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HomeMy WebLinkAbout57_2024-0703_Technical Review 1JEFFERSON 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 8 July 3, 2024 Pleasant Harbor Marina and Golf Resort, LLP c/o John Holbert, PE 235 Salmon Street Brinnon, WA 98320 via email: johnh@statesmangroup.com RE: SITE ADDRESS: 308913 US Highway 101, Brinnon, WA 98320 CASE #: SUB2023-00025 (Pleasant Harbor Master Planned Resort) Technical Review Comments 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. The application was determined complete on April 16, 2024, pursuant to JCC 18.40.110. Following review of the complete application, the County has identified items requiring correction, clarification, or additional information. Note that some of these comments are directly related to the preliminary plat and some are comments related to compliance with various requirements that need to be addressed prior to any project approvals. Please address the following comments: General Comments 1. Plan Corrections. See attached plan sheet markups and notes. In particular, please remove references to “phasing” as phasing is no longer proposed. Please also add proposed nonresidential square footage information to the Site Data section of the cover sheet. 2. Plan Sets Inconsistent. The Preliminary Plat drawings and the preliminary civil plans do not match. For example, Tract X-9 is a different shape in each plan set, and in the preliminary civil set Tract X-9 is abutted by Tract L to the west, which is different than the Tract L shown in the Preliminary Plat set. Please review the project application documents carefully, conform them, and provide updated drawing set(s) as necessary. 3. Conservation Easement. Show the conservation easement recorded on February 29, 2024, on the plans, including relevant detail sheets. Project elements should be carefully evaluated to determine if they encroach into the easement area; revise if needed. 4. Plan Sheet Request. Please provide a large (24x36, 30x42, or 36x48 inch) site plan to support a more efficient review process. The site plan should show the entire extent of the property (like the extent on the Preliminary Plat drawings, Sheet 10) with the level of detail in the subdivision plan sheets (Preliminary Plat drawings, sheets 11-26). The plan should be to a measurable engineering scale but the scale can differ from the submittal requirements for plat drawings in JCC 18.35.290 to be able to fit on a single sheet. Title 17, Division II – Jefferson County Code 5. Residential Use Restrictions. JCC 17.60.070 requires a minimum of 65 percent of the total units to constitute short-term visitor accommodation and short-term rental units. The preliminary plat cover sheet indicates a total of 822 units to be provided, with 472 units noted as “Short Term Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 2 of 8 Stay” (Olympia House condominiums, Cascadia House condominiums, and the Inn by the Sea). The remaining 350 units are noted as “Long Term Stay” (Vista View single family detached units, Seaview Villa townhomes, and Eagles Nest) and “Affordable Housing” (Staff Housing). The allocated number of short-term stay units is only 57 percent of the total number of units proposed (see table below). Please revise the plans to indicate how the project will meet the requirement for short-term units. Unit Type Unit Count Percent Units Short Term Stay 472 57% Long Term Stay/Affordable Housing 350 43% Total 822 100% 6. Permitted Uses. Permitted uses are set forth in JCC 17.65.020. The preliminary plat cover sheet includes a section titled “Project Types & Density” which lists “g) Statesman Panelized Modular Engineered Center.” No further information about this use has been provided, and it is not clear from the name if it is an allowable use set forth in JCC 17.65.020. Please provide additional information about this use, including whether it is permanent and how it is consistent with permitted use regulations for the MPR-GR zone. 7. Setbacks. Pursuant to JCC 17.65.040, all structures1 must be set back at least 20 feet from the master planned resort boundary lines. The proposed Eagle’s Nest building is less than 20 feet from the eastern property line (see Preliminary Plat drawings, Sheet 22). The pedestrian path along the eastern property line near Lots 125 and 126 is also less than 20 feet from the property line. Revise the plans such that these structures comply with setback requirements, and show the setback line around the perimeter of the resort property. Lots 68, 69, 70, and 75 are less than 20 feet from the property boundary. Further, some tracts that will have structures (i.e., sewer lift station in Tract D2, wastewater treatment plant in Tract F) do not show a building footprint. Please either add building footprints/envelopes for these lots and tracts to the plans or provide other information explaining how all structures will be kept at least 20 feet from the property boundary. 