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HomeMy WebLinkAbout0471 Shannen Cartmel From:Patty Charnas Sent:Tuesday, February 20, 2018 10:50 AM To:Philip Hunsucker Cc:Michelle Farfan Subject:ATTORNEY CLIENT COMMUNICATION FYI: Acknowledgement Letter Jefferson County Material ID 24637 Attachments:AckLetter 2-18.pdf; Pleasant Harbor Master Planed Resort Updated and Revised 60- day Notice Phil – Attached area formal acknowledgement letter and my original outgoing letter to Washington Dept of Commerce Growth Management Services. To clarify, as a result of this correspondence, we would advise that the Board not make any final decision concerning adoption until or after April 20, 2018. If you have any questions, please let us know. We are still pursuing the information on the record that you requested earlier. Patty Charnas - Director Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4493 ~ Fax 360-379-4451 pcharnas@co.jefferson.wa.us From: COM GMU Review Team [mailto:reviewteam@commerce.wa.gov] Sent: Tuesday, February 20, 2018 10:26 AM To: Patty Charnas <PCharnas@co.jefferson.wa.us> Subject: Acknowledgement Letter Jefferson County Material ID 24637 Attached is the acknowledgement letter regarding: Proposed amendment to County Code Title 17 Master Planned Resorts and Title 18 Unified Development Code to provide zoning and development standards for the Pleasant Harbor Master Planned Resort. For more convenient and faster service please contact the Review Team at reviewteam@commerce.wa.gov or call 360.725.4047 if you have any questions. Please retain this letter for your records From:Patty Charnas To:reviewteam@commerce.wa.gov Cc:Joel Peterson Subject:Pleasant Harbor Master Planed Resort Updated and Revised 60-day Notice Date:Friday, February 16, 2018 3:42:00 PM Attachments:Commerce Document.pdf Dear Review Team, Attached please find a 60-day notice to amend development regulations regarding the Pleasant Harbor Master Planned Resort in the community of Brinnon, Jefferson County, WA. It substantially updates and revises an earlier 60-day notice under Material ID# 21894. Thank you very much for your attention to this matter. If you have any questions or need anything further, please do not hesitate to let us know. Patty Charnas - Director Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4493 ~ Fax 360-379-4451 pcharnas@co.jefferson.wa.us All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. Dear Ms. Charnas: Director of Community Development Jefferson County 621 Sheridan Street Port Townsend, Washington 98368 Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. February 20, 2018 Patty Charnas County of Jefferson - Proposed amendment to County Code Title 17 Master Planned Resorts and Title 18 Unified Development Code to provide zoning and development standards for the Pleasant Harbor Master Planned Resort. These materials were received on February 16, 2018 and processed with the Material ID # 24637. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services Rev 06/2016 Notice of Intent to Adopt Amendment 60 Days Prior to Adoption Indicate one (or both, if applicable): Comprehensive Plan Amendment X Development Regulation Amendment Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of intent to adopt a proposed comprehensive plan amendment and/or development regulation amendment under the Growth Management Act. Jurisdiction: Jefferson County Mailing Address: Department of Community Development 621 Sheridan Street; Port Townsend, WA 98368 Date: February 8, 2018 Contact Name: Patty Charnas Title/Position: Director, Department of Community Development Phone Number: 360-379-4493 E-mail Address: pcharnas@co.jefferson.wa.us Brief Description of the Proposed/Draft Amendment: If this draft amendment is provided to supplement an existing 60-day notice already submitted, then please provide the date the original notice was submitted and the Commerce Material ID number located in your Commerce acknowledgement letter. Date original notice submitted: December 10, 2015 Material ID # 21894 To amend Jefferson County Code Title 17 Master Planned Resorts and Title 18 Unified Development Code to provide zoning and development standards for the Pleasant Harbor Master Planned Resort (MPR) which was designated in a 2008 comprehensive plan amendment. In 2016, the Planning Commission recommended development regulations for consideration by the Board of County Commissioners. Jefferson County Community Development is proposing revisions in redline/strike-out to the Planning Commission recommended version. Revisions are proposed based on internal legal review and to improve clarity and consistency with local and state laws. Pleasant Harbor MPR is also subject of development agreement between the developer and the County which detail additional standards and compliance requirements. This project has a 16 year history. Nothing in the proposed zoning regulations remove or diminish established development code relating to land use and environmental permitting, stormwater, site development engineering, critical areas and land division of any proposed construction or development. Rev 06/2016 Is this action part of the scheduled review and update? GMA requires review every 8 years under RCW 36.70A.130(4)-(6). Yes: ___ No: _X Public Hearing Date: Planning Board/Commission: Completed Jan 2016 County Commission: April 9, 2018 Proposed Adoption Date: April 16, 2018 (tentative) REQUIRED: Attach or include a copy of the proposed amendment text or document(s). We do not accept a website hyperlink requiring us to retrieve external documents. Jurisdictions must submit the actual document(s) to Commerce. If you experience difficulty, please contact reviewteam@commerce.wa.gov 1 February 6, 2018 STATE OF WASHINGTON County of Jefferson An