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Home My WebLink About040918S_a01JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST To: Board of County Commissioners (BoCC) and Planning Commission Philip Morley, County Administrator FROM: Patty Charnas, Director Department of Community Development (DCD) DATE: April 9, 2018 SUBJECT: Pleasant Harbor Master Planned Resort Development Regulations and Development Agreement ATTACHMENTS: Link to Staff Report Pleasant Harbor Master Planned Resort Development Regulations Link to Staff Report Pleasant Harbor Master Planned Resort Development Agreement Staff slide show STATEMENT OF ISSUE: After timely and proper notice, the Board will hold a public hearing on the above referenced subject. The purpose of the public hearing is to accept written and oral testimony regarding the possible adoption of development regulations and a development agreement for the Pleasant Harbor Master Planned Resort. An Ordinance adopting staff recommended revisions to Planning Commission recommended development regulations amending Title 17 and 18 Jefferson County Code and an Ordinance approving the Pleasant Harbor Master Planned Resort Development Agreement are being considered at this public hearing by the Board of County Commissioners. ANALYSIS/STRATEGIC GOALS/PROS and CONS: This hearing provides the public an opportunity to deliver oral testimony on the above referenced subject. Written testimony has been received by the Board beginning February 7, 2018. This hearing will focus on proposed amendment to Jefferson County Code and on a draft development agreement based on required conditions of master planned resort development contained in Ordinance 01-0128-08 and on the results of substantial planning, environmental impact analyses and consultations with affected tribes covering a period of about 12 years. This hearing will include a staff -led brief review of the significant history of the project and of the proposed development regulations and development agreement. The principal purpose of the hearing is to accept public testimony. There is not anticipated to be any Board deliberations. There is not expected any final Board action. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Costs associated with staff time and resources are already budgeted. RECOMMENDATION: That the Board hold the public hearing as described above. REVIEWED BY: Philip Moe , County Administrator Date ATTACHMENTS: Web Address to Staff Report Pleasant Harbor Master Planned Resort Development Regulations http://test.co. iefferson.wa. us/WebLinkExternal/O/fol/l 794861 /Rowl .aspx Web Address to Staff Report Pleasant Harbor Master Planned Resort Development Agreement http://test.co.iefferson.wa.us/WebLinkExternai/O/fol/l 794861 /Row1.aspx Attached: Staff slide show 4/5/2018 Tonight's Public Hearing • Short presentation by staff • Hear testimony from the public • Board discussion; direction to staff on next steps No final action tonight Project Background Pleasant Harbor Master Planned Resort PH MFR • Environmental impacts assessed in multiple impact statements County passed 2008 Ordinance that allows Pleasant Harbor 238 -acres; formerly zoned rural residential; MPR to be developed subject to next to the 300 -slip marina that was re - specific conditions developed under an existing Binding Site Plan Proposed Resort • A nine -hole golf course with a three -hole practice course • 890 residential units consisting of guest rental and worker housing • 56,608 square feet of commercial space with resort related amenities • 103 acres of natural area preserved • Phasing plan accompanied by resource management plans, utility plans and service agreements Former Campground • System of Paved/ Gravel Roads and Parking Areas • 500+ RV Pad Sites • Buildings with Septic Tanks and Drain Fields Substantial Planning and Environmental Impact Review war ;nriira iai � ei"4` MTr„moi, wry+M�n•pA.” Brinnan Subarca ykrn l 0 111.11 r: Oploo h � y Z mrcy4r,5'gy ,+u N yah' y 7 Rerop rrp. Yrr r �114+ � 1 rrErgLOypF % In 2002, the Brinnon Subarea Plan identified the existing, yet idle NACO Campground on Black Point as an ideal location for a Master Planned Resort (page 45) In 2007, a programmatic Final Environmental Impact Statement (EIS) supported a re -designation ofthe campground from rural residential to Master Planned Resort. Final EIS listed over 150 mitigating conditions regarding water quality, shellfish, water supply, stormwater, traffic, public services, housing, and critical areas Jefferson County Code 18.15.126 through 135 sets forth local code requirements for the preparation, content, criteria for and the approval process of Master Planned Resorts, including 4 development standards and development agreement stipulations 4/5/2018 2 January 2008: BoCC approves the MPR Designation in Ordinance No. 01-0128-08 Adopted Ordinance lists thirty (30) conditions that must be used for the planning and development of the Pleasant Harbor Master Planned Resort BoCC stipulated through those conditions that any subsequent project level actions would require a Supplemental EIS Pleasant Harbor Final Supplemental EIS Brinnon MPR j BOCC Adopted Boundary) J.q IA, MOA msµ, 0 MM IMF" Between 2008 and 2015 a Supplemental EIS (SETS) analyzed and published a final resort plan, code amendments and development agreement Collectively. Ordinance and Final SEIS call for • MOUs with community, life - safety, service agencies and groups • Workforce development • Consultation with area Tribes • Cultural resources management • Wildlife management • Water supply management • Water quality management • Surface and stormwater • Greenbelts and vegetation • Specific mitigations Por�1 4/5/2018 3 DEVELOPMENT REGULATIONS • Briefly review —what these regulations are • How do they address what is required in laws • How they address the conditions of the ordinance and mitigation requirements of the EISs DEVELOPMENT REGULATIONS Development regulations on the three zones describe purpose, permitted uses and zone -specific development standards (e.g., height, setbacks) Development regulations apply to three zones that were published in the FSEIS: • Marina Maritime Village • Golf Resort Open Space Reserve runr� 4LLiil-��i•.