HomeMy WebLinkAbout010Michelle Farfan
From: VMorrisCS@aol.com
Sent: Tuesday, February 02, 2010 11:05 AM
To: dwjohnson@co.jefferson.wa.us
Cc: AMackie@perkinscoie.com; Garth M@statesmancorporation.com;
peckassoc@comcast.net; NProft-Carlson@gmharchitects.com;
ascalf@co.jefferson.wa.us; shoskins@co.jefferson.wa.us; KRentz@perkinscoie.com
Subject: Re: Pleasant Harbor Priority Work Items for Development Agreement and SEIS
Attachments: DraftDevelopmtAgrmt-Jan13-10.DOC; DraftZoning0rdinance-Janl3-10.pdf;
MatrixOfPriorityWorkItems-Janl3-10.DOC
In a message dated 2/2/2010 9:11:09 A.M. Pacific Standard Time, AMackie@perkinscoie.com writes:
I recommended that Vicki provide he and Stacey with a copy of the draft development agreement with the list of
required items to make sure (1) the development agreement covers all necessary items, and (2) they agree with
the chosen level of detail that Garth would be free to seek grading and development permits consistent with the
ordinance SEIS and development agreement in 2011 without a new SEIS so long as there are no material
changes.
David
Attached are current (1/13/10) drafts of the proposed Development Agreement and Zoning Ordinance for the Pleasant
Harbor Marina and Golf Resort, and Sandy Mackie's list of Priority Work Items to generate the documents and information
needed for attachment to the Development Agreement and for use in preparing the SETS. At Sandy's request, I am
submitting these for review by you, Stacie and Al to confirm (or add to) the list to make sure that none have been omitted
that would require an additional SEIS before initial permits could be issued for the project.
Thank you,
Vicki
Vicki Morris Consulting Services
7732 18th Avenue NE
Seattle, WA 98115-4426
206.522.8057
Cellular: 206.501.8227
FAX: 206.523.4648
PLEASANT HARBOR MARINA AND GOLF RESORT MPR
STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF A RESOLUTION ) Resolution No.
to enter into a Development Agreement )
with land owned by Pleasant Harbor )
Marina and Golf Resort, LLP per Chapter )
36.70B.170 and Chapter 36.70B.200 )
Revised Code of Washington )
The Jefferson County Board of Commissioners enters the following findings:
On August 28, 1998 the BOCC adopted Resolution No. 72-98 establishing the Jefferson
County Comprehensive Land Use Plan in accordance with the Growth Management Act
Chapter 36.70A RCW.
2. In 1998 BOCC adopted Resolution No. 72-98 providing for Master Planned Resorts in
areas of significant natural amenity and identified Black Point/Pleasant Harbor as a
potential setting.
In 2002 the BOCC adopted Ordinance 13-1213-02 approving the Brinnon Subarea Plan
and identifying the Black Point Pleasant Harbor area within the subarea as an appropriate
location for a Master Planned Resort (MPR).
4. On January 28, 2008, the Board of County Commissioners adopted Ordinance 01-0128-
08 approving alternative 1 of the proposal by Pleasant Harbor Marina and Golf Resort,
LLP as the Comprehensive Plan guide for development of a Master Planned Resort at
Pleasant Harbor. The Comprehensive Plan approval required the adoption of
development regulations and a development agreement to implement the plan and permit
the project to move forward with approvals. Copies of the Ordinance adopting the
Comprehensive Plan amendment are attached as Exhibit A.
5. On the BOCC adopted Ordinance No. as
development regulations for the Pleasant Harbor Marina and Golf Resort. Copies of the
adopted development regulations are attached as Exhibit B. [drafts of Chapters 17 and
18]
6. Pursuant to Chapter 36.70B.170 RCW Jefferson County may enter into a Development
Agreement with a person having ownership of real property within Jefferson County.
7. Land Use and Rural Strategy C, Master Planned Resort, Action Item 3 of the
Comprehensive Plan (page 3-94) allows for the adoption of a Development Agreement
between Jefferson County and the developer of the Master Planned Resort pursuant to
Chapter 36.70.B.170.RCW.
57577-0006/LEGAL 17530226.1 Attachment 3
The Board of County Commissioners finds that the Development Agreement is consistent
with the applicable development regulations adopted by Jefferson County under Chapter
36.70A RCW.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Jefferson
County, Washington, as follows:
1.0 The adoption of Pleasant Harbor Marina and Golf Resort Development Agreement
(attached hereto as Exhibit C) covering approximately 252 acres of land owned by
Pleasant Harbor Marina and Golf Resort, LLP and located in Jefferson County furthers
the public's health, safety and welfare by allowing development to take place in a
predictable manner consistent with the County's Comprehensive Plan and [adopted
development regulations].
2.0 The Board intends this Resolution shall apply to all land owned by Pleasant Harbor
Marina and Golf Resort, LLP, to the extent permitted by law.
3.0 Effective Date. This resolution shall become effective on the day of ,
2010.
4.0 Adoption. Adopted by the Jefferson County Board of Commissioners this day of
, 2010.
SEAL: JEFFERSON COUNTY
BOARD OF COMMISSIONERS
ATTEST:
, Clerk of the Board
APPROVED AS TO FORM ONLY:
Jefferson County Prosecuting Attorney
Al Scalf, Director
Department of Community Development
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Phil Johnson, Chairman
David W. Sullivan, Member
John Austin, Member
"EXHIBIT C"
PLEASANT HARBOR DEVELOPMENT AGREEMENT
PARTIES, PLANNING CONCEPT and RECITALS
1.1 PARTIES
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this _ day
of , 2010, by and between PLEASANT HARBOR MARINA AND GOLF RESORT,
LLP, a Washington corporation (referred to a "Developer") and JEFFERSON COUNTY, a
municipal corporation under the laws of the State of Washington. This Agreement relates to real
property consisting of some 252± acres owned by Developer and located in Jefferson County,
Washington within the area known as the Pleasant Harbor Marina and Golf Resort Master
Planned Resort or "Pleasant Harbor MPR."
1.2 PLANNING CONCEPT AND VALUE
A plan for future buildout of Developer's Property within the Pleasant Harbor MPR
promotes growth management and planning objectives of the County, including reasonably
priced housing; innovative and sensitive land development with clustering and critical area
tracts; environmental protection; creative mix of resort, commercial and residential uses; and
sustainable economic vitality.
1.3 RECITALS
1.3.1 The Washington State legislature finds that the lack of certainty in
the approval of development projects can result in a waste of public and private resources,
escalate housing costs for consumers and discourage the commitment to comprehensive
planning which would make maximum efficient use of resources at the least economic cost to
the public. RCW 36.70B.170.
1.3.2 Jefferson County is a municipal corporation under the laws of the
State of Washington with authority to enact laws and enter into agreements to promote the
health, safety and welfare of its citizens, including the approval of land use plans and
development.
1.3.3 The County is authorized by state law to enter into a development
agreement that will set forth the requirements for future development in the Pleasant Harbor
MPR. RCW 36.70B.170.
1.3.4 Pleasant Harbor has been designated formally as a Master Planned
Resort, as defined in RCW 36.70A.362, in the Jefferson County Comprehensive Plan
adopted on January 28, 2008 by Ordinance 01-0128-08.
1.3.5 In keeping with the Growth Management Act's purpose of
promoting wise use of land through coordinated planning efforts, the Jefferson County
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Countywide Planning Policies and the Comprehensive Plan anticipate completion of the
Pleasant Harbor MPR.
1.3.6 This Agreement relates to the future development of all real
property within the Pleasant Harbor MPR.
1.3.7 The Pleasant Harbor MPR has a variety of designated uses
including residential, resort, community facilities, Village Commercial Center, open space
and recreational areas, including a golf course and marina. [Q: Do we still have a Village
commercial center as a separate area or is it integrated into the hospitality area?]
1.3.8 The coordination of land use decision-making involving large land
areas, such as Pleasant Harbor MPR, provide unique opportunities for the benefit of the
County and the existing and future residents of the Pleasant Harbor MPR.
1.3.9 The County has determined that the coordinated planning of
Pleasant Harbor MPR furthers the goals of the County, as reflected in the Countywide
Planning Policies and the Comprehensive Plan.
1.3.10 The parties to this Agreement acknowledge the Zoning Ordinance
for the Pleasant Harbor MPR is in conformance with the standards set forth in the
Countywide Planning Policies and the Jefferson County Comprehensive Plan and is
consistent with the goals and requirements of the Growth Management Act.
1.3.11 All parties acknowledge there is a development cap for the
Pleasant Harbor MPR in terms of total number of residential units, 890, and a limitation on
permanent residents of no more than 10% of the total units, and seasonal tourist units of 40%
subject to an overall limitation that short-term residential units must at all times be not less
than 65%, as set forth in zoning chapter adopted by the Board of County Commissioners on
January 28, 2008 in Ordinance 01-0128-08.
1.3.12 Buildout of Developer's Property is expected to occur over the
next five to ten years. Developer, Jefferson County, Brinnon community groups and
members of the public at large will invest considerable time in the County permit and review
process for the future buildout of Developer's Property. A development agreement is an
appropriate way of providing certainty over time with respect to permitted densities, uses,
development standards and other aspects of the development review process.
1.3.13 The parties to this Agreement acknowledge the provision for
public services necessary to the site are subject to memorandums of understanding with
public service agencies for sewer, water, schools, police/security, fire/EMS and transit, and
copies of those agreements are attached as Exhibits J (sewer), I (water), N-1 (schools), N-2
(fire/EMS), N-3 (police/security), N-4 (transportation). Agreements concerning other
matters under County control, including Public Works Department and County
Commissioner requirements are addressed directly through this Agreement.
