HomeMy WebLinkAbout68_CORRECTED Response to Aramburu Letter Dated 2024-0202_2024-0416JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY
DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment
Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us
_________________________________________________________________________________
SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning
Page 1 of 5
April 16, 2024
J. Richard Aramburu
Law Offices of J. Richard Aramburu PLLC
705 Second Ave., Ste 1300
Seattle, WA 98104
Phil Best
Hood Canal Environmental Council
PO Box 87
Seabeck, WA 98380
via email: rick@aramburulaw.com, pbest@wavecable.com
RE: SITE ADDRESS: 308913 US Highway 101, Brinnon, WA 98320
CASE #: SUB2023-00025 (Pleasant Harbor Master Planned Resort)
CORRECTED Response to Comments Dated February 2, 2024
Dear Mr. Aramburu and Mr. Best:
This letter responds to the letter from the Law Offices of J. Richard Aramburu PLLC dated February 2,
2024, regarding the Pleasant Harbor Marina and Golf Resort, LLP (“PHMPR”) preliminary plat application
(file no. SUB2023-00025). The Hood Canal Environmental Council requested that the County take
action pursuant to Mr. Aramburu’s February 2, 2024 letter on February 7, 2024.
INTRODUCTION
The County received this application on November 20, 2023, and determined it incomplete on December
21, 2023.
The PHMPR preliminary plat application includes 216 residential lots for detached and attached single -
family dwellings and 37 tracts for multifamily residential, golf course development, conference center,
private roads, open space, stormwater, park and ride, and sanitary sewer uses. Fifty-two of the
residential lots are shown in Division I and the remaining 164 lots are shown in Division II of the
subdivision. Twenty of the tracts are shown in Division I; fifteen tracts for various purposes are shown in
Division II.
We understand and appreciate The Brinnon Group, the Hood Canal Environmental Council, and others’
interest in this project. Throughout the PHMPR development process, the County has and will continue
to require compliance with the Development Agreement, as amended, other governing documents, and
applicable law.
RESPONSE TO SECTION 2: SUBDIVISION DISCUSSION
The February 2, 2024, letter describes many concerns in Section 2, Subdivision Discussion and
Application for the Property:
Subdivision Plan is Inconsistent with Exhibit 4 of the Amended Development Agreement.
Your February 2, 2024, letter states that the preliminary subdivision plans are “inconsistent with Exhibit 4
to the [Amended Development Agreement], which shows a maximum of 90 single family lots, with at least
25 to await construction until Phase 3 of the development.”
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Response to Comments Dated February 2, 2024
April 16, 2024
Page 2 of 5
RESPONSE: The preliminary subdivision is a land division application that does not authorize
construction. Amendment 2 to Development Agreement By and Between Jefferson County, Washington
and Pleasant Harbor Marina and Golf Resort, LLP Relating to Development Commonly Known as the
Pleasant Harbor Marina and Golf Master Planned Resort (“Development Agreement Amendment 2”) does
not require phasing, nor does it establish limitations on when or how subdivision of the property can
occur. Development Agreement Amendment 2 does, however, establish the maximum number of units
that can be constructed in a phase, if phasing will occur. Phase 1 allows construction of up to 162 Sea
View Villa units and up to 90 Golf Vista units, with the specific number varying across phases (see
Section 10.1.3, Development Agreement Amendment 2).
The application materials provide inconsistent information about how project phasing will occur.
Additional information about phasing, including addressing each of the required elements and features
described in Development Agreement Amendment 2, was requested in our Determination of Incomplete
Application dated December 21, 2023 (see comment no. 1 in that letter, a copy of which is attached).
Subdivision Plan is Inconsistent with Pre-Application Project Narrative.
Your February 2, 2024, letter states that the proposed subdivision “is also inconsistent with the ‘Project
Narrative’ submitted by the applicant for the pre-application conference that shows all single-family and
townhouse construction in ‘Division 2’ of the development, with construction of project amenities in
Division 1.”
RESPONSE: The County provided a response to pre-application materials dated September 29, 2023,
to assist the applicant in preparing its application. The County’s September 29, 2023 response is
attached. The pre-application project narrative was replaced by the formal preliminary plat application
materials, including a revised project narrative and an application cover letter, submitted on November
20, 2023.
Subdivision Plan Does Not Include Required Elements and Features of the Master Planned Resort.
Your February 2, 2024, letter states that “the long-subdivision proposal does not include any plans, of any
type, regarding the other required elements and features of the MPR included in the [Amended
Development Agreement] and Judge Olsen’s decision.”
