HomeMy WebLinkAbout028Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
JT Cooke <jt@houlihan-law.com>
Tuesday, May 20, 2014 4:50 PM
'David W. Johnson'
peckassoc@comcast.net
RE: Pleasant Harbor MPR
Thanks, David. I will take a look and get back to you
JT
E8 Hour-rHAN LA\u
340! Evenston Aven{re ll, Suitc C " Seattle. WA 98103
JOHII T. #.T"1 COOKfi
ATTORNEY
3ilt.547.t07$
2S6.547.1958
?53-72?.8?67
PIRf;CT
FAX
Mt)ffirr
urwu,.houll han-taw,Enrn
NOTICE: This communication may contain privileged or other confidential information. lf you have received it in error, please advise
the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
From: David W. Johnson Imailto:djohnson@co.jefferson.wa.us]
Sent: Tuesday, May 20, 2014 4:40PM
To: JT Cooke
Cc: peckassoc@comcast.net; David W. Johnson
Subject: RE: Pleasant Harbor MPR
JT,
Here are our proposed revisions and comments. Please review and provide a revised draft.
Thanks!
From : JT Cooke [mailto:jt@houlihan-law.com]
Sent: Friday, April 11, 2014 B:50 AM
To: David W. Johnson
Subject: Pleasant Harbor MPR
Hi David-
Thanks for your patience-it's been a crazy week. Attached is the draft zoning ordinance and development agreement
for the Pleasant Harbor MPR, As I mentioned, we are still finalizing other documents (ie water and sewer plans) which
mayresultinmodificationsofthesedocuments. Thatsaid, lthinkwearesufficientlyfarenoughalongthatitmakes
sense to get the County's input at this stage.
1
Please let me know if you have any questions.
Thanks,
JT
ES HouLTHAN LA\n
34O! Evan*ton Avenue N, Suite C r $eattle, l,UA 98103
JOHil Y. {J"T.} COOKH
ATTOHNEY
206.547.1075 nrn;cr
206.547-1958 rAx
253.722"8267 MoslLf;
urww,Nroutlhan*latr,e*rm
NOTICE: This communication may contain privileged or other confidential information. lf you have received it in error, please advise
the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
2
DEVELOPMENT AGREEMENT BY AND BETWEEN
JEFFERSON COUNTY, WASHINGTON AND PLEASANT
HARBOR MARINA AND GOLF RESORT, LLP RELATING TO THE
DEVELOPMENT COMMONLY KNOWN AS THE
PLEASANT HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this _
day o[__, 20l4,by and between PLEASANT HARBOR MARINA AND GOLF
RESORT, LLP, a Washington limited liability partnership (referred to as "Developer")
and JEFFERSON COUNTY (the "County"), a municipal corporation under the laws of
the State of Washington, pursuant to RCW 36.708.170 -.210.
RECITALS
WHEREAS, Developer is the owner of real property consisting of approximately
Ps2 e_.r.c lqq.clg{ yi,th!! !9[.e1-s9!t-Csqqty ytlg-lr prspgrt],!9 499.c{ib94 rith part!_csla.i_ry _--
in Exhibit I ("Developer's Property").
WHERAS, the County approved Developer's application to designate
Developer's Property as a master planned resort pursuant to RCW 36.704.360 in the
County Comprehensive Plan to allow for resort-related development including, but not
limited to, a golf course and other on-site indoor and outdoor recreational amenities,
conference center, resort-related commercial uses, long-term and short-term residential
units not to exceed 890 units, and open space ("Pleasant Harbor MPR").
WHEREAS, buildout of Developer's Property is expected to occur over the next
five to ten years depending upon market conditions and Developer, Jefferson County, 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.
WHEREAS, the Washington Stat€ Legislature enacted RCW 36.708.170-.210 to
strengthen the land use planning process and reduce the costs of development by
authorizing the County to enter into a private agreement with a landowner regarding the
development of its real property located within the County's jurisdiction.
WHEREAS, the County has determined that this Agreement will facilitate
orderly buildout of Developer's Property within the Pleasant Harbor MPR and will
further promote growth management and planning objectives of the County by providing
certainty over time with respect to permitted densities, uses, development standards and
other aspects ofthe development review process.
WHEREAS, the Parties to this Agreement acknowledge the Zoning Ordinance
for the Pleasant Harbor MPR (chapters 17.60-17.80- JCC) is in conformance with the
standards set forth in the Countywide Planning Policies and the Jefferson County
Commenbd IDWAI]: Section 2 below says 256 acres. It will
be imponmt to describe the propeny consistently throughout.
Comprehensive Plan and is consistent with the goals and requirements of the Growth
Management Act.
WHEREAS, pursuant to RCW 36.708.200, this Agreement was the subject of a
fifteen (15) day comment period, which ranto 2014, and a hearing was held
before the Jefferson County
BOCC authorized execution
adopted on _, 2014.
Board of County Commissioners on 2014. The
of this Agreement by
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
NOW THEREFORE, in consideration of the promises, covenants, and
provisions set forth in this Agreement, the receipt and adequacy of which consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section l. EFFECTM DATE AND TERII{
1.1 Effective Date
The effective date shall be the date of the adoption of al resolution by ltrC IStretCq! ,
County Board of County Commissioners approving this Development Agreement.
1.2 Term
The term ofthis agreement shall be twenty (20) years from the effective date.
1.3 Modilication
This Agreement may be modified, extended or terminated upon the written
agreement ofDeveloper and the County.
Section 2. DEVELOPER PROPERTY
The property covered by this Agreement consists of [pproximately 256 [creq qr4
is described with particularity in Exhibit I ("Developer's Property"). A map showing the
location ofthe proposed development on Developer's Property within the Pleasant
Harbor MPR is attached as Exhibit,l2.
Section 3. DEVELOPMENT STANDARDS
3.1 Permitted Uses and Density Standards; Zoniag
The permitted land uses and development regulations for development within
Developer's Property are set forth in chapters 17.60 through 17.80 ofthe Jefferson
County Code, attached as Appendix A.
Commented IDWAsI! If this is the ncxt Exhibit, then why not
Bme it Exhibt 2?
2
CommqtEd [DWA2!: The Pon Ludlow MPR DA was done by
Resolution tt42-00.
See @mment above.Commented
Is it 256 or 252 rcres?Commented
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 Comprehensive Plan policies for the Pleasant Harbor MPR are attached as
Appendix B.
3.3 Surface Water Standards
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Stormwater Management Code, ICC 18.30.07q. A qqpy of !!g Cgdg
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.
