30 days.7
(3) Visitor oriented amenities, including, but not limited to: (a) conference and meeting
facilities; (b) restaurants, cafes, delicatessens, pubs, taverns, and entertainment associated with
such uses; (c) on-site retail services and businessess typically found in destination resorts and
designed to serve the convenience needs of users and employees of a master planned resort;
and, (d) recreation business and facilities;
(4) Cultural and informational facilities including, but not limited to, interpretative displays of
local Native American ties to and uses of the area,e art galleries, and indoor or outdoor theaters;
(5) lndoor and outdoor resort-related recreational facilities, including but not limited to golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, spa services, hiking trails, bicycle paths,
rope courses, amphitheater, and other recreational uses consistent with the nature of a master
planned resort;
(8) Public facilities and services as defined in JCC 18.10
(12) Other similar uses consistent with the purpose of this zone and an MPR as determined by
the department of community development.10,11
want add in 18.15.
8 MF Comment: Do we want to be more Barber &beauty gift shops, etc.
about prohibited uses? HomeMF Comment: What type of permitting process, Type I, II or III? What
5
6
ll
etc.?
-4-
Comment: Per the PC. Consistent with UDC 18. 10.200
4
Comment:
Comment:
No minimum lot sizes? Compare Port Ludlow, JCC 17.10.020(5) and 17.l
Inoofetc. zones as in JCC 17.
DCD not for
17.65.030 Heightrestrictions.
No buildings within the MPR-GR zone shall be erected, enlarged, or structurally modified to
exceed 3512 feet in height as measured by IBC standards, except with approval from the local
Fire District. Underground or imbedded parking shall not be included in any height calculations.
17.65.040 Bulk and setback requirements.
(1) There are no yard or setback provisions internal to the MPR-GR zone. All structures shall
be set back at least 20 feet from the Pleasant Harbor MPR boundary lines and adjacent MPR
zones. Minimum building setback from State Route 101 right-of-way is 50 feet. Minimum setback
from Black Point right-of-way is 20 feet.
(2) All buildings not attached or having common walls shall be separated by a minimum
distance of 10 feet, as measured from foundation to foundation.
Chapter 17.70, Open Space Reserve (MPR-OSR Zone)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide a non-clearing permanently forested native
vegetation buffer between the resort development and the waters of Hood Canal. The MPR-OSR
zone shall extend landward 200 feet from the ordinary high water mark of Hood Canal as
measured in accordance with local and state code. The dimensions of the MPR-OSR zone may
be increased in accordance with other applicable sections of Jefferson County Code Title 18.
t2
-5-
Comment: Per the PC. 50 feet is consistent with Port Ludlow
to exceed 35 feet with Fire District
80 feet but
Chapter 17.75, Marina - Maritime Village (MPR-MV Zone)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the Marina and
Maritime Village portion of the PH MPR and surrounding community, and provides support to the
marina operations.
17.75.020 Permifted uses.
The following uses are permitted in the MPR-MV:
(1) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated regulations Chapter 18.25 JCC;
(2) Residential uses including single-family and multifamily structures, condominiums, time-
share, bed and breakfastl3 and fractionally owned accommodations of all kinds;14
(3) The Marina and Maritime Village related upland mixed use, commercial and service
facilities, including open parking lots, restaurants, and shops, as well as marine service
facilities, marina office, yacht club and recreation facilities serving the resort and the
Marina;
(4) Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting marina and maritime village uses, fuel service and parking;
(5) lndoor and outdoor resort-related recreationalfacilities, including but not limited to tennis
courts, swimming pools, marinas, hiking trails, bicycle paths, rope courses, game center
and other recreational uses consistent with the nature of a master planned resort;
(8) Public facilities and services as defined in JCC 18.10.
(9) Other similar uses consistent with the purpose of this zone and an MPR as determined by
the department of community development and consistent with Chapter 18.25 JCC.
