HomeMy WebLinkAbout044Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Attachments:
David W. Johnson <djohnson@cojefferson.wa.us>
Monday, November 03, 2014 2:06 PM
'Garth Mann'; peckassoc@comcast.net
David W. Johnson
FW: Pleasant Harbor MPR
image0Oljpg;20L410 28 Development Agreement_w_DWJ edits.docx; 2014 70 28
Pleasant Harbor Zoning Code_w_DWJ edits.docx; Housing & Healthcare MOUs.pdf;
Master Planned Resorts.docx
Ga rth,
This is the last piece we are waiting for. Could you drop a note to JT that we need this asap?
Thanks!
From: David W. Johnson
Sent:Wednesday, October 29,2074 2:15 PM
To: JT Cooke
Cc: peckassoc@comcast.net; 'Schipanski, Rich'; 'Hollinger, Kristy'; 'Garth Mann'; David W. Johnson; David Alvarez
Subject: RE: Pleasant Harbor MPR
JI ,
Please review the attached, make additions/corrections and return.
Thanks !
From: JT Cooke [mailto:jt@houlihan-law.com]
Sent: Friday, October 24,2014 2:01 PM
To: David W. Johnson
Cc: peckassoc@comcast.net<mailto:peckassoc@comcast.net>; 'Schipanski, Rich';'Hollinger, Kristy'; 'Garth Mann'
Subject: RE: Pleasant Harbor MPR
Hi David-
Attached please find the revised zoning code and development agreement which address your comments and changes.
Please let me know if you have any questions.
Thanks,
JT
[Signature JT]
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. Joh nson [ma ilto :djohnson @co.jefferson.wa.us]
Sent: Monday, October 20,20L41:05 PM
To: JT Cooke
1
Cc: peckassoc@comcast.netcmailto:peckassoc@comcast.net>; David W. Johnson; Schipanski, Rich; Hollinger, Kristy;
Garth Mann
Subject: RE: Pleasant Harbor MPR
JT,
We are getting ready to release the Draft SEIS and need to final Draft of the DA & DRs. Did you do anything subsequent
to this regarding incorporating our proposed changes?
Thanks!
From: JT Cooke Imailto:jt@houlihan-law.com]
Sent: Tuesday, May 20,2O'J.4 4:50 PM
To: David W. Johnson
Cc: peckassoc@comcast.netcma ilto: peckassoc@comcast.net>
Subject: RE: Pleasant Harbor MPR
Thanks, David. I will take a look and get back to you
JT
[Signature JT]
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 Ima ilto:djoh nson @co.jefferson.wa. us]
Sent: Tuesday, May 20,2074 4:40 PM
To: JT Cooke
Cc: peckassoc@comcast. net<mailto: peckassoc@comcast.net>; David W
Subject: RE: Pleasant Harbor MPR
Johnson
JT,
Here are our proposed revisions and comments. Please review and provide a revised draft.
Thanks !
From : JT Cooke Imailto:jt@houlihan-law.com]
Sent: Friday, April 7t,2Ot4 8:50 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 may
result in modifications of these documents. That said, I think we are sufficiently far enough along that it makes sense to
get the County's input at this stage.
Please let me know if you have any questions.
Thanks,
JT
2
[Signature JT]
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3
PLEASANT HARBOR MASTER PLANNED RE,SORT
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)
Chanter 17.60. General Provisions
17.60.010 Authoritv.
This title is adopted pursuant to Chapters 36.70 and 36.704' RCW. and Titte l8 JCC.
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 Harbor MPR Code." Citations to these
resulations may be made using 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
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60.040 Additionalrequirements.
Title 1 5 and Title 1 8 of the Jefferson County may supplement the regulations presented in
this Article in accordance with the terms and conditions of the Development Agreement entered
into befween Jefferson CounU and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Applicabilitv.
'l'he nrovisions of this title shall annlv 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. Washingion.
17.60 060 Exemptions.
The lollowing structures and uses shall be exempt lrom the re&ulations of this title, but
are subject to all other applicable local, state and federal reeulations includine. but not limited to.
the counly building ordinance. interim critical areas ordinance. the shoreline management master
program. and the State Environmental Policy Act (SEPA).
-l-
(l) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for
the distribution to consumers of telephone or other communications. electriciU. gas. or water or
the collection ofsewage. or surface or subsurface water operated or maintained by a
governmental entity or a public or private utilitv or other county franchised utilities including
customary meter pedestals, telephone pedestals. distribution transformers and temporary utility
facilities required during building construction. whether any such facility is located underground"
or above-ground: but only when such facilities are located in a street right-of-wa), or in an
easement. This exemption shall not include above-ground electrical substations. sewage pump
stations or treatment olants. or potable water storage tanks or facilities. which shall require
conditional use approval in any zone where permitted:(2) Underground utility equipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters. or similar structure or device which is found by the director of community
development to be appropriately located in the public interest:(3) Minor construction 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 lacility or pond shall be screened from the
oublic right-of-way or appropriately landscaped to ensure compatibility with the surrounding
afea.
I7.60.110 Nonconformins uses and structures.
Existing legal residential and non residential land uses and structures in all zones ofthe
Master Planned Resort are lawful uses and may be continued in a manner consistent with state
law. Titles 15 and l8 of the Jefferson Countv Code and any other applicable regulations or
Ordinances.
17.60.120 Provisions bindins on the land.
The provisions ofthis section shalI apply to any subsequent owners. lessees. tenants or
others with an interest in the prooerU subject to the master planned resort. including but not
limited to successors in interest. holders ofany recorded interest recorded subseouent to the
MPR approval. communify associations. lacility providers and special service districts operating
within the MPR area.
Chapter 17.65. Golf Resort (MPR-GR)
17.65.0I0 Purpose.
