HomeMy WebLinkAboutPC Agenda Packet 02-21-2018Jefferson County Planning Commission
MEETING AGENDA Tri-Area Community Center February 21, 2018
P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us
5:30pm Opening Business
• Call to Order/Roll Call
• Approval of Agenda
• Approval of Meeting Minutes, if available
• Commissioner Announcements
• Director’s Update, if available 5:45pm Observer Comment, Non-agenda topics
We’re experimenting with this format. See Observer Comment Conduct, below. 6:15pm Discussion
• Planning Commission Review, Discussion and Questions to Staff on Pleasant Harbor
MPR Draft Development Agreement and MPR regulations
o Planning Commission Motion 7:15pm Closing Business
• Additional Observer Comment
• Summary of today’s meeting
• Follow-up action items
7:30pm Adjournment
• Thank you for coming and participating in your government at work! Observer Comment Conduct: When the Chair recognizes you to speak, please begin by stating your name
and address. Please be aware that the observer comment period is …
1) An optional time period dedicated to listening to the
public, not a question and answer session. The Planning
Commission is not required to provide response;
2) Offered at the Chair’s discretion when there is time;
3) Not a public hearing – comments made during this time
will not be part of any hearing record;
4) May be structured with a three-minute per person time
limit.
PROPOSED PLANNING COMMISSION MEETING DATES
2018
01/03/2018
01/17/2018
02/07/2018
02/21/2018
03/07/2017
03/21/2018
04/04/2018
04/18/2018
05/02/2018
05/16/2018
06/06/2018
06/20/2018
07/18/2018
08/01/2018
08/15/2018
09/05/2018
09/19/2018
10/03/2018
10/17/2018
11/07/2018
11/21/2018
12/05/2018
12/19/2018
PROPOSED PLANNING COMMISSION MEETING DATES
2018
01/03/2018
01/17/2018
02/07/2018
02/21/2018
03/07/2017
03/21/2018
04/04/2018
04/18/2018
05/02/2018
05/16/2018
06/06/2018
06/20/2018
07/18/2018
08/01/2018
08/15/2018
09/05/2018
09/19/2018
10/03/2018
10/17/2018
11/07/2018
11/21/2018
12/05/2018
12/19/2018
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PLEASANT HARBOR MASTER PLANNED RESORT
(Jefferson County Planning Commission Version 2016)
Title 17
MASTER PLANNED RESORTS
Title 17, Article I, Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17, Article II, Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60, General Provisions
17.60.010 Authority.
This title is adopted pursuant to Chapters 36.70 and 36.70A RCW, and Title 18 JCC.
17.60.020 Title.
The regulations set forth in this title shall be known as the “Pleasant Harbor Master
Planned Resort Code” or by the short title “Pleasant Harbor MPR Code.” Citations to these
regulations shall be made using the applicable JCC section number.
17.60.030 Purpose and intent.
The purpose and intent of the Pleasant Harbor MPR code is to set forth development
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Master Planned Resort.
17.60.040 Additional requirements.
In addition to the requirements of this title, the provisions of Title 15 and Title 18 of the
Jefferson County Code shall apply to development in the Pleasant Harbor MPR. Applications for
development within the MPR must be submitted as provided for in JCC 18.35 Article V, Binding
Site Plans, and all subsequent development within the MPR area will be subject to the approved
binding site plan and as specified in the terms and conditions of the Development Agreement
between Jefferson County and the Developer.
17.60.050 Applicability.
The provisions of this title shall apply to all land use actions and siting of infrastructure
including over water or in-water work to be conducted within the boundary of the Pleasant
Harbor Master Planned Resort as depicted on the official land use map for Jefferson County,
Washington.
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17.60 060 Exemptions.
The following structures and uses shall be exempt from the regulations of this title, but
are subject to all other applicable local, state and federal regulations including, but not limited to,
the county building ordinance, interim critical areas ordinance, the shoreline management master
program, and the State Environmental Policy Act (SEPA).
(1) Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment for
the distribution to consumers of telephone or other communications, electricity, gas, or water or
the collection of sewage, or surface or subsurface water operated or maintained by a
governmental entity or a public or private utility or other county franchised utilities including
customary meter pedestals, telephone pedestals, distribution transformers and temporary utility
facilities required during building construction, whether any such facility is located underground,
or above-ground; but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground electrical substations, sewage pump
stations or treatment plants, or potable water storage tanks or facilities, which shall require
conditional use approval in any zone where permitted;
(2) Underground utility equipment, mailboxes, bus shelters, informational kiosks, public
bicycle shelters, or similar structure or device which is found by the director of community
development to be appropriately located in the public interest;
(3) Minor construction activities, as defined by the IBC, Section 106.2 and structures exempt
under Chapter 15.05 JCC, as amended;
(4) Development consistent with the Marina Binding Site Plan approved by the County prior
to adoption of this chapter.
17.60.070 Pre-existing uses and structures.
Existing legally-permitted, residential and non-residential land uses and structures in all
zones of the Master Planned Resort are lawful uses and may be continued in a manner consistent
with state law, Titles 15 and 18 of the Jefferson County Code and any other applicable
regulations or Ordinances.
17.60.080 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title 18 of the
Jefferson County Code as currently enacted or as hereafter amended shall apply to any alleged
violation of Title 17, Article II, more commonly known as the “Pleasant Harbor MPR Code.”
Chapter 17.65 Pleasant Harbor Master Planned Resort Residential Recreation and
Commercial Zone (MPR-RRC)
17.65.010 Purpose.
The MPR-RRC zone allows residential and recreational facilities, as well as commercial
amenities and services associated with the resort and surrounding community. It also allows for
the central resort and conference facilities.
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17.65.020 Permitted Uses.
(1) Residential uses including single-family and multifamily structures, condominiums,
townhouses, apartments, lofts, villas, time-share and other fractionally owned accommodations.
(2) Short-term visitor accommodations, constituting not less than 65% of the total residential
units authorized by Ordinance #01-0128-08, including, but not limited to hotels, motels, lodges,
and any residential uses allowed under subsection 1 of this section that are made available for
short-term rental. “Short-term rental” shall be construed to mean less than 30 days.
(3) Visitor oriented amenities, including, but not limited to (a) conference and meeting
facilities; (b) restaurants, cafes, delicatessens, pubs, taverns and entertainment associated with
such uses; (c) on-site retail services and businesses typically found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resort; and
(d) recreation business and facilities;
(4) Cultural and educational facilities of all kinds including, but not limited to, interpretative
displays of local Native American ties to and uses of the area, art galleries, and indoor or outdoor
theaters;
(5) Indoor and outdoor resort-related recreational facilities, including but not limited to
tennis courts, swimming pools, spa services, hiking trails, bicycle paths, ropes courses,
amphitheater, and other recreational uses consistent with the nature of master planned resort;
(6) Waste water treatment facilities, including treatment plants, capture, storage and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater;
(7) Public water supply and related facilities;
(8) Public facilities and services as defined in JCC 18.10.160;
(9) Utilities supporting the resort;
(10) Emergency services (fire, police, EMS);
(11) Medical services; and
(12) Other similar uses consistent with the purpose of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Height restrictions.
No buildings within the MPR-GR zone shall be erected, enlarged or structurally modified
to exceed 35 feet in height as measured by IBC standards except with approval of the local Fire
District. Underground or imbedded parking shall not be included in any height calculations.
17.65.040 Bulk and setback requirements.
All structures shall be set back at least 40 feet from Master Planned Resort boundary
lines and adjacent MPR zones. Minimum building setback from State Route 101 is 50 feet.
17.65.050 Critical Areas, Significant Tree Retention and Cultural Resources Protection
Areas
(1) Critical areas and their buffers within the MPR boundaries shall be identified, delineated
and permanently protected in accordance with JCC 18.22 and shall be designated on the official
map of the Pleasant Harbor Master Planned Resort. A building setback of 10 feet shall apply to
all designated buffer areas.
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(2) Significant Tree Retention.
All trees measuring 10” diameter breast high (dbh) or greater on the date of binding site plan
approval shall be located and marked for retention, and measures taken to protect surrounding
soil and roots during site disturbance. Where there is no alternative to removing such trees,
additional trees, such as Douglas Fir or Sitka Spruce at least four years old or four feet in height,
shall be planted in buffer areas at a ratio of two trees planted for each removed. Where feasible,
removed trees and their root wads shall be made available for watershed restoration projects.
(3) Kettles.
A “kettle” is defined as a depression on the land surface left by an ice block after glacial retreat.
Black Point has three such geologic and culturally significant features inside the MPR
boundaries. Kettles are identified as a type of wetland difficult to replace. The three kettle sites
on Black Point inside the MPR boundaries shall be preserved and protected to include buffers as
deemed sufficient per agreement with the Port Gamble S’Klallam Tribe.
(4) Special Environmental Protection Provisions.
Notwithstanding all other environmental requirements, the MPR approved plan must have
provisions for:
(a) Well-head Protection and Aquifer Recharge Area
Permeable soils on site mean potential contamination of the aquifer could occur from
improperly directed run-off, spills or other contamination of fertilizers, pesticides,
herbicides and petroleum products, putting human health at risk as well as fish and
wildlife. An approved plan for directing untreated run-off away from the aquifer and
treating all on-site run-off with current biofiltration standards prior to any discharge
to the aquifer.
(b) An approved organic vegetation and site management plan shall be submitted to the
County as part of the overall Master Planned Resort application for review and
approval, or approval with conditions.
(c) All development and landscaping within the PHMPR area must be located ,
constructed, and maintained in such a manner as to provide full protection to the
aquifer and any on-site or neighboring wells that rely on that aquifer for potable
water.
(d) No golf course greens should be constructed over the aquifer recharge area. Site
grading and excavation shall be minimized, as demonstrated by a County reviewed
and approved grading plan pursuant to JCC 18.30.060 & 070.
(e) Land disturbing activities such as grading and filling shall be kept to a minimum and
natural contours shall be followed in locating and designing all development features
to protect the natural environmental uniqueness of the site.
(f) Regular independent water quality testing shall be conducted at specific monitoring
sites to be identified in the Resort Plan to test for saltwater intrusion and toxic
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contamination in local wells that rely on the Black Point sole source aquifer, as well as
testing in the lower reaches of the two adjoining watersheds for toxic contamination
and low oxygen levels.
(g) All development and land disturbance shall protect/avoid all important
cultural/historic sites that are listed, or eligible to be listed, by State Historic
Preservation Officer or by a local Tribe with jurisdiction. Pursuant to JCC 18.30.160,
the County recognizes that the area of the MPR is within the ceded area of Tribes that
were parities to the Point No Point Treaty.
(h) The owner/developer or assignees must provide for all on-site recycling of material,
including paper, glass, cardboards, plastics, and composting of garden waste, food
waste. All compost should be reused on site. The owner/developer or assignees must
provide a written record that landscaping materials purchased and applied onsite,
including those applied as compost feedstocks, and pest controls are within the
parameters and use restrictions set forth by the National List of Allowed and
Prohibited Substances as published and periodically updated by USDA National
Organic Program.
(i) The applicant shall identify wildlife use areas within the site and provide for set-aside
and protection of core wildlife habitat areas and connecting corridors.
(j) In cooperation and consultation with local tribes, areas shall be set aside and
maintained for the occasional harvesting of medicinal plants and other plants
important to tribal culture.
(k) All development with the PHMPR must comply with the requirements for buffer
retention, wildlife protection, greenbelt retention and maintenance and establishment
of permanent protective easements for these resources, as well as the other specific
requirements of Jefferson County Ordinance, 01-0128-08, which was part of the Board
of County Commissioners Council approval for establishment of the Pleasant Harbor
Master Planned Resort.
(l) Any development proposed in the PHMPR shall use the LEED (Leadership in Energy
and Environmental Design) green building rating system standards.
(m) Any development proposed in the PHMPR shall use the International Dark Sky
Association (IDA) Zone E-1 standards for the MPR in order to limit night-time light
pollution which may affect neighboring residential areas as well as wildlife.
(5) Public Access to Master Planned Resort Amenities.
All amenities and recreational resources of the development shall be open to all members of the
public, with the exception of those type of activities pertaining to guests and residents only such
as access to laundry rooms or internal recreation rooms, TV rooms, etc. Nothing in this section
shall prevent the operator of any recreational resource from establishing a fee or charge for the
public’s use of the recreational resource.
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Chapter 17.70, Open Space Reserve (MPR-OSR)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide for a natural vegetated buffer area
between the resort activities and the waters of Hood Canal. The MPR-OSR zone shall include a
buffer extending landward 50 feet as surveyed from the top of the shoreline bluff bank, including
a 10 foot building setback, along southern boundary of the MPR in accordance with Ordinance
No. 01-0128-08.
17.70.020 Permitted uses.
The following uses may be allowed in the buffer and open space areas in the MPR-OSR
zone after review and approval of appropriate critical area reports:
(1) Restoration of existing development intrusions (roads, campsites) to their natural pre-
development state; and
(2) Passive recreation, including trails that do not reduce the forest canopy, increase
stormwater discharge, or bluff erosion.
(3) Educational and interpretive displays and signs may be installed if such installations involve
a minimum of disturbance to soils or vegetation.
Chapter 17.75, Marina - Maritime Village (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina and maritime village portion of the resort and surrounding community, and provides the
central support to the marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:
(1) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated regulations Chapter 18.25 JCC;
(2) Residential uses including single-family and multifamily structures, condominiums, time-
share and fractionally owned accommodations of all kinds;
(3) The Marina and Maritime Village related upland mixed use, commercial and service
facilities, including open parking lots, restaurants and shops, as well as marine service facilities,
marina office, yacht club and recreation facilities serving the resort and the Marina;
(4) All over-water buildings and docks shall be constructed so as not impede migrating fish
and to minimize shading.
(5) Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting marina and maritime village uses, fuel service and parking;
(6) Indoor and outdoor resort-related recreational facilities, including but not limited to
tennis courts, swimming pools, marinas, hiking trails, bicycle paths, ropes courses, game center
and other recreational uses consistent with the nature of master planned resort;
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(7) Utilities supporting the resort;
(8) Infrastructure and buildings, both above and below ground, for the utilities;
(9) Emergency services (fire, police, EMS);
(10) Public facilities, and services serving the MPR-MV zone;
(11) Medical services; and
(12) Other similar uses consistent with the purpose of the zone and MPR as determined by the
Department of Community Development and consistent with 18.25 JCC.