17.75.030 ProhibitedUses.
Float planes and float plane docks are prohibited. Aerial access is limited to helicopters for
emergency medical purposes only. 1s
17.75.040 Heightrestrictions.
No buildings within the MPR-MV zone shall be erected, enlarged, or structurally modified to
exceed 35 feet in height as measured by IBC standards except for the Condotel/conference
13 MF Comment: I believe there is an existing B&B located within the Water Touch Short Plat located within this
zone.
t4
MF Comment: ORV and ATV parks?
-6-
etc. zones as in JCC 17.1 t7Comment:no of t?
center with terrace lofts and the Maritime Village. Underground or imbedded parking shall not be
included in any height calculations.
17.75.050 Bulk and setback requirements.l6
(1) There are no yard or setback provisions internal to the MPR-MV zone. Minimum building
setback from Highway 101 right-of-way shall be 50 feet. Minimum building setback from Black
Point Road right-of-way shall be 20 feet. All new structures located within shoreline jurisdiction
shall comply with the setback requirements of the County's Shoreline Master Program as codified
under. Chapter 18.25 JCC.
(2) All buildings not attached or having common walls shall be separated by a minimum
distance of 10 feet, as measured from foundation to foundation.
l6
-7-
Comment: No minimum lot sizes?JCC I7.I t7Port
Chapter 17.80, Pleasant Harbor Resort Development
17.80.010 Resortdevelopment.
This section describes the "Master Plan" for facilities to be located in the Pleasant Harbor MPR,
, and provides
processes for reviewing major or minor revisions to the Master Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.080.020 Required Mitigation Measures During Operations.lT
The Pleasant Harbor MPR shall comply with all applicable mitigation measures required by
ordinance 01-0128-08 and the MoUs required by it,18 the 2007 FEls, the 2015 sFEls, and the
Development Agreement. This includes but is not limited to:
(1) Shoreline Mitigation: The southern shoreline abutting Hood Canal is a significant
environmental and cultural area and resort use is prohibited.ls
(2) Water Quality Mitigation:20
The Pleasant Harbor MPR shall be required to annually collect water quality monitoring
data from the state water quality sampling station at Pleasant Harbor and submit a
summary water quality report to the County.
(a)
(b)The Pleasant Harbor MPR shall comply with a County-based comprehensive water quality
monitoring plan requiring at least monthly water collection and testing developed and
approved in concert with an adaptive management program, utilizing best available
science and appropriate state agencies. The monitoring plan shall be funded by a yearly
reserve, paid for by the Pleasant Harbor MPR, that will include regular off-site sampling of
pollution, discharge, and/or contaminant loading, in addition to any on-site monitoring
regime.21
ln the event that water quality shows any sign of deterioration, the County shall consult
with the resort, the local residents, and the State (both Washington State Department of
Health and Washington Department of Fish and Wildlife) concerning the source of the
change.
All the Pleasant Harbor MPR permits shall require implementation of any mitigation
measures determined necessary by the County to alleviate any water quality issues
emanating from the Pleasant Harbor MPR.
(c)
(d)
Condition 63(c) of Ordinance 0l-0128-08.
Per FSEIS at l-43.
MF Comment: Wasn't sure where best to
Condition 63(c) of Ordinance 0l-0128-08.
-8-
t7
l9
20
Comment: This section was added to ensure future compliance with mitigation
to have a prophylactic effect by bringing all the mitigation requirements most likely to be in dispute
I
courtinto this document and in thereference to these
IS
this out into a new section on
with m
Response: I
IS
(s)
ft)
o
()
ft)
(l)
(3) MarinaMitigation:22
(g) All stormwaterfrom impervious surfaces shall be captured and treated to the most current
edition of the Stormwater Manual of Western Washington before discharge.
(b) There shall be no discharge of sewage or contaminated bilge waters at the marina.
(g) Pump out facilities shall be provided and operational at all times
(o Cleaning of fish or sea life shall be prohibited within the controlled access areas of the
marina.
