HomeMy WebLinkAbout65A_2023-0906 AramburuLAW OFFICES OF J.RICHARD ARAMBURU PLLC
705 Second Avenue, Suite 1300 www.aramburulaw.com
Seattle, WA 98104-1797 www.aramburu-eustis.com
Telephone 206.625.9515
Facsimile 206.682.1376
September 6, 2023
Jefferson County Board of Commissioners
1820 Jefferson St.
PO Box 1220
Port Townsend, WA 98368
Delivered Via Email:
jeffbocc@co.jefferson.wa.us
RE: Pleasant Harbor Master Planned Resort
Dear Commissioners:
This office has, for many years, represented the Brinnon Group, a Washington non-
profit corporation formed due to concerns with a resort development proposed by the
Statesman Group near Black Point in the Brinnon area. This proposal, the Pleasant
Harbor Master Planned Resort (PHMPR) includes recreational amenities, including a
205 room hotel, a golf course, a community center, water slide, tennis courts, a hockey
rink, basketball court and swimming pool. These features will require a full sewer
system and water supply facilities. In addition, Statesman has proposed substantial
residential development including residential subdivisions and condominiums. As the
Commissioners are aware, this proposal has lacked continuously adequate funding; a
far back as 2016, the developer presented proposals to Jefferson County for
substantial public funding for this facility totally more than $37M.
Master Planned Resorts (MPR), such as the PHMPR, are permitted as a special
exception to the limitation of urban style development in the rural area under RCW
35.70A.360, “with primary focus on destination resort facilities consisting of short-term
visitor accommodations associated with a range of developed on-site indoor or outdoor
recreational facilities.” In short, MPRs do not simply authorize another housing
development, but require the creation of recreational facilities combined with short-term
visitor accommodations. MPRs are now allowed as just another residential
development.
Against this background, in June, 2018, the Commissioner adopted new zoning for the
PHMPR and, at the same time, approved a Development Agreement (DA) for the
Exhibit 65A
September 6, 2023
Page 2
PHMPR in Ordinances No.03-0604-18 and 04-0604-18 respectively. My client believed
that this zoning and DA was inconsistent with both the underlying zoning for the
property and the mandatory features of an MPR set forth in RCW 36.70A.360.
Accordingly the Brinnon Group filed suit in Kitsap County Superior Court challenging
these ordinances.
Following briefing and argument to the Court, on March 28, 2019, Judge Sally Olsen
entered an order reversing the ordinance approving the Development Agreement and
remanded it back to the Jefferson County Commissioner. Judge Olsen specifically
found that Phase 1 of the development did not contain provisions to assure the
required recreational elements of the proposal necessary to make it a “Master Planned
Resort” would stand alone if no further phases were completed. She noted that Phase
1 as proposed failed to include a golf course, a spa, sports court, pool, water slides, a
recreation center, a conference center, staff quarters or community space. She
specifically found that a community center as required by the underlying was not
included in the development.
Neither the developer Statesman nor Jefferson County appealed Judge Olsen’s ruling,
but instead amended the Development Agreement consistent with her March 28, 2019
order. Amended Phase 1 includes golf course construction, road construction,
Highway 101/Black Point Road intersection improvements and the wastewater
treatment plant. Phase 1 also now includes the community/recreational center with 208
hotel units, pool, water slides, commercial space, sport courts, a maintenance building,
and a section with 52 units for staff quarters. The MPR features must be completed
before residential development is permitted.
My client has reviewed the June 5, 2023 Commissioners meeting at which the PHMPR
was discussed and an agreement between the developer and Jefferson County was
approved concerning the payment of County expenses in processing the PHMPR
permits. At the meeting, there was discussion of the intention of the developer
Statesman to pursue a “subdivision” proposal in 2024. The nature of this proposal was
not disclosed. However, no residential development in this MPR can proceed without
construction of the recreational facilities described above, in particular the construction
of the golf course, recreational center with hotel rooms, community center, a pool,
water slides and other such facilities. It is notable that in the 4 ½ years since the
Superior Court’s decision, there has been little or no progress on the required
recreational features of the Master Planned Resort. As far as we known, no permit
applications have been submitted for the golf course, recreation center, hotel, or any of
the other required recreational elements. These features must be built out prior to the
construction and sale of residential lots, finished homes or condominium units.
Exhibit 65A
September 6, 2023
Page 3
Though we expect that Jefferson County will follow its codes developed after the ruling
of Judge Olsen, the Brinnon Group continues to follow the review and permitting of any
development to assure the prior rulings, codes and requirements are fully followed.
Thank you for this opportunity to address this important subject.
Sincerely,
/s/ Jra Richard Aramburu
J. Richard Aramburu
JRA:cc
cc:Brinnon Group
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney, phunsucker@co.jefferson.wa.us
Josh D. Peters, AICP, Community Development Director, JPeters@co.jefferson.wa.us
Roma Call, Director, Natural Resources Dept., Port Gamble S’Klallam Tribe, romac@pgst.nsn.us
Peninsula Daily News, news@peninsuladailynews.com
The Leader, news@ptleader.com
Jefferson County Health Department, info@jeffersoncountypublichealth.org
Kevin LoPiccolo, Director, Clallum County Health Department, P.O. Box 1612, Forks WA 98331
State of Washington Department of Health, wadepthealth@doh.wa.gov, Office of the Secretary of
Health Umair A. Shah; Drinking Water ODW.Mail@doh.wa.gov, Healthy Communities
marylyn.dold@doh.wa.gov, Prevention and Community Health Janna.Bardi@doh.wa.gov,
Wastewater WasteWaterMgmt@doh.wa.gov, Board of Health wsboh@sboh.wa.gov
State of Washington Dept. of Ecology, Shorelands and Environmental Assistance Program
Manager Joenne McGerr, joenne.mcgerr@ecy.wa.gov
Exhibit 65A