17.75.030 Height restrictions.
No buildings within the MPR-MV zone shall be erected, enlarged or structurally
modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded
parking shall not be included in any height calculations.
17.75.040 Bulk and setback requirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County’s Shoreline Master Program as codified under JCC 18.25.
Chapter 17.80, Pleasant Harbor Resort Development
17.80.010 Resort development.
This section describes the “Resort Plan” for facilities to be located in the resort MPR, sets
out a required environmental review process for any future resort development, and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of (intentionally left
blank to be determined by further consultation with the Port Gamble S’Klallam Tribe) residential
units provided, however, short term visitor accommodation units shall constitute not less than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
56,608 square feet of resort commercial, retail, restaurant and conference space, not including all
internal open space.
17.80.030 Resort Plan and Development Agreement
The Resort Plan, shall consist of an approved binding site plan, including monitoring and
operational plans, and an approved Development Agreement for future development of
properties in the Pleasant Harbor MPR. The process for approval of such agreements is
contained in 18.40.820 JCC
17.80.040 Permit process for resort development.
(1) A project-level supplemental environmental impact statement (SEIS) analyzing
development of the Resort Plan is required prior to issuance of building permits for any new
resort development.
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(2) Notice of development application and environmental review under SEPA shall be
provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC
Title 18.
(3) Actual building permit plans or construction drawings may not be required during the
SEPA review process, but submitted architectural drawings must contain and demonstrate
sufficient details, including a detailed site plan, showing approximate elevations, sections, and
floor plans are required, however, to ensure that the SEPA review process analyzes and
considers project-level details.
(4) The department of community development may impose mitigating conditions or issue a
denial of some or all of the Resort Plan based on the environmental review and using authority
provided pursuant to the State Environmental Policy Act, Chapter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit process for resort development.
(5) Following completion of the SEIS, building permits may be issued, following appropriate
plan review, for projects analyzed in the SEIS.
(6) Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposed as part of the environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.
(1) All project level applications will be presumed to meet the threshold for a SEPA
Determination of Significance except where the SEPA-responsible official determines that the
application results in only minor impacts. Existing environmental review documents may be
adopted under SEPA if those documents meet the SEPA and JCC requirements to adequately
address environmental impacts and mitigation as set forth in RCW 43.21C.034.
(2) The scope of an SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007, together with such additional
requirements as a project specific application may raise. The scope shall not change the
standards of approval, however, as set forth in the applicable development agreement and these
development regulations.
(3) The utility element of any subsequent phase of SEPA review pertaining to the Pleasant
Harbor MPR shall provide information on all affected utility systems, including sewer and water
systems and the results of required monitoring. The effectiveness of such monitoring shall be
evaluated. Supplements or changes to the monitoring and reporting systems shall be considered
if necessary to ensure that water quality and water supply are adequately protected and impacts
to natural resources minimized. Requirements for water quality and quantity monitoring as well
as for run-off impacts shall be specified in the Developer Agreement and in 17.80.030.
(4) Any preliminary scope for future development within the Pleasant Harbor MPR shall be
consistent with the approved Resort Plan. Other elements, issues, and specific levels of detail
may be included based on information available at the time the Resort Plan development
application is submitted. Elements noted above may be combined in the SEPA analysis to reduce
duplication and narrow the focus on potentially significant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.
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(1) Any proposed revision of size or scope to the Pleasant Harbor MPR boundary or zone
changes within the MPR shall require a Comprehensive Plan amendment and related zoning
action. Such changes are outside the scope of the revision processes described below and in JCC
17.80.070 and 17.80.080. The County may approve an amendment to the Comprehensive Plan
only if all requirements of the Growth Management Act (Chapter 36.70A RCW) are fulfilled.
(2) The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval of a revision, all subsequent development proposals shall be
consistent with the revised Resort Plan and development regulations.
(3) Proposed revisions to the Resort Plan shall be submitted to the Department of
Community Development (DCD) and the DCD director will determine whether the proposal
constitutes a major or minor revision. Upon making a determination, the proposed revision shall
follow the appropriate process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.
(1) Minor Revisions. Resort Plans may require minor changes to facilities and services in
response to changing conditions or market. Minor revisions are those that do not result in a
substantial change to the intent or purpose of the Resort Plan in effect. A change that satisfies
the following criteria shall be deemed a minor revision for purposes of this chapter:
(a) Involve no more than a five percent (5%) increase in the overall gross square
footage of the Resort Plan;
(b) Will have no additional impacts on the environment and/or facilities than that
addressed in the development plan;
(c) Do not alter the boundaries of the approved plan;
(d) Do not propose new uses or uses that modify the recreational nature and intent of
the resort.
(2) Minor Revision Approval Process. Applications for minor revisions shall be submitted to,
and reviewed by the Jefferson County Department of Community Development (DCD) to
determine if the revisions are consistent with all of the approved provisions of the Resort Plan
the 2015 FSEIS, the Jefferson County Comprehensive Plan and other pertinent documents.
Those proposals that satisfy the above-referenced criteria shall be deemed a minor plan revision
and may be administratively approved (as a Type II decision under the land use procedures of
JCC Title 18, Unified Development Code) by the director of the department of community
development. Public notice of the application, the written decision, and appeal opportunities
shall be provided to all persons or agencies as required by the land use procedures of JCC Title
18, Unified Development Code. Those revisions that do not comply with the provisions
contained within this section shall be deemed a major revision, subject to the provisions outlined
in JCC 17.80.080.
17.80.080 Major revisions.
Revisions to the Resort Plan that will result in a substantial change to the resort
including: changes in use, increase in the intensity of use, or in the size, scale, or density of
development; or changes which may have additional impacts on the environment beyond those
reviewed in previous environmental documents, are considered to be major revisions and will
require application for a revised Resort Plan.
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(1) Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providing a
framework for review, analysis and mitigation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:
(a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan;
(b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR;
(c) A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site design and
protection of natural amenities;
(d) A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet the needs
of residents of the Pleasant Harbor MPR and patrons of the resort;
(e) A completed SEPA environmental checklist with description and analysis of the
environmental impacts associated with the proposed revision, including an analysis of the
cumulative impacts of both the proposed revision and the approved Resort Plan, and their
effects on surrounding properties and/or public facilities;
(f) A description of how the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and any features, such as connections to trail systems,
natural systems or greenbelts, that have been established to retain and enhance the
character of the resort and the overall MPR;
(g) A description of the intended phasing of development projects;
(h) Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas;
(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands, including but not limited to
transportation, water, sewer and stormwater facilities; and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.
(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III), with a required public hearing prior to the decision. Public notice of the
application, the required public hearing, the written decision, and appeal opportunities shall be
provided to all persons or agencies as required by the land use procedures of JCC Chapter 18.40
Article III, Unified Development Code. Any proposed major revision also involving a change to
the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V
county commissioners decision) prior to any decision on the Resort Plan amendment and review
by the County Planning Commission and subsequent recommendation to the Board of County
Commissioners who approve all Comprehensive Plan amendments.
(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan,
and the Board of County Commissioners may approve any associated Comprehensive Plan
Amendments, only if all the following criteria are met:
(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan;
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(b) No unmitigated probable significant adverse environmental impacts would be
created by the proposed revision;
(c) The revision is consistent with all applicable development regulations, including
those established for critical areas;
(d) On-site and off-site infrastructure (including but not limited to water, sewer,
storm water and transportation facilities) impacts have been fully considered and
mitigated;
(e) The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site design,
and protection of natural amenities.
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Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only if the residential uses are integrated into and support the on-site
recreational nature of the resort.
(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The first only existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.
(2) Pleasant Harbor MPR. Pleasant Harbor MPR is the second officially designated master
planned resort in the County. The Pleasant Harbor MPR is designated in accordance with RCW
36.70A.360 as a new master planned resort and is subject to the provisions of JCC Title 17. The
Pleasant Harbor MPR is characterized by resort and recreation facilities and amenities south of
Black Point Road and a marina/Maritime Village and associated housing north of Black Point
Road. The resort is predominately designed to serve resort and recreation uses and has only
limited full-time occupancy. The resort is served by the Brinnon Rural Center, which
accommodates LAMIRD-scale commercial uses serving the resort and local population. The
master planned resort's internal regulations and planning restrictions such as codes, covenants
and restrictions may be more restrictive than the requirements in JCC Title 17. However,
Jefferson County does not enforce private codes, covenants and restrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The only existing officially designated master planned resorts in the county are is the Port
Ludlow MPR and the Pleasant Harbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
pertaining to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a
formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080.
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18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural communities. The
purpose of this article is to establish a master planned resort land use district to be applied to
those properties the board of county commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
(1) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent of the total resort
accommodation units.
3) Indoor and outdoor recreational facilities and uses, including, but not limited to tennis
courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities,
sports complexes, and other recreational uses deemed to be consistent with the on-site
recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs of the users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, food stores, real estate/property management offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and
outdoor equipment rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
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(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part of the resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(f) A description of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and
RCW 36.70B.170, the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned
resort, which may include, but are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
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(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-11-164 and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.110.
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC
18.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of
JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § 1]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes location-specific standards to retain and enhance the
character of the resort.
(10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 § 1]
18.15.138 Port Ludlow Master Planned Resort.
The Port Ludlow Master Planned Resort Code (JCC Title 17), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
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DRAFT
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
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Table of Contents
DEVELOPMENT AGREEMENT ..................................................................................... 1
1 RECITALS. ................................................................................................................ 1
2 EFFECTIVE DATE, TERM AND BUILD-OUT PERIOD. ...................................... 2
2.1 Effective Date. ............................................................................................... 2
2.2 Term. .............................................................................................................. 2
2.3 Build-Out Period. ........................................................................................... 2
2.4 Modification. .................................................................................................. 2
2.5 Exhibits and Appendices. ............................................................................... 2
3 THE PROPERTY AND THE MASTER PLAN. ....................................................... 2
3.1 The Property Description. .............................................................................. 2
3.2 The Master Plan Components. ....................................................................... 2
4 NATIVE AMERICAN TREATY RIGHTS. .............................................................. 3
4.1 Protection of Native American Treaty Rights. ............................................... 3
4.1.1 Protection of Fishing Rights. ........................................................................ 3
4.1.2 Protection of Hunting Rights. ....................................................................... 3
4.2 Preservation of Native American Treaty Rights. ........................................... 3
5 RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE. ..................... 3
6 PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY ............. 4
6.1 Recognition of Significant Nearby Natural Resources. ................................. 4
6.2 Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on
Nearby Natural Resources. ............................................................................ 4
7 RESERVATION OF POLICE POWER OF THE COUNTY .................................... 4
7.1 Police Power. ................................................................................................. 4
7.2 Reservation of County Authority. .................................................................. 4
8 DEVELOPMENT STANDARDS. ............................................................................. 5
8.1 Permitted Uses and Density Standards; Zoning. ............................................ 5
8.2 Planning Goals and Objectives. ..................................................................... 5
8.3 Stormwater Standards. ................................................................................... 5
8.3.1 Stormwater Subject to Best Management Practices and the County’s Stormwater Management Requirements. ..................................................... 5
8.3.2 Stormwater Management in Public Roads, Rights-of-Way and Easements. 5
8.3.3 Stormwater Management in Private Rights-of-Ways ................................... 5
8.4 Critical Area Standards .................................................................................. 5
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8.5 Land Division Standards ................................................................................ 6
8.6 Shoreline Master Program ............................................................................. 6
8.7 Additional Development Standards. .............................................................. 6
8.8 Compliance with Ordinance 01-0128-08. ...................................................... 6
8.8.1 Condition 63(e). ............................................................................................ 6
8.8.2 Condition 63(f).............................................................................................. 6
8.8.3 Condition 63(k). ............................................................................................ 6
8.8.4 Condition 63(l). ............................................................................................. 7
8.8.5 Condition 63(p). ............................................................................................ 7
8.8.6 Condition 63(r).............................................................................................. 7
8.8.7 Condition 63(s). ............................................................................................ 7
8.8.8 Condition 63(t). ............................................................................................. 8
8.8.9 Condition 63(x). ............................................................................................ 8
8.8.10 Condition 63(z). ............................................................................................ 8
8.9 The Pleasant Harbor MPR Water Service...................................................... 8
8.10 The Pleasant Harbor MPR Wastewater Treatment Plan. ............................... 8
8.11 Memoranda of Understanding. ...................................................................... 8
8.11.1 School Services Mitigation. .......................................................................... 9
8.11.2 Fire and EMS Services Mitigation. ............................................................... 9
8.11.3 Law Enforcement Services Mitigation. ........................................................ 9
8.11.4 Transportation Services Mitigation............................................................... 9
8.11.5 Healthcare Services Mitigation. .................................................................... 9
8.11.6 Housing Mitigation. ...................................................................................... 9
8.11.7 Parks and Recreation Mitigation. ................................................................ 10
8.11.8 MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08................... 10
9 STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY
COUNTY. ................................................................................................................. 10
9.1 County Processing and Review.................................................................... 10
9.2 SEPA Compliance........................................................................................ 10
9.2.1 Environmental Impact Statement. ............................................................... 10
