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HomeMy WebLinkAbout114 -1- 6/20/17 06262017 DISCLAIMER: This draft is being sent as part of the County’s deliberative process and without resolving potential and existing conflicts between provisions and standards contained in the Draft Development Agreement and provisions and standards in these Draft Regulations. Nor does this draft have the benefit of ensuring harmonization with Developer’s phasing plan and public amenities list which was requested along with other needed items in a May 17, 2017 transmittal from Jefferson County to the Developer. Once these items and Developer’s comments on Draft Development Agreement are received can the County review and revise the Draft Regulations and Draft Development Agreement to ensure conflicts are resolved and all required provisions are included. After which a new draft Development Agreement and Development Regulations will be moved forward in consultation with the continued deliberative process and according to the work plan discussed. PLEASANT HARBOR MASTER PLANNED RESORT Title 17 MASTER PLANNED RESORTS Title 17, Article I, Port Ludlow MPR Chapters 17.05-17.50 No change. -2- Title 17, Article II, Pleasant Harbor MPR Chapter 17.60, General Provisions 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 For the purposes of this Article, the Master Plan for future development of properties within the Pleasant Harbor MPR is the includes the regulations, along with the conditions and requirements of Ordinance 01-0128-08 and Final Environmental Impact Statements, maps, mitigation measures, phasing plans and the Development Agreement between the County and the Developer. 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 Requirements. Any land disturbing activity within the Pleasant Harbor MPR must 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 Impact Statement (November 27, 2007) (2007 FEIS), the Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement December 9, 2015 (2015 FSEIS); and -3- (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. Reinsert here language on existing structures and uses to address bed-and-breakfast and Harbor House. 17.60.060 Qualified Lead Planner. The director of the department of community development shall appoint a qualified planner to serve as the lead planner for the Pleasant Harbor MPR. The lead planner shall review or coordinate review of all land use applications within the Pleasant Harbor MPR boundaries, and shall serve as the initial point of contact for citizens seeking information on development proposals or planning issues in the community. 17.60.070 Public Notice Roster. The department of community development shall establish and maintain a public notice roster which shall be used to provide notice of land use applications within the Pleasant Harbor MPR boundaries. The Pleasant Harbor MPR roster shall supplement any other list of names or addresses to which the department provides public notice information. Any person or organization may request to be added to the roster at any time. 17.60.070 Exemptions. Only minor construction activities, as defined by the IBC, Section 106.2 and structures are exempt under Chapter 15.05 JCC, as amended; 17.60.080 Enforcement The enforcement provisions codified in Chapter 18.50 Enforcement of Title 18 of the Jefferson County Code as currently enacted or as amended shall apply to any alleged violation of Title 17, Article II, more commonly known as the “Pleasant Harbor MPR Code.” Chapter 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. 17.65.020 Permitted Uses. (1) Residential uses including single-family and multifamily structures, condominiums, townhouses, apartments, lofts, villas, time-share, and fractionally owned accommodations. (2) Short-term 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. Short-term rental shall be construed to mean less than 30 days. -4- (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 businesses 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, art galleries, and indoor or outdoor 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 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. 17.65.030 Height restrictions. No buildings 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 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 as measured 200 feet horizontally 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 do not preclude applicable buffers and setbacks as required under this title or under Title 18 Jefferson County Code. -5- 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 Permitted 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 breakfast and fractionally owned accommodations of all kinds; (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) Indoor and outdoor resort-related recreational facilities, 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 Prohibited Uses. Float planes and float plane docks are prohibited. Aerial access is limited to helicopters for emergency medical purposes only. 17.75.040 Height restrictions. 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 Condo-tel/conference 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. (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 -6- 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. Chapter 17.80, Pleasant Harbor Resort Development 17.80.010 Resort development. This section describes the “Master Plan” defined by 17.80.040 for facilities to be located in the Pleasant Harbor MPR, sets out a required environmental review process for any future resort development, 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. 17.80.020 Required Mitigation Measures During Operations. The Pleasant Harbor MPR shall comply with all applicable mitigation measures required by Ordinance 01-0128-08 and the MOUs required by it, the 2007 FEIS, the 2015 SFEIS, 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. (2) Water Quality Mitigation: (a) 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. (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. (c) In 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. (d) 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. (3) Marina Mitigation: (a) All stormwater from impervious surfaces shall be captured and treated to the most current edition of the Stormwater Manual of Western Washington before discharge. -7- (b) There shall be no discharge of sewage or contaminated bilge waters at the marina. (c) Pump out facilities shall be provided and operational at all times. (d) Cleaning of fish or sea life shall be prohibited within the controlled access areas of the marina. (e) The Project permits shall incorporate shellfish protection district guidelines. (f) The marina shall have the right to inspect any vessel at any time. (g) 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. (h) Fuel storage or transfer shall be prohibited on marina floats, docks, piers, and storage lockers. (i) 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. (j) 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. (k) Any minor repairs must employ a containment barrier that prevents debris from entering the marine waters. (l) Notification and information (before harvesting shellfish) will be available at the proposed (m) 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. (n) 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. (o) 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, minimize, and full mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. (4) Golf Course Mitigation -8- (a) 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. (b) 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. (c) Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. 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, (d) 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. (5) Greenhouse Gas Mitigation: The Pleasant Harbor MPR shall collaborate at least annually with the Climate Action Committee (CAC) or its successor 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. (6) Blending of Buildings, Light Mitigation, Greenbelts and Buffer Management: (a) In 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. (b) 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) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects. (c) The Pleasant Harbor MPR shall use the International Dark Sky Association (IDA) Zone E- 1 standards within the boundaries of the Pleasant Harbor MPR. (d) 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. 17.80.030 Development cap. The Pleasant Harbor MPR in total shall have a development cap of 890 residential units provided, however, short term visitor accommodation units shall constitute not less than 65 percent of the -9- 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. 