1.3.14 Pursuant to RCW 36.70B.200, this Agreement was the subject of a
fifteen (15) day comment period, which ran to 2010, and a hearing was held
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before the Jefferson County Board of County Commissioners on , 2008. The
Board of County Commissioners reviewed and took official action adopting this Agreement
on 2010.
2. DEVELOPER PROPERTY ELEMENTS
2.1 DEVELOPER'S PROPERTY
The Developer's Property consists of approximately 252 acres plus a DNR lease for
marine tidelands. The Developer's Property is described with particularity in Exhibit 1. A map
showing the location of the proposed parcels and planned development on each on Developer's
Property within the Pleasant Harbor MPR is attached as Exhibit 2.
EXHIBIT ACTION ITEMS:
Exhibit 1 Karen: Use the legal and map we just received from Pat B, together
with an additional legal including the "omitted parcel" and take the omitted parcel off of
the Beehler map as that parcel is in the MPR.
Exhibit 2. Craig: I need a parcel map showing the specific development
proposed to each parcel. Since we do not yet have a plat, the parcel map properties need
to be described by meets and bounds, which can then be used presently for the recorded
zoning map (See Exhibit 3 below) and later to make the application for preliminary plat
or binding site plan as the case may be.
2.2 PLEASANT HARBOR MPR DESIGNATED ZONES
The Pleasant Harbor MPR includes the following designated zones, with permitted uses
as defined in Pleasant Harbor MPR Zoning Chapter of the Jefferson County Code, attached as
Appendix A:
Marina Village Commercial (MPR -MVC)
Marina Village Residential (MPR -MVR) )
Golf Resort Commercial s (MPR-GRC
Golf Resort Residential Village (MPR-GRRV)
Open Space Reserve (MPR-OSR)
EXHIBIT ACTION ITEMS, Appendix A
Sandy: Marina Village Commercial needs to be changed to reflect permitted uses in
shoreline buffers per amended Shoreline Master Program.
Garth and Natalie: The zones need to be checked to make sure they still conform to the
needs of the Resort, and that you can build the planned resort within the defined limits.
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Report any necessary changes to Sandy for changes in the text for the attachment and
recommended zones by parcel to Craig for incorporation in the Master Plan map.
2.3 MAP OF MASTER PLANNED RESORT AND PERMITTED USES
Attached as Exhibit 3 is a map of the Pleasant Harbor MPR with zones identified in a
recordable format
EXHIBIT ACTION ITEM, Exhibit 3
Craig—Zoning map in recordable format—this is based on the lots and uses created in
Exhibit 2, but without the buildings or other development shown, and with specific zones for
each parcel identified.
DEVELOPMENT STANDARDS
3.1 PERMITTED LAND USES AND DENSITY STANDARDS; ZONING
The permitted land uses, regulator standards and density standards for development
within Developer's Property are set forth in the Pleasant Harbor MPR Zoning Code chapter of
the Jefferson County zoning code, attached as Appendix A.
3.2 PLANNING GOALS AND OBJECTIVES
The planning goals adopted by Jefferson County in the Comprehensive Plan shall be the
policy guidance and the foundation for all future development of Pleasant Harbor MPR. The
existing Comprehensive Plan policies for the Pleasant Harbor MPR are attached as Appendix B.
[Note: We cannot propose any new comprehensive plan goals, as that would require
the Development Agreement to be considered as part of the annual comprehensive plan
cycle. As written the development agreement and zoning changes implement an existing
comprehensive plan and therefore may be adopted at any time SEPA and required public
hearings are complete.]
3.3 SURFACE WATER STANDARDS
All future development within the Pleasant Harbor MPR shall be subject to the Jefferson
County Stormwater Management Code, JCC 18.30.070. A copy of the Code section is attached
in Appendix C. The County shall be responsible for the management of surface water in all
public road rights of way, easements accepted by the County for maintenance and other areas
dedicated to the public.
ACTION ITEM: Karen: On your checklist include an item:
Check the date of the code attached to make sure the code attached is up to date with all
required amendments.
3.4 CRITICAL AREA STANDARDS
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57577-0006/LEGAL 17530226.1
The critical areas, boundaries of such critical areas are allowed uses within the critical
areas of the Pleasant Harbor MPR shall be determined based upon the Jefferson County Critical
Areas Code, Chapter 18.22 JCC. A copy of the Code section is attached in Appendix D.
ACTION ITEM: Karen: On your checklist include an item:
Check the date of the code attached to make sure the code attached is up to date with all
required amendments.
3.5 PLATTING STANDARDS
Platting within Pleasant Harbor MPR shall be pursuant to RCW 58.17 and the Jefferson
County Land Division Code, Chapter 18.35 JCC, and within the time frames adopted by
Jefferson County pursuant to the 1995 Regulatory Reform Legislation, ESHB 1724 (ch. 347,
Laws of 1995), as codified in Land Use Application Procedures, Chapter 18.40 JCC. A copy of
the Code sections are attached in Appendix E (Chapter 18.35 JCC) and F (Chapter 18.40 JCC).
ACTION ITEM: Karen: On your checklist include an item:
Check the date of the code attached to make sure the code attached is up to date with all
required amendments.
3.6 SHORELINE MASTER PROGRAM
All future development within the Pleasant Harbor MPR shall be subject to the Jefferson
County Shoreline Master Program, Chapter 18.25 JCC, in effect as of the date of this
Agreement. The property in question has two shoreline zones:
a. Pleasant Harbor: High intense use
b. Southerly shoreline: Conservancy [need to confirm both]
A copy of the applicable Shoreline Master Program guidelines for development is
attached as Appendix G. Except as attached, any shoreline development shall conform to the
Shoreline Master Program in place at the time of a completed application for development.
3.7 ADDITIONAL DEVELOPMENT STANDARDS
Additional Development Standards as identified in Chapters 12.05, 12.10, 12.15, and
18.30 JCC , as they exist as of the date of the adoption of this Ordinance. A copy of the
applicable Code sections are attached in Appendix H.
ACTION ITEM: Karen: On your checklist include an item:
Check the date of the code attached to make sure the code attached is up to date with all
required amendments.
3.8 PLEASANT HARBOR MPR WATER SERVICE
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Water main extensions and water system improvements that may be required to serve the
Pleasant Harbor MPR shall be installed in conformance with the approved water system plan of
the [water purveyor], the Jefferson County Coordinated Water
System Plan and the Washington State Department of Heath and all other applicable laws,
ordinances, rules and regulations. A copy of the applicable Water Service plan is attached in
Appendix I.
ACTION ITEMS:
1. Author? This action item is the water system plan approved by WDOE as a
precondition to any development.
2. Garth: Water systems are typically run by municipal corporations. Since your project
contemplates more than 15 hook ups, it needs to be approved as a Class A water system operated
by an existing purveyor or by a new water district created by you. If we need to organize a new
water district, let us know as that does take time. If we are going to use Jefferson County PUD
or some other purveyor you need to have a contract identifying who that would be.
3.9 PLEASANT HARBOR MPR SEWER SERVICE
Sewer mains and sewer system improvements that may be required to serve Developer's
Property shall be installed in conformance with the most current, approved specifications and
requirements of the [purveyor] General Sewer Plan, as approved by the
Department of Ecology, and all other applicable laws, ordinances, rules and regulations. A copy
of the applicable plan is attached in Appendix J.
ACTION ITEMS:
1. Author? This action item is the sewer system plan approved by WDOE as a
precondition to any development.
2. Garth: Sewer systems are typically required to be run by municipal corporations.
Since your project contemplates a water discharge permit for operating and maintenance of a
sewer, we need to identify a purveyor to operate the program, or incorporate a new sewer district
water district to operate the system. If we need to organize a new district, let us know as that
does take time. If we are going to use Jefferson County PUD or some other purveyor, you need
to have a contract identifying who that would be, as the SEIS needs to address any
environmental consequences of the proposed district. (Small districts raise the issue of what
happens if the district cannot afford to operate the system because operational costs are too high
and system failure occurs—is there a back up this can be a big deal as potential system failure on
Hood Canal would be grounds to deny the project. Typically a PUD or other larger entity not
dependent solely on the revenues from the project is preferable.
3.10 POLICE
Jefferson County shall provide police services within the Pleasant Harbor MPR
consistent with the Memorandum of Understanding (MOU) attached as Appendix N-3.
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ACTION ITEM:
Garth and Sandy: Document any specific agreement with the Sheriff on facilities made
available, service calls, and private security rights and limits (e.g. armed or not and minimum
training standards). The draft MOU must be an attachment to the Development Agreement to be
considered as part of the SEIS.
3.11 FIRE AND EMS SERVICE
Fire and EMS services within the Pleasant Harbor MPR shall be provided by Jefferson
County Fire District No. 4. Mitigation fees associated with development, if any, shall be
determined and paid pursuant to applicable state and local law as set forth in the MOU attached
as Appendix N-2.
ACTION ITEM:
Garth and Sandy: Document any specific agreement with the fire district and EMS on
facilities or equipment made available at each phase (if any) and "fire smart' or other specific
design guidelines and limits to be imposed. The draft MOU must be an attachment to the
Development Agreement to be considered as part of the SEIS.
3.12 SCHOOLS
School services to the resort are provided by the Brinnon School District. Mitigation fees
associated with development, if any, shall be determined and paid pursuant to applicable state
and local law as set forth in the MOU attached as Appendix N-1.
ACTION ITEM:
Garth and Sandy: Document any specific agreement with the school district on services
and facilities made available, to both Brinnon and Quilcene. (The school district must identify
per pupil costs and deduct tax revenue (about 1/3 of total property tax from the project site)
before making any economic demands. The draft MOU must be an attachment to the
Development Agreement to be considered as part of the SEIS.
3.13 TRANSPORTATION
Public transportation services to the resort are provided by Jefferson County Transit.
Mitigation fees associated with development, if any, shall be determined and paid pursuant to
applicable state and local law as set forth in the MOU attached as Appendix N-4.
