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Patty Charnas
PC final version 7 /19/0LG
Pleasant Harbor Zoning Code_ PC Final version after the_6-15-16 PC_w_CK _PC Edits
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Patty
ldon't know if thisversion has David Alvarez and David W. Johnson's edits in it or not.
Michelle Farfan
Associate Planner, Pleasant Harbor MPR Lead
Jefferson County Department of Community Development
621 Sheridan
Port Townsend WA 98368
V: 360-379-4463
F:360-379-4457
mfa rfan (oco.iefferson.wa. us
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1
PLEASANT HARBOR MASTER PLANNED RESORT
(Jefferson County Planning Commission Version 2016)
Title 17
MASTER PLANNED RESORTS
Title 17, Article I, Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17. Article II. Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60. General Provisions
17.60.020 Title.
The regulations set fonh in this title 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 aoolicable JCC section number
17.60.030 Purpose and intent.
The purpose and intent of the Pleasant Harbor MPR code is to set fonh develoDment
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Master Planned Resort.
17.60.040 Additionalrequirements.
In addition to the requirements of this title. the provisions of Title 1 5 and Title I 8 of the
Jefferson Countv Code shall applv to development in the Pleasant Harbor MPR. Applications for
development within the MPR must be submitted as provided for in JCC 18.35 Article V. Binding
Site Plans. and all subsequent development within the MPR area will be subject to the approved
bindine site plan and as specified in the terms and conditions of the Development Agreement
between Jqfferson County and the Developer.
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17.60.010 Authoritv.
This title is adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title l8 JCC.
17.60.050 Applicabilitv.
The provisions of this title shall apply to all land use actions and sitine of infrastructure
includine over water or in-water work to be conducted within the boundar.y of the Pleasant
Harbor Master Planned Resort as depicted on the official land use map for Jefferson Countv.
Washinedon.
17.60 060 Exemptions.
The followins structures and uses shall be exempt from the resulations of this title. but
are subject to all other applicable local. state and federal regulations includins. but not limited to.
the county building ordinance. interim critical areas ordinance. the shoreline management master
prosram. and the State Environmental Policy Act (SEPA).
(l) Wires. cables. conduits. vaults. pipes" mains" valves. tanks. or other similar equipment for
the distribution to consumers of telephone or other communications. electricity. gas. or water or
the collection of sewage. or surface or subsurface water operated or maintained bv a
governmental entity or a public or private utility or other county franchised utilities includins
customary meter pedestals. telephone Edestals. distribution transformers and temporary utility
facilities required durine building construction. whether any such facility is located underground.
or above-ground: but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground electrical substations. sewage pump
stations or treatment plants. or potable water storaee tanks or facilities. which shall require
conditional use approval in any zone where permitted;
(2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. public
bicvcle shelters" or similar structure or device which is found by the director of community
development to be appropriately 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 amended:
(4) Development consistent with the Marina Binding Site Plan approved bv the County prior
to adoption of this chapter.
17.60.070 Pre-existinsuses aldjlruqtures.
Existing lesally-permitted, residential and non-residential land uses and structures in all
zones of the Master Planned Resort are laufirl uses and may be continued in a manner consistent
with state law, Titles 15 and 18 ofthe Jefferson Countv
regulations or Ordinances.
17.60.080 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title l8 of the
or as hereafter amended
violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Chapter 17.65 Pleasant Harbor Master Planned Resort Residential Recreation and
Commercial Zone (MPR-RRC)
17.65.010 Purpose.
The MPR-RRC zone allows residential and recreational facilities. as well as commercial
ameorttes and services associated with the resort and surrounding community. It also allqws for
the central resort and conference facilities.
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17.65.020 Permitted Uses.(1) Residential uses including single-family and multifamily structures. condominiums.
townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations.
