HomeMy WebLinkAbout045Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Thank you, David.
I am working through them now
JT
JT Cooke <jt@houlihan-law.com>
Wednesday, November 05, 2014 1:01- PM
'David W. Johnson'; 'Garth Mann'
peckassoc@comcast.net
RE: Pleasant Harbor MPR
E8 HouuHAN rAW
3,0Ot Fv*nston Avenue ilI, sr{itf C r s*a!tle, WA 98103
JOHH T" #r.) COCIKU
ATTORN&Y
206.S47.'t07S
206.547.195&
253"722.82&7
srRttI
FAX
MO8$1fr
wtrqr, fu pu [i h sn -tew. conn
NOTICE: This communication may contain privileged or other confidential information. lf you have received it in error, please advise
the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
From: David W. Johnson Imailto:djohnson@co.jefferson.wa.us]
Sent: Wednesday, November 05,2014 12:52 PM
To: JT Cooke; 'Gath Mann'
Cc: David W. Johnson; peckassoc@comcast.net
Subject: FW: Pleasant Harbor MPR
)T,
Newer versions with David Alvarez's comments. We need your response asap.
Thanksl
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
JT,
Please review the attached, make additions/corrections and return
1
Tha nks !
From: JT Cooke Imailto:it@houlihan-law.com]
Sent: Friday, October 24,2074 2:01 PM
To: David W. Johnson
Cc: peckassoc@comcast.neU '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
Efi HouLTHAN LA\ru
340,t Evanston Avenue N, Sr.rlte C r Se,attll*, WA S8103
JOHff ?. {J"T"I COOKE
ATTfffiNEY
206"547.1075
*CIs,$47't9S8
253.72?,8267
DIHf CT
FA)(
uosrL$
ww w-hnull han- law. cprn
NOTICE: This communication may contain privileged or other confidential information. lf you have received it in error, please advise
the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
From: David W. Johnson Imailto:djohnson@co.iefferson.wa.us]
Sent: Monday, October 20,20L4 1:05 PM
To: JT Cooke
Cc: oeckassoc@comcast.neU David W. Johnson; Schipanski, Rich; Hollinger, Kristy; Gafth 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?
Than ks I
From: JT Cooke Imailto:it@houlihan-law.com]
Sent: Tuesday, May 20,2Ot4 4:50 PM
To: David W. Johnson
Cc: peckassoc@comcast. net
Subject: RE: Pleasant Harbor MPR
2
Thanks, David. I will take a look and get back to you
JT
fifr HouLrHAr-r LAur
H40tr gven$tffn Av,e**n N, $uite C " $r*frttle" Wl[ SXISS
JOHN ?. {J.T,} EOOKE
ATTOANEY
206"547.1075 n+n*cr
206.547.1958 pAx
253.722"8267 M$$nrtr
{*ww.heullh*m*[s*,corr
NOTICE: This communication may contain privileged or other confidential information. lf you have received it in error, please advise
the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.
Thank you.
From: David W. Johnson Imailto:djohnson@co.jefferson.wa.us]
Sent: Tuesday, May 20, 2014 4:40 PM
To: JT Cooke
Cc: peckassoc@comcast.neU David W. Johnson
Subject: RE: Pleasant Harbor MPR
JT,
Here are our proposed revisions and comments. Please review and provide a revised draft.
Thanks !
From : lT Cooke [mailto:jt@houlihan-law.com]
Sent: Friday, April 11, 2014 B:50 AM
To: David W. Johnson
Subject: Pleasant Harbor MPR
Hi David-
Thanks for your patience*it's been a crazy week, Attached is the draft zoning ordinance and development agreement
for the Pleasant Harbor MPR. As I mentioned, we are still finalizing other documents (ie water and sewer plans) which
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
3
Efr Hour-rHAN LA\r{/
34Ot Ev*nston Avenue N, Slsite C r Seattle, WA g8lS3
JsHl* Y. #r.I *0sKE
ATTO*NHY
206.S47jO75 mrrcr
206"547.1958 rAx
233.722"8267 M06{rB
urws,haulihan- [sw.csm
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4
DEVELOPMENT AGREEMENT BY AND BETWEEN
JEFFERSON COUNTY, WASHINGTON AND PLEASANT
HARBOR MARINA AND GOLF RESORT, LLP RELATING TO TIIE
DEVELOPMENT COMMONLY KNOWNAS THE
PLEASANT TIARBOR MARINA AND GOLF
MASTER PLAI\NED RESORT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this _
day o{_,201{by and between PLEASANT HARBOR MARINA AND GOLF
RESORT, LLP, a Washington limited liability partnership (referred to as "Developer")
and JEFFERSON COTINTY (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 particuladty
in Exhibit I ("Developer's Property").