9.2.2 Supplemental Environmental Impact Statement. ........................................ 11
9.2.3 Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required. ...................... 11
9.2.4 Future SEPA Review for Individual Projects. ............................................ 11
9.3 Vesting of Development Standards. ............................................................. 12
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9.3.1 Scope of Vesting. ........................................................................................ 12
9.3.2 Vesting Period. ............................................................................................ 12
9.3.3 Default Standards and Requirements. ......................................................... 12
9.3.4 State and Federal Law. ................................................................................ 12
9.3.5 Building Codes............................................................................................ 12
10 PHASING. ................................................................................................................ 13
10.1 Phasing Plan. ................................................................................................ 13
10.1.1 Phases Proposed. ......................................................................................... 13
10.1.2 Requirement of Adequate Infrastructure, Open Space, Recreational Facilities, Landscaping and Other Conditions Sufficient for Each Phase to Stand Alone. ............................................................................................... 13
10.1.3 Phase 1. ....................................................................................................... 13
10.1.4 Phase 2. ....................................................................................................... 13
10.1.5 Phase 3. ....................................................................................................... 14
10.2 Preliminary Facilities. .................................................................................. 14
10.2.1 Water System. ............................................................................................. 14
10.2.2 Wastewater Treatment System. .................................................................. 14
10.2.3 Road Network. ............................................................................................ 14
10.2.4 Landscaping. ............................................................................................... 14
10.2.5 Parking. ....................................................................................................... 14
10.2.6 County Approval of Preliminary Facilities Required. ................................ 14
10.3 Public Amenities and Access. ...................................................................... 15
11 INDEMNITY. ........................................................................................................... 15
11.1 Indemnified Claims. ..................................................................................... 15
11.2 The Developer’s Obligations. ...................................................................... 15
11.2.1 Scope. .......................................................................................................... 15
11.2.2 No Waiver of RCW 4.96.020 by the Developer. ........................................ 15
11.2.3 Cooperation. ................................................................................................ 16
11.2.4 Best Efforts to Obtain Release of the County. ............................................ 16
11.2.5 Claims against Both the County and the Developer. .................................. 16
11.2.6 The Developer is the Real Party in Interest. ............................................... 16
11.3 The County’s Obligations. ........................................................................... 16
11.3.1 Notice. ......................................................................................................... 16
11.3.2 Cooperation. ................................................................................................ 17
11.3.3 Consent to Counsel Selected by the Developer. ......................................... 17
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11.4 Limitations. .................................................................................................. 17
11.4.1 No Indemnity for Claims Other than Indemnified Claims. ........................ 17
11.4.2 Claims Based on Comparative Fault........................................................... 17
12 GENERAL PROVISIONS. ...................................................................................... 17
12.1 Governing Law. ........................................................................................... 17
12.2 Binding on Successors. ................................................................................ 17
12.3 Assignment................................................................................................... 18
12.3.1 Right to Transfer, Consent of the County Not Required. ........................... 18
12.3.2 Obligations of the Developer and Transferee under this Agreement. ........ 18
12.4 Release of the Developer’s Liability by Assignment................................... 18
12.4.1 Transfer and Assumption of All Obligations Under this Agreement
Required...................................................................................................... 18
12.4.2 Results of Effective Assignment. ................................................................ 18
12.4.3 Effect of Partial Assignment. ...................................................................... 18
12.5 Recording as a Covenant Running with the Land........................................ 19
12.6 Release as to Residential Development. ...................................................... 19
12.7 Severability. ................................................................................................. 19
12.8 Amendment. ................................................................................................. 19
12.9 Headings....................................................................................................... 19
12.10 Dispute Resolution. ...................................................................................... 19
12.11 Default and Remedies. ................................................................................. 20
12.12 No Third Party Beneficiaries. ...................................................................... 20
12.13 Construction. ................................................................................................ 21
12.14 Signature in Counterparts............................................................................. 21
12.15 Notice. .......................................................................................................... 21
12.16 Estoppel Certificates. ................................................................................... 22
12.17 Cooperation. ................................................................................................. 22
12.18 Voluntary Undertaking. ............................................................................... 22
12.19 No Waiver. ................................................................................................... 22
12.20 No Private CCR Enforcement by the County. ............................................. 23
12.21 Entire Agreement. ........................................................................................ 23
12.22 No Assignment. ............................................................................................ 23
13 REPRESENTATIONS AND WARRANTIES. ........................................................ 24
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List of Attachments
Exhibits:
Exhibit 1 – Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property and Pleasant Harbor Marina, LLC Property Exhibit 2 – Master Plan Map of the Property
Exhibit 3 – Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map) Exhibit 4 – Phasing Plans
Appendices:
Appendix A – MPR zoning chapter, Title 17 and 18 as amended
Appendix B – Stormwater Management Requirements, Chapter 18.30.070 JCC Appendix C – Critical Area Requirements, Chapter 18.22 JCC Appendix D – Land Division Requirements, Chapter 18.35 JCC Appendix E – Land Use Application Procedures Requirements, Chapter 18.40 JCC
Appendix F – Shoreline Master Program Requirements, Chapter 18.25 JCC
Appendix G – Additional development standards, Chapters 12.05, 12.10, and 18.30 JCC Appendix H –Water System Plan Appendix I – Wastewater Treatment Plan Appendix J – Memoranda of Understanding:
1. Schools Mitigation 2. Fire/EMS Mitigation 3. Law Enforcement Mitigation 4. Transportation Mitigation
5. Health Care Services Mitigation
6. Housing Mitigation 7. Parks and Recreation Mitigation Appendix K – Ordinance 01-0128-08
Appendix L – Vegetation Management Plan
Appendix M – Conservation Easements Appendix N – Water Quality Monitoring Plan Appendix O – Neighborhood Water Supply Program Appendix P – Wildlife Management Plan
Appendix Q – Cultural Resources Management Plan
Appendix R – Tunicate Monitoring Agreement Appendix S – International Dark Sky Appendix T – LEED Narrative
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (“this Agreement”) is entered into this
_____ day of ________, 2017, by and between PLEASANT HARBOR MARINA AND GOLF RESORT, LLP, a Washington limited liability partnership (referred to as “the Developer”) and JEFFERSON COUNTY (the “County”), a municipal corporation under the laws of the State of Washington, pursuant to RCW 36.70B.170-.210.
1 RECITALS.
WHEREAS, the Developer is the owner of real property consisting of approximately 237.88 acres located within the County which property is described with particularity in Exhibit 1 (the “Property”).
WHEREAS, the County approved the Developer’s application to designate the
Property as a master planned resort pursuant to RCW 36.70A.360 in the County Comprehensive Plan to allow for resort-related development including, but not limited to, a golf course and other on-site indoor and outdoor recreational amenities, conference center, resort-related commercial uses, long-term and short-term residential units not to
exceed 890 units, and open space (“the Pleasant Harbor MPR”).
WHEREAS, buildout of the Property is expected to occur over the next ten to twenty-five years and the Developer, the County, and members of the public at large will invest considerable time in the County permit and review process for the future buildout
of the Property.
WHEREAS, the Washington State Legislature enacted RCW 36.70B.170-.210 to strengthen the land use planning process and reduce the costs of development by authorizing the County to enter into an agreement with a landowner regarding the
development of its real property located within the County’s jurisdiction.
WHEREAS, the County has determined that this Agreement will facilitate orderly buildout of the Property within the Pleasant Harbor MPR and will further promote growth management and planning objectives of the County by providing
certainty over time with respect to permitted densities, uses, infrastructure, development
standards and other aspects of the development review process. WHEREAS, the Parties to this Agreement acknowledge the Zoning Ordinance for the Pleasant Harbor MPR is in conformance with the standards set forth in the
Countywide Planning Policies and the Jefferson County Comprehensive Plan and is
consistent with the goals and requirements of the Growth Management Act, Chapter 36.70A RCW and Jefferson County Ordinance 01-0128-08.
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
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NOW THEREFORE, in consideration of the promises, covenants, and
provisions set forth in this Agreement, the receipt and adequacy of which consideration is
acknowledged, the parties agree as follows:
2 EFFECTIVE DATE, TERM AND BUILD-OUT PERIOD.
2.1 Effective Date.
The effective date shall be the date of the adoption of a resolution by the Jefferson
County Board of Commissioners (“Board of Commissioners”) approving this Agreement
as required by RCW 36.70B.200.
2.2 Term.
The term of this Agreement shall be from the effective date to five (5) years after the end of the build-out period described in Section 2.3.
2.3 Build-Out Period.
The build-out period for purposes of RCW 36.70B.180 shall be twenty-five (25) years from the effective date or five years after the completion of all the phases described in Section 10, whichever is later.
2.4 Modification.
This Agreement may be modified, extended or terminated upon the express written
agreement of the Developer and the County.
2.5 Exhibits and Appendices.
Exhibits 1 through 4 and Appendices A through T are incorporated herein by this reference as if fully set forth. In the event of any conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreement, the main body of this
Agreement shall control.
3 THE PROPERTY AND THE MASTER PLAN.
3.1 The Property Description.
The Property covered by this Agreement consists of approximately 237.88 acres and is
described with particularity in Exhibit 1.
3.2 The Master Plan Components.
For the purposes of this Agreement, the Master Plan for future development of the Pleasant Harbor MPR consists of the development regulations adopted by the Board of County Commissioners, the conditions and requirements of Ordinance 01-0128-08, the
Final Environmental Impact Statement, the Final Supplemental Impact Statement, and
this Agreement, inclusive of a Phasing Plan and Master Plan Map of the Property.
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4 NATIVE AMERICAN TREATY RIGHTS.
4.1 Protection of Native American Treaty Rights.
4.1.1 Protection of Fishing Rights.
The Pleasant Harbor MPR is located between two public beaches located at the mouths of the Duckabush and the Dosewallips Rivers which provide both commercial and ceremonial/subsistence harvest opportunities to Native American tribes (“tribes”) with
usual and accustomed fishing rights in the area. To protect water quality the Developer
shall construct the Pleasant Harbor MPR in accord with the Stormwater Management requirements attached as Appendix B, Shoreline Master Program attached as Appendix F and Wastewater Treatment Plan attached as Appendix I. The Developer will operate the Pleasant Harbor MPR in accord with the Water Quality Monitoring Plan attached as
Appendix N and the Neighborhood Water Supply Program attached as Appendix O.
The Property sits atop a bluff above these two public beaches. Further, though located between these two public beaches, access to the public beaches on the trail from the Property has been curtailed and will continue to be curtailed permanently.
4.1.2 Protection of Hunting Rights.
The Port Gamble S’Klallam Tribe (“PGST”) has expressed concern that Elk hunted by the PGST in areas outside of the Property could be attracted to the Pleasant Harbor MPR once it is built out. The Developer shall implement the adaptive management measures set forth in the Wildlife Management Plan attached as Appendix P to mitigate against this
concern.
4.2 Preservation of Native American Treaty Rights.
The parties respect the tribal treaty rights and have modified the project and imposed mitigation measures designed, in part, to protect and preserve those rights.
Nothing in this Agreement should be viewed as an attempt to curtail or expand the rights
reserved to tribes under their treaties with the United States, including but not limited to the Point No Point Treaty. The Developer will continue to cooperate with tribes to protect tribal treaty rights.
5 RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE.
The parties and the tribes discussed the importance of kettles on the Property to the PGST’s cultural history. The PGST has applied for including of any Traditional Cultural Properties on the
National Register of Historic Places as of the date of this Agreement. If, prior to
Developer applying for a grading or building permit for the Pleasant Harbor MPR, the PGST applies for and receives a recommendation from the State Advisory Council on
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Historic Preservation that either Kettle B or C is eligible for listing in the National
Register of Historic Places, the Developer shall:
(A) Preserve either Kettle B or C by preventing the selected kettle from being used for any stormwater storage; and,
(B) Consult with the PGST to arrive at a kettle management plan where the PGST would enhance the selected kettle by removing invasive vegetation
and planting it with native vegetation found at the time of its use by native
people, and to develop and install an educational signs that explain the significance of the kettles to native people.
This provision does not restrict or otherwise prevent Developer from exercising its right to object to any application that kettles are culturally significant.
6 PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY
6.1 Recognition of Significant Nearby Natural Resources.
The Developer recognizes the importance of Hood Canal as a source of recreation and fishing. Protecting water quality in Hood Canal is just as important to the success of the Pleasant Harbor MPR as it is to those who use Hood Canal for recreation and subsistence.
6.2 Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on
Nearby Natural Resources.
The Developer agrees to address demonstrated impacts of the Pleasant Harbor MPR to water quality both on-site and off-site. The Developer will construct the Pleasant Harbor MPR in accord with the Stormwater Management requirements attached as Appendix B,
Shoreline Master Program attached as Appendix F and Wastewater Treatment Plan
attached as Appendix I. The Developer will operate the Pleasant Harbor MPR in accord with the Water Quality Monitoring Plan attached as Appendix N and the Neighborhood Water Supply Program attached as Appendix O.
7 RESERVATION OF POLICE POWER OF THE COUNTY
7.1 Police Power.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the County’s police power.
7.2 Reservation of County Authority.
The Developer understands and agrees that pursuant to RCW 36.70B.170(4) and JCC
18.40.840(3)(d), this Agreement reserves the County’s authority to impose new or
different regulations to the extent required by a serious threat to public health and safety.
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8 DEVELOPMENT STANDARDS.
8.1 Permitted Uses and Density Standards; Zoning.
The Master Plan, permitted land uses, and development regulations for development within the Property are set forth in chapter 17.60 of the Jefferson County Code, attached as Appendix A. Development of the Property shall not exceed 890 residential units, 56,608 square feet of commercial space and indoor and outdoor recreational spaces when
completed at full build out.
8.2 Planning Goals and Objectives.
The planning goals adopted by the County in the Comprehensive Plan as of the date of recording this Agreement shall be the policy guidance and the foundation for all future development of the Pleasant Harbor MPR.
8.3 Stormwater Standards.
8.3.1 Stormwater Subject to Best Management Practices and the County’s Stormwater Management Requirements.
In all future development within the Pleasant Harbor MPR the Developer shall utilize best management practices (“BMP”) and be subject to the County Stormwater
Management requirements, JCC 18.30.070. A copy of JCC 18.30.070 is attached in
Appendix B.
8.3.2 Stormwater Management in Public Roads, Rights-of-Way and Easements.
The County shall be responsible for the management of stormwater runoff in all public roads, rights-of-way, and easements within the Pleasant Harbor MPR that have been
accepted by the County for maintenance or other areas within the Pleasant Harbor MPR
dedicated to the County. The Developer shall be responsible for the management of stormwater runoff in all other public areas within the Pleasant Harbor MPR as may be necessary to control stormwater runoff as required by Ordinance 01-0128-08, Condition 63(q).
8.3.3 Stormwater Management in Private Rights-of-Ways
The Developer shall be responsible for the management of stormwater runoff in all private rights-of-ways and other non-public areas such as parking lots or drainage easements, as may be necessary to control stormwater runoff as required by Ordinance 01-0128-08, Condition 63(q).
8.4 Critical Area Standards
Critical areas and their associated buffers, as well as allowed uses within the critical areas of the Pleasant Harbor MPR shall be determined based upon the Jefferson the County
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Critical Area requirements, Chapter 18.22 JCC. A copy of Chapter 18.22 JCC is attached
in Appendix C.
8.5 Land Division Standards
Platting within the Pleasant Harbor MPR shall be pursuant to RCW 58.17 and the County Land Division requirements, Chapter 18.35 JCC, and within the time frames adopted by the County pursuant to the 1995 Regulatory Reform Legislation, ESHB 1724 (ch. 347,
Laws of 1995), as codified in Permit Application and Review Procedures/SEPA
Implementation, Chapter 18.40 JCC, and vested in accordance with RCW 36.70B.180. A copy of Chapter 18.35 JCC and is attached in Appendix D and a copy of Chapter 18.40 JCC is attached in Appendix E.