RESPONSE: The project plans indicate that Division I includes 52 residential lots as well as tracts and
land areas for elements identified in Phases 1a, 1b, and 2 described in Section 10.1 of Amendment 2 to
Development Agreement By and Between Jefferson County, Washington and Pleasant Harbor Marina
and Golf Resort, LLP Relating to Development Commonly Known as the Pleasant Harbor Marina and
Golf Master Planned Resort (“Development Agreement Amendment 2”). Tracts for preliminary facilities
and public amenities and access required in Sections 10.2 and 10.3 of Development Agreement
Amendment 2 are also shown in the area identified as Division I. Division II includes the remaining 164
residential lots for the construction of Golf Terrace, Sea View Villa, and Golf Vista units and two open
space tracts.
The proposed subdivision tracts for the required preliminary facilities and amenities required in Sections
10.2 and 10.3 of Development Agreement Amendment 2 include the following 37 tracts:
• Tracts X-1, X-2, X-3, and X-4, reserved for golf course development.
• Tracts X-5, X-6, X-7, X-9, and X-10, reserved for multifamily development and staff housing.
• Tract X-8, reserved for the Conference Center.
• Tracts PR-1, PR-2, and PR-3, reserved for private roads to be owned and maintained by the
Owner’s Association.
• Tracts A, B, C, D3, G, I, J, K, L, N, O, P, Q, R, S, T, U, V, and W, reserved for open space and
community areas to be owned and maintained by the Owner’s Association.
• Tract D1, reserved for storm drainage to be owned and maintained by the Owner’s Association.
• Tract E, reserved for the park and ride facility.
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Response to Comments Dated February 2, 2024
April 16, 2024
Page 3 of 5
• Tracts F, D2, and M, reserved for the community sanitary sewer system and lift station to be
owned and maintained by the Hamlet of Pleasant Harbor Utility District.
These tracts are described in the Plat Notes section shown on Sheet 10 of the Preliminary Plat plan set.
Planned building footprints for the multifamily buildings, conference center with attached hotel/recreation
center, staff housing, and agra-center/maintenance building are shown on the proposed preliminary
subdivision plans (Sheets 11-26 of the Preliminary Plat plan set).
The preliminary subdivision is a land division application that does not authorize construction. Building
permits for each structure must be submitted for review and approval prior to beginning construction.
Renderings, conceptual plans, and construction drawings are not required elements of a preliminary
subdivision pursuant to Article IV, Chapter 18.35 JCC. These will be provided with each building permit
for review and confirmation of compliance with the Development Agreement and Development
Agreement Amendment 2. The project phasing plan must be consistent with the Development
Agreement and Development Agreement Amendment 2.
Your February 2, 2024, letter further describes that the amenities within the recreation/community center
are not shown, that no plans have been submitted for the required sanitary sewer facilities, and that no
plans have been submitted for the staff housing building.
RESPONSE: Construction plans for each of these structures must be submitted with a building permit
application for review prior to beginning construction. Construction plans for these project elements are
not required materials for a preliminary subdivision application pursuant to Article IV, Chapter 18.35 JCC.
Review and verification of compliance with the Development Agreement and Development Agreement
Amendment 2 will occur with the building permit for each structure, including ensuring the required
amenities are present in the recreation/community center.
Construction of Transportation Improvements has not been Provided.
Your February 2, 2024, letter states that “Phase 1 of the development must also include construction of
transportation improvements, including the requirement to ‘Complete Highway 101 and Black Point
intersection improvements,’ but neither the plans nor other pre-application materials show such work. No
traffic impact studies or transportation reports are provided, nor are there any plans that show the nature
of improvements to be constructed at this intersection. No communications with or application to the
Washington State Department of Transportation (WSDOT) seem to have been submitted.”
RESPONSE: The preliminary subdivision is a land division application that does not authorize
construction. Construction plans for public and private roadways are not required pursuant to Article IV,
Chapter 18.35 JCC. Further, significant analysis of transportation impacts was performed in the 2007
Environmental Impact Statement (EIS) and 2015 Supplemental EIS (SEIS) processes; this information
must be validated and updated where necessary prior to approval of construction permits, but it is
adequate to accept the proposed preliminary subdivision application for review. The Applicant will be
required to address the Highway 101/Black Point Road intersection improvements in its explanation of
project phasing, and information about WSDOT permit approval for work in the WSDOT right -of-way will
be required prior to issuing any construction permits for the related work on Black Point Road.
RESPONSE TO SECTION 3: HISTORY OF UNFULFILLED PROMISES BY STATESMAN FOR THIS
AND OTHER PROJECTS
Your February 2, 2024, letter includes a lengthy discussion with five sub-parts explaining your client’s
concerns about the project owner’s history of project promises.
RESPONSE: This is not a criterion the County can consider in making its decision on any development
applications. Jefferson County is obligated to review project-related proposals and permits for
consistency with the Development Agreement and its amendments, exhibits, and appendices, the 2007
FEIS, the 2015 FSEIS, the Future Staffing and Consultant Agreement, Title 17 JCC, Division II, and other
relevant portions of the Jefferson County Code. None of these governing documents or regulations
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Response to Comments Dated February 2, 2024
April 16, 2024
Page 4 of 5
address claimed unfulfilled promises for unrelated projects and they cannot be considered in the review
or decision-making process.