WHERAS, the County approved Developer's application to designate
Developer's Property as a master planned resort pursuant to RCW 36.704.360 in the
County Comprehensive Plan to allow for resort-related development including, but not
limited to, a golf course and other on-site indoor and outdoor recreational amenities,
conference center, resort-related commercial uses, long-term and short-term residential
units not to exceed 890 units, and open space ("Pleasant Harbor MPR").
WHEREAS, buildout of Developer's Property is expected to occur over the next
five to ten years depending upon market conditions and Developer, Jefferson County, and
members of the public at large will invest considerable time in the County permit and
review process for the future buildout of Developer's Property.
WHEREAS, the Washington State Legislature enacted RCW 36.708.170-.210 to
strengthen the land use planning process and reduce the costs of development by
authorizing the County to enter into a private agreement with a landowner regarding the
development of its real property located within the County's jurisdiction.
WHEREAS, the County has determined that this Agreement will facilitate
orderly buildout of Developer's Property within the Pleasant Harbor MPR and will
further promote growth management and planning objectives of the County by providing
certainty over time with respect to permitted densities, uses, development standards and
other aspects ofthe development review process.
WHEREAS, the Parties to this Agreement acknowledge the Zoning Ordinance
for the Pleasant Harbor MPR (chapters 17.60-17.80- JCC) is in conformance with the
standards set forth in the Countywide Planning Policies and the Jefferson County
I
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 _, 2014. 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 of which consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. EFFECTM DATE AND TERIvI
1.1 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 of approximately 256 acres and
is described with particularity in Exhibit I ("Developer's Property"). A map showing the
location of the proposed development on Developer's Property within the Pleasant
Harbor MPR is attached as Exhibit b].
Section 3. DEVELOPMENT STANDARDS
3.1 Permitted Uses and Density Standards; ponin!
The permitted land uses and development regulations for development within
Developer's Property are set forth in chapters 17.60 through 17.80 ofthe Jefferson
County Code, attached as Appendix A. ,l-and uses and development within and upon
2
wouldn't we ned a
md Brekfast
CommenEd [DWlz]: IT: ned language to omply with JCC
18.15.123(2)(a) specifically reg{ding developmefi restrided to 890
residential units ild 79,000 squse feet of comercial development
md the restriction ofnot less thm 650/0 oftotal residential units as
short tm rental. Should also be in the dwclopment regulations
Title 17 Article U. Se attached code section in email.
Commenhd IDWJ1]: Strictly
Ordinance #01-0128-08.
3.2 Planning Goals and Objectives
The planning goals adopted by Jefferson County in the Comprehensive Plan shall
be the policy guidance and the foundation for all future development of Pleasant Harbor
MPR. tFh? 9emprehensive Plan pelieies fer the Pleesent Hrber N4PR ere attaehed as
Aop€ndixptj
3.3 Surface Woter 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. lrhC Cqqrty_Cbq!! be fCCpqlqille fot the.,Itq1tqggtltglrt
ofsurface water in all public road rights ofway, 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 JCC. A copy of the Code section is attached in Appendix 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 Regulatory Reform Legislation, ESHB
1724 (ch. 347 , Laws of I 995), as codified in Permit Application 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,,+2J-*
hndl 19,j_0 ICc, as thgy gritl A 9f ttrg 449 S{ttr.e e4qptjq{r CtlbilAgrcq,!e!! shsll 4ls9
apply to the extent they do not conflict with the terms of this Agreement. A copy of the
applicable Code sections are attached in Appendix H.
3.8 Pleasant Harbor MPR Water Service
3
CommenEd [DA3]: Puhaps this gets to the concon expressd
immediately above by D.W. Johnsn.
Commented [DWJ4]: These Comp Plil policies have yetto be
&afted and may not be in final form at time ofdevelopmmt
agreement signing. I ould include the dra.ft luguage with a trote
that linal policies will be produced one our Comp Plil update is
@mpleted in 2016, or 201 7 or 2018 with a two year atension.
CommenEd [DAs]r If the goals spffific to this MPR ae not yet
witten, then don't refer to thcm. The Comty's Comp Plan would
md doe contrcl even if the Comp Plm's superior position is not
qpressly mmtioned hse. Th6e is E brief nustivc about this MPR
at page 3-23 ofthe Comp Plm that wu added by the Ordinme tot-
0128-0E.