3.4 Critical Area Standards
Critical areas and their boundaries, as well as allowed uses within the critical
areas of the Brinnon MPR shall be determined based upon the Jefferson County Critical
Areas Code, Chapter 18.22 lCC. A copy of the Code section is attached in iAopendix D.l _-
3.5 Land Division 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
18.40
3.6 Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Shoreline Master Program, ptrapter 18.25 JCQ in ef{_e_c_t S! _olltrq delg
of this Agreement. A copy of the applicable Shoreline Master Program is attached as
Appendix G.
3.7 AdditionalDevelopmentStandards
JCC. A copy ofthe Code sections are attached in
(Chaoter 18.40 JCC).1
Additional Development Standards as identified in Chapters 12.05,12.10, 12.15,
and 18.30 JCC , as they exist as ofthe date ofthe adoption ofthis Agreement, shall also
apply to the extent they do not conflict with the terms of this Agreement. A copy of the
applicable Code sections are attached in lAopendix H,
3.8 Pleasant Harbor MPR Water Service
3
Commented [DWA6]: I m osming the DA is freezing the
relevant Title I 8 seclioB at their orent versions. That is
acceptable and that is what happens in the Pon LudlowDA. But
here is my questio4 what about refqences in 18.30.070 to JCC
wtions othq thm 18.30.070? I usume thop ue fioren in place
r@ for this DA but how will we kwp track ofthat?
CommenEd [DWA7I: Agair\ what about non CAO sections
refened to in this now-froz€n code text?
CrmmenEd IDWA8I: Insned the title of Ch. 18.40 JCC, the
original text may have ben taken from the Port Ludlow DA which
predates UDC adoption in late 2000.
C,ommenEd IDWAg]: Are the JCC sections outside these
chapters that de refened to in thos chaptss also Aorcn? LOOKS
LIKE \I'E WILL NEED TO KEEP A COPY OF ALL OF TITLE 18
AS IT EXISTED ON TIIE EFFECTI!'E DATE OF THIS
DEVELOPMENT AGREEMENT, YES - DWJ
Commenbd tDWA10l3 Or should this be a refsence to the
updated SMP which bwme effective on Feb. 21, 2014? YES -
DWJ
CommenEd [DWAU]: This may solve in pan my "frczc the
other wtions of the JCC" rcncern. \'ES - DWJ
[Water main extensions and pqltablq water system improvements for potable water
serv i ce [hat may .bC t gqt Ued !C S91v-9 tlrg-e-l 9aa1 n949r ryre4 Cbett ! g_,t -r]e! leq-B-
conformance with the most current approved specifications and requirements, at the time
of installation, of the.[water purveyor], the Jefferson County
Coordinated Water System Plan and the Washington State Departrnent of Heath and all
other applicable laws, ordinances, rules and regulations. A copy of the applicable plan is
attached in Appendix I.
3.9 Pleasant Harbor MPR Sewer Service
lsewer 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,
rules and regulations. A copy of the applicable plan is attached in Appendix
3.10 Memorandums of Understanding
As a condition to designating Developer's Property as a master planned resort, the
County required that Developer negotiate memoranda of understanding or memoranda of
agreement to provide needed support for the Brinnon schools, fire district, and emergency
medical services to mitigate for the potential impacts associated with the Pleasant Harbor
MPR. Developer secured the following MOUs:
Petie'eSherlff-Jefferson County shall provide law enforcement peliee
services within the Pleasant Harbor MPR consistent with the
Memorandum of Understanding (MOU) attached as Appendix N-l .
Fire and EMS-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.
School-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-3.
CommenEd [DWA12]! Would it be easier to uy "potable
water?" It is god to have here a list of all the regulstions they must
meet, but we don't cue how they achieve complimce or whal
infrstructure they install and maintain to get to @mpliance with the
Stste DOH.
CommenEd N@d to adjust to refltrt twhnical repons
a
a
a
. Transportation-Public hansportation services to the resort are provided
by Jefferson County Transit. Mitigation fees associated with development,
ifany, shall be determined and paid pursuant to applicable state and local
law as set forth in the MOU attached as Appendix N-4.
The County asrees that the these [OU{:+j-s-&--c_qf,!!tiqq-6]--(S)--o-t C- qqrtty Of4!qqrS-e_N-q,-_-
0l -0128-08 and further agrees that Developer will not be required to provide additional
Commcnted
Commented [PCIS]: What about MOUs for housing, prks,
EMS?
4
mitigation for these services (police, fire and EMS, school, and transportation) beyond
the terms of the MOUs for development of the Pleasant Harbor MPR except as provided
in Section 4.2.2 of this Agreement.
Section 4. STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION
BY COUNTY
4.1. County Processing and Review
The review and approval ofproposed development applications proposed by
Developer for Developer's Property shall be pursuant to the Pleasant Harbor MPR
ZoningCode (Appendix A) and the County's@
ProcedureVSEPA Imolementationlaa*F*qg4@, gtrallgr
18.40 JCC, which is attached in Appendix F.
4.2 SEPA Compliance
4.2.1. Prior EIS. The parties acknowledge that potential environmental
impacts from future development of the Pleasant Harbor MPR have been assessed and
addressed in prior environmental documents. 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);
Pursuant to Condition 63b of Ordinance 0l -0128-08, the County required a supplemental
impact statement on the planned final conflguration of the MPR, and the systems
designed to address the conditions and environmental consequences ofthe MPR as
identified in the November 2007 FEIS (Chapter 5) and Condition 63 a-dd in Ordinance
0l-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 Supplemental Environment
Impact Statement (_dateJ.
(the draft and final EIS and SEIS are referred to collectively as the "Prior EISs").
4.2.2 Future SEPA Review for lndividual Projects. The Prior EISs shall
constitute compliance to the fullest extent possible under SEPA, as well as Condition 63b
ofOrdinance 0l-0128-08, for all subsequent approvals or permits to develop the Pleasant
Harbor MPR consistent with this Agreement, including, but not limited to, plats, short
plats, binding site plans, development permits, grading permits and building permits.
Except as provided in this Section, no further SEPA review is required, and no additional
5
a
a
a
Commented [DWA16]: Again, replacing pre-L,DC title with
orot title for Ch. 18.40 JCC.
substantive SEPA mitigation measures are required for approvals or permits that
authorize development that is consistent with level and range ofdevelopment analyzed in
the Prior EISs.
The County may require additional SEPA review for a new or modified proposal
that materially exceeds the level and range of development reviewed in the Prior EISs.
For any such new or modified proposal, relevant information from Prior EISs shall be
used to the fullest extent possible in future SEPA review. The scope of environmental
review shall be limited to considering how or whether the proposal differs from or
exceeds the scope of the Prior EISs and if so, whether such modification results in
potentially significant adverse environmental effects that have not been adequately
addressed in the Prior EISs.