RESPONSE TO SECTION 4: LEGALITY OF PRE-SALE OFFERS AND TRANSFERS AND SECTION
5: IMPACT ON JEFFERSON COUNTY
Your February 2, 2024, letter requests that Jefferson County initiate legal action to prevent the
advertisement for sales of properties within the Pleasant Harbor Master Planned Resort.
RESPONSE: We have been authorized to say that the Prosecuting Attorney’s Office respectfully
declines your request for the reasons discussed in this response. We agree that t he Statesman group is
advertising the Pleasant Harbor Master Planned Resort project. But lots, tracts, or parcels are not
identified in the advertisements and Jefferson County is not aware of the advertisement for or pre -sale of
any specific lots, tracts, or parcels in the Pleasant Harbor Master Planned Resort project. Advertising a
potential development project is not within the scope of RCW 58.17.200, which applies to sale or
advertising lots, tracts, or parcels without having a final plat of such subdivision filed for record.
RESPONSE TO SECTION 6: SUMMARY
Your February 2, 2024, letter closes with a request that Jefferson County take four actions:
1. Decline to review the current subdivision proposal submitted by Statesman for Pleasant
Harbor development. The plan for 216 single-family residential lots, without the required
MPR project features, is inconsistent with the 2019 Development Agreement amendments
because it approves residential development without any permits, plans, or showing of
financial ability to fund or deliver the fanciful amenities, such as a “tea house in the trees”
and a full size NHL hockey rink.
RESPONSE: Jefferson County is obligated to accept applications for review consistent with the
Development Agreement and its amendments, exhibits, and appendices, applicable sections of
the Jefferson County Code, the Future Staffing and Consultant Agreement, and other governing
documents.
Applications for preliminary subdivision are not development applications pursuant to JCC
18.10.040, as they do not authorize any development to occur on the site. Approval of a
preliminary subdivision does not authorize or approve any residential develop ment; construction
permits for each structure in the project must be submitted, reviewed, approved, and issued prior
to construction activity beginning for that structure.
The preliminary subdivision application will be reviewed following applicable procedures in Article
IV, Chapter 18.35 JCC and Chapter 18.40 JCC pursuant to the Development Agreement and
Appendix D thereto.
2. Return any proposed subdivision plans, including the proposal discussed herein, to the
applicant and decline further review until the submittal of plans is consistent with the
Amended Development Agreement and Jefferson County Codes.
RESPONSE: The applicable review process in Chapter 18.40 JCC does not include a provision
for returning application materials and declining project review. Missing application materials are
identified and must be submitted as part of the completeness review process per JCC 18.40.110.
Technical comments and corrections must be addressed during consistency review per JCC
18.40.120, JCC 18.40.130, and JCC 18.40.140. Project approval will not be granted until the
project has demonstrated that it is consistent with the Development Agreement and its
amendments, exhibits, and appendices, applicable sections of the Jefferson County Code, the
2007 FEIS and 2015 FSEIS, the Future Staffing and Consultant Agreement, and any other
applicable governing documents.
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Response to Comments Dated February 2, 2024
April 16, 2024
Page 5 of 5
3. Determine the subdivision application is not complete as it does not contain all required
features and documentation.
RESPONSE: The application was determined incomplete on December 21, 2023, pursuant to
JCC 18.40.110.
4. Immediately take the necessary steps to prevent sales or advertisement for sales of
properties within the Pleasant Harbor MPR until all terms of the Development Agreement
and Jefferson County platting ordinances are met.
RESPONSE: As discussed above, advertising a development project is not prohibited under
RCW 58.17.200. Jefferson County is not aware of any specific lots that have been advertised for
sale. The Jefferson County Prosecuting Attorney’s Office has authorized us to say it respectfully
declines your request.
If you have any questions, please contact me at 360.352.1465 or cristina.haworth@scjalliance.com.