ACTION ITEM:
Garth and Sandy: Document any specific agreement with Jefferson Transit on services
and facilities made available. The draft MOU must be an attachment to the Development
Agreement to be considered as part of the SEIS.
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4. FLEXIBILITY AND MODIFICATION OF PLEASANT HARBOR MPR PROPERTY
DEVELOPMENT ELEMENTS, STANDARDS FOR DEVELOPMENT AND OTHER
MITIGATIONS BY COUNTY
The development of the Pleasant Harbor MPR described in this Agreement, including the
Exhibits and Appendices, provides the desired initial definition and certainty of the Pleasant
Harbor MPR property buildout. However, the parties acknowledge that modifications to the
proposed development will occur during the buildout period in order to achieve a variety of
purposes, including: incorporation of new information; responding to changing community and
market needs; encouraging reasonably priced housing; and encouraging modifications that
provide comparable benefit or functional equivalent with no significant reduction of public
benefits or increased cost to the development (collectively, "Flexibility Objectives").
4.1 COUNTY PROCESSING AND REVIEW
4.1.1 County Review Procedures and Standards
The review and approval of proposed development applications proposed by
Developer for Developer's Property shall be pursuant to the Pleasant Harbor MPR (Appendix A)
and the County's Land Use Application Procedures Ordinance, Chapter 18.40 JCC, which is
attached in Appendix F.
ACTION ITEM: Karen: On your checklist include an item:
Check the date of the code attached to make sure the code attached is up to date with all
required amendments.
4.2 SEPA COMPLIANCE
4.2.1 Prior EIS. The parties acknowledge that potential impacts and
mitigation measures for certain future development of the Pleasant Harbor MPR have been
reviewed in prior environmental documents for the Comprehensive Plan, published
November 27, 2007. The parties acknowledge that the prior EISs reviewed potential impacts
and mitigation regarding potential development on a programmatic level and were not
project -specific EISs.
The prior reviews were published in the following documents:
• Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort
(September 5, 2007);
• Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(November 27, 2007);
3.2.2 Concurrent SEIS. Pursuant to Condition 63b of Ordinance 01-
0128-08, the County required a supplemental impact statement on the planned final
configuration of the MPR, and the systems designed to address the conditions and
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environmental consequences of the MPR as identified in the FEIS (Chapter 5) and Condition
63 a-dd in Ordinance 01-0128-08.
The SEIS was published in the following documents:
Draft Supplemental Environmental Impact Statement for Pleasant Harbor Marina and
Golf Resort (_date_);
Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(_date;
3.2.3 Future SEPA Review for Individual Projects. The parties agree
that this Agreement and the prior EISs referenced in Sections 3.2.1 and 3.2.2 above satisfy
the requirements of Chapter 43.21C RC W, implementing regulations, and Ordinance 01-
0128-08, Condition 63b for the matters covered and set forth the regulations and mitigation
requirements to be applied to future Developer Property development proposals consistent
with this Agreement. The parties further agree that new environmental review (SEPA
compliance) as required by Condition 63b of Ordinance 01-0128-08 shall be required for any
new or modified future project that is not covered in the materials already reviewed in the
documents above and not otherwise categorically exempt from SEPA review. For any such
new or modified proposal, relevant information from prior EISs shall be used to the fullest
extent possible in future SEPA review. This review may result in adoption of the prior EISs,
issuance of an addendum or supplement to the prior EISs, or issuance of a new threshold
determination of non -significance or significance, incorporating information from the prior
EISs. The scope of future environmental review shall be limited to considering only
information of how or whether the new or modified projects differ from or exceed the scope
of the prior EISs and resulting potentially significant adverse impacts relating to project
differences or changed scope.
[Note: The purpose of this section is to imbed the current FEIS and SEIS reports in the
system for purpose of future plats; grading permits; water, sewer and transportation systems
serving the project and shield them from further environmental review unless changes are
made that differ from the approved model.]
ACTION ITEM:
Vicki needs to identify in the introduction to the SEIS that the materials presented cover not
only the programmatic elements of the zoning ordinance and Development Agreement, but
through the Development Agreement,'. also control project development to the extent
described. In this manner, future permit requests for permits will have already been covered.
To achieve this the SEIS needs to identify a permit list for matters covered, which include
shoreline, stormwater, grading,., preliminary and final plat, binding siteplan, water system
plan, installation and operation sewer system plan, installation and operation JARPA
applications, construction and installation of planned improvements shown on the master
plan and described in the maps and technicalreports.
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3.2.4 Nothing in this Section shall release Developer or its successors,
successors in title, or assignees from complying fully with the terms of the Pleasant Harbor
MPR Comprehensive Plan Amendment, Ordinance 01-0128-08 (Appendix A) regarding the
mandatory Supplemental EIS that is and shall be required for any future changes or additions
to `resort plan development' approved in this Development Agreement as required in Section
63(b) of the Pleasant Harbor MPR Comprehensive Plan Amendment.
4.3 VESTING OF DEVELOPMENT STANDARDS AND MITIGATION
All development proposed on Developer's Property shall be vested to and governed by
the terms of this Development Agreement and the Pleasant Harbor MPR chapter of the Jefferson
County Zoning Code, and code standards attached to this Agreement effective on the date of the
adoption of this Agreement (as defined in Section 3.1 and Appendices A- ) and shall be
implemented through plats, short plats, binding site plans boundary line adjustments, site
development permits, building permits and other permits and approvals issued by the County.
The vesting period shall be the same as the term of this Agreement. Except as otherwise
provided in Section 4.3.1 through 4.3.3 below, any new or different development standards
adopted by the County during the term of this Agreement shall not apply to Developer's
Property. To the extent this Agreement does not establish standards or requirements covering a
subject, element or condition, then the development approval sought shall vest to and be
governed by the County codes, regulations and standards in effect upon the date of the future
complete application. The development standards identified in this Agreement shall apply to
Developer's Property for the term of this Agreement, except:
4.3.1 Public health or safety requirements. The Board of County
Commissioners reserve the authority to modify one or more of the standards or requirements
of development for the Pleasant Harbor MPR during the term of the Agreement, after notice,
a public hearing and adoption of findings and conclusions, to the extent required to avoid a
serious threat to public health or safety, as provided in RCW 36.70B.170.
4.3.2 Endangered Species Act and other Federal mandates. The Board
of County Commissioners reserved the right to enforce new or different standards of
development mandated by federal or state law, such as the Endangered Species Act.
4.3.3 Building code limitations. Notwithstanding the foregoing, the
International Building Code, Uniform Fire Code and other construction codes in effect on the
date of the development application, building permit or other construction application shall
apply, except no code changes after the date of this Agreement shall require retrofitting or
modification of utilities, facilities or other infrastructure which are installed or approved to be
installed in accordance with this Agreement unless such retrofitting or modifications are
required to avoid a serious threat to public health or safety.
4.4 AFTER TERMINATION
Any development applications for Pleasant Harbor MPR submitted after the expiration of
this Agreement shall be vested to the development standards in effect at the time of the
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submission of a completed development application pursuant to the then -effect state and local
law.
5. PHASING
Pleasant Harbor and Marina Resort is a resort with independent and severable components or
"phases." The two major divisions include (1) the golf resort located south of Black Point Road
and (2) the marina resort and related facilities north of Black Point Road, which may be
developed consecutively (in any order) or concurrently. Within the major divisions,
development may be phased as identified in Attachments - . While phases may be
developed independently, each phase shall be required to complete those improvements
identified as "necessary" for phase approval as shown on the phase maps attached to secure
"final plat approval" for the phase or certificate of occupancy for improvements within the
phase.
ACTION ITEM:
Garth, Natalie and Craig: We need two series of maps, one entitled Marina series and the other
Golf course series. In each series we need a master map showing the lots and improvements for
the entire series and then individual maps showing planned improvements by phase. Each
phasing map needs to contain a list of prerequisites to development:
Required improvements developed in advance of or concurrently with the phase'
List mandatory elements for any new development including water and sewer
plans, grading/stormwater plan, required infrastructure improvements, marina
management and monitoring plan for the marina side, golf course grading plan,
golf course management plan, wetland mitigation plan, transportation
infrastructure, etc. for each phase.
We will also identify a PRE MPR phase, which will allow remodeling, dock
maintenance and enhancement parking and drive improvements associated with
existing facilities that would likely have marina management and monitoring plan
and required transplantation improvements shown, but can precede approval of
water and sewer etc.
5.1 PRELIMINARY FACILITIES
Preliminary facilities are those preliminary facilities or improvements that must be
approved and installed in concert with the development of the first phase for new development of
either of the two major series. The preliminary facilities include the following:
5. 1.1 Transportation. The entrance road at Black Point Road connecting to both
the golf resort entrance and the marina entrance (including the improvements to link with the
WDFW ramp access).
5.1.2 The well and water system with sufficient water rights to serve the phase
under review and approval.
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5.1.3 The sewer system with sufficient capacity to accommodate the waste
discharge for the phase under review and approval.
5.2 THE GOLF RESORT
5.2.1 Phase 1 [Is this still current?] shall be the hotel and conference center and
shall include the 52 units of apartments for staff housing, the lot for the central sewer and water
facilities and dedication of the open space tracts. In addition to preliminary facilities, Phase 1
shall include all elements of the wetland protection program, storm water control program and
grading program for the entire golf resort site. Phase 1 shall also provide a preliminary plat for
the overall development of the site with tracts identified for open space, critical areas and the
golf course and development lots for the individual residential sections. Easements for
temporary access shall be provided to golf storm water.