8. Vegetation Management. Please address the following: a. Blending of Buildings. Per JCC 17.80.020(6)(a) and Ord. No. 01-0128-02, Conditions 63(u) and 63(v), buildings must be constructed and placed in such a way that they blend into the terrain and landscape with park-like greenbelts between buildings. Not enough information has been provided to determine compliance with this requirement. Please provide an updated rendering or narrative describing how the buildings will blend into the landscape. The site landscape plan notes general descriptions of types of vegetation around the site, but lacks enough information to determine if greenbelts have been provided between buildings. Some areas do not have vegetation descriptors noted on the landscape plan; some areas are identified as xeriscaping, which does not typically serve the same purpose as a greenbelt. Please provide more detailed landscaping plans showing and describing the greenbelts and/or a narrative description explaining compliance with this requirement. b. Tree Preservation. JCC 17.80.020(6)(b), Ord. No. 01-0128-08 Condition 63(w), and the SEIS require PHMPR to preserve trees 10 inches in diameter at breast height (dbh) or greater as much as possible. Please provide a tree retention/removal plan demonstrating 1 Per JCC 18.10.190, “Structure” means a permanent or temporary edifice or building or any piece of work artificially built up or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030). Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 3 of 8 compliance with this requirement. Title 18 – Jefferson County Code Pursuant to JCC 17.60.060, the provisions of JCC Title 18 as currently enacted or hereafter amended or as vested apply to development in the Pleasant Harbor MPR. Pursuant to the Development Agreement, the project is vested to the following standards in effect on the date the Development Agreement was executed: stormwater management standards in JCC 18.30.070 (Appendix B), critical areas standards in JCC 18.22 (Appendix C), land division standards in JCC 18.35 (Appendix D), shoreline master program standards in JCC 18.25 (Appendix F), and development standards in Chapter 18.30 JCC to the extent that they do not conflict with the Development Agreement (Appendix G). All other applicable standards are those in effect as of the date the application was determined complete per JCC 18.40.230(3).2 9. Critical Aquifer Recharge Areas. The site is mapped with critical aquifer recharge areas (CARAs) including susceptible aquifer recharge areas and seawater intrusion protection zones. Please address the following requirements: a. Wells. The water system plan notes that water will be provided from “two, possibly three, groundwater wells including the use of the existing ACG well,” (Pleasant Harbor Water System Plan, pg. 18). Pursuant to JCC 18.22.330(8)(a), any new wells must be sited at least 100 feet from saltwater intrusion areas. The existing ACG well and proposed Well #2 are shown on the civil plan set and far enough away from the saltwater intrusion area. If a third well is necessary, it will need to be shown on the plans and demonstrated to comply with applicable CARA requirements. 10. Geologically Hazardous Areas. Geologically hazardous areas are present on the project site, including erosion hazard areas, landslide hazard areas (including shoreline slope stability hazards), and seismic hazard areas. Please address the following: a. Geotechnical Study. The 2008 geotechnical report prepared for the EIS and SEIS evaluated a significantly different version of the site plan. Please provide an updated geotechnical report that addresses project changes since 2008 pursuant to JCC 18.22.550(2). Refer to geologically hazardous area report requirements in JCC 18.22.945.The report should include or be accompanied by a site plan that identifies geologically hazardous areas. b. Recommendations. Some recommendations in the geotechnical report apply to project design, such as maintaining a 100-foot buffer from the top of shoreline slopes to all buildings, roadways, and infrastructure. Further review for specific project recommendations will be completed when the geotechnical report is updated. c. Phasing. The 2008 geotechnical report indicates that staging construction work in phases over a number of years is a mitigation measure to address risk associated with geologically hazardous areas. The project no longer considers phasing. Please ensure the updated geotechnical report considers the proposed approach to construction and includes recommendations to address geologically hazardous areas in an unphased project. 11. Wetlands. Please address the following: a. Delineation. Wetlands delineations are valid for five years pursuant to the US Army Corps of Engineers’ Wetland Delineation Manual, adopted under JCC 18.22.710 (see Manual pg. 41, Step 5). Please provide an updated delineation; be advised that a new delineation may not be necessary, but it may be necessary to revisit the site to determine if the delineation is still accurate or needs to be redone based on current conditions. Refer to wetlands delineation requirements in JCC 18.22.710(4). Refer to wetland report 2 Title 15 and Chapters 12.05 and 12.10 JCC are referenced but are not relevant for preliminary plat. Title 15 sets forth building code requirements. Chapters 12.05 and 12.10 describe requirements for approaches to county roads and road vacations. Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 4 of 8 requirements in JCC 18.22.960. b. Establishing Buffers. The wetland delineation should include the applicable buffer. This buffer should be shown on the plans for each of the three wetlands. c. Buffers in Conservation Easements. Pursuant to JCC 17.65.050 and Ordinance No. 01- 0128-08, Condition 63(s), wetlands and their buffers must be placed in a permanent conservation easement. Please add the proposed easement to the plat drawings and provide a draft of the protective easement language for review. d. Buffer Encroachments. Although the applicable wetland buffers are not shown on the project drawings, it appears that some project elements are likely to encroach into buffer areas around Wetlands C and D. These include residential lots, pedestrian pathways, and golf course uses. Very limited activities and uses are allowed in wetlands buffer areas and are described in JCC 18.22.730 and the SEIS indicates that existing roads will be removed and the areas re-planted with native vegetation. Please revise the plans to remove encroachments from the wetland buffer areas, or provide information demonstrating that encroachments and their related impacts cannot be avoided. If impacts are unavoidable, compensatory mitigation meeting the requirements in JCC 18.22.740 is required. Alternatively, you may consider the buffer reduction allowances in JCC 18.22.730(9) or the buffer averaging allowances in JCC 18.22.730(10). 12. Shoreline Jurisdiction. The Shoreline Master Program applies to all project components within 200 feet of the ordinary high water mark (OHWM).3 a. Pedestrian Pathways. A pedestrian pathway along the top of the shoreline bluff is proposed within the shoreline jurisdiction (see Preliminary Plat drawings, sheets 25-26). The shoreline designation in this area is “Natural,” described in JCC 18.25.210. JCC 18.25.220(1) and JCC 18.25.520(3)(c) prohibit transportation facilities, including pedestrian and bicycle pathways, in the Natural-designated shoreline area except where needed to access approved public recreational development. Development of public recreational facilities along the bluff is prohibited under Ordinance No. 01-0128-08, the Development Agreement, and the conservation easement recorded under 664860. The SEIS also indicates that a 200-foot shoreline buffer will not be disturbed or encroached upon and that disturbed portions of the buffer will be restored. It is unclear from the application materials if the proposed pathways are existing facilities. If they are existing, any work on the pathways is regulated under JCC 18.25.660. It is incumbent upon the property owner to demonstrate the pathways are legally nonconforming per JCC 18.25.660(1) and that the nonconforming rights have not been abandoned. If the pathways are legally nonconforming, normal repair and maintenance may be authorized. Please clarify if the pathways are existing, legally nonconforming structures and if you are requesting normal repair and maintenance. Further information about review and processing requirements will be provided if this is the proposal. If the pathways are not existing, legally nonconforming structures , please revise the plans to remove the pathways from the shoreline jurisdiction. 3 The ordinary high water mark is different from the property line. Per RCW 90.58.030(2)(c), "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 5 of 8 b. Other Project Components. It is unclear from the sheet cuts if any other project components are proposed within the shoreline jurisdiction. Please clarify and/or provide updated Preliminary Plat drawings that include the entire shoreline jurisdiction. 13. Parking. Parking is required consistent with JCC 18.30.100, and a parking layout plan must be provided per JCC 18.30.100(1)(c). Please provide the required parking information, noting approximate parking space numbers by use as listed in Table 6-2 in JCC 18.30.100 and/or a parking study as allowed under JCC 18.30.100(1)(a)(vi). Please be advised that parking lots exceeding five spaces must be landscaped following the standards in JCC 18.30.130(6). 14. Landscaping and Screening. Landscaping and screening is required pursuant to JCC 18.30.130. While a landscaping plan has been provided, it does not include the information required under JCC 18.30.130(7). Please revise the landscaping plan to include total landscape area, landscape materials with plant names and applicable sizes, all existing and proposed structures (to the extent known at this time), including fences and retaining walls, and natural features or vegetation left in their natural state. If landscaping in buffer areas (those in the shoreline conservation easement and along US 101 in particular) must be augmented, infill plants must consist of indigenous trees and shrubs. These should be clearly identified on the landscape plans. Per the Vegetation Management Plan in Appendix L of the Development Agreement, within 30 feet of dwellings, vegetation should consist of native fire-resistant shrubs, grasses, and other plantings. These fire-resistant plants should be clearly identified on the landscape plans. Ordinance No. 01-0128-08 15. Recharge Wells. Recharge wells for saltwater intrusion are shown on the preliminary plat plan set (sheets 11, 15, 18, 20, and 21) as required by Ordinance No. 01-0128-08, Condition 63(p), and Appendix O to the Development Agreement – Water Supply Plan, section 5(c). The recharge wells are shown in the center of a 100-foot reserve area, and in several cases, the reserve area overlaps with residential