(g) The Project permits shall incorporate shellfish protection district guidelines
f) The marina shall have the right to inspect any vessel at any time
The marina shall develop and manage an active boater education program appropriate to
the marina setting to supplement the County program developed as part of the shellfish
protection district.
Fuel storage or transfer shall be prohibited on marina floats, docks, piers, and storage
lockers.
No storage shall be permitted on docks, including storage of oily rags, open paints, or
other flammable or environmentally hazardous materials except emergency equipment as
approved in the Emergency Service MOU.
Painting, scraping, and refinishing of boats shall be limited to minor repairs when in the
water, which do not result in any discharge to the waters of the harbor.
Any minor repairs must employ a containment barrier that prevents debris from entering
the marine waters.
Notification and information (before harvesting shellfish) will be available at the proposed
OD The marina operations shall incorporate mitigation requirements appropriate under the
County Shellfish Protection Plan, and shall integrate a boater education program into a
marina public education plan, which shall be implemented and maintained for so long as
the resort is in operation, as part of a resort habitat management plan.
ft)The marina operations shall collect water quality data (from State sources so long as
available or from approved testing plan should the state sources move or not accurately
reflect Pleasant Harbor conditions), and shall be required to participate with the County in
an adaptive management program to eliminate, minimize, and fully mitigate any changes
arising from the resort and related Pleasant Harbor or Maritime Village.
(g) The marina operations shall conduct ongoing monitoring and maintain an inventory
regarding Tunicates and other invasive species, and shall be required to participate with
the County and state agencies in an adaptive management program to eliminate,
22 Per FSEIS at l-31-l-32.
-9-
(4)
G)
minimize, and full mitigate any changes arising from the resort, and related to Pleasant
Harbor or the Maritime Village.23
Golf Course Mitigation: 2a
The Pleasant Harbor MPR shall ensure that golf course operations comply with the best
practice standards of the King County golf course management guidelines, or their
substantial equivalent, including, but not limited to, American Golf Association standards.
G)The golf course and resort facilities will be required to participate in any adaptive
management programs required by the County, as a result of the water quality monitoring
program required by JCC 17.080.020(2) and any changes caused by the resort
operations.
n Stormwater discharge from the golf course shall meet requirements of zero discharge into
Hood Canal.2s To the extent necessary to achieve the goal of designing and installing
stormwater management infrastructures and techniques that allow no stormwater run-off
into Hood Canal,
(o The Pleasant Harbor MPR shall implement as a best management practice for the
operation and maintenance of the golf course a requirement to maintain a log of fertilizers,
pesticides and herbicides used on the Pleasant Harbor MPR site, and this information
shall be made available to the public.26
(4) Greenhouse Gas Mitigation: The Pleasant Harbor MPR shall collaborate with the Climate
Action Committee (CAC) to calculate greenhouse gas emissions (GHGs) associated with the
Pleasant Harbor MPR, and identify techniques to mitigate such emissions through sequestration
and/or other acceptable methods.2T
(5) Blending of Buildings, Light Mitigation, Greenbelts and Buffer Management:
(g) ln keeping with an approved landscaping and grading plan, and in order to satisfy the
intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the
buildings should be constructed and placed in such a way they will blend into the terrain
and landscape with park-like green belts between buildings.2s
(!)Construction of buildings within the Pleasant Harbor MPR boundaries shall strive to
preserve trees that have a diameter of 10 inches or greater at breast height (dbh). An
arborist will be consulted and the ground staked and flagged to ensure the roots and
surrounding soils of significant trees are protected during construction. To the extent
possible, trees of significant size (i.e. 10 inches or more in diameter at breast height (dbh)
23 Required by Condition 63(w) of Ordinance 0l-0128-08
2a Per FSEIS at l-32.