Ordinance Amending Jefferson County Code Title 17 adding a Chapter and entitling it ‘Master Planned Resorts’ and Amending Title 18 ‘Unified Development Code’ regarding the Pleasant Harbor Master Planned Resort ) ) ) ) ) ) ) ORDINANCE NO. _____________ WHEREAS, RCW Chapter 36.70A. et seq., the Growth Management Act (“GMA”) requires that counties planning under the GMA to adopt development regulations that are consistent with and implement their comprehensive plans; and WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation of the State of Washington (“the Board”) constitutes the legislative body for Jefferson County (“the County”); and WHEREAS, the County adopted a GMA-derived comprehensive plan on August 28, 1998 via Resolution 72-98 and adopted GMA implementing regulations codified at Jefferson County Code (“JCC”) Title 18 on December 18, 2000; and WHEREAS, JCC Title 18 provides guidance on the process and procedures for amending the JCC; and WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson County. The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master Planned Resort (“MPR”) would be “a self-contained and fully integrated planned unit development, in a setting of significant natural amenities with primary focus on destination resort facilities consisting of short-term visitor accommodations.” In addition, 1. Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental impact statement was issued in 2007; 2. Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management Hearings Board which determined that: “The environmental impacts of this project were studied at an appropriate level of detail, with provision for further environmental review at the project level stages of development;” 3. An appeal of the decision of the Growth Management Hearings Board ended in 2011, after it was first affirmed by the Thurston County Superior Court and, then the Court of Appeals; 2 February 6, 2018 4. Ordinance 01-0128-08 included a finding that any future site planning, building and development of the Pleasant Harbor MPR will be consistent with “all GMA-derived development regulations relating to GMA critical areas and all on-site and off-site infrastructure and service impacts … will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits;” 5. All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance 01-0128-08 are incorporated herein; and WHEREAS, the purpose of this Ordinance is to specifically adopt the internal zoning map and internal zoning code of the Pleasant Harbor MPR and incorporate the record supporting code text amendments and all other related Pleasant Harbor MPR reports, findings, conclusions, items of record and mitigation measures as analyzed in the Final Supplemental Environmental Impact Statement (“FSEIS”) published on December 9, 2015; and WHEREAS, the Jefferson County Planning Commission, following timely and effective public notice, held a public hearing on January 6, 2016 to take public testimony and allowed the hearing record to remain open until February 3, 2016 to receive written comments on the proposed Pleasant Harbor MPR development regulations published in the FSEIS; 1. Approximately 114 individual comments were received by the Planning Commission on the environmental impact analyses, development regulations, and draft development agreement, as analyzed in the FSEIS; 2. Beginning on February, 2016 and continuing until June, 2016, following timely and effective public notice, the Planning Commission held seven deliberation meetings on the proposed development regulations as published in the FSEIS; 3. On June 15, 2016, following timely and effective public notice and in accordance with JCC 18.45.090, the Planning Commission forwarded to the Board of County Commissioners recommended development regulations amending JCC Title 17 and Title 18, along with associated findings and conclusions regarding the Pleasant Harbor MPR zoning code; and WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR contained in Ordinance 01-0128-08 and in recognition of the Board’s desire to establish and maintain good working relationships with area tribes and in recognition of Washington Governor’s Office of Indian Affairs guidelines on government-to-government consultations between federally recognized Indian tribes and the State of Washington in order to respect the sovereign status of the parties, enhance and improve communications, and facilitate the resolution of issues, The County consulted with affected tribes seeking to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and 3 February 6, 2018 WHEREAS, government-to-government consultations related to the environmental review, planning, development standards and development agreement of the Pleasant Harbor MPR and tribal issues regarding usual and accustomed hunting and fishing rights and regarding tribal cultural resources go back at least as far as 1996, concerning the Brinnon Subarea Plan and have continued through to the present, the documentation of which is hereby incorporated into the record; and WHEREAS, the Board finds that opportunities provided for government-to-government consultations and for citizen participation used in the preparation of these proposed amendments to Title 17 and 18 JCC are consistent with the requirements of the Governor’s Office of Indian Affairs guidelines, GMA and the State Environmental Policy Act; and WHEREAS, the Board has considered and makes the findings that the proposed amendments to Titles 17 and 18 JCC are consistent with and support other comprehensive plan elements and/or development regulations and that will correct certain deficiencies and insert desirable changes to development regulations; and WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety to enact the proposed