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HomeMy WebLinkAbout046Michelle Farfan From: Sent: To: Subject: Works for me. l'll send an invite out. JT Cooke <jt@houlihan-law.com > Friday, November 07,2014 3:02 PM 'David W. Johnson' RE: Pleasant Harbor MPR Ffr HouuHAN rAvr/ 34O, Eyortitorl Ar"enhls N, Sp{te C . Seattl*, WA SSlSn JOHN T" T.'"T.I CSOKE ATTORNEY 206.547.1075 nnrcr 20S.54f.19$8 rAx I$3"722,S267 Msn$rn rrvrw.hou llhsp-larr,csm 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: Friday, November 07, 2014 Z:ZL PM To: JT Cooke Subject: RE: Pleasant Harbor MPR Yes, let's talk. How about 10am? From: JT Cooke Imailto:it@houlihan-law.com] Sent: Friday, November 07,2074 2:16 PM To: David W, Johnson Cc: peckassoc@comcast.net;'Garth Mann' Subject: RE: Pleasant Harbor MPR Hi David- Please see the attached revisions in response to your comments in addition to some internal revisions (all in redline). Are you available Monday for a quick call to walk through the County comments and outstanding items that still need to be addressed. Thanks, JT 1 mS HouuHAN rAuil 34Ot Evenston Avenue N, Suit* C a Seattle, WA gStOB JOHI'| T. {rJ.} COOKE ATTORNEY 206.547.1075 ornecr 206"5471958 FAx 253.72?"8267 M0BTLE wuw,fooutlhan-tau.cnm 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; 'Garth Mann' Cc: David W. Johnson; peckassoc@comcast.net Subject: FW: Pleasant Harbor MPR JT, Newer versions with David Alvarez's comments. We need your response asap. Thanks ! From: David W. Johnson Sent: Wednesday, October 29,20L4 2:15 PM To: JT Cooke Cc: peckassoc@comcast.neU '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. Thanks! 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 2 Efr HouLTHAN LA\rr 34Ot Evanrton Avenue N, Suite C r Seattle, WA 98103 JSHH T. {JJT,} COOI{E ATTOflNHY ?06, $47.107S 2CI$"S47"1S$e ?s3.722,8267 SIAHCT rAx MOS[,f wwry"houtihan-taw,com NOTICE: This communication may contain privileged or other confidential information. lf you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: David W. Johnson Imailto:diohnson@cojefferson,wa.us] Sent: Monday, October 20,20L4 1:05 PM To: JT Cooke Cc: oeckassoc@comcast.neU David W, Johnson; Schipanski, Rich; Hollinger, Kristy; Garth Mann Subject: RE: Pleasant Harbor MPR JT, We are getting ready to release the Draft SEIS and need to final Draft of the DA & DRs. Did you do anything subsequent to this regarding incorporating our proposed changes? Tha nks ! From: JT Cooke Imailto:it@houlihan-law.com] Sent: Tuesday, May 20,2074 4:50 PM To: David W. Johnson Cc: peckassoc@comcast. net Subject: RE: Pleasant Harbor MPR Thanks, David. I will take a look and get back to you. JT Fil HouLTHAN LAw 3l$Ot Ev*nston Aye$sre N, 5t1*!6 C " $en!tle, WA $81CIS JOH}I T. (J,T"} qOOKfl ATTOfrNEY ?0S.547.IO7$ nrmcr 206.547,1958 FAX 283.72?.9267 MoB*L€ vwrr"houllhaa-law.com 3 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 [mailto:djohnson@co.iefferson.wa.us] Sent: Tuesday, May 20, 2074 4:40PM 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 : JT Cooke [mailto:jt@houlihan-law.com] Sent: Friday, April 11, 2014 B:50 AM To: David W. Johnson Subject: Pleasant Harbor MPR Hi David- Thanks for your patience-it's been a crazy week. Attached is the draft zoning ordinance and development agreement for the Pleasant Harbor MPR. As I mentioned, we are still finalizing other documents (ie water and sewer plans) which 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 [ifr HouLTHAN LAW 340tr Ev*nstpn Avenue H, Sriite C " Saattle, WA 98103 JOHI* T. tJ.T.t COOKS ATTORNBY 206.547.1075 ?06.547.1958 253.722.8267 DIFHCT FAX MOSILE www,houlihan-law.eum 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. No virus found in this message. Checked by AVG - www.avg.som Version: 2014.0.4765 / Virus Database: 404018423 - Release Date: 10120114 4 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 ("Agreemenf') 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 36.704.360 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 Properfy 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 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 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 ( l5) 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 l. 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 of Developer and the County. Section 2. DEVELOPER'S 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 development on Developer's Property within the Pleasant Harbor MPR that is the subject of this Development Aereement is attached as Exhibit 2. Section 3. DEVELOPMENT STANDARDS 3.1 Permitted Uses and Density Standards; @onin! 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. Development of Developer's Property shall not wouldn't we ned a md Brakfast prcperty? C.omm€nhd [DWJII: Stricdy speaking, map showing the MPR exclusive ofthe Bed commented [rT2l: Yes, should also include the B&B limitatioN apply to the edire we do n@d 8 msp but I belicve it hopdty to mske dry that thc deNity ,MPR. CommenEd [DWJ3]r IT: need language to @mply with JCC 18.15.123(2)(a) specifically regading development restricted to 890 residential units ud ?9,000 squue feet of comercial development ad thc restriction ofnot less thm 65% oftotal residential units as shon tm rqtal. Should also be in the development regulations Title l7 Article U. Se aftached code swtion in my email. 