8.6 Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the County
Shoreline Master Program, Chapter 18.25 JCC. A copy of the applicable Shoreline Master Program requirements are attached as Appendix F.
8.7 Additional Development Standards.
Additional Development Standards as identified in Chapters 12.05, 12.10, and 18.30 JCC
shall also apply to the extent they do not conflict with the terms of this Agreement. A
copy of Chapters 12.05, 12.10, and 18.30 JCC are attached in Appendix G.
8.8 Compliance with Ordinance 01-0128-08.
As conditions to designating the Property as a master planned resort per Ordinance 01-0128-08, the County requires the Developer implement the following requirements:
8.8.1 Condition 63(e).
The Developer shall advertise and give written notice at libraries and post offices in East Jefferson County and recruit locally to fill opportunities for contracting and employment, and will prefer local applicants provided they are qualified, available, and competitive in terms of pricing.
8.8.2 Condition 63(f).
The Developer shall prioritize the sourcing of materials from within Jefferson County to develop the Pleasant Harbor MPR. Nothing in this Section 8.8.2 shall require that developer utilize materials or labor from within Jefferson County that are not of comparable price or quality to their counterparts outside of Jefferson County.
8.8.3 Condition 63(k).
The Developer prepared a Cultural Resources Management Plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits;
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and during construction to maintain site integrity, provide procedures regarding future
ground disturbing activity, assure traditional tribal access to cultural properties and
activities, and to provide for community education opportunities. Developer shall implement the Cultural Resources Management Plan attached in Appendix Q.
8.8.4 Condition 63(l).
Developer prepared a Wildlife Management Plan focused on non-lethal strategies
developed in the public interest and in consultation with the State of Washington
Department of Fish and Wildlife (“WDFW”) and local tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub-Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S. Hwy 101, to reduce the conflicts resulting from wildlife foraging on high-value
landscaping and attraction to fresh water sources, to reduce the dangers to predators
attracted to the area by prey or habitat, and to reduce any danger to humans. Developer shall implement the Wildlife Management Plan attached in Appendix P.
8.8.5 Condition 63(p).
The Developer shall provide access to the water system by any neighboring parcels if salt
water intrusion becomes an issue for neighboring wells on Black Point where it is proven
that the Developer draw down of potable water has caused the salt water intrusion, and reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding. A Neighborhood Water Policy Plan is attached in Appendix O. The Developer will implement the Neighborhood Water Policy
Plan.
8.8.6 Condition 63(r).
The Developer prepared a comprehensive Water Quality Monitoring Plan specific to Pleasant Harbor requiring water collection, testing and an adaptive management program. The monitoring plan shall be funded by a yearly reserve, paid for by the Developer and
will include regular offsite sampling of pollution, discharge, and/or contaminant loading,
in addition to any onsite monitoring regime. The Developer will implement the Water Quality Monitoring Plan attached in Appendix N.
8.8.7 Condition 63(s).
To ensure that natural greenbelts and buffers are maintained and protected, a
conservation easement attached in Appendix M will be recorded within 15 days of the
effective date of this Agreement. The Developer will implement the Vegetation Management Plan attached in Appendix L. The Developer shall, prior to site disturbance, record a conservation easement protecting any wetlands and their respective buffers identified or created on the Property.
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8.8.8 Condition 63(t).
The Developer shall conduct ongoing monitoring and maintain an inventory regarding
Tunicates and other invasive species. A Tunicate Agreement is attached in Appendix R. The Developer will implement the Tunicate Agreement.
8.8.9 Condition 63(x).
The Developer shall use the LEED Shadowing (Leadership in Energy and Environmental
Design) and “Green Built” green building rating system standards. These standards,
applicable to commercial and residential dwellings respectively, “promote design and construction practices that increase profitability while reducing the negative environmental impacts of buildings and improving occupant health and well-being.” A Narrative Demonstrating Compliance with the Intent of LEED Standards is attached in
Appendix T. The Developer will implement LEED Shadowing Standards, but is not
required to register with LEED or obtain LEED certificates or approvals.
8.8.10 Condition 63(z).
The Developer shall use the International Dark Sky Association (“IDA”) Zone E-standards for the MPR. These standards are recommended for “areas with intrinsically
dark landscapes” such as national parks, areas of outstanding natural beauty, or
residential areas where inhabitants have expressed a desire that all light trespass be limited. Dark Sky and Energy Star Approved High Efficiency Lighting Standards is attached in Appendix S. The Developer will implement the Dark Sky and Energy Star Approved High Efficiency Lighting Standards.
8.9 The Pleasant Harbor MPR Water Service.
Water main extensions and potable water system improvements for potable water service that may be required to serve the Pleasant Harbor MPR shall be installed in conformance with the most current approved specifications and requirements as determined by the Washington State Department of Health and shall comply with the Coordinated Water
System Plan (“CWSP”) and all other applicable laws, ordinances, rules and regulations.
A copy of the applicable CWSP is attached in Appendix H.
8.10 The Pleasant Harbor MPR Wastewater Treatment Plan.
Sanitary and on-site sewer and future sewer system improvements as required to serve the Developers Property shall be installed in conformance with the most current approved
specifications and requirements of the Washington State Department of Health,
Washington State Department of Ecology and the County Department of Public Health and all other applicable laws, ordinances, rules and regulations.
8.11 Memoranda of Understanding.
As a condition to designating the Property as a master planned resort, the County
required that the Developer negotiate memoranda of understanding or memoranda of
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agreement to provide needed support for law enforcement services, the Brinnon schools,
Fire District No. 4 and emergency medical services to mitigate for the potential impacts
associated with development of the Pleasant Harbor MPR.
RCW 36.70A.360(4)(e) provides that a master planned resort is authorized only if on-site and off-site infrastructure and impacts are fully considered and mitigated. In part, the memoranda of understanding (“MOUs”) are written to address this requirement.
The parties secured the following MOUs:
8.11.1 School Services Mitigation.
School services to the Pleasant Harbor MPR are provided by the Brinnon School District. Mitigation for school services associated with development of the Pleasant Harbor MPR, if any, shall be implemented by the Developer as set forth in the MOU attached as
Appendix J-1.
8.11.2 Fire and EMS Services Mitigation.
Jefferson County Fire District No. 4 will provide Fire and EMS services within the Pleasant Harbor MPR. Mitigation for Fire and EMS services associated with development of the Pleasant Harbor MPR, if any, shall be implemented by the Developer
as set forth in the in the MOU attached as Appendix J-2.
8.11.3 Law Enforcement Services Mitigation.
The County will provide law enforcement services within the Pleasant Harbor MPR. Mitigation for law enforcement services associated with development of the Pleasant Harbor MPR shall be implemented by the Developer as set forth in the MOU attached as
Appendix J-3.
8.11.4 Transportation Services Mitigation.
Public transportation services to the Pleasant Harbor MPR are provided by Jefferson County Transit. Mitigation of transportation services associated with development of the Pleasant Harbor MPR shall be implemented by the Developer as set forth in the in the
MOU attached as Appendix J-4.
8.11.5 Healthcare Services Mitigation.
Mitigation for health care services associated with development of the Pleasant Harbor MPR shall be implemented by the Developer as set forth in the MOU attached as Appendix J-5.
8.11.6 Housing Mitigation.
The Developer shall comply with Ordinance 01-0128-08, Condition 63(g) related to affordable housing. This will include but not be limited to the staff housing mitigation
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associated with development of the Pleasant Harbor MPR, if any, which shall be
implemented by the Developer as set forth in the MOU attached as Appendix J-6.
8.11.7 Parks and Recreation Mitigation.
The County, the State and the United States provide areas for parks and recreation in the vicinity of the Property. Parks and Recreation mitigation associated with development of the Pleasant Harbor MPR shall be implemented by the Developer pursuant to applicable
state and local law as set forth in the MOU attached as Appendix J-7.
8.11.8 MOUs Satisfy Condition 63(c) of Ordinance No. 01-0128-08.
The County agrees that the MOUs listed in this Section 8.11 satisfy condition 63(c) of Ordinance No. 01-0128-08 and adequately mitigate impacts for the proposed development of the Pleasant Harbor MPR. No additional mitigation will be required,
except as provided in Section 9.2.4.
9 STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY COUNTY.
9.1 County Processing and Review.
The review and approval of proposed development applications proposed by the
Developer for the Property shall be pursuant to the Pleasant Harbor MPR Zoning Code
(Appendix A) and the County’s Permit Application and Review Procedures/SEPA Implementation, Chapter 18.40 JCC, which is attached in Appendix E.
9.2 SEPA Compliance.
9.2.1 Environmental Impact Statement.
The parties acknowledge that potential environmental impacts from future development
of the Pleasant Harbor MPR have been assessed and addressed in prior environmental documents. The prior reviews were published in the following documents:
• Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf
Resort (September 5, 2007) (“DFEIS”);
• Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement (November 27, 2007) (“FEIS”);
Pursuant to Condition 63(b) of Ordinance 01-0128-08, the County required a
supplemental impact statement on the planned final configuration of the MPR, and the systems designed to address the conditions and environmental consequences of the MPR as identified in the FEIS (Chapter 5) and Conditions 63(a)-(dd) in Ordinance 01-0128-08.
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9.2.2 Supplemental Environmental Impact Statement.
The Supplemental Environmental Impact Statement was published in the following
documents:
• Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort November 19, 2014 (“DSEIS”);
• Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement December 9, 2015 (“FSEIS”).
9.2.3 Substantial Compliance with Environmental Impact Statements and
Supplemental Environmental Impact Statements Required.
The FEIS, DSEIS and FSEIS are referred to collectively as the “Prior EISs.” Development shall substantially comply with the express mitigation measures imposed pursuant to the Prior EISs.
9.2.4 Future SEPA Review for Individual Projects.
The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as
well as Condition 63(b) of Ordinance 01-0128-08, for all subsequent approvals or permits to develop the Pleasant Harbor MPR consistent with this Agreement, including, but not limited to, plats, short plats, binding site plans, boundary line adjustments, development permits, grading permits and building permits. Except as provided in this Section 9.2.4,
no further environment impact statements are required, and no additional substantive
SEPA mitigation measures are required for approvals or permits that authorize development that is consistent with level and range of development analyzed in the Prior EISs.
The County may require additional environmental analysis for a new or modified
proposal that materially exceeds the level and range of development reviewed in the Prior
EISs. For any such new or modified proposal, relevant information from Prior EISs shall be used to the fullest extent possible in future SEPA review. The scope of environmental review shall be limited to considering how or whether the proposal differs from or exceeds the scope of the Prior EISs and if so, whether such modification results in
potentially significant adverse environmental impacts that have not been adequately
addressed in the Prior EISs.
Nothing in this Section 9.2.4 shall release the Developer or its successors, successors in title, or assignees from complying fully with the terms of the Pleasant Harbor MPR Comprehensive Plan Amendment, Ordinance 01-0128-08 (Appendix K), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor construction.
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9.3 Vesting of Development Standards.
9.3.1 Scope of Vesting.
To the fullest extent allowed by RCW 36.70B.180, all development proposed on the Property shall be vested to and governed by the terms of this Development Agreement, the Pleasant Harbor MPR chapter of the Jefferson County Zoning Code, and the Unified Development Code, now codified at Title 18 of the Jefferson County Code including, but
not limited to, those code standards attached to this Agreement effective on the date of
this Agreement and attached as Appendices A-I).
9.3.2 Vesting Period.
The vesting period shall be the same as the build-out period in Section 2.3. Except as otherwise provided in Section 9.3, any new or different development standards adopted
by the County during the term of this Agreement shall not apply to the Property.
9.3.3 Default Standards and Requirements.
To the extent this Agreement does not establish standards or requirements covering a subject, element or condition, then the development approval sought shall vest to and be governed by the County codes, regulations and standards in effect upon the date of
complete application. The development standards identified in this Agreement shall
apply to the Property for the term of this Agreement, except: The Board of County Commissioners reserves the authority to modify one or more of the standards or requirements of development for the Pleasant Harbor MPR during the term of the Agreement, to avoid a serious threat to public health or safety, as provided in RCW
36.70B.170 and JCC 18.40.840(3)(d).
9.3.4 State and Federal Law.
This Agreement does not relieve the Developer of any obligations to comply with state or federal laws or regulations of any kind including but not limited to those laws or regulations related to Native American treaty rights, endangered species, or stormwater.
9.3.5 Building Codes.
Jefferson County Code Title 15, The International Building Code and International Fire Code in effect in the State of Washington as of the date of filing of a complete application for a building permit shall apply to all new development.
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10 PHASING.
10.1 Phasing Plan.
10.1.1 Phases Proposed.
Pleasant Harbor MPR is a planned resort that is capable of being developed in independent and severable components or “phases.” 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. A phasing
plan (consisting of three phases) for development of the Pleasant Harbor MPR (reviewed as part of the SEIS) is attached as Exhibit 4. Each phase may further be broken down into discrete sub-phases as conditions dictate, but each primary phased must be constructed in the order set forth below.
10.1.2 Requirement of Adequate Infrastructure, Open Space, Recreational
Facilities, Landscaping and Other Conditions Sufficient for Each Phase to Stand Alone.
JCC 18.15.135 requires that if a master planned resort will be phased, each phase must contain adequate infrastructure, open space, recreational facilities, landscaping and all
other conditions of the Pleasant Harbor MPR sufficient to stand alone if no subsequent
phases are developed. The Developer will comply with JCC 18.15.135 and will complete or bond all necessary infrastructure to support a phase or sub-phase sufficient for each phase or sub-phase to stand alone, prior to obtaining approval for a subsequent phase.
10.1.3 Phase 1.
Phase 1a consists of site clearing and grading for golf course, road network, building
footprints, and Kettle B. Commence road construction with services and begin implementation of the vegetation management plan. Create construction materials processing location on the golf course site.
Phase 1b consists of construction of the LOSS drainfield (wastewater treatment plant
back up system), water storage tank with distribution piping at Tee 5, transit stop, construct sanitary sewer pump stations, Sea View Villas (170 units), Golf Vistas (32 units) and utility district.
10.1.4 Phase 2.
Phase 2a consists of completion of the golf course and Half-way house (adjacent to
fairway 5), develop the new, additional well, Kettle C: supplementary replacement to Kettle B, construct maintenance building and 52 units for staff quarters. Phase 2b consists of construction of the Golf Terrace Recreation Center and Conference
center/spa (208 units).