-ir� .1' n' l •.. f MPR - dAP 4/5/2018 4 DEVELOPMENT Development Regulations REGULATIONS 1 cannot duplicate existing Ar local codes for stormwater, 6 ritical areas, land division randsite development I BRINNON MPR - ZONINOMAP Development Regulations also require mitigation measures for all operations occurring in all zones of the resort regarding water quality protection, resort stormwater and waste water management, shellfish protection and other standards as published in the ......w� EIS, Ordinance and SEIS _� „ ., ,:«,::,:• .; """ DEVELOPMENT REGULATIONS Three zones: • Marina Maritime Village • Existing marina, mixed uses, recreational facilities, bldgs. • Golf Resort • residential, recreational, mixed use, resort amenities • Open Space Reserve • Non -clearing, permanently forested buffer between the resort and Hood Canal Permanent conservation easements occur in all three zones and spelled -out in development agreement 1 BRINNON MPR - ZONING MAP 46 4/5/2018 5 DEVELOPMENT REGULATIONS The Planning Commission • Deliberated over 6 months in 2016 • Produced recommended development standards for Pleasant Harbor MPR Forwarded their code to the Board of County Commissioners for consideration CYePNn 17.411] ee No rYrlpa I1tlr.l7.Ar1Rb.11. Pbrurl II.Wwr:M'k flTa4.l'J.bl 1JIiWu 1T.fA Ut°rrl Pn.rYAr l7Ln.eleAr1Mdrv. T4nl. Ln-s.rl,xl�-rb]L'Yymn A00"111,711A92qLog T,6 10[r. n.w.olo nw. ...7�!.�n•r>" l�T°lin 11011!L-eWRl+el larkielr"Pl�niflpla}J4Lu. I!rnlanS Ile.grl.G:P� rr IpT IW `5�r,.IL2..:Cm_snst! IrkY �S [:p41,:'£ILr1PJN3pJl1!•I +�uLKt. n.IYtJLflp•ralr,lnlll,IN �TyI�!�+.ae1 :.,b{IpllydgN. 17.•7aJ9 Prrre•r rM VIe,11. roI 1Jn emMMJM enro �W FJ 2p17s4Ar.Y�px,vM na!kAmllouWMll. .rtt-dPk[.calmk �aJ ui .4nl.wiNll aivid na+Cau t:>�..6s1;cp lu 1Ww'p d3}P� MI LI�_:nl Irnr IPdn ll®wIAR�fod, f'.WplyAAJrnmIG>Cil4]lCTl4 II!rl�acq lefhenewlrenrnll: al line+nw,IM Jr�, t7lvkaSllnS.AUWY.dinkI.- "..FIL�F+.r_r1TsL41E mF+Ip Irlln-w['s.S'sdcWlLLwYli'A+9u114ltisYsl"xise.W 11!> Fwae h,llu+IL lfePyW✓f. NF..y, iITR [n it 1w re y�:I�l•.LiyWyy 5Lk P1wa.nul pI] n,l�-nl rk+.acsl _..ri+l,il�ln M11@R an ely lr nLynl I,.Ib, nyy,•,,J M,,,II„r +in 1111 r.App.�jj�p�lRllR_W-ek�-+uliliv „[IW Myr {,y,.�� asnxnLJNnw.� xaa° ..I d-Sk0u1�W L IT.l0.0V �pnlwrAnn+. FhPsmrr .. C1Vir 1x11 sbA7 ]RUR, .q l.rd_ ' rrslalr• mT.m' nMR rr11v!�±I:•e],J:1 _LHr� edm111�e1p.hmlWAef.'. 1lsen7,S�e. PIwIIIM Rrwl rl llrmis!!!? v 14. •41ir1.fr,s,rwrlYl/`rWSwID,rr W'r,dae�+ The Planning Commission • Produced Findings of Fact, Recommendations and Conclusions r Published an 8 -page letter to the Board regarding issues, outstanding questions and other comments associated with the MY M process to recommend development 0 -dA standards for Pleasant Harbor MPR J'Itr '1 Iem ,frL Pod T—W. WA M160 Der SAU= YJa.°000 Clrir. Phil JW- rW D id sAvrn: Ila k4-rmnny IRennMp [,n—im,14111-",,1 .. 1- nr nnpr7U IFslnwAy,lw Pferxfp Ilrbar ho -mid R[me(NW PmiI[I'Nnk N:PA4 0lnadbp Y lPta+ulrmaaa u Lrc am,irr rt ty Ven„nwroni m de Ikrclyullrm X*l. - 6M) dn[ w911— MK we”" .0 Ad. 17op,pIn1RPw'e PAn IYrIIp,%ni AWY int Al 111W Fhll fa�llrh W61Ppxrl A, 1+ul W, Il R ml wt°.¢ raa 11M x rrd dae -W-, fiirl,o]ow. 11'r will Wan'l Lrmm by[n,I Mia *e rrx,Itd In aL lGlAR4dii 1Y oldlnkw. •i,r 6P,44bdm mm ieF: a.,l ra n,b,-m Iii aeN7, I1=1e w.0 L' r. m.Irydr Nr” Wilspnhi[pvanlhlllpl Lna.ry [w Jw,hl4 A. 7 Mrrryl �1I`rW'p+y[ DCD'a. Nesp 1pdppwl]Sei+IwFW'wnLdX lur9ai51i-lyYL+.MPM Dr"9. e(DCD)II dMha. . WIIIwAnW°WnDC➢ Dua.•du only -rJ aufree a 1] t'D M1iw Rem drf'd+r pNY.TH°laaX'Wu1YrtmCmw[e7'en yml nw u:„n, cFv 4w we lu.e Ir,rrN rye n]r wu,s�ul YI I.ILwe OFas dude. Whi b IYr rclkaC Fran the my bepunilly, Nay JIM, M clriflMim oflhe"Pmp-d Aclim' Much nlppercd the annu SEPA low- is W.,.-1 nr SFEIS: 'PROPOSED ACTIONS: Pleura Hrba M Wer Pbrrlcd Rema"Sl4,,W nud EIS fettmal Crory a C -loft da a bWmvr.nd� to TIC, 17 rW 10 of Or klTm Vuary C.* Ie fnrvl,ke aaarp,Ml�trWa[Wlp uqr be Jw hLwn FWunl1[wn(Y7PRI•pa.d Yy Or lYprJ fCwruy C WaruyrPn,amCC'I ly'G:ti4ncr fin d1. 41]491. Weed IaNr714. ]OCL IR wNltlwn the C a•ryu *'lnv rl Lrlal. pl- wak Pk.'elalnN,.Apteulurl, Nw. l'WlUan 1r 6e Plm.lo Pa4,llr Jepriyrenll. y1w.F ml vsrWl.4r 4e ylapnN M1iNr PIW lel Wrn IA6P11k' Tr P^p."'�.'n€flet Els, IhaN a,+0uuG51arebwmn:roue Clrmnnx lxylwre frc lm �tvNpmtlu 4/5/2018 2.1 DEVELOPMENT REGULATIONS — 1111.11 MASTER PLAN'NE'D RESORTS Dept. Community, Development (DCO) staff: THL, 11, Ailkle L Y•M Lrdl• MPR L'bapim 17.08.17.80 I• Carefully reviewed the Planning Commission [PC] version of PH lllle l'..1{l dk L-�e••I lfurhar VYY 111«.]f� I MPR zoning regulations, P 11.60.0I0 Arlba,dN. I including the 8 -page issue letter Tins 611- Jopl dplm..l.lO Chap- 36.70 and 36.70A RCR'.Iml Tidy 18 JCC, y Re -drafted zoning regulations "'`°°'°�T"'°' iLe le rhlulw xv Ihrlh In Ihu nde .h1n0 h MUWR . Ihe'Plexum111;rMx M:nlrr with staff -proposed revisions so 1'r+laadlfnntt x'wic-',x 01•.Jr xelr7 mlc -'lyl,'i H.v�yl.ju'1{,�;yf1P,"I'dmlaw rn,Mc rrPwAb�. d,�,u,+r OuJd I�W�,hr npr,icYh,rJCC I�b,AX IeInJ.Lr that: � 17,baa�P Yors4Aruw wcrm' • Standards best contained in 171. �S,{g ;w nnJ intml ofiFr Pleuwu Ilrrhnr \tP�,,, n[Rtlele IUM neuelen+ltln. Derr »+ �, I,,,-' -ua1•,ur;,w XR11R 1u rr R xIJ1 >r k r,.r� the Development Agreement �L+Inl1.!:mnfva.mi,r i7pni 01Uae dnxlrgry7ppgi,hln 11te MR inrieanfll>c Plmnsln were editted J�l�'I°-� 6YILA:ri3i0Ax$ILa,aJGlSlsrc or+o•Lr olrc::led °HPPLnLIlCCOm11,DiATLr+] MEortEm,l' ha�f��r 01111 "iGIIIY.]. .-i ollpbaA p fpl+�mn e(�. .' e The PC version did not conflict 17,60,04017,60,040WaterWater Plan with existing ted g ado p fn. ma nurser n r1nl. 1.1.11.1 MUrnr -stun Ira n,l„r. d.>bl��n,n. � [Rn YRn.e'n1 N_•d.nr standards already in code Y J°PR morwrtb mfAfr•oululifnh Cf42rJ,uand FY,dr°rp°rin'L•^1°I lnn=el sl_rlalr•m..�w Fmd_411m--••'•�-��-•� II I", • /l Development standards could n4R0A .Uyrlilbim rwa trn a e Jf.. 1n � nramN[ focus on zoning for MPR and allow development agreement IICL71,lJ:rnnlr+Fe.puxnnlw+•d-Ty,`-1ygII • j.. 