HomeMy WebLinkAbout070119_ca04 Consent 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: July 1,2019
SUBJECT: Pleasant Harbor Master Planned Resort—Compliance with LUPA Court
Decision
STATEMENT OF ISSUE:
The BoCC should approve a motion to publish a hearing notice and set public comment for a
proposed amendment to the Pleasant Harbor Master Planned Resort Development Agreement
that complies with the March 28, 2019 decision by the Kitsap County Superior Court
remanding the development agreement to the BoCC for further proceedings consistent with the
Superior Court's order.
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 programmatic 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 on June 4, 2018. In Ordinance No. 03-0604-18, the BoCC adopted development
regulations for the PHMPR. The development regulations establish zoning restrictions
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Consent Agenda
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.
On March 28, 2019,the Kitsap County Superior Court upheld Ordinance No. 04-0604-18,
except for the phasing plan in the development agreement and a failure to identify a
community center in the development agreement and related maps. 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 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.
In a June 18, 2019 email,the developer proposed language to amend the development
agreement and revised phasing map to address the issues remanded to the BoCC by the
Superior Court. The Brinnon Group made comments to the changes proposed in the
developer's June 18, 2019 email during the BoCC public comment period on the morning of
June 24, 2019. Staff briefed the BoCC on the developer's June 18, 2019 email on the
afternoon of June 24, 2019, including how to address The Brinnon Group's June 24, 2019
comments.
Consistent with discussion at the June 24, 2019 BoCC briefing, a proposed amendment to the
development agreement that modifies the language sent by the developer on June 18, 2019 is
attached as Appendix A. A proposed hearing notice is attached as Appendix B.
FISCAL IMPACT:
Other than staff time and the cost of publishing the hearing notice, there is no fiscal impact
related to the presentation or action.
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Consent Agenda
RECOMMENDATION:
Approve a motion to publish a hearing notice and set public comment for a proposed
amendment to the Pleasant Harbor Master Planned Resort Development Agreement that
complies with the March 28, 2019 decision by the Kitsap County Superior Court
REVIEWED BY:
E-7;7
Philip Morley 'County Administrator Date
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APPENDIX B
Please publish: July 3, 2019 and July 10, 2019
Bill: Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend WA 98368
Account: 15830
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENTS ON
A PROPOSED AMENDMENT 2 TO 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
Notice is hereby given that a public hearing will be held on Monday, July 15, 2019 at 10:00 a.m.
in the County Commissioners Chambers of the Jefferson County Courthouse, 1820 Jefferson
Street, Port Townsend, WA for the purpose of taking oral and written testimony regarding the
possible approval of a Proposed Amendment 2 to 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
(Amendment 2). Amendment 2 modifies the development agreement approved by the County on
June 4, 2018 in Ordinance 04-0604-18 in order to comply with the remand order of the Kitsap
Superior Court on March 28, 2019 in in The Brinnon Group v. Jefferson County and Pleasant
Harbor Marina and Golf Resort, LLP, Case No.: 18-2-01758-18.
In addition to the July 15, 2019 Public Hearing, written testimony may be submitted from July 3,
2019 and until the close of the public hearing on July 15, 2019, addressed to the BoCC at P.O. Box
1220, Port Townsend, WA 98368 or by email at jeffbocc@co.jefferson.wa.us, unless extended by
the Board of County Commissioners.
The public may view the text the proposed Amendment 2 in-person at the Jefferson County Board
of County Commissioner’s Office located at 1820 Jefferson Street, Port Townsend, WA 98368.