Commentcd [DA5]: Ifwe go for my plan on Section 3.2 above,
then all thes Appendices move one lettu up in the alph&bet, C
becomes B, D becomes C, ac.
12. l5 hs been so I deleted it.Commented
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
conformance with the most current approved specifications and requirements, at the time
of installation, ofthe [water purveyor], the Jefferson County
Coordinated Water System Plan ("CWSP") and the Washington State Department of
Health and all other applicable laws, ordinances, rules and regulations. A copy ofthe
applicable CWSP ptan-is attached in Appendix I.
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 of the applicable General Sewer Plan p{an-is
attached in Aooendix 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, frre 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-l.
a
a
o 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.
!_Transportation-Public transportation services to the resort are provided
by Jefferson County Transit. Mitigation fees associated with development,
ifany, shall be determined and paid pursuant to applicable state and local
law as set forth in the MOU attached as Appendix N-4.
a CommenEd [DWJ8]: JT: need to add a section on healthcee
per the agrement attached with my emil to be N-5.
4
. Flousind;....
The County agrees that the these MOUs satisf condition 63(c) of County Ordinance No.
0l-0128-08 and further agrees that Developer will not be required to provide additional
mitigation for these services fpeHeelarrytuforsggqggd fire and EMS, school, and
traniportation. [,.ulth .*e. hoisins)EilE.tt169 q{th9 MoUs fol d;v;iop;il! of
the Pleasant Harbor MPR except as provided in Section 4.2.2 of this Agreement.
Section 4. STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION
BY COUNTY
4,1. County Processing and Review
The review and approval ofproposed development applications proposed by
Developer for Developer's Property shall be pursuant to the Pleasant Harbor MPR
ZoningCode (Apnendix 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 Complianc{
4.2.1 . Prior EIS. The parties acknowledge that potential environmental
impacts from future development of the Pleasant Harbor MPR have been assessed and
addressed in prior environmental documents. The prior reviews were published in the
following documents:
Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf
Resort (September 5, 2007);
Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(November 27 ,2007);
Pursuant to Condition 63b 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 Novemb er 2007 FEIS (Chapter 5) and Condition 63 a-dd in Ordinance
t0l-0128-08. The SEIS was published in the following documents:
Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort (_date_);
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement (_date ).
(he draft and final EIS and SEIS are referred to collectively as the "Prior EISs").
4.2.2 Future SEPA Review for tndividual Projects. The Prior EISs shall
constitute compliance to the fullest extent possible under SEPA, as well as Condition 63b
of Ordinance 0 I -0 I 28-08, for all subsequent approvals or permits to develop the Pleasant
5
CommenEd [DW,12I: JT: must have lmguage that satisfies
.lCC t 8. I 5. I 23(2)(e) reguding implementation of the mirigarion
meNues proposed in the SEIS. Se code sclion attrched to my
email.
a
a
CommenEd IDWJ9I: JT: need to add a Ection on housing per
the agreement attached with my email to be Appendix N-6
Commented IDU1OI: More amurate.
Commenhd IDAIU: If there ae to be MOU for these two
additional categories, then they presumably need to be listed here.
Harbor MPR consistent with this Agreement, including, but not limited to, plats, short
plats, binding site plans, development permits, grading permits and building permits.
Except as provided in this Section, no further SEPA review is required, and no additional
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 of environmental
review shall be limited to considering how or whether the proposal differs from or
exceeds the scope of the Prior EISs and if so, whether such modification results in
potentially significant adverse environmental effects that have not been adequately
addressed in the Prior EISs.
