Chapter 17.50
RESORT DEVELOPMENT
Sections:
17.50.030 Permit process for resort development.
17.50.040 Requirement to vacate or withdraw existing or vested residential development rights.
17.50.050 Environmental review for Resort Plan development.
17.50.060 Revisions to Resort Plan.
17.50.010 Applicability.
This section describes the “Resort Plan” for facilities to be located in the resort complex/community facilities zone, 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 the resort and associated development whether on resort-owned property or on other property. These provisions do not apply to any future development proposed solely by and for the LMC, SBCA, or any other community association. [Ord. 8-99 § 3.90]
17.50.020 Resort Plan.
The Resort Plan for future development of properties in the MPR-RC/CF zone shall be limited and shall not exceed the scope of development set forth below and shall include no uses except those set forth below, unless a major revision is approved (see JCC 17.50.060). Changes to this Resort Plan that decrease the sizes noted below are allowed. As of the effective date of the ordinance codified in this division, the Resort Plan shall be as set forth herein.
(1) Gross square feet of resort development: 498,300.
(2) Hotel guest rooms: 275.
(3) Restaurants: 59,000 total square feet:
One 200-seat year-round restaurant;
One 125-seat seasonal restaurant (near marina);
Also includes hotel lobby and registration area, spa area, kitchens, offices and storage rooms.
(4) Lounge, one year-round, 125 seats: 5,000 square feet.
(5) Resort retail: 2,500 square feet.
Plus associated storage: 1,400 square feet.
(6) Conference center, associated with and physically part of hotel buildings: 22,000 square feet.
Plus support areas and storage: 8,000 square feet.
(7) Indoor tennis courts: 26,000 square feet.
(8) Indoor sports and pool complex: 13,500 square feet.
(9) Structured/underground parking: 119,000 square feet.
(10) Museum or interpretive center: 7,500 square feet.
(11) Support buildings (maintenance, warehousing, housekeeping): 12,000 square feet.
(12) Youth center: 4,000 square feet.
(13) Marina expansion, slips: 100 slips.
(14) Amphitheater.
(15) Yacht club.
(16) Four detached single-family residences and one five-unit townhome structure; provided, that these structures are not included in or limited by the gross square feet of development for the Resort Plan noted in subsection (1) of this section.
(17) All existing townhomes; provided, that these structures are not included in or limited by the gross square feet of development for the Resort Plan noted in subsection (1) of this section.
Building heights and impervious surface limits shall apply as set forth in Chapter 17.25 JCC. Surface parking in addition to the structured or underground parking noted above may be provided. Miscellaneous support areas including laundry facilities and administrative offices may be included, but shall not increase the gross square footage for the resort complex, except that the minor revision process may be used to permit these facilities with up to a five percent increase in gross square footage. [Ord. 3-18 § 2; Ord. 8-99 § 3.901]
17.50.030 Permit process for resort development.
(1) A project level supplemental environmental impact statement (SEIS) analyzing the resort plan is required prior to issuance of building permits for any new resort development. Environmental review of the Resort Plan shall not be piecemealed or broken into small segments. The applicant may choose to develop a new environmental impact statement rather than a supplement.
(2) Notice of application for environmental review of the Resort Plan shall be provided to all persons on the Port Ludlow MPR roster established by the department pursuant to JCC 17.05.070, as well as to any other persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18, Unified Development Code.
(3) Actual building permit plans or construction drawings are not required during the SEIS process. Architectural drawings including a detailed site plan, and architectural sketches or drawings showing approximate elevations, sections, and floor plans are required, however, to ensure that the SEIS 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. A report detailing any such conditions or denials shall be issued within 30 days of issuance of the final SEIS, and prior to issuance of any Resort Plan building permits. This report and the conditions, approvals or denials contained therein shall be treated as an administrative decision of the department under the land use procedures of JCC Title 18, Unified Development Code (Type II decision) and shall be appealable to the county hearing examiner.
(5) Following completion of the SEIS and the department report on the Resort Plan, building permits may be issued, following appropriate plan review, for projects analyzed in the SEIS. If the department report is appealed, no permits shall be issued until the administrative appeal is resolved.
(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.
(7) In conjunction with the environmental review process, the department shall calculate the total MERUs needed to support the Resort Plan. This calculation shall also establish the net new MERUs needed for resort development. These net new MERUs shall be transferred from those initially allocated pursuant to JCC 17.45.050 to new residential development on the resort property, and shall be removed from the count of available MERUs for as long as the resort use or its development rights exist. [Ord. 8-99 § 3.902]
17.50.040 Requirement to vacate or withdraw existing or vested residential development rights.
Concurrent with issuance of any permit for new resort development, any existing, pending, or vested development rights for projects or parts or phases of projects that: (1) have not been developed, and (2) are located in the RC/CF zone, and (3) are not included in the described Resort Plan, shall be withdrawn, vacated or otherwise permanently released. For any subdivision that has been approved and recorded, but only partially developed, a plat alteration shall be applied for and processed as set forth in state law and in applicable county ordinances. Nothing in this division is intended to affect the process or the specific outcome of any application for such a plat alteration. [Ord. 3-18 § 2; Ord. 8-99 § 3.903]
17.50.050 Environmental review for Resort Plan development.
(1) Detailed environmental review for future resort development shall be required pursuant to RCW 43.21C.031 and the State Environmental Policy Act (SEPA) Rules of Chapter 197-11 WAC. A project level supplement to the Port Ludlow Development Program EIS (finaled April 1993) shall be prepared, or a new stand-alone EIS may be prepared. Prior to defining the scope of the document, a public scoping hearing shall be held.