5.2.2 Phase 2—[Is this still current?]The residential and recreational tracts. The
preliminary plat shall require approval of landscaping, pathway and roadway networks for the
entire plat, but the applicant may construct roads and pathways for each lot or tract in
conjunction with development of that lot or tract to provide public access, circulation and
emergency access. The final plat may be recorded by lot or tract provided all of the preliminary
facilities are complete and the specific development requirements within each lot or tract are
complete.
ACTION ITEM:
Garth, Natalie and Craig—You need to identify the lots on which the various phases are to be
constructed, showing physical development on the lots and the infrastructure necessary to
support the development. Given the 'state of the economy, Garth may want to have several
smaller phases rather than two big ones, since they can easily be combined but not reduced in the
future if circumstances warrant.
5.3 THE MARINA RESORT
5.3.1 The marina resort has two phases that are mutually independent, the
Marina Center, which includes areas within the jurisdiction of the Shoreline Management Act
and are shown on Exhibit and consists of the existing marina and marina support facilities
and structures in the Shoreline area and shoreline buffer area. All of the marina support facilities
shown on Exhibit are considered "water dependent" uses and/or "public access uses" that
are lawful conforming and permitted uses under the Shoreline Master Program attached at
Appendix . Such facilities may be maintained, developed, redeveloped and expanded
within the shoreline area as permitted by the attached master program and codes.
ACTION ITEM:
Garth, Natalie and Craig: We need the shoreline map showing all of the facilities and services
serving the marina. This includes roads, buildings, docks, parking lots, etc. The purpose is to
get the County to agree that they area all `water dependent uses" under the current code.
Nonconforming uses cannot be expanded or changed in any way that increases the extent of
nonconformity, nor can they be moved. 'Hence very important to get this point locked down.
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Also, this phase may be eligible for remodel and other work (fuel tanks etc) this year.
Remember any major work requires a shoreline substantial development permit, which is a
public hearing process so work planned for the summer needs to be permitted now as it take 4-6
months for even a simple shoreline permit.
5.3.2 Marina Residential .The balance of the Marina resort is comprised of the
Marina residential area as shown on attachment
ACTION ITEM:
Garth, Natalie and Craig: You need to decide if this is one or more phases (no shoreline permit
required), but may have transportation and other consequences arising from work in the shoreline
phase.
6. GENERAL PROVISIONS
6.1 GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws and
regulations of the State of Washington.
6.2 BINDING ON SUCCESSORS AND SUCCESSORS IN TITLE; ASSIGNMENT;
RELEASE OF LIABILITY
6.2.1 This Agreement shall be binding upon and inure to the benefit of
the successors, successors in title and assigns of Developer and each of its related entities
executing this Agreement and upon the County.
6.2.2 Assignment. The parties acknowledge that development of
Pleasant Harbor MPR may involve sale and assignment of portions of Developer's Property
to other persons who will own, develop and/or occupy portions of Developer's Property and
buildings thereon. Developer shall have the right to assign or transfer all or any portion of
the respective interests, rights or obligations under this Agreement or in Developer's
Property to other parties acquiring an interest or estate in all or any portion of Developer's
Property, including transfer of all interests through foreclosure (judicial or non judicial) or by
deed in lieu of foreclosure. Consent by the County shall not be required for any transfer of
rights pursuant to this Agreement.
Upon the transfer or assignment under this Section 6.2.2, where the transferee
agrees to assume obligations hereunder pertaining to the property transferred or assigned, the
transferee shall be entitled to all interests and rights and be subject to all obligations under this
Agreement pertaining to the property transferred or assigned, and Developer shall be released of
liability under this Agreement for the property transferred or assigned, but shall retain liability
for any breach which occurred prior to the transfer of rights to another party and for those
portions of the Property still owned by Developer.
6.2.3 Release of Liability. Developer shall be released of all liabilities
and obligations under the Agreement if: (a) Developer provides notice to the County of an
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Assignment of the Agreement and (b) the assigned has assumed in writing the obligations of
the Agreement. If the conditions for release are met under this sub -section, then from and
after the date of transfer, Developer shall have no further liability or obligation under the
Agreement, and the assignee shall exercise the rights and perform the obligations of
Developer under the Agreement for that portion of Developer's Property acquired by the
successor or assign. The parties acknowledge that Developer may transfer or assign title to a
portion of Developer's Property in any manner consistent with this Agreement. Should the
transfer or assignment of title relate to only a portion of Developer's Property, then the
release of liability pursuant to this paragraph shall only apply to acts or omissions arising
from or related to the portion of Developer's Property being assigned or transferred.
6.3 RECORDING; RELEASE AS TO RESIDENTIAL DEVELOPMENT
This Agreement shall be recorded with the Jefferson County Auditor against Developer's
Property as a covenant running with the land and shall be binding on Developer, its successors,
successors in title and assigns. Upon the approval of a final plat, a condominium declaration or
other approved land division in compliance with this Agreement that relates to residential
development of Developer's Property, then there shall be executed and recorded with the
Jefferson County Auditor a release of the covenant solely with respect to that particular and
specific parcel or parcels of real property that received final plat approval, filed a condominium
declaration or was the subject of other approved land division, provided however, residential
development shall continue to be subject to any conditions, covenants and restrictions applicable
to the particular property.
6.4 INTERPRETATION; SEVERABILITY
6.4.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the County's authority to enter into such
agreements, and this Agreement shall be construed to reserve to the County only that police
power authority which is prohibited by law from being subject to a mutual agreement with
consideration. The parties acknowledge the County has police powers, contracting authority
and other powers granted by the Washington State Constitution and by general law, including
without limitation home rule charter authority, authority to enter into interlocal agreements
(see RCW Ch. 39.34), statutory enabling legislation and authority to adopt development
regulations as part of annexations (see RCW 351.14.330), and the Development Agreement
Statute (see Ch. 347, 1995 Wash. Laws, Part V, § 501-06).
6.4.2 Severability. If any Material Provision of this Agreement is
determined by a court of law to be unenforceable or invalid, then the remainder of the
Agreement shall remain in full force and effect. Further, as to those Material Provisions held
by a court of law to be unenforceable, the parties shall confer and agree to amend the
Agreement to implement the mutual intent of the parties to the maximum allowed by law.
6.5 AUTHORITY
The County and Developer, each represents it has the respective power and authority to
execute this Agreement.
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6.6 AMENDMENT
This Agreement shall not be amended without the express written approval of the County
and Developer (or its successors, successor in title and assigns with respect to the property in
which they have an interest). The Board of County Commissioners must approval all
amendments to this Agreement by ordinance or resolution and only after notice to the public and
a public hearing.
6.7 EXHIBITS AND APPENDICES
Exhibits 1, 2 and 3 and Appendices A through O are incorporated herein by this reference
as if fully set forth. In the event of any conflict or inconsistency between the Exhibits and
Appendices and the main body of this Agreement, the main body of this Agreement shall
control.
6.8 HEADINGS
The headings in this Agreement are inserted for reference only and shall not be construed
to expand, limit or otherwise modify the terms and conditions of this Agreement.
6.9 TIME OF ESSENCE
Time is of the essence of this Agreement in every provision hereof. Unless otherwise set
forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action
occurs on a weekend or legal holiday, then the time period shall be extended automatically to the
next business day.
6.10 INTEGRATION
This Agreement represents the entire agreement of the parties with respect to the subject
matter hereof. There are no other agreements, oral or written, except as expressly set forth
herein.
6.11 DISPUTE RESOLUTION/MEDIATION
In the event of any dispute relating to this Agreement, all parties upon the request of any
other party, shall meet within the five (5) business days to seek in good faith to resolve the
dispute. The County shall send a department director or the qualified lead planner and other
persons with information relating to the dispute, and Developer shall send an owner's
representative and any consultant or other person with technical information or expertise related
to the dispute. If the parties are unable to reach amicable resolution of a dispute within fourteen
(14) days of the written notice of dispute issued by one of the parties, the parties agree that they
will immediately identify a mediator and participate in mediation in good faith. The selected
mediator shall have documented experience and expertise in Washington land use law. The
mediation shall be completed within 60 days of the original written notice of dispute by one of
the parties. The parties agree to work cooperatively to select a mediator with land use and real
estate experience. Each party will identify and propose to the other party three potential
mediators. Between the proposed mediator lists, the parties will select a mutually agreeable
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mediator to resolve the dispute. If the parties are unable to reach a resolution following timely
mediation, each party reserves the right to seek resolution and pursue remedies available under
this Agreement and at law. The parties agree that the cost of mediation pursuant to this
paragraph shall be borne equally by the parties to this Agreement.
6.12 DEFAULT AND REMEDIES
No party shall be in default under this Agreement unless it has failed to perform a
material provision under this Agreement for a period of thirty (30) days after written notice of
default from any other party. Each notice of default shall specify the nature of the alleged
default and the manner in which the default may be cured satisfactorily. If the nature of the
alleged default is such that it cannot be reasonably cured with the thirty (30) day period, then
commencement of the cure within such time period and the diligent prosecution to completion of
the cure shall be deemed a cure. Any party not in default under this Agreement shall have all
rights and remedies provided by law including without limitation damages, specific performance
or writs to compel performance or require action consistent with this Agreement. In recognition
of the possible assignment and sale of portions of Developer's Property (see Section 4.2.2), any
claimed default shall relate as specifically as possible to the portion of the Property involved and
any remedy against any party shall be limited to the extent possible to the owners of such portion
of remedies which do not adversely affect the rights, duties or obligations of any other non -
defaulting owner of portions of Developer's Property under this Agreement. The prevailing
party (or the substantially prevailing party if no one party prevails entirely) shall be entitled to
reasonable attorneys fees and costs.
6.13 NO THIRD PARTY
This Agreement is made and entered into for the sole protection and benefit of the parties
hereto and their successors in title and assigns. No other person shall have any right of action
based upon any provision of this Agreement. Members of the general public shall not have any
cause of action or enforceable rights under this Agreement.
