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HomeMy WebLinkAbout088STATE OF WASHINGTON County of Jefferson ORDINAIYCE NO. 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 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"); *d 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, affrrmed 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;" and WHEREAS, Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental impact statement was issued on November 27 ,2007 as Final Environmental Impact Statement for the Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort) Master Planned Resort; and WHEREAS, Jefflerson 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;" and WHEREAS, an appeal of the decision of the Growth Management Hearings Board ended in 2011, after it was first affrrmed by the Thurston County Superior Court and, then the Court of Appeals; and I t luv 29. 2(i lB WHEREAS, 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;" and WHEREAS, 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 development regulations for 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, intemal zoning map 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 ("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; and WHEREAS, approximately 114 individual written comments were received by the Planning Commission on the environmental impact analyses, development regulations, and draft development agreement, as analyzed in the FSEIS; and WHEREAS, beginning in 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; and WHEREAS, On June 15, 2016, following timely and eflective public notice and in accordance with JCC 18.45.090, the Planning Commission forwarded to the Board 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, on numerous dates during 2017, Jefferson County representatives conducted govemment-to-government consultations with representatives of the Point No Point Treaty Council, the Port Gamble S'Klallam Tribe, and the Skokomish Tribe concerning the proposed development regulations amending JCC Title 17 and Title 18; and WHEREAS, on August 14,2017 and January 18, 2018, the Board and the Planning Commission held a joint meeting that included a review and discussion of staffproposed revisions to Planning Commission recommended development regulations for Pleasant Harbor MPR; and 2 tr{u.v i9. )018 WHEREAS, on February 5, 2018, the Board approved a hearing notice published on February 7, l4 and 28,2018, setting a public hearing on April 9,20t8 on the staffproposed revisions to Planning Commission recoillmended development regulations for Pleasant Harbor MPR and establishing a public comment period beginning February 7 ,2018 accepting written public comments up and through the end of the public hearing; and WHEREAS, on April 9,2018, following timely and efflective public notice and in accordance with JCC 18.45.090, the Board held a public hearing on staflproposed revisions to the Planning Commission recommended development regulations during which seventy-five (75) verbal comments were received and after which the Board made a motion to extend the public comment period to accept written public comments t until4:30 pm on April 13,2018; and WHEREAS, the Board received public testimony and began deliberations on the hearing record, including 282 pieces of wriuen testimony and verbal testimony from 75 members of the public; and WHEREAS, on May 21,2018, following timely and effective public notice, a staff report was presented to the Board to assist the Board's deliberations that included a matrix that documented of the 282 written comments and75 verbal comments received during the Board public comment period and based on the record, the Board gave staff direction to incorporate further refinements to the staffproposed revisions to the Planning Commissions recorlmended development regulations for the Pleasant Harbor MPR to improve clarity for the Board's continued deliberations; and WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR contained in Ordinance 0l-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 Govemor's Office of Indian Affairs guidelines on govemment-to-govemment 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 WHEREAS, govemment-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 govemment-to-government consultations and for citizen participation used in the preparation of these proposed amendments to Title 17 md l8 JCC are consistent with the requirements of the Governor's Office of Indian Affairs guidelines, GMA, the State Environmental Policy Act and Ordinance 01-0128-08; and J llu.v )9. 2ti l8 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, Ordinance 0l-0128-08 and/or development regulations, and 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. Adoption of the Record and Supporting Code Text Amendments. The preceding "'Whereas" statements are hereby adopted as findings, and the record supporting code text amendments and all other related Pleasant Harbor MPR reports, findings, conclusions, items of record, internal zoning map and mitigation measures, as analyzed in the Final Supplemental Environmental Impact Statement ("FSEIS") published on December 9,2015, are hereby incorporated, and the Pleasant Harbor MPR internal zoning code is hereby adopted as follows. Section 2. Amendment to Jefferson County Code. JCC Title 17 "Port Ludlow Master Planned Resort" is changed to "Master Planned Resorts" and a new Article titled "Pleasant Harbor Master Plarured Resort" is added as set forth in Attachment 1 and incorporated herein and by this reference is hereby adopted. Section 3. Amendment to Jefferson County Code. JCC Title l8 "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 ard Title l8 that was passed by the Board during its deliberations be inadvertently left out upon publication, the explicit action ofthe 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. 