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10.1.5 Phase 3.
Phase 3a consists of construction of the Maritime Village building consisting of 66 units
and 21,000 square feet of commercial. Construct Highway 101 and Black Point Road intersection improvements, reconstruct Black Point Road and construct new access road to WDFW boat launch.
Phase 3b consists of construction of the Golf Terraces 2, 3, and 4 (330 units),
construction of Sea View Villas (14 units) and Golf Vistas (16 units). Complete utility district for the resort.
10.2 Preliminary Facilities.
In addition to the facilities specifically described in Section 10.1 each Phase must design
adequate preliminary facilities to service the phase. Preliminary facilities are those
preliminary facilities or improvements that must be approved and installed in concert with the development of each phase. The preliminary facilities include the following:
10.2.1 Water System.
A water system with sufficient water rights to serve the phase or sub-phase under review
and approval.
10.2.2 Wastewater Treatment System.
A sewer system with sufficient capacity to accommodate the waste discharge for the phase or sub-phase under review and approval.
10.2.3 Road Network.
A road network to accommodate the phase or sub-phase under review and approval.
10.2.4 Landscaping.
Landscaping for the phase or sub-phase under review and approval.
10.2.5 Parking.
Associated parking for the phase or sub-phase under review and approval.
10.2.6 County Approval of Preliminary Facilities Required.
The County’s approval of a phase or sub-phase, whether by preliminary plat or other process, shall require approval of preliminary facilities for the entire phase. The Developer may construct preliminary facilities for each lot or tract in conjunction with development of that lot or tract. A final plat for a phase may be recorded by lot or tract
provided all of the preliminary facilities necessary to serve the lot or tract are complete
and the specific development requirements within each lot or tract are complete.
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10.3 Public Amenities and Access.
Public amenities and access are those facilities and improvements that provide resort
related activities and services. The Pleasant Harbor MPR shall, at a minimum, shall contain the following resort amenities (1) a 9-hole golf course; (2) spa services; (3) sports courts; (4) pool; and (5) water slides. These amenities shall be completed consistent with completion of the phase in which the amenity is proposed and made available to members
of the general public for a fee to be established by the Developer.
11 INDEMNITY.
11.1 Indemnified Claims.
The indemnified claims are:
(a) Claims for costs, losses, damages or expenses as a result of the County’s
approval of this Agreement and the Developer’s or the Developer’s contractors, agents or employees operations under this Agreement including, but not limited to, claims that this Agreement violates treaty rights of tribes;
(b) Claims based on the Developer’s negligence; and,
(c) Claims based on the breach of any of the Developer’s obligations under this Agreement.
As used in this Agreement the term “indemnified claim(s)” means the claims listed in this Section 11.1.
11.2 The Developer’s Obligations.
11.2.1 Scope.
The Developer shall defend, indemnify and hold the County, and its elected officials and employees harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or
equity arising in whole or in part, directly or indirectly, from any indemnified claims.
The County retains the right to provide additional counsel for the County’s defense at the County’s sole expense to assist counsel paid for by the Developer or to monitor any indemnified claim.
11.2.2 No Waiver of RCW 4.96.020 by the Developer.
The Developer shall not attempt to waive the requirements of the filing of a pre-suit
claim against the County under RCW 4.96.020.
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11.2.3 Cooperation.
The Developer and County shall cooperate with each other in the defense of any
indemnified claims. The Developer shall not file any pleadings or motions or take any position with a court, government agency or hearing officer without first consulting with the County. Developer retains sole discretion to pursue defense of Indemnified Claims in any means it deems appropriate, but cannot take positions on behalf of the County
without the County’s consent.
11.2.4 Best Efforts to Obtain Release of the County.
If the Developer settles any indemnified claim, the Developer will use its best efforts to obtain a release of the indemnified claim for the County, and its elected officials and employees.
11.2.5 Claims against Both the County and the Developer.
The Developer wishes to avoid the expenses of a separate defense of both it and the County should any person assert an indemnified claim against both the Developer and the County. Accordingly, the Developer agrees to provide joint counsel to represent both the Developer and the County at the Developer’s sole expense when indemnified claims are
made against both the County and the Developer. However, the County retains the right
to substitute its own counsel in place of joint counsel at the County’s sole expense or to provide additional counsel at the County’s sole expense to assist counsel paid for by the Developer or to monitor any indemnified claim.
11.2.6 The Developer is the Real Party in Interest.
For any indemnified claim where the Developer is required to provide the County a
defense pursuant to Section 11, the Developer shall make it clear that it is the real party in interest on any indemnified claims made against the County and that: (i) Any positions the Developer takes in defending the indemnified claims are the positions of the Developer and not the County; and, (ii) Any positions the Developer takes in defending
the indemnified claims are not necessarily the positions the County would take if it were
the real party in interest.
11.3 The County’s Obligations.
11.3.1 Notice.
The County shall provide notice to the Developer of any indemnified claim it receives
within fourteen days of receipt of such claim. For the avoidance of doubt, the notice
required under this Section 11.1.3 includes notice of any pre-suit claim presented to the County under RCW 4.96.020.
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11.3.2 Cooperation.
The County shall cooperate with the Developer in the defense of any indemnified claims.
The County shall not file any pleadings or motions or take any position with a court, government agency or hearing officer without first consulting with the Developer.
11.3.3 Consent to Counsel Selected by the Developer.
The County may consent to the representation by counsel selected by the Developer and
provide appropriate waivers of conflicts of interest to counsel selected by the Developer.
Provided, however, that if the County refuses to consent or to provide appropriate waivers of conflicts of interest, the Developer may suspend performance of the indemnity obligations under this Section 11.
11.4 Limitations.
11.4.1 No Indemnity for Claims Other than Indemnified Claims.
Nothing in this Section 11 shall require the Developer to indemnify, hold harmless, or defend the County from claims, demands or suits based on claims against the County that are not indemnified claims and are based solely upon the conduct of the County, its elected officials, employees and agents.
11.4.2 Claims Based on Comparative Fault.
If the claims or suits are caused by or result from the comparative fault of: (i) the Developer’s agents or employees; and, (ii) the County, its elected officials, employees and agents, this indemnity provision with respect to claims or suits based upon such comparative fault, then the claims shall be treated as claims against both the County and
the Developer under Section 11.2.6 until a final, enforceable judgment is entered. After a
final, enforceable judgment is entered, the Developer and the County shall each be responsible for their shares of the final, enforceable judgment.
12 GENERAL PROVISIONS.
12.1 Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws and
regulations of the State of Washington, as if applied to transactions entered into and to be performed wholly within the State of Washington between residents of the State of Washington. No party shall argue or assert that any law other than Washington law applies to the governance or construction of this Agreement.
12.2 Binding on Successors.
This Agreement shall be binding upon and inure to the benefit of the successors, successors in title and assigns of the Developer and upon the County.
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12.3 Assignment.
12.3.1 Right to Transfer, Consent of the County Not Required.
The parties acknowledge that development of the Pleasant Harbor MPR may involve sale and assignment of portions of the Property to other persons who will own, develop and/or occupy portions of the Property and buildings thereon. The Developer shall have the right to assign or transfer all or any portion of the respective interests, rights or
obligations under this Agreement or in the Property to other parties acquiring an interest
or estate in all or any portion of the Property, including transfer of all interests through foreclosure (judicial or non-judicial) or by deed in lieu of foreclosure, provided transferee agrees to assume all obligations of the Developer under this Agreement. Consent by the County shall not be required for any transfer of rights pursuant to this Agreement.
12.3.2 Obligations of the Developer and Transferee under this Agreement.
Upon the transfer or assignment under this Section 12.3 and the transferee’s assumption of all obligations of the Developer under this Agreement, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement pertaining to the property transferred or assigned, and the Developer shall be released of liability
under this Agreement for the property transferred or assigned, but shall retain liability for
any breach which occurred prior to the transfer of rights to another party and for those portions of the Property still owned by the Developer.
12.4 Release of the Developer’s Liability by Assignment.
12.4.1 Transfer and Assumption of All Obligations Under this Agreement
Required.
The Developer shall be released of all liabilities and obligations under the Agreement if: (a) The Developer provides notice to the County of an Assignment of the Agreement; and,
(b) The transferee has assumed in writing the all the obligations of this
Agreement.
12.4.2 Results of Effective Assignment.
If the conditions for release are met under this sub-section, then from and after the date of transfer, the Developer shall have no further liability or obligation under the Agreement,
and the assignee shall exercise the rights and perform the obligations of the Developer
under the Agreement for that portion of the Property acquired by the successor or assign.
12.4.3 Effect of Partial Assignment.
The parties acknowledge that the Developer may transfer or assign title to a portion of the Property in any manner consistent with this Agreement. Should the transfer or
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assignment of title relate to only a portion of the Property, then the release of liability
pursuant to this paragraph shall only apply to acts or omissions arising from or related to
the portion of the Property being assigned or transferred.
12.5 Recording as a Covenant Running with the Land.
This Agreement shall be recorded with the County Auditor against the Property as a covenant running with the land and pursuant to RCW 36.70B.190 shall be binding on the
Developer, its successors, successors in title and assigns during its Term. The parties
agree that the appendices need not be recorded.
12.6 Release as to Residential Development.
Upon the approval of a final plat, a condominium declaration or other approved land division in compliance with this Agreement that relates to residential development of the
Property, then there shall be executed and recorded with the County Auditor a release
from this Agreement with respect to that particular and specific parcel or parcels of real property that received final plat approval, filed a condominium declaration or was the subject of other approved land division. Residential development on the parcel or parcels released pursuant to this subsection shall continue to be subject to the
requirements of the development regulations listed in Sections 7 and 8.1.
12.7 Severability.
If any provision of this Agreement is determined by a court of law to be unenforceable or invalid, then the remainder of the Agreement shall remain in full force and effect. Further, as to those provisions held by a court of law to be unenforceable, the parties shall
confer and agree to amend the Agreement to implement the mutual intent of the parties to
the maximum allowed by law.
12.8 Amendment.
This Agreement shall not be amended without the express written approval of the County and the Developer (or its successors, successor in title and assigns with respect to the
property in which they have an interest). The Board of County Commissioners must
approve all amendments to this Agreement by ordinance or resolution and only after notice to the public and a public hearing.
12.9 Headings.
The headings in this Agreement are inserted for reference only and shall not be construed
to expand, limit or otherwise modify the terms and conditions of this Agreement.
12.10 Dispute Resolution.
In the event of any dispute relating to this Agreement, all parties upon the written request (to be titled “Notice of Dispute”) of any other party, shall meet within the five (5) business days to seek in good faith to resolve the dispute. The County shall send a
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20
department director or the qualified lead planner and other persons with information
relating to the dispute, and the Developer shall send an owner’s representative and any
consultant or other person with technical information or expertise related to the dispute. If the parties are unable to reach amicable resolution of a dispute within thirty (30) days of the written Notice of Dispute issued by one of the parties, the parties agree that they will immediately identify a mediator and participate in mediation in good faith. The
selected mediator shall have documented experience and expertise in Washington land
use law. The parties agree to work cooperatively to select a mediator with land use and real estate experience. Each party will identify and propose to the other party three potential mediators. Between the proposed mediator lists, the parties will select a mutually agreeable mediator to resolve the dispute. The mediation shall be completed
within 90 days of the original written Notice of Dispute by one of the parties. If the
parties are unable to reach a resolution following timely mediation, each party reserves the right to seek resolution and pursue remedies available under this Agreement and at law. The parties agree that the cost of mediation pursuant to this paragraph shall be borne equally by the parties to this Agreement. The parties may agree in writing to
extend any deadline or time frame listed in this Section 12.10.
12.11 Default and Remedies.
No party shall be in default under this Agreement unless it has failed to perform a material provision under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of
the alleged default and the manner in which the default may be cured satisfactorily. If the
nature of the alleged default is such that it cannot be reasonably cured with the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including
without limitation damages, specific performance or writs to compel performance or
require action consistent with this Agreement. In recognition of the possible assignment and sale of portions of the Property (see Section 12.3) any claimed default shall relate as specifically as possible to the portion of the Property involved and any remedy against any party shall be limited to the extent possible to the owners of such portion of remedies
which do not adversely affect the rights, duties or obligations of any other non-defaulting
owner of portions of the Property under this Agreement. Each party to this Development Agreement shall be solely responsible for the costs they incur with respect to asserting or defending against any dispute, alleged default or civil lawsuit.
12.12 No Third Party Beneficiaries.
This Agreement is made and entered into for the sole protection and benefit of the parties
hereto and their successors in title and assigns. No other person shall have any right of action based upon any provision of this Agreement.
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12.13 Construction.
This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement.
12.14 Signature in Counterparts.
Separate copies of this Agreement may be signed by each of the parties and this
Agreement will have the same force and effect as if the original had been signed by all
the parties.
12.15 Notice.
All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing deposited in
the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as
follows:
To the County: Director Jefferson County Department of Community Development 621 Sheridan Street
Port Townsend, WA 98368
cc: Board of County Commissioners P.O. Box 1220 Port Townsend, WA 98370
Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98370
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To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann Statesman Group of Companies Ltd. 9300 E. Raintree Drive, Suite 100 Scottsdale, Arizona 85269
cc: John T. Cooke
Houlihan Law 100 N. 35th St. Seattle, WA 98103
12.16 Estoppel Certificates.
Within 30 days following any written request that any party or a mortgagee may make
from time to time, the other party shall execute and deliver to the requesting person a statement certifying that: (a) this Agreement is in full force and effect, and stating any formal amendments to the Agreement; and, (b) to the best of the knowledge of the certifying party, no notice of default has been sent and no notice of violation of
applicable laws has been issued regarding the project; and any other reasonably request
information. Failure to provide a timely response to the requesting party shall be deemed conclusive evidence that the Agreement is unmodified and in full force and effect and that no notices of default or violation have been issued. Issuance of estoppel certificates is an administrative matter within the County. The County shall have no liability to the
requesting party if it provides an estoppel certificate in good faith and with reasonable
care.
12.17 Cooperation.
The parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The parties agree to take further actions and
execute further documents, whether jointly or within their respective powers and
authority, to implement the intent of this Agreement.
12.18 Voluntary Undertaking.
This Agreement is entered into voluntarily and without any coercion by or undue influence on the part of any person, firm or corporation.