Sincerely,
Cristina Haworth, AICP
Planning Consultant
cc: Josh Peters, AICP, Jefferson County, Community Development Director
George Terry, Assistant Planner
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Garth Mann, Statesman Group of Companies Ltd., Owner
John T. Cooke, Houlihan Law, Applicant Representative
Jeff Pantier, Hatton Godat Pantier, Applicant Representative
Attachments:
1. Determination of Incomplete Application, dated December 21, 2023
2. Pre-Application Comments, dated September 29, 2023
Exhibit 68
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY
DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment
Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us
_________________________________________________________________________________
SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning
Page 1 of 4
December 21, 2023
Pleasant Harbor Marina and Golf Resort, LLP
c/o John Holbert, PE
235 Salmon Street
Brinnon, WA 98320
via email: johnholbert@startmail.com
RE: SITE ADDRESS: 308913 US Highway 101, Brinnon, WA 98320
CASE #: SUB2023-00025 (Pleasant Harbor Master Planned Resort)
Determination of Incomplete Application
Dear Mr. Holbert:
Jefferson County received the Pleasant Harbor Marina and Golf Resort, LLP (“PHMPR”) preliminary plat
application on November 20, 2023, and received additional information on November 22, 2023. After
reviewing the application materials, Jefferson County determined that PHMPR’s application is not
complete. This letter includes a list of materials necessary to make PHMPR’s application complete, and
a response to this list is due by March 20, 2024, to continue processing the application.
Background Information
The preliminary plat application is the first application received by Jefferson County to implement the
PHMPR project initially approved by the Jefferson County Board of County Commissioners on January
28, 2008. The underlying approval, subsequent Development Agreement by and between Jefferson
County, Washington and Pleasant Harbor Marina and Golf Resort, LLP Relating to the Development
Commonly Known as the Pleasant Harbor Marina and Golf Master Planned Resort (with appendices,
exhibits, and amendments thereto; “Development Agreement”), and development code (Division II of Title
17, and others) set forth conditions of approval and procedural requirements that must be satisfied before
and during project implementation. Some of the comments and requests for information below are
necessary to demonstrate that the conditions of overall project approval have been met , even if they are
not specifically related to the preliminary plat application. Jefferson County must document consistency
and compliance with various conditions of approval to authorize development and related applications.
Missing Application Materials
Please address the following comments:
1. Phasing. The Project Narrative states, “The project is proposed to include two divisions
(phases).” The cover letter included with the preliminary plat application, however, indicates the
PHMPR project will not be phased. A phasing plan was agreed upon by PHMPR and approved
by the County as an amendment to the Development Agreement on July 22, 2019, following
Kitsap County Superior Court’s disapproval of the initial phasing plan in its March 28, 2019,
decision in The Brinnon Group v. Jefferson County, et al., No. 18-2-01758-18 (“the Court Order”).
The Development Agreement (as amended on July 22, 2019) contemplates but does not
necessarily require phasing, stating in Section 10.1 “Future development of the Pleasant Harbor
MPR and all associated infrastructure, including roads and utilities, may be reviewed, permitted
and constructed and/or bonded in phases or sub-phases.”
Please clarify the proposed approach to phasing, including revising the applicable application
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Determination of Incomplete Application
December 21, 2023
Page 2 of 4
materials. This clarification should address, in particular, how PHMPR plans to sequence all
preliminary facilities, public amenities, and access listed in Sections 10.1, 10.2, and 10.3 of the
Development Agreement to achieve compliance with the Development Agreement (as amended
on July 20, 2019) and the Court Order. This clarification should also identify deviations from the
requirements in Sections 10.1, 10.2, and 10.3, such as the elimination of the LOSS system.
2. Other Permits Required. Please provide the list of other local, state, and federal permits
required for the proposal required pursuant to JCC 18.40.100(1)(i). While this list may contain
the information included in the SFEIS, it should be updated to reflect recent project changes such
as the use of Kettle C instead of Kettle B for stormwater storage, construction of the parkade,
installation and use of the modular construction facility, and any other changes since the FSEIS
was published.
3. Conservation Easement. Section 8.8.7 of the Development Agreement requires the
conservation easement included in Appendix M to be recorded within 15 days of execution of the
Development Agreement (i.e., by June 19, 2018). The easement is not referenced on the survey
included with the preliminary plat drawings and does not appear in Jefferson County’s records
database for any of the properties referenced on the easement in Appendix M. Please provide
evidence of recording.
4. Fire Flow. Pursuant to JCC 18.35.280(8) and JCC 18.30.030(5), adequate water sources and
facilities for fire protection are required. Jefferson County has adopted the International Fire
Code (IFC) in Title 15 and fire flow is determined per these requirements. Please provide
information about the anticipated fire flow (in gallons per minute) for the project and information
about preliminary facilities for fire protection. Please note that fire flow testing will be required
before approving development permits for buildings.
5. Development Agreement Compliance Narratives. The Development Agreement incorporates
several management plans, monitoring plans, and other policy documents in its appendices.
Verification of compliance with these appendices is necessary to proceed with the preliminary plat
review, to ensure the PHMPR is consistent with requirements related to site planning and design.