Nothing in this Section shall release Developer or its successors, successors in
title, or assignees from complying fully with the terms of the Pleasant Harbor MPR
Comprehensive Plan Amendment, Ordinance 0l-0128-08 (Algd! g), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
4.3 Vesting of Development Standards and Mitigation
To the fullest extent allowed by law, all development proposed on Developer's
Property shall be vested to and governed by the terms of this Development Agreement,
the Pleasant Harbor MPR chapter of the Jefferson County Zoning, and the Unified
Development Code, now codified at Title l8 ofthe Jefferson County Code including, but
not limited to, those code standards attached to this Agreement effective on the date of
this Agreement (as defined in Section 3.1 and attached as Appendices A-H). This vesting
provision shall be applicable, without limitation, to all land use applications, permits,
uses and development that occur on the Developer's Property within the term of this
Development Agreement. The vesting period shall be the same as the term of this
Agreement. Except as otherwise provided in Section 4.3.1 through 4.3.3 below any new
or different development standards adopted by the County during the term ofthis
Agreement shall not apply to Developer's Property. To the extent this Agreement does
not establish standards or requirements covering a subject, element or condition, then the
development approval sought shall vest to and be govemed by the County codes,
regulations and standards in effect upon the date ofcomplete application. The
development standards identified in this Agreement shall apply to Developer's Property
for the term of this Agreement, except:
4.3.1 Public health or safety reouirements. 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 of findings and conclusions, to the
6
Commented [DA13l: I m confused hue. We have prior ElSs
and they onstitute sufficient SEPA-derived review for all types of
pemits, e.9., plats, shon plats, BSP, grading ud building pemirs
ac. So it looks like no funher environmental rwiew will occu, ya
the 16! p{aglaph 5tst6 my application by the MPR oMer gets e
utomatic "DS." If your threshold detmiaation is DS, then doen't
that suggest mother EIS hG to bc generated and go through the
drafl/final prccess? Or re the Prior EISs suffcient? What
dooment(s), if uy, will be required if the applications in the firtue
get m sutomatic DS threshold detemiution? Confusing ro me.
extent required to avoid a serious threat to public health or safety, as provided in RCW
36.70B.170.
4.3.2 State and Federal Law. This Agreement does not relieve
Developer of any obligations to comply with state or federal laws or regulations of any
kind, including but not limited to those related to endangered species or stormwater. The
Pleasant Harbor MPR shall not be vested against the application of development
standards imposed by virtue offederal or state pre-emption ofthe County's regulatory
authority.
4.3.3 Buildins 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. FH,lSmC]
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 offour phases) for development ofthe Pleasant Harbor MPR
(and 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 of the construction of primary facilities
needed to service initial construction of the MPR including the large onsite septic system,
the first water storage tank and piping dishibution system, construction of the State Route
l0l intersection improvements and relocated WDFW access road. The Maritime Village
Building consisting of 66 residential units and approximately 2 1,000 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 of commercial 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 comprising3?9 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.
CrmmenEd [DWJ14]: See Craig Peck's email requasting
accurcy and consistency betwffn map ed this section.
CommenEd [DWJlsI: ,T: n€d lmguage that ompiles wirh
JCC 18. 15. 123(l)(i) ild (2Xb). This may include a provision for
bonding?
7
5.1.4 Phase 4. Phase 4 completes buildout of the Pleasant Harbor MPR
with construction of 176 Sea View Villa residential units and 6 Golf Vista residential
units.
5.2 PreliminaryFacilities
Preliminary facilities are those preliminary facilities or improvements that must
be approved and installed in concert with the development ofeach phase. The
preliminary facilities include the following:
5.2.1 A water system with 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,
shall contain the following resort amenities (l) an l8-hole golfcourse; (2) spa services;
(3) amphitheater; (4) pool; and (5) ropes course. These amenities shall be completed
lproposediandmqdc qyqjlqbls !9 r49mb91q of thgg9nq4!p!$!!p lCt e &g tC !9 eqgqbllqhgd
by Developer
5.4 Local Employment and Construction Materials
peveloper will advertise and eive written notice at libraries and post offices in
East Jefferson Countv and recruit locally to fill opportunities for contractine and
employment. Developer shall orioritize the sourcins of m
materials aad-{abe+from Jefferson County to develop the Pleasant Harbor Mpn. NCthjIg
8
CommqtEd [DW,16I: Relates to JCC I 8. I 5. 123(l Xi) ud
(2Xb)
CommenEd [Dwrl7lr Verbatin fromtheBoCC Conditions 63
(e) & (f).
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.
5.5 Affordable Housind
Section 6. GENERAL PROYISIONS
6.1 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws
and regulations of the State of WashinSon.
6.2 Binding on Successors; Assignment; Release of Liability
6.2.1 Bindins on Successors. This Agreement shall be binding upon and
inure to the benefit ofthe successors, successors in title and assigns ofDeveloper and
upon the County.
6.2.2 Assignment. The parties acknowledge that development of
Pleasant Harbor MPR may involve sale and assignment of portions of Developer's
Property to other persons who will own, develop and/or occupy portions ofDeveloper's
Property and buildings thereon. Developer shall have the right to assign or transfer all or
any portion of the respective interests, rights or obligations under this Agreement or in
Developer's Property to other parties acquiring an interest or estate in all or any portion
ofDeveloper's Property, including transfer ofall interests through foreclosure (udicial or
non-judicial) or by deed in lieu of foreclosure. Consent by the County shall not be
required for any transfer of rights pursuant to this Agreement.