The MPR-CR zone provides residential and recreational facilities. as well as commercial
amenities and services associated with the resort and surrounding communitv. It provides the
central resort and conference facilities.
17.65.020 Permitted Uses.(l) Residential uses including single-family and multifamily structures. condominiums.
townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all
kinds.
-2-
(2) Short-term visitor accommodations. ofnot less than 6570 ofthe total residential units.
including. but not limited to hotels. motels. lodges. and any residential uses allowed under
subsection I ofthis section that is made available lor short-term rental.
(3) Visitor oriented amenities. including. but not limited to (a) conference and meeting
lacilities: (b) restaurants. cafes. delicatessens. pubs. taverns and entertainment associate with
such usesl (c) on-site retail services and businesses typically found in destination resorts and
designed to serve the convenience needs ofusers and employees ofmaster planned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities of all kinds including. but not limited to. art galleries.
and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. includine but not limited to golf
courses (including accessory structures and facilities. such as clubhouses. practice facilities. and
maintenance facilities). tennis courts. swimming pools. spa services. hiking trails. bicycle paths.
ropes courses. amphitheater. and other recreational uses consistent with the nature ofmaster
planned resort:(6) Waste water treatment facilities. including treatment plants. capture. storage and
transmission facilities to serve a reuse/recycle program for on-site heatment and use/reuse of
waste water and stormwater:(7) Public water supply and related facilities:(8) Pubtic facilities and services as defined in JCC 18.10.160:(9) Utilities supporting the resort:(10) Emergency services (fire. oolice. EMS): and
(l 1) Other similar uses consistent with the purpose of the this zone and MPR as determined by
the Department of CommuniE Develooment.
17.65.030 Heiehtrestrictions.
No buildings within the MPR-GR zone shall be erected. enlareed or structurally modified
to exceed 75 feet in height as measured by IBC standards. Underground or imbedded parking
shall not be included in any heieht calculations.
17.65.040 Bulk and density requirements,
There are no yard or setback provisions internal to the MPR-GR zone. All structures
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.
Chapter 17.70. Open Space Reserve (MPR-OSR )
17.70.0I0 Purnose.
The purpose of the MPR-OSR zone is to provide a natural buffer between the resort
activities and the waters of Hood Canal. The MPR-OSR zones shall be in tracts and. On the
south shore the zone shall be 200 feet from OMHW as measured under the Shoreline
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.
3-
I7.70.020 Permitteduses.
The following uses are permitted in the MPR-OSR zone:
(l) Restoration olexisting development intrusions (roads. campsites) to there natural pre-
development state: and(2) Passive recreation that does not reduce the forest canopy. 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 Purnose.
The MPR-MV zone orovides mixed use amenities and services associated with the
marina portion of the resort and surrounding community. and provides the central support to the
marina operations.
17.75.020 Permitted uses.
The followins uses are oermitted in the MPR-MV:
( I ) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated resulations Chapter 18.25 JCCI(2) Residential uses including single-lamily and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kinds;(3) Marina Village related upland mixed use. commercial and service facilities. including
open parking lots. restaurants and shops. as well as marine service facilities. marina office. yacht
club and recreation facilities serving the resort and the Marina:(4) Accessory uses and structures. such as garages. carports. storage buildings and similar
structures supporting marina and maritime village uses. fuel service and parkingl(5) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts. swimming pools. marinas. hiking trails. bicycle paths. ropes courses. game center
and other recreational uses consistent with the nature of master olanned resort.:
(6) Utilities supporting the resort:(7) Infrastructure and buildinss. both above and below qround. for the utilitiesl(8) Emergency services (fire. police. EMS):(9) Public facilities. and services serving the MPR-MV zonel and
( I 0) Other similar uses consistent with the purpose of the this zone and MPR as determined by
the Department of Community Development..
17.75.030 Heiehtrestrictions.
No buildings within the MPR-MV zone shall be erected. enlarged or structurally
modified to exceed 35 feet in height as measured by IBC standards, Underground or imbedded
parking shall not be included in anv heieht calculations.
17.75.040 Bulk and densitv requirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County's Shoreline Master Program as codified at Ch. 18.27 JCC
Chapter 17,80. Pleasant IJarbor Resort Develonment
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17.80.010 Resortdevelopment.
This section describes the "Resort Plan" for facilities to be located in the resort MPR, sets
out a reouired environmental review process for any future resort develooment, and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80,040 Permit process for resort develonment.(l) A project-level supplemental environmental impact statement (SEIS) analvzing
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 imoact
statement rather than a supplement.(2) Notice olapplication for environmental review of the Resort Plan shall be provided to all
persons or agencies entitled to notice pursuant to the land use procedures ofJCC Title 18.(3) Actual building oermit plans or construction drawings are not required durins 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 community development may impose mitieating conditions or issue a
denial of some or all of the Resort Plan based on the environmental review and using authority
provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. A+epert
ien+
plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertaken in phases, but only following complction
ofreview and approval ofa full resort buildout plan through the SEIS orocess. A phasing
ine-examin*Article X of Chapter I8.40 JCC
t
(5) Following completion olthe SEIS building permits may be issued. lollowing appropriate
5-
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a develooment cap of 890 residential units
provided. however. short term visitor accommodation units shall constitute greater than 65
percent ol 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 internal 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 Agreement
between the County and Pleasant Harbor Marina and Golf Resort. LLP dated il and aoproved by
Ordinance No. [] and as reviewed includes up to 890 residential units. approximately 70.000
square feet of commercial space. as well as infrastructure necessary to service the development.
date.