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 0l-0128-08 (Aopendix B), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
4.3 Vesting of Development Standards and Mitigation
To the fullest extent allowed by law, all development proposed on Developer's
Property shall be vested to and governed by the terms of this Development Agreement,
the Pleasant Harbor MPR chapter of the Jefferson County Zoning, and the Unified
Development Code, now codified at Title l8 of the Jefferson County Code including, but
not limited to, those code standards attached to this Agreement effective on the date of
this Agreement (as defined in Section 3.1 and attached as Appendices A-H). This vesting
provision shall be applicable, without limitation, to all land use applications, permits,
uses and development that occur on the Developer's Property within the term of this
Development Agreement. 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 ofthis
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 govemed by the County codes,
regulations and standards in effect upon the date ofcomplete 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 reserves the authority to modiff one or more of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
lAgreement, 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. r 70.
6
Gommented [Dff,AU]: Follows the text of the RCW
36.70B.170.
4.3.2 State and Federal Law. This Agreement does not relieve
Developer of any obligations to comply with state or federal laws or regulations of any
kind, including but not limited to those related to endangered species or stormwater. The
Pleasant Harbor MPR shall not be vested against the application of development
standards imposed by virtue offederal or state pre-emption ofthe County's regulatory
authority.
4.3.3 InternatienalBuildins Codes. Jefferson Countv Code Title ll 5L-
- - - -
The Intemational Building Code and Intemational Fire Code in effect in the State of
Washington as of the date of filing of a complete application for a building permit shall
apply to all new development.
Section 5. PHASING
5.1 Phasing Plan
Pleasant Harbor and Marina Resort is a planned resort that is capable of being
developed in independent and severable components or "phases." Future development of
the Pleasant Harbor MPR and all associated infrastructure, including roads and utilities,
may be reviewed, permitted and constructed and/or bonded in phases or subphases. A
phasing plan (consisting of four phases) for development of the Pleasant Harbor MPR
(reviewed as part of thtSEIS) isattacheO as pxtritit n{. Ee,c-b phqse m4y !,rtl91Q9
broken down into discrete sub-phases as conditions dictate.
5.1.1 Phase l. Phase I consists of the construction of primary facilities
needed to service initial construction of the MPR including the large onsite septic system,
the first water storage tank and piping distribution system, construction of the State Route
l0l intersection improvements and relocated WDFW access road. The Maritime Village
Building consisting of 66 residential units and approximately 21,000 square feet of
commercial space will also be constructed during Phase L
5.1.2 Phase 2. Phase 2 involves initial development of the central resort
facilities. Golf course construction will commence and the Golf Terrace and Conference
Center consisting of l9l residential units and 36,000 square feet ofcommercial space
will be constructed. Phase 2 also involves construction of the wastewater treatment plant,
development of a second water well, and construction of stormwater facilities.
5.1.3 Phase 3. Phase 3 involves completing the golfcourse,
reconstructing Black Point Road, and constructing the majority of the residential units
including (l) Golf Terraces 2, 3 and 4 comprising 329 units; thirty six (36) Sea View
Villas units, and thirty-eight (38) Golf Vista units. A 52 unit building for staff quarters
and maintenance will also be constructed.
5.L4 Phase 4. Phase 4 completes buildout of the Pleasant Harbor MPR
with construction of 176 Sea View Villa residential units and 6 Golf Vista residential
units.
Commented IPC18l: Thle l5 also includes speci6c regulations
for Jefferson county.
Commenbd [DWA19]: Have we sen an Exhibit 2 or 3?
7
5.2 PreliminaryFacilities
Preliminary facilities are those preliminary facilities or improvements that must
be approved and installed in concert with the development ofeach phase. The
preliminary facilities include the following:
5.2.1 A water system with sufficient water rights to serve the phase
under review and approval.
5.2.2 A sewer system with sufficient capacity to accommodate the waste
discharge for the phase under review and approval.
5.2.3 A road network to accommodate the phase under review and
approval.
5.2.4 Landscaping for the phase under review and approval.
County approval ofa phase, whether by preliminary plat or other process, shall
require approval of preliminary facilities for the entire phase. The Developer may
construct preliminary facilities for each lot or tract in conjunction with development of
that lot or tract. A final plat for a phase may be recorded by lot or tract provided all of
the preliminary facilities necessary to serve the lot or tract are complete and the specific
development requirements within each lot or tract are complete.
EL
5.3 Public Amenities and
Public amenities and access are those facilities and improvements that provide
resort related activities and services. The Pleasant Harbor MPR shall, at a minimum,
shall contain the fotlowing resort amenities (1) an l8-hole golfcourse; (2) spa services;
(3) amphitheater; (4) pool; and (5) ropes course. These amenities shall be completed
firior to tull buildout [qd m4d9 4y4i]4t!91q m9mb91q Sf lhq gSlgtq! pqbliC fot a f99.to b9 ,
established by Developer.
5.4 Local Employment and Construction Materials
peveloper will make reasonable efforts to use materials and labor from Jefferson
County to develop the Pleasant Harbor MPR. Nothing in this section shall require that
developer utilize materials or labor from Jefferson County that are not ofcomparable
price or quality to their counterparts outside of Jefferson County.l
Section 6. GENERAL PROVISIONS
6.f Governing Law
CommenEd [PiC20l: Add I sstion for perfomane bonding
that isn't otheryise covaed under the JCC 18.35.350 Subdivision
Sureq/ to insure development stated, is development finished, even if
all the Phases or Units ee not @nstructed.
CommenEd [Pc2lls We ned a statement rhat sufticient re$rt
mflitievsctivities shall be @nstructed ud available for us to
$pport @ncurent residmtial development at a level commensurate
throughout the r€soft.
CommenEd [DWA22]3 Do we have confidence that we know
what this phrase mems and when it occurs? Secms the amenilies tre
going to be functional no wner than Phase 4, does that mem before
Phase 4 prelim plar approval or what does it meil. Note well the
golf ou* will be installed and rady for us as of Phase 3 . The
thm Phaseulier 4.
labof'
sghon
CommenEd [DWA23I: My recollection is thar this "local
was one ofthe 30 conditions. See (e), (f) od
with thos @nditions.
8
This Agreement shall be govemed by and interpreted in accordance with the laws
and regulations of the State of Washington.
6.2 Binding on Successors; Assignment; Release of Liability
6.2.1 Bindins on Successors. This Agreement shall be binding upon and
inure to the benefit ofthe successors, successors in title and assigns ofDeveloper 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 ofthe 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
ofDeveloper's Property, including transfer ofall interests through foreclosure (udicial or
non-judicial) or by deed in lieu of foreclosure. Consent by the County shall not be
required for any transfer ofrights pursuant to this Agreement.