12.19 No Waiver.
No waiver by any party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, or a waiver of any subsequent breach, whether of the same or a different provision of this Agreement.
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12.20 No Private CCR Enforcement by the County.
The parties acknowledge and agree that nothing in this Agreement shall alter, infringe
upon, modify, change, limit or restrict the ability or powers of the existing neighborhood, tract or subdivision property owner or lot owner associations from enforcing, interpreting and utilizing any and all covenants, conditions or restrictions that pre-exist this Agreement or covenants, conditions or restrictions recorded with the County Auditor
after the effective date of this Agreement.
The parties further acknowledge and agree that the County bears no responsibility for the enforcement, interpretation or resolution of any dispute, filing, grievance, complaint or appeal that might arise as a result of recorded covenants, conditions or restrictions relating to tracts, subdivisions, lots or parcels within the Pleasant Harbor MPR.
12.21 Entire Agreement.
This Development Agreement consists of the Resolution approving the Agreement, the Agreement, Exhibits 1-4, and Appendices A-T. This Agreement constitutes the entire agreement between the parties relating to this subject matter. There are no other agreements, oral or written, except as expressly set forth herein. Except as specifically
provided in this Agreement, this Agreement supersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral.
12.22 No Assignment.
The Developer represents, warrants and agrees that it has not assigned, transferred, conveyed, encumbered or in any manner otherwise disposed of all or any portion of the
Property or any rights, obligations, or interests of any nature or kind whatsoever covered
by this Agreement, whether before or after they occurred, regardless of whether they have occurred as of the date of this Agreement.
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13 REPRESENTATIONS AND WARRANTIES.
Each of the parties represents and warrants that:
(a) Each is fully authorized to enter into this Agreement;
(b) Each has taken all the necessary actions to duly approve the making and performance of this Agreement and that no further approval is necessary;
(c) Each has read this Agreement in its entirety and knows the contents of this
Agreement;
(d) The terms of this Agreement are contractual and not mere recitals; and,
(e) Each have signed this Agreement having obtained the advice of legal counsel.
(SIGNATURES FOLLOW ON NEXT PAGE)
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Signatures
JEFFERSON COUNTY Jefferson County Board of County Commissioners
By _____________________________ Chair, Kathleen Kler Date: _____________________________
By _____________________________ Member, David Sullivan Date: _____________________________
By _____________________________ Member, Kate Dean
Date: _____________________________
APPROVED AS TO FORM:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Date: __________________________ Patricia L. Charnas Director of Community Development Date: __________________________
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PLEASANT HARBOR MARINA AND GOLF RESORT, LLP
By:_____________________________ M. Garth Mann
Its: Manager
Date: _____________________________
Acknowledgement
STATE OF WASHINGTON ) ) ss
COUNTY OF __________________)
On this _____ day of ___________________, 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Melvin G. Mann, to me known to be the person who signed as
manager of Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited
liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the limited liability company and that he was
authorized to execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
Dated this _____ day of __________________, 2017.
(Signature of Notary)
(Print or stamp name of Notary) NOTARY PUBLIC in and for the State
of Washington, residing at .
My Appointment Expires:
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Exhibit 1
(LEGAL DESCRIPTION – CONTAINED ON THE FOLLOWING PAGES)
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties described below, excluding only that potion of any parcel lying westerly of US 101, and
together with leased tidelands supporting the Pleasant Harbor Marina; all as illustrated at
Figure 1-5, page 1-4 of the Brinnon Master Planned Resort FEIS issued November 27, 2008.
Parcel A APN 502153002
The Northeast ¼ of the Southwest ¼ of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through, across and over the following described property:
Beginning at the Southeast corner of the Southwest ¼ of the Northwest ¼ of said Section 15;
thence run West, along the South line of said Southwest ¼ of the Northwest ¼,
approximately 175 feet to the Southerly line of Black Point County Road; thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line when measured at right angles; thence East, parallel to said South line, to the East line of said Southwest ¼ of the
Northwest ¼;
thence South 30 feet to the point of beginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East ½ of the Northwest ¼ of the Southwest ¼ of Section 15, Township 25 North, Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereof, lying within a strip of land conveyed to the State of
Washington, for State Road No. 9, Duckabush River-North Section , by deed dated
August 28, 1933, and recorded under Auditor’s File No. 70817, records of Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
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Parcel C APN 502153023
Those portions of Sections 15 and 22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest ¼ of the Southeast ¼ and Government Lot 7 of said Section 15, and Government Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest ¼ of the Southeast ¼, and East of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Government Lot 7, lying Southerly of the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
situate in front of, adjacent to and abutting upon the West ½ in width of said Government
Lot 2, in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor’s File No. 223427, records of said County;
Except that portion described as follows:
That portion of the Northwest ¼ of the Southeast ¼ of Section 15, Township 25 North, Range 2 West, W.M., described as follows:
Beginning at a point of intersection of the East line of the Northwest ¼ of the Southeast
¼ and the Southerly margin of the Black Point Road; thence South along the said East line, a distance of 300 feet; thence West 350 feet; thence North to the point of intersection with the Southerly margin of the Black Point
Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington.
Parcel E APN 502152005
That portion of the Southwest ¼ of the Northwest ¼ of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
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A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway 101;
Except the right of way for Black Point Road as conveyed to Jefferson County by deed recorded under Auditor’s File Nos. 223427 and 410399, records of Jefferson County, Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest corner of Government Lot 3;
thence North 88° 23’ 07” West 308.14 feet to the Southeasterly right of way of State Highway No. 101, and the true point of beginning; thence Southwesterly along said Highway, 117 feet,
thence South 88° 23’ 07” East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest ¼ of the Northwest ¼, 100 feet West of said high tide line;
thence North 88° 23’ 07” West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records of Jefferson County, Washington, being a portion of Section 15, Township 25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records of Jefferson County, Washington, being a portion of Section 15, Township 25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records of Jefferson County, Washington, being a portion of Section 15, Township 25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
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Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 to 223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of Jefferson County, Washington,
Except that portion of Lot 1 described as follows:
That portion of Government Lot 3 abutting second class tidelands in Section 15,
Township 25 North, Range 2 West, W.M., Jefferson County, Washington, being more
particularly described as follows:
Commencing at the North ¼ corner of Section 15, Township 25 North, Range 2 West, W.M., Jefferson County, Washington;
thence South 88° 13’ 42” East along the North line of said Section 15 for a distance of
364.50 feet to the point of beginning;
thence continuing South 88° 13’ 42” East 238.76 feet to the line of mean high tide;
thence South 61° 12’ 00” West along the line of mean high tide 34.78 feet;
thence North 40° 41’ 54” West along the line of mean high tide 3.31 feet;
thence South 62° 36’ 19” West along the line of mean high tide 26.83 feet;
thence South 87° 54’ 36” West 166.65 feet;
thence North 21° 21’ 05” West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10, records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County, Washington, described as follows:
The East 345.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the
North line thereof;
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Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 520.00 feet less the East 345.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation of the East line of said East 345.00 feet.
Situate in the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest ¼ of the Southeast ¼ of Section 15, and Government Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest ¼ of the Southeast ¼, as measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation of the East line of said East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
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Staff Memorandum: Matrix Discussing Planning Commission Recommended Development Regulations with Staff Recommended Revisions Draft January 5, 2018
1
Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
General Provisions
1 17.60.030
Purpose and
Intent
17.60.030 The purpose and intent of the Pleasant Harbor MPR code is to set forth development regulations that comply with and are consistent with the Jefferson County
Comprehensive Plan for future development within the boundaries of the Pleasant Harbor Master Planned Resort.
17.60.030 The purpose and intent of the Pleasant Harbor MPR Code is to regulate land development uses that comply with and are consistent with the Jefferson County
Comprehensive Plan for future development within the boundaries of the Pleasant Harbor MPR. The Pleasant Harbor MPR provides a mixture of visitor-oriented transient
accommodations, secondary homes, recreation, and supporting commercial facilities.
Staff modified first sentence so that purpose of code is made
clearer; i.e., from “set forth development regulations” to
“regulate land development uses.” Staff inserted a final
sentence that describes the purpose of the Pleasant Harbor
Master Planned Resort (PH-MPR).
2 New Section No language 17.60.040 Master Plan
For the purposes of this Article, the Master Plan for future
development of properties within the Pleasant Harbor MPR is the regulations, along with the conditions and requirements of Ordinance 01-0128-08 and Final Environmental Impact Statements, maps, mitigation measures, phasing plans and the Development Agreement between the County and the Developer.
Staff recommends adding a section entitled “Master Plan”
which defines what is considered the Master Plan for the PH-
MPR. Language in the Planning Commission recommended
version refers to a “Resort Plan.” This section will replace
“Resort Plan” with Master Plan as shown. All future
references to Resort Plan in the PC version have been
changed to Master Plan in the staff recommended version.
3 Additional
Requirements
17.60.040 In addition to the requirements of this title, the
provisions of Title 15 and Title 18 of the Jefferson County
Code shall apply to development in the Pleasant Harbor
MPR. Applications for development within the MPR must be
submitted as provided for in JCC 18.35 Article V, Binding Site
Plans, and all subsequent development within the MPR area
will be subject to the approved binding site plan and as
specified in the terms and conditions of the Development
Agreement between Jefferson County and the Developer.
Deleted Staff recommends deleting this section and replacing with
new/revised Requirements Section in Item 4, below,
4 17.60.060
Requirements
Replaces “Additional Requirements” Any land disturbing activity within the Pleasant Harbor MPR must comply with the development standards and requirements of:
(1) Title 15 and Title 18 of the Jefferson County Code; (2) Conditions and requirements of Ordinance 01-0128-08; (3) The mitigation measures required in the Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement (November 27, 2007) (2007 FEIS), the Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement December 9, 2015 (2015 FSEIS); and
Staff recommends clearly stating that building, site
development and land use in PH-MPR be fully subject to
provisions of existing County code; that all the conditions of
Ordinance 01-0128-08 shall apply; that every mitigation
measure published in the Final Supplemental Environmental
Impact Statement (FSEIS) will be part of permitting and
development applications and that all conditions contained in
the Development Agreement shall be complied with. Finally,
staff inserted the stipulation that if conflicts arise among
conditions that the more restrictive will apply. These are
“Requirements” and they are not “additional requirements.”
Staff Memorandum: Matrix Discussing Planning Commission Recommended Development Regulations with Staff Recommended Revisions Draft January 5, 2018
2
Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(4) The terms and conditions of the Development Agreement entered into between Jefferson County and the Developer.
Where conflicts occur between the provisions of this title and other applicable code provisions, or other regulations, the more restrictive shall apply.
5 17.60.070
Resort Cap
and
Residential
Use
Restrictions
17.80.020 Development cap. The Pleasant Harbor MPR in total shall have a development cap of (intentionally left blank to be determined
by further consultation with the Port Gamble S’Klallam Tribe) residential units provided, however, short term visitor accommodation units shall constitute not less than 65 percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of 56,608 square feet of resort commercial, retail, restaurant and conference space, not including all internal open space.
17.60.070 Resort Cap and Residential Use Restrictions The Pleasant Harbor MPR in total shall have a development cap of 890 residential units provided, however, short term visitor accommodation units shall constitute not less than 65 percent of the total units including, but not limited to hotels, motels, lodges, and any residential uses allowed under each zone.. Short-term rental shall be construed to mean less than 30 days. The Pleasant Harbor MPR in total shall have a development cap of 56,608 square feet of resort commercial, retail, restaurant, and conference space
Staff recommends moving this from a later section up to
General Provisions. Further, staff recommends that PC
recommended verbiage “intentionally left blank” item be
corrected to what is published in Ordinance 01-012-08 and in
the FSEIS to reflect existing, publicly-reviewed and adopted
verbiage.
6 Existing uses
and structures
17.60.070 Pre-existing uses and structures.
Existing legally-permitted, residential and non-residential land uses and structures in all zones of the Master Planned Resort are lawful uses and may be continued in a
manner consistent with state law, Titles 15 and 18 of the Jefferson County Code and any other applicable regulations or Ordinances.
17.60.080 Nonconforming Uses
Existing nonconforming uses in all zones of the MPR are lawful uses and may be continued unless abandoned for a continuous twelve-month period.
17.60.090 Nonconforming Structures
Existing nonconforming structures in all zones of the MPR are lawful uses and may be continued and maintained. Existing
nonconforming structures damaged or destroyed by fire, earthquake, explosion, wind, flood, or other calamity may be completely restored or reconstructed if all of the following
criteria are met:
(1) The restoration and reconstruction shall not serve to extend or increase the nonconformity of the original structure.
(2) The reconstruction or restoration shall, to the extent reasonably possible, retain the same general architectural style as the original destroyed structure, or an architectural style that more closely reflects the character of the surrounding neighborhood.
Staff recommends revisions that are consistent with other
similar verbiage found elsewhere in code and that clearly
spell out provisions for existing uses and structures as they
are to be considered under new zoning and development
standards.
Staff Memorandum: Matrix Discussing Planning Commission Recommended Development Regulations with Staff Recommended Revisions Draft January 5, 2018
3
Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(3) Permits shall be applied for within one year of the damage. Restoration shall be substantially complete within two years of permit issuance.
(4) Expansions or substantial modifications to rebuilt nonconforming structures shall comply with current regulations and codes, except that an existing nonconformity regarding the amount of impervious surface on a site may be
maintained.
7 Exemptions 17.60.060 Exemptions The following structures and uses shall be exempt from the regulations of this title, but are subject to all other applicable local, state and federal regulations including, but not limited to, the county building ordinance, interim critical areas ordinance, the shoreline
management master program, and the State Environmental Policy Act, Chapter 43.21c RCW (SEPA). (1) Wires, cables, conduits, vaults, pipes, mains, valves,
tanks, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water or the collection of sewage, or surface or
subsurface water operated or maintained by a governmental entity or a public or private utility or other county franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground, or above-ground; but only when such facilities are located in a street right-of-way or in an easement. This exemption shall not include above-ground electrical substations, sewage pump stations or treatment plants, or potable water storage tanks or facilities, which shall require conditional use approval in any zone where permitted; (2) Underground utility equipment, mailboxes, bus shelters, informational kiosks, public bicycle shelters, or
similar structure or device which is found by the director of community development to be appropriately located in the public interest;
(3) Minor construction activities, as defined by the IBC, Section 106.2 and structures exempt under Chapter 15.05 JCC, as amended;
(4) Development consistent with the Marina Binding Site Plan approved by the County prior to adoption of this chapter.