2 exceed 890 residential units and 79.000 square feet ofcommercial space. Sixtv-five (65) percent oftotal residential units shall be reserved as short term rental units. 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. AppendixEt 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 Aopendix Be. 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 JCC. A copy of the Code section is attached in Aopendix CD. 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 I 995 Regulatory Reform Legislation, ESHB 1724 (ch. 347 , Laws of 1995), as codified in Permit Application and Review Procedures/SEPA Implementation, Chapter 18.40 JCC. A copy of the Code sections are attached in Appendix DE (Chapter 18.35 JCC) and EF (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 FG. 3.7 AdditionalDevelopmentStandards Additional Development Standards as identified in Chapters 12.05, 12.l0,JlilJ+ h"oi triq lq_cj $ 1b9y sr{ s.s slthe 44_e sf the _q4pp_tjql qf_t_bic Aereqql-ell. stq,ll qlsq 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 GH. CommenEd [JTSI: Was it replaced? If so, with what chapter? CommenEd [DWJ6]: 12.15 has been repeaied, so I deleted it. L 3 CommenEd [DWJ4]: These Comp Plan policies have yet to be drafted and may not be in final form at time ofdevelopment agreement signing. I ould include the draft luguage with a note that {inal polici€s will be produced once our Comp Plu update is in 2016, ot 2017 or 20 I 8 with a two qtension. 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 conformance with the most current approved specifications and requirements, at the time ofinstallation, 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 is attached in Appendix HI. 3.9 Pleasant Harbor MPR Sewer Service Sewer mains and sewer system improvements that may be required to serve Developer's Property shall be installed in conformance with the most current, approved specifications and requirements of the [purveyor] General Sewer Plan, as approved by the Department of Ecology, and all other applicable laws, ordinances, rules and regulations. A copy of the applicable Genera Sewer Plan is attached in Appendix IJ. 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: r Sheriff-Jefferson County shall provide law enforcement -services within the Pleasant Harbor MPR consistent with the Memorandum of Understanding (MOU) attached as Appendix JN-I. 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 JN-2. School-School services to the resort are provided by the Brinnon School District. Mitigation fee+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 JN-3. a o Transportation-Public hansportation services to the resort are provided by Jefferson County Transit. Mitigation fce+associated with development, ifany, shall be determined and paid pursuant to applicable state and local law as set forth in the MOU attached as Aopendix JN-4. 4 . Fleatttrcard.Mjttsetto=r,==opsq!+l=eCyl!!i=Cgy=elpp=rySll=lf=etx=qhgll=he. - determined and oaid pursuant to applicable state and local law as set forth in the MOU attached as Appendix J-5. determined and paid pursuant to applicable state and local law as set forth in the MOU attached as Appendix J-6. o 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 (po+i€elar Enforcemegd ltte q,td E\4Q, sqhqql, and tlangpgrtgliq4,hqq-lth care, housing) beyond the terms of the MOUs for development of the Pleasant Harbor MPR except as provided in Section 4.2.2 of this Agreement. Section 4.STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION BY COUNTY 4,1. County Processing and Review The review and approval ofproposed development applications proposed by Developer for Developer's Property shall be pursuant to the Pleasant Harbor MPR Zonng Code (Appendix A) and the County's Permit Application and Review Procedures/SEPA Implementation, Chapter 18.40 JCC, which is attached in Appendix EF. 4.2 SEPA pomplianc{ 4.2.1 . Prior EIS. The parties acknowledge that potential environmental impacts flom 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: o 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): CommenEd [DWJloI: JT: must have language that satisfies JCC 1 8. 1 5. I 23(2)(e) regrding implementation of the mitigation measues proposed in the SEIS. See code *ction altached to my email. a Pursuant to Condition 63b of Ordinance 0 l -0 I 28-08, 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 2OO7 FEIS (Chapter 5) and Condition 63 a-dd in Ordinance 0l-0128-08. The SEIS was published in the following documents: Draft Supplemental Environmental Impact Statement for Pleasant Harbor Marina and Golf Resort ( date_); ) a CommenEd [DWJ7I: JT: need to add a section on healthcue per the agrement attached with my email to be N-5. need addto sction ona housing per N-6toemailbe CommenEd [DWJ9I: More accurate. 