4 tllu.v 29. )018 APPROVED and ADOPTED this _ day of SEAL: 20r8. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair ATTEST: Carolyn Gallaway Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Kathleen Kler, Member Kate Dean, Member 5 ,t.lt,t.v )!). )(il8 Attachment I PLEASANT HARBOR MASTER PLAIINED RESORT Title 17 MASTER PLAIYNED 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) Chanter 1.7.60. General Provisions 17.60Jf0 Authorifi. 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 Article shall be known as the "Pleasant Harbor Master Planned Resort Code" or by the short title'lPleasant Harbor MPR Code." Citations to these resulations shall be made using the apolicable JCC section number. 17.60.030 Purpose and intent. The purpose and intent of the Pleasant Harbor MPR code is to set forth development regulations that are consistent with the Jefferson Countv Comprehensive Plan for future development within the boundaries of the Pleasant Harbor Master Planned Resort ("MPR'). The Pleasant Harbor MPR provides a mixture of visitor-oriented transient accommodations. secondarv homes. recreational facilities. and supportine commercial facilities. 17.60.040 Master Plan. For the pumoses of this .&rticle, the Master Plan for future development of thg Ilelsax( Llarbor MPR consists of the rezulations set forth in this Article. alone with the conditions and requirements of Ordinance 01-0128-08 and the conditions and requirements published in the November 27. 2007 Final Environmental Impact Statement for the Brinnon (also refened to as the Pleasant Harbor Marina and Golf Resort) Master Planned Resort and December 2015 Pleasant Harbor Final Supplemental Impact Statement. includine maps. mitigation measures. phasine plan and any Development Aereement between Jefferson County and the Developer. 17.60.050 Applicabilitv The provisions of this title shall apply to all land use actions and sitine of infrastructure including over water or in-water work to be conducted within the boundar.y of the Pleasant Harbor MPR as depicted on the official land use map for Jefferson Countv. Washington. I 17.60.060 In addition to the requirements of this title. the provisions of Title 15 and Title 18 of the Jefferson Count), Code shall apply to development in the Pleasant Harbor MPR. Any resulated land use or development activitv within the Pleasant Harbor MPR must comply with the applicable development standards and requirements of: (l) Conditions and requirements of Ordinance 01-0128-08: (2) The mitigation measures required in the November 27. 2007 Final Environmental Impact Statement for the Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort) Master Planned Resort (2007 FEIS). the Pleasant Harbor Marina and Golf Resort. Final Supplemental Environment Impact Statement December 9.2015 (2015 FSEIS): and (3) The terms and conditions of any Development Aereement entered into between Jefferson County and the Developer. Where conflicts occur between the provisions of this title and other applicable code provisions. or other resulations. the more restrictive shall apply. Section 18.20.260 of the Jefferson County Code. as currently enacted or as hereafter amended. applies to all existing nonconformine uses or structures in all zones of the MPR. U.60.090 Reseryed. 17.60.100 Exemptions. The exemptions contained in Chapter 15.05 of the Jef[erson County Code. as currently enacted or as hereafter amended. apply in all zones of the MPR. 17.60.110 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 alleeed violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code." Chapter 17.65. Golf Resort (MPR-GR Zone) -2- 17.60.070 Resort Cap and Residential Use Restrictions. Pursuant to Ordinance 01-0128-8-08. the Pleasant Harbor MPR in total shall have a development cap of up to 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 visitor accommodation units and short term rental units shall be construed to mean occupancies equal to or 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 Nonconformins Uses and Structures. 17.65.010 Purpose. The MPR-GR zone allows residential and recreational facilities. as well as commercial amenities and services associated with the resort and surroundine community. 17.65.020 Permitted Uses.(l) Residential uses including single-family and multifamily structures. condominiums. townhouses. apartments. lofts. villas. time-share and other fractionally owned accommodations.