6.14 CONSTRUCTION
This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the document
shall apply to the interpretation or enforcement of this Agreement.
6.15 NOTICE
All communications, notices and demands of any kind which a party under this
Agreement requires or desires to give to any other party shall be in writing deposited in the U.S.
mail, certified mail postage prepaid, return receipt requested, and addressed as follows:
To the County:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
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cc: Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
7370 Sierra Morena Blvd. SW
Calgary, AB T3H 41-19
Canada
cc: Alexander W. Mackie
Perkins Coie LLP
1201 Third Avenue, Suite 4800
Seattle, WA 98101-39099
6.16 ESTOPPEL CERTIFICATES
Within 30 days following any written request that any party or a Mortgagee may make
from time to time, the other party shall execute and deliver to the requesting person a statement
certifying that: 1) this Agreement is in full force and effect, and stating any formal amendments
to the Agreement; 2) to the best of the knowledge of the certifying party, no notice of default has
been sent and no notice of violation of applicable laws has been issued regarding the project; and
any other reasonably request information. Failure to provide a timely response to the requesting
party shall be deemed conclusive evidence that the Agreement is unmodified and in full force
and effect and that no notices of default or violation have been issued. Issuance of estoppel
certificates is an administrative matter within the County. The County shall have no liability to
the requesting party if it provides an estoppel certificate in good faith and with reasonable care.
6.17 COOPERATION
The parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The parties agree to take further actions and execute
further documents, whether jointly or within their respective powers and authority, to implement
the intent of this Agreement.
6.18 INDEMNIFICATION
Except as otherwise specifically provided elsewhere in this agreement and any exhibits
hereto, and to the fullest extent possible under the law, each party shall protect, defend and
indemnify and hold harmless the other parties and their officers, agents and employees, or any of
them, from and against all claims, actions, suits, liability, loss, costs, expenses and damages of
any nature whatsoever, which are caused by or result from any negligent acts or omissions of the
indemnifying party's own officers, agents, or employees in performing services pursuant to this
Agreement. If any suit based upon such a claim, action, loss, liability or damage is brought
against any party or parties, the party or parties whose negligent acts or omissions give rise to the
claim shall defend all parties at the party or parties' sole cost and expense, and if a final
judgment is rendered against the other party or parties or their officers, agents or employees or
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jointly the parties and their respective officers, agents or employees, the parties whose actions or
omissions give rise to the claim shall satisfy the same, provided that, in the event of concurrent
negligence, each party shall indemnify and hold the other parties harmless only to the extent of
that party's negligence. This indemnification hereunder shall be for the benefit of the County as
a municipal entity and not for the benefit of the general public. Under no circumstances will the
County be responsible for costs, claims, losses, damages or expenses associated with the
existence or enforcement of any conditions, covenants and restrictions recorded against the
residential properties within the Pleasant Harbor MPR.
6.19 NO WAIVER
No waiver by any party of any term or condition of this Agreement shall be deemed or
construed as a waiver of any other term or condition, or a waiver of any subsequent breach,
whether of the same or a different provision of this Agreement.
6.20 NO PRIVATE CCR ENFORCEMENT BY COUNTY.
The parties acknowledge and agree that nothing in this Agreement shall alter, infringe
upon, modify, change, limit or restrict the ability or powers of the existing neighborhood, tract or
subdivision property owner or lot owner associations from enforcing, interpreting and utilizing
any and all covenants, conditions or restrictions that pre-exist this Agreement or covenants,
conditions or restrictions recorded with the Jefferson County Auditor after the effective date of
this Agreement.
The parties further acknowledge and agree that Jefferson County bears no responsibility
for the enforcement, interpretation or resolution of any dispute, filing, grievance, complaint or
appeal that might arise as a result of recorded covenants, conditions or restrictions relating to
tracts, subdivisions, lots or parcels within the Pleasant Harbor MPR. Pursuant to section 4.13, no
third party may use the dispute resolution mechanism provided within this Agreement to resolve
disputes regarding recorded covenants, conditions or restrictions associated with Pleasant Harbor
MPR.
6.21 QUALIFIED LEAD PLANNER
Pursuant to Section 17.60.060 of the Pleasant Harbor MPR Zoning Code chapter, the
Director of Community Development shall appoint a qualified planner to serve as the lead
planner for the Pleasant Harbor MPR. The lead planner shall review or coordinate review of all
land use applications with the Pleasant Harbor MPR boundaries, and shall serve as the initial
point of contact for citizens seeking information on development proposals or planning issues in
the community.
6.22 TERM
The term of this agreement shall be twenty (20) years from the effective date.
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6.23 EFFECTIVE DATE
The effective date shall be the date of the adoption of a resolution by the Jefferson
County Board of County Commissioners approving this Development Agreement.
6.24 ENTIRE AGREEMENT
This Development Agreement consists of the Resolution approving the agreement, the
agreement pp. 1- , Exhibits 1-4, and Attachments A-_ of even date.
JEFFERSON COUNTY
Jefferson County Board of County
Commissioners
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APPROVED AS TO FORM:
Prosecuting Attorney
Al Scalf
Director of Community Development
PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP
Attachments:
Exhibit 1 — Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property and
Pleasant Harbor Marina, LLC Property
Exhibit 2 —Land Use Map of Developer's Property (parcels and development proposed)
Exhibit 3 —Pleasant Harbor Marina and Golf MPR Land Use Map (Zoning map showing zones
by parcel with legal descriptions in recordable form)
Exhibit 4 — Phasing plans [examples of possible titles shown]
A. Marina Shoreline Phase
B. Marina Upland Phase
C. Golf Course Construction Phase
D. Golf Course Resort Facility Construction Phase I
E. Golf Course Resort Facility Construction Phase 1I
F. Golf Course Residential Facility Construction Phase I
G. Golf Course Residential Facility Construction Phase 11
Appendix A — MPR zoning chapter, Title 17 and 18 as amended
Appendix B — Pleasant Harbor Comprehensive Plan policies
Appendix C — Stormwater Management Code, Chapter 18.30.070 JCC
Appendix D — Critical Area Code, Chapter 18.22 JCC
Appendix E — Land Division Code, Chapter 18.35 JCC
Appendix F — Land Use Application Procedures Code, Chapter 18.40 JCC
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Appendix G — Shoreline Master Program, Chapter 18.25 JCC
Appendix H — Additional development standards, Chapters 12.05, 12.10, 12.15, and 18.30 JCC
Appendix I — Water Service Plan [from SEIS]
Appendix J — Sewer Service Plan [from SEIS]
Appendix K — Golf Course Management Plan [from SEIS]
Appendix L — Marina Management Plan [from SEIS]
Appendix M — Transportation Plan [from SEIS]
Appendix N — Memorandum of Understanding
1. Schools
2. Fire/EMS
3. Police/Public safety
4. Transportation
Appendix O — Green Built/Green House Gas Reduction Program [from SEIS]
Appendix P... —[additional reports identified through SEIS compliance review]
Note: Appendices A -P to be provided at the time of SEIS draft issuance.
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STATE OF WASHINGTON )
ss
COUNTY OF )
On this day of , 2008, 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 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 day of , 2008.
(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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EXHIBIT 1
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101, and together
with leased tidelands supporting the Pleasant Harbor Marina; all as illustrated at Figure 1-5, page
1-4 of the Brinnon Master Planned Resort FEIS issued November 27, 2008.
[Karen to attach 151 page of recorded survey—need reference]
Parcel A APN 502153002
The Northeast 1/4 of the Southwest'/4 of Section 15, Township 25 North, Range 2 West, W.M., in
Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through, across
and over the following described property:
Beginning at the Southeast corner of the Southwest 1/4 of the Northwest 1/4 of said Section 15;
thence run West, along the South line of said Southwest 1/4 of the Northwest 1/4, approximately
175 feet to the Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line when
measured at right angles;
thence East, parallel to said South line, to the East line of said Southwest 1/4 of the Northwest 1/4;
thence South 30 feet to the point of beginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said Section
15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East % of the Northwest 1/4 of the Southwest 1/4 of Section 15, Township 25 North, Range 2
West, W.M., in Jefferson County, Washington;
Except that portion thereof, lying within a strip of land conveyed to the State of Washington, for
State Road No. 9, Duckabush River -North Section, by deed dated August 28, 1933, and
recorded under Auditor's File No. 70817, records of Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel C APN 502153023
Those portions of Sections 15 and 22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
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The Southwest 1/4 of the Southeast'/4 and Government Lot 7 of said Section 15, and Government
Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest'/4 of the Southeast 1/4, and East of the Southerly prolongation of said West line;
Also Except that portion of the West 100.00 feet of said Government Lot 7, lying Southerly of
the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting upon the West 11/2 in width of said Government Lot 2, in said
Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest'/4 of the Southeast'/4 of Section 15, Township 25 North, Range 2
West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor's File No. 223427, records of said County;
Except that portion described as follows:
That portion of the Northwest 1/4 of the Southeast'/4 of Section 15, Township 25 North, Range 2
West, W.M., described as follows:
Beginning at a point of intersection of the East line of the Northwest 1/4 of the Southeast 1/4 and
the Southerly margin of the Black Point Road;
thence South along the said East line, a distance of 300 feet;
thence West 350 feet;
thence North to the point of intersection with the Southerly margin of the Black Point Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington
Parcel E APN 502152005
That portion of the Southwest 1/4 of the Northwest 1/4 of Section 15, Township 25 North, Range 2
West, W.M., described as follows:
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of way of
State Highway 101;
Except the right of way for Black Point Road as conveyed to Jefferson County by deed recorded
under Auditor's File Nos. 223427 and 410399, records of Jefferson County, Washington.