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"). Development shall comply with the express mitigation measures imposed pursuant to the Prior EISs. 4.2.2 Future SEPA Review for Individual Proiects. The Prior EISs shall constitute compliance to the fullest extent possible under SEPA, as well as Condition 63b ofOrdinance 01-0128-08, for all subsequent approvals or permits to develop the Pleasant Harbor MPR consistent with this Agreement, including, but not limited to, plats, short plats, binding site plans, development permits, grading permits and building permits. Except as provided in this Section, no further SEPA review is required, and no additional 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 ffom 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 signiflrcance unless the SEPA Responsible Offrcial 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 18 of the Jefferson County Code including, but not limited to, those code standards attached to this Agreement effective on the date of this Agreement (as defined in Section 3.1 and attached as Appendices A-Hl). 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 6 a 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 of complete application. The development standards identified in this Agreement shall apply to Developer's Property for the term of this Agreement, except: 4.3.1 Public health or safety requirements. The Board of County Commissioners reserves the authority to modift 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 36.70B.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 Intemational Fire Code in effect in the State of Washington as of the date of filing of a complete application for a building permit shall apply to all new development. Section 5. FH.lstxc] 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 (consising 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 of the construction of primary facilities needed to service initial construction of the MPR including the large onsite septic system, the first water storage tank and piping distribution system, construction of the State Route l0l intersection improvements" transit stop parkine and relocated WDFW access road. The Maritime Village Building consisting of 66 residential units and approximately 2 I ,000 square feet of commercial space will also be constructed during Phase I . 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 I 9 I residential units and 36,000 square feet of commercial space will be constructed. Phase 2 also involves construction of the wastewater treatment plant, 7 CommenEd [DWrUl: Se Craig Peck's email requesting accuacy and consistency betw@n map and this sction. Gommcmted [DWr12l: ITr ned lmguge that ompilB with JCC I 8. I 5. 123(lxi) md (2Xb). This may include a prcvision for bonding? CommenEd [JTt3t: Do we have specific lmguage in the SEIS? We qn bonow fiom that. development of a second water well, electric power infrastructure and construction of stormwater facilities. 5.1.3 Phase 3. Phase 3 involves completing the golfcourse, reconstructing Black Point Road, constructing the sanitary sewer pump stations and force main. and constructing the majority of the residential units including (l) Golf Tenaces 2, 3 and 4 comprising 329 units; thirty six (36) Sea View Villas units, and thifty-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 l762Q6Sea View Villa residential units and44,!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 sufficient water rights to serve the phase under review and approval. 5.2.2 A sewer system with sufficient capacity to accommodate the waste discharge for the phase under review and approval. 5.2.3 A road network to accommodate the phase under review and approval. 5.2.4 Landscaping for the phase under review and approval. County approval of a 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 8 brooosedland meg. u b-ed ---CommenEd [DWJ14]: Relates ro JCC 18.15.123( l)(i) and (2Xb)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 prioritize the sourcing of ffi materials and-{abe+from Jefferson County to develop the Pleasant Harbor MPR. Nqttllg 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 Alfordable Housind ..--- --. 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 Bindins on Successors. This Agreement shall be binding upon and inure to the benefit ofthe successors, successors in title and assigns ofDeveloper and upon the County. 6.2.2 Assignment. The parties acknowledge that development of Pleasant Harbor MPR may involve sale and assignment of portions of Developer's Property to other persons who will own, develop and/or occupy portions of Developer's Property and buildings thereon. Developer shall have the right to assign or transfer all or any portion ofthe respective interests, rights or obligations under this Agreement or in Developer's Property to other parties acquiring an interest or estate in all or any portion ofDeveloper's Property, including transfer ofall interests through foreclosure (udicial or non-judicial) or by deed in lieu of foreclosure. Consent by the County shall not be required for any transfer ofrights pursuant to this Agreement. Upon the transfer or assignment under this Section, where the transferee agrees to assume obligations hereunder pertaining to the property transferred or assigned, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement pertaining to the property transferred or assigned, and Developer shall be released of liability under this Agreement for the property transferred or assigned, but shall retain liability for any breach which occurred prior to the transfer of rights to another party and for those portions ofthe Property still owned by Developer. \.. 