(2) The scope of the SEIS or EIS shall include, but not be limited to, the following elements:
(a) Earth, including grading, erosion control, and dredging;
(b) Water, including runoff and water quality issues, including those associated with marina expansion, and public water supply;
(c) Plants and animals, including impacts on fish and wildlife migration and threatened or endangered species;
(d) Land and shoreline use, including relationship to existing land use plans and estimated population, housing, light and glare, aesthetics, noise with respect to potential amphitheater uses, recreation, and historic and cultural preservation;
(e) Transportation, including trip generation, traffic congestion, traffic systems, vehicle and pedestrian hazards, parking and spill-over parking; and
(f) Public services and utilities, including water, storm water, sewer, and fire (as may be related to building heights in excess of 35 feet).
(3) The land use element of the document (see subsection (2)(d) of this section) shall provide information about expected occupancy rates, size of conferences (expected attendance), any possibilities for expanded conference center use of resort facilities such as the indoor tennis courts, as well as possible conference center use of other community facilities or privately owned properties.
(4) The utility element (see subsection (2)(f) of this section) shall review information on all affected utility systems, including sewer and water systems 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.
(5) This preliminary scope is based on the described Resort Plan. Use of the term “including” shall mean “including but not limited to.” 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 EIS analysis to reduce duplication and narrow the focus on potentially significant adverse impacts. [Ord. 8-99 § 3.904]
17.50.060 Revisions to Resort Plan.
(1) Any proposed changes to the MPR boundary or zone changes within the 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 17.50.070 and 17.50.080. 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 Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set forth in this division. Upon approval of a revision, all subsequent development proposals shall be consistent with the revised Resort Plan and development regulations.
(3) Proposed revisions to the Resort Plan shall be submitted to the department of community development 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 17.50.070 and 17.50.080. [Ord. 3-18 § 2; Ord. 8-99 § 3.905]
17.50.070 Major revisions.
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 a substantial impact on the environment beyond those reviewed in previous environmental documents, are considered to be major revisions and will require application for a revised Resort Plan.
(1) Application for a Major Revision to the Resort Plan. An application shall be prepared describing the proposed revision in relation to the approved Resort Plan and providing a framework for review, analysis and mitigation of the revised development activity proposed. The Resort Plan revision proposal shall include the following information:
(a) A description of how the revised Resort Plan would further the goals and policies set forth in the Comprehensive Plan;
(b) A description of how the Resort Plan revision complements the existing resort facilities of the MPR;
(c) A description of the design and functional features of the Resort Plan revision, setting out how the revision provides for unified development, integrated site design and protection of natural amenities;
(d) A listing of proposed additional uses and/or proposed changes to density and intensity of uses within the resort, and a discussion of how these changes meet the needs of residents of the MPR and patrons of the resort;
(e) A 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 Resort Plan, and their effects on surrounding properties and/or public facilities;
(f) A description of how the proposed Resort Plan revision is integrated with the overall 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 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.
(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 written decision, and appeal opportunities shall be provided to all persons on the Port Ludlow MPR roster (see JCC 17.05.070) and such other persons or agencies as required by the land use procedures of JCC Title 18, Unified Development Code. Any proposed major revision involving a change to the boundaries of the RC/CF zone shall require a Comprehensive Plan amendment (a Type V county commissioners decision) prior to any decision on the Resort Plan amendment.
(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan only if all the following criteria are met:
(a) The proposed revision would further the goals and policies set forth in the Comprehensive Plan;
(b) No unmitigated 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. [Ord. 8-99 § 3.906]
17.50.080 Minor revisions.
(1) Minor Revisions. The county recognizes that the Resort Plan may require minor changes to facilities and services in response to changing conditions or market demand and that some degree of flexibility for the resort is needed. Minor revisions are those that do not result in a substantial change to the intent or purpose of the Resort Plan in effect and which:
(a) Involve no more than a five percent increase in the overall gross square footage of the Resort Plan;
(b) Will not have a significantly greater impact 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 Process. Applications for minor revisions shall be submitted to, and reviewed by the Jefferson County department of community development to determine if the revisions are consistent with the existing Resort Plan and Resort Plan SEIS, the Jefferson County Comprehensive Plan 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 on the Port Ludlow MPR roster (see JCC 17.05.070) and such other 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 17.50.070. [Ord. 8-99 § 3.907]