25 Required by Condition 63(q) of Ordinance 0l-0128-08.
26 Required by Condition 63(y) of Ordinance 0l-0128-08.
27 Required by Condition 63(y) of Ordinance 0l-0128-08.
28 Required by Condition 63(v) of Ordinance 0l-0128-08.
-10-
that are removed during construction shall be made available with their root wads intact
for possible use in salmon recovery projects.2e
(s)The Pleasant Harbor MPR shall use the lnternational Dark Sky Association (lDA) Zone E-
1 standards within the boundaries of the Pleasant Harbor MPR.30
(9!) The Pleasant Harbor MPR, at its expense, shall manage all conservation easements to
include removing, when appropriate, naturally fallen trees, and replanting to retain a
natural visual separation of the development from U.S. Hwy 101 .31
17.80.030 Developmentcap.
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 65 percent of the
total units. The Pleasant Harbor MPR in total shall have a development cap of 70,00032 square
feet of resort commercial, retail, restaurant, and conference space, not including lobbies, foyers,
hallways, reception areas, and other common areas.
17,80-050 Permit preeess fer resert develepment,s
(1) A prejeet level supplemental envirenmental impaet statement (prejeet level SEIS)
previdedtea[ persens er ageneies entitled te netiee pursuant te the land use preeedures ef JCC
Title 18,
(3) Aetual building Bermit Blans er eenstruetien drawings may net be requlred during the
i
that the SEPA review preeese analyzes and eensiders prejeet level details,
(4) The department ef eemmunity develepment may impese mitigating eenditiens er issue a
denial ef seme er all ef the Masler Plan based en the envirenmental review and using autherityprevi iey Aet, Cha^ter 13,21C RCW, Artiele X ef
(5) Upen eemBletien ef the prejeet level SEIS; building permits rnay be issued fellewing
(6) Aetual resert develepment may be undertaken in phases, butenly fellewing eempletien ef
2e Required by Condition 63(w) of Ordinance 0l-0128-08.
30 Required by Condition 63(z) of Ordinance 0l-0128-08.
3rCondition 63(cc) of Ordinance 01-0128-08.
32 MF Comment: FSEIS and Development Agreement sat 79,000.
33 MF Comment: Review types?
-11-
at-e+ater{e+e94
17,80,050 Envirenmental review fer resert Cevelepment-
(1) All prejeet level applieatiens will be presurne4te meet tl"e thresheld fer a SEPA thresheld
Determinatien ef Signifieanee; exeept-where the SEPA respensible effieial determines that the
under SEPA if these deeuments meet SEPA and JCC requirements te adequately address
envirenmental impaets and any mitigatien as set ferth in RCW 13,21C,03 l,
i
@ren+
(3) The utility element ef any subsequent phae+envirenmental review pertaining te the
( l) Any preliminary seepe fer future develepment within the Pleasant Harber MPR shall be
i
te reduee duBlieatien-and narrew the feeus en petentlally signifieant adverse envirenmental
impa€t€=
17.80.070 Revisions to Master Plan.
(1) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zoning
within the Pleasant Harbor MPR shall require a Comprehensive Plan amendment and related
zoning action. Such changes are outside the scope of the 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 Growth Management Act (Chapter 36.70A
RCW) are fulfilled.
(2) The County shall accept building permits only for projects included in and consistent with
the Master Plan. A revision to the existing Master Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistent with the Master Plans set
forth in this title. Upon approval of a revision, all subsequent development proposals shall be
consistent with the revised Master Plan and development regulations.
34 MF Comment: Seems contradictory. Need a phasing plan as part of the SEIS process or the phasing schedule can
be developed later. What is the reason(s)/benefits for submiuingit at a later date? Each phase must stand on its own
merits - Binding Site Plan?
-t2-
(3) Proposed revisions to the Master Plan shall be submitted to the department of community
development and the administrator will determine whether the proposal constitutes a major or
minor revision. Upon making a determination, the proposed revision shall follow the appropriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.080 Minor revisions.