Please provide the following information:
a. Cultural Resources Management Plan. Section 8.8.3 of the Development Agreement
requires a cultural resources management plan that supports tribal access and
community education opportunities. Please provide a narrative or similar information
explaining how the project is consistent with these requirements. PHMPR may choose
to highlight features of site design and layout, plans to install educational signage,
agreements with affected tribes, or similar information that may exist. Please note that
Appendix Q to the Development Agreement is an archaeological monitoring plan with
inadvertent discovery protocol and does not explain how the project achieves the
requirements outlined in the Development Agreement.
b. Wildlife Management Plan. Section 8.8.4 of the Development Agreement requires
compliance with the wildlife management plan adopted as Appendix P. The project
design has changed since Appendix P was developed. Please provide a revised wildlife
corridor plan demonstrating compliance with the wildlife management plan and provide a
narrative explaining how the project design will reduce potential conflicts between
humans and wildlife.
c. Recharge Wells. Section 8.8.5 of the Development Agreement requires reserve areas
for additional recharge wells to be established. Please identify the reserve areas for
potential future recharge wells on the plans.
d. Compliance with Vegetation Management Plan. Section 8.8.7 of the Development
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Determination of Incomplete Application
December 21, 2023
Page 3 of 4
Agreement requires implementation of the Vegetation Management Plan in Appendix L.
Before site development, the Applicant must devise several specific operational
prescriptions to achieve “the ultimate vegetation goals and objectives established
following the guidelines presented by the BoCC in Ordinance No. 01 -0128-08.” Please
provide a narrative explaining how the project design will implement the Vegetation
Management Plan, incorporating specific operational prescriptions and conditions
developed through an overlay of the current condition maps (Appendix M “Forest
Report”) with the footprint of the PHMPR development.
e. Invasive Tunicate Monitoring. Section 8.8.8 of the Development Agreement requires
adherence to the invasive tunicate monitoring plan adopted in Appendix R. Please
provide a record of annual dive investigations and/or monitoring activities. Note that the
monitoring plan is specific to Pleasant Harbor Marina, but compliance wit h this provision
is required under the Development Agreement to proceed with the PHMPR development.
6. Certificate of Water Supply Utility Service. The Supplemental Application – Certificate of Water
Supply Utility Service for Jefferson County is incomplete. Please submit a revised application
addressing the following comments:
a. Site Address. Provide an accurate project location. At a minimum, the site address
should be listed.
b. Unit Information. Identify the number of units (unit counts for residential uses, square
footage for all other uses) in the Project Preliminary Plan section.
7. Additional Plans and Documents. The Preliminary Plat of the Hamlet of Pleasant Harbor cover
sheet references preliminary landscape plans (including road lighting, proposed landscaping, and
transit stops) and a draft declaration of covenants, conditions, and restrictions (CCRs). Please
provide the referenced plans and CC&Rs. These items are required for preliminary plats
pursuant to JCC 18.35.300(4)(m) through (p).
8. SEPA Checklist. Pursuant to Section 9.2.4 of the Development Agreement, no further EISs or
substantive SEPA mitigation measures are required when the proposed scope of work is
consistent with the level and range of development analyzed in the previously completed EIS and
Supplemental EIS documents (the “Prior EISs”). PHMPR’s narrative describes two changes to
the overall project design, specifically the preservation of Kettle B and the use of Kettle C for
stormwater storage and the elimination of the large on-site septic system (LOSS). Further,
PHMPR’s proposed method of construction is a departure from conventional construction
measures considered during the preparation of the Prior EISs. Please revise the SEPA
Checklist to analyze these and any other proposed project changes.
PHMPR’s application is placed on hold pending the submittal of the requested information. As much as
possible, please provide a single consolidated response. Responsive materials must be submitted by
March 20, 2024. Per JCC18.40.110(3)(b), if an applicant does not submit additional information, does
not request additional time to submit the required information within the ninety (90) calendar day period,
or does not appeal the determination of incompleteness, the application will be considered abandoned
and therefore withdrawn, and the applicant shall forfeit the application fee. The Department of Community
Development shall not be responsible for notifying the applicant of an impending expiration.
Exhibit 68
Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025)
Determination of Incomplete Application
December 21, 2023
Page 4 of 4
If you have any questions, please contact me at 360.352.1465 or cristina.haworth@scjalliance.com.
Sincerely,
Cristina Haworth, AICP
Planning Consultant
cc: Josh Peters, AICP, Jefferson County, Community Development Director
George Terry, Assistant Planner
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
Barbara Ehrlichman, Civil Deputy Prosecuting Attorney
Pinky Feria Mingo, EPH Director
Emma Erickson, Environmental Health Specialist
Michael Dawson, Water Quality Manager
Phil Cecere, Building Official/Fire Marshal
John Fleming, Development Review Engineer
Garth Mann, Statesman Group of Companies Ltd., Owner
John T. Cooke, Houlihan Law, Applicant Representative
Jeff Pantier, Hatton Godat Pantier, Applicant Representative
Exhibit 68
8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 Office 360.352.1465 Fax 360.352.1509 scjalliance.com
Technical Memo
To Pleasant Harbor Marina & Golf Course
From: Cristina Haworth, AICP
Date: September 29, 2023
Project: Pleasant Harbor Master Planned Resort (PHMPR)
Subject PHMPR Phase 1 Pre-Submittal Comments
Introduction:
Pre-application materials for the Pleasant Harbor Master Planned Resort (PHMRP) implementation Phase 1 were
submitted by The Statesman Group on July 24, 2023. SCJ Alliance, on behalf of Jefferson County as authorized
through the Future Staffing and Consultant Agreement for the Pleasant Harbor Master Planned Resort, reviewed
the materials to identify high-level concerns for discussion at the pre-application conference. Detailed technical
review has not been completed. Nothing in this memorandum prohibits Jefferson County from requesting
correction, clarification, revision, or additional information related to the application.
