HomeMy WebLinkAbout062419_cabs01 Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Patty Charnas, Director, Dept. Community Development
DATE: June 24,2019
SUBJECT: Pleasant Harbor Master Planned Resort—Compliance with LUPA Court
Decision
STATEMENT OF ISSUE:
The developer has proposed amendment of the development agreement and phasing map to
address the issues remanded to the BoCC by the Superior Court. Revised phasing language
for the development agreement and a revised phasing map are attached as Appendix A.
Staff proposes to brief the BoCC about the proposed revised phasing language for the
development agreement, the revised phasing map, and proposed next steps.
ANALYSIS:
On January 28, 2008, the Board of County Commissioners (BoCC) unanimously adopted
Ordinance No. 01-0128-08. Ordinance No. 01-0128-08 approved zoning for a master planned
resort in Brinnon, Washington. A 2007 programatic final environmental impact statement
(EIS) preceded the zoning decision reflected in Ordinance No. 01-0158-08.
Ordinance No. 01-0128-08 was appealed to the Western Washington Growth Management
Hearings Board, the Thurston County Superior Court, and the Washington Court of Appeals,
Div. II, all of which upheld Ordinance No. 01-0128-08. After the Court of Appeals decision in
2011, the developer and the County started working on a supplemental EIS, development
regulations and a development agreement that satisfies the extensive requirements of
Ordinance No. 01-0128-08, state law and the Jefferson County Code. Draft development
regulations were considered by the Jefferson County Planning Commission, which made a
recommendation to the BoCC.
On June 4, 2018, after public comment and public hearings, the BoCC unanimously adopted
two ordinances related to the Pleasant Harbor Master Planned Resort (PHMPR). A 2015
project-specific final supplemental EIS (FSEIS)preceded the two ordinances adopted by the
BoCC. In Ordinance No. 03-0604-18, the BoCC adopted development regulations for the
1
Regular Agenda
PHMPR. The development regulations establish zoning restrictions including allowed uses,
setbacks and height limitations, among other regulations,to restrict specific development in
the underlying zone. The development regulations do not approve development. Ordinance
No. 03-0604-18 was appealed to the Western Washington Growth Management Hearings
Board and was upheld on January 30, 2019. There was no appeal of this Growth Management
Hearings Board decision, so it is final.
The BoCC also adopted Ordinance No. 04-0604-18 on June 4, 2018. In Ordinance No. 04-
0604-18, the BoCC approved a development agreement negotiated between the County and
the developer. The development agreement approves a phasing plan for resort development as
well as conditions of approval for the future development of the Pleasant Harbor Master
Planned Resort. The development agreement states that the development agreement constitutes
a final land use action pursuant to RCW 36.70C.020. Chapter 36.70C RCW is the Land Use
Petition Act(LUPA). Ordinance No. 04-0604-18 was appealed under LUPA to the Kitsap
County Superior Court. Except for the phasing plan in the development agreement and
identification of a community center in the development agreement and related maps, on
March 28, 2019,the Kitsap County Superior Court upheld Ordinance No. 04-0604-18. There
was no appeal of this the Kitsap County Superior Court decision, so it is final. As to the
phasing plan, the court held that the development agreement
agr-acaRmit failed to provide all other conditions of the PHMPR sufficient to stand alone if no
subsequent phases are developed at the completion of Phase 1. The Superior Court held that
Phase 1 must contain a 9-hole golf course, provide for a spa, sports courts, pool, and water
slides, a community center, a recreations center, conference center, staff-quarters, a
maintenance building and commercial space. See the March 28, 2019 LUPA Decision, 9-10.
The Superior Court remanded to the BoCC the development agreement for further proceedings
consistent with the March 28, 2019 LUPA Decision.
FISCAL IMPACT:
Other than staff time, there is no fiscal impact related to the presentation or action.
RECOMMENDATION:
Receive a briefing by Staff about the proposed revised phasing language for the development
agreement,the revised phasing map, and proposed next steps.
REVIEWED BY:
<<<�_ipr ,
�
‘4,// 9,
Philip Mor :y, C-or _ . •r Date
2
"(PeeN7'xA
Philip Hunsucker
From: JT Cooke <JT@houlihan-law.com>
Sent: Tuesday, June 18, 2019 4:21 PM
To: Patty Charnas; Philip Hunsucker
Subject: Pleasant Harbor MPR--Revised Phasing Plan
Attachments: Site Phasing Plan-June 18 2019.pdf; 2019.6.14 Revised Phasing Section in DA.docx
Patty and Phil-
Attached is a revised phasing plan to comply with the Kitsap County Superior Court's Order. The recreational
components (golf course, pool, slides etc.) have been placed into the first phase. Additionally,the plan has been revised
to clarify that the recreation center also includes the community center.
Please let me know if you have any questions.
Thanks,
JT
rill HOULIHAN LAW
'00 N 3S' Street • Seattle. 4'.'A 98'33
JOHN T. {J.T.) COOKE
ATTORNEY
206.5471075 t3erzFci
206.547.1958 FAX
253 722.8267 mon i t-
www.houlihan-law,com
NOTICE:This communication may contain privileged or other confidential information. If you have received it in error, please advise
the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
1
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 modified to move"US HIGHWAY 101 AND BLACK POINT ROAD
improvements from red to purple.. 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 1 a consists of site clearing,and grading and construction of thefor golf course, road
network, building footprints, and Kettle Bstormwater storage. Commence Complete Highway
101 and Black Point intersection improvements. Commence road construction with services and
begin implementation of the vegetation management plan. Create construction materials
processing location on the golf course site.
Phase lb 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), construction of the
Golf Terrace Community/Recreation Center and Conference center/spa(including 208 units, spa
services,pool, water slides, commercial space and sports courts), construct maintenance building
and 52 units for staff quarters and formation of a utility district.
The Sea View Villas (up to 162 units) and Golf Vistas (up to 90 units) will be constructed during
the several phases. The number of units constructed during a phase may vary; however, Phase 1
shall not be deemed complete until and unless all other improvements in Phase 1 are complete.
10.1.4 Phase 2.
Phase 2a consists of construction of the Maritime Village building consisting of 66 units and
21,000 square feet of commercial, construction of a Golf Terrace (172 units)completion of the
golf course and hIalf--way house (adjacent to fairway 5), develop the new, additional well,
construction of the Golf Vistas and the Sea View Villas. Kettle C: supplementary replacement
to Kettle B, construct maintenance building and 52 units for staff quarters. Reconstruct Black
Point Road and construct new access road to WDFW boat launch.
Phase 2b consists of construction of the Golf Terrace Recr ation Center and Ce crcnec
center/spa(208 units).
10.1.5 Phase 3.
Phase 3a consists of , . ' ••• _ . .
IIS -- . ---
Phase 3b consists of construction of the remaining Golf Terraces 2, 3, and (1403-3-0 units)
construction of and the remaining 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.
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, 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.
_ -._ ..............................................
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----------------------
PLEASANT HARBOR MARINA&GOLF COURSE
HOOD CANAL
DATE:18 NE,2019
NNE,