HomeMy WebLinkAbout04 0604 18STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting a Development )
Agreement for the Pleasant Harbor Master) ORDINANCE NO. 04-0604-18
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;" and
WHEREAS, Jefferson County Ordinance 01-0128-08 was adopted after a programmatic
environmental impact statement was issued on November 27, 2007 as Final Environmental
Impact Statement for the Brinnon (also referred to as the Pleasant Harbor Marina and Golf
Resort) Master Planned Resort; and
WHEREAS, 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;" and
WHEREAS, 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; and
WHEREAS, Ordinance 0l -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;" and
WHEREAS, all of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance
01-0128-08 are incorporated herein; and
WHEREAS, on February 5, 2018, the Board approved a hearing notice published on February 7,
14 and 28, 2018, setting a public hearing on April 9, 2018 on the staff proposed revisions to
Planning Commission recommended development regulations for Pleasant Harbor MPR and
establishing a public comment period beginning February 7, 2018 accepting written public
comments up and through the end of the public hearing; and
WHEREAS, on April 9, 2018, following timely and effective public notice and in accordance
with JCC 18.45.090, the Board held a public hearing on staff -proposed revisions to the Planning
Commission recommended development regulations during which seventy-five (75) verbal
comments were received and after which the Board made a motion to extend the public comment
period to accept written public comments until 4:30 pm on April 13, 2018; and
WHEREAS, the Board received public testimony and began deliberations on the hearing record,
including 282 pieces of written testimony and verbal testimony from 75 members of the public;
and
WHEREAS, on May 21, 2018, following timely and effective public notice, a staff report was
presented to the Board to assist the Board's deliberations that included a matrix that documented
the 282 written comments and 75 verbal comments received during the Board public comment
period and based on the record, the Board gave staff direction to negotiate with the developer on
specific issues outlined in the staff report; and
WHEREAS, in consideration of tribal consultations, public comments and testimony,
negotiations with the developer resulted in improvements to the development agreement as
follows:
The Term of the Development Agreement. The developer agreed to a maximum 45 -year
term, or 5 years after the build out is complete, whichever is sooner. This addresses
comments on the prior draft of the development agreement created a perpetual term,
while giving reasonable assurances that the build out will be complete before the term of
the development agreement runs out; and
2. The Wildlife Management Plan. The developer agreed to key changes that respond to
comments. The changes require:
a. Blinking Signs to Warn Drivers of Elk Crossings Near the MPR. The changes require
that the developer pay for installation of signs with blinking lights on Highway 101
(similar to those in Sequim), at either end of the MPR, that would be triggered when
2
elks who have collars that turn on the lights pass nearby. The developer also agreed to
provide $10,000 to reimburse WDFW for collars and other parts of the system; and
b. An Elk Exclusion Fence. The changes require installation by the developer of an elk
exclusion fence on the West side of the MPR, in consultation with the Washington
Department of Fish and Wildlife and affected tribes prior to fence construction; and
c. Non -Lethal Removal of Wildlife. The changes require that wildlife that end up on the
MPR shall not be destroyed by the Developer, except where the animal poses a threat
to human health or safety. This was another key recommendation received in public
comments.
3. The Water Quality Monitoring Plan. The Water Quality Monitoring Plan was revised to
provide a mechanism to require investigation and remediation of any chemicals and fecal
coliform that might be released from the MPR, after detection in the sentinel wells. This
is responsive to public comments regarding the need for a specific action plan in the
event of a polluting activity originating from the MPR; 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 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, the State Environmental Policy Act and Ordinance 01-0128-08; and
WHEREAS, the Pleasant Harbor Master Planned Resort, LLC ("Developer") is the owner of real
property consisting of approximately 237.88 acres located within the 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 supporting all other related Pleasant Harbor
MPR reports, findings, conclusions, items of record, internal zoning map and mitigation
measures, as analyzed in the Final Supplemental Environmental Impact Statement ("FSEIS")
published on December 9, 2015, and the June 4, 2018 development regulations; 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 A egr ement
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.
, �Nil TT c a,APPROVED and ADOPTED this day of j Uu , 2018.
JEFFERSON COJqqTY BOARD OF
COMMISSI0
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»,ATCEST:
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CarolytVGallaway
Deputy Clerk of the Board
Approved as to form only:
61C. /44-,. 6L"Ole
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
El
David Sullivan, Chair
Kathleen'K1cr, Member
Kate Dean,