Upon the transfer or assignment under this Section, 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 properfy 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 ofthe Property still owned by Developer.
6.2.3 Release of Liabilitv. Developer shall be released of all liabilities
and obligations under the Agreement it (a) Developer provides notice to the County of
an Assignment of the Agreement and (b) the assigned has assumed in writing the
obligations ofthe Agreement. Ifthe 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 ofDeveloper'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 ofa final
plat, a condominium declaration or other approved land division in compliance with this
9
Agreement that relates to residential development of Developer's Property, then there
shall be executed and recorded with the Jefferson County Auditor a release from this
Agreement 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. h.esidential development on the parcel or parcels released
pursuant to this subsection shall continue to be subiect to the requirements ofthe
development reeulations listed in Sections 3 (all) and 4.1 above. I
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
35A+.14.330), and the Development Agreement Statute (see Ch.347,1995 Wash. Laws,
Part V, $ 501-06).
6.4.2 Severability. If any 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 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 respectively [epresents and warrants [that it !q! lhC
respective power and authority to execute this Agreement.
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 I throueh 4 and Appendices A throueh O are incorporated herein by this
reference as iffully set forth. In the event ofany conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreement, the main body of this
Agreement shall control.
Comm€nted [DWA24]: Similar tqt is found in the Port
Ludlow DA but wo not present here. I modified the tqt sme but
think this is s important addition.
Commented [DWA25]: Subject/verb agreement.
l0
6.8 Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modift 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.
6.12 Default and Remedies
6.ll DisputeResolution
,ln the event of any dispute relating to this Agreement, all parties upon the written
requesd (to be titled "Notice of Dispute") bf ?r.ry gthgl pqty, qheu n991 yjlhiq lbe qyg (_q)
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 Eiry_(3Q)
feu*een{+}aays of the written laotice of pdispute fisqlqq by 9r]9 C!!r9 pCl_tlgs, !!rq -parties agree that they will immediately identiff a mediator and participate in mediation
in good faith. The selected mediator shall have documented experience and expertise in
Washington land use law.
with land use and real estate experience. Each oartv will identi& and prooose to the
other partv three potential mediators. Between the prooosed mediator lists. the parties
will select a mutuallv asreeable mediator to resolve the dispute. The mediation shall be
icp]l!p--br.p-{rs.-qf-tb.e -
parties.
rnutudly r8re€Ebto modietor te !h_e p?4!Cl q1e y!&19 t9 !9-e-c! q _
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 bome equally by the parties to this
Agreement. The parties may aqree in writing to extend any deadline or time frame listed
in this section.
CommenEd [DWA26I] Made the proress a bit more formal
ild gave the first document a title, md then other dates work offthat
doqment.
Commenbd [DWA27]: Thought 14 days was not enough time.
have been enended
CommenEd
becure other erlier time
CrmmenEd [DWA29!: Thought this made for a better flow of
this scction.
n
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 speciff the nature of
the alleged default and the manner in which the default may be cured satisfactorily. If the
nature ofthe 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 ofportions ofDeveloper's Property (see Section 6.2.2) any claimed default shall
relate as specifically as possible to the portion ofthe 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 ofany other non-
defaulting owner of portions of Developer's Property under this Agreement. Each oarty
to this Development Aereement shall be solely responsible for the costs they incur with
respect to assertine or defendine asainst anv dispute. alleeed default or civil lawsuit. | _, _,
6.13 No Third Party Beneficiaries
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 ofaction based upon any provision of this Agreement. Members of the general
condominiums from the Developer.qgl tteYq q{ry cause ofaction 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, certihed mail postage prepaid, retum receipt requested, and addressed as
follows:
To the County:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Commented [DWA30]! To avoid any thinking that the "loser
pays the winner's costs and attomey's fees."
Commented [DWA:,1I: To make this qclusion more precise
ud more inclusive.
t2
cc:Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marin4 LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
7370 Sierra Morena Blvd. SW
Calguy, AB T3H 4H9
Canada
John T. Cooke
Houlihan Law
3401 Evanston Ave. N. Suite C
Seattle, WA 98103
6.16 EstoppelCertificates
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 certiffing that: l) 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 certifuing
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 ofestoppel 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 to this
Agreement shall protect, defend and indemnify and hold harmless the other party and its
officers, agents and employees, or any ofthem, 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 act or omission ofthe 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
l3
cc:
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 jointly the
parties and their respective officers, agents or employees, the parties whose actions or
omissions give rise to the claim shall satisfr the same, provided that, in the event of
concurrent negligence, each party shall indemnif and hold the other parties harmless
onlytotheextentofthatparty'snegligence. Thisindemnificationhereundershallbefor
the benefit ofthe County as a municipal entity and not for the benefit ofthe 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 ofthe same or a different provision ofthis Agreement.
6.20 No Private CCR Enforcement by County
The parties acknowledge and agree that nothing in this Agreement shall alter,
infringe upon, modifr, 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 enforcemen! interpretation or resolution ofany 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.
6,21 Entire Agreement
This Development Agreement consists of the Resolution approving the
agreement, the Agreement pp. I - 17, Exhibits I -4, and Attachments A-O.
JEFFERSON COUNTY
Jefferson County Board ofCounty
Commissioners
Chair.John Austin
Formatted: SpaceAfter: 0 pt
Formatted: Space After: 0 pt
FormatH: Space After: 0 pt
t4
R.,_
Member. David Sullivan
Member. Phil Johnson
After: 0Formatted:
l5
APPROVED AS TO FORM:
Prosecuting Attomey
++seaHAe{SqO
Director of Community Development
PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP
Attachments:
Exhibit I - Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marinao LLC Property
Exhibit 2 - Zoning Map of Developer's Property (to be supplied)
Itc.
Exhibit 3 -Pleasant Harbor Marina and
Comprehensive Plan [nap[
Exhibit,t-Phasing Plans
Appendix A - MPR zoning chapter, Title 17 and I 8 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
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
l. Schools
2. Fire/EMS
3. PoliceiPublic safety
4. Transportation
Appendix O - Green Built/Green House Gas Reduction Program [from SEIS]
Golf MPR Land Use Map (recordable version of
CommenEd [PtC32]: This exhibit oot within the body of the
tqt.
l6
Note: Appendices A-O to be provided at the time of SEIS draft issuance.l
t7
STATE OF WASHINGTON
COUNTY OF
On this dav of 2014, 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 _, 2014.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My Appointment Expires:
)
)
)
ss
t8
EXHIBIT I
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
l0l, and together with leased tidelands supporting the Pleasant Harbor Marina; all as
illustrated at Figure l-5, page l-4 of the Brinnon Master Planned Resort FEIS issued
November 27 ,2008.