1 Information Reviewed
Underlying Approval Documents
♦ Pleasant Harbor Development
Agreement, dated June 4, 2018
♦ Amendment to Development Agreement
(Phasing Plan), dated July 22, 2019
♦ PHMPR Development Agreement
Appendices A through T
♦ PHMPR FEIS
♦ PHMPR FEIS Appendices 1 through 11
Pre-Application Submittal Documents
♦ Pre-Application Cover Memo prepared by Houlihan Law,
dated July 17, 2023
♦ Pre-Application Conference Request, dated June 19, 2023
♦ The Hamlet of Pleasant Harbor Preliminary Plat prepared by
Hatton Godat Pantier, dated June 12, 2023
♦ Preliminary Civil Plans prepared by Hatton Godat Pantier,
dated November 2022
♦ Drainage Report, prepared by Hatton Godat Pantier, dated
June 20, 2023
♦ Stormwater Calculation Worksheet, undated
♦ Project Narrative, undated
2 Review Comments
1. Conditions of Approval. The conditions of approval matrix provided with the cover letter should
address, explicitly and completely, all applicable conditions of approval in all approval documents. A
Exhibit 68
Pleasant Harbor Master Planned Resort2023-0920 | 2 of 6
clear summary of compliance for each applicable condition of approval will expedite the review process
for the preliminary plat. Modifications to or deviations from any conditions should be clearly identified.
2. Phasing Plan Compliance. The project must follow the phasing plan approved in the 2019 Amendment
to the Development Agreement. This Amendment establishes the following phase requirements:
♦ Phase 1A: site clearing; grading; construction of the golf course; road network; building footprints;
stormwater storage; Highway 101 and Black Point intersection improvements; wastewater
treatment plant; road construction with services (as necessary to support Phase 1); vegetation
management plan; materials processing location.
♦ Phase 1B: LOSS drainfield; water storage tank with distribution piping at Tee 5; transit stop; sanitary
sewer pump stations; Sea View Villas (up to 162 units); Golf Vistas (up to 90 units);
community/recreation center, conference center, and spa; maintenance building; staff housing;
formation of water and sewer district.
♦ Phase 2: Maritime Village building; Golf Terrace halfway house (up to 172 units); new well; Golf
Vistas and Sea View Villas; reconstruction of Black Point Road; WDFW boat launch road.
♦ Phase 3: remaining Golf Terrace (140 units); remaining Sea View Villas; remaining Golf Vistas.
The phasing plan proposed in the submitted project narrative does not appear to conform with the 2019
Amendment to the Development Agreement.
a. The project narrative describes development occurring in two phases instead of three phases and
the residential units in each phase do not appear to match the phase breakdown required by the
2019 Amendment to the Development Agreement. Some requirements in the 2019 Amendment to
the Development Agreement do not appear in the narrative’s phasing list. Please provide more
detailed information about phasing and order of construction, indicating where departures from the
2019 Amendment to the Development Agreement are requested.
b. Preliminary facilities, as described in the 2019 Amendment to the Development Agreement, are
required with each phase. Please provide detailed information about the provision of preliminary
facilities such that the development phases will be stand-alone/severable. This includes the water
system and mains/service lines, the wastewater system and mains/service lines, the roads and any
nonmotorized circulation facilities, landscaping, and parking.
c. The proposed parkade should be addressed in the project narrative.
d. Temporary construction worker housing (the 60-unit RV facility) should be addressed in the project
narrative. Transition from the temporary construction worker housing to the affordable staff
housing should be described.
Where more detailed information is requested, level of detail should be adequate to determine
conformance to the 2019 Amendment to the Development Agreement; minute detail or specificity is
not needed for this stage of review.