(2) Short-term visitor accommodations. constituting not less than 650lo of the total residential
units authorized b), Ordinance #01-0128-08. including. but not limited to hotels. motels" lodees"
and any residential uses allowed under subsection I of this section that are made available for
short-term rental. "Short-term rental" shall be construed to meau lcss thaq 30 rlays.(3) Visitor oriented amenities. includine. 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 businesses typically found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resort: and
d and facilities
(4) Cultural and educational facilities of all kinds including. but not limited to. interpretative
displays of local Native American ties to and uses of the area. art galleries. and indoor or outdoor
theaters:
(5) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts, swimming pools-sr
amphitheater. and other recreational uses consistent with the nature of master planned resort:(.6) Waste water treatment facilities. including treatment plants" capture. storage and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater:
Public water and(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supoorting the resort:
(10) Emergency services (fire. police. EMS):
(11) Medical services: and
Other similar uses consistent with the of this zone and MPR as
Department of Community Development.
17.65.030 Heieht restrictions.
No buildinss within the MPR-GR zone shall be erected. enlarged or structurally modified
to exceed 35 feet in height as measured by IBC standards except with approval of the local Fire
District. Undereround or imbedded parkine shall not be included in any height calculations.
17.65.040 Bulk and setback requirements.
All structures shall be set back at least 40 feet from Master Planned Resort boundary
lines and adiacent MPR zones. Minimum building setback from State Route 101 is 50 feet.
12.65.0S0 Critica
Areas
their within the MPR
and permanently protected in accordance with JCC 18.22 and shall be designated on the official
map of the Pleasant Harbor Master Planned Resort. A building setback of 10 feet shall apply to
all desienated buffer areas.
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(2) Significant Tree Retention.
All trees measuring 10" diameter breast high or sreater on the date of bindins site plan
approval shall be located and marked for retention. and measures taken to protect surroundine
Where there is no tree
additional trees. such as Douglas Fir or Sitka Spruce at least four years old or four feet in height.
shall be planted in buffer areas at a ratio of two trees planted for each removed. Where feasible.
removed trees and their root wads shall be made available for watershed restoration projects.
(3) Kettles.
A "kettle" is defined as a depression on the land surface left by an ice block after elacial retreat.
Black Point has three such geolosic and cultural
boundaries. Kettles are identified as a type of wetland difficult to replace. The three kettle sites
on Black Point inside the MPR boundaries shall be preserved and protected to include buffers as
deemed sufficient per agreement with the Port Gamble S'Klallam Tribe.
(4\ Special Protection Provi SIONS
Notwithstanding all other environmental requirements. the MPR approved plan must have
for:
(a) Well-head Protection and Aquifer Recharge Area
Permeable soils on site mean potential contamination of the aquifer could occur from
improperly directed run-off. spills or other contamination of fertilizers. pesticides.
herbicides and petroleum products. puttins human health at risk as well as fish and
wildlife. An approved plan for directing untreated run-off away from the aquifer and
treatine all on-site run-off with current biofiltration standards prior to any discharge
to the aquifer.
(b)An approved organic veqetation and sit shall be submitted to the
County as part of the overall Master Planned Resort application for review and
approval. or approval with conditions.
(c) All development and landscaping within the PHMPR area must be located .
constructed. and maintained in such a manner as to provide fu[uotection to the
aquifer and any on-site or neiehboring wells that rely on that aquifer for potable
water.
(d) No solf course ereens should be constructed over the aquifer recharse area. Site
sradine and excavation shall be minimized. as demonstrated by a County reviewed
and approved grading plan pursuant to JCC 18.30.060 & 070.
(e) Land disturbine activities such as grading and filling shall be kept to a minimum and
natural contours shall be followed in locating and designing all development features
to protect the natural environmental uniqueness of the site.
(f) Regular independent water qualitv testins shall be conducted at specific monitoring
sites to be identified in the Resort Plan to test for saltwater intrusion and toxic
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contamination in local wells that rely on the Black Point sole source aquifer. as well as
testing in the lower reaches of the two adjoining watersheds for toxic contamination
and low oxvqen levels.