Parcel A APN 502153002
The Northeast t/c of the Southwest % 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 comer of the Southwest % of the Northwest Y+ of said Section
l5;
thence run West, along the South line of said Southwest Yt of the Northwest %,
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 % of the
Northwest %;
thence South 30 feet to the point ofbeginning;
And over and across the West 30 feet of the South 30 feet of Govemment Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washingon.
Parcel B APN 502153003
The East lz of the Northwest % of the Southwest % 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 ofJefferson
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, Washinglon, described as follows:
The Southwest t/q of the Southeast % and Govemment Lot 7 of said Section 15, and
Govemment 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 % of the Southeast Yq, and East of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Govemment Lot T,lying
Southerly ofthe 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 % in width of said
Govemment Lot 2, in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest % of the Southeast % of Section I 5, 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 % of the Southeast % of Section I 5, Township 25 North,
Range 2 West, W.M., described as follows:
Beginning at a point of intersection of the East line of the Northwe st t/+ of the Southeast
t/t 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 % of the Northwest % of Section I 5, Township 25 North,
Range 2 West, W.M., described as follows:
2
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway l0l;
Except the right ofway for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor's File Nos. 223427 and 410399, records ofJefferson County,
Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest comer of Government Lot 3;
thence North 88o 23' 07" West 308.14 feet to the Southeasterly right of way of State
Highway No. l0l, and the true point of beginning;
thence Southwesterly along said Highway, I 17 feet,
thence South 88' 23 ' 07" East, to a point I 75 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest % of the Northwest %,
100 feet West of said high tide line;
thence North 88o 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 I 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 I 5, 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, Washinglon, 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 I 5, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
3
Parcel I APN 502152013
Lot l, 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 I described as follows:
That portion ofGovernment 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:
Commencing at the North Yn comer of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88' l3' 42" East along the North line ofsaid Section l5 for a distance of
364.50 feet to the point ofbeginning;
thence continuing South 88' 13' 42" East238.76 feetto the line of mean high tide;
thence South 61" 12' 00" West along the line of mean high tide 34.78 feet;
thence North 40o 4l' 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 87o 54' 36" West 166.65 feet;
thence North 21" 2l' 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,
pages22l through 223, and amended in Volume 3 ofShort 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 % of the Southeast % of Section 15, and Govemment
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 ofsaid Southwest % ofthe Southeast %, as measured along the
North line thereof;
4
Together with that portion of said Govemment 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 % of the Southeast % of Section 15, and Govemment
Lot 2 of SectionZ2,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 520.00 feet less the East 345.00 feet of said Southwest % of the Southeast %, as
measured along the North line thereof.
Together with that portion of said Govemment 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 ofthe East line ofsaid East 345.00 feet.
Situate in the County of Jefferson, State of Washin5on.
Parcel M APN 502153022
Those portions of the Southwest % of the Southeast % of Section 15, and Govemment
Lot 2 of Section22,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 % of the Southeast %, as
measured along the North line thereof.
Together with that portion of said Govemment Lot 2 lying East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation ofthe East line ofsaid East 520.00 feet.
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 afi206,
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.
5
PLEASANT HARBOR MASTER PLANNED RESORT
Title l7
MASTER PLANNED RESORTS
Title 17. Article I. Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17. Article II. Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60. General Provisions
17.60.0I0 Authoritv.
This title is adonted nrrrsuant to 16 1fi enrl ?6 7OA RCW and Title I R ICC
17.60.020 Title.
The regulations set forth in this title shall be known as the "Pleasant Harbor Master
Planned Resort Code" or by the short title "Pleasant Haxbor MPR Code." Citations to these
rezulations mav be made usins the applicable JCC section number.
17.60.030 Purpose and intent.
The purpose and intent of the Pleasant Harbor MPR code is to set forth development
resulations that complv with and are consistent with the Jefferson CounW Comprehensive Plan
for future develooment within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60.040 Additional reouirements.
Title l5 and Title l8 of the Jefferson County may supplement the reeulations presented in
this Article in accordance with the terms and conditions of the Development Aereement entered
into between Jefferson Counry and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Aoplicabilitv.
The provisions ofthis title shall apply to all land. all associated water areas and all uses
and structures within the boundary of the Pleasant Harbor Master Planned Resort as depicted on
the official land use map for Jefferson County. Washinglon.
17.60 060 Exemotionsl
The following shuctures and uses shall be exempt from the regulations of this title. but
are subject to all other apolicable local. state and federal regulations includine. but not limited to.
the county building ordinance, interim critical areas ordinance. the shoreline manasement master
program. and the State Environmental Policy Act (SEPA).
Commenbd [FCU: What about the Mrina developmot taking
plece ude the existing Binding Site Plm md vested to the old
SMP?
-l-
(l) Wires. cables. conduits, vaults. pines. mains, valves. tanks. or other similar equipment for
the distribution to consumers of telephone or other communications. electricitv. sas. or water or
the collection of sewage. or surface or subsurface water operated or maintained by a
governmental entit-y or a oublic or private utilitv or other coun8 franchised utilities including
customar.y meter pedestals. telephone pedestals. dishibution transformers and temporary utilitv
facilities required during building construction. whether any such facilit-v is located undersround.
or above-groundl but only when such facilities are located in a street rieht-of-way or in an
easement. This exemption shall not include above-ground electrical substations. sewage pump
stations or treatment plants. or potable water storage tanks or facilities. which shall require
conditional use approval in any zone where permittedl
(2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters. or similar structure or device which is found by the director of communitv
development to be aopropriatel), located in the public interest:(3) Minor conshuction activities, as defined by the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amended:(4) Stormwater detention facilities associated with and accessory to new development are
permitted in all zones. Any above-sround detention facilitv or pond shall be screened from the
public right-of-wa), or aopropriatelv landscaoed to ensure compatibilitv with the surroundins
area.
i17.60.110 Nonconforminqusesandstructures.
Existing legal residential and non residential land uses and structures in all zones ofthe
Master Planned Resort are lawful uses and mav be continued in a manner consistent with state
law. Titles 15 and 18 of the Jefferson Countv Code and anv other applicable rezulations or
Ordinances. t
17.60.120 Provisions bindinq on the land.
The provisions ofthis section shall applv to any subsequent owners. lessees. tenants or
others with an interest in the property subject to the master planned resort. includins but not
limited to successors in interesl holders of anv recorded interest recorded subsequent to the
MPR approval, communitv associations. facilitv providers and special service districts operating
within the MPR area.