(2) Visitor oriented amenities. includine. but not limited to: (a) Conference and meetinL_facilities: (b) Restaurants. cafes. delicatessens. pubs. taverns and enteriainment associated with such uses: (c) C)n-site retail setvlces and businesses twli found in destination resorts and desisned to serve the convenience needs of users and employees of master planned resort: and (d) Recreation business and facilities: (3) Cultural and informational facilities of all kinds including. but not limited to. intemretative displays of local Native American ties to and uses of the area. art ealleries. and indoor or outdoor theaters: (4) Indoor and outdoor resort-related recreational facilities. includins but not limited to tennis courts. swimmins pools. spa services. hikine trails. bicycle paths. ropes courses. amphitheater. and other recreational uses consistent with the nature of master planned resort: (5) New public facilities and services as defined in JCC 18.10.160. but only as a conditional use if not Ert of a plattins. development review process or one-time expansion: and(5) Other similar uses consistent with the purpose of this zone and MPR as determined by the Department of Community Development. 17.65.030 restrictions. No buildings within the MPR-GR zone shall be erected. enlarged or structurallv modified to exceed 35 feet in heietrt as measured bv IBC standards except with approval of the director of the Department of Community Development and the local Fire District. Underground or imbedded parkine shall not be included in any height calculations. 17.65.040 Setback requirements. (l) 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 riglrt-of-way is 20 feet. O\ All buildinss not attached or havins walls shall be separated bv a minimum distance of 10 feet. as measured from foundation to foundation. 17.65.050 Critical Areas. All provisions of existing Jefferson County Code regarding critical areas and their buflers applv. except that wetland buffers once determined are to be placed in a permanent conservation easement. -J- Chapter 17.70. Open Space Resene (MPR-OSR) 17.70.010 Purlose. The purpose of the MPR-OSR zone is to provide for 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 ordinar.v high water mark of Hood Canal as measured in accordance with local and state code. Bufflers and setbacks as required under this title or under Title l8 Jefferson Countv Code apply to the MPR-OSR zone. Chaoter 17.75. Marina - Maritime Villase (MPR-Ivf\n 17.75.010 Purnose. The MPR-MV zone provides mixed use amenities and services associated with the marina and maritime village portion of the Pleasant Harbor MPR and surroundine community. and provides support to the marina operations. 17.75.020 Permitted uses. The followine uses are permitted in the MPR-MV: (1) Marina as approved through the Jefferson County Shoreline Master Proeram and associated reeulations Chapter 18.25 JCC: (2) Residential uses includine 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: (5) Accessory uses and structures. such as garages. carports. storage buildines and similar structures supporting marina and maritime village uses. fuel service and parkinq: (6) Indoor and outdoor resort-related recreational facilities. includine 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: (il New public facilities and services as defined in JCC 18.10.160. but only as a conditional use if not part of a platting. development review process or one-time expansion: and. (8) Other similar uses consistent with the pumose of the zone and MPR as determined bv the Department of Communitv Development and consistent with 18.25 JCC. 17.75.030 ProhibitedUses. Float planes and float plane docks are prohibited. Aerial access is limited to helicopters for emergency medical pumoses only. 17.75.040 Heieht restrictions. -4- No buildinss within the MPR-MV zone shall be erected. enlarged or structurally modified to exceed 35 feet in heieht 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 heieht calculations. 17.75.050 Setback requirements. (1) Minimum buildine setback from Highway 101 right-of-way shall be 35 feet. Minimum building setback from Black Point Road rieht-of-way shall be 20 feet. (2) All new structures located within shoreline jurisdiction shall comply with the setback requirements of Jefferson County's Shoreline Master Program as codified under JCC t8.25. 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. 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 RequiredMitigationMeasuresDuringOperations. The mitigation measures required in the Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort). Final Environment Impact Statement (November 27. 200fl (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 Countv and the Developer are required for the PH-MPR. Listed for reference are those mitisation measures. which include but are not limited to: (1) Shoreline Mitigation: The southern shoreline abuttine Hood Canal will be put into a permanent conservation easement from the ordinary high water mark to 200 feet landward. Property ownership and responsibility for the permanent conservation easement shall be set forth in any development aereement. (2) Water Ouality Mitieation: (a) The Pleasant Harbor MPR shall be required to perform water qualitv monitoring and to supply that data from the state water qualitv sampling station and other stations in Pleasant Harbor and submit a summary water quality report to Jefferson County. (b) The Pleasant Harbor MPR shall comply with a Countv-based comprehensive water quality monitorine plan requiring at least monthly water collection and testing developed and apgoved in concert with an adaptive management prograrn. -5- utilizing best available science and appropriate state aeencies. 