amendments to Titles 17 and 18 JCC. NOW, THEREFORE, be it ordained: Section 1. Amendment to Jefferson County Code. JCC Title 17 “Port Ludlow Master Planned Resort” is changed to “Master Planned Resorts” and a new Chapter titled “Pleasant Harbor Master Planned Resort” is added as set forth in Attachment 1 and incorporated herein and by this reference is hereby adopted. Section 2. Amendment to Jefferson County Code. JCC Title 18 “Unified Development Code” is amended as set forth in Attachment 2 and incorporated herein and by this reference is hereby adopted. Section 4. Effective Date. This ordinance is effective immediately upon adoption. Section 5. Explicit Action. Should any amendment to JCC Title 17 and Title 18 that was passed by the Board during its deliberations be inadvertently left out upon publication, the explicit action of the Board as discussed and passed shall prevail upon subsequent review and verification by the Board. Section 6. Severability. If any provision of this ordinance or its application to any person, entity, or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstance, is not affected. APPROVED and ADOPTED this ________ day of _____________, 2018. 4 February 6, 2018 SEAL: ATTEST: ______________________ Carolyn Gallaway Deputy Clerk of the Board Approved as to form only: _________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney JEFFERSON COUNTY BOARD OF COMMISSIONERS ________________________________________ David Sullivan, Chair ________________________________________ Kathleen Kler, Member ________________________________________ Kate Dean, Member Draft updated 12/10/2017 -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 17.60.010 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 to set forth development 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. The Pleasant Harbor MPR provides a mixture of visitor-oriented transient accommodations, secondary homes, recreational facilities, and supporting commercial facilities 17.60.040 Master Plan For the purposes of this Article, the Master Plan for future development of the Pleasant Harbor MPR consists of the regulations, along with the conditions and requirements of Ordinance 01- 0128-08 and Final Environmental Impact Statements and Final Supplemental Impact Statement, maps, mitigation measures, and the Development Agreement between the County and the Developer. 17.60.040 Additional requirements. In addition to the requirements of this title, the provisions of Title 15 and Title 18 of the Jefferson County Code shall apply 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 01/10/2018 Draft updated 12/10/2017 -2- Site Plans, and all subsequent development within the MPR area will be subject to the approved binding site plan and as specified in the terms and conditions of the Development Agreement between Jefferson County and the Developer. 17.60.050 Applicability. The provisions of this title shall apply to all land use actions and siting of infrastructure including over water or in-water work to be conducted within the boundary of the Pleasant Harbor Master Planned Resort 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 other applicable 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 (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. 17.60 060 Exemptions. The following structures and uses shall be exempt from the regulations of this title, but are subject to all other applicable local, state and federal regulations including, but not limited to, the county building ordinance, interim critical areas ordinance, the shoreline management master program, and the State Environmental Policy Act (SEPA). (1) 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 by a governmental entity or a public or private utility or other county franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during 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 storage tanks or facilities, which shall require conditional use approval in any zone where permitted; (2) Underground utility equipment, mailboxes, bus shelters, informational kiosks, public bicycle shelters, or similar structure or device which is found by the director of community development to be appropriately located in the public interest; 01/10/2018 Draft updated 12/10/2017 -3- (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 by the County prior to adoption of this chapter. 17.60.070 Pre-existing uses and structures. Existing legally-permitted, residential and non-residential land uses and structures in all zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent with state law, Titles 15 and 18 of the Jefferson County Code and any other applicable regulations or Ordinances. 17.60.070 Resort Cap and Residential Use Restrictions 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 including, but not limited to hotels, motels, lodges, and any residential uses allowed under each zone.. Short-term rental shall be construed to mean less than 30 days. The Pleasant Harbor MPR in total shall have a development cap of 56,608 square feet of resort commercial, retail, restaurant, and conference space. 17.60.080 Nonconforming Uses Existing nonconforming in all zones of the MPR are lawful uses and may be continued unless abandoned for a continuous twelve-month period. 