Chapter 17.65. Golf Resort (MPR-GR)
17.65.010 Purpose.
The MPR-GR zone provides residential and recreational facilities. as well as commercial
amenities and services associated with the resort and surroundine community. It provides the
central resort and conference facilities.
17.65.020 PermittedUses.(l) Residential uses including sinele-family and multifamil], structures. condominiums.
townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all
kinds.
Commenteal [DWA2!: This text accuntely reflects the law.
BtlT does it sufficiently explain which rules will apply ifa
lmdomer mnts to modi$, replace, expmd, rehabilibte a legal
non-onfoming use, for enmple a residene? From riis pmgraph
do we have a comfon level that we know which rules would apply in
the h)?othdiels I have laid out here? YES - DWJ
-2-
(2) Short-term visitor accommodations. including. but not limited to hotels. motels. lodges.
(3) Visitor oriented amenities. including. but not limited to (a) conference and meeting
facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associate with
such uses: (c) on-site retail services and businesses tvpicall), found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities ofall kinds including. but not limited to. art galleries.
and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. includins but not limited to eolf
courses (includine accessory structures and facilities. such as clubhouses. practice facilities. and
maintenance facilities). tennis courts. swimming pools. spa services. hiking trails. bicycle paths.
ropes courses. amohitheater. and other recreational uses consistent with the nature ofmaster
planned resort:(6) Waste water treatment facilities. including heatment plants. capture, storage and
transmission facilities to serve a reuse/recycle program for on-site heatment and use/reuse of
waste water and stormwate(
(7) Public water supply and related facilitiesl(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supportins the resort:(10) Emergencv services (fire. police. EMS): and
17.65.030 Heishtrestrictions.
No buildines within the MPR-GR zone shall be erected. enlareed or shucturally modified
to exceed 75 feet in height as measured by IBC standards. Underground or imbedded parking
shall not be included in any height calculations.
17.65.040 Bulk and densi8 requirements.
d to the MPR-GR rone. All st uctu.es
shall be set back at least 20 feet from Master Planned Resort boundary lines and adjancent MPR
zones. Minimum building setback from State Route l0l is 50 feet. I
Chapter 17.70. Open Space Reserve (MPR-OSR )
17.70.010 Purpose.
Management Act (Chapter 90.58 RCW) or 25 feet from the top of the bank as measured under
Chapter 18.22 JCC. whichever is greater.
17.70.020 Permitteduses.
The following uses are permitted in the MPR-OSR zone:
ComtnenEd [DWA3I: Hot buuon issue in Port Ludlow, thint
Jelinek. The tem should be defined o "x' number ofdays. I
cheked ICC Ch. 8.10 md did NOT SEE s definition of "shon tem
rent l." State Supreme Ct dwided on 4/1714 a cae about the
interplay ofCCR ud prohibitioG on short tem rental. Court sid,
in qsene, shon tem ratal = rcidential ue ud rsidential use is
allowed by CCR so mot mend CCR o ban shon tem w unlcs
the mcodment h so bm is approved by a super majority of the
omeE. I see here thatPlryt Harbor is NOT going to bar short
tem rentals, but a definition would still be of use.
Thee's a ep on the perwt for full time r6idm@ at 16.15. t 23(2)
md s onditions of BoCC apprcwl. This should be detailed in
Title l7 - DWJ
Commented [Dt{44]: Is this Stacie's title or is this a enyover
from the Ludlow MPR Code? I would think we mnt it b be more
geneEl, in 6e the title ortie orgui:atioml structure of DCD
chmgs. YES - DWJ
Commented [DWA5]: I think this is an editing failure here
Commented [DWA7I: Is rhis the proptr lingo? YES - DWJ
Commenbd [DWA5]: This is a policy decision. Do weaccept
md wt my ponion of this MPR to look like Heron Road in Pon
Ludloq b/c I think this would allow for similr construaion
YES. DWJ
-3-
( I ) Restoration of existing development intrusions (roads, campsites) to there natural pre-
_--J-
develooment Ftat*= qrld_(2) Passive recreation that does not reduce the forest canopy.-e increase stormwater
discharge or bluff erosion.(3) Those uses consistent with the Shoreline Master Proeram JCC 18.25
Chapter 17.75. Marina Villaee (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina portion of the resort and surroundins community. and provides the central support to the
marina operations.
17.75.020 Permittedlusesl
The followine uses are permitted in the MPR-MV:
(l) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated reeulations Chapter 18.25 JCC:
(2) Residential uses includine sinele-family and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kinds;(3) Marina Village related upland mixed use. commercial and service facilities. includine
open parkine lots, restaurants and shops. as well as marine service facilities. marina office. vacht
club and recreation facilities serving the resort and the Marina:(4) Accessory uses and structures. such as garages. carports. storage buildinss and similar
structures suoporting marina and maritime village uses. fuel service and parking:
(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to
tennis courts. swimming pools. marinas. hiking trails. bicycle paths. ropes courses. same center
and other recreational uses consistent with the nature ofmaster planned resort.:
(6) Utilities supporting the resort:(7) Infrastructure and buildines. both above and below ground. for the utilitiesl(8) Emergency services (fire. police. EMS):
(9) Public facilities. and services serving the MPR-MV zone: and
17.75.030 Heieht restrictions.
No buildines within the MPR-MV zone shall be erected enlareed or structurallv
.t=g=C r=tqr,.Cqr=qs,
=
U.ndsrgrpu.'tC gt
imbedded oarkins shall not be included in any height calculations.
17.75.040 Bulk and densitv reouirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall complv with the setback requirements of the
County's Shoreline Master Program as codified at Ch. 18.27 JCC,
Chapter 17.80. Pleasant Harbor Resort Development
CommenH [PC8]: As opposed to active use c those
Commented [P€91: See prior commenr reguding the Binding
Sire Plm and
Commented [DWA10I: ls rhis Shcie's title or is this a
carryover from the Ludlow MPR Code? I would $ink we wmt it to
be more geneml, in rce the title or the orgmiational structure of
DCD
35 fet in shoreline under BSP.Commented
-4-
17.80.010 Resort develooment.
This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review process for any future resort developmenl and orovides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated develooment within the Pleasant Harbor MPR.
r7.80.020 ment cap.
The Pleasant Harbor MPR in total shall have a development cap of 890 residential units
provided however. short term visitor accommodation units shall constitute greater than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
90.000 square feet ofresort commercial. retail. restaurant and conference space. not including
lobbies and intemal open space.