Upon the transfer or assignment under this Section, where the transferee agrees to
assume obligations hereunder pertaining to the property transferred or assigned, the
transferee shall be entitled to all interests and rights and be subject to all obligations
under this Agreement pertaining to the property transferred or assigned, and Developer
shall be released of liability under this Agreement for the 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 Liabiliw. 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 ofthe Agreement. Ifthe conditions for release are met under this sub-section,
then from and after the date of transfeq Developer shall have no further liability or
obligation under the Agreement, and the assignee shall exercise the rights and perform
the obligations of Developer under the Agreement for that portion of Developer's
Property acquired by the successor or assign. The parties acknowledge that Developer
may transfer or assign title to a portion of Developer's Property in any manner consistent
with this Agreement. Should the transfer or assignment of title relate to only a portion of
Developer's Property, then the release ofliability pursuant to this paragraph shall only
9
Commenbd [DWJ18]! JTi n*d to add a section that @mplies
with BoCC Condition 63(g). Specifically how the developo shall
stisfy this condition.
Formatted: Font: Bold
Formatted: Font: Bold
apply to acts or omissions arising from or related to the portion ofDeveloper's Property
being assigned or transferred.
6.3 Recording; Release as to Residential Development
This Agreement shall be recorded with the Jefferson County Auditor against
Developer's Property as a covenant running with the land and shall be binding on
Developer, its successors, successors in title and assigns. Upon the approval ofa final
plat, a condominium declaration or other approved land division in compliance with this
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 of annexations (see RCW
35A.14.330), and the Development Agreement Statute (see Ch.347,1995 Wash. Laws,
Part V, $ 501-06).
6.4.2 Severabilitv. If any provision of this Agreement is determined by
a court of law to be unenforceable or invalid, then the remainder ofthe Agreement shall
remain in full force and effect. Further, as to those provisions held by a court of law to
be unenforceable, the parties shall confer and agree to amend the Agreement to
implement the mutual intent of the parties to the maximum allowed by law.
6.5 Authority
The County and Developer respectively 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
l0
approval all amendments to this Agreement by ordinance or resolution and only after
notice to the public and a public hearing.
6.7 Exhibits and Appendices
Exhibits I throueh 4 and Appendices A throuefi O are incorporated herein by this
reference as if fully set forth. In the event of any conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreement, the main body of this
Agreement shall control.
6.8 Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modiff the terms and conditions of this
Agreement.
6.9 Time of Essence
Time is of the essence of this Agreement in every provision hereof. Unless
otherwise set forth in this Agreement, the reference to "days" shall mean calendar days.
If any time for action occurs on a weekend or legal holiday, then the time period shall be
extended automatically to the next business day.
6.f0 Integration
This Agreement represents the entire agreement of the parties with respect to the
subject matter hereof. There are no other agreements, oral or written, except as expressly
set forth herein.
6.11 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 identiff 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 identifr 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
ll
law. The parties agree that the cost of mediation pursuant to this paragraph shall be
bome equally by the parties to this Agreement. The parties may agree in writing to
extend any deadline or time frame listed in this section.
6,12 Default and Remedies
No party shall be in default under this Agreement unless it has failed to perform a
material provision under this Agreement for a period of thirty (30) days after written
notice of default from any other party. Each notice of default shall speci$ the nature of
the alleged default and the manner in which the default may be cured satisfactorily. If the
nature of the alleged default is such that it cannot be reasonably cured with the thirly (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 pafiy not in default
under this Agreement shall have all rights and remedies provided by law including
without limitation damages, specific performance or writs to compel performance or
require action consistent with this Agreement. In recognition of the possible assignment
and sale ofportions ofDeveloper's Property (see Section 6.2.2) any claimed default shall
relate as specifically as possible to the portion ofthe Property involved and any remedy
against any party shall be limited to the extent possible to the owners of such portion of
remedies which do not adversely affect the rights, duties or obligations ofany other non-
defaulting owner of portions of Developer's Property under this Agreement. The
6.13 No Third Party Beneficiaries
This Agreement is made and entered into for the sole protection and benefrt 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 of action or enforceable
rights under this Agreement.