schedule may be proposed as oart of the environmental review or may be developed at a later
17.80.050 Environmental review for Resort Plan develonment.(1) All project level applications will be given an automatic SEPA threshold Determination
of Significance except where the SEPA-responsible official determines that the apolication
results in only minor construction. A EIS or SEIS is not required if existing environmental
documents adequately address environmental conditions as set forth in RCW 43.21C.034.(2) The scope ofan SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007. together with such additional
requirements as a project specific aoplication may raise. The scope shall not change the
standards of approval. however. as set forth in the development agreement and these
development regulations.(3) The utility element ofany subsequent phase environmental review pertaining to the
Pleasant Harbor MPR shall review information on all affected utility systems. including sewer
and water systems and the results of required monitoring. The effectiveness of such monitoring
shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be
considered if necessary to ensure that water quality and water supply are adequately protected
and impacts to natural resources minimized.(4) Any preliminary scope for future development within the Pleasant Harbor MPR is based
on the described Resort Plan. Other elements. issues. and speciflic 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.(l) 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 scope 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 GroMh Management Act (Chapter 36.70A RCW) are fulfilled.(2) The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the countv for
approval prior to the acceptance ofany 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 reeulations.(3) Proposed revisions to the Resort Plan shall be submitted to the department of communitv
develooment and the DCD director will determine whether the propssal constitutes a m4jor or
minor revision. Upon making a determination, the proposed revision shalI follow the appropriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.(l) Minor Revisions. The county recognizes that the Resort Plan may require minor changes
to facilities and services in response to changing conditions or market demand and that some
-6-
degree of flexibility for the resort is needed. Minor revisions are those that do not result in a
substantial change 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 sguare
lootage ofthe Resort Planl(b) Will not have a significantly greater impact on the environment and/or facilities
than that addressed in the development plan:
(c) Do not alter the boundaries ofthe approved plan:(d) Do not propose new uses or uses that modify 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 department of community development to determine if the
revisions are consistent with the existing Resort Plan and Resort Plan SEIS. the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satisfy the above-
referenced criteria shall be deemed a minor plan revision and maJr be administratively approved
(as a Tyoe II decision under the land use procedures of JCC Title 18. Unified Development
Code) by the director of the department of community development. Public notice of the
application. the written decision. and apoeal opportunities shall be provided to all persons or
agencies as required 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 change to the resort
including: changes in use. increase in the intensity ofuse. or in the size. scale. or density of
development: or changes which may have a substantial impact on the environment be),ond 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 proposed revision in relation to the aporoved Resort Plan and providing a
framework for review. analysis and mitigation of the revised development activity proposed. The
Resort Plan revision prooosal shall include the following information:(a) A description ofhow the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Planl(b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR:(c) A description ofthe desiga and functional features ofthe Resort Plan revision.
setting out how the revision provides for unified development, integrated site design and
protection of natural amenities:(d) A listing ofprooosed additional uses and/or nroposed changes to density and
intensi8 ofuses within the resort. and a discussion ofhow these changes meet the needs
of residents of the Pleasant Harbor MPR and patrons of the resort:(e) A description and analysis of the environmental impacts associated with the
proposed revision. including an analysis of the cumulative impacts of both the proposed
revision and the approved Resort Plan. and their effects on surrounding progerties and/or
public facilities:
7-
(0 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 descriotion ofthe intended phasing ofdevelopment projectsl(h) Maps. drawinss. illustrations. or other materials necessary to assist in
understanding and visualizing the design and use ofthe completed proposed
development. its facilities and services. and the protection ofcritical areas:(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands. including but not limited to
transportation. water. sewer and stormwater facilities: and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.(2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision $ype III). with a required oublic hearing prior to the decision. Public notice of the
application. the written decision. and aooeal opportunities shall be provided to all persons on the
Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or aeencies as required
by the land use procedures of JCC Title 18. Unified Development Code. Any proposed major
revision involving a change to the boundaries of the MPR zone shall require a Comprehensive
Plan amendment (a Type V county 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 unmitisated sigxificant adverse environmental impacts would be created by
the prooosed 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 transportation 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 36.704.360, 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 ofsignificant 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.
(1) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifSter+ly existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-famity and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort ofPort
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.(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
designated 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 housing north
ofBlack Point Road.'Ihe resort is predominately designed to serve resort and recreation uses and
has only limited full-time occupanc)'. The resort is served by the Brinnon Rural Center. which
accommodates LAMIRD-scale commercial uses serving the resort and local population. The
master olanned resort's internal regulations and planning restrictions such as codes. covenants
and restrictions may be more restrictive than the requirements in JCC Title 17. However.
Jefferson County does not enforce private codes. covenants and restrictions.
l8.l5.ll5 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The ontfexis++ng officially designated master planned resorts in the county AIg+s the Port
Ludlow MPRaofuhc Pleasanltlarbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. 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 36.70.4.360 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.
-9-
18.15.120 Purpose and intent.
Jefferson County has a wide range ofnatural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural communities. The
purpose ofthis article is to establish a master planned resort land use district to be applied to
those properties the board ofcounty commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15,123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
(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 ofthe 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, lood 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) Capitat flacilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and,/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent ofthis section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
18.15.126 Requirements for master planned resorts,
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An applicant for an MPR project must meet the following requirements:
(l) Master Plan. A master ptan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part 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 residentiaI 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 witl 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 of the 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 18.40 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
lorth 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
facitities, and on-site retai[/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21C RCW, and other development conditions; and(0 Other development standards including those identified in JCC 18.40.840 and
RCW 36.708. r70(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 ildeemed 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 ofa master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.1 10.
18.15,129 Application requirementsand approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(l) A draft of the master plan shall be prepared to meet the requirements of JCC
r8.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
meet the requirement of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 g 1]
18.15.132 Decision-makingauthority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.(2) The board ofcounty commissioners, pursuant to its authority specified under JCC
18.40.040, I8.40.850(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.