(g) All development and land disturbance shall protect/avoid all important
culturallhistoric sites that are listed. or elieible to be listed. bv State Historic
Preservation Officer or by a local Tribe with jurisdiction. Pursuant to JCC 18.30.160.
the County recognizes that the area of the MPR is within the ceded area of Tribes that
were parities to the Point No Point Treaty.
(h)The owner/developer or assienees must provide for all on-site recvcline of material.
includine paper" glass. cardboards. plastics. and composting of sarden waste. food
waste. All compost should be reused on site. The owner/developer or assignees must
provide a written record that landscaping materials purchased and applied onsite.
including those applied as compost feedstocks. and pest controls are within the
set forth the National List
Prohibited Substances as published and periodicallv updated by USDA National
Organic Program.
(i) The applicant shall identifr wildlife use areas within the site and provide for set-aside
and protection of core wildlife habitat areas and coupqtins corridors.
O In cooperation and consultation with local tribes. areas shall be set aside and
maintained for the occasional harvesting of medicinal plants and other plants
important to tribal culture.
(k) All development with the PHMPR must comply with the requirements for buffer
retention. wildlife protection. ereenbelt retention and maintenancq and establishment
of permanent protective easements for these resources. as well as the other specific
requirements of Jefferson Countv Ordinance. 01-0128-08. which was part of the Board
of County Commissioners Council approval for establishment of the Pleasant Harbor
Master Planned Resort.
(l) Any development prooosed in the PHMPR shall use the LEED (Leadership in Energy
and Environmental Design) green building rating system standards.
(m) Any development proposed in the PHMPR shall use the International Dark Sk),
Association (lDA) Zone E-1 standards for the MPR in order to limit nieht-time lieht
pollution which may affect neighboring residential areas as well as wildlife.
(5) Public Access to Master Planned Resort Amenities.
All amenities and recreational resourses of the development shall be open to all members of the
with the of those of activities
as access to laundry rooms or intemal recreation rooms. TV rooms. etc. Nothing in this section
shall prevent the operator ofany recreational resource from establishing a fee or charge for the
public's use of the recreational resource.
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Chapter 17.70, Open Space Reserve (MPR-OSR)
17.70.010 Purpose.
The oumose of the MPR-OSR zone is to nrovide for a natural vesetated buffer area
between the resort activities and the waters of Canal. The MPR-OSR zone shall include a
buffer extending landward 50 feet as surveyed from the top of the shoreline bluff bank. includine
a 10 foot buildine setback. alone southern boundary of the MPR in accordance with Ordinance
No.0l-0128-08.
17.70.020 Permitted uses.
The following uses may be allowed in the buffer and open space areas in the MPR-OSR
zone after review and approval ofappropriate critical area reports:
(1) Restoration of existine development ons (roads- camnsites) to their natural nre-
development state: and
(2) Passive recreation. includins trails that do not reduce the forest canopy. increase
stormwater discharge. or bluff erosion.
(3) Educational and interpretive duplavs and may be installed if such installations involve
a minimum of disturbance to soils or vegetation.
Chapter 17.75. Marina - Maritime Villaee (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina and maritime village portion of the resort and surroundine community. and provides the
central support to the marina operations.
17.75.020 Permitteduses.
The following uses are permitted in the MPR-MV:(1) Marina and overwater structures as approved throueh the Jefferson County Shoreline
Master Program and associated reeulations Chapter 18.25 JCC:
(2) Residential uses including single-family and multifamily structures. condominiums. time-
share and fractionallv owned accommodations of all kinds;
(3) The Marina and Maritime Villaee related upland mixed use. commercial and service
facilities. including open parkins lots. restaurants and shops. as well as marine service facilities.
marina office vacht club and recreation facilities servino fhe resort and the J\zfarinn'
(4) All over-water buildings and docks shall be constructed so as not impede migrating fish
and to minimize shadine.