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Communitv Develonrment I.. .— (DCD) staff: • Carefully reviewed the Planning Commission letter to the Board regarding issues, outstanding questions and other comments associated with the process to recommend development standards for Pleasant Harbor MPR • After researching comment points, Staff responded in a matrix attached to the Staff Report — — is 4/5/2018 7 DEVELOPMENT AGREEMENT • Briefly review — what is a development agreement • What purposes does the development agreement serve for the PH MPR How does the development agreement comply with conditions of the ordinance and mitigation requirements of the EISs DEVELOPMENT AGREEMENT The "Envelop" around the Project— subsequent Permits will be required Purpose: Provides clarity, specificity and predictability for large developments while providing longer -than - normal timeframes and vesting to existing local code For Pleasant Harbor MPR DEVELOPAIENT AGREEMENT BY AND BETWEEN JEFFERSON COUNTY, WASHINGTON AND PLEASANT HARBOR MARINA AND GOLF RESORT, LLP RELATING TO THE DEVELOPMENT COAMONLY KNOWN AS THE PLEASANT HARBOR MARINA AND GOLF MASTER PLANNED RESORT 4/5/2018 DEVELOPMENT AGREEMENT For Pleasant Harbor MPR Development Agreement defines phases for build -out, establishes terms and scope of vesting period r M Development Agreement includes additional requirements where compliance with each of the thirty conditions is spelled out in detail DEVELOPMENT AGREEMENT Table of Coumurs DEVELOPMENT AGREEMENT .. k I'—l'nn�pliuitewtrF, Gdte.nI B 8 1 Condidon 63(e) ... ... _..,,,,�„s �.. ......... 6 2 EFFECTIVE DATE. TERMAND&SALJJ•OVFL'�li�..—.__.__.. 882 Condition 63(0 __.T.,,_ ............. . .._.. 6 2.1 Effecrlve Due ...._.,,.„.,,,_,.,__,,.,..._�... _ ... 8 8 3 Condition 63(k) . __ 6 2.2 Term_. _,,,_„ ,, 884 Condition 630) ,_7 2.3 Bui]d-Out Period ...—;; .....r..._..._._...� 88 5 Condition 63(p) 7 24 Modification 8.86 Condition 63(r) ., 7 2.5 Exhibits and Appendices $87 Condition 63(.) ._ __ 7 3 THE PROPERTY AND THE MASTER PLAN _ 8 8 8 Condition 63(t) _ 8 3 1n:Propeny D—iption 8 8 9 Condition 63(x) ._ ,.. .. ._.,..,..�„ ... 8 3.2 The Masser Plan Component. _ — 88 10 Condition 63(ef 4 NATIVE AMERICAN TREATY RIGHTS 89 The PleaaentHubor MPRWaten Senice 8 41 Aoreaion of Naive Amesiun Treaty Right 8 10 The Pleasant Harbor M itR Rhnewater Treatment Plan 8 4 11 Prmecsion ofFishing Right ._ .... _... _ ell Memoranda ofUrderrand[ng.. ... .. .. .. _.8 412 Pratai4m eCFlm.tioK Pl3ghsa .. ...... .... 8 Ill School Services Mitigation .... .. ... . 9 4 2 Preservation of Native American Treaty Right __ _......... .-. 8 112 Fire and EMS Seticu Mitigation 9 5 RECOGNITION OFAREAS WITH CULTURAL SIGNIFICANCE_ _ 8 113 Law Enforcement Services Mitigation. ___ _... .. ,.. 9 6 PROTECTION OF WATER QUALITY OUTSIDE OF THE NOPMTY, 8114 Transponarion Services Mitipsion........... _ ,,, 9 61Reeoguidon of Slgoifi—,Nearby Nrt lRe,..., 8115 Healthcare Services Mitigation 9 6,D.oxloptr a Agroemenl to Address Impacts c fthe Pleasant Harbor MPR 8 116 Housing Mido.don 9 Nearby Rnural Remus.n _ — 7 RESERVATION OF POLICE POWER OF THE COUNTY 8 117 Parks and Reerution Mitigation 10 71 Police Power. 8 11 8 MOU, Satisfy C..&6 n 63(c) of Otdinmce No 01-0128-08 10 72 Re.avation of County Auhority STANDARDS FOR DEVELOPMENT AND OTH ER MITIGATION BY 8 DEVELOPMENT SPA NDARDS .. .. ..... .. ...._ COUNTY........ ....... .... _... .... _. 91 County Psoces.ingand Review 10 10 81 Permitted Uses and Density Standards; Zoning.. .... .. .. 92 SEPA Complience 10 8.2 Pluming Goal. and Objectives - ---- 92 1 rnm Envoent.] Impact Steemnn. l0 83 Stormwata Stndude _ - 922 Supplement)Environmental lmpan Sutement .. 11 92.3 Substantial Compliance with Environmental Impact Sttements and - - - — Supplwenal Eovirooment.]Impact Statements Required 11 Thirteen Chapters924 Future SEPA Review, fee lndi.idual Projects 11 93 Vening ofl)—lopment Standard. 12 4/5/2018 9 DEVELOPMENT AGREEMENT List of Allachmcols Exhibit., Exhibit I - Lop] descripliou of Pleasant Harbor Marine and Golf Raw, LLP Property and Pleasant Harbor Marine, LLC Property Exhibit 2 - Matter Plan Map of the Property Exhibit 3 - Pleasant Harbor Mariam and Golf MPR Land Use Map (recordable version of Comprehensive Plan —P) Exhibit 4 - Phasing Plans Thirty one attachments Auoenndicea: Appendix A - MPR mn iag &speer, Title 17 and 18 es amended AppendixB - Stow eater Management Regrtiremeuts, Clapter l8 30.070 JCC Appendix C - Critical Area Regnhevneuts, Chapter l8 22 JCC Appendix D -Land Division Requirenerts, Chapter 18 35 JCC Appendix E -Lined Use Application Procedures Regni—em ,nls, Claptar 18 40 JCC Appendix F - Shoreline Master Progreu Requireueuts, Cspter l8 25 JCC Appendix 0- Additional development standards, Chapters 12 05, 12 10, and 18 30 JCC Appendix H -Water Syaten Plan Appendix I - W.,I.Wnler Treatment Plan Appendix J- Memoranda ofTJ.&.(.di g: I Schools Milipslion 2 Fia/EMS Mitigation 3. Lino Euforceuent Mitipetion 4Transportation Mitigation .5 Health Care Services Mitigation 6. Houaiug Milipelion 7. Pub and Recreation Miligetiou Appendix K - Ordinance 01-0128-08 Appendix L - Vegetation Meuapmueue Plan Appendix M - Conaorveliou Easements Appendix N - Water Quality Monitoring Plan Appendix O -Neighborhood Water Supply Program Appendix P - Wildlife Meuapenoul Plan Appeudix Q - Culnnel Resources Management Plan Appendix R - Dutiente Monitoring Agreeruent Appendix S - Intenational Dark Sky Appendix T-LEED Narrative , Now a review of some key elements of the draft development agreement,,,.. DEVELOPMENT AGREEMENT Table of Ceateats DEVELOPMENT AGREEMENT .. I 1 RECITALS--_.............._........_...__......_......._................._....,., .. _ ... 1 -- EFFECTIVE DATE, TERM+! AND BUILD -OUT 2 EFFECTIVE DATE. TERM AND BUILD -OUT PERIOD ' `., PERIOD 2.1 Effective Due __.... - _ — 2 2.2 ram ...... ... ......... _........ ,...-. ...... .... .......... Y.W.......... A 2.3 Build -Out al. 2 2.4 Modlficto8rm Effective Date: date of Board adoption .- — -•• _ - 2.5 Exh@hassd!Ap Jnr_. approving the Agreement. 