Signed July ____, 2019
__________________________________
Kate Dean, Chair
Jefferson County Board of Commissioners
June 24, 2019
APPENDIX A
AMENDMENT 2
TO DEVELOPMENT AGREEMENT
BY AND BETWEENJEFFERSON COUNTY,
WASHINGTON AND PLEASANTHARBOR
MARINA AND GOLF RESORT, LLP
RELATING TO THEDEVELOPMENT
COMMONLY KNOWN AS THEPLEASANT
HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
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AMENDMENT 2TO DEVELOPMENT AGREEMENT
This AMENDMENT 2TO DEVELOPMENT AGREEMENT (“this Amendment”)
revises the DEVELOPMENT AGREEMENT approved by the Jefferson County Boardof
County Commissioners (“BoCC”) on June 4, 2018 (“theDevelopment Agreement”)in
Ordinance No. 04-0604-18andis entered into this_____day of________, 2019, by and
between PLEASANT HARBOR MARINA AND GOLF RESORT, LLP, a Washington
limited liability partnership(“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.
1RECITALS.
WHEREAS, a programmatic final environmental impact statement (“the FEIS”)
was completed in 2007; and,
WHEREAS,the FEIS preceded the January 28, 2008 zoning decision in Ordinance
No. 01-0128-08that created the master planned resort (“MPR”) zone on Black Point in
Brinnon,Washington; and,
WHEREAS,Ordinance No. 01-0128-08and the FEIS wereupheld on appeal by
the Western Washington Growth Management Hearings Board, the Thurston County
Superior Court, and ultimately the Washington Court of Appeals, Div. IIin Brinnon Group
v. Jefferson County, 159 Wn.App. 446, 245 P.3d 789(2011); and,
WHEREAS, a project-level supplemental final environmental impact statement
that built upon the FEIS was completed in2015(“the FSEIS”); and,
WHEREAS, on June 4, 2018, after public commentand public hearings, the BoCC
unanimously adoptedOrdinance No. 03-0604-18, whichapproved development
regulations for the Pleasant Harbor Master Planned Resort (“Pleasant Harbor MPR”),
including allowed uses, setbacks and height limitations, among other regulations, to restrict
specific development in the underlying MPR zone(“the Development Regulations”); and,
WHEREAS, Ordinance No. 03-0604-18and the FSEIS wereappealed to the
Western Washington Growth Management Hearings Boardand were upheld on January
20, 2019in The Brinnon Group v. Jefferson County and Pleasant Harbor Marina and Golf
Resort, LLP,WWGMHBNo. 18-2-0005, FDO (January 30, 2019); and,
WHEREAS, on June 4, 2018, after public comment and public hearings, the BoCC
unanimously adopted Ordinance No. 04-0604-18 related to the Pleasant Harbor MPR,
which approved a development agreement negotiated between the County and the
developer; and,
WHEREAS, on June 25, 2018, Ordinance No. 04-0604-18 was appealed under
Chapter 36.70C RCW is the LandUse Petition Act (“LUPA”) to the Kitsap County
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Superior Court in The Brinnon Group v. Jefferson County and Pleasant Harbor Marina
and Golf Resort, LLP(“the LUPA action”); and,
WHEREAS, on March 28, 2019, the Kitsap Superior Court issued its decision and
order in the LUPA action (“the LUPA Decision”), which was not appealed and is a final
order; and,
WHEREAS, the LUPA decision upheld the County’s decision to approve the
Development Agreement, except for the phasing plan in the development agreement and
identification of a community center in the development agreement and related maps and
remanded to the BoCC the development agreement for further proceedings consistent with
the LUPA Decision; and,
WHEREAS, on June 24, 2019, the Developer forwarded to the County a proposed
amendment to the Development Agreementand phasing map, which the County’s staff
determined satisfies the requirements of the LUPA Decision and is reflected in this
Amendment; and,
WHEREAS, this Amendment constitutes a final land use action pursuant to RCW
36.70C.020; and,
NOW THEREFORE, in consideration of the promises, covenants, and provisions
set forth in theDevelopment Agreementand this Amendment, the receipt and adequacy of
which consideration is acknowledged, the parties agree as follows:
2AMENDMENT OF PHASING.