Exhibit 68
Pleasant Harbor Master Planned Resort2023-0920 | 3 of 6
3. Interim Facilities. The project proposes interim facilities, including a modular panel manufacturing
facility to be located in the golf course storage and maintenance building, a mobile aggregate crushing
trailer, an aggregate wash pond, and a concrete batch plant. These facilities will be used during
construction to reduce truck traffic and increase efficiency for project build-out. Please address the
following comments:
a. Phasing. The interim facilities are missing from the phasing plan in the project narrative. Please
provide information on when the interim facilities will be installed, when they will be in
operation with respect to occupancy and active operation of the site, and when they will be
removed from the site. The modular panel manufacturing facility will be located in the golf
course maintenance building; provide information on whether the manufacturing facility will
displace, for any amount of time, necessary storage capacity for golf course maintenance
equipment and supplies and/or how the manufacturing facility and storage functions can be
collocated within the building footprint.
b. SEPA Review. The interim facilities do not appear to have been addressed in the SEPA review
process. In Section 9.2.4 of the Development Agreement, the County is authorized to require
additional environmental analysis for a new or modified proposal that materially exceeds the
level and range of development reviewed in the EISs. Please provide more information about
the extent and potential impacts from the interim facilities to determine if they will materially
exceed the previously reviewed level and range of development. Potential impacts may include,
but are not limited to, noise, dust, water quality impacts, air emissions, and similar.
c. Revision to Master Plan. JCC 17.80.040(2) allows Jefferson County to accept building permits
only for projects included in and consistent with the master plan. A minor master plan revision
may be required to allow the interim facilities as “the addition of uses that do not modify the
recreational nature and intent of the resort.”
4. Parkade. The parkade is described as a five to six story parking structure. Pursuant to JCC 17.65.030,
buildings are limited to 35 feet in height as measured by IBC standards, unless approved by the
Community Development Director and the local fire district.
5. Water Quality Monitoring. The quarterly water quality monitoring plan described in Appendix N is
required prior to “any site-specific action.” The quarterly water quality monitoring plan must be
submitted for review with the preliminary plat application, approval of which constitutes an action by
Jefferson County.
6. Kettle B Management Plan. A draft management plan for Kettle B will be required as a condition of
preliminary plat approval.
7. Permits. PHMPR has expressed a desire to obtain permits for certain construction activities while the
preliminary plat is under review. Please provide additional information about PHMPR’s proposed early
Exhibit 68
Pleasant Harbor Master Planned Resort2023-0920 | 4 of 6
construction permits for consideration.
3 Permit Process/Next Steps
The preliminary plat must conform to the Development Agreement, Amendments, and mitigation measures in
the FEIS and SFEIS. Upon approval of the preliminary plat, construction permits for clearing, grading,
infrastructure improvements, and other Phase 1 preliminary facilities (as defined in the 2019 Amendment to the
Development Agreement) must be obtained to initiate the Phase 1 work. Following completion of the
preliminary facilities, a final plat(s) can be recorded and construction permits for buildings can be obtained.
Applicable Code and Review Requirements
The Pleasant Harbor Master Planned Resort is subject to the following regulations and agreements:
1. The Comprehensive Plan effective on the date the Development Agreement was recorded.
2. Development Agreement and Addenda, including Exhibits 1 through 4 and Appendices A through T as
incorporated by reference.
3. Chapter 17.60 of the Jefferson County Code (JCC) (Appendix A of the Development Agreement).
4. Jefferson County’s Stormwater Management Regulations (Appendix B of the Development Agreement).
5. Chapter 18.22 JCC (Critical Areas Requirements ; Appendix C of the Development Agreement).
6. Chapters 18.35 and 18.40 JCC (Land Division Standards; Appendices D and E of the Development
Agreement).
7. Chapter 18.25 JCC (Shoreline Master Program, applicable within 200 feet of the ordinary high water
mark; Appendix E of the Development Agreement).
8. Chapters 12.05, 12.10, and 18.30 JCC, where not in conflict with the preceding standards (Appendix G of
the Development Agreement).
9. Ordinance No. 01-0128-08 Conditions of Approval (Finding 63 and sub-parts; Appendix K of the
Development Agreement).
10. Various plans, memoranda of understanding, and related materials in referenced Exhibits and
Appendices.
The original Environmental Impact Statement (Draft dated September 5, 2007, Final dated November 27, 2007)
and Supplemental Environmental Impact Statement (Draft dated November 18, 2014, Final dated December 8,
2015) reviewed the PHMPR project as memorialized in the Development Agreement, Addenda, Exhibits, and
Appendices. Further environmental review may be required for a new or modified proposal that materially
exceeds the level and range of development reviewed in the prior EISs.
Complete Application Requirements
Application requirements are set forth in JCC 18.40.100 (Type III permit requirements) and 18.35.280 (long
subdivision submittal requirements). Additional materials are required to determine compliance with the
applicable code and review requirements described in the preceding section. Items referenced in the various
Conditions of Approval, Agreements, Memoranda of Understanding, and other documents and codes applicable
to this project must be submitted where they inform decisions related to land use, clearing and grading,
construction of preliminary facilities, and construction of Phase 1 improvements.