3 THE PROPERTY AND THE MASTER PLAT: ...-... ...-... 31 The Property Dadpdoo 32 The Masts Plea C—P--. 4 NATIVE AMERICAN TREATY RIGHTS . ... .. ...... .. ... .3 41 Protadon of Native Amdrao Treaty Right........... .. 3 411 Pmteetlon.fFrahiog RISIns _ 3 4 12 Praedon ofHuming Riphta— _ r 4.2 PreaemdonofNsdve Amdcao Tr ty Right ..... ......... .. 3 5 RECOGNITION OFARFAS WITH CULTURAL SIGNIFICANCE 3 6 PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY. .A 61 Reropdtlon of Sigaificaar Nearby Natural Resources 4 62 Dwdota'a AVe ct r to Address Impactg of the Pleasant Harbor MPR o0 Nwby Natal Reaeuren. i Term of the Development Agreement: from the effective date to five (5) years after the end of the build -out period. Build -Out Period: twenty-five (25) years from the effective date or five years after the completion of all the phases as described in Phasing Plan, whichever is later. 20 4/5/2018 10 DEVELOPMENT AGREEMENT Table of C ------- RECOGNITION OF AREAS WITH CULTURAL DEVELOPMENT AGREEMENT I C tt I RECITALS ....... .. .. .. ........ .. ......... 1 RECITALS. .. _ ....- ----.. .. .. ._ ._ . 2 EFFECIIVEDATE, TERM AND BUILD -OUT PERIOD 2 Pfatenlon of NefWe Amarfcen TrgbtY R[);hq, 2.1 Effective Date 2 pra[acr7on aF pFhiDaRiarru 2.2 Toren ... _ .. .. 21 Effective Deft -- — - 2.3 BWId•Om PeAt J - To protect Water qunhty fhr Dayslopar shall 2.4 M.1114.1-117 rorwrYct thRPku=_ant Ifxrmr MPR In accord w{lh 2.5 Exhlblu and Appeodlce ...-= the StOlrllyyatel fvlrnd Remeni renulramants 3 THE PROPERTY AND THE MASTER PLAN.. _. .. . .. 2 attachadasAB.endix D 31 The Property Daaiptlon _ 32 71 muterPlaaeompooeon - =+ 4 NATIVEAMERICAN The Developerwill operate the Pleasant Harbor TREATY RIGHTS_... _—....._..�... 3 MPR In accord with the Water Quality 4.1 Pretetion ofNmiw Amede tRoilY Rrrjnr ; 411 ProtectionufFlehingRlgheg .. 3 Monitoring Plan attached as Appendix N and 4 12 Protection of Haring Rig7vr _ the Neighborhood Water Supply Program 42 Pre—ti000fNWve Ameoen75e yRights .....4 attached as ADoendlx0 5 RECOGNITION OFARFAS WITH CULTURAL SIGNIFICANCE 3 3 ... . 3 6 PROTECTION OF WATER QUALITY OUTSIDE OFTHE PROPERTY . ... 4 Access to the public beaches from the Property has 6I Recognition of Sigalfiant Nearby Natural Remnom 4 been curtailed and will continue to be curtailed 62 Derelepee'rAgreemdntoAddreeaImpacts ofthePlnumHacborWRon permanently Nenhy Natanl Rexraen a 42 Pteav.nonofNadveAnerimTFatyRlghu.. .. .. �xoetpt twtfoper shall: Preservation of Native Amcrtcan Trdaty RIRNt6. 3Preserve 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. 61 Recognition ofSlgniacatNewby NwurtlIt— The Developer will continue to cooperate with tribes to protect tribal treaty rights. stormwater storage; and, 21 DEVELOPMENT AGREEMENT Table of Coeteou RECOGNITION OF AREAS WITH CULTURAL DEVELOPMENT AGREEMENT 1 SIGNIFICANCE. 1 RECITALS. .. _ ....- ----.. .. .. ._ ._ . l The parties and the tribes disrus5ed the importance 2 EFFECTIVE DATE, TERM AND BUILD -OUT PERIOD z of kettles on fisc Property to the PG5T's cultural Of k 21 Effective Deft -- — - ory. 22 Term 23 Bnad-0utPeriod The PWhas applied for Including of arty 71-aditlorta1 24 ticrl;iY w.. _ Cultural Properties on the Natitsnal Register of 25 FaWNta.nanppt.&M ..... ��..—_.,. _ Hlstorlc Places as of the date of this Agreement. 3 THE PROPERTY AND THE MASTER PLAN.. _.._.__..-,.._...... .......2 If, prior to Developer Applying for a grading of 31 Th. PropertyDactlption building permit forthe Pleasant Harbor MPR, the 32 The Moir Pla C—pentoTREATY = PGST applies for and receives a recommendation 4 NATIVE oction AN7ReAmedat Tre . Righ . .... . •• RIGHTS 41 Protection oFNdve Amedon 7FeaY Ryhtr. ....... .... 3 ... . 3 from the State Advisory Council on Historic 41 1 Protection ofFiehing$ligbtr , Preservation that either Kettle B or C is eligible for 412 IYatnrlonaFHuniyRlgNa a listing In the National Register of Historic Places, the 42 Pteav.nonofNadveAnerimTFatyRlghu.. .. .. .; twtfoper shall: 5 RECOGNITION OFAREAswrrn CULTURAL SIGNIFICANCE 3Preserve • either Kettle B or C by preventing the 6 PROTECDON OF WATER QUALITY OUTSIDE OF THE PROPERTY.... ,. 4 sef selected kettle from being used for any 61 Recognition ofSlgniacatNewby NwurtlIt— 4 stormwater storage; and, 62 Developer's Agreement to Addret Impaar of the Plaint Harbor Newby NatoM It— NOR on s • 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 signiflcance of the kettles to native people. This provision does not restrict or otherwise prevent Developer from exercising its right to object to2apy tlpplit:ation that kettles are culturally significant. 4/5/2018 11 DEVELOPMENT AGREEMENT r 6 es C-4 -1 Llai ul Al tachwsa l, DEVELOPMENT STANDARDS PROTECTION OF WATER QUALITY OUTSIDE OF THE DEVELOPMENT AGREEMENT 1 PROPERTY 1 RECITALS..... _ -... ....... _........ ..... ..... ... .._,..r,.,_,.,......l 2 EFFECTIVE DATE, TERM AND BUILD -OUT PERIOD _2 Recognition of Significant Nearby Natural 2.1 Effective Date ,„- 2 RaSDurces. 2.2 Tarot ..,, ..-...-..-...-..�_ :. The Developer recognizes the tmportance of Hood 2.3 Builddor Period — — - - 2 Canal 3s d WkirCe of reCnnIIan and fishing. 2.4 Modification _ 2.5 ExhiblOmdA Protecting water qualify In Hood Canal is Just as 3 THE PROPERTY AND THE MASTER PLJW_ - --... .. _ .. I lmporl.tml to the success of the Pleasant Harbor 31 IhePropertyDeaalpti- MPR as R Is to those who use Hood Canal for 32 The Ma.aplmcomponeste — — Appendix E- Land Use Applicaliw i l5e.:p.kre. Rnptirerneme, Chapter 18.40 JCC recreation and subsistence. 4 NATIVEAMERICAN TREATY RIGHTS ..... - .... ... ..... 3 Appendix O -Additional development standards, Chapters 12 05, 12 10, and 18.30 JCC 4.1 PoseclewerN...Armed— Tntyeyit....—,.,_--_... Appendix H -Water system Plan Developer's Agreement to Address Impacts 411 Protection ofl4erdog Rights 3 of the Pleasant Harbor MPR on Nearby 412 Protection ofHu®g algin. -- 3 Natural Resources. 