17.60.090 Nonconforming Structures Existing nonconforming structures in all zones of the MPR are lawful uses and may be continued and maintained. Existing nonconforming structures damaged or destroyed by fire, earthquake, explosion, wind, flood, or other calamity may be completely restored or reconstructed if all of the following criteria are met: (1) The restoration and reconstruction shall not serve to extend or increase the nonconformity of the original structure. (2) The reconstruction or restoration shall, to the extent reasonably possible, retain the same general architectural style as the original destroyed structure, or an architectural style that more closely reflects the character of the surrounding neighborhood. (3) Permits shall be applied for within one year of the damage. Restoration shall be substantially complete within two years of permit issuance. (4) Expansions or substantial modifications to rebuilt nonconforming structures shall comply with current regulations and codes, except that an existing nonconformity regarding the amount of impervious surface on a site may be maintained. 17.60.100 Exemptions. Minor construction activities, as defined by the International Building Code, Section 106.2 and structures are exempt under Chapter 15.05 JCC, as amended, from this Title. 01/10/2018 Draft updated 12/10/2017 -4- 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 hereafter amended shall apply to any alleged 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) Chapter 17.65, Golf Resort (MPR-GR Zone) 17.65.010 Purpose. The MPR-GRRRC zone allows residential and recreational facilities, as well as commercial amenities and services associated with the resort and surrounding community. It also allows for the central resort and conference facilities. 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 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. (23) 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 master planned resort; and (d) recreation business and facilities; (34) Cultural and educational informational 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; (45) Indoor and outdoor resort-related recreational facilities, including but not limited to tennis courts, swimming pools, spa services, hiking trails, bicycle paths, ropes courses, 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; (7) Public water supply and related facilities; (58) Public facilities and services as defined in JCC 18.10.160; (9) Utilities supporting the resort; (10) Emergency services (fire, police, EMS); (11) Medical services; and 01/10/2018 Draft updated 12/10/2017 -5- (612) Other similar uses consistent with the purpose of this zone and 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 of the local Fire District. Underground or imbedded parking 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 adjacent MPR zones. Minimum building setback from State Route 101 is 50 feet. (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 35 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. 17.65.050 Critical Areas All provisions of existing County Code regarding critical areas and their buffers apply except that wetland buffers once determined are to be placed in a permanent conservation easement. 17.65.050 Critical Areas, Significant Tree Retention and Cultural Resources Protection Areas (1) Critical areas and their buffers within the MPR boundaries shall be identified, delineated 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 designated buffer areas. (2) Significant Tree Retention. All trees measuring 10” diameter breast high (dbh) or greater on the date of binding site plan approval shall be located and marked for retention, and measures taken to protect surrounding soil and roots during site disturbance. Where there is no alternative to removing such trees, 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 glacial retreat. Black Point has three such geologic and culturally significant features inside the MPR 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. 01/10/2018 Draft updated 12/10/2017 -6- (4) Special Environmental Protection Provisions. Notwithstanding all other environmental requirements, the MPR approved plan must have provisions 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, putting human health at risk as well as fish and wildlife. An approved plan for directing untreated run-off away from the aquifer and treating all on-site run-off with current biofiltration standards prior to any discharge to the aquifer. (b) An approved organic vegetation and site management plan 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 full protection to the aquifer and any on-site or neighboring wells that rely on that aquifer for potable water. (d) No golf course greens should be constructed over the aquifer recharge area. Site grading and excavation shall be minimized, as demonstrated by a County reviewed and approved grading plan pursuant to JCC 18.30.060 & 070. (e) Land disturbing 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 quality testing shall be conducted at specific monitoring sites to be identified in the Resort Plan to test for saltwater intrusion and toxic 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 oxygen levels. (g) All development and land disturbance shall protect/avoid all important cultural/historic sites that are listed, or eligible to be listed, by 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 assignees must provide for all on-site recycling of material, including paper, glass, cardboards, plastics, and composting of garden 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, 01/10/2018 Draft updated 12/10/2017 -7- including those applied as compost feedstocks, and pest controls are within the parameters and use restrictions set forth by the National List of Allowed and Prohibited Substances as published and periodically updated b y USDA National Organic Program. (i) The applicant shall identify wildlife use areas within the site and provide for set-aside and protection of core wildlife habitat areas and connecting corridors. (j) 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, greenbelt retention and maintenance and establishment of permanent protective easements for these resources, as well as the