HomeMy WebLinkAbout49_2023-1211_PHMPR Notice of Incomplete ApplicationJEFFERSON 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
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SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning
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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 49
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 49
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 49
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 49