Section 10 of the Development Agreement is replaced with the following:
10PHASING.
10.1Phasing Plan.
10.1.1Phases 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 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.
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10.1.2Requirement 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
phasesare 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.
10.1.3Phase 1.
Phase 1a consists of site clearing,grading and construction of thegolf course, road
network, building footprints, and stormwater storage. CompleteHighway 101 and Black
Point intersection improvements. Build waste water treatment plant, commence road
construction with services and begin implementation of the vegetation management plan.
Create construction materials processing location.
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 , Golf Vistas ,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 andformation of autility 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 Sea View Villa and Golf Vista 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.
10.1.4Phase 2.
Phase 2 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) half-
way house (adjacent to fairway 5), develop the new, additional well,construction of the
Golf Vistas and the Sea View Villas. Reconstruct Black Point Road and construct new
access road to WDFW boat launch.
10.1.5Phase 3.
Phase 3 consists of construction of theremainingGolf Terrace (140units)and the
remaining Sea View Villas and Golf Vistas.
10.2Preliminary Facilities.
In addition to the facilities specifically described in Section 10.1each Phase must design
adequate preliminary facilities to service the phase. Preliminary facilities are those
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preliminary facilities or improvements that must be approved and installed in concert with
the development of each phase. The preliminary facilities include the following:
10.2.1Water System.
A water system with sufficient water rights to serve the phaseor sub-phaseunder review
and approval.
10.2.2Wastewater Treatment System.
Asewer system with sufficient capacity to accommodate the waste discharge for the phase
or sub-phaseunder review and approval.
10.2.3Road Network.
A road network to accommodate the phaseor sub-phaseunder review and approval.
10.2.4Landscaping.
Landscapingfor thephaseor sub-phaseunder review and approval.
10.2.5Parking.
Associated parking for the phaseor sub-phaseunder review and approval.
10.2.6County Approval of Preliminary Facilities Required.
The County’sapproval of a phaseor sub-phase, whether by preliminary plat or other
process, shall require approval of preliminary facilities for the entire phase.The Developer
may construct preliminary facilitiesfor 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.
10.3Public Amenities and Access.
Public amenities and access are those facilities and improvements that provide resort
related activities and services. The Pleasant Harbor MPR, at a minimum, shall contain the
following resort amenities(1) a9-hole golf course; (2) spa services; (3) sports courts;(4)
pool; and (5) water slides. These amenities shall be completed in Phase 1 andmade
available to members of the general public for a fee to be established by the Developer.
3THIS AMENDMENT IS INCORPRATED INTO THE DEVELOPMENT
AGREEMENT WITH NOOTHER CHANGES.
This Amendment modifies the Development Agreement to be consistent with the LUPA
Decision made final by a lack of appeal. No other changes are made to the Development
Agreement. Except for the changes made to the Phasing Plan in the Development
Agreement in this Amendment, the language of the Development Agreement controls if
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any conflicts between the Development Agreement and this Amendment.This
Amendment shall be attached to the Development Agreement.
4REPRESENTATIONS AND WARRANTIES.
Each of the parties represents and warrants that:
(a) Eachis fully authorized to enter into this Amendment;
(b) Eachhas taken all the necessary actions to duly approve the making and
performance of this Amendmentand that nofurther approval is necessary;
(c) Eachhas read this Amendmentin its entirety and knows the contents of this
Agreement;
(d) Theterms of this Amendmentare contractual and not mere recitals; and,
(e)Eachhave signed this Amendmenthaving obtained the advice of legal
counsel.
(SIGNATURES FOLLOW ON NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
By: __________________________________
Kate Dean, Chair Date
By: __________________________________
David Sullivan, CommissionerDate
By: __________________________________
Greg Brotherton,CommissionerDate
SEAL:
ATTEST:
_______________________________________
Carolyn Galloway Date
Deputy Clerk of the Board
Approved as to form only:
________________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
________________________________________
Patricia L. Charnas Date
Director of Community Development
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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 ___________________, 2019, 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 anddeed 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 __________________, 2019.