other specific requirements of Jefferson County 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 proposed 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 Sky Association (IDA) Zone E-1 standards for the MPR in order to limit night-time light pollution which may affect neighboring residential areas as well as wildlife. (5) Public Access to Master Planned Resort Amenities. All amenities and recreational resources of the development shall be open to all members of the public, with the exception of those type of activities pertaining to guests and residents only such as access to laundry rooms or internal recreation rooms, TV rooms, etc. Nothing in this section shall prevent the operator of any recreational resource from establishing a fee or charge for the public’s use of the recreational resource. Chapter 17.70, Open Space Reserve (MPR-OSR) 17.70.010 Purpose. The purpose of the MPR-OSR zone is to provide for a non-clearing permanently forested native vegetation buffer between the resort development and natural vegetated buffer area between the resort activities 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. include a buffer extending landward 50 feet as surveyed from the top of the shoreline bluff bank, including a 10 foot building setback, along southern boundary of the MPR in accordance with Ordinance No. 01-0128-08. 01/10/2018 Draft updated 12/10/2017 -8- 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 of appropriate critical area reports: (1) Restoration of existing development intrusions (roads, campsites) to their natural pre- development state; and (2) Passive recreation, including trails that do not reduce the forest canopy, increase stormwater discharge, or bluff erosion. (3) Educational and interpretive displays and signs may be installed if such installations involve a minimum of disturbance to soils or vegetation. Chapter 17.75, Marina - Maritime Village (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 PH MPRresort and surrounding community, and provides support to the marina operations the central 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 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) All over-water buildings and docks shall be constructed so as not impede migrating fish and to minimize shading. (5) Accessory uses and structures, such as garages, carports, storage buildings and similar structures supporting marina and maritime village uses, fuel service and parking; (6) Indoor and outdoor resort-related recreational facilities, including but not limited to tennis courts, swimming pools, marinas, hiking trails, bicycle paths, ropes courses, game center and other recreational uses consistent with the nature of master planned resort; (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; (11) Medical services; and (12) Other similar uses consistent with the purpose of the zone and MPR as determined by the Department of Community Development and consistent with 18.25 JCC. 17.75.030 Prohibited Uses. 01/10/2018 Draft updated 12/10/2017 -9- Float planes and float plane docks are prohibited. Aerial access is limited to helicopters for emergency medical purposes only. 17.75.030 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 that one structure may exceed 35 feet, but may not exceed 45 feet. Underground or imbedded parking shall not be included in any height calculations. 17.75.040 Bulk and setback requirements. There are no yard or setback provisions internal to the MPR-MV zone. Minimum building setback from Highway 101 right-of-way shall be 35 feet. Minimum building setback from Black Point Road right-of-way shall be 20 Allfeet. All new structures located within shoreline jurisdiction shall comply with the setback requirements of the County’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 “Master Plan” defined by 17.60.040 for facilities to be located in the Pleasant Harbor MPR “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 development within the Pleasant Harbor MPR. 17.80.020 Development cap. The Pleasant Harbor MPR in total shall have a development cap of (intentionally left blank to be determined by further 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 space. 17.80.020 Required Mitigation Measures During Operations. 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 the terms and conditions of the Ordinance 01-0128-08 and the mitigation measures contained in the Development Agreement entered into between Jefferson County and the Developer are required for the PH-MPR. Listed for reference are those mitigation measures, which include but are not limited to: (1) Shoreline Mitigation: The southern shoreline abutting Hood Canal will be put into a permanent conservation easement from the ordinary high water mark to 200 feet landward. 01/10/2018 Draft updated 12/10/2017 -10- (2) Water Quality Mitigation: (a) The Pleasant Harbor MPR shall be required to perform water quality monitoring and to supply that data from the state water quality sampling station and other stations in 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 appropriate mitigation measures to alleviate any water quality issues caused by 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. (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) New or significant expansions to existing fuel storage or transfer shall be prohibited on marina floats, docks, piers, and storage lockers. (i) No storage of oily rags, open paints, or other flammable or environmentally hazardous materials except emergency equipment as approved in the Emergency Service MOU shall be permitted on the docks. 