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 loadine. in addition to any on-site monitorine reeime. (c) In the event that water qualitv shows any sien of deterioration. Jefferson County shall consult with the resort. the local residents. and the State (both Washing(on State Department of Health and Washinqton 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 Mitieation: (a) Al1 stormwater from impervious surfaces shall be captured and treated to the most current edition of the Stormwater Manual of Western Washinglon before discharee. (b) There shall be no discharee 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 euidelines. (f) The marina shall have the rieht to inspect any vessel at any time. (g) The marina shall develop and manage an active boater education prograrn appropriate to the marina setting to supplement Jefferson Counlv program developed as part of the shellfi sh protection district. (h) New or significant expansions to existine fuel storaee or transfer shall be prohibited on marina floats. docks. piers. and storage lockers. (i) No storage of oilv rags. ooen paints. or other flammable or environmentallv hazardous materials except emergency equipment as approved in the Emergency Service MOU shall be permitted on the docks. O Painting. scraping. and refinishine 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. -6- (l) Notification and information (before harvestine shellfish) will be available at the proposed. (m)The marina operations shall incorporate mitiBation requirements appropriate under Jefferson Countv Shellfish Protection Plan. and shall integrate a boater education proeram 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 Jeft1"on County in an adaptive management program to eliminate. minimize. and fully mitigate any changes arisine from the resort and related Pleasant Harbor or Maritime Village. (o) The marina operations shall conduct ongoine monitorine and maintain an inventory regarding Tunicates and other invasive species. and shall be required to participate with Jefferson Countv and state agencies in an adaptive management proeram to eliminate. minimize. and fulImitigate anv changes arisins from the resort. and related to Pleasant Harbor or the Maritime Village. (4) Golf Course Mitigation (a) The Pleasant Harbor MPR shall ensure that solf course operations comply with the best practice standards of the King County golf course manaeement 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 Jefferson County. as a result of the water qualitv monitoring proerarn required by JCC 17.080.020(2) and any chanees caused by the resoft operations. (c) Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessar.v to achieve the eoal of designine and installine stormwater management infrastructures and teshniques 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 identifr techniques to mitigate such emissions throush seqrestration and/or other acceptable methods. (6) Blending of Buildings. Lieht Mitigation. Greenbelts and Buffer Manaeement: -7- (a) In keeping with an approved landscapine and grading plan. and in order to satisff 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 wav thev will blend into the terrain and landscape with park-like green belts betrveen buildings. (b) Construction of buildings within the Pleasant Harbor MPR boundaries shall strive to preserve trees that have a diameter of l0 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 sienificant trees are protected during construction. To the extent possible. trees of significant size (i.e. 10 inches or more in diameter at breast heieht (dbh) that are removed during construction shall be made available with their root wads intact for possible use in salmon recoverv projects. (c)All develooment within the Pleasant Harbor MPR shall use the International Dark Sky Association (IDA) Zone E-l 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 SEPA Compliance Required. (l) 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: Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort Geptember 5. 200fl (DFEIS): ii. Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort) Marina and Golf Resort" Final Environment Impact Statement (November 27. 2007) GEIS): iii. Draft Supplemental Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort November 19. 2014 (DSEIS): lv.Pleasant Harbor Marina and Golf Resort. Final Supplemental Environment ImEct 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. -8- (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 includine. but not limited to. plats" short plats" binding site plans" boundar.v line adjustments. development permits. erading permits and buildins 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 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 Revisions to Resort Plan. (1) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zone chanees 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. Jeflerson County may approve an amendment to the Comprehensive Plan only if all requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.(2) Jefferson Countv 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 Jefferson Countv 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 develooment rezulations. (3) Proposed revisions to the Resort Plan shall be submitted to the Department of Communitv Development (DCD) and the DCD director will determine whether the proposal constitutes a major or minor revision. Upon making a determination. the proposed revision shall fo[qw the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070. 