6.14 Construction
This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
6.15 Notice
All communications, notices and demands of any kind which a party under this
Agreement requires or desires to give to any other party shall be in writing deposited in
the U.S. mail, certified mail postage prepaid, retum receipt requested, and addressed as
follows:
CommenEd [DWI19]: Per David Alverez.
CommenEd [DA20]: You misspelled my nme David Waynel
Jeez Louise.
t2
To the County:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
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
Calguy, AB T3H 4H9
Canada
John T. Cooke
Houlihan Law
3401 Evanston Ave. N. Suite C
Seattle, WA 98103
6.16 EstoppelCertificates
Within 30 days following any written request that any party or a Mortgagee may
make from time to time, the other parly shall execute and deliver to the requesting person
a statement certifring that: l) this Agreement is in full force and effect, and stating any
formal amendments to the Agreement; 2) to the best of the knowledge of the certi$ing
party, no notice of default has been sent and no notice of violation of applicable laws has
been issued regarding the projec! and any other reasonably request information. Failure
to provide a timely response to the requesting party shall be deemed conclusive evidence
that the Agreement is unmodified and in full force and effect and that no notices of
default or violation have been issued. Issuance ofestoppel certificates is an
administrative matter within the County. The County shall have no liability to the
requesting party if it provides an estoppel certificate in good faith and with reasonable
care.
6.17 Cooperation
The parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The parties agree to take further actions and
execute further documents, whether jointly or within their respective powers and
authority, to implement the intent of this Agreement.
6.18 Indemnification
Except as otherwise specifically provided elsewhere in this agreement and any
exhibits hereto, and to the fullest extent possible under the law, each party to this
Agreement shall protect, defend and indemnify and hold harmless the other party and its
l3
cc:
officers, agents and employees, or any ofthem, from and against all claims, actions, suits,
liability, loss, costs, expenses and damages ofany nature whatsoever, which are caused
by or result from any negligent act or omission ofthe party's own officers, agents, or
employees in performing services pursuant to this Agreement. If any suit based upon
such a claim, action, loss, liability, or damage is brought against any party or parties, the
party or parties whose negligent acts or omissions give rise to the claim shall defend all
parties at the party or parties' sole cost and expense, and if a final judgment is rendered
against the other party or parties or their officers, agents or employees orjointly the
parties and their respective officers, agents or employees, the parties whose actions or
omissions give rise to the claim shall satisff the same, provided that, in the event of
concurrent negligence, each party shall indemniff and hold the other parties harmless
only to the extent ofthat party's negligence. This indemnification hereunder shall 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 of any conditions,
covenants and restrictions recorded against the residential properties within the Pleasant
Harbor MPR.
6.19 No Waiver
No waiver by any party of any term or condition of this Agreement shall be
deemed or construed as a waiver of any other term or condition, or a waiver of any
subsequent breach, whether ofthe same or a different provision ofthis Agreement.
6.20 No Private CCR Enforcement by County
The parties acknowledge and agree that nothing in this Agreement shall alter,
infringe upon, modiff, change, limit or restrict the ability or powers of the existing
neighborhood, tract or subdivision properly 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 14, and Attachments A-O.
JEFFERSON COUNTY
Jefferson County Board ofCounty
Commissioners
t4
By
Chair. John Austin
Member.David Sullivan
Mem 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 - Zoning Map 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 l7 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 JCC
Appendix E - Land Division Code, Chapter 18.35 JCC
Appendix F - Land Use Application Procedures Code, Chapter 18.40 JCC
Appendix G - Shoreline Master Program, Chapter 18.25 JCC
Appendix H - Additional development standards, Chapters 12.05, 12.10, 12. I 5, 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
Iro.
STATE OF WASHINGTON
COTINTY OF
On this _ day of 2014, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Melvin G. Mann, to me known to be the person who signed as
manager of Pleasant Harbor Marina and Golf Resort,LLP, the Washington limited
liability company that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said limited liability company
for the uses and purposes therein mentioned, and on oath stated that he was duly elected,
qualified and acting as said officer of the limited liability company and that he was
authorized to execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this _ day of ,2014.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My Appointment Expires:
)
)
)
ss
17
EXHIBIT I
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the
properties described below, excluding only that potion of any parcel lying westerly of US
101, and together with leased tidelands supporting the Pleasant Harbor Marina; all as
illustrated at Figure l-5, page l-4 of the Brinnon Master Planned Resort FEIS issued
November 27 ,2008.