42 PremrmdmofNnlve Amai=TrmyRlghta. ... ._...._3 3. Lew Eufovetuent Mitigation 5 RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE 3 -';rhe Developer agrees to address demonstrated 6 PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY ..... .4 Impacts ofthe Pleasant Harbor MPR to water 6.1 Remsidon 14-3 Re— .. lir 4 quality both on-site and off-site. The Developer will 62 Dwrisper'eAssessment taAddrentmpaeaoftheislwcantHarborWitam Newby Natural Reroweea d Construct the Pleasant Harbor MPR lnaccord with —' the Stormwater Management requirements Appendix N - Water Quality Monitoring Plan attached as Appendix B. Shoreline Master Program Appendix P - Wildlife Ma usinsu sut Plan attached as Appendix F and Wastewater Treatment Appendix Q - Cultural Rwomcw Management Plan Plan attached as Appendix I. The Developer will Appendix S - Tnlem.limul Dark Sky operate the Pleasant Harbor MPR In accord with Appendix T - LEED Narrative the Water Quality Monitoring Plan attached as Appendix N and the Neighborhood Water Supply Program attached as Appendix O. 23 DEVELOPMENT AGREEMENT Llai ul Al tachwsa l, DEVELOPMENT STANDARDS ExhibiW StOrmwater Standards Exhibil 1 - Legal descriplion of Pleasanl Harbor Marius and Golf Rwott, LLP Property Critical Area Si and nada and Pleasant Harbor Marina, LLC Property .land d avelop anent Stand arch Exhibit 2 - Hasler Plau May of the Property Exhibit 3 -Pleasant Harbor Marine and Golf MPR Land Use Map (recordable version of Comprehensive Plan map) COmultanYe with l7rdlrtnn[e 1�]Z9•(36 Exhibit 4 - Phasing Plans Local labor and supplies Anpeudiew: Appendix A -MPR zoning chapter, Title 17 and 18 as amended Cultural resources management tribal Appendix B - Stormwater Meuegome tt Requirements, Chapter 18.30.070 JCC and assurances Appendix C- Critical Area Requirements, Chapter 18 22 ICC Appendix D - Land Division Requirmnents, Chapter 18.35 JCC Appendix E- Land Use Applicaliw i l5e.:p.kre. Rnptirerneme, Chapter 18.40 JCC Wildlife management Appendix F - Shoreline Master Pmgrrun RerprgcmeuN, Chapter 18,25 JCC Appendix O -Additional development standards, Chapters 12 05, 12 10, and 18.30 JCC Appendix H -Water system Plan Water supply and neighborhood water system plan Appendix I - Wwlewaler Trwtmeul Plan Appendix 1- Memoranda of Uuderelaudmg: I School. Mitigation Water quality monitoring plan 2. Fire/EMS Mitigation 3. Lew Eufovetuent Mitigation 4. Trauapodatiou Mitigalion Conservation easements .5 Health Care Services Mitigation 6. Howiug Miligaliou 7 park.. aunt Rneentivrl Wastewater treatment plan Appendix K - Ordinance 01-0128A8 Appendix L - Vegelaliou Mauegemeut Plan Appendix M- Conservation Ewemeuts Appendix N - Water Quality Monitoring Plan Appendix O - Neighborhood Water Supply Progrmn Appendix P - Wildlife Ma usinsu sut Plan Appendix Q - Cultural Rwomcw Management Plan Appendix R - Tuuicate Monitoring Agreement Appendix S - Tnlem.limul Dark Sky 24 Appendix T - LEED Narrative 4/5/2018 12 Valuable Consultations with affected tribes occurred throughout project history. More recently in: • December 2015 • January 2017 • September 2017 • October 2017 • October 2017 (wildlife management plan) Results Include: • November 2017 • Reduced number of residences • Golf course reduced in size • Grassy areas greatly reduced • Updated water quality monitoring plan to include additional subterranean monitoring (in addition to harbor monitoring) • Additional protection of wildlife including Elk fencing and safe removal • Draft development agreement contains language specific to tribal treaty rights recognition and cultural resource protection Clarifying questions from Commissioners? Hear testimony from the public 4/5/2018 13 STATE OF WASHINGTON County of Jefferson An Ordinance Amending Jefferson County Code Title 17 adding a Chapter and ORDINANCE NO. entitling it `Master Planned Resorts' and ) Amending Title 18 `Unified Development ) Code' regarding the Pleasant Harbor Master Planned Resort WHEREAS, RCW Chapter 36.70A. et seq., the Growth Management Act ("GMA") requires that counties planning under the GMA to adopt development regulations that are consistent with and implement their comprehensive plans; and WHEREAS, the.Board of County Commissioners for Jefferson County, a municipal corporation of the State of Washington ("the Board") constitutes the legislative body for Jefferson County ("the County"); and WHEREAS, the County adopted a GMA-derived comprehensive plan on August 28, 1998 via Resolution 72-98 and adopted GMA implementing regulations codified at Jefferson County Code ("JCC") Title 18 on December 18, 2000; and WHEREAS, JCC Title 18 provides guidance on the process and procedures for amending the JCC; and WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson County. The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master Planned Resort ("MPR") would be "a self-contained and fully integrated planned unit development, in a setting of significant natural amenities with primary focus on destination resort facilities consisting of short-term visitor accommodations." In addition, 1. Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental impact statement was issued in 2007; 2. Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management Hearings Board which determined that: "The environmental impacts of this project were studied at an appropriate level of detail, with provision for further environmental review at the project level stages of development;" An appeal of the decision of the Growth Management Hearings Board ended in 2011, after it was first affirmed by the Thurston County Superior Court and, then the Court of Appeals; tif'4` . , 4/5/2018 Tonight's Public Hearing • Short presentation by staff • Hear testimony from the public • Board discussion; direction to staff on next steps No final action tonight Project Background Pleasant Harbor Master Planned Resort PH MFR • Environmental impacts assessed in multiple impact statements County passed 2008 Ordinance that allows Pleasant Harbor 238 -acres; formerly zoned rural residential; MPR to be developed subject to next to the 300 -slip marina that was re - specific conditions developed under an existing Binding Site Plan 4. Ordinance 01-0128-08 included a finding that any future site planning, building and development of the Pleasant Harbor