17.80.040 Permit process for resort development.When triggered, SEPA will be required (one sentence) (1) A project-level supplemental environmental impact statement (project-level SEIS) analyzing development under the Master Plan is required prior to issuance of building permits for any new resort development. The applicant may choose to develop a new environmental impact statement rather than a supplement. (2) Notice of development application and environmental review under SEPA shall be provided to all persons or agencies 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 review process, but submitted architectural drawings must contain sufficient details, including a detailed site plan showing approximate elevations, sections, and floor plans to ensure that the SEPA review process analyzes and considers project-level details. (4) The department of community development may impose mitigating conditions or issue a denial of some or all of the Master Plan based on the environmental review and using authority provided pursuant to the State Environmental Policy Act, Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development. (5) Upon completion of the project-level SEIS, building permits may be issued following appropriate plan review, for projects analyzed in the project-level SEIS. (6) Actual resort development may be undertaken in phases, but only following completion of review and approval of a full resort buildout master plan through the project-level SEIS process. A phasing schedule may be proposed as part of the environmental review or may be developed at a later date. 17.80.050 Environmental review for resort development. Or the one sentence here (1) All project level applications will be presumed to meet the threshold for a SEPA threshold Determination of Significance, except where the SEPA-responsible official determines that the application results in only minor impacts. Existing environmental documents may be adopted under SEPA if those documents meet SEPA and JCC requirements to adequately address environmental impacts and any 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 2007 FEIS issued and the 2015 FSEIS, together with such additional requirements as a project specific application 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 utility 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 monitoring shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be -10- considered if necessary to ensure that water quality and water supply are adequately protected and impacts to natural resources minimized. (4) Any preliminary scope for future development within the Pleasant Harbor MPR shall be consistent with the approved Master Plan. Other elements, issues, and specific levels of detail may be included based on information available at the time the Resort a development application is submitted. Elements noted above may be combined in the environmental impact study analysis to reduce duplication and narrow the focus on potentially significant adverse environmental impacts. 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. (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) Involve no more than a five (5) percent increase in the overall gross square footage of the Master Plan; (b) Will not have a significantly greater impact on the environment and/or facilities than that addressed in previous environmental documents; (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; (f) Minor shifting of parking areas; -11- (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 FSEIS 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 II decision under the 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 provisions contained within this section shall be deemed a major revision, subject to the provisions outlined in JCC 17.80.080. 17.80.090 Major revisions. 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, 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 -12- cumulative impacts of both the proposed revision and the approved Master Plan, and their effects on surrounding properties and/or public facilities; (f) 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 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 III), 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 III 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. -13- Chapter 17.85, Limitation of Permit Approval, Extinguishment and Severability 17.85.010 Limitation of permit approval. 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 It. If physical development of the MPR (or first phase thereof) has not been commenced within the applicable time period, the MPR shall be extinguished. 17.85.030 Severability If any section, subsection, clause or phrase of this title or amendment thereto, or its application to any person or circumstance, is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons or circumstances shall not be affected -14- Title 18 UNIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only 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 only 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 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 II. 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 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 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 only existing officially designated master planned resorts in the county areis the Port Ludlow MPR and the Pleasant Harbor MPR, provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.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 -15- site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. 18.15.120 Purpose and intent. Jefferson County has a wide range of natural features, including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.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 36.70A.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: (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-term rental; provided, that short-term visitor accommodations shall constitute no less than 65 percent of the total resort accommodation units. 3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf courses (including accessory 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 recreational vehicle (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. -16- (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities, and services to the extent necessary to maintain and operate the master planned resort. (8) 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. (f) 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. -17- (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 XI of Chapter 18.40 JCC (Development Agreements), and RCW 36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and RCW 36.70B.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; (b) Phasing of development, if requested by the applicant; (c) Procedures for review of site-specific development plans; (d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retail/commercial 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 36.70B.170(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article VII 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. If 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. -18- (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). (2) A request for authorization of a development agreement, pursuant to the requirements of JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements). (3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § 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. 18.15.135 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 criteria, then the application shall be denied. (1) 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 of the county. (3) If an MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping, and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed. -19- (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) 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 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 Port Ludlow Master Planned Resort. The Port Ludlow 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. -20- Chapter 15.05 BUILDING CODES 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) Chapter 51-50 WAC – International Building Code. The 2009 Edition of the International Building Code as published by the International Conference of Building Officials is hereby adopted by reference with the additions, deletions, and exceptions noted in the Washington Administrative Code; (2) Chapter 51-52 WAC – International Mechanical Code. The 2009 Edition of the International Mechanical Code as published by the International Conference of Building Officials is hereby adopted by reference with the exceptions noted in the Washington Administrative Code; (3) Chapter 51-54A WAC – International Fire Code. The 2009 Edition of the International Fire Code as published by the International Fire Code Institute 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 2009 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference with the additions, deletions, and exceptions noted in the Washington Administrative Code; (5) Chapter 51-51 WAC – International Residential Code. The 2009 Edition of the International Residential Code as published by the International 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 chapter of the Washington Administrative Code. [Ord. 12-12 § 1]