(1) Minor Revisions. The Master Plan may require minor changes to facilities and services in
response to changing conditions or market demand. Minor revisions are those that do not result
in a substantial change to the intent or purpose of the Master Plan in effect. A change that satisfies
the following criteria shall be deemed a minor revision for purposes of this chapter:
(a) lnvolve no more than a five (5)35 percent increase in the overall gross square
footage of the Master Plan;
(b) Will not have a significantly greater impact36 on the environment and/or facilities
than that addressed in previous environmental documents;37
(c) Do not alter the boundaries of the approved plan;
(d) Do not propose new uses or uses that modify the recreational nature and intent of
the resort.
(e) Minor shifting of the location of buildings;
(0 Minor shifting of parking areas;
(g) Landscaping;
(h) Sewer and water facilities;
(i) Timing of approved development.
A change to the Master Plan may still qualify as a minor revision under this section despite its
failure to satisfy one or more of the conditions (a) through (h) of this section.
(2) Minor Revision Process. Applications for minor revisions shall be submitted to, and
reviewed by the department of community development to determine if the revisions are
consistent with the existing Master Plan, the 2007 FEIS, the 2015 FSElS3s subsequent
environmental impact statements, the Comprehensive Plan, Ordinance 01-0128-08, and other
pertinent documents. Those proposals that satisfy the above-referenced criteria shall be deemed
a minor plan revision and may be administratively approved (as a Type ll decision underthe land
use procedures of JCC Title 18, Unified Development Code) by the director of the department of
community development. Public notice of the application, the written decision, and appeal
opportunities shall be provided to all persons or agencies as required by the land use procedures
of JCC Title 18, Unified Development Code. Those revisions that do not comply with the
35
36
37
38
-13-
with Port Ludlow and SEPA
Per PC and
Comment: PC wanted "no additional
Comment: Consistent with 17
FSEISComment: Per Staffand
Port
" This is
provisions contained within this section shall be deemed a major revision, subject to the provisions
outlined in JCC 17.80.080.
17.80.090 Majorrevisions.
Revisions to the Master Plan that will result in a substantial change to the resort including:
changes in use, increase in the intensity of use, or in the size,3e scale, or density of development;
or changes which may have a substantial impact on the environment beyond those reviewed in
previous environmental documents, are major revisions and will require application for a revised
Master Plan.
(1) Application for a Major Revision to the Master Plan. An application shall be prepared
describing the proposed revision in relation to the approved Master Plan and providing a
framework for review, analysis and mitigation of the revised development activity proposed. The
Master Plan revision proposal shall include the following information:
(a) A description of how the revised Master Plan would further the goals and policies
set forth in the Comprehensive Plan;
(b) A description of how the Master Plan revision complements the existing resort
facilities of the Pleasant Harbor MPR;
(c) A description of the design and functional features of the Master Plan revision,
setting out how the revision provides for unified development, integrated site design and
protection of natural amenities;
(d) A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet the needs
of residents of the Pleasant Harbor MPR and patrons of the resort;
(e) A completed SEPA environmental checklist with description and analysis of the
environmental impacts associated with the proposed revision, including an analysis of the
cumulative impacts of both the proposed revision and the approved Master Plan, and their
effects on surrounding properties and/or public facilities;
(0 A description of how the proposed Master Plan revision is integrated with the
overall Pleasant Harbor MPR and any features, such as connections to trail systems,
natural systems, or greenbelts, that have been established to retain and enhance the
character of the resort and the overall Pleasant Harbor MPR site;
(g) A description of the intended phasing of development projects;
(h) Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas;
(i) A calculation of estimated new demands on capital facilities and services and their
relationship to the existing demands of the Pleasant Harbor MPR, including but not limited
to transportation, water, sewer and stormwater facilities; and a demonstration that
3e MF Comment: ln section 17.80.070 it allows for a 57o increase - seems contradictory.
-r4-
sufficient facilities and services to support the development are available or will be
available at the time development permits are applied for.
(j) A description of how the proposed major revision may affect the Memorandums of
Understanding (MOU's) as identified in the Development Regulations or Ordinance 01-
0128-08.