Also Excepting Therefrom the following tract:
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Beginning at the Southwest corner of Government Lot 3;
thence North 88° 23' 07" West 308.14 feet to the Southeasterly right of way of State Highway
No. 101, and the true point of beginning;
thence Southwesterly along said Highway, 117 feet,
thence South 88° 23' 07" East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest '/a of the Northwest 1/4, 100
feet West of said high tide line;
thence North 88° 23' 07" West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25 North,
Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25 North,
Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25 North,
Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats, pages
221 to 223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of Jefferson County,
Washington,
Except that portion of Lot 1 described as follows:
That portion of Government Lot 3 abutting second class tidelands in Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington, being more particularly described
as follows:
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Commencing at the North'/4 corner of Section 15, Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington;
thence South 88° 13' 42" East along the North line of said Section 15 for a distance of 364.50
feet to the point of beginning;
thence continuing South 88° 13' 42" East 238.76 feet to the line of mean high tide;
thence South 61' 12' 00" West along the line of mean high tide 34.78 feet;
thence North 40° 41' 54" West along the line of mean high tide 3.31 feet;
thence South 62° 36' 19" West along the line of mean high tide 26.83 feet;
thence South 87° 54' 36" West 166.65 feet;
thence North 21' 21' 05" West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in front of,
adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats, pages
221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10, records of
Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in front of,
adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest'/4 of the Southeast 1/4 of Section 15, and Government Lot 2 of
Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County, Washington,
described as follows:
The East 345.00 feet of said Southwest 1/4 of the Southeast 1/4, as measured along the North line
thereof,
Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of
the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Those portions of the Southwest 1/4 of the Southeast 1/4 of Section 15, and Government Lot 2 of
Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County, Washington,
described as follows:
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The East 520.00 feet less the East 345.00 feet of said Southwest 1/4 of the Southeast 1/4, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of
the West line of said East 520.00 feet and the West of the Southerly prolongation of the East line
of said East 345.00 feet.
Situate in the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest'/4 of the Southeast'/4 of Section 15, and Government Lot 2 of
Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County, Washington,
described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest'/4 of the Southeast 1/4, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of
the West line of said East 695.00 feet and West of the Southerly prolongation of the East line of
said East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
DNR LEASE PARCELS
LEASE PARCEL N: OWNED BY THE STATE OF WASHINGTON
THAT PORTION OF PLEASANT HARBOR SITUATE IN FRONT OF A PORTION OF
GOVERNMENT LOT 3, SECTION 15, TOWNSHIP 25 NORTH, RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15 AS
ESTABLISHED FROM REFERENCE POINTS AS SHOWN ON APPLICATION FOR
PERMIT TO TEMPORARILY REMOVE OR DESTROY SECTION CORNER, OR OTHER
LAND BOUNDARY MARK OR MONUMENT, DATED APRIL 30, 1990 ON FILE WITH
DEPARTMENT OF NATURAL RESOURCES, OLYMPIA, WASHINGTON, WHICH
BEARS NORTH 46008'29" EAST. 3732.93 FEET FROM A 2" IRON PIPE MARKING THE
WEST QUARTER CORNER OF SAID SECTION 15; THENCE SOUTH 80°07'06" EAST
584.00 FEET. TO THE POINT OF BEGINNING, BEING THE LINE OF EXTREME LOW
TIDE OF PLEASANT HARBOR AS DERIVED FROM ELEVATIONS MEASURED ON
JUNE 2,1996; THENCE SOUTH 30°00'00" EAST, 430.10 FEET; THENCE SOUTH 64°25'16"
WEST, 1713.82 FEET; THENCE NORTH 29°28'36" WEST, 326.90 FEET TO THE LINE OF
EXTREME LOW TIDE OF PLEASANT HARBOR AS DERIVED FROM ELEVATION
MEASURED ON JUNE 2,1996; THENCE NORTH 72°55'18" EAST, ALONG SAID LINE OF
EXTREME LOW TIDE 59.05 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
64004'53" EAST, 125.61 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
-29-
57577-0006/LEGAL 17530226.1
73°31'43" EAST, 128.17 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
53°33'50" EAST, 164.93 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
58°37'57" EAST, 56.97 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
64°39'28" EAST, 94.46 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
42°00'23" EAST, 75.51 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
72028'26" EAST, 325.91 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
47°28'31" EAST, 188.89 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
55002'50" EAST, 56.89 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
40°40'37" EAST, 73.61 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
50°59'48" EAST, 122.10 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
60°28'57" EAST, 77.29 FEET; THENCE CONTINUING ALONG SAID LINE NORTH
76°27'44" EAST, 113.57 FT; THENCE CONTINUING ALONG SAID LINE NORTH
58°46'51" EAST, 75.93 FEET TO THE POINT OF BEGINNING.
LEASE PARCEL O: OWNED BY THE STATE OF WASHINGTON
ALSO THAT PORTION OF PLEASANT HARBOR SITUATE IN FRONT OF A PORTION
OF GOVERNMENT LOT 3, SECTION 15, TOWNSHIP 25 NORTH, RANGE 2 WEST, W.M.
JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15 AS
ESTABLISHED FROM REFERENCE POINTS AS SHOWN ON APPLICATION FOR
PERMIT TO TEMPORARILY REMOVE OR DESTROY SECTION CORNER, OR OTHER
LAND BOUNDARY MARK OR MONUMENT, DATED APRIL 30, 1990 ON FILE WITH
DEPARTMENT OF NATURAL RESOURCES, OLYMPIA, WASHINGTON, WHICH
BEARS NORTH 46008'29" EAST. 3732.93 FEET FROM A 2" IRON PIPE MARKING THE
WEST QUARTER CORNER OF SAID SECTION 15; THENCE SOUTH 80°07'06" EAST
584.00 FEET. BEING THE LINE OF EXTREME LOW TIDE OF PLEASANT HARBOR AS
DERIVED FROM ELEVATIONS MEASURED ON JUNE 2,1996; THENCE SOUTH
30000'00" EAST, 430.10 FEET; THENCE SOUTH 64025'16" WEST, 1713.82 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 64°25'16" WEST, 25.00 FEET;
THENCE NORTH 78020'30" WEST, 319.82 FEET TO THE LINE OF EXTREME LOW TIDE
OF PLEASANT HARBOR AS DERIVED FROM ELEVATIONS MEASURED ON JUNE 2,
1996; THENCE NORTH 31°45'36" EAST, ALONG SAID LINE OF EXTREME LOW TIDE
240.98 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 61'43'46" EAST, 54.58
FEET; THENCE SOUTH 29°28'36" EAST, 326.90 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON.
APN 502152017 (Bed and Breakfast)
Lot 4 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records
of Jefferson County, Washington, being a portion of Section 15, Township 25 North, Range 2
West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
-30-
57577-0006/LEGAL 17530226.1
JIIII1111 1U IIIiNllBoll'��515Z30.w
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57577-0006/LEGAL 17530226.1
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EXHIBIT B -I TO UDC AMENDMENT APPLICATION
PLEASANT HARBOR MARINA AND GOLF RESORT MPR
Title 17
MASTER PLANNED RESORTS
Title 17, Article 1, Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17. Article 11. PI -asant Harbor MPR (17,60-17,90)
hanter 17.§0, General Provisions
17.60.010 Authority.
This titk1"dQRt9mmupnt to Chanter 36.70 RCW
• 1 • 1 • 7 . 1.. 1 1 ' .1 •
1� 1•
17.60.030 Purpose and int"LL
_-_ Th -e nurtnst<stnd intcnt of.th�P_Lcncant__ Har.�s�_r_IYIPlt_cncLc�s_to sct forth dcyciopin�v_.
te�u 'onS t at co >?1.Y with an�are ns' t. wit efferson Count`�preh�n�s_yoJ'1an
or fi,tuXe dcxe(Qtuellt_within.tht:ndflries of thAlca: Harizor Marina andS�olf Resort
Mast . Planned Resort.
17,60.040 Rules of internratadon-
The.f�ll�in� rules��v in mAking interiare_ttttiQn.SQf�h� terms and condition�taine_d
. re'
(.1) 01111 )U I:.Le.,iU-w-oirds-usciittthe title shalLltse,narmaLand c&q=a
meaniess spccjfic-ali6 ped otherwise in thi"ti�.
(2) Words wi he nres_ettt2n$V iuclU& the futurxtense
01 The [)lural includesthPsi.ogular and yjce-vp�sa,
{4) The words "will" and "shall" ar�ntand;itory
U The words "may" -a " ho-yld Un ate -thatdiscretion is �,
(6) Thu yar " Lwd" includes designed intendq amnt�eri nr intFndW-t. b
(7) Them
aSsa►.line.,gendeLincluciets the feminine and vieC:!yersa
57577-M ULFGA L 13572118.3 -1- 415:08
Attachment 2
s i r 1 Add 1'tionftLrequjrgnjmtL
of Title
: • : • 1 •.i F•1 1 1 1 !'• � 1.11-1 ••-
sl! �,• •11.1 �_-_II' 1 1 ! •1 1 :.• 1 s . - -.• 1111 :.! 1
1' 7►' 1 _ • • 1 / 1 Is 1 61 ICC! 1' 1 r • 11 • 1' !' ',•!.41:�
gMement, shail• • 't • • sn_! • YWopmtnLwAhin-the-Master
Planned Resort.
1% 1 : 1
1c/ :1•
Chapter : LAmas-spgdfiolLyj=Lmdi
S_tews • 1 1 • •4t?ll. !1.! 1.' ' �"! ,sr! •► \/,!, ' s1/ 1 •t •' •;1 •
Chapter: 11 1' \/419'11.1 U! ' • i1
s� _ _.ilt_� •
(10) Chapter 90,48 -ICC, D at nn -q-
. ..._....�. �--`--�-!-1• .' 111_._......
• sr - : 1 •
localand state monitoringamorptippal l! Ilil?'11 1 '! 11 1 for
1 •
r( I I Ouglified lead Wanner.
