HomeMy WebLinkAbout08 0722 19STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting an Amended )
Development Agreement for the Pleasant ORDINANCE NO. 08-0722-19
Harbor Master 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 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;" 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 June 4, 2018, after public comment and public hearings, the Board unanimously
adopted Ordinance No. 03-0604-18, the development regulations for the Pleasant Harbor MPR;
and
WHEREAS, Ordinance No. 03-0604-18 was appealed to the Western Washington Growth
Management Hearings Board and was upheld on January 30, 2019; and
WHEREAS, there was no appeal of the January 30, 2019 Growth Management Hearings Board
decision, so it is final; and
WHEREAS, the Board also adopted Ordinance No. 04-0604-18 on June 4, 2018, which approved
a development agreement negotiated between the County and the developer; and
WHEREAS, the development agreement approved a phasing plan for resort development as well
as conditions of approval for the future development of the Pleasant Harbor MPR and stated that
it constituted a final land use action pursuant to RCW 36.70C.020, a section in the Land Use
Petition Act (LUPA); and
WHEREAS, Ordinance No. 04-0604-18 was appealed under LUPA to the Kitsap County Superior
Court; and
WHEREAS, on March 28, 2019, the Kitsap County Superior Court reversed Ordinance No. 04-
0604-18 (March 28, 2019 LUPA Decision) for only the following reasons:
1. The phasing plan 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; and
2. Phase 1 did not include amenities required for the MPR including a 9 -hole golf course,
a spa, sports courts, pool, and water slides, a community center, a recreations center,
conference center, staff -quarters, a maintenance building and commercial space; and
2
WHEREAS, the court remanded to the Board the development agreement for further proceedings
consistent with the March 28, 2019 LUPA Decision; and
WHEREAS, there was no appeal of the March 28, 2019 LUPA Decision, so it is final; and
WHEREAS, on June 18, 2019, Pleasant Harbor Master Planned Resort, LLC ("Developer")
proposed language to amend the development agreement and revised phasing map to address the
issues remanded to the Board; and
WHEREAS, on June 24, 2019, The Brinnon Group made comments to the changes proposed in
the developer's June 18, 2019 email during the Board public comment period; and
WHEREAS, on June 24, 2019, Staff briefed the Board on how to address The Brinnon Group's
June 24, 2019 comments; and
WHEREAS, a revised amendment to the development agreement was submitted to the Board, a
clean copy of which is attached as Appendix 1 ("Amended Development Agreement"), along with
a hearing notice for possible approval on July 1, 2019; and
WHEREAS, on July 1, 2019, the Board approved a hearing notice published on July 3 and 10,
2019, setting a public hearing on July 15, 2019 on the staff proposed amendments to the
development agreement to comply with the March 28, 2019, the Kitsap County Superior Court
order; and
WHEREAS, on July 15, 2019, following timely and effective public notice and in accordance
with JCC 18.45.090, the Board held a public hearing on the Amended Development Agreement;
and
WHEREAS, the Board received public testimony on July 15, 2019, and extended the hearing for
accepting written testimony until July 17, 2019 and met on July 22, 2019 to deliberate on the
complete hearing record, for the Amended Development Agreement; and
WHEREAS, the Board finds that the Amended Development Agreement addresses the issues in
the March 28, 2019 LUPA Decision on which the court reversed Ordinance 04-0604-18 by:
1. Amending the phasing plan so that all conditions of the PHMPR are sufficient to stand
alone if no subsequent phases are developed at the completion of Phase 1; and
2. Amending Phase 1 to include amenities required for the MPR including a 9 -hole golf
course, a spa, sports courts, pool, and water slides, a community center, a recreations
center, conference center, staff -quarters, a maintenance building and commercial
space; and
WHEREAS, the Board finds that the combination community center and recreation center
proposed for Phase I satisfies the requirement of a community center, as the County has three
other community centers that also are used for recreation; and
WHEREAS, the purpose of this Ordinance is to specifically adopt the Amended Development
Agreement, in order to comply with the March 28, 2019 LUPA decision 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, Ordinance 03-604-
18, and Ordinance 04-604-18; and
WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety
to enter into the Amended Development Agreement.
NOW THEREFORE be it ordained:
Section 1 - Approval of Development Agreement, As Amended. The Amended Development
Agreement (Appendix A) is approved and the Board is authorized to sign the Amendment on
behalf of the County.
Section 2. Findings. The Board hereby adopts the above recitals (the "WHEREAS" statements) as
its findings of fact in support of this Ordinance.
Section 3 - Effective Date. This ordinance is effective immediately upon adoption.
APPROVED and ADOPTED this 22nd day of July, 2019.
W'SEAL JEFFERSON COUNTY BOARD OF
AT�'F
Erin Lundgren �J
Clerk of the Board
Approved as to form only:
,�,r./L4, s
Philip C. Hunsucker ate
Chief Civil Deputy Prosecuting Attorney
4
hrlr 22 'T f t?