(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type lll), with a required public hearing prior to the decision. Public notice of the
application, the required public hearing, the written decision, and appeal opportunities
shall be provided to all persons or agencies as required by the land use procedures of
JCC Chapter 18.40 Article lll of the Unified Development Code. Any proposed major
revision also involving a change to the boundaries of the MPR zone shall require a
Comprehensive Plan amendment (a Type V County Commissioners decision) prior to any
decision on the Master Plan amendment.
(3) Decision Criteria. The hearing examiner may approve a major revision to the Master Plan
only if all the following criteria are met:
(a) 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 applicable development regulations, including
those established for critical areas;
(d) On-site and off-site infrastructure (including but not limited to water, sewer, storm
water and transportation facilities) impacts have been fully considered and mitigated;
(e) The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site design,
and protection of natural amenities.
- 15-
Chapter 17.85, Limitation of Permit Approval and Extinguishment.
17.85.010 Limitation of permit approval.ao
An MPR approved with a phasing plan shall be null and void if the applicant fails to meet the
conditions and time schedules specified in the approved phasing plan. A new development plan
shall be required for any development on the subject property. Specific development activities
shall be subject to the standards of the approved MPR and the regulations in effect at the time of
development permit application.
17.85.020 Extinguishment of MPR for Failure to Develop lt.
lf physical development of the MPR (or first phase thereof) has not been commenced within the
applicable time period, the MPR shall be extinguished.
40 MF Comment: Do we want to identiff a time limit to start development? (We had an issue with the Kala Square
BSP time period which is why 18.35.550 was added to the JCC). Do we have an appeal processes that need to be
identified and/or referenced in this MPR Code?
-16-
Title 18
UN!FIED DEVELOPMENT CODE
Chapter f 8.15
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 shortterm visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only if the residential uses are integrated into and support the on-site
recreational nature of the resort.
(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The first entycxrs*+ng officially
designated master planned resort in the county is the Port Ludlow MPR, which is designated in
accordance with RCW 36.704.362 as an existing master planned resort and is subject to the
provisions of JCC Title 17. The master planned resort of Port Ludlow is characterized by both
single-family and multifamily residential units with attendant recreational facilities including a
marina, resort, and convention center. The master planned resort of Port Ludlow also includes a
large residential community. The entire resort is served by a village commercial center, which
accommodates uses limited to serving the resort and local population. The master planned
resort's internal regulations and planning restrictions such as codes, covenants and restrictions
may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does
not enforce private codes, covenants and restrictions.
(2) Pleasant Harbor Master Planned Resort. The Pleasant Harbor Master Planned Resort
(MPR) is the second officially designated master planned resort in the County. The Pleasant
Harbor MPR is designated in accordance with RCW 36.70A.360 as a new master planned resort
and is subject to the provisions of JCC Title 17 Article ll. The Pleasant Harbor MPR as currently
designed is characterized by a golf course resort facility south of Black Point Road and a
marina/Maritime Village and associated housing north of Black Point Road. The resort is
predominately designed to serye 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
internal regulations and planning restrictions such as codes, covenants and restrictions may be
more restrictive than the requirements in JCC Title 17. However, Jefferson County does not
enforce private codes, covenants, and restrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The enty-eleisting officially designated master planned resorts in the county areis the Port
Ludlow MPR and the Pleasant Harbor MPR, provisions forwhich are codified in JCC Title 17. The
Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing
master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
pertaining 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 formal
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site-specific amendment to the Comprehensive Plan Land Use Map subject to the flndings
required by JCC 18.45.080.
18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural communities. The
purpose of this 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
36.704.360.
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:
(1) 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 of the 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{erm rental; provided, that short{erm
visitor accommodations shall constitute no less than 65 percent of the total resort accommodation
units.
3) lndoor and outdoor recreational facilities and uses, including, but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deemed to be
consistent with the on-site recreational nature of the master planned resort.
(4) Campgrounds and recreationalvehicle (RV) sites
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs of the 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.
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(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capitalfacilities, utilities, and services to the extent necessary to maintain and operate the
master planned resort.