17.80.050 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 pumose of the Master Plan and do not have a significantly great imoact 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 eross commercial square footage of the Master Plan that does not cumulatively exceed five (5) percent: (d) Addition of uses that do not modifr the recreational nature and intent of the resort. -9- (e) Minor shifting of the location or orientation of buildings: (fl Minor shiftine of the location or orientation of parkins areas; (e) Minor chanees to landscapine: (h) Minor shiftine of the location. desisn or orientation of public facilities: and (i) Timins of anoroved develooment. A chanee to the Master Plan not specifically identified above may still qualifr as a minor revision under this section despite its failure to satisfr one or more of the conditions (a) throueh (h) of this section if not specifically mentioned above if the change does not otherwise qlalifr as a major revision.(2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to. and reviewed by the Jefferson Countv Department of CommuniU Development (DCD) 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 0l- 0128-08. and other pertinent documents. Those proposals that satisfu the above-referenced criteria shall be deemed a minor plan revision and may be administratively approved (-as a Type II decision under the land use procedures of JCC Title 18. Unified Development Code) by the director of the department of communitv development. Public notice of the application. the wutten decision, and appeal opporlrni ties shall be orovided to all Dersons or asencies 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. 17.80.060 Maior revisions. Revisions to the Resort Plan that will result in a substantial chanee to the resort including: changes in use. increase in the intensitv of use. or in the size. scale. or density of development: or changes which may have substantial impacts on the environment beyond those reviewed in previous environmental documents. are major revisions and will require aoplication 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 followine information: (a) A description of how the revised Master Plan would further the eoals and policies set forth in the Comprehensive Plan: (b) A description of how the Master Plan revision complements the existine resort facilities of the Pleasant Harbor MPR: (c) A description of the desien and functional features of the Master Plan revision. setting out how the revision provides for unified development. integrated site desien and protection of natural amenities: -10- (d) A listins of proposed additional uses and/or proposed changes to densitv and intensity of uses within the resort. and a discussion of how these changes meet the needs of residents of the Pleasant Harbor MPR and patrons of the resort: (e) A completed SEPA environmental checklist with description and analysis of the environmental impacts associated with the proposed revision. including an analysis of the cumulative impacts of both the proposed revision and the approved Master Plan. and their effects on surrounding properties and/or public facilities: (0 A description of how the proposed Master Plan revision is integrated with the overall Pleasant Harbor MPR and any features. such as connections to trail systems. natural systems or ereenbelts. that have been established to retain and enhance the character of the resort and the overall Pleasant Harbor MPR:(gL A description of the intended phasing of development projects: (h) Maps. drawings. illustrations. or other materials necessar.v to assist in understandine and visualizine the desien and use of the completed proposed its facilities and and the of (i) A calculation of estimated new demands on capital facilities and services and their relationship to the existine resort and MPR demands. includine but not limited to transportation. water. sewer and stormwater facilities: and a demonstration that sufficient facilities and services to suooort the are available or will be available at the time development permits are applied for: and(j) A description of how the proposed major revision may affect the Memorandums of Understanding (MOU's) as identified in the Development Reeulations or Ordinance 01-0128-08. (2) Major Revision Process. Maior revisions shall be processed as a hearine examiner decision (Type III). with a required public hearine prior to the decision. Public notice of the application. the required public hearins. 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 the boundaries of the MPR zone shall reoulre a Comprehensive Plan amendment (a Tvoe V countv commissioners decision) prior to any decision on the Master Plan amendment.(3) Decision Criteria. The hearine examiner mav approve a maior revision to the Master Plan. and the Board of CounU Commissioners may approve any associated Comprehensive Plan Amendments. only if all the followine 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 prooosed revision: (c) The revision is consistent with all applicable development resulations. 