9 CommgtEd [Dwrlsl: verbEtim from the BoCC Conditions 63 (e) & (f). CommenEd [DWJ16I: with BoCC Condition 63(g). satisry this condition. IT: oed to add a seaion that @mplies Speilically how the developer shall CommenEd pTl7l: This is addressed in the houring MOU. FormatEd: Font: Bold Formatted: Font: Bold 6.2.3 Release of Liabilitv. 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 assigrred has assumed in writing the obligations ofthe Agreement. Ifthe conditions for release are met under this sub-section, then from and after the date of transfer, Developer shall have no further liability or obligation under the Agreement, and the assigree shall exercise the rights and perform the obligations of Developer under the Agreement for that portion of Developer's Property acquired by the successor or assign. The parties acknowledge that Developer may transfer or assign title to a portion of Developer's Property in any manner consistent with this Agreement. Should the transfer or assignment of title relate to only a portion of Developer's Property, then the release of liability pursuant to this paragraph shall only apply to acts or omissions arising &om or related to the portion of Developer's Property being assigned or transferred. 6.3 Recording; Release as to Residential Development This Agreement shall be recorded with the Jefferson County Auditor against Developer's Property as a covenant running with the land and shall be binding on Developer, its successors, successors in title and assigns. Upon the approval 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 of the Agreement shall remain in full force and effect. Further, as to those provisions held by a court of law to be unenforceable, the parties shall confer and agree to amend the Agreement to implement the mutual intent of the parties to the maximum allowed by law. t0 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 assigrs with respect to the property in which they have an interest). The Board of County Commissioners must approval all amendments to this Agreement by ordinance or resolution and only after notice to the public and a public hearing. 6.7 Exhibits and Appendices Exhibits I throueh 4 and Appendices A throueh O are incorporated herein by this reference as iffully set forth. In the event ofany conflict or inconsistency between the Exhibits and Appendices and the main body of this Agreement, the main body of this Agreement shall control. 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. 6.10 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.tl 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 ll of the written Notice of Dispute issued by one of the parties, the parties agree that they will immediately identifo 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 identifu 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 parfy reserves the right to seek resolution and pursue remedies available under this Agreement and at law. The parties agree that the cost of mediation pursuant to this paragraph shall be bome equally by the parties to this Agreement. The parties may 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 specifr the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured with the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. In recognition of the possible assignment and sale 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 Asreement shall be solely responsible for the costs theJ incul with respect to assertine or 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 Per David Alverez.CommenEd t2 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.f 5 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 Countv 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. M eaftaar;-48-T3f{4+{9 Scottsdale. Arizona 85269 John T. Cooke Houlihan Law 3401 Evanston Ave. N. Suite C Seattle, WA 98103 6.f6 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 certi$ing that: l) this Agreement is in full force and effect, and stating any formal amendments to the Agreement; 2) to the best of the knowledge of the certifuing party, no notice of default has been sent and no notice of violation of applicable laws has been issued regarding the project; and any other reasonably request information. Failure to provide a timely response to the requesting party shall be deemed conclusive evidence that the Agreement is unmodified and in full force and effect and that no notices of default or violation have been issued. Issuance ofestoppel certificates is an