(8) Structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated to
use and enjoy, and the particular natural and recreational features that will attract people
to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part of the resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and services,
including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(0 A description 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.
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(g) A description of how the MPR relates to surrounding properties, and how its design
and arrangement minimize adverse impacts and promote compatibility among land uses
within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the full
intended scope and intensity of the development can be evaluated. This shall also discuss
how the project will function at interim stages prior to completion of all phases of the
project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article Xl of Chapter 18.40 JCC (Development
Agreements), and RCW 36.70B.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
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 of uses, and building sizes;
Phasing of development, if requested by the applicant;
Procedures for review of site-specific development plans;
(b)
(c)
(d) Provisions for required open space, public access to shorelines (if applicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
faci I ities, and on-site retail/com mercial services ;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, and other development conditions; and
(f) 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 of JCC 18.45.040; provided, that the
subarea planning process authorized under Article Vll of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
(4) Planned Actions. lf deemed 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 197-11-164 and 197-11-168.
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(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 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring legislative
approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC 18.15.126(1)
(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 $ 1]
18.15.132 Decision-making authority
(1) 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 of county 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
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
18.{5.135 Criteria for approva!.
An application to develop any parcelor parcels of land as an MPR may be approved, or approved
with modifications, if it meets all of the criteria below. lf no reasonable conditions or modifications
can be imposed to ensure that the application meets these criteria, then the application shall be
denied.
(1) The master plan is consistent with the requirements of this article and Article Vl-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 of the county.
(3) lf an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping, and all other conditions of the MPR sutficient to stand alone if
no subsequent phases are developed.
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(2) A request for authorization of a development agreement, pursuant to the requirements of
JCC 18.15.126(2) and Article Xl of Chapter 18.40 JCC (Development Agreements).
(4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to
adequately meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) lmprovements 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 $ 1]
18.15.138 Pert tudlew Master Planned Resort.
The Pert tudlew Master Planned Resort Code (JCC Title 17), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
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Ghapter 15.05
BUILDING GODES
15.05.030 Adoption of national and state codes by reference.
The following codes, regulations, and statutes are hereby adopted by reference in their current
form, or as hereafter may be amended, subject to the modifications and/or amendments set forth
herein below or in the State Building Code, Chapter 19.27 RCW:
(1)Chapter51-50WAC-lnternationalBuildingCode.Theffilnternational
Building Code as published by the lnternational Conference of Building Officials is hereby adopted
by reference with the additions, deletions, and exceptions noted in the Washington Administrative
Code;
(2)Chapter51-52WAc-lnternationalMechanicalCode.Theffilnternational
Mechanical Code as published by the lnternational Conference of Building Officials is hereby
adopted by reference with the exceptions noted in the Washington Administrative Code;
(3) Chapter5l-54AWAC - lnternational Fire Code. The 2009 Editien ef the lnternational Fire
Code as published by the lnternational Fire Code lnstitute is hereby adopted by reference with
the additions, deletions, and exceptions noted in the Washington Administrative Code;
(4) Chapter 51-56 WAC - Uniform Plumbing Code and Uniform Plumbing Code Standards. The
ffiUniformPlumbingCode,publishedbythelnternationalAssociationof
Plumbing and Mechanical Officials, is hereby adopted by reference with the additions, deletions,
and exceptions noted in the Washington Administrative Code;
(5)Chapter51-51WAc-lnternationalResidentialCode.Theffilnternational
Residential Code as published by the lnternational Code Council is hereby adopted by reference
with the exceptions noted in the Washington Administrative Code; provided, that Appendices R
and S are not adopted;
(6) Chapter 51-11C 51 11 WAC and Chapter 51-11R WAC -Washington State Energy Code and
Amendments. The Washington State Energy Code and Amendments, adopted by the Washington
State Building Code Council, are hereby adopted by reference with the exceptions noted in this
ch apter of the Wash i ngton Ad m i n istrative Code.{O+d-{*42{41
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