17.60.100 Exemptions Only minor construction activities, as
defined by the International Building Code (IBC), Section
106.2 and structures are exempt under Chapter 15.05 JCC,
as amended;
Staff believes that exemptions from code requirements
should be limited to that as proposed by staff. Exemptions as
proposed by the Planning Commission (PC) present conflicts
with other applicable development regulations found in
Jefferson County Code (JCC) Title 18 Unified Development
Code (UDC) (See Staff Comments in item 3 above). Finally,
staff believes that the PC-itemizing exceptions to exemptions
is confusing and potentially difficult to interpret.
Staff Memorandum: Matrix Discussing Planning Commission Recommended Development Regulations with Staff Recommended Revisions Draft January 5, 2018
4
Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
Zones
8 17.65 17.65 Pleasant Harbor Master Planned Resort Residential Recreation and Commercial Zone (MPR-RRC) 17.65 Golf Resort (MPR-GR Zone) Staff recommends the proposed zone title Golf Resort for simplicity.
9 17.65.010
Purpose
The MPR-RRC zone allows residential and recreational facilities, as well as commercial amenities and services associated with the resort and surrounding community. It also allows for the central resort and conference facilities.
The MPR-GR zone provides residential and recreational
facilities, as well as commercial amenities and services
associated with the resort and surrounding community.
Staff returned earlier, more clear language associated with
the MPR-GR Zone
10
17.65.020
Permitted
Uses
(1) Residential uses including single-family and multifamily structures, condominiums, townhouses, apartments, lofts, villas, time-share and other fractionally owned accommodations.
(1) Residential uses including single-family and multifamily structures, condominiums, townhouses, apartments, lofts, villas, time-share, and fractionally owned accommodations.
No change.
(2) Short-term visitor accommodations, constituting not less than 65% of the total residential units authorized by
Ordinance #01-0128-08, including, but not limited to hotels, motels, lodges, and any residential uses allowed under subsection 1 of this section that are made available for short-
term rental. “Short-term rental” shall be construed to mean less than 30 days.
Deleted. Moved to Staff proposed 17.60.070 See comments under item 5, above
(3) Visitor oriented amenities, including, but not limited to (a) conference and meeting facilities; (b) restaurants, cafes, delicatessens, pubs, taverns and entertainment associated with such uses; (c) on-site retail services and businesses
typically found in destination resorts and designed to serve the convenience needs of users and employees of master planned resort; and (d) recreation business and facilities;
(2) Visitor oriented amenities, including, but not limited to:
(a) conference and meeting facilities;
(b) restaurants, cafes, delicatessens, pubs, taverns, and entertainment associated with such uses;
(c) on-site retail services and businesses typically found in destination resorts and designed to serve the convenience needs of users and employees of a master planned resort;
and,
(d) recreation business and facilities;
Staff recommends renumbering per comment above and changing format to an itemized list for easier use and easier referencing.
(4) Cultural and educational facilities of all kinds including, but not limited to, interpretative displays of local Native American ties to and uses of the area, art galleries, and indoor or outdoor theaters;
(3) Cultural and informational facilities including, but not limited to, interpretative displays of local Native American ties to and uses of the area, art galleries, and indoor or outdoor theaters;
Staff recommends renumbering and replacing the word
“educational” with “informational” so that there is no conflict or confusion with references to ‘education’ or ‘educational’ elsewhere in UDC or in Development Agreement (MOU with schools).
Staff Memorandum: Matrix Discussing Planning Commission Recommended Development Regulations with Staff Recommended Revisions Draft January 5, 2018
5
Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(5) Indoor and outdoor resort-related recreational facilities, including but not limited to tennis courts, swimming pools, spa services, hiking trails, bicycle paths, ropes courses, amphitheater, and other recreational uses consistent with the nature of master planned resort;
(4) Indoor and outdoor resort-related recreational facilities, including but not limited to golf courses (including accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis courts, swimming pools, spa services, hiking trails, bicycle paths, rope courses, amphitheater, and other recreational uses consistent with the nature of a master planned resort;
Staff recommends renumbering and recommends returning
the term golf courses to list of permitted uses to be consistent
with the proposed zone as well as with Ordinance 01-0128-
08 and the FSEIS
(6) Waste water treatment facilities, including treatment plants, capture, storage and transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of waste water and stormwater; (7) Public water supply and related facilities; (8) Public facilities and services as defined in JCC 18.10.160; (9) Utilities supporting the resort; (10) Emergency services (fire, police, EMS); (11) Medical services; and
(12) Other similar uses consistent with the purpose of this zone and MPR as determined by the Department of Community Development.
(5) Public facilities and services as defined in JCC 18.10.
(6) Other similar uses consistent with the purpose of this zone and an MPR as determined by the department of community development
Staff recommends renumbering and removing PC
recommended items (6), (7), (9) through (11). Utility and
other life/safety provisions already are regulated by UDC
Land Use and Development Standards (18.15 and 18.30).
11 17.65.040 Bulk
and setback
requirements
All structures shall be set back at least 40 feet from Master Planned Resort boundary lines and adjacent MPR zones. Minimum building setback from State Route 101 is 50 feet.
(1) There are no yard or setback provisions internal to the MPR-GR zone. All structures shall be set back at least 20 feet from the Pleasant Harbor MPR boundary lines and adjacent MPR zones. Minimum building setback from State
Route 101 right-of-way is 50 feet. Minimum setback from Black Point right-of-way is 20 feet.
(2) All buildings not attached or having common walls shall be separated by a minimum distance of 10 feet, as measured from foundation to foundation.
Staff revised PC recommended language for clarity,
additional specificity and alignment with project proposal as
evaluated in FSEIS.
12 17.65.050 Critical Areas, Significant Tree Retention and Cultural Resources Protection Areas
(1) Critical areas and their buffers within the MPR boundaries shall be identified, delineated and permanently protected in accordance with JCC 18.22 and shall be designated on the official map of the Pleasant Harbor Master Planned Resort. A building setback of 10 feet shall apply to all designated buffer areas. (2) Significant Tree Retention.
All trees measuring 10” diameter breast high (dbh) or greater on the date of binding site plan approval shall be located and
marked for retention, and measures taken to protect
Deleted substantively and replaced with single statement: All provisions of existing County Code regarding critical areas and their buffers apply except that wetland buffers once determined are to be placed in a permanent conservation easement.
Staff recommends deletion of this section that was added in
PC version. As discussed in Item 3, “Requirements” section
above, there is a clear statement that building, site
development and land use in PH-MPR be fully subject to
provisions of existing County code and that all the conditions
of Ordinance 01-0128-08 shall apply. Staff recommends a
short statement that distinguishes wetland critical area buffer
requirements that differ slightly from existing County code
and that are required under Ordinance 01-0128-08 namely,
that wetland buffers once determined must be placed in a
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
surrounding soil and roots during site disturbance. Where there is no alternative to removing such trees, additional trees, such as Douglas Fir or Sitka Spruce at least four years old or four feet in height, shall be planted in buffer areas at a ratio of two trees planted for each removed. Where feasible, removed trees and their root wads shall be made available for watershed restoration projects.
(3) Kettles.
A “kettle” is defined as a depression on the land surface left by an ice block after glacial retreat. Black Point has three
such geologic and culturally significant features inside the MPR boundaries. Kettles are identified as a type of wetland difficult to replace. The three kettle sites on Black Point
inside the MPR boundaries shall be preserved and protected to include buffers as deemed sufficient per agreement with
the Port Gamble S’Klallam Tribe. (4) Special Environmental Protection Provisions. Notwithstanding all other environmental requirements, the MPR approved plan must have provisions for: (a) Well-head Protection and Aquifer Recharge Area Permeable soils on site mean potential contamination of the aquifer could occur from improperly directed run-off, spills or other contamination of fertilizers, pesticides, herbicides and petroleum products, putting human health at risk as well as fish and wildlife. An approved plan for directing untreated run-off away from the
aquifer and treating all on-site run-off with current biofiltration standards prior to any discharge to the aquifer.
(b) An approved organic vegetation and site management plan shall be submitted to the County as part of the overall Master Planned
Resort application for review and approval, or approval with conditions. (c) All development and landscaping within the PHMPR area must be located , constructed, and maintained in such a manner as to provide full protection to the aquifer and any on-site or
neighboring wells that rely on that aquifer for potable water. (d) No golf course greens should be constructed over the aquifer recharge area. Site grading and excavation shall be minimized, as demonstrated
permanent conservation easement. Staff created a section
under “Resort development” which lists the required
mitigation measures published in the Final Supplemental
Environmental Impact Statement (FSEIS) and Ordinance 01-
0128-08. Already proposed by staff is the stipulation that if
conflicts arise among conditions that the more restrictive will
apply. Finally, staff recommends against creating new or
novel regulatory standards for the PH-MPR (e.g., Kettles;
single tribes over other tribes, etc.) which present legal issues
with federal, state and local laws. The PC version introduces
duplication of existing development standards and/or codifies
new novel standards that may not be not legally defensible or
defendable.
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
by a County reviewed and approved grading plan pursuant to JCC 18.30.060 & 070. (e) Land disturbing activities such as grading and filling shall be kept to a minimum and natural contours shall be followed in locating and designing all development features to protect the natural environmental uniqueness of the site.
(f) Regular independent water quality testing shall be conducted at specific monitoring sites to be identified in the Resort Plan to test for saltwater
intrusion and toxic contamination in local wells that rely on the Black Point sole source aquifer, as well as testing in the lower reaches of the two adjoining
watersheds for toxic contamination and low oxygen levels. (g) All development and land disturbance shall protect/avoid all important cultural/historic sites that are listed, or eligible to be listed, by State Historic Preservation Officer or by a local Tribe with jurisdiction. Pursuant to JCC 18.30.160, the County recognizes that the area of the MPR is within the ceded area of Tribes that were parities to the Point No Point Treaty. (h) The owner/developer or assignees must provide for all on-site recycling of material, including paper, glass, cardboards, plastics, and composting of garden waste, food waste. All
compost should be reused on site. The owner/developer or assignees must provide a written record that landscaping materials
purchased and applied onsite, including those applied as compost feedstocks, and pest controls are within the parameters and use restrictions set
forth by the National List of Allowed and Prohibited Substances as published and periodically updated by USDA National Organic Program. (i) The applicant shall identify wildlife use areas within the site and provide for set-aside and protection of core wildlife habitat areas and connecting
corridors. (j) In cooperation and consultation with local tribes, areas shall be set aside and maintained for the occasional harvesting of medicinal plants and other plants important to tribal culture.
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(k) All development with the PHMPR must comply with the requirements for buffer retention, wildlife protection, greenbelt retention and maintenance and establishment of permanent protective easements for these resources, as well as the other specific requirements of Jefferson County Ordinance, 01-0128-08, which was part of the
Board of County Commissioners Council approval for establishment of the Pleasant Harbor Master Planned Resort.
(l) Any development proposed in the PHMPR shall use the LEED (Leadership in Energy and Environmental Design) green building rating
system standards. (m) Any development proposed in the PHMPR shall use the International Dark Sky Association (IDA) Zone E-1 standards for the MPR in order to limit night-time light pollution which may affect neighboring residential areas as well as wildlife. (5) Public Access to Master Planned Resort Amenities. All amenities and recreational resources of the development shall be open to all members of the public, with the exception of those type of activities pertaining to guests and residents only such as access to laundry rooms or internal recreation rooms, TV rooms, etc. Nothing in this section shall prevent the operator of any recreational resource from establishing a fee or charge for the public’s use of the
recreational resource.
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
13 17.70 Open
Space
Reserve
(MPR-OSR)
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide for a natural vegetated buffer area between the resort activities and the waters of Hood Canal. The MPR-OSR zone shall include a buffer extending landward 50 feet as surveyed from the top of the shoreline bluff bank, including a 10 foot building setback, along southern boundary of the MPR in accordance
with Ordinance No. 01-0128-08. 17.70.020 Permitted uses.
The following uses may be allowed in the buffer and open space areas in the MPR-OSR zone after review and approval of appropriate critical area reports:
(1) Restoration of existing development intrusions (roads, campsites) to their natural pre-development state; and (2) Passive recreation, including trails that do not reduce the forest canopy, increase stormwater discharge, or bluff erosion. (3) Educational and interpretive displays and signs may be installed if such installations involve a minimum of disturbance to soils or vegetation.
Purpose
The purpose of the MPR-OSR zone is to provide a non-
clearing permanently forested native vegetation buffer
between the resort development and the waters of Hood
Canal. The MPR-OSR zone shall extend landward as
measured 200 feet horizontally from the ordinary high water
mark of Hood Canal as measured in accordance with local
and state code. The dimensions of the MPR-OSR zone do
not preclude applicable buffers and setbacks as required
under this title or under Title 18 Jefferson County Code.
Staff recognizes that, in accordance with conditions of
Ordinance 01-0128-08, the entirety of the MPR-OSR zone is
required to be within a conservation easement, which runs
with the land in perpetuity. Staff revised and strengthened the
“Purpose” statement to convey clearly that the OSR is to
remain permanently forested and that no clearing is
permitted. Staff added language that acknowledges the zone
boundary as being subject to other standards existing in code
(e.g., geologically hazardous areas). Staff recommends
removing “permitted uses” as item number (1) would be
subject to a conditional use permit and items (2) and (3)
already are regulated in existing code (Chapter 18.15 JCC
Land Use and Chapter 18.30 JCC Development Standards).
PC version introduces duplication of existing development
standards and/or codifies new novel standards that may not
be not legally defensible or defendable.
14 17.75 Marina-
Maritime
Village Zone
17.75.020 Permitted Uses (1) Through (6)
(7) Utilities supporting the resort; (8) Infrastructure and buildings, both above and below ground, for the utilities;
(9) Emergency services (fire, police, EMS); (10) Public facilities, and services serving the MPR-MV zone;
(11) Medical services; and 17.75.040 Bulk and setback requirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new structures located within shoreline jurisdiction shall comply with the setback requirements of the
County’s Shoreline Master Program as codified under JCC 18.25
17.75.020 Permitted Uses
no change for items (1) through (6)
Delete items (7) through (11)
17.75.050 Bulk and setback requirements.
(1) There are no yard or setback provisions internal to the
MPR-MV zone. Minimum building setback from Highway 101 right-of-way shall be 50 feet. Minimum building setback from Black Point Road right-of-way shall be 20 feet. All new
structures located within shoreline jurisdiction shall comply
with the setback requirements of the County’s Shoreline Master Program as codified under. Chapter 18.25 JCC.