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: and(Sr) The proposed revision complements the existing resort facilities. meets the needs of residents and patrons. and provides for unified development. integrated site desien. and protection of natural arnenities. -11- Chapter 17.85. Limitation of Permit Approval. Extinguishment and Severability 17.85.010 Limitation of permit approval. (1) An MPR approved with a phasine plan shall be null and void if the applicant fails to meet the conditions in the approved phasine plan. (a) A new development plan shall be re$ired for anv development on the subject proDeqv. (b) Specific developgrent activities shall be subject to the standards of the approved MPR and the reeulations in effect at the time of development permit application. (2) This section is not an exclusive basis for enforcement. All other bases for enforcement apply. 17.85.020 Severabilitv. 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. -12- Attachment 2. Title 18 I]MFIED 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 ifthe residential uses are integrated into and support the on-site recreational nature ofthe resort.(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifgt@ existing officiallydesignatedmasterplannedresortin@isthePortLud1ow 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 characterizedby 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 intemal 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 Jefferson County. The Pleasant Harbor MPR is desiqnated in accordance with RCW 36.704.360 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 bv 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 restriclions msv he more restrictive then the reouiremenfs ln TCC T'itle 17. However 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established trnder the Comprehensive Plan. The officially designated master planned resorts in the+eun*Jgtrelgen Countv Afq h 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 -13- 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. 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 36.704.360:(l) All residential uses including single-family and multifamily structures, condominiums, time-share and fractionally owned accommodations; provided, such uses are integrated into and support the on-site recreational nature 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 ofthe users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and(d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales.(6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums.(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master 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. -14- 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 frrll extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location.(e) A description, with supportive information and maps, of the design and functional features that provide for a unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site.(0 A description of the environmentally sensitive areas of the project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program.(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 suffrcient 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, concrurency, and other commitments should development cease before all phases are completed.(2) Development Agteement. A master planned resort shall require approval of a development agreement as authoizedby Article XI of Chapter 18.40 JCC (Development Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.a0.830(3) and RCW 36.708.170, the development agreements shall be prepared by the applicant and must set -1 5- 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 retaiUcommercial services ;(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and other development conditions; and(0 Other development standards including those identified in JCC 18.40.840 and RCW 36.708.170(3).(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning process authorized under Article 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+eunffJgffersoU County. The Comprehensive Plan amendment or subarea plan may be processed by the eeunryJgffersoneggqry concurrent with the review of the resort master plan and development agreement required for approval of a master planned resort. (4)PlannedActions.Ifdeemedappropriatebytheapplicantand@, amasterp1annedresortprojectmaybedesignatedby@asaplanned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-ll-164 and 197-11-168.(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban $owth areas in compliance with RCW 36.70A.110. 18.15.129 Applicationrequirementsandapprovalprocess. 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:(l) A draft of the master plan shall be prepared to meet the requirements of JCC 1 8.1 s.126(l ).(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 $ l] 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 -16- 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 @nvironmentally 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 @.(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 nafural 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 g 1] 18.15.138 Per+Iardle* Master Planned Resort. The Perlludle+v 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. -t7- ,7 l*snB'o 8 ,fn'l${ BRIAD\TONMPR- ZONNGMAP }HWAf to'-./ [/ARINA r1146g=(MpR_MV) GoLr RESoRT (MPR-GR) OPEN SPACE RESERVE (MPR_OSR) HOOD CANAL BLACK POINT RD. 101US