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Pleasant Harbor Master Planned Resort2023-0920 | 5 of 6
The initial submittal package should include the following items:
♦ A completed permit application forms:
♦ Land Use Permit Application Form
♦ Land Division Supplemental Application Form
♦ Stormwater Management Permit Application and Calculation Worksheet
♦ A SEPA checklist or memo documenting that the project is consistent with the FIES and SFEIS.
♦ A verified statement by the applicant that the property affected by the application is in the exclusive
ownership of the applicant, or that the applicant has submitted the application with the written consent of
all owners of the affected property, and proof of ownership of the property.
♦ Identification of a single contact person or entity to receive determinations and notices required by the
Jefferson County Code.
♦ A legal description of the site, including the Jefferson County assessor’s parcel number.
♦ Payment of the applicable fee as set forth in the Jefferson County fee ordinance.
♦ Evidence of available and adequate water supply.
♦ Evidence of adequate sewer availability.
♦ A site plan, showing the location of all proposed lots and points of access and identifying all easements,
deeds, restrictions or other encumbrances restricting the use of the property. All information should be
accurate, legible and generally should be drawn to a scale no smaller than one inch equals 50 feet.
♦ Identification of other local, state and federal permits required for the proposal, to the extent known by the
applicant.
♦ The area and dimensions of each proposed lot, tract or parcel to accurately show that each lot, tract or
parcel will comply with the Development Agreement and JCC Title 17, Division II. The area of land contained
in access easements, access panhandles or pipestem configurations shall not be included in the area
computations.
♦ Five paper copies of a preliminary plat meeting the standards and requirements of JCC 18.35.290 and
18.35.300.
♦ Where applicable, any special reports or studies required under Chapter 18.15 JCC, prepared in accordance
with the requirements of Article VI-K of Chapter 18.15 JCC.
♦ A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter 18.30 JCC,
including any soil test information as may be deemed necessary by the director of the department of public
works.
♦ The estimated quantities of any fill to be exported from the site and imported to the site.
♦ A Phasing Plan Narrative describing how the proposal will comply with the 2019 Addendum to the
Development Agreement.
♦ A list of requested variances, deviations, and/or departures from applicable requirements and regulations.
♦ Narratives, plans, diagrams, exhibits, and/or similar information necessary to understand compliance with
the Development Agreement Appendices. Provide the following:
♦ Appendix H (Coordinated Water System Plan): provide compliance narrative.
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Pleasant Harbor Master Planned Resort2023-0920 | 6 of 6
♦ Appendix J: Provide evidence of executed MOUs, as these are a condition of approval necessary to
implement the Master Planned Resort. The fully executed Jefferson Healthcare MOU has been
provided.
♦ Appendix L (Vegetation Management Plan): provide compliance narrative for Phase 1 construction
activities.
♦ Appendix N (Water Quality Monitoring Plan): provide preliminary groundwater monitoring report to
document baseline conditions.
♦ Appendix O (Neighborhood Water Supply Plan): provide compliance narrative.
♦ Appendix P (Wildlife Management Plan): provide compliance narrative for Phase 1 construction
activities.
♦ Appendix Q (Cultural Resources Plan and Inadvertent Discovery Protocol): provide compliance
narrative for Phase 1 construction activities.
Compliance information should be provided at a level of detail appropriate to a preliminary plat
application. Detailed construction information is not necessary.
Preliminary Plat Process
Preliminary plats are processed pursuant to Articles II and IV of Chapter 18.35 of the Jefferson County Code.
Applications follow Type III procedures as enumerated in Chapter 18.40 JCC:
1. Pre-Application Conference. A pre-application conference is required. The project exceeds applicable
exemption thresholds in JCC 18.40.090(2).
2. Determination of Complete Application. Within 28 calendar days of submittal, Jefferson County will
issue a determination of completeness or incompleteness.
3. Notice of Application. Within 14 days of issuing a determination of completeness, Jefferson County will
issue a public notice of application following procedures in Chapter 18.40 JCC, Article III.
4. Beginning upon issuing a determination of completeness, Jefferson County will review the project for
technical correctness and consistency with applicable rules, regulations, policies, Agreements,
memoranda of understanding, and related requirements.
5. Upon resolution of any inconsistencies or corrections, the Jefferson County Hearing Examiner will hear
the project and issue a final decision on the application. Per JCC 18.35.330, preliminary plat approval
must be granted for the entire subdivision with clear delineations to separate divisions or phases to be
developed in increments. Preliminary approval is conditional upon completion of the proposed phases
in the sequence and may specify a completion date for each phase. Final plat approval is granted for
each phase of the approved preliminary plat.
6. Decisions are appealable by parties of record following procedures in Chapter 18.35 JCC, Article V.
Exhibit 68