(5) Accessory uses and structures. such as qarages. carports. storage buildinss and similar
structures supportine marina and maritime village uses. fuel service and parking:
(6) Indoor and outdoor resort-related recreational facilities. includine but not limited to
tennis courts. swimming pools. marinas. hikinq trails. bicycle paths. ropes courses. game center
th the nature of master planned resort:and other recreational uses consistent wi
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(7) Utilities supporting the resort:
(8) Infrastructure and buildings. both above and below ground. for the utilities:
(9) Emergency services (fire. police. EMS):
(10) Public facilities" and services serving the MPR-MV zone:
(l l) Medical services: and
(12) Other similar uses consistent with the pumose of the zone and MPR as determined by the
Department of Community and consistent with 18.25 JCC.
17.75.030 Heieht restrictions.
No buildings within the MPR-MV zone siall be erected. enlareed or structurally
modified to exceed 35 feet in height as measured by IBC standards. Undersround or imbedded
shall not be included in
17.75.040 Bulk and setback requirements.
Ttrere are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
Countv's Shoreline Master Program as codified under JCC 18.25.
Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resort development.
This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review process for any future resort development" and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated develonment within the Pleasant Harhor l\,{PR
17.80.020 Development cap.
The Pleasant Harbor MPLin total shall have a f (iUlcntionallv left
blank to be determined by fuither consultation with the Port Gamble S'Klallam Tribe) 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
56.608 square feet of resort commercial. retail. restaurant and conference space. not including all
internal open spaqe.
17.80.030 Resort Plan and Development Agreement
The Resort Plan. shall consist of an approved bindine site plan. includine monitoring and
operational plans. and an aoproved Development Agreement for future development of
properties in the Pleasant Harbor MPR. The process for approval of such agreements is
contained in 18.40.820 JCC
17.80.040 Permit process for resort develonment.
(1) A project-level supplemental environmental impact statement (-SEIS) analyzine
development of the Resort Plan is required prior to issuance of building permits for any new
resort developruenl
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(2) Notice of development application and environmental review under SEPA shall be
provided to all persons or aeencies entitled to notice pursuant to the land use procedures of JCC
Title 18.
(3) Actual building permit plans or construction drawings may not be required during the
SEPA must
sufficient details. including a detailed site plan. showine approximate elevations. sections. and
floor plans are lequired, however. to ensure that the SEPA review prqcess analyzes and
considers proj ect-level details.
se ml
denial of some or all of the Resort Plan based on the environmental review and using authority
provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. Article X of
18.40 J
be AS of the environmental review or
date.
17.80.050 Environmental review for Resort Plan development.
(l) All project level applications will be presumed to meet the threshold for a SEPA
of where the SEPA-
application results in only minor impacts. Existing environmental review documents ma), be
adopted under SEPA if those documents meet the SEPA and JCC requirements to adequately
address environmental impacts and mitigation as set forth in RCW 43.21C.034.(2) The scope of an SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007. toeether with such additional
requirements as a project specific application may raise. The scope shall not chanee the
standards of approval. however. as set forth in the applicable development agreement and these
development re gulations.
(3) The utility element of any subsequent phase of SEPA review penainine to the Pleasant
on all affected utili
systems and the results of required monitoring. The effectiveness of such monitoring shall be
evaluated. Supplements or changes to the monitoring and reporting systems shall be considered
to ensure that water and water
to natural resources minimized. Requirements for water quality and quantity monitoring as well
as for run-off impacts shall be specified in the Developer Agreement and in 17.80.030.
(4) Any preliminary scope for future development within the Pleasant Harbor MPR shall be
consistent with the aooroved Resort Plan.elements. issues, and specific levels of detail
may be included based on information available at the time the Resort Plan development
submitted. Elements noted above be in
duplication and narrow the focus on potentially significant adverse environmental impacts.
ofThe
shall to the
(5) Following completion of the SEIS" building permits may be issued. following appropriate
plan review. for projects analyzed in the SEIS.