July 22, 2019
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 TO DEVELOPMENT AGREEMENT
This AMENDMENT 2 TO DEVELOPMENT AGREEMENT ("this Amendment")
revises the DEVELOPMENT AGREEMENT approved by the Jefferson County Board of
County Commissioners ("BoCC") on June 4, 2018 ("the Development Agreement") in
Ordinance No. 04-0604-18 and is entered into this Z� day of, , 2019, by and
between PLEASANT HARBOR MARINA AND GOLF RESO T VLP, 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.
1 RECITALS.
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. 01-0128-08 that created the master planned resort ("MPR") zone on Black Point in
Brinnon, Washington; and,
WHEREAS, Ordinance No. 01-0128-08 and the FEIS were upheld on appeal by
the Western Washington Growth Management Hearings Board, the Thurston County
Superior Court, and ultimately the Washington Court of Appeals, Div. II in 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 in 2015 ("the FSEIS"); and,
WHEREAS, on June 4, 2018, after public comment and public hearings, the BoCC
unanimously adopted Ordinance No. 03-0604-18, which approved 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. 03-0604-18 and the FSEIS were appealed to the
Western Washington Growth Management Hearings Board and were upheld on January
20, 2019 in The Brinnon Group v. Jefferson County and Pleasant Harbor Marina and Golf
Resort, LLP, WWGMHB No. 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 Land Use Petition Act ("LUPA") to the Kitsap County
1
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 Agreement and 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 the Development Agreement and this Amendment, the receipt and adequacy of
which consideration is acknowledged, the parties agree as follows:
2 AMENDMENT OF PHASING.
Section 10 of the Development Agreement is replaced with the following:
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 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.
2
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, grading and construction of the golf course, road
network, building footprints, and stormwater storage. Complete Highway 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 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 , Golf Vistas , construction of
the Golf Terrace Community/Recreation Center (See Appendix S to FSEIS) 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 water and sewer 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.
10.1.4 Phase 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.
10.1.5 Phase 3.
Phase 3 consists of construction of the remaining Golf Terrace (140 units) and the
remaining Sea View Villas and Golf Vistas.
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, at a minimum, shall contain the
following resort amenities (1) a 9 -hole golf course; (2) spa services; (3) sports courts; (4)
pool; (5) water slides; and, (6) a Community Center/Recreation Center (See Appendix S to
FSEIS). These amenities shall be completed in Phase 1 and made available to members of
the general public for a fee to be established by the Developer.
4
3 THIS AMENDMENT IS INCORPRATED INTO THE DEVELOPMENT
AGREEMENT WITH NO OTHER 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
any conflicts between the Development Agreement and this Amendment. This
Amendment shall be attached to the Development Agreement.
4 REPRESENTATIONS AND WARRANTIES.
Each of the parties represents and warrants that:
(a) Each is fully authorized to enter into this Amendment;
(b) Each has taken all the necessary actions to duly approve the making and
performance of this Amendment and that no further approval is necessary;
(c) Each has read this Amendment in its entirety and knows the contents of this
Agreement;
(d) The terms of this Amendment are contractual and not mere recitals; and,
(e) Each have signed this Amendment having obtained the advice of legal
counsel.
(SIGNATURES FOLLOW ON NEXT PAGE)
E
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
MBy: C :%/ f
Kate Dean, Cha' Date
By:
David Su Ivan, Commissioner Date
By:
Greg ro 1w tqn, Commissioner Date
SEAL:
ATTEST':
Erin Lundgren Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Pros cuting Attorney
llzq
atricia L. Charnas ate
Director of Community Development
M
PLEASANT HARBOR MARIlA AND GOLF RESORT, LLP
.0
M. Garth Mann
Its: Manager
Date:
Acknowledgement
STATE OF WASHINGTON )
ss
COUNTY OF S S QA
On this ��o day of , 2019, before me, the undersigned, a Notary
Public in and for the State oe Washington, duly commissioned and sworn, personally
appeared Melvin G. Mann, to me known to be the person who signed as manager of
Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited liability company
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said limited liability company for the uses and
purposes therein mentioned, and on oath stated that he was duly elected, qualified and
acting as said officer of the limited liability company and that he was authorized to execute
said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this `fin day of ��
, 2019.
�N C OL
'
Si natur of Not
al ® Z
11
\G o
o " BLPU
(Print or stamp name of Notary)
o3.1...0�
NOTARY PUBLIC in a for the State
W�Ps��'���\
of Washington, residing atl.� v -
My Appointment Expires:
7
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EASEMENT
Exhibit 4
PROPOSED PHASING OF OVERALL SITE
PLEASANT HARBOR MARINA & GOLF COURSEHOOD CANAL
DATE: 18 JUNE, 2019 �I