administrative matter within the County. The County shall have no liability to the reguesting party ifit provides an estoppel certificate in good faith and with reasonable cc: cc 13 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 hold harmless the other party and its officers, agents and employees, or any of them, 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 ifa finaljudgment is rendered against the other party or parties or their officers, agents or employees or jointly the parties and their respective officers, agents or employees, the parties whose actions or omissions give rise to the claim shall satisff the same, provided that, in the event of concurrent negligence, each party shall indemnifu and hold the other parties harmless only to the extent ofthat party's negligence. This indemniflcation 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, modi$, 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 t4 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 COTINTY Jefferson County Board of County Commissioners Chair. John Austin By Member.David Sullivan R.,_ Member. Phil Johnson l5 APPROVED AS TO FORM: Prosecuting Attorney 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,$-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, 12.15, 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 Its STATE OF WASHINGTON COLINTY 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 ofNotary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: ss ) ) ) t7 EXHIBIT I The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties described below, excluding only that potion of any parcel lying westerly of US l0l, and together with leased tidelands supporting the Pleasant Harbor Marina; all as illustrated at Figure l-5, page l-4 of the Brinnon Master Planned Resort FEIS issued November 27, 2008. Parcel A APN 502153002 The Northeast Yo 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 % 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 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 Govemment 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 thereof, lying 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 Washinglon. 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 t/r 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 of the North 539.00 feet thereof. Together with tidelands of the second class, as conveyed by the State of Washinglon, situate in front oi adjacent to and abufting 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 lq of the Southeast Yo andthe Southerly margin of the Black Point Road; thence South along the said East line, a distance of 300 feet; thence West 350 feet; thence North to the point of intersection with the Southerly margin of the Black Point Road; thence Easterly along said Southerly margin to the point of beginning. Situate in the County of Jefferson, State of Washington. Parcel E APN 502152005 That portion of the Southwest % of the Northwest % of Section 15, Township 25 North, Range 2 West, W.M., described as follows: 2 A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of way of State Highway l0l; Except the right ofway for Black Point Road as conveyed to Jefferson County by deed recorded under Auditor's File Nos. 223427 and 410399, records ofJefferson County, Washington. Also Excepting Therefrom the following tract: Beginning at the Southwest corner 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, 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 88o 23' 07" West to the true point of beginning of this exception. Situate in the County of Jefferson, State of Washington. Parcel F APN 502152014 Lot I of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records of Jefferson County, Washington, being a portion of Section I 5, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Situate in the County of Jefferson, State of Washinglon. Parcel G APN 5021520f5 Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and 206, records of Jefferson County, Washinglon, being a portion of Section 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. J Parcel I APN 502152013 Lot l, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats, pages22l to223 and 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 particularly described as follows: Commencing at the North % corner of Section 15, Township 25 North, Range 2 West, W.M., Jefferson County, Washington; thence South 88o I 3 ' 42" East along the North line of said Section I 5 for a distance of 364.50 feet to the point ofbeginning; thence continuing South 88o l3' 42" East 238.76 feet to the line of mean high tide; thence South 6l' 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' l9" West along the line of mean high tide 26.83 feet; thence South 87o 54' 36" West 166.65 feet; thence North 21" 2l' 05" West 43.00 feet to the point of beginning. And Also Excepting second class tidelands as conveyed by the State of Washington, in front of, adjacent to and abutting the above described excepted uplands. Situate in the County of Jefferson, State of Washington. Parcel J APN 502152012 Lot 2, Pleasant Harbor Marina Short Pla! 