lots, golf course fairways, and/or other planned improvements. Please clarify whether the recharge area is compatible with the uses that will occur within it, especially considering residential lots and whether impervious improvements would impact the utility of the recharge area. 16. Tunicate Monitoring. The submitted tunicate monitoring schedule appears adequate to meet the monitoring and inventory requirements in Ord. No. 01-0128-08, Condition 63(t) for ongoing monitoring. It is, however, missing some information to fulfill the ongoing coordination and adaptive management program. Further, PHMPR has an agreement with the Washington Department of Fish and Wildlife (WDFW) for ongoing tunicate monitoring. It is my understanding that PHMPR is working with WDFW to modify or end this agreement. Please provide information about the current status of the agreement with WDFW. If the agreement has been terminated, please provide an updated tunicate monitoring schedule that addresses the requirements in Condition 63(t) to participate with the County and state agencies in an adaptive management program to eliminate, minimize, and fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. 17. Electrical Power. Please provide the required verification of Mason County Public Utility District’s ability to provide adequate electrical power per Ord. No. 01-0128-08, Condition 63(bb). Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 6 of 8 FEIS and FSEIS 18. Saltwater Intrusion Report. The FEIS Mitigation Measures (Water Resources, Groundwater Protection and Saltwater Intrusion section; page 5-4) require the preliminary plat to include a hydrogeological report demonstrating that additional water usage will not pose a threat of saltwater intrusion to existing wells or sources of water supply. Submit the required saltwater intrusion report. 19. Susceptibility Ratings. The FEIS Mitigation Measures (Water Resources, Additional Water- Resources-Related Conditions or Considerations section, page 5-4) requires the project to develop susceptibility ratings for the site and develop adaptive management procedures to maintain groundwater quality and quantity. Adaptive management procedures have been satisfied through the First Amendment to the Future Staffing and Consultant Agreement. Please provide information on the susceptibility ratings. 20. Bicycle Traffic Bypass. The FEIS Mitigation Measures (Transportation section, page 5-5) require an internal pathway and circulation system that would allow Highway 101 bicycle traffic to bypass through the resort. It is unclear how this bypass would be accommodated. Please provide additional information describing and/or graphically depicting the bypass. 21. Wetland Mitigation Plan. The FEIS Mitigation Measures (Critical Areas, Additional Wetland Conditions or Considerations section, page 5-9) requires a wetland mitigation plan with the grading plan and in advance of final plat approval. While not specifically required for preliminary plat approval, preparation of the required wetland mitigation plan will allow concurrent review to avoid potential delays to grading permits and approvals. Additional information about the wetland mitigation plan can also be found in the SEIS. 22. Aquifer Recharge Area Report. The FEIS Mitigation Measures (Critical Areas, Additional Aquifer- Related Conditions section, page 5-10) requires an Aquifer Area Recharge Report to be prepared. Provide the required report. Development Agreement 23. Tribal Access and Community Education Opportunities. Section 8.8.3 of the Development Agreement requires consideration of traditional tribal access to cultural properties and activities and provision of community education opportunities. Appendix Q to the Development Agreement is an inadvertent discovery plan for archaeological monitoring during construction and it is silent on tribal access and community education opportunities. Coordination with the tribes is required. You can reach tribal representatives using the following contact information: a. Port Gamble S’Klallam Tribe: Roma Call, Natural Resources Director, romac@pgst.nsn.us Marla Powers, Environmental Planner, mpowers@pgst.nsn.us Misty Ives, Tribal Historic Preservation Officer, mives@pgst.nsn.us Laura Price, Cultural Director, lives@pgst.nsn.us b. Jamestown S’Klallam Tribe: Hansi Hals: Natural Resources Director, hhals@jamestowntribe.org Allie Taylor: Tribal Historic Preservation Officer ataylor@jamestowntribe.org Alex Scagliotti: Environmental Planner, ascagliotti@jamestowntribe.org c. Point No Point Treaty Council: Randy Harder, Director, rharder@pnptc.org Cynthia Rossi, Habitat Program Manager, crossi@pnptc.org Dylan Bergman, Wildlife Program Manager, dbergman@pnptc.org Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 7 of 8 24. Appendix H – Coordinated Water System Plan. The Utility Service Review Procedure set forth in Section 5 of the Coordinated Water System Plan (see page 5-11) requires new water purveyors to submit a service area agreement in addition to preparing an appropriate water system plan and providing evidence of water rights issued by Ecology. Please submit the required service area agreement. 