-12-
18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteri4 then the
application shalt 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 ofthe 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 safefy, 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 shatt 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 tands 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 lor 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 $ l]
18.I5.138 Perltudforv Master Planned Resort.
The Port-tudl,ew Master Planned Resort Code (JCC Title l7), as may be amended to be
consistent with the provisions ol this UDC, is hereby adopted by relerence and made a part of
this UDC.
- 13-
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 naturalamenities. A resort may include other residential
uses, but only if the residential uses are integrated into and support the on-site recreational nature of
the resort.
(1) Port Ludlow Master Planned Resort (MPR). The only existing officially designated master
planned resort in the county is the Port Ludlow MPR, which is designated in accordance with
RCW 36.70A.362 as an existing master planned resort and is subject to the provisions of JCC Title
17. The master planned resort of Port Ludlow is characterized by both single-family and
multifamily residential units with attendant recreational facilities including a marina, resort and
convention center. The master planned resort of Port Ludlow also includes a large residential
community. The entire resort is served by a village commercial center, which accommodates
uses limited to serving the resort and local population. The master planned resort's internal
regulations and planning restrictions such as codes, covenants and restrictions may be more
restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce
private codes, covenants and restrictions. [Ord. 8-06 5 1]
Article lV. Master Planned Resorts - Special Provisions
18,15.115 Designated.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The
only existing officially designated master planned resort in the county is the Port Ludlow MPR,
provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW
36.704.362 regarding designation of existing master planned resorts. Designation of any new master
planned resorts pursuant to RCW 36.70A.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. [Ord. 8-06 $ 1]
18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water, natural
resources, scenic qualities, cultural, and geological features, which are desirable for a wide range of
recreational users to enjoy. New master planned resorts authorized by RCW 36.70A.360 offer an
opportunity to utilize these special features for enjoyment and recreational use, while bringing
significant economic diversification and benefits to rural communities. The purpose of this article is to
establish a master planned resort land use district to be applied to those properties the board of county
commissioners determines are appropriate for development as a master planned resort consistent with
the Comprehensive Plan policies and RCW 36.70A.360. [Ord. 8-06 5 1l
18.15.123 Allowable uses,
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.704.360:
(1) All residential uses including single-family and multifamily structures, condominiums, time-share and
fractionally owned accommodations; provided, such uses are integrated into and support the on-site
recreational nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges, and other
residential uses, that are made available for short-term rental; provided, that short-term visitor
accommodations shall constitute no less than 65 percent of the total resort accommodation units.
(3) lndoor 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 recreationalvehicle (RV) sites.
(5)Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the needs of the users such as gas
stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real
estate/property management offices; and
(d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental
and sales.
(6) Cultural and educationalfacilities, 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) Tempora ry and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of
this section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360.
lord. 8-06 5 1I
18.15.126 Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and provide a
framework for project development and operation. This shall include:
(a)A description of the setting and natural amenities that the MPR is being situated to use and enjoy,
and the particular natural and recreational features that will attract people to,the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term visitor
accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities
offered or provided as part of the resort's services, and commercialand supportive services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR
and a discussion of how these uses and their distribution meet the needs of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing the full extent and
ultimate development of the MPR or resort and its facilities and services, including residential and
nonresidential development types and location.
(e)A description, with supportive information and maps, of the design and functionalfeatures that
provide for a unified development, superior site design and protection of natural amenities, and which
further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening,
and open space, recreational facilities, road and parking design, capital facilities, and other components
are integrated into the project site.
(f) A description of the environmentally sensitive areas of the project and the measures that will be
employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the
Shoreline Management Act, a description and supportive materials or maps indicating proposed public
access to the shoreline area pursuant to the Shoreline Master Program.
(g)A description of how the MPR relates to surrounding properties, and how its design and arrangement
minimize adverse impacts and promote compatibility among land uses within the development and
adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or
desirable for the support of the development will be available, and that concurrency requirements of
the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The initial application for
an MPR shall provide sufficient detailfor the phases such that the full intended scope and intensity of
the development can be evaluated. This shall also discuss how the project will function at interim stages
prior to completion of all phases of the project, and how the project may operate successfully and meet
its environmental protection, concurrency, and other commitments should development cease before
all phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a development
agreement as authorized by Article Xl of Chapter 18.40 JCC (Development Agreements), and RCW
36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and RCW 36.70B.170, the
development agreements shall be prepared by the applicant and must set forth the development
standards applicable to the development of a specific master planned resort, which may include, but are
not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented
accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site
reta il/com mercia I services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW,
and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and RCW 36.708.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-
specific amendment of the Comprehensive Plan Land Use Map to a master planned resort land use
designation, pursuant to the requirements of JCC 18.45.040; provided, that the subarea planning
process authorized under Article Vll of Chapter 18.15 JCC (Subarea Plans) and JCC 18.45.030 may be
used if deemed appropriate by both the applicant and the county. The Comprehensive Plan amendment
or subarea plan may be processed by the county concurrent with the review of the resort master plan
and development agreement required for approval of a master planned resort.
(4) Planned Actions. lf deemed appropriate by the applicant and the county, a master planned resort
project may be designated by the county as a planned action pursuant to the provisions of RCW
43.21C.031and WAC 797-lt-L64 and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial
and other services should be contained within the boundaries of the MPR, and such services shall be
oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside
the boundaries of a master planned resort, except in areas otherwise designated as urban growth areas
in compliance with RCW 36.70A.110. [Ord. 8-06 5 1]
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring legislative
approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirements of JCC 18.15.L26(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of JCC
18.15.726(2) and Article Xl of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to meet the
requirement of JCC 18.L5.126(3)and 18.45.040. [Ord.8-06 5 1]
18.15.132 Decision-making authority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and 18.45.080,
shall hear and make recommendations on master plans and site-specific applications for MPR land use
designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC 18.40.040,
18.40.850(5) and 18.45.080, shall designate new master planned resort land use districts on the
Comprehensive Plan Land Use Map, approve the uses, densities, conditions and standards authorized
for site-specific MPRs in a development agreement, and approve master plans. [Ord. 8-06 S 1]
18,15.135 Criteria for approval.