Parcel A APN 502153002
The Northeast t/c of the Southwest % of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through,
across and over the following described property:
Beginning at the Southeast comer of the Southwest % of the Northwest % of said Section
l5;
thence run West, along the South line of said Southwest Yo of the Northwest %,
approximately 175 feet to the Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line
when measured at right angles;
thence East, parallel to said South line, to the East line of said Southwest % of the
Northwest %;
thence South 30 feet to the point ofbeginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East % of the Northwest % of the Southwest % of Section 15, Township 25 North,
Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereoe lying within a strip of land conveyed to the State of
Washington, for State Road No. 9, Duckabush River-North Section , by deed dated
August 28,1933, and recorded under Auditor's File No. 70817, records ofJefferson
County, Washington.
Situate in the County of Jefferson, State of Washington.
Comm€nEd [DA21]: DCD h6 to chwk to make sure rhe meter
md bouds listed hqe [e prsisely the me s thow listed s pan
of Ordinmce ltO I -01 28-08.
I
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 % of the Southeast % and Govemment Lot 7 of said Section 15, and
Govemment Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest Y+ 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 T,lying
Southerly of the Nofth 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
%andthe Southerly 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 15, Township 25 Noth,
Range 2 West, W.M., described as follows:
2
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway l0l;
Except the right ofway for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor's File Nos. 223427 and 410399, records ofJefferson County,
Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest comer of Govemment Lot 3;
thence North 88'23' 07" West 308.14 feet to the Southeasterly right of way of State
Highway No. l0l, and the true point of beginning;
thence Southwesterly along said Highway, 117 feet,
thence South 88' 23' 07" East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest % of the Northwest Yr,
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 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section I 5, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section I 5, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
3
Parcel I APN 502152013
Lot l, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 to 223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jefferson County, Washington,
Except that portion of Lot I described as follows:
That portion ofGovernment Lot 3 abutting second class tidelands in Section 15,
Township 25 North, Range 2 West, W.M., Jefferson County, Washington, being more
particularly described as follows :
Commencing at the North t/c eornat of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88' l3' 42" East along the North line ofsaid Section 15 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 67" 12' 00" West along the line of mean high tide 34.78 feet;
thence North 40" 4l' 54" West along the line of mean high tide 3.31 feet;
thence South 62" 36' 19" West along the line of mean high tide 26.83 feet;
thence South 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 Washingon, in
front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest % of the Southeast % of Section 15, and Govemment
Lot 2 of Section22,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 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 Section22,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 ofsaid Southwest %ofthe 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 of the Southwest % of the Southeast % of Section 15, and Govemment
Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet ofsaid Southwest % ofthe Southeast %, as
measured along the North line thereof.
Together with that portion of said Govemment Lot 2 lying East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation ofthe East line ofsaid East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
APN 502152017 (Bed and Breakfast)
Lot 4 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and206,
records of Jefferson County, Washington, being a portion of Section 15, Township 25
North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
5
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30t9l3 t S lhry l0l, lrlonon nA 9t32O
(1601 7rc.6n (too) 517.s7,
For(856) l4,a4l2
PLEAgANT HARBOFT
-
Mr$.rNi 6NL:6..a,I Es')$T .---
April 19,20t0
ITTBMORAI.IDITM OF ITNDERSTAI.IDING
Hcalfi CarG
TfilS AORBEXUEIII, by and bcturocn Ploa$nt llsrbor Marha ard Golf Resort LtP (Cunpaqy)
and Jc&r-sot l{oalthcarc is desigmd to idsrti& impaotr essociatd with tho dwolopment of ttc
PlcEsart Ilarbof Morina ard Golf Rloort (Recort} now urdor rcgulmry rwicx, by tho Cornty,
mt'a{&cs8€d by incrcascd rovsnue fionr 6e prcposod Rssort and subjct b nrpplcrrcntrl
pr$.p,tim b rsslro conorrrrlocy in acoordanoo wift OrG ordinancc of ryprovrl, Ondhanco 0l-
or2&08,a rcquirmcnt that the SEIS rwiew mcmoraoda of
the followin&
nrpprrt'for fu &tMfi Schoo[.Firt Dhttlct, Effigcncy Sorrylco
Ileatth, Padrs qF neraioamd, _fna[...
crrc npuld prftnrrity ftrvohn acci{cotal injuy or
tafto the following sbps to onsurc troixr saro for visitorE
thc rcsortpoposal inoludcs 500il- sqrurc ftst of clinic space onlumrt
'r ccrtificd nuruc and/or ggncmt prrctitim to tc fiftd'and rq"tpp"d B ec
fitrwill rsivorainingto a mihimum levcl of lint rcspondcr and rcotriic
to iilay cureut in CP& AED, or<56on Adffiistration ud First Aid. This
cu.r,cotly in placo at th€ r€sort narina with srrcn *afr fainGd ar firit
or b€ttsr.
can bc madcwithtrs Hcpital and the Jefferrcn CountyModical Dirostor,
traincd tothc lovel of EMT-B and/orEMT-I.
n.