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 I 0, records of Jefferson County, Washington. Together with second class tidelands, as conveyed by the State of Washington, situate in front of, adjacent to and abutting thereon. Situate in the County of Jefferson, State of Washington. Parcel K APN 502153020 Those portions of the Southwest % of the Southeast % of Section 15, and Govemment Lot 2 of Section 22, both in Township 25 North, Range 2 West, W.M., Jefferson County, Washington, described as follows: The East 345.00 feet of said 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 502f$021 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 %of the Southeast %, as measured along the North line thereof. Together with that portion of said Government Lot 2 lying East of the Southerly prolongation of the West line of said East 520.00 feet and the West of the Southerly prolongation 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 % ofthe Southeast % of Section I 5, 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 Yr of the Southeast %, as measured along the North line thereof. Together with that portion of said Govemment Lot 2 lying East of the Southerly prolongation of the West line of said East 695.00 feet and West of the Southerly prolongation ofthe East line ofsaid East 520.00 feet. Situate in the County of Jefferson, State of Washington. APN 502152017 (Bed and Breakfast) Lot 4 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 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 PLEASANT HARBOR MASTER PLANNED RESORT Title l7 MASTERPLANNED 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) Chaoter 17.60. General Provisions 17.60.010 Authoritv. This title is adopted pursuant to Chapters 36.70 and 36.704 RCW. and Title 18 JCC. I7.60.020 Titte. 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 rezulations ma), be made using the applicable JCC section number. 17.60.030 Puroose and intent. The ourpose 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 l5 and Title I 8 of the Jefferson Countv may supplement the reeulations presented in this Article in accordance with the terms and conditions of the Development Agreement entered into between Jefferson Countv and Pleasant Harbor Marina and Golf Resort. LLP. 17.60.050 Aoolicabilitv. The provisions ofthis title shall apply to all land all associated water areas and all uses and structures within the boundary of the Pleasant Harbor Master Planned Resort as depicted on the official land use map for Jefferson County. Washington. 17.60 060 Exemotions. The following structures and uses shall be exempt from the regulations of this title. but are subject to all other applicable local. state and federal regulations includins. but not limited to. the countv buildins ordinance. interim critical axeas ordinance. the shoreline manasement master proeram. and the State Environmental Policy Act (SEPA). l- (l) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar eouioment for the distribution to consumers of telephone or other communications. electricitv. eas. or water or the collection of sewage. or surface or subsurface water operated or maintained bv a governmental entity or a public or private utility or other county franchised utilities includine customary meter pedestals. telephone pedestals. dishibution transformers and temporar.v utilitv facilities reguired durins building construction. whether any such faciliW is located underground. or above-groundl but only when such facilities are located in a sheet right-of-way or in an easement. This exemption shall not include above-qround electrical substations. sewage pump stations or treatment plants. or potable water storaee 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 communitv develooment to be appropriately located in the public interest: (3) Minor construction activities. as defined bv 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 oermitted in all zones. Any above-sround detention facilit-y or pond shall be screened from the oublic right-of-way or aporopriately landscaoed to ensure compatibility with the surrounding area. 17.60.110 Noneon{ormine-Preexistingusesandstructures. Existing legal residential and non residential land uses and structures in all zones ofthe Master Planned Resort are lawful uses and mav be continued in a manner consistent with state law. Titles l5 and l8 ofthe Jefferson Countv Code and any other applicable regulations or Ordinances. 17.60.120 Provisions bindine on the land. The provisions ofthis section shall apol), to any subsequent owners. lessees. tenants or others with an interest in the propert-v subject to the master olanned resort (or any portion or parcel thereofl. includine but not limited to successors in interest. holders ofanv recorded interest recorded subseouent to the MPR approval. community associations. facilitv providers and special service districts operating within the MPR area. Chapter 17.65. Golf Resort (MPR-GR) 17.65.010 Purpose. The MPR-GR zone provides residential and recreational facilities. as well as commercial amenities and services associated with the resort and surroundine community. It provides the cenhal resort and conference facilities. 