HomeMy WebLinkAbout93_ Request for Clarificatoin or Alternatively Reconsideration 042726APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 1
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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BEFORE THE HEARING EXAMINER FOR THE COUNTY OF JEFFERSON
IN AND FOR THE STATE OF WASHINGTON
In the Matter of the Application for
Preliminary Plat Approval SUB2023-00025
submitted by
PLEASANT HARBOR MARINA AND
GOLF RESORT LLP
File No. SUB2023-00025
REQUEST FOR CLARIFICATION OR,
IN THE ALTERNATIVE,
RECONSIDERATION
Pursuant to chapter 2.30 of the Jefferson County Code (“JCC”) and Jefferson County
Hearing Examiner Rule of Procedure (“HER”) 6.6, Pleasant Harbor Marina and Golf Resort LLP
(“Applicant”) respectfully submits this request for clarification of Finding 106 (“Finding”) in the
Hearing Examiner’s Findings of Fact, Conclusions of Law and Decision Approving Preliminary
Plat (“Decision”). Alternatively, the Applicant requests reconsideration of the Finding pursuant
to HER 6.5.
APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 2
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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A. Standard of Review
A principal party may request clarification of a decision of the Hearing Examiner
within 10 days of the decision. Clarification is limited to correcting “obvious errors or seeking
clarification on the application of specific issues.” HER 6.6.
Similarly, any aggrieved party may file a request for reconsideration within 10 days of
the hearing examiner decision. HER 6.5. The Hearing Examiner may grant the request for
reconsideration on the following grounds applicable here: the examiner committed an error of
law or misinterpreted the policy, regulation, or law; or the examiner’s findings, conclusions, or
conditions are not supported by the record.
B. Finding 106 Conflicts with the County Staff Conditions and the Development
Agreement, and is Inconsistent with the Jefferson County Code
Respectfully, the Applicant believes that Finding 106 of the Decision could be read to
modify the Staff Conditions to approval adopted by the Hearing Examiner. Finding 106 of the
Decision states:
That binding Phasing Plan expressly mandates that, as part of Phase
1 – i.e. the FIRST phase of the development – certain recreational
amenities must be constructed and complete. Phase 1 means phase
1, the first phase. So, Phases 2 and 3 cannot receive final plat
approval until after Phase 1 is complete, and Phase 1 cannot receive
final plat approval until all conditions are satisfied for such phase,
expressly including completion of the recreational amenities shall
be available to the general public as listed above.
(emphasis added). The Applicant seeks clarification, or in the alternative reconsideration, of the
emphasized language.
APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 3
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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The Hearing Examiner adopted the Staff Report conditions for approval which, consistent
with the Development Agreement1, do not require completion of the recreational amenities to
secure approval of a final plat application. The Development Agreement and Staff conditions do
not require completion of the minimum recreational amenities as a condition to final plat approval
for Phase 1. Rather, it requires that the minimum recreational amenities 2 be constructed during
Phase 1 and prohibits the development of the units allotted in Phases 2 and 3 until the minimum
recreational amenities are complete.
We respectfully request that the Hearing Examiner clarify this Finding to avoid confusion
with implementation of the adopted conditions to approval necessary for final plat. In the
alternative, the Applicant requests reconsideration of this Finding pursuant to HER 6.5.
1. The Development Agreement Requires “Preliminary Facilities” be Constructed
for Final Plat Approval and Does Not Require the Recreational Amenities be
Constructed for Final Plat Approval
The Development Agreement description of Phase 1 of the development identifies a
variety of improvements as part of “Phase 1” including: US 101/Black Point Road intersection
improvements: construction of the wastewater treatment plan, transit stop, golf course, “Golf
Terrace Community Recreation Center (including 208 units, spa services, pool, water slides,
commercial space and sport courts)”, and the Sea View Villas and Golf Vistas. Development
Agreement at 10.1.3. This section is silent on the order of construction in the context of
subdivision process and was not intended to outline criteria for final plat. Rather, it delineated
the improvements that must be included in a phased approach to development of the MPR before
the Applicant could continue to develop the improvements identified in Phases 2 and 3.
1 As used herein “Development Agreement” refers to the Development Agreement between the Applicant as
amended.
2 As used herein “recreational amenities” or “minimum recreational amenities” refer to those amenities identified in
Section 10.3 of the Development Agreement.
APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 4
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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Section 10.2.6 of the Development Agreement addresses the improvements that must
be constructed for final plat approval: “A final plat for a phase may be recorded by lot or tract
provided all the preliminary facilities necessary to serve the lot or tract are complete and the
specific development requirements within each lot or tract or complete.” Sections 10.2.1
through 10.2.5 identify the “preliminary facilities” necessary to secure final plat approval
including water system improvements, sewer system improvements, and roads and attendant
landscaping. Amended DA at 10.2. The recreational amenities outlined in Section 10.3 are not
included as “preliminary facilities” and therefore, are not required to be constructed or bonded
prior to final plat. Rather, Section 10.3 states that “[t]hese amenities shall be completed in Phase
1”. Development Agreement at 10.3. The language requiring amenities be completed “in Phase
1” contrasts with the language in Section 10.2.6 requiring “preliminary facilities” be “complete”
before a final plat can be recorded. The contrasting language expresses the parties’ intent that
development of recreational amenities would occur along with other allowed development in
Phase 1 and not as a precursor to final plat approval.