MPR will be consistent with "all GMA-derived development regulations relating to GMA critical areas and all on-site and off-site infrastructure and service impacts ... will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits;" All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance 01-0128-08 are incorporated herein; and WHEREAS, the purpose of this Ordinance is to specifically adopt the internal zoning map and internal zoning code of the Pleasant Harbor MPR and incorporate the record supporting code text amendments and all other related Pleasant Harbor MPR reports, findings, conclusions, items of record and mitigation measures as analyzed in the Final Supplemental Environmental Impact Statement ("FSEIS") published on December 9, 2015; and WHEREAS, the Jefferson County Planning Commission, following timely and effective public notice, held a public hearing on January 6, 2016 to take public testimony and allowed the hearing record to remain open until February 3, 2016 to receive written comments on the proposed Pleasant Harbor MPR development regulations published in the FSEIS; 1. Approximately 114 individual comments were received by the Planning Commission on the environmental impact analyses, development regulations, and draft development agreement, as analyzed in the FSEIS; 2. Beginning on February, 2016 and continuing until June, 2016, following timely and effective public notice, the Planning Commission held seven deliberation meetings on the proposed development regulations as published in the FSEIS; On June 15, 2016, following timely and effective public notice and in accordance with JCC 18.45.090, the Planning Commission forwarded to the Board of County Commissioners recommended development regulations amending JCC Title 17 and Title 18, along with associated findings and conclusions regarding the Pleasant Harbor MPR zoning code; and WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR contained in Ordinance 01-0128-08 and in recognition of the Board's desire to establish and maintain good working relationships with area tribes and in recognition of Washington Governor's Office of Indian Affairs guidelines on government -to -government consultations between federally recognized Indian tribes and the State of Washington in order to respect the sovereign status of the parties, enhance and improve communications, and facilitate the resolution of issues, The County consulted with affected tribes seeking to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and 2 WHEREAS, government -to -government consultations related to the environmental review, planning, development standards and development agreement of the Pleasant Harbor MPR and tribal issues regarding usual and accustomed hunting and fishing rights and regarding tribal cultural resources go back at least as far as 1996, concerning the Brinnon Subarea Plan and have continued through to the present, the documentation of which is hereby incorporated into the record; and WHEREAS, the Board finds that opportunities provided for government -to -government consultations and for citizen participation used in the preparation of these proposed amendments to Title 17 and 18 JCC are consistent with the requirements of the Governor's Office of Indian Affairs guidelines, GMA and the State Environmental Policy Act; and WHEREAS, the Board has considered and makes the findings that the proposed amendments to Titles 17 and 18 JCC are consistent with and support other comprehensive plan elements and/or development regulations and that will correct certain deficiencies and insert desirable changes to development regulations; and WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety to enact the proposed amendments to Titles 17 and 18 JCC. NOW, THEREFORE, be it ordained: Section 1. Amendment to Jefferson County Code. JCC Title 17 "Port Ludlow Master Planned Resort" is changed to "Master Planned Resorts" and a new Chapter titled "Pleasant Harbor Master Planned Resort" is added as set forth in Attachment 1 and incorporated herein and by this reference is hereby adopted. Section 2. Amendment to Jefferson County Code. JCC Title 18 "Unified Development Code" is amended as set forth in Attachment 2 and incorporated herein and by this reference is hereby adopted. Section 4. Effective Date. This ordinance is effective immediately upon adoption. Section 5. Explicit Action. Should any amendment to JCC Title 17 and Title 18 that was passed by the Board during its deliberations be inadvertently left out upon publication, the explicit action of the Board as discussed and passed shall prevail upon subsequent review and verification by the Board. Section 6. Severability. If any provision of this ordinance or its application to any person, entity, or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstance, is not affected. APPROVED and ADOPTED this day of 12018. 3 SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 4 February 6, 2018 STATE OF WASHINGTON County of Jefferson In the Matter of Adopting a Development ) Agreement for the Pleasant Harbor Master) ORDINANCE NO. Planned Resort ) WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation of the State of Washington ("the Board") constitutes the legislative body for Jefferson County ("the County"); and 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; and WHEREAS, Jefferson County Code ("JCC") Title 18 provides guidance on the process and procedures for entering into development agreements; and WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson County. The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master Planned Resort ("MPR") would be "a self-contained and fully integrated planned unit development, in a setting of significant natural amenities with primary focus on destination resort facilities consisting of short-term visitor accommodations." In addition, 1. Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental impact statement was issued in 2007; 2. The Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management Hearings Board which determined that: "The environmental impacts of this project were studied at an appropriate level of detail, with provision for further environmental review at the project level stages of development;" 3. An appeal of the decision of the Growth Management Hearings Board ended in 2011, after it was first affirmed by the Thurston County Superior Court and, then the Court of Appeals; 4. Ordinance 01-0128-08 included a finding that any future site planning, building and development of the Pleasant Harbor MPR will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits;" 5. All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance 01-0128-08 are incorporated herein; and WHEREAS, the Pleasant Harbor Master Planned Resort, LLC ("Developer") is the owner of real property consisting of approximately 237.88 acres located within at Black Point Peninsula in Brinnon, Washington, and proposes to establish a development there as a master planned resort; and WHEREAS, the purpose of this Ordinance is to specifically adopt the Pleasant Harbor MPR development agreement and incorporate the record all related Pleasant Harbor MPR reports, findings, conclusions, items of record and mitigation measures as analyzed in the Final Supplemental Environmental Impact Statement ("FSEIS") published on December 9, 2015; and WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR contained in Ordinance 01-0128-08 and in recognition of the Board's desire to establish and maintain good working relationships with area tribes and in recognition of Washington Governor's Office of Indian Affairs guidelines on government -to -government consultations between federally recognized Indian tribes and the State of Washington in order to respect the sovereign status of the parties, enhance and improve communications, and facilitate the resolution of issues, the County consulted with affected tribes seeking to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and WHEREAS, government -to -government consultations are specifically called out in the conditions listed in paragraph 63 or Ordinance 01-0128-08 regarding the Pleasant Harbor MPR and tribal usual and accustomed hunting and fishing rights and tribal cultural resources; and WHEREAS, the development agreement is the best vehicle to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and WHEREAS, the development agreement contains 31 separate attachments necessary to comply with state law, the JCC and, Jefferson County Ordinance 01-0128-08; and WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety to enter into the development agreement. NOW THEREFORE be it ordained: Approval of Development Agreement The Development Agreement is approved and the Board is authorized to sign it on behalf of the County. Effective Date This ordinance is effective immediately upon adoption. 2 February 6, 2018 APPROVED and ADOPTED this day of , 2018. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS ATTEST: David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney February 6, 2018 4. Ordinance 01-0128-08 included a finding that any future site planning, building and development of the Pleasant Harbor MPR will be consistent with "all GMA-derived development regulations relating to GMA critical areas and all on-site and off-site infrastructure and service impacts ... will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits;" All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance 01-0128-08 are incorporated herein; and WHEREAS, the purpose of this Ordinance is to specifically adopt the internal zoning map and internal zoning code of the Pleasant Harbor MPR and incorporate the record supporting code text amendments and all other related Pleasant Harbor MPR reports, findings, conclusions, items of record and mitigation measures as analyzed in the Final Supplemental Environmental Impact Statement ("FSEIS") published on December 9, 2015; and WHEREAS, the Jefferson County Planning Commission, following timely and effective public notice, held a public hearing on January 6, 2016 to take public testimony and allowed the hearing record to remain open until February 3, 2016 to receive written comments on the proposed Pleasant Harbor MPR development regulations published in the FSEIS; 1. Approximately 114 individual comments were received by the Planning Commission on the environmental impact analyses, development regulations, and draft development agreement, as analyzed in the FSEIS; 2. Beginning on February, 2016 and continuing until June, 2016, following timely and effective public notice, the Planning Commission held seven deliberation meetings on the proposed development regulations as published in the FSEIS; On June 15, 2016, following timely and effective public notice and in accordance with JCC 18.45.090, the Planning Commission forwarded to the Board of County Commissioners recommended development regulations amending JCC Title 17 and Title 18, along with associated findings and conclusions regarding the Pleasant Harbor MPR zoning code; and WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR contained in Ordinance 01-0128-08 and in recognition of the Board's desire to establish and maintain good working relationships with area tribes and in recognition of Washington Governor's Office of Indian Affairs guidelines on government -to -government consultations between federally recognized Indian tribes and the State of Washington in order to respect the sovereign status of the parties, enhance and improve communications, and facilitate the resolution of issues, The County consulted with affected tribes seeking to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and 2 WHEREAS, government -to -government consultations related to the environmental review, planning, development standards and development agreement of the Pleasant Harbor MPR and tribal issues regarding usual and accustomed hunting and fishing rights and regarding tribal cultural resources go back at least as far as 1996, concerning the Brinnon Subarea Plan and have continued through to the present, the documentation of which is hereby incorporated into the record; and WHEREAS, the Board