17.80.030 Resort Plan
The Resort Plan for future development of properties in the Pleasant Harbor MPR means
the regulations" requirements. densities and uses established in the Development Aqreement
between the Countv and Pleasant Harbor Marina and Golf Resorl LLP dated I and approved bv
Ordinance No. fl and as reviewed includes up to 890 residential units. approximately 70.000
square feet of commercial space. as well as infrastructure necessarv to service the development.
17.80.040 Permit process for resort develooment.(l) A project-level supplemental environmental impact statement (SEIS) analyzing
development under the Resort Plan is required prior to issuance of building permits for any new
resort development. The applicant may choose to develop a new environmental impact
statement rather than a supolement.(2) Notice ofapplication for environmental review ofthe Resort Plan shall be provided to all
persons or aeencies entitled to notice pursuant to the land use procedures of JCC Title I 8.(3) Actual buildine permit plans or construction drawines are not required durine the SEIS
process. Architectural drawings including a detailed site plan. and architectural sketches or
drawines showing approximate elevations. sections. and floor plans are required. however. to
ensure that the SEIS considers project-level details.(4) The department of communitu development may impose mitigating conditions or issue a
[enial ofsome or all ofthe Resort Plan based on the environmental review and usine authoritv
provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. [AIEpp,4
detailing any such conditions or denials shall be issued within 30 davs ofissuance ofthe final
SEIS. and prior to issuance of anv Resort Plan building oermits. This report and the conditions.
approvals or denials contained therein shall be treated as an adminishative decision ofthe
permits may be issued. following appropriate plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only followine completion
ofreview and aoproval ofa full resort buildout plan thLrough the SEIS orocess. A phasing
Commented [DWA12I: A reminder to DCD that denial
puruut to SEPA is very difficult to achieve bquse there hu to be
a "rwombly thorough" SEIS d@ument ad that d@umst h4 to
indiete "probable signifimt adverse enviromqtal imp8c1s"
rising from what h6 ben proposed that of,ot be cur€d or
mitigsted dom below the standard of probable t signifiwt +
advere. Mitigation, even ifexperuive, 6 sually get a prcjct's
impaols below rhat shdryd. Also ,CC Sectioo I8.40.040 do6
NOT LIST this "issue a report and it is a T,?e II dwision" o a Type
II decision so that section ofJCC would need amending.
ComrrErr€d [DWA13]: I doubt the legality of this suggetion,
bque it sems to crete an orpha SEPA appal in violation of the
law, orphan b/c it is not @nnect€d to a County pemit, since the
r€pon listed here hs to be genemted before the building pemib
issue. Could sy something much l6s complex hse, such o
"Anicle X of Ch. 18.40 JCC shall be applieble to the pemit
pr@ss for r6on developm@t."
Commented [DWAl4I: This clause will not be needed if the
comment above is implemented.
-5
date.
schedule may be proposed as part of the environmental review or may be developed at a later
17.80.050 Environmental review for Resort Plan development.(l) All project level applications will be eiven an automatic SEPA threshold Determination
of Simificance except where the SEPA-responsible ofTicial determines that the application
results in onlv minor conshuction. A EIS or SEIS is not required if existing environmental
documents adequatelv address environmental conditions as set forth in RCW 43.21C.034.(2) The scope ofan SEIS preoared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007. toeether with such additional
requirements as a project specific application may raise. The scope shall not change the
standards of approval. however. as set forth in the development asreement and these
develooment regulations.(3) The utilitv element ofany subsequent phase environmental review pertainine to the
Pleasant Harbor MPR shall review information on all affected utility systems. includine sewer
and water svstems and the results of required monitoring. The effectiveness of such monitoring
shall be evaluated. Suoplements or changes to the monitorine and reportins svstems shall be
considered ifnecessary to ensure that water quality and water supply are adequately protected
and impacts to natural resources minimized.(4) Any preliminar.v scope for future development within the Pleasant Harbor MPR is based
on the described Resort Plan. Other elements. issues. and specific levels of detail may be
included based on information available at the time the Resort Plan development application is
submitted. Elements noted above may be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially significant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.
( I ) Any proposed enlargement to the Pleasant Harbor MPR boundary or zone changes within
the MPR shall require a Comprehensive Plan amendment and related zoning action. Such
changes are outside the scooe ofthe revision processes described below and in JCC 17.80.070
and 17.80.080. The County may approve an amendment to the Comprehensive Plan only if all
requirements of the Growth Manaeement Act (Chapter 36.704 RCW) are fulfilled.(2) The CounW shall accept buildins oermits only for pro.iects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the coun8 for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Upon approval ofa revision. all subsequent development proposals shall be
consistent with the revised Resort Plan and development regulations.
[3) Prooosed revisions to the Resort Plan shall be submitted to the department of communitv
develooment and the DCD director will determine whether the proposal constitutes a major or
17.80.070 Minorrevisions.
( I ) Minor Revisions. The count-y recomizes that the Resort Plan may require minor changes
to facilities and services in response to changing conditions or market demand and that some
minor revision. Upon making a determination. the proposed revision shall follow the appropriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.1 Commenteal [DWA15]: Do we think that this "mino/' vs
"major" revision thing 6 prdiel? In Pon Ludlow PLA dMys
saw evoything c "minor" md we inwiably said "no, major." AJe
we setting ouelvB up for endless rguments about whether a
chuge prcposed by the Develop€r is "substantial" or not?
Have howwe, thoe may not be a bett€r mwhuisn thu
to seile a local govemment ud yet allow what might
s de minimus etc.
-6-
demee of flexibiliw for the resort is needed. Minor revisions are those that do not result in a
substantial chanse to the intent or purpose ofthe Resort Plan in effect and which:
(a) Involve no more than a ten (10) percent increase in the overall gross square
footage ofthe Resort Plan:(b) Will not have a simificantly ereater impact on the environment and/or facilities
than that addressed in the development olan:(c) Do not alter the boundaries ofthe approved plan:
(d) Do not propose new uses or uses that modiff the recreational nature and intent of
the resort.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and
reviewed by the Jefferson Countv deoartment of communitv develooment to determine if the
revisions are consistent with the existine Resort Plan and Resort Plan SEIS. the Jefferson Countv
Comorehensive Plan and other oertinent documents. Those proposals that satis& the above-
referenced criteria shall be deemed a minor plan revision and may be administratively approved
kas a Tvpe II decision under the land use procedures of JCC Title 18. Unified DevelopmentF---_..F-
Code) lbv the director of the deoartmenl of communitv develooment. Public nolice of the
application, the written decision. and appeal opportunities shall be provided to all persen+en*e
by the land use procedures of JCC Title 18. Unified Development Code. Those revisions that do
not comply with the provisions contained within this section shall be deemed a major revision.
subject to the provisions outlined in JCC 17.80.080.