An application to develop any parcelor parcels of land as an MPR may be approved, or approved with
modifications, if it meets allof the criteria below. lf no reasonable conditions or modifications can be
imposed to ensure that the application meets these criteria, then the application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article Vl-D of this chapter
( Environmenta lly 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 allother applicable sections of this code and allother
codes and policies of the county.
(3) lf an MPR will be phased, each phase contains adequate infrastructure, open space, recreational
facilities, landscaping and all other conditions of the MPR sufficient to stand alone if no subsequent
phases are developed.
(a)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 orderto incorporate
and retain, as much as feasible, the preservation of naturalfeatures, historic sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated.
(8) lmprovements 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 5
1l
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!_,2014,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
256 acres located within Jefferson County which property is described with particularity
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 36.70,4.360 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 pubtic at large will invest considerable time in the County permit and
review process for the future buildout ofDeveloper's Property.
WHEREAS, the Washington State Legislature enacted RCW 36.708. 170-.210 to
strengthen the land use planning process and reduce the costs ofdevelopment 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
lor 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
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 ran to _2014, and a hearing was held
before the Jefferson County Board of County Commissioners on _, 20 14. The
BOCC authorized execution of this Agreement by Resolution No. adopted on
_,2014.
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 ofwhich consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section 1 EFFECTM DATE AND TERM
l.l Effective Date
The effective date shall be the date ofthe adoption ofa resolution by the Jefferson
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 Modification
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 ofapproximately 256 acres and
is described with particularity in Exhibit I ("Developer's Property"). A map showing the
location of the proposed on Developer's Property within the Pleasant
Harbor MPR is attached as
Section 3. DEVELOPMENT STANDARDS
3.1 Permitted Uses and Density Standards;
The permitted land uses and development regulations for development within
Developer's Properry are set forth in chapters 17.60 through 17.80 ofthe Jefferson
County Code, attached as Appendix A.
2
Commented IDWJ1]r Strictly wouldn't we need a
and Brskfast
Commented [DWJ2I: JT: nred latrguage to @mply with JCC
18.15.123(2)(a) specifically reg{ding dwelopment restricted to 890
residetrtial units md 79,000 squtre feet of@mmercial development
md the restriaion ofnot less than 6570 oftotal residmtial units 6
rental.shon term be inShould alrc the
t7Tille Ss anachedArticle II.
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 ofPleasant Harbor
MPR. The sive Plan poticies for the Pleasant Harbor MPR are attached as
3.3 Surface Water Standards
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Stormwater Management Code, JCC 18.30.070. A copy of the Code
section is attached in Appendix C. The County shall be responsible for the management
of surface water in all public road rights of way, easements accepted by the County for
maintenance and other areas dedicated to the public.
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 Apoendix D.
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 Regutatory Reform Legistation, ESHB
1724 (ch.347, Laws of 1995), as codified in Permit Apptication and Review
Procedures/SEPA Implementation, Chapter 18.40 JCC. A copy of the Code sections are
attached in Appendix E (Chapter 18.35 JCC) and F (Chapter 18.40 JCC).
3.6 Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Shoreline Master Program, Chapter 18.25 JCC, in effect as of the date
of this Agreement. A copy of the applicable Shoreline Master Program is attached as
Appendix G.
3.7 AdditionalDevelopmentStandards
Additional Development Standards as identified in Chapters 12.05, 12.10.+gJ+
r 8.30 JCC-as exist as ofthe date ofthe of shall also
appty to the extent they do not conflict with the terms of this Agreement. A copy of the
applicable Code sections are attached in Aopendix H.
3.8 Pleasant Harbor MPR Water Service
Water main extensions and potable water system improvements for potable water
service that may be required to serve the Pleasant Harbor MPR shall be installed in
or
notmay be
I ould
willbe
in 2016, or
J
Commented
anddrafted
final
12. l5 has been I deleted it.Commented
conformance with the most current approved specifications and requirements, at the time
ofinstallation, ofthe_ [water purveyor], the Jefferson County
Coordinated Water System Plan and the Washington State Department of Heath and all
other applicable laws, ordinances, rules and regulations. A copy of the applicable plan is
attached in Appendix L
3,9 Pleasant Harbor MPR Sewer Service
Sewer mains and sewer system improvements that may be required to serve
Developer's Property shall be installed in conformance with the most current, approved
specifications and requirements of the [purveyor] General Sewer
Plan, as approved by the Department ofEcology, and all other applicable laws,
ordinances, rules and regulations. A copy ofthe applicable plan is attached in Appendix
J.
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:
Sheriff-Jefferson County shall provide law enforcement services within
the Pleasant Harbor MPR consistent with the Memorandum of
Understanding (MOU) attached as Appendix N- I .
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.
I
a
o
:_Transportation-Public transportation services to the resort are provided
by Jefferson County Transit, Mitigation fees associated with development,
ifany, shalt be determined and paid pursuant to applicable state and local
law as set forth in the MOU attached as Aopendix N-4.
4
The County agrees that the these MOUs satisfi condition 63(c) of County Ordinance No.
0l -0128-08 and further agrees that will be required to provide additional
mitigation for these services fire and EMS and
transportation) beyond the terms of the MOUs for ment
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
Zoning Code (Appendix A) and the County's Permit Application and Review
Procedures/SEPA Implementation, Chapter 18.40 JCC, which is attached in Appendix F.