The director 1 1 , �It Il'� _• .•111 • •rp 1 1. �.1• 1t a qualifie!
planner t• serme gS the - s • ..l 1 - 1 MI ' : s 1-MaTboc Master Planned • t 1 I' < •
planner—shall reyie, 1 •• 1i • s 111� s•1 s • 1 1 1' 1/'t ••.1 41
1 nfQrmiation on developm ' 1
s s
17.60.070 Public notice raster.
_shc do munil-d Joj)rneol shi111establisli-andmaintaim_a_twhUc-uQtic
rostcrAvlaich-shall.b,sssllcLtmy
isl€nszliczfJa�a�plisattiQnsiShitt� e>b�t�daries,
Tl)P-Pl ..- r -QT—. _L3,1 Atcr shall.suds;must-an"flicr.lisjs)f-Datxt_PNs. or addresses to which
thc..department.ero�dcs public.. noAitjn—f-o-rmali-ML-AnYpprsgn.or Q;gunizQ ipgjgty-pcMest to be
addcd tapirrsistcr.iiuny titnsi.
17.60.080 Anniic.ah Uty.
The provisions of this title shall onnly IQ-aUand, all associate -Aolg azU eas�n lR
and struGtuces wilhin_the_boundg.n�2f the. Master_elanned_Qcso tof Pleasant Harbor Marinn and
QIfResort as depicted onIl gUand use, or Jefferson County.WoshingtsZta,
uired.
No structure shall hereafler he ere_eted_ttnd no existing structu hallrhe move. cc)�erc�i,
as�lnr,=d-nar.sb nd cc strurturpjr,,y.-,W-or-arranged-to-b.e-used.for-a!I ,1
t2icm..s� "then that that which is f jlowin r ten rs as
t
-2- an cull
57577•(XX)I-LL'GALI35721 M3
acne tt in the? i ► 'stnst~iRahich the structure or.land is.Lcat , nor ShulLnny_lund_or
struc_ tut'e_U used in any mannc,rgontran m_ani.thgrV& jWjnga ,,jRe�tfied._in.this_titic.
17.60100
The
Rx mntinnQ
following S1nwm res and usesshallll be eX=
tbg regulations
-01- title. but
are -o 'est
to all oftLaQplicttble IQW_ state and fed�raj�rcg�
ns�ittc djnti
]zut not limited to
thel-- linty bu�jlding
Qcsijnunce interim critical arca- ordinance
the shoreline
mn emcntlya=
tzrQgram�and
the Stalc.�nyjrQr>mCnta ' Y Act_���
(11 Wires.
cahl _c rnnrluits�Ya� lS nines mains valves
tank.�.s2�uSl�ez�milar_eQujnment�o_r
the disldbutionAQ-c-onsumers
Of telephQae oLother Communications
electricity
as or water or
the collection
of sewn +e or SLrfa�. or subsurfa_cc �vgte o ratted
or moiWain
d y�
no_Y�rn[tlental
cq ' or A �b1ic�RLpriYaie�liljiv ar other cminly
frnnchised utilitLS lt�luslii�;
customary
meter nedotals, telcls.�list�tliionlrAn,
'otmers and
tem rare lit litY
f'�ciliti.�scauir�.dutxn�
t�ui�dings�znstt�tciian whcth�f anys�t_c
fa ilit is I
c�ltecl uncj�rsulnd
or_ahp.y -g
nd• but on y when suchfaciliii "rdggtcd in
a stye pt right-of-w.ny-r_n.an
baseit, This
exenlptign shall nottl�� & o +nd �l�ctral
substAtjQns,
sc�yat:�p�imrz
slilttRns_oz tL�trnentlttnts.�LRQtable
wat [orae lank or
asjlities. which
shajl=gilite
itional
use approypi in anv zone w�ermi ted;
(2`) Mlmad-trac
.-signals �iimjlAcfttcilitio
ansi f.Q11ipment
localp.d on milrszad
rib'11Lof--way.
and maintenance.and._rcpair�ls`yu- tciL�aciliti
nd eauillm
II1
{_i Teles
one booths atld RedcSiillS.11ndcrfirOund UtiI1tY
CgUI ent mailbnxcs,hus,.shcltcrs.
informational
kiosks. public bicvc eltecs,gL jmiltttstxuef�tr�or
device
is fotind�L�lhe
ciir�tor of cornmunitysl�yelgnment
to be pg�r �y j��k���
whjch
a public
interest;
. (41 Minor
eonstntetion ncliXities, as defined by the 1BC
._..___S'�
S tion tncl_sSntctures
c�.ctn�t lnd���.05 Jt,��as�tmcn�esl;
(�} �iLAlYA_gLt�Si�IliLQ[�,fa�itLCa-associatg
with_And.AeQessory
to new
deYcjQpment�lLc
permitted in
all zona A Y boYe-=und-lctention.facilit"r-nond
shall he
scm,=U�g
pubjl.CARl1t-Qf.�aY,¢LAp12rQprlat!~IY1andSCaped
to cnSpC� CQ1ilpatiblllL___y�clih_I�lc�.rLo11n�1ing
arra.
17.60.110 Non nnfarntina uses and stralclures,
�______.1~xistirt��e�,aa.xesid cntiuLancLnan_r�sislcntinl_1i<tld�tscs.�niLslna�tur�in�11_�oncs_ct1`thc
Mash Pt&nnedsRcso_rt_ arc. lnw ful_us ana rn�y be c�ntinucd�undccthc prszvisjons.ot
1 8.2.0.260,
17.60.120 Provisions binding n the a"
T, e -ions Of this.scc ion sholl apply to i ny_ubscatfcnt=vnm essc s,,t_p__s or
rs_w
otheith_gaintggA-i Ltbcpropertysubicct to-th� mosicLglanncd-rte inciudinl;,�thut.>Loj
limitcd_to su=ssors in inicrcst�holdcts of anv rsordcsLjnter�'sl_X�cordec tiubasuus;nLtcztbc
MPR-apnmyal. community assQciatiQ ,[Q ' ' Y Rmidemins-spacial senic"istrictswo eras in
w,ithjn the R grga,
-3- r5 08
57377-nnn 1- LEGAL 13572118.3
17,70,010 Purposr.
assn pj "%v iAhe ugsort-gnd
17,70,020 Permitted uses on the MPR-GRC zone,
W—Hotels and associated us -s•
(2) Con&mnc no
S—hA
�qoLqq tfig�;
ggtj
lit ics,.i n.cItuli ng-gol f,-swimjni ill.,
7fll- 1nma141111=
17,71,010 nuppm
I'licNIPR--GRRV zonellf.qvides residential ind-recr-cational facilities at a smallerscale
17,71,020 Permitted uses.
'
9-�Lu ipjhp -P -
. -AgA: --M �R R
()--l(wnhomscs
lid npllr 11 115;
uc rLigg n b lqing�
c�a: �jc,"mWrWftircs !�Xp -ca ans sLq ibQ wi i4limiLii
:41ailtcsi ass:;
-r-dgmdornnont
LC--Vl cNKTFQ9�_S_S;
Golf-mumc-mu-m-si-.1tod U4"--5;
A t_er tro
11-allsilli.g, Lolllggilio
_ji C _qg, 9
m, LiLQ -w i -c UI w) aimi I k: r
- - - E u IAQ-xVI=n I p 1), 1 Y. �tl p s Cglil Lo- G, I dl-iiiw%.
-4- 4A 5 08
57577.OWl I.KiAl.13372118.3
W-
($_)--Anfrasituctuie-gW lzuWings-bDih-Ab2Ye_And_bclmtsaund- for the utilities nnd_public
f:+cilitica and services serving-thc-PJcasanLHarbor MPR area:
U PAS-And.cryjcc , , during the tenstntctaat�P s o£theprojcct._but�l�c
cumin iQn_oQhc_Plcasant or MPR
UP Public fled cs-and•seiYiocs:
(111 lhilitieSMpwT ine_the resort•
17,71,030 HeiP,ht rrstrirteon_s.
uildings witbin_tb�e Ix1) CrRRV_zQnesmith ll be erected. enlarged or st=uWLY
rnadiftcdto-exceed35feet ' eit,.ht as measured byIg M-d_at& UpA=RrrQund-or imbedded
nwkju-shall not be _ a heightalGulatians,
• I : I 1 1 tlWi[44111WTIRTI
ZINC }i l► f 1 . ►s • 11 1 111 • 1• u'' �.► • l
17,72,0 10 PIjrj)1
=(ugj buffer between the r
f s �• wa► •1.1 X10 _br.- _• ' `11 /: ► I1 •1 the sootb
shore1 SII' 1; ►" /1 1 •11 �,1t, !.._}__ 1'' 11` 1•l' 1" ►�}.li. 1 1 y
LChantcr90.55 9or �•1. 1 1� 1 - 1 f 1 I • } 1 1 - ► 1 ! •_j ; ! '
/ 1 . .
