Chapter 17.45
DEVELOPMENT CAP
Sections:
17.45.010 Development cap and MERUs.
17.45.030 MERU allocation and assignment.
17.45.040 Initial allocation of commercial MERUs.
17.45.050 Initial allocation of residential MERUs.
17.45.070 MERU allocation not property specific – Limitations.
17.45.010 Development cap and MERUs.
(1) The Jefferson County Comprehensive Plan provides that within the MPR boundary total residential dwelling units shall not exceed 2,250. In order to implement this development cap and allow flexibility within the limits established by the 1993 FEIS, a measurement and transfer system based on the number of actual residential lots, actual dwelling units, and equivalent residential units for commercial development has been established.
(2) Equivalent residential units are measurable and transferable between residential and commercial uses. This division uses the term “MERU” or “measurement ERU” to distinguish the meaning and use of the term “equivalent residential unit” in this code from its more common application to water and sewer utility issues. In this code, “MERU” and “measurement ERU” are defined as set forth in JCC 17.45.030. The terms define the measurement and transfer mechanism for future development within the MPR boundaries.
(3) Within the boundaries of the Port Ludlow Master Planned Resort, total development shall be capped at 2,575 measurement ERUs (MERUs). Actual residential dwelling units shall not exceed 2,250. [Ord. 3-18 § 2; Ord. 8-99 § 3.801]
17.45.020 MERU record.
The department of community development shall maintain a count of MERUs and of residential dwelling units. A system shall be established no later than 60 days from the effective date of the ordinance codified in this division that provides an up-to-date count of available MERUs. This system shall maintain a current count, shall be available to the general public for inspection during regular business hours, and shall be updated as needed to reflect current usage and allocations of MERUs. Allocations of MERUs shall be determined according to the provisions of JCC 17.45.030. The department shall maintain records of ERU and MERU allocations and shall maintain a matrix showing allocation of residential and commercial MERUs. [Ord. 3-18 § 2; Ord. 8-99 § 3.802]
17.45.030 MERU allocation and assignment.
MERUs shall be allocated and assigned as follows:
(1) Each MERU shall be assumed to generate 200 gallons per day (gpd) of sewer wastewater flow.
(2) Each single-family dwelling unit or recorded, platted lot shall count as one MERU.
(3) Each multifamily dwelling unit shall count as one MERU.
(4) Assisted living, congregate care, and similar facilities shall be assigned an MERU amount based on the number of bedrooms, beds, and type of care or assistance provided. Reference shall be made to State Department of Ecology sewer design standards for single-family and multiple-family dwellings, nursing homes, and homes for the aged. Ecology design standards shall be those in place at the time of application for assisted living, congregate care or similar uses.
(5) Commercial development shall be assigned an MERU amount based on State Department of Ecology design standards, as of the effective date of the ordinance codified in this division.
(6) If a use is proposed that is not called out in this section or is not assigned a flow rate by the State Department of Ecology, the required gallons per day for a use (and its MERU allocation) may be assigned based on measurements of actual use or other comparative process as approved by the department of community development.
(7) Residential lots approved by a preliminary subdivision or preliminary short subdivision shall be allocated MERUs based on the preliminary subdivision (preliminary plat or preliminary short plat) approval. If the preliminary plat or preliminary short plat expires or is withdrawn before being finaled, the MERU allocation shall revert to unallocated status.
(8) If a recorded subdivision is vacated or if platted lots are consolidated through a boundary line adjustment or otherwise in a manner that precludes development of one or more residential uses, unusable MERUs shall revert to unallocated status. [Ord. 3-18 § 2; Ord. 8-99 § 3.803]
17.45.040 Initial allocation of commercial MERUs.
Of the total 2,575 MERUs allowed within the MPR, 325 are initially allocated to commercial development. Fifty-five new MERUs are reserved for the village commercial center. Three new MERUs are reserved for additional resort commercial development, and 41 are reserved for future expansion of the golf course pro shop and golf support facilities. All other commercial MERUs (226) are initially allocated to existing development. [Ord. 8-99 § 3.804]
17.45.050 Initial allocation of residential MERUs.
Of the total 2,575 MERUs allowed within the MPR boundaries, 2,250 are initially allocated to residential development. Existing (built) residential development accounts for 1,064 residential MERUs, platted but undeveloped lots total 727, and lots with preliminary plat approval account for an additional 326. As of the effective date of the ordinance codified in this division, a total of 133 MERUs remain available (subject to final verification pursuant to JCC 17.45.020) for additional residential development or may be transferred to support commercial development as set forth in JCC 17.45.060. [Ord. 3-18 § 2; Ord. 8-99 § 3.805]
17.45.060 MERU transfer.
MERUs initially allocated for residential development may be transferred to support commercial development. Commercial MERUs may support either commercial or residential development, provided that commercial MERUs shall not be transferred to support residential development exceeding the cap of 2,250 dwelling units. [Ord. 8-99 § 3.806]
17.45.070 MERU allocation not property specific – Limitations.
MERUs are not assigned to specific properties, with the following limitations:
(1) Developed properties, platted properties, properties with approved preliminary plats, and properties with issued or vested building permits shall have, maintain and carry forward the MERU allocation associated with the use, plat, preliminary plat, or building permit for as long as the use or plat exists or the preliminary plat or building permit maintains its active status.
(2) The village commercial center zone shall have an initial allocation of 55 new MERUs.
(3) The resort complex/community facilities zone shall have an initial allocation of three new MERUs on the resort property.
(4) The recreation area zone (golf course pro shop and golf support facilities) shall have an initial allocation of 41 new MERUs.
(5) All remaining MERUs and any MERUs that revert to unallocated status pursuant to JCC 17.45.030(7) or (8), are available for future residential or commercial development, with no limitation, assignment or reservation.
(6) This allocation of MERUs shall be updated by the department of community development as set forth in JCC 17.45.020. [Ord. 8-99 § 3.807]