(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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LEGEND:
PHASE - 1
PHASE-1 SHALL CONSIST OF THOSE IMPROVEMENTS AS DESCRIBED IN
SECTION 10.1.3 OF THIS DEVELOPMENT AGREEMENT
ONLY ONE KETTLE WILL BE DESIGNATED FOR STORM WATER
MANAGEMENT
PHASE - 2
PHASE-2 SHALL CONSIST OF THOSE IMPROVEMENTS AS DESCRIBED IN
SECTION 10.1.OF THIS DEVELOPMENT AGREEMENT AND
PLEASANT HARBOR
CONTINUATION OF DEVELOPMENT & CONSTRUCTION OF THE
HOUSE
FOLLOWING FROM PHASE-1:
--DEVELOPMENT AND CONSTRUCTION OF REMAINING SEA-VIEW
(NO MODIFICATION
VILLAS AND VISTA LOTS PURCHASED BY A RESIDENT/ OCCUPANT
PROPOSED)
AND APPROVED BY LENDER.
--DEVELOPMENT AND CONSTRUCTION OF 1 BUILDING OF TERRACE
EXISTING BED &
LOFTS (172 UNITS).
BREAKFAST (NO
MODIFICATION
PHASE - 3
PROPOSED)
PHASE-3 SHALL CONSIST OF THOSE IMPROVEMENTS AS DESCRIBED IN
SECTION 10.1. OF THIS DEVELOPMENT AGREEMENT AND
CONTINUATION OF DEVELOPMENT & CONSTRUCTION OF THE
FOLLOWING FROM PHASE 2:
--DEVELOPMENT AND CONSTRUCTION OF REMAINING SEA-VIEW
VILLAS AND VISTA LOTS.
--FINAL LIFT OF INTERNAL AND EXTERNAL ASPHALT AND SURFACE
PATHWAYS.
1--DEVELOPMENT AND CONSTRUCTION OF REMAINING TERRACE
0
LOFTS (140 UNITS).
1
Y
A
W
H
G
I
H
S
U
Boat Launch Road
MARITIME VILLAGE-
Farmer's Market &
D
A
Motel accomodation:
O
R
T
66 SuitesN
I
O
P
K
C
A
L
B
Intersection
improvements -
Phase 1
COMMUNITY
JEFERSON
RECREATION CENTER +
TRANSIT & MASON
208 SUITES HOTEL OVER
TRANSIT STOP
WASTE WATERMAINTENANCE/ STAFF
(PROPOSED)
TREATMENT PLANTBUILDING: 52 staff housing
Parking
+265+250
+265
+270
7
+150
+270
+260
+225+125
+250
+130
GOLF VISTA:
Single Family
8
44 lots
+160
FUTURE OUTDOOR
AMENITY SPACE
+270
1
+175
+240
+250
9
6
KETTLE B
3
LOSS DRAIN FIELD
+200
GOLF VISTA:
Single Family
TERRACE
17 lots
LOFTS: Multi
Family Building
312 units.
+200
+200
2
+220
ZIP LINE
170'
CONSTRUCTION
+210
FUTURE OUTDOOR
85'
AMENITY SPACE
KETTLE C
GOLF VISTA:
+225
Wells
Single Family
16 lots
+200
+250
+275
+225
+230
GOLF VISTA:
Single Family
lots - 13 lots4
+220
+280
+240
+200
+200
+210
+175
+175
5
+225
+200
SEA VIEW
+185
VILLAS:
162 Units
0100500
200' SHORELINE
ENVIRONMENT &
SCALE IN FEET
CONSERVATION
EASEMENT
PROPOSED PHASING OF OVERALL SITE
PLEASANT HARBOR MARINA & GOLF COURSE
DATE: 18 JUNE, 2019