01/10/2018 Draft updated 12/10/2017 -11- (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 (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 01/10/2018 Draft updated 12/10/2017 -12- 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: (e) 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. (f) 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. (g) All development within the Pleasant Harbor MPR shall use the International Dark Sky Association (IDA) Zone E-1 standards within the boundaries of the Pleasant Harbor MPR. (h) 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 Resort Plan and Development Agreement The Resort Plan, shall consist of an approved binding site plan, including monitoring and operational plans, and an approved 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 17.80.030 SEPA Compliance Required (1) Substantial Compliance with Environmental Impact Statements and Supplemental Environmental Impact Statements Required. (a) Potential environmental impacts from future development of the Pleasant Harbor MPR have been assessed and addressed in prior environmental documents. The prior reviews were published in the following documents: i. Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort (September 5, 2007) (DFEIS); ii. Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement (November 27, 2007) (FEIS); iii. Draft Supplemental Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort November 19, 2014 (DSEIS); 01/10/2018 Draft updated 12/10/2017 -13- iv. Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement December 9, 2015 (FSEIS). (b) The FEIS, DSEIS and FSEIS are referred to collectively as the “Prior EISs.” Development shall substantially comply with the express mitigation measures imposed pursuant to the Prior EISs. (c) The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as well as Condition 63(b) of Ordinance 01-0128-08, for all subsequent approvals or permits to develop the Pleasant Harbor MPR including, but not limited to, plats, short plats, binding site plans, boundary line adjustments, development permits, grading permits and building permits. No additional substantive SEPA mitigation measures are required for approvals or permits that authorize development that is consistent with level and range of development analyzed in the Prior EISs. (d) Additional environmental analysis may be required for a new or modified proposal that materially exceeds the level and range of development reviewed in the Prior EISs. For any such new or modified proposal, relevant information from Prior EISs shall be used to the fullest extent possible in future SEPA review. The scope of environmental review shall be limited to considering how or whether the proposal differs from or exceeds the scope of the Prior EISs and if so, whether such modification results in potentially significant adverse environmental impacts that have not been adequately addressed in the Prior EISs. 17.80.040 Permit process for resort development. (1) A project-level supplemental environmental impact statement (SEIS) analyzing development of the Resort Plan is required prior to issuance of building permits for any new resort development. (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 and demonstrate sufficient details, including a detailed site plan, showing approximate elevations, sections, and floor plans are required, however, 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 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 Chapter 18.40 JCC shall be applicable to the permit process for resort development. (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 following completion of review and approval of a full resort buildout plan through the SEIS process. A phasing schedule may be proposed as part of the environmental review or may be developed at a later date. 01/10/2018 Draft updated 12/10/2017 -14- 17.80.050 Environmental review for Resort Plan development. (1) All project level applications will be presumed to meet the threshold for a SEPA Determination of Significance except where the SEPA-responsible official determines that the application results in only minor impacts. Existing environmental review documents may 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, 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 applicable development agreement and these development regulations. (3) The utility element of any subsequent phase of SEPA review pertaining to the Pleasant Harbor MPR shall provide 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 considered if necessary to ensure that water quality and water supply are adequately protected and impacts 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 approved Resort Plan. Other elements, issues, and specific levels of detail may be included based on information available at the time the Resort Plan development application is submitted. Elements noted above may be combined in the SEPA analysis to reduce duplication and narrow the focus on potentially significant adverse environmental impacts. 17.80.060 Revisions to Resort Plan. (1) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zone changes 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 Resort Plan. A revision to the existing MasterResort Plan shall be submitted to the county for approval prior to the acceptance of any proposal that is inconsistent with the MasterResort Plans set forth in this title. Upon approval of a revision, all subsequent development proposals shall be consistent with the revised ResortMaster Plan and development regulations. (3) Proposed revisions to the Resort Plan shall be submitted to the Department of Community 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. 