17.80.80 Maior revisions.
Revisions to the Resort Plan that will result in a substantial chanee to the resort
including: changes in use. increase in the intensitv ofuse. or in the size. scale. or density of
development: or changes which may have a substantial impact on the environment beyond those
reviewed in previous environmental documents. are considered to be major revisions and will
require application for a revised Resort Plan.(l) Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the oroposed revision in relation to the approved Resort Plan and providine a
framework for review. analysis and mitigation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:(a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision complements the existins resort
facilities of ttre MPRI(c) A description of the design and functional features of the Resort Plan revision.
setting out how the revision Eovides for unified development. inteerated site desien and
protection of natural amenitiesr(d) A listing ofproposed additional uses and/or proposed changes to density and
intensitv of uses within the resorl and a discussion of how these chanees meet the needs
of residents of the Pleasant Haxbor MPR and patrons of the resort:
(e) A descriotion and analvsis of the environmental impacts associated with the
proposed revision. includine an analysis of the cumulative impacts of both the proposed
revision and the approved Resort Plan and their effects on surrounding properties and/or
public facilitiesl
Comnrenteal [DWA16]: from what I ca sce this would be
akin to a "minor variece," which is foud on the list of what = Type
tr as found at JCC 18.40.040.
Comm€lrted [PC17l: Do not see this sdion. Sections jump
from I 7 60.060 to I l0?!? We don't need a roster for this resort
,7
(fl A description ofhow the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and any features. such as connections to trail systems.
natural systems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:
(g) A description ofthe intended phasing ofdevelopment proiects:
(h) Maps. drawines. illustrations. or other materials necessax.y to assist in
understanding and visualizing the design and use ofthe completed proposed
development. its facilities and services. and the protection of critical areas:(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands. includine but not limited to
transportation. water. sewer and stormwater facilities: and a demonsfation that sufficient
facilities and services to support the development are available or will be available at the
time development oermits are applied for.(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision (Type III). with a reouired public hearing orior to the decision. Public notice ofthe
application. the written decision. and apoeal opportunities shall be provided to all persons on the
Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or agencies as required
bv the land use procedures of JCC Title 18. Unified Development Code. Any proposed maior
revision involving a change to the boundaries of the MPR zone shall require a Comprehensive
Plan amendment (a Type V countv commissioners decision) prior to any decision on the Resort
Plan amendment.(.3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan
only if all the following criteria are met:(a) The proposed revision would further the goals and oolicies set forth in the
Comprehensive Plan:(b) No unmitieated sierificant adverse environmental impacts would be created by
the proposed revision:
(c) The revision is consistent with all applicable development regulations. including
those established for critical areas:(d) On-site and off-site infrastructure (including but not limited to water. sewer.
storm water and hansportation facilities) impacts have been fully considered and
mitigated:(e) The proposed revision complements the existing resort facilities. meets the needs
ofresidents and patrons. and provides for unified development. integrated site design.
and protection of natural amenities.
-8-
Title l8
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 ifthe residential uses are integrated into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The first.gtly e*iqling
officially desigrated 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 ofJCC Title 17. The master planned resort ofPort Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a ma.rin4 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 intemal 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.(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second officially designated master planned resort in the County. The Pleasant Harbor MPR is
desienated in accordance with RCW 36.704.360 as a new master planned resort and is subject to
the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by a golf course resort
facility south of Black Point Road and a marina,/Maritime Village and associated housine north
ofBlack Point Road. The resort is predominately desiened to serve resort and recreation uses and
has only limited full-time occuoancv. The resort is served bv the Brinnon Rural Center. which
accommodates LAMIRD-scale commercial uses serving the resort and local oopulation. The
master planned resorf s intemal rezulations and planning reshictions such as codes. covenants
and restrictions may be more restrictive than the reouirements in JCC Title 17. However.
Jefferson Coturtv does not enforce private codes. covenants and restrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The^edledsting gfficially deqigaated master planned lqqqrt! in the county ryiq the Port
Ludlow MPR and the Pleasant Harbo , 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. Pleasant Harbor MPR is adopted pursuant to RCW 36.704.360
pertaining to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.704.360 requires compliance with the provisions of this article and a
formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080.
Formatted:
Formatted : Strikethrough
Fomatted: Strikethrough
-9-
[A.tS.tZO Purpose and intent.l
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
36.704.360 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 ofthis 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 lAlbwableusesl
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.704.360:
(l) 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 ofthe 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) Meetingfacilities;
(c) On-site retail businesses and services which are designed to serve the
needs ofthe 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 offrces.(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent ofthis section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A,_360.
18.15.126 ftequirements for master planned resorts. l-
Commented [DWAlE]: No cheges proposed.
Commented IDWA19!: No chmges proposed
Commnted No
-10-
An applicant for an MPR project must meet the following requirements:
(l) Master Plan. A master plan shall be prepared for the MPR to desoibe 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 athact
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 ofthe 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
ofthe 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 ofthe environmentally sensitive areas ofthe 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 ofhow 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 ofthe development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(D A description ofthe intended phasing ofdevelopment ofthe project ifany. 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 ofall 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 XI of Chapter I 8.40 JCC (Development
Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and
RCW 36.708.170, the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned
resort, which may include, but are not limited to:
-l t-
(a) Permitted uses, densities and intensities ofuses, and building sizes;
(b) Phasing ofdevelopment, ifrequested by the applicant;
(c) Procedures for review ofsite-specific development plans;
(d) Provisions for required open space, public access to shorelines (ifapplicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retaiVcommercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Ac!
Chapter 43.21C RCW, and other development conditions; and
(0 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 ofJCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and
JCC 18.45.030 may be used ifdeemed 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. Ifdeemed 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-ll-164 and 197-l l-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.110.
18.15.129 lApplication requirements and approval process.l
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:
(l) A draft of the master plan shall be prepared to meet the requirements of JCC
18. r5.126(l).
(2) A request for authorization ofa 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
meettherequirementof JCC 18.15.126(3) and 18.45.040. [Ord.8-06 $ l]
18.15.132 pecision-makingauthority.
(l) The planning commission, pursuant to its authority specified 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 ofcounty 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
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
ComnrenEd [DWA2U: No chmges proposed.
Commented [DWA22]: No changes proposed
-12-
18.f 5.f35 priteria for approvall
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
modihcations can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(l) 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 ofthe county,
(3) Ifan 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 ofnatural 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 to 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 of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 g l]
18.15.138 pe**udlewMasterPlanned Resort.l_________
The Pe**udl,erv Master Planned Resort Code (JCC Title l7), 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.
Comnrented [DWAAI]: No changes proposed.
Commented [DWA24I: This change is accepable.
- l3-