25. Appendix J2 – Brinnon Fire Department MOU. The executed Memorandum of Understanding (MOU) with the Brinnon Fire Department requires PHMPR to be designed to Firewise standards. Please describe how the site design as proposed is consistent with Firewise standards. Where appropriate, information about the use of fire-resistant shrubs, grasses, and other plantings should be added to landscape plans per this Appendix and the Vegetation Management Plan in Appendix L. 26. Appendix J3 – Police Service MOU. The executed MOU with the Jefferson County Sheriff’s Office requires PHMPR to provide a “public service room” at least 500 square feet in size. Please identify where this will be provided. 27. Appendix J5 – Healthcare MOU. The executed MOU with Jefferson HealthCare requires the following: a. Clinic. PHMPR must include clinic space at least 500 square feet in size. Please identify where this will be provided. b. Air-Lift Landing Zone. PHMPR must provide a suitable landing zone to accommodate a helicopter or float plane transport. Please identify where this will be provided. 28. Appendix L – Vegetation Management Plan. The Vegetation Management Plan, Vegetation Management Practice 2, requires an inventory of “fuel ladder” issues. Please note any problematic areas on the landscape plans and note where preventative treatment such as selective clearing is necessary. 29. Appendix P – Wildlife Management Plan. Please address the following: a. Report Figures. Figures 2 and 3 in the Wildlife Management Plan are poor resolution and difficult to read. Please provide legible figures. b. Site Features. The Wildlife Management Plan requires installation of flashing signs associated with collared Roosevelt elk in resident herds and installation of a west - oriented fence in any open areas where elk could access the golf course fairways. The fence is also listed as a mitigation measure in the SIES. Please identify the proposed locations of the flashing signs and elk fence. 30. Appendix S – Dark Sky Lighting Standards. Appendix S includes a number of lighting requirements and recommendations that must be implemented in the PHMPR project design. Please address the following: a. Illumination Standards. Appendix S identifies the following lighting standards: LZ2 (E2) zone for pathways and the maritime park, LZ2 (E2) zone for parking lots and maintenance areas. Other areas must be designed to comply with E1 standards pursuant to Condition 63(z) of Ordinance No. 01-0128-08. Provide enough information to determine general compliance with these requirements. Detailed review of compliance with Dark Sky Lighting Standards will occur with construction permits. b. Lighting Extent. The preliminary lighting plans show lighting on some roads and pedestrian pathways. Some roads and pathways are not shown as lighted (see Road D and access to Cascadia and Olympia Houses, Eagle’s Nest cul-de-sac, pedestrian paths adjacent to roadways, pedestrian pathways along top of shoreline bluff). Please verify that these roads and pathways are not intended to be lit. Exhibit 57 Pleasant Harbor Master Planned Resort (Case No. SUB2023-00025) Technical Review Comments July 3, 2024 Page 8 of 8 Additionally, the preliminary lighting plans show illumination to be cut off immediately at the edge of the lighted roads and pathways. It is more likely that illumination will extend somewhat beyond the edges of lighted infrastructure and the full extent of illumination should be shown on the plans. c. Building Lighting. The preliminary lighting plans do not include lighting information or modeled illuminance for building-mounted fixtures. Revise the plans to include this information. Fixture Height. The Public Safety – The Designed Lighting section of Appendix S requires fixtures to be mounted no more than six meters above the USP (now UNSP, “Urban Night Sky Place”) grade. The preliminary lighting plans indicate roadway fixtures will be 35 feet (approximately 10.7 meters) high with fixtures mounted at the top of the pole. The Specifications for Pathways and the Maritime Park section of Appendix S requires pathway fixtures to be limited to a maximum of two meters high. The preliminary lighting plans indicate pedestrian pathway fixtures will be 12 feet high (approximately 3.7 meters). Revise the plans to model illumination with fixtures that comply with the Dark Sky Lighting Standards. Actual fixtures will be reviewed for compliance with construction permits. Public Comments 31. Public Comments. All public comments received in response to the Notice of Application issued on May 1, 2024, have been attached for your review and consideration. I f you choose to provide a response, please respond directly to Jefferson County. 32. Updated Transportation Impact Analysis. WSDOT has requested an updated transportation impact analysis (TIA) for the project to evaluate current transportation conditions and potential project impacts. Please submit the updated TIA. PHMPR’s application is placed on hold pending the submittal of the requested information. As much as possible, please provide a single consolidated response. If you have any questions, please contact me at 360.352.1465 or cristina.haworth@scjalliance.com. Sincerely, Cristina Haworth, AICP Planning Consultant Encl.: Annotated Preliminary Plat plan set Public comments cc: Josh Peters, AICP, Jefferson County, Community Development Director George Terry, Associate Planner Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57 Exhibit 57