17.80.070 Minor revisions. (1) Minor Revisions. The MasterResort Plans may require minor changes to facilities and services in response to changing conditions or market demand. Minor revisions are those that do 01/10/2018 Draft updated 12/10/2017 -15- not result in a substantial change to the intent or purpose of the MasterResort Plan and do not have a significantly great impact on the environment than that addressed in previous environmental documents. The following nonexclusive list of changes are examples of a minor revision for purposes of this section: (a) An increase in the overall gross commercial square footage of the Master Plan that does not cumulatively exceed five (5) percent; (d) Addition of uses that do not modify the recreational nature and intent of the resort. (e) Minor shifting of the location or orientation of buildings; (f) Minor shifting of the location or orientation of parking areas; (g) Minor changes to landscaping; (h) Minor shifting of the location, design or orientation of public facilities; (i) Timing of approved development. A change to the Master Plan not specifically identified above 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 if not specifically mentioned above if does not otherwise qualify as a major revision.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 percent (5%) increase in the overall gross square footage of the Resort Plan; (b) Will have no additional impacts on the environment and/or facilities than that addressed in the development plan; (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. (2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to, and reviewed by the Jefferson County Department of Community Development (DCD) to determine if the revisions are consistent with all of the approved provisions of the Resort Plan the 2015 FSEIS, the Jefferson County Comprehensive Plan 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. 17.80.080 Major revisions. 01/10/2018 Draft updated 12/10/2017 -16- Revisions to the Resort 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 substantialadditional impacts on the environment beyond those reviewed in previous environmental documents, are considered to be major revisions and will require application for a revised MasterResort Plan. (1) Application for a Major Revision to the MasterResort Plan. An application shall be prepared describing the proposed revision in relation to the approved MasterResort Plan and providing a framework for review, analysis and mitigation of the revised development activity proposed. The MasterResort Plan revision proposal shall include the following information: (a) A description of how the revised MasterResort Plan would further the goals and policies set forth in the Comprehensive Plan; (b) A description of how the MasterResort Plan revision complements the existing resort facilities of the Pleasant Harbor MPR; (c) A description of the design and functional features of the Master 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 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 Resort Plan, and their effects on surrounding properties and/or public facilities; (f) A description of how the proposed MasterResort 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; (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 resort and MPR demands, including but not limited to transportation, water, sewer and stormwater facilities; and a demonstration that sufficient facilities and services to support the development are available or will be available at the time development permits are 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, Unified Development Code. Any proposed major revision also involving a change to 01/10/2018 Draft updated 12/10/2017 -17- the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V county commissioners decision) prior to any decision on the MasterResort Plan amendment. and review by the County Planning Commission and subsequent recommendation to the Board of County Commissioners who approve all Comprehensive Plan amendments. (3) Decision Criteria. The hearing examiner may approve a major revision to the MasterResort Plan, and the Board of County Commissioners may approve any associated Comprehensive Plan Amendments, 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. Chapter 17.85, Limitation of Permit Approval, Extinguishment and Severability 17.85.010 Limitation of permit approval. (1) An MPR approved with a phasing plan shall be null and void if the applicant fails to meet the conditions in the approved phasing plan. (a) A new development plan shall be required for any development on the subject property. (b) 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. 17.85.030 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 01/10/2018 Draft updated 12/10/2017 -18- 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 MPR. Pleasant Harbor 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. The Pleasant Harbor MPR is characterized by resort and recreation facilities and amenities 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 are is 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 site-specific amendment to the Comprehensive Plan Land Use Map subject to the findings required by JCC 18.45.080. 01/10/2018 Draft updated 12/10/2017 -19- 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 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. (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) Temporary and/or permanent 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: 01/10/2018 Draft updated 12/10/2017 -20- (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. (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; 01/10/2018 Draft updated 12/10/2017 -21- (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. (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. 01/10/2018 Draft updated 12/10/2017 -22- 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. (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. 01/10/2018