(6) Actual resort development may be undertaken in phases" but only followins completion
of review and approval of a full resort buildout plan through the SEIS process. A phasins
17.80.060 Revisions to Resort Plan.
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17.80.070 Minor revisions.(1) Minor Revisions. Resort Plans may require minor changes to facilities and services in
to conditions or market. Minor
substantial change to the intent or purpose of the Resort Plan in effect. A chanee that satisfies
the followine criteria shall be deemed a minor revision for purposes of this chapter:
(a) Involve no more than a five percent (50lo) increase in the overall gross square
footaee of the Resort Plan:
Will have no additional on
addressed in the development plan:
(c\ Do not alter the boundaries of the annrnwed nlnn'
(d) Do not propose new uses or uses that modifr the recreational nature and intent of
the resort.
(2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to.
and reviewed by the Jefferson Countv Department of Community Development (DCD) to
if the revisions are wl
the 2015 FSEIS. the Jefferson Countv ve Plan and other pertinent documents.
Those proposals that satis& the above-referenced criteria shall be deemed a minor plan revision
and may be administratively approved (as a Type II decision under the land use procedures of
JCC Title 18. Unified Development Code) by the director of the department of communitv
development. Public notice of the application. the written decision. and appeal opportunities
shall be orovided to all nersons or asencies as by the land use Drocedures 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 orovisions outlined
in JCC 17.80.080.
17.80.080 Maior revisions.
Revisions to the Resort Plan that result in a substantial change to the resort
including: chanses in use. increase in the intensity of use. or in the size. scale. or densit], of
which have additional on
reviewed in orevious environmental are considered to be maior revisions and will
require application for a revised Resort Plan.
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(l) Any proposed revision of size or scope to the Pleasant Harbor MPR boundarv or zone
chanees within the MPR shall require a Comprehensive Plan amendment and related zoning
action. Such chanses 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 36.704 RCW) are fulfilled.
(2) The County shall ascept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval of a revision. all subsequent development proposals shall be
consistent with the revised Resort Plan and development regulations.(3) Proposed revisions to the Resort Plan shall be submitted to the Department of
Communitv Development (DCD) and the DCD director will determine whether the proposal
constitutes a major or minor revision. Upon making a determination. the proposed revision shall
follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
(1) Application for a Major Revision to the Resort Plan. An apolication shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providine a
framework for review. analysis and mitigation of the revised development activity proposed. The
Resort Plan revisionproposal shall include the following information:
(a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehcastve-Plaq(b) A description of how the Resort Plan revision complements the existine resort
facilities of the MPR:
(c) A description of the design and functional features of the Resort 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
intensitv 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 analvsis of the
environmental impacts associated with the proposed revision. including an analysis of the
cumulative impacts of both the proposed revision and the approved Resort Plan. and their
effects on surroundine properties andlor public facilities:(fl A description of how the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and anv features. such as connections to trail systems.
natural svstems or sreenbelts. that have been e stablished to retain and enhance the
character of the resort and the overall MPR:
A of the intended of
(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 existins resort and MPR demands, includine but not limited to
transportation. water. sewer and stormwater facilities: and a demonstration that sufficient
and services to the are available will
time development permits are applied for.
(2) Major Revision Process. Major revisions shall be processed as a hearins examiner
decision (Type III). with a required oublic hearing prior to the decision. Public notice of the
application. the required public hearinq. the written decision. and appeal opportunities shall be
provided to all persons or aeencies as required by the land use procedures of JCC Chapter 18.40
Unified Code.
the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a T)rpe V
county commissioners decision) prior to any decision on the Resort Plan amendment and teyiew
Commission and recommendation
Commissioners who approve all Comprehensive Plan amendments.
(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan.
of Commissioners
Amendments. only if all the following criteria are met:(a) The proposed revision would further the eoals and policies set forth in the
Comprehensive Plan:
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(b) No unmitieated probable sieqificailL 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:
fd\ On-site and off-site infrnstnrctrrre nnlrrrlinc hrrf nnf limitprl to tvqtet sewer,
storm water and transportation facilities) impacts have been fully considered and
mitigated:
(e) The proposed revision complements the existinq resort facilities. meets the needs
of residents and patrons. and provides for unified development. integrated site design.
and protection of natural amenities.
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