4.2 SEPA pompl
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
fotlowing documents:
a Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf
Resort (September 5, 2007);
a Pleasant Harbor Marina and Golf Resort, Finat Environment Impact Statement
(November 27,2007);
Pursuant to Condition 63b ofOrdinance 0l-0128-08, the County required a supplemental
impact statement on the planned final configuration of the MPR, and the systems
designed to address the conditions and 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:
a Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort ( date_);
a Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement (_date_).
(the draft and final EIS and SEIS are referred to collectively as the "Prior EISs").
4.2.2 Future SEPA Review for Individual 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.
5
IDWJ8]: JT: must
23(2)(e) regrding
proposed in the SEIS
Commented More accurate.
Except as provided in this Section, no further SEPA review is required, and no additional
substantive SEPA mitigation measures are required for approvals or permits that
authorize development that is consistent with level and range of development 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 ofenvironmental
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 (Appendix 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 govemed 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 1 8 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. I 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 governed 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 safetv requirements. The Board of County
Commissioners reserves the authority to modifr one or more of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
Agreement, after notice, a public hearing and adoption offindings and conclusions, to the
extent required to avoid a serious threat to public health or safety, as provided in RCW
36.708. r 70.
6
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 Building Codes. Jefferson County Code Title 15, The
Intemational Building Code and International 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.
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 the SEIS) is attached as Exhibit 4. Each phase may further be
broken down into discrete sub-phases as conditions dictate.
5.1.1 Phase l. Phase I consists ofthe construction ofprimary 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
101 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 comprising329 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.
5.1.4 Phase 4. Phase 4 completes buildout of the Pleasant Harbor MPR
with construction of I 76 Sea View Villa residential units and 6 Golf Vista residential
units.
,7
Commented IDWJ9]: See Craig Peck's email requesting
this section.betwen
Commented [DWJlO]! JT: n*d lilguge that @mpiles with
JCC I 8. I 5. 123( IXD ed (zxb). This nay include a provision for
5.2 PreliminaryFacilities
Preliminary facitities 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 suffrcient 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.
5.3 Public Amenities and Access
Public amenities and access are those facilities and improvements that provide
resort related activities and services. The Pleasant Harbor MPR shall, at a minimum,
shalI contain the fotlowing resort amenities (l) an l8-hole golfcourse; (2) spa services;
(3) amphitheater; (4) pool; and (5) ropes course. These amenities shall be completed
and made available to members of the .blic for a fee to be established
by Devcloper.
5,4 Local Employment and Construction Materials
peveloper will advertise and sive written notice at libraries and post offices in
East Jefferson County and recruit locally to fill opportunities for contracting and
materials a**labe+from Jefferson County to develop the Pleasant Harbor MPR.
in this section shall require that developer utilize materials or labor from Jefferson
County that are not of comparable price or quality to their counterparts outside of
Jefferson County.
8
&
commenH IDWJ12l: Verbatim from the BoCC Conditions 63
this
JT: ned to add a seaion that @mplies
Sp@ifically how the dewlops shall
Commented [DWr13l:.
with BoCC Condition 63(9).
Formatted: Font: Bold
Formatted: Font: Bold
Commented [DWJ11]! Relates to JCC 18.15.123(l)(i) and
Section 6. GENERAL PROVISIONS
6,1 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws
and regulations of the State of Washington.
6.2 Binding on Successors; Assignment; Release of Liability
6.2.1 Binding 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 ofDeveloper'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
of Developer's Property, including transfer of all interests through foreclosure (udicial or
non-judicial) or by deed in lieu offoreclosure. 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 pemaining to the property transferred or assigned, and Developer
shatl be released of liability under this Agreement for the property transferred or
assigned, but shall retain liability for any breach which occuned prior to the transfer of
rights to another party and for those portions ofthe Property still owned by Developer.
6.2.3 Release of Liability. Developer shall be released of all liabilities
and obligations under the Agreement if: (a) Developer provides notice to the County of
an Assignment of the Agreement and (b) the assigned has assumed in writing the
obligations of the Agreement. If the conditions for release are met under this sub-section,
then from and after the date oftransfer, Developer shall have no further liability or
obtigation under the Agreement, and the assignee shall exercise the rights and perform
the obtigations of Developer under the Agreement for that poftion 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 ofliability pursuantto this paragraph shall only
apply to acts or omissions arising from or related to the portion of Developer's Property
being assigned or transferred.
6.3 Recording; Release as to Residential Development
9
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
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 ofreal property
that received final plat approval, filed a condominium declaration or was the subject of
other approved land division. Residential development on the parcel or parcels released
pursuant to this subsection shall continue to be subject to the requirements ofthe
development regulations listed in Sections 3 (all) and 4.1 above.
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 ofthe 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 ofannexations (see RCW
354.14.330), andtheDevelopmentAgreementStatute(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 oflaw 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 represent and warrant that it has the
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
10
Exhibits I through 4 and Appendices A througlr O are incorporated herein by this
reference as iffulty 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.
6.8 Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
6,9 Time of Essence
Time is of the essence of this Agreement in every provision hereof. Unless
otherwise set forth in this Agreement, the reference to "days" shall mean calendar days.
If any time for action occurs on a weekend or legal holiday, then the time period shatl 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.
6.1I DisputeResolution
In the event of any dispute relating to this Agreement, all parties upon the written
request (to be titled "Notice of Dispute") of any other party, shall meet within the five (5)
business days to seek in good faith to resolve the dispute. The County shall send a
department director or the qualified lead planner and other persons with information
relating to the dispute, and Developer shall send an owner's representative and any
consultant or other person with technical information or expertise related to the dispute.