Paragraph 173 of the Staff Report identifies this contrast stating:
173. Compliance with the phasing plan in section 10 of the
Development Agreement (as amended) will be verified with
construction permits for infrastructure to be built between
preliminary and final plat phases, and with construction permits for
the preliminary facilities, resort amenities, and residential units.
Final plat approval for any phase will not be granted until section
10.2 of the Development Agreement (as amended) is satisfied.
September 15, 2025 Staff Report at 92. (Emphasis added.) The conditions imposed by the
County Staff Report further adhere to the distinction between “preliminary facilities” and
“recreational amenities” as it pertains to final plat approval. Condition 16 of the Staff Report,
as adopted by the Decision, for example, reiterates that “PHMPR shall construct or bond the
preliminary facilities consistent with section 10.2.1 through 10.2.5 of Amendment 2 to the
APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 5
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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Development Agreement prior to final plat approval.” The Staff Report, consistent with the
Development Agreement, does not include Section 10.3 as part of the enumerated improvements
that must be constructed or bonded to secure final plat approval.
2. Requiring Completion of the Recreational Amenities Prior to Final Plat
Approval Creates Conflict with State Law and the Jefferson County Code
Requiring construction of the recreational amenities prior to final plat is also inconsistent
with state and County laws requiring lots be legally subdivided before building permits may
issue. For example, the proposed Golf Terrace and Community Recreation Center is the planned
center of the resort and must be developed as part of Phase 1. As described in the Development
Agreement it will include many of the recreational amenities required in Section 10.3 in addition
to up to 208 residential units: “Golf Terrace Community Recreation Center (including 208 units,
spa services, pool, water slides, commercial space and sport courts)”. Final plat approval is
required before the Applicant can secure building permits for this structure. See e.g. RCW
58.17.210 (prohibiting issuance of building permits and development permits for any lot or tract
divided in violation of chapter 58.17); JCC 18.12.010 (limiting development permits to legal lots
of record); JCC 18.40.100(3) (requiring documentation verifying that the lots are validly
subdivided as a condition to development permit approval). Indeed, the planned locations of the
required recreational amenities cross existing lot lines and final plat approval is necessary to
create lawful lots needed for permits for those developments.
C. Conclusion and Revised Finding
The Applicant agrees with the Hearing Examiner’s finding and conditions that require
the Applicant to complete the minimum recreational amenities before permits may be issued for
development identified in Phases 2 and 3. For the reasons outlined above, however, the
APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 6
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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Applicant seeks clarification that the Hearing Examiner did not intend to modify the Staff
conditions through Finding 106 by adding requirements for final plat approval but rather to
reiterate that the Development Agreement prohibits the commencement of construction of units
allotted to Phases 2 and 3 until the recreational amenities outlines in Section 10.3 are complete
and open to the public as outlined in the following revised finding:
That binding Phasing Plan expressly mandates that, as part of Phase 1 –
i.e. the FIRST phase of the development – certain recreational amenities
must be constructed and complete. Phase 1 means phase 1, the first
phase. So, the structures included in Phases 2 and 3 cannot receive final
plat approval be constructed until after Phase 1 is complete, and Phase 1
cannot receive final plat approval until all conditions are satisfied for
such phase, expressly including completion of the recreational amenities
listed in Section 10.3 of the Development Agreement which shall be
available to the general public as listed above.
DATED this 27 day of April, 2026.
HOULIHAN LAW, PC
By
John T. Cooke, WSBA No. 35699
jt@houlihan-law.com
(206) 547-1075
Houlihan Law PC
100 N. 35th St.
Seattle, WA 98103
Attorneys for Pleasant Harbor Marina and
Golf Resort LLP
APPLICANT’S REQUEST FOR CLARIFICATION
OR, IN THE ALTERNATIVE,
RECONSIDERATION- 7
HOULIHAN LAW, P.C.
100 N. 35th St. - Seattle, WA 98103
206-547-1075
www.Houlihan-Law.com
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DECLARATION OF SERVICE
I, John T. Cooke, affirm that on this day I caused to be served Applicant’s Request for
Clarification or, in the Alternative, Reconsideration in the above-entitled matter to each of the
following parties by the method indicated below:
Party Contact Information
Delivery Method
Jefferson County Hearing Examiner's Office
Deputy Clerk of the Board, CMC
1820 Jefferson Street
Port Townsend, WA 98368
Via Hand Delivery
Jefferson County
Attn: Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
1820 Jefferson Street
Port Townsend, WA 98368
Electronic Mail:
phunsucker@co.jefferson.wa.us
I declare under penalty of perjury under the laws of the State of Washington, that the
foregoing is true and correct to the best of my knowledge.
EXECUTED April 27 2026, in Vancouver, Clark County, Washington.
________________________
John T. Cooke