17.65.020 Permitted Uses.(l) Residential uses includine sinele-farnil), and multifamily structures, condominiums. townhouses. apartments. lofts. villas. time-share and fractionally owned accommodations of all kinds.(2) Short-term visitor accommodations. eftonstitutine not less than 65010 of the total residential units authorized by Ordinance #0 I -0 I 28-08. including. but not limited to hotels. a motels. lodges. and any residential uses allowed under subsection I ofthis section that is made available for short-term rental.(3) Visitor oriented amenities. including. but not limited to (a) conference and meetins facilities: (b) restaurants. cafes. delicatessens. pubs. tavems and entertainment associate with such usesl (c) on-site retail services and businesses tvpically found in destination resorts and desimed 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 salleries. and indoor or outdoor theatersl(5) Indoor and outdoor resort-related recreational facilities. including but not limited to golf courses (includins 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 nafure of master planned resort:(6) Waste water treatment facilities. including treatment plants. capture. storage and transmission facilities to serve a reuse/recycle pro8ram for on-site treatment and use/reuse of waste water and stormwate((7) Public water supply and related facilities: (&) Public facilities andservices as defined in JCC 18.10.160:(9) Utilities supporting the resort:(10) Emereency services (fire. police. EMS): (1 l) Medical services uses under I square feet: and (l l) Other similar uses consistent with the purpose of this zone and MPR as determined by the Deoartment of Community Development. 17.65.030 restrictions. No buildines within the MPR-GR zone shall be erected. enlareed or structurally modified to exceed 7180 feet in height as measured by IBC standards. Under8round or imbedded parking shall not be included in any heieht calculations. 17.65.040 Bulk and densitv requirements. There are no yard or setback orovisions intemal to the MPR-GR zone. All structures shall be set back at least 20 feet from Master Planned Resort boundary lines and adjacent MPR zones. Minimum buildine setback from State Route l0l is 50 feet. Chanter 17.70. Ooen Space Reserve (MPR-OSR ) 17.70.010 Purpose. The pumose 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#s-and.€n+he M extend landward 200 feet from OMHW of Hood Canal as measured under the Shoreline Manaeement Act (Chapter 90.58 RCW) or 25 feet from the top of the bank as measured under Chapler 18.22 JCC. whichever is Sneater. 17.70.020 Permitted uses. The following uses are permitted in the MPR-OSR zone: -3- ( I ) Restoration of existing development intrusions (roads. campsites) to theit natural pre- development statel and(2) Passive recreation that does not reduce the forest canop),. increase stormwater discharge or bluff erosion.(3) Those uses consistent with the Shoreline Master Proeram JCC 18.25 Chaoter 17.75. Marina Villaee (MPR-MV) 17.75.010 Puroose. The MPR-MV zone provides mixed use amenities and services associated with the marina portion of the resort and surrounding communitv. and provides the cenhal support to the marina operations. 17.75.020 Permitted uses. The followins uses permitted in the MPR-MV: (l) Marina and overwater shuctures as approved through the Jefferson Countv Shoreline Master Program and associated rezulations Chapter 18.25 JCC:(2) Residential uses including single-family and multifamilv structures. condominiums. time- share and fractionall), owned accommodations of all kindsl(3) Marina Village related upland mixed use. commercial and service facilities. includine 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. storase buildings and similar structures supporting marina and maritime villase uses. fuel service and parkingl (5) Indoor and outdoor resort-related recreational facilities. including but not limited to tennis courts. swimming pools. marinas. hikins tails. bicycle paths. ropes courses. same center and other recreational uses consistent with the nature ofmaster planned resort.: C6) Utilities supporting the resort:(7) Infrastructure and buildines. both above and below sround. for the utilities:(8) Emergency services (fire. police. EMS):(9) Public facilities. and services serving the MPR-MV zone: and(10) Other similar uses consistent with the purpose of the this zone and MPR as determined by the Department of Communit-v Develooment.. 17.75.030 restrictions. 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 oarking shall not be included in any height calculations. 