3.
. 4. ,Rcsort erncqgmcy staff ald faoitity-will bc availablo to thc corurunity for emergencies
isUdi ds lOptil disaScr
5. ,Thgg,.SFm do notrpplaoo tho nead for local EMS m hospital care. Tho.goal is to cnsuei" - r -!*eds" tffiffircFreBfttetn6-UeBt posstblo oara'as qtbkty as possfulg'to tcduco irXponse time tran
,Emetrgpnqf, to minimizc impact on looal EMS fqnon emergcocy corc,
6. Ihc resut will work to devolop thc best possiblo worldng relotionship with loclt BMS and
'othcr mc.dical etrviocs
7. ,Should tho Rcsort orpfitd md requirc cmcrgcncy Air-Lift capribilitios, a suitable hndhg. aons will be providcd to accomrnodatc hclicoptcr or float planc transport
wm bgrza-T 4nrraxn ?- za-ra,
Approrrcd By lt4-Garft Mrnn (Epsideot & CEO Statesmgn Group)
{'i:. i
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tv::',
I of I
Date
Car0t
308913 US Hwy lol, Brlnnon WA 98320
13601 79U6r r (80O) 547-UV)
Foxr (866) 848.4,612
PLEA.SANT HAFTBOR
---
Mi\RtN3 Ai|DCTOLF R€5()nr .__
September 292010
'MEIvIORAI{DLrM OF IJNDERSTANDING' Housing
THIS AGREEMENT, by and between Pleasant Harbor Marina and Golf Resort LLP (Company)
and Jefferson County is designed to address impacts associated 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 following:
To provide needed support for the Brinnon School, Fire District, Emergency Seryice
(EMS), StalfHousins, Police, Public Health, Parks and Recreation and Transit...
Housing
Rental housing in the Brinnon area is limited as desoribed in Section 3.5.6 of the Final
Environmental Impact Statement for ttre Proposed Brinnon Master Planned Resort (FEIS)
(November 27, 2007). 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 3-55 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/Statr 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 Terrace 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 accommodate late
arrivals.
Approved By Jefferson Countv
Sigrature_ Print
Jefferson County
Approved By M. Garth Mann (President & CEO Statesman GrouD
Sigrature_ Print
M. Garth Mann, President & CEO Statesman Group
Date
l of 1
Date
4L
18.15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other residential
uses, but only if the residential uses are integrated into and support the on-site recreational nature of
the resort.
(1) Port Ludlow 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 $ 1]
Article lV. Master Planned Resorts - Special Provisions
18.15.115 Designated
"Master planned resort" (MPR) is a land use designation established underthe 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
36.70A.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 5 1l
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 1]
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 educational facilities, including, but not limited to, interpretative centers and exhibits,
indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master
planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and intent of
this section, the Comprehensive Plan policies regarding master planned resorts, and RCW 36.70A.360.
lord. 8-06 5 1l
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 forthe MPR to describe the project and provide a
framework for project development and operation. This shall include:
(a)A description of the setting and naturalamenitiesthat the MPR is being situated to use and enjoy,
and the particular natural and recreationalfeatures 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 fullextent 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 36.708.170, the
development agreements shall be prepared by the applicant and must set forth the development
standards applicable to the development of a specific master planned resort, which may include, but are
not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicanU
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable), visitor-oriented
accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site
retail/commercia 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-tt-764 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 36.704.110. [Ord. 8-06 S 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 1,8.15.126(1).
(2) A request for authorization of a development agreement, pursuant to the requirements of JCC
18.15.126(2) and Article Xl of Chapter L8.40 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 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 parcel or parcels of land as an MPR may be approved, or approved with
modifications, if it meets all of 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 socialand health services, to adequately meet the needs of the
guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-site urban-
level commercial and other services, and such services shall be oriented to serve the MPR.
(6) Environmental considerations are employed in the design, placement and screening of facilities and
amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate
and retain, as much as feasible, the preservation of natural features, historic sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and mitigated.
(8) 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 S
1l