17.72,020 Permitted uses. /-) v 5
-'
The following t Secs arc acmitt in the MPR-.QS—zone.: Restora ion of existing
deYelonment intrusions (roads�cama teller.Massiycj=rcatigp.t sltQt-educe-the_forest
canQpX_tilrtY�1�171L1�:)tcr dj c rgc_
Chapter 17,73, Marina Village Commercial (MER --AIM �IAIY kgd5 �-ekn- 1 l -t
ro f�,4lw" rc s ke yo4]
17.73,010Pt�rposc• '
The MPR-MyS:zonv provicigs moxeiLttsststmoalitics_tmtLw>yicu.a:.wgi,itccl_ivith the
(na ' hc-=lLAtuLsltirsutnslins; cpjnmunity,,, nd_pxsw* 1 C ccntral_sugpor_t_to the
izlntjnn auccrntions,
17 73,020 Permitted ucec,
_.__.T_h_e_follQ�xing,t,�ses_a«lz�rmittccl.-in_ the�li?R-.I�Iy�
(�}_ .._..Mama_and_oxctxalcr�S[uet��_st�m!ed thrount>_the_1_e�cs�s�n__C��,nty �!>Qrelinc
Mnstcz.Propra�and..t2ssocsAtcdlc�uiatistns..ChAlzter_l8. � �,�.�:
(2_,}_, �na�lhtbc.,rcltited unlaadaxiixeci..ttsc#commcrcial..nnd service fn�litics, in • in '
restAuzanis g �toas._as_We1Las_marine serviceefhcilities. marjna �fifwe,1'achLclubAnil
rccceAdw-focili,ti-g-Lervi ns;_t hc_ resort-and_th" arintt;
{ Acc sgry us nd_stru iui cs�>�ch�s t;Ari►gcs4_c4 _ss91age.huildin>;s_nia:Lsjmilar
structures sum=ina-marinla indmaritime Yillagc_usc ,.fucl,sery a and.parkinb;
-5- 15 ux
57577 -OW 1?LEGAL 135721 I x.3
Short-term l 1 l ! 1 1
tim I cam paw
_ 1 If% .W _ • • 1 1 1 } 1 above : 1 • • ' / 51 1 . 1 1 / 1 ' ? 1 •
ndqgLgQjv -MP
�I 1 ! 1 • �1 ! ML 1 ' 1/ \. 1/ 1 1 - a. . !..
IFIA:IIXIjII! _ } 1
17.84.020 Pgrrnittec! uses.
=ilw uses in tho MPR -MRV zone include:
(1l Townhouses, flats bunga
LqaMod villas orovidi ooh Jin germ and ort-Le_rm mT4it
r=m innal_housing
(2) Accessory uses uad.structum,_stech.as-garagesomorls,.stoxaae-lzuildingUnd_similar
, tvctures sunaortinu her ldential environment. when cleadyub mate and-sut��em al to
Pnermitted use:
(3)_Trnils. narks,.opclt�pacc art nlavbuitti.�;tnRr_ctycci lhroueh a r litttint; ordeveloptl�eilt
roa!ie"ts2eess:
(l_ Wnslemeter treatment facilities, caplete, tst Q�and�ranUmssion facilities to serve a
Lrecxcic•g�g m foxstn_,sitc treatmcntnndstst'!r_euse ofwaste and_stQrm water.
(5l Puhlic water,sugp�y_and.�r�l.a:tocUacililics;
(f) Infmstmturc-and._buildiM, bolliabove and below groynd for ft-uWiiir,§A un blic
f�1lil.n ervices servine th�pJ,l11t[hR�MPR_areA;
(7) Publicftcilities an_d services;
M— Utilities su ortin th��ssZri.
-6- V 1908
575771HI0uLEGALOSM 18.3
: I I I 1 uumlm
. f
—�
_�I, s 1 a ! _ • IL : ! ! • : • 1 1 1
:tt 11 lil !., • 911 MM, •Ilu i,f r.l • r 1 10
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57577- M)1%LEGAL13572118.3
t
Title 18
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only if the residential uses are integrated into and support the on-site
recreational nature of the resort.
(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The &ge* existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.
W_ Pleasant Harbor Marina and Galort Pleasant Hix arina-and—Golf Imatisibr.
rbor-Marina
trod Goff Resort MPRis designatesL'tn accordance with W 3 70A 36,Q. u_ncwinashcr
nlanned�esort and is sit (� the rn ovisions of L snLHarhor_maiter
planned resort is characterized by a golfcourse resort facility_sciutlto-f-Black.P'iillt_Rnaci and a
marina/Maritime Villaec ?ticl a rsociate� ilOusingnOrtiLof't3Jackfpini$Qad. T6tQaQ9_is
prcdominat y desit nrdAo-serve iesQdmdxccrcation_us_es-and_hass LyJimiied.fullsiim
o1;cu2amcyT11g r se ort1s_.ss cd by the 0non RuralSsnter, tiyhich accomm4si3ttes LAM1Rp-
s11e commercial use suing_theseatlsi_1t�sgl_non
ulatiQn.Shr�mast��[anttetl,fc�ri;5
it11c re ulati�ns31t1sL- 11.1 1g_ 2sIiom-suchas-codes,_covenants_at]tLr4slrlc:li_oils-iliay—b.c
mQrc_ cstri ttYe tha _1j1meguircmc�Wn_1=1Lc17 -ew:, offerson Countydocs_not
cnforcc_gg EQdcs..c�vcnunts_andstdctions.
18.15.I15 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The enly-e*6ft officially designated master planned resort§ in the county areis the Port
Ludlow MPRfandl a-Eleasitnt Harbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Pj=sant Haor MPR is pc tgl€si pttz;ivant to RCW 366 360
tzcttainins: to new Mester Plannesilie�Designation of any new master planned resorts
pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a
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575774*011EGAL1357211 R.3
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formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080,
18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural communities. The
purpose of this article is to establish a master planned resort land use district to be applied to
those properties the board of county commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
(1) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not.limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent of the total resort ,.
accommodation units.
3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent
with the on-site recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor -oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs of the users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, food stores, real estate/property management offices; and
(d) Recreation -oriented businesses and facilities such as sporting goods and
outdoor equipment rental and. sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.1
r
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57577-0001iLEGA1.135r 1 18.3
` 18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part of the resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
` road and parking design, capital facilities, and other components are integrated into the
project site.
' (f) A description of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article Xl of Chapter 13.40 JCC (Development
Agreements), and RCW 36.708.170 through 36.7013.210. Consistent with JCC 18.40.830(3) and
RCW 36.70B.170, the development agreements shall be prepared by the applicant and must set
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$75774=1 /LEGAL 13572118.3
forth the development standards applicable to the development of a specific master planned
resort, which may include, but are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable),
visitor -oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21 C RCW, and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
(3) Formal Site -Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VI1 of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-11-164 and 197-11-168.
(5) Self -Contained Development. All necessary supportive and accessory on-site urban -level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.I 10.
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC
18.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of
JCC 18.15.126(2) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 § I]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
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57577-WW11. LI:GAI.l 35721 1K.3
C.
r
standards authorized for site-specific MPRs in a development agreement. and approve master
plans.
18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article VI -D of this
chapter (Environmentally Sensitive Areas District (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban -level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as (o avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes location -specific standards to retain and enhance the
character of the resort.
(10) The land proposed for a• master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting oftimber or production of
agricultural products, and the MAR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 § I J
18.15.138 poH-budlew Master Planned Resort. .
The Peo udew Master Planned Resort Code (JCC Title 17), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of
this UDC.
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57577.Q(x)1 LEGAL13572119.3
Attachment 5
PLEASANT HARBOR MARINA AND GOLF RESORT
JEFFERSON COUNTY MASTER PLAN APPROVAL PRIORITY WORK ITEMS FOR
THE ZONING ORDINANCE, DEVELOPMENT AGREEMENT, AND SEIS
TASK'
AUTHOR AND DUE
DATE
1. Master plan project layout showing all planned improvements
a. preliminary lot layout
b. phasing plan by lot
A:
D:
2. Full sized map of Marina shoreline area and 150 -foot buffer with
contours and all present and planned improvements
A:
D:
3. Updated zoning ordinance based on Master Plan layout
a. text
b. map
Text
A:
D:
Map
A:
D:
4. Updated development agreement based on Master Plan layout
A:
D:
5. Key map attachments to Development Agreement
a. Master Plan zoning map and text
b. Shorelines map
c. Phasing plan maps (one for each phase) showing required
infrastructure with each phase and showing coordination with
adjoining phases
A:
D:
' For SEIS purposes where the alternate proposal suggests a different result, the required reports or documents need
to address what the differences might be.
57577-0006/LEGAL 17525057.1 Attachment 5
6. Key technical reports attached to the Development Agreement per For each item
adopting ordinance
a. Sewer plan—location, treatment and disposal draft general plan A:
for Dept. of Ecology approval D:
b. Water plan -including location of well, proof of water availability A:
(water rights) location of treatment plant and distribution network D:
for each of the scheduled phases. (Often a water line will need to
be looped outside of a planned phase to retain adequate fire flow
particularly for commercial structures.)
c. Grading plan by phase (including stormwater control plan, and A:
wetland mitigation plan that is required to be in place prior to D:
grading)
d. Road improvement schedule by phase showing connectivity A:
with future phases D:
e. Required amenities for each phase (typically paths and parks— A:
Condition 63d) D:
f. Hydrology and hydrogeology report that satisfies Condition 63i A:
D:
g. Wildlife management plan (Condition 63 1)
'04
h. WDOE document approving water rights and adequate water A:
supply condition and Class A water system (Condition 63m and n) D.
i. Neighborhood water policy (Condition 63p)
j. Stormwater management plan for both the golf course and A:
Marina demonstrating how the conditions of Condition 63q are to D:
be met in the final configuration
A:
k. Water quality monitoring plan for the harbor per Condition 63r D:
1. Conservation easements meeting the terms of Condition 63s A:
D:
in. Marina tunicate monitoring plan in compliance with Condition A:
63t D:
n. Proposed covenants and restrictions dealing with buffers and A:
greenbelts to satisfy Condition 63u D:
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57577-00061LEGAL 17525057.1
p. Landscaping plan to satisfy Condition 63vI A:
D:
q. Documentation of specific LEED standard and date of specific A:
LEED guidelines to avoid a significant ratcheting up of criteria as D:
time goes by
r. Best practices manual for the golf course per Condition 63y A:
D:
s. Copy of the current Dark Sky standards to be incorporated into A:
the project to prevent future changes D:
t. Golf Course Management Plan
u. Marina Management Plan
v. Pet Waste Management Plan
-3-
57577-0006/LEGAL 17525057.1
'OR