If the parties are unable to reach amicable resolution of a dispute within thirty (30) days
of the written Notice of Dispute issued by one of the parties, the parties agree that they
will immediately identify a mediator and participate in mediation in good faith. The
selected mediator shall have documented experience and expertise in Washington land
use law. The parties agree to work cooperatively to select a mediator with land use and
real estate experience. Each party will identifo and propose to the other party three
potential mediators. Between the proposed mediator lists, the parties will select a
mutually agreeable mediator to resolve the dispute. The mediation shall be completed
within 90 days of the original written Notice of Dispute by one of the parties. If the
parties are unable to reach a resolution following timely mediation, each party reserves
the right to seek resolution and pursue remedies available under this Agreement and at
law. The parties agree that the cost ofmediation pursuant to this paragraph shall be
bome equally by the parties to this Agreement. The parties may agree in writing to
extend any deadline or time frame listed in this section.
6.12 Default and Remedies
ll
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 ofdefault from any other party. Each notice ofdefault shall specify the nature of
the atleged 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 of portions of Developer'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. The
Each party to this Development
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 of action based upon any provision of this Agreement. Members of the general
public, including but not limited to those persons or entities purchasing residences or
condominiums from the Developer, shall not have any 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, certified 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
t2
DavidCommented
cc:Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC
c/o M. Garth Mann
Statesman Group of Companies Ltd.
7370 Sierra Morena Blvd. SW
Calgary, AB T3H 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 certif ing that: I ) this Agreement is in full force and effect, and stating any
formal amendments to the Agreement; 2) to the best of the knowledge of the certifying
party, no notice ofdefault has been sent and no notice ofviolation ofapplicabte 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 ifit 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 indemniff and hotd 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, liabilify, 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 ifa finaljudgment is rendered
against the other party or parties or their officers, agents or employees orjointly the
parties and their respective officers, agents or employees, the parties whose actions or
omissions give rise to the claim shall satisfy the same, provided that, in the event of
concurrent negligence, each party shall indemni! and hold the other parties harmless
only to the extent ofthat party's negligence. This indemnification hereunder shalt be for
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 ofany 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, modify, change, limit or restrict the ability or powers of the existing
neighborhood, tract or subdivision property owner or lot owner associations from
enforcing, interpreting and utilizing any and all covenants, conditions or restrictions that
pre-exist this Agreement or covenants, conditions or restrictions recorded with the
Jefferson County Auditor after the effective date of this Agreement.
The parties further acknowledge and agree that Jefferson County bears no
responsibility for the enforcement, interpretation or resolution ofany dispute. filing.
grievance, complaint or appeal that might arise as a result ofrecorded 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. l-17, Exhibits l-4, and Attachments A-O.
JEFFERSON COUNTY
Jefferson County Board ofCounty
Commissioners
Chair, John Austin
l4
Member. David Sullivan
Member, Phil Johnson
l5
APPROVED AS TO FORM:
Prosecuting Attomey
Carl Smith
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 Marin4 LLC Property
Exhibit 2-ZoningMap of Developer's Property (to be supplied)
Exhibit 3 -Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit,t-Phasing Plans
Appendix A - MPR zoning chapter, Title 17 and l8 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 ICC
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. Police/Public safety
4. Transportation
Appendix O - Green BuilVGreen House Gas Reduction Program [from SEIS]
Note: Appendices A-O to be provided at the time of SEIS draft issuance.l
l6
I+-.
STATE OF WASHINGTON )
)
)
SS
COUNTY OF
onthis-dayof-,20l4,beforeme,theundersigned,a
Notary Public in and for the State of Washington, duly commissioned and swom,
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:
l7
EXHIBI't 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
I 01, and together with leased tidelands supporting the Pleasant Harbor Marina; all as
illustrated at Figure 1-5, page l-4 of the Brinnon Master Planned Resort FEIS issued
November 27,2008.
Parcel A APN 502153002
The Northeast t/q of lhe 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 % of said Section
t5;
thence run West, along the South line of said Southwest t/a of lhe Northwest %,
approximately 175 feet to the Southerly line of Btack 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 ofsaid Southwest % ofthe
Northwest %;
thence South 30 feet to the point ofbeginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington
Parcel B APN 502153003
The East t/z of the Northwest t/q of the Southwest % of Section I 5, Township 25 North,
Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereof, tying within a strip ofland 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.
1
Parcel C APN 502153023
Those portions of Sections 15 and22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest t/q of the Southeast % and Government Lot 7 of said Section I 5, 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 tA of the Southeast %, and East of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Govemment Lot 7, 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 15, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor's File No. 223427 , records of said County;
Except that portion described as follows:
That portion of the Northwest % 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 Northwest % of the Southeast
% and the Southe rly margin of the Black Point Road;
thence South along the said East line, a distance of300 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 1 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 4 I 0399, records of Jefferson County,
Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest comer of Covernment Lot 3;
thence North 88'23' 07" West 308.14 feet to the Southeasterly right of way of State
Highway No. l0 I , and the true point of beginning;
thence Southwesterly along said Highway, I l7 feet,
thence South 88'23' 07" East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest % of the Northwest %,
100 feet West of said high tide line;
thence North 88" 23' 07" West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 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 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 5021520I5
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
3
Parcel I APN 502152013
Lot l, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages22l to223 utd amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jefferson County, Washington,
Except that portion ofLot 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
panicularly described as follows:
Commencing at the North t/q eorner of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88' 13' 42" East along the North line ofsaid Section l5 for a distance of
364.50 feet to the point ofbeginning;
thence continuing South 88' l3' 42" East238.76 feet to the line of mean high tide;
thence South 61" 12' 00" West along the line of mean high tide 34.78 feet;
thence North 40" 41' 54" West along the line of mean high tide 3.3 I feet;
thence South 62" 36' 19" West along the line of mean high tide 26.83 feet;
thence South 87" 54'36" West 166.65 feet;
thence North 21" 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,
pages 221 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 I 5, 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 ofthe Southwest % ofthe Southeast % ofSection 15, and Government
Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 520,00 feet less the East 345.00 feet of said Southwest t/c 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 Washington.