17.75.040 Bulk and densitv requirements. There are no vard 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 Chanter 17.80. Pleasant Harbor Resort Development -4- 17.80.010 Resort develonment. This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets out a required environmental review process for any future resort development. and provides processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to all resdrt and associated development within the Pleasant Harbor MPR. 17.80.020 Development can. The Pleasant Harbor MPR in total shall have a development cap of 890 residential units provided. however. short term visitor accommodation units shall constitute not less than than 65 percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of 790.000 square feet ofresort commercial. retail. restaurant and conference space. not includine lobbies and intemal open space. 17.80.030 Resort Plan The Resort Plan for future development of properties in the Pleasant Harbor MPR means the regulations. requirements. densities and uses established in the Development Asreement between the Countv and Pleasant Harbor Marina and Golf Resort. LLP dated I and aoproved by Ordinance No. I 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. 17.80.040 Permit process for resort development.(l) A project-level supplemental environmental imoact statement (SEIS) analvzins develooment under the Resort Plan is required prior to issuance of building permits for any new resort development. The applicant mav choose to develop a new environmental impact statement rather than a supplement.(2) Notice ofapplication for environmental review ofthe Resort Plan shall be provided to all persons or asencies entitled to notice pursuant to the land use procedures ofJCC Title 18.(3) Actual building permit plans or construction drawines are not required durine the SEIS process. Architectural drawings including a detailed site plan and architectural sketches or drawings showing approximate elevations. sections" and floor olans are required however. to ensure that the SEIS considers project-level details.(4) The department of community development may impose mitigatine conditions or issue a denial ofsome or all ofthe Resort Plan based on the environmental review and usine authority provided pursuant to the State Environmental Policy Act. Chapter 43.21C RCW. A+epe* ions. Article X of Chaoter 18.40 JCC .t utt b. (5) Following completion of the SEIS building permits mav be issued. following appropriate plan review. for projects analyzed in the SEIS.(6) Actual resort development may be undertaken in phases. but only following completion of review and approval of a full resort buildout plan tluough the SEIS process. A phasing Comm€nted [DWrl]: Per David Alvarez. -5 date. schedule may be proposed as part ofthe environmental review or may be developed at a later 17.80.050 Environmental review for Resort Plan development.(l) All project level applications will be given an automatic SEPA threshold Determination of Significance except where the SEPA-responsible official determines that the application 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 apglication may raise. The scope shall not chanee the standards of approval. however. as set forth in the development aereement and these development regulations.(3) The utility element ofany subsequent phase environmental review oertaining to the Pleasant Harbor MPR shall review information on all affected utilitv systems. includins sewer and water systems and the results of required monitoring. The effectiveness of such monitoring shall be evaluated. Supplements or chanees to the monitorins and reporting svstems shall be considered ifnecessary to ensure that water qualitv and water supply are adequately orotected 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 specific levels of detail ma), 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 simificant adverse environmental impacts. 17.80.060 Revisions to Resort Plan.(l) Any proposed enlargement to the Pleasant Harbor MPR boundarv or zone changes within the MPR shall require a Comprehensive Plan amendment and related zonine action. Such changes are outside the scope ofthe revision processes described below and in JCC 17.80.070 and 17.80.080. The Countv may aporove an amendment to the Comprehensive Plan only if all requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.(2) The Coun8 shall acceot buildin&permits only for projects included in and consistent with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for approval prior to the acceotance of an), proposal that is inconsistent with the Resort Plans set forth in this title. Upon approval ofa revision. all subsequent development proposals shall be consistent with the revised Resort Plan and development regulations.(3) Proposed revisions to the Resort Plan shall be submitted to the department of communitv development and the DCD director will determine whether the proposal constitutes a major or minor revision. Upon making a determination. the proposed revision shall follow the aopropriate 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 recoenizes that the Resort Plan may require minor changes to facilities and services in response to changing conditions or market demand and that some degree of flexibilitv for the resort is needed. Minor revisions are those that do not result in a -6- substantial change to the intent or ourpose ofthe Resort Plan in effect. A change that