Staff recommends removing PC recommended items after
Item (6), as noted. Utility and other life/safety provisions
already are regulated in existing code (Chapter 18.15 JCC
Land Use and Chapter 18.30 JCC Development Standards)
PC version introduces duplication of existing development
standards and/or codifies new novel standards that may not
be not legally defensible or defendable.
Staff recommends revised setback requirements as noted
and consistent with Golf Resort Zone (MPR-GR) discussed
above.
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(2) All buildings not attached or having common walls shall be separated by a minimum distance of 10 feet, as measured from foundation to foundation
15 Marina-
Maritime
Village Zone
(no language) 17.75.030 Prohibited Uses.
Floatplanes and floatplane docks are prohibited. Aerial
access is limited to helicopters for emergency medical purposes only.
Staff recommends an additional standard to prohibit
Floatplanes, as noted, for the MPR-MV Zone, responding to
comments from US Navy and agreed to by Property
Owner/Developer.
Pleasant Harbor Resort Development
16 17.80 Pleasant
Harbor Resort
Development
17.80.010 Resort development. This section describes the “Resort Plan” for facilities to be located in the resort MPR, sets out a required environmental review process for any future resort development, and provides processes for reviewing major or
minor revisions to the Resort Plan. These provisions apply to all resort and associated development within the Pleasant Harbor MPR
17.80.010 Resort development.
This section describes the “Master Plan” defined by 17.60.040 for facilities to be located in the Pleasant Harbor MPR, and provides processes for reviewing major or minor revisions to the Master Plan. These provisions apply to all
resort and associated development within the Pleasant Harbor MPR
Staff recommends revising “Resort Plan” to “Master Plan.”
The Master Plan is established and defined in General
Provisions section as discussed item 3 above. The required
environmental review process already exists in Chapter 18.45
JCC and SEPA. PC version introduces duplication of existing
requirements in the JCC or state law that may not be not
legally defensible or defendable.
17 No language 17.80.020 Required Mitigation Measures During Operations. The mitigation measures required in the Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement (November 27, 2007) (2007 FEIS), the Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement December 9, 2015 (2015 FSEIS); and the terms and conditions of the Ordinance 01-0128-08 and the mitigation measures contained in the
Development Agreement entered into between Jefferson County and the Developer are required for the PH-MPR. Listed
Staff locates here all mitigation measures found as conditions
in Ordinance 01-0128-08 or as contained in the published
FSEIS. These mitigation measures address shoreline, water
quality, marina and golf course aspects of the PH-MPR and
provide the protection required by SEPA and the Ordinance.
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
for reference are those mitigation measures, which include but are not limited to:
(1) Shoreline Mitigation: The southern shoreline abutting Hood Canal will be put into a permanent conservation easement from the ordinary high water mark to 200 feet landward.
(2) Water Quality Mitigation:
(a) The Pleasant Harbor MPR shall be required to perform water quality monitoring and to supply that data from the state water quality sampling
station and other stations in Pleasant Harbor and submit a summary water quality report to the County.
(b) The Pleasant Harbor MPR shall comply with a County-based comprehensive water quality monitoring plan requiring at least monthly water collection and testing developed and approved in concert with an adaptive management program, utilizing best available science and appropriate state agencies. The monitoring plan shall be funded by a yearly reserve, paid for by the Pleasant Harbor MPR that will include regular off-site sampling of pollution, discharge, and/or contaminant loading, in addition to any on-site monitoring regime.
(c) In the event that water quality shows any sign of deterioration, the County shall consult with
the resort, the local residents, and the State (both Washington State Department of Health and Washington Department of Fish and
Wildlife) concerning the source of the change.
(d) All the Pleasant Harbor MPR permits shall require implementation of appropriate
mitigation measures to alleviate any water quality issues caused by the Pleasant Harbor MPR.
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(3) Marina Mitigation:
(a) All stormwater from impervious surfaces shall be captured and treated to the most current edition of the Stormwater Manual of Western Washington before discharge.
(b) There shall be no discharge of sewage or
contaminated bilge waters at the marina. (c) Pump out facilities shall be provided and operational
at all times. (d) Cleaning of fish or sea life shall be prohibited within the controlled access areas of the marina.
(e) The Project permits shall incorporate shellfish protection district guidelines.
(f) The marina shall have the right to inspect any vessel at any time.
(g) The marina shall develop and manage an active boater education program appropriate to the marina
setting to supplement the County program developed as part of the shellfish protection district.
(h) New or significant expansions to existing fuel storage or transfer shall be prohibited on marina floats, docks, piers, and storage lockers.
(i) No storage of oily rags, open paints, or other flammable or environmentally hazardous materials except emergency equipment as approved in the Emergency Service MOU shall be permitted on the
docks.
(j) Painting, scraping, and refinishing of boats shall be limited to minor repairs when in the water, which do not result in any discharge to the waters of the harbor.
(k) Any minor repairs must employ a containment barrier that prevents debris from entering the marine waters.
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Item
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(final code
numbering not
included as
sequence may
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adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
(l) Notification and information (before harvesting shellfish) will be available at the proposed.
(m) The marina operations shall incorporate mitigation requirements appropriate under the County Shellfish Protection Plan, and shall integrate a boater education program into a marina public education plan, which shall be implemented and maintained for so long as the resort is in operation, as part of a resort habitat management plan.
(n) The marina operations shall collect water quality data (from State sources so long as available or from approved testing plan should the state sources move
or not accurately reflect Pleasant Harbor conditions), and shall be required to participate with the County in an adaptive management program to eliminate, minimize, and fully mitigate any changes arising from the resort and related Pleasant Harbor or Maritime Village.
(o) The marina operations shall conduct ongoing
monitoring and maintain an inventory regarding Tunicates and other invasive species, and shall be required to participate with the County and state
agencies in an adaptive management program to eliminate, minimize, and full mitigate any changes arising from the resort, and related to Pleasant Harbor
or the Maritime Village. (4) Golf Course Mitigation
(a) The Pleasant Harbor MPR shall ensure that golf course
operations comply with the best practice standards of the King County golf course management guidelines, or their substantial equivalent, including, but not limited to, American Golf Association standards.
(b) The golf course and resort facilities will be required to participate in any adaptive management programs required by the County, as a result of the water quality
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
monitoring program required by JCC 17.080.020(2) and any changes caused by the resort operations.
(c) Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessary to achieve the goal of designing and installing stormwater management infrastructures and techniques that allow no stormwater run-off into Hood
Canal,
(d) The Pleasant Harbor MPR shall implement as a best management practice for the operation and
maintenance of the golf course a requirement to maintain a log of fertilizers, pesticides and herbicides used on the Pleasant Harbor MPR site, and this
information shall be made available to the public.
(5) Greenhouse Gas Mitigation: The Pleasant Harbor MPR shall collaborate at least annually with the Climate Action Committee (CAC) or its successor to calculate greenhouse gas emissions (GHGs) associated with the Pleasant Harbor MPR, and identify techniques to mitigate such emissions through sequestration and/or other acceptable methods.
(6) Blending of Buildings, Light Mitigation, Greenbelts and Buffer Management:
(e) In keeping with an approved landscaping and grading plan, and in order to satisfy the intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the buildings should be constructed
and placed in such a way they will blend into the terrain and landscape with park-like green belts between buildings.
(f) Construction of buildings within the Pleasant Harbor MPR boundaries shall strive to preserve trees that have a diameter of 10 inches or greater at breast
height (dbh). An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e. 10 inches or more in diameter at
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Discussion
Item
Number
Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
breast height (dbh) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects.
(g) All development within the Pleasant Harbor MPR shall use the International Dark Sky Association (IDA) Zone E-1 standards within the boundaries of the Pleasant
Harbor MPR.
(h) The Pleasant Harbor MPR, at its expense, shall manage all conservation easements to include
removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from U.S. Hwy 101.
18 Pleasant
Harbor Resort
Development
17.80.030 Resort Plan and Development Agreement
The Resort Plan shall consist of an approved binding site plan, including monitoring and operational plans, and an approved Development Agreement for future development of
properties in the Pleasant Harbor MPR. The process for approval of such agreements is contained in 18.40.820 JCC 17.80.040 Permit process for resort development. (1) A project-level supplemental environmental impact statement (SEIS) analyzing development of the Resort Plan
is required prior to issuance of building permits for any new resort development. (2) Notice of development application and environmental review under SEPA shall be provided to all persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18.
(3) Actual building permit plans or construction drawings may not be required during the SEPA review process, but submitted architectural drawings must contain and demonstrate sufficient details, including a detailed site plan, showing approximate elevations, sections, and floor plans are required, however, to ensure that the SEPA review process analyzes and considers project-level details. (4) The department of community development may
impose mitigating conditions or issue a denial of some or all of the Resort Plan based on the environmental review and
17.80.030 SEPA Compliance Required
(1) Substantial Compliance with Environmental Impact Statements and Supplemental Environmental Impact Statements Required.
(a) Potential environmental impacts from future development of the Pleasant Harbor MPR have been assessed and addressed in prior environmental
documents. The prior reviews were published in the following documents:
i. Draft Environmental Impact Statement for
Pleasant Harbor Marina and Golf Resort (September 5, 2007) (DFEIS);
ii. Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement (November 27, 2007) (FEIS);
iii. Draft Supplemental Environmental Impact
Statement for Pleasant Harbor Marina and Golf Resort November 19, 2014 (DSEIS);
Staff recommends striking the verbiage from the PC version
regarding “resort plan” as most of what is described here is
part of the Development Agreement, under a separate staff
report. Staff also recommends deleting PC language
regarding State Environmental Policy Act (SEPA) thresholds.
The PC provisions attempt to repeat current state law, but are
potentially inconsistent. The applicability of SEPA applies to
all land use actions and does not require reproduction here.
Staff notes that the PC version is borrowed from earlier
verbiage adopted for Port Ludlow MPR. SEPA rules as
published in state law recognize that existing environmental
documents for a given project and property will and are
required to guide all land use, environmental and site
development decisions. For the PH-MPR, there are a draft
and final EIS and draft and final SEIS, which recognize all the
provisions, reproduced here. Any modification, revision or
change to what was analyzed in the EIS and SEIS for PH-
MPR property and site development will, in accordance with
state law, require additional analysis under SEPA, i.e., a
SEPA addendum or supplement. Reproducing state legal
requirements is not value-added and introduces potential
confusion for future planning staff, citizen interpretations or by
future contractors /developers.
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Item
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Code Section
(final code
numbering not
included as
sequence may
change upon
adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
using authority provided pursuant to the State Environmental Policy Act, Chapter 43.21C RCW. Article X of Chapter 18.40 JCC shall be applicable to the permit process for resort development. (5) Following completion of the SEIS, building permits may be issued, following appropriate plan review, for projects analyzed in the SEIS.
(6) Actual resort development may be undertaken in phases, but only following completion of review and approval of a full resort buildout plan through the SEIS process. A
phasing schedule may be proposed as part of the environmental review or may be developed at a later date.
iv. Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment Impact Statement December 9, 2015 (FSEIS).
(b) The FEIS, DSEIS and FSEIS are referred to collectively
as the “Prior EISs.” Development shall substantially comply with the express mitigation measures imposed pursuant to the Prior EISs.
(c) The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as well as Condition 63(b) of Ordinance 01-0128-08, for all subsequent approvals or permits to develop the Pleasant Harbor MPR including, but not limited to, plats, short plats, binding site plans, boundary line adjustments, development permits, grading permits and building permits. No additional substantive SEPA mitigation measures are required for approvals or permits that authorize development that is consistent with level and range of development analyzed in the Prior EISs.
(d) Additional environmental analysis may be required for a new or modified proposal that materially exceeds the level and range of development reviewed in the Prior
EISs. For any such new or modified proposal, relevant information from Prior EISs shall be used to the fullest extent possible in future SEPA review. The scope of environmental review shall be limited to considering how or whether the proposal differs from or exceeds the scope of the Prior EISs and if so, whether such modification results in potentially significant adverse environmental impacts that have not been adequately addressed in the Prior EISs.
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numbering not
included as
sequence may
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adoption)
Planning Commission Recommended Version Staff Recommended Version Discussion
19 17.80.050 Environmental review for Resort Plan development. (1) All project level applications will be presumed to meet the threshold for a SEPA Determination of Significance except where the SEPA-responsible official determines that the application results in only minor impacts. Existing environmental review documents may be adopted under
SEPA if those documents meet the SEPA and JCC requirements to adequately address environmental impacts and mitigation as set forth in RCW 43.21C.034.
(2) The scope of an SEIS prepared under this section shall address environmental issues identified in the Programmatic FEIS issued November 2007, together with
such additional requirements as a project specific application may raise. The scope shall not change the standards of approval, however, as set forth in the applicable development agreement and these development regulations. (3) The utility element of any subsequent phase of SEPA review pertaining to the Pleasant Harbor MPR shall provide information on all affected utility systems, including sewer and water systems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be considered if necessary to ensure that water quality and water supply are adequately protected and impacts to natural resources minimized. Requirements for water quality and quantity monitoring as well as for run-off
impacts shall be specified in the Developer Agreement and in 17.80.030. (4) Any preliminary scope for future development within
the Pleasant Harbor MPR shall be consistent with the approved Resort Plan. Other elements, issues, and specific levels of detail may be included based on information
available at the time the Resort Plan development application is submitted. Elements noted above may be combined in the SEPA analysis to reduce duplication and narrow the focus on potentially significant adverse environmental impacts.
Deleted See comment to Item 18 above.
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Revisions to Master Plan
20 17.80.060 and
070 Revision
to Master Plan
(replaces
Resort Plan)
Uses term “Resort Plan.” Replaces with “Master Plan” whenever “Resort Plan” is used No other changes recommended by staff.
Limitation of Permit Approval, Extinguishment and Severability
18 17.85 New
section,
proposed
No language 17.85.010Limitation of permit approval. An MPR approved with a phasing plan shall be null and void
if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan. A new development plan shall be required for any development on
the subject property. Specific development activities shall be subject to the standards of the approved MPR and the regulations in effect at the time of development permit
application. 17.85.020 Severability If any section, subsection, clause or phrase of this title or amendment thereto, or its application to any person or circumstance, is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons or circumstances shall not be affected
Staff recommends inserting this language into this PH-MPR
code to protect against a failure to develop the PH-MPR as
required by the development regulations and the
development agreement.