finds that opportunities provided for government -to -government consultations and for citizen participation used in the preparation of these proposed amendments to Title 17 and 18 JCC are consistent with the requirements of the Governor's Office of Indian Affairs guidelines, GMA and the State Environmental Policy Act; and WHEREAS, the Board has considered and makes the findings that the proposed amendments to Titles 17 and 18 JCC are consistent with and support other comprehensive plan elements and/or development regulations and that will correct certain deficiencies and insert desirable changes to development regulations; and WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety to enact the proposed amendments to Titles 17 and 18 JCC. NOW, THEREFORE, be it ordained: Section 1. Amendment to Jefferson County Code. JCC Title 17 "Port Ludlow Master Planned Resort" is changed to "Master Planned Resorts" and a new Chapter titled "Pleasant Harbor Master Planned Resort" is added as set forth in Attachment 1 and incorporated herein and by this reference is hereby adopted. Section 2. Amendment to Jefferson County Code. JCC Title 18 "Unified Development Code" is amended as set forth in Attachment 2 and incorporated herein and by this reference is hereby adopted. Section 4. Effective Date. This ordinance is effective immediately upon adoption. Section 5. Explicit Action. Should any amendment to JCC Title 17 and Title 18 that was passed by the Board during its deliberations be inadvertently left out upon publication, the explicit action of the Board as discussed and passed shall prevail upon subsequent review and verification by the Board. Section 6. Severability. If any provision of this ordinance or its application to any person, entity, or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstance, is not affected. APPROVED and ADOPTED this day of 12018. 3 SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 4 February 6, 2018 STATE OF WASHINGTON County of Jefferson In the Matter of Adopting a Development ) Agreement for the Pleasant Harbor Master) ORDINANCE NO. Planned Resort ) WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation of the State of Washington ("the Board") constitutes the legislative body for Jefferson County ("the County"); and 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; and WHEREAS, Jefferson County Code ("JCC") Title 18 provides guidance on the process and procedures for entering into development agreements; and WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson County. The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master Planned Resort ("MPR") would be "a self-contained and fully integrated planned unit development, in a setting of significant natural amenities with primary focus on destination resort facilities consisting of short-term visitor accommodations." In addition, 1. Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental impact statement was issued in 2007; 2. The Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management Hearings Board which determined that: "The environmental impacts of this project were studied at an appropriate level of detail, with provision for further environmental review at the project level stages of development;" 3. An appeal of the decision of the Growth Management Hearings Board ended in 2011, after it was first affirmed by the Thurston County Superior Court and, then the Court of Appeals; 4. Ordinance 01-0128-08 included a finding that any future site planning, building and development of the Pleasant Harbor MPR will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits;" 5. All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance 01-0128-08 are incorporated herein; and WHEREAS, the Pleasant Harbor Master Planned Resort, LLC ("Developer") is the owner of real property consisting of approximately 237.88 acres located within at Black Point Peninsula in Brinnon, Washington, and proposes to establish a development there as a master planned resort; and WHEREAS, the purpose of this Ordinance is to specifically adopt the Pleasant Harbor MPR development agreement and incorporate the record all related Pleasant Harbor MPR reports, findings, conclusions, items of record and mitigation measures as analyzed in the Final Supplemental Environmental Impact Statement ("FSEIS") published on December 9, 2015; and WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR contained in Ordinance 01-0128-08 and in recognition of the Board's desire to establish and maintain good working relationships with area tribes and in recognition of Washington Governor's Office of Indian Affairs guidelines on government -to -government consultations between federally recognized Indian tribes and the State of Washington in order to respect the sovereign status of the parties, enhance and improve communications, and facilitate the resolution of issues, the County consulted with affected tribes seeking to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and WHEREAS, government -to -government consultations are specifically called out in the conditions listed in paragraph 63 or Ordinance 01-0128-08 regarding the Pleasant Harbor MPR and tribal usual and accustomed hunting and fishing rights and tribal cultural resources; and WHEREAS, the development agreement is the best vehicle to substantially address and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and WHEREAS, the development agreement contains 31 separate attachments necessary to comply with state law, the JCC and, Jefferson County Ordinance 01-0128-08; and WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety to enter into the development agreement. NOW THEREFORE be it ordained: Approval of Development Agreement The Development Agreement is approved and the Board is authorized to sign it on behalf of the County. Effective Date This ordinance is effective immediately upon adoption. 2 February 6, 2018 APPROVED and ADOPTED this day of , 2018. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS ATTEST: David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney February 6, 2018