Parcel M APN 502153022
Those portions ofthe Southwest % ofthe Southeast % ofSection 15, and Government
Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest t/c 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 Southerty
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 and 206,
records of Jefferson County, Washington, being a portion of Section I 5, Township 25
North, Range 2 West, W.M., Jefferson County, Washinglon.
Situate in the County of Jefferson, State of Washington.
5
30E913 US llt/y l0l. Brinnon tlrA 98320
(360) 7?646n (8OO) il7-U7e
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PUEASANT HARE OR
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April 19,2010
h/TEMORANDUM oF UNDERSTANDING
Hcalth Cars
63(o),I requircment that the SEIS rsview memoraoda of
the following:
ndbtlod rupport for thc Brinrion School, firt Disttict, Emaar'gancy Eowicc
Ilgsllh, Pqrlcs ryd Rsorwtiouqnd TtBnsi!.,.
Point area docs not currently have a medical focilify
by Jefferson Gen€ral Hospitat in Port Townsend and
in ltre local commrmity.
Ivlason Genora I Hospital
clinic has been establistred in Quilcene,.support€d by trefferson General
care would primarily inyolve accidental iqiury. or
for visiiorstake tho following staps to ensurs prop€r care,
tho rssort(.-
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proposal includes 50Ot/- square fest of clinic space on resort
and/or genqral practitioner to be staftbtl and'equippcd hf thea certifiod trurso
will recoive training to a minimum lovel of first respondcr and reci:iva
current in CP& AED"Orygen Administration and First Aid. This
in piaco at the resort marina with soven staff trained as fust
or bettsr,
3, .trf ah:agpement cas bG made with the Hospital and the Jeffemon County Modical Director,
issl'&dedjstetrwill be trained to tbo level of EMT$ and/or EMT-I
. 4. iBssort ernorgonay staff and facility.will bri available to the community for emcrgpncies
: sueti as toc{il dimster.
5. :ThESp.stFp$ do not roplace the need for local EMS or hospital carc. The,goal is to ensure
^" - '"!";!'r;n.-'"TEfiilhBFruiEfve'fie-Bst pdi;sible ure as {uickty as poss.rllg'to teduea iesponse time'in-an
,erner.ggncy, to minimize irnpact on looal EMS fornon emergeocy care,
6. Thc rtqorl will work to devolop the best possiblo working relationship with local EMS and
'othcr modicel scrvicca
7. ,$hould tho Resort cxpand and require cmergency Air-Lift oripdbilities, a suitablo tanding. zone'will be providcd to accommodatc hclicoptcr or floatplanc transport.
v*t h<rouT 4nrut*t ,? "<:re
Aoororryd Bv I!{" Garttr Mann Eresideut & CEO Sffiesman Groun)
Print
M. Garth }4ann, President& CEO Statesman Group
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by and bctwcon Pleasant Harbor Marina and Gotf Resort LI"P (Cornpany)
'I{ca}tlrcaro is dcsigrrcd to identis impacts associatpd with the dovolopmart of the
Marina ard Golf Resoft (Rcsort), now undcr rcgulatory review by the County,
by iucreas€d rovenuo from tho proposed Resort and subjeot to supple,rrcntal
with the ordinance of apfroval, ffiinancc 0l-Q:ssgurc concurrancy in accordancc
TIIIS
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308913 US Hwy l0l , Brlnnon WA 98320
(360) 796-461 r (8Oo) s47-3479
Foxr (866) 848-4612
PLEAEANT HAFTBOR
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September 29 2010
,MEMORANDUM OF IJNDERSTANDING' Housing
TIIIS AGREEMENT, by and between Pleasant Harbor Marina and Golf Resort LLP (Company)
and Jefferson County is designed to address impacts assbciated with development of the Pleasant
Harbor Marina and Golf Resort (Resort), now under regulatory review by the County, not
addressed by increased revenue from the proposed Resort and subject to supplemental mitigation
to assure concurrency in accordance with the ordinance of approval, Ordinance 0l-0128-08,
paragraph 63(c), which provided a requirement that the SEIS review memoranda of
understanding on appropriate mitigation for the fotlowing:
To provide needed support for the Brinnon School, Fire District Emergency Service
(EMS), Staff llousing, Police, Public Health, Parks and Recreation and Transit. , .
Housins
Rental housing in the Brinnon area is limited as described in Section 3.5.6 of the Final
Environmsntal lmpact Statement for the Proposed Brinnon Master Planned Resort (FEIS)
(November 2'1,20AT. The Resort will take the following steps to mitigate housing impacts
related to the Resort development:
l, During construction, construction workers will have temporary housing at the existing 60-
unit RV facility on site as slated on page 3-65 of the FEIS.
2. Affordable staff housing will be available to accommodate a developed-condition
workforce of 104. This will be located in the Maintenance Building/Staff Quarters, a
multi-use structure in the golf course/resort area of the site designed to minimize tbe
impervious footprint.
3. Senior management will be housed in the Golf Chalets adjacent to Terace Building l.
4. Booking Staff will be housed in assigned suites, within the proposed Maritime Village at
the intersection of Black Point Road with U.S. Highway 101, to accommodata late
arrivals.
Approved By Jefferson Countv
Signature- Print
Jefferson County
Approved By M. Gadh Mann (President & CEO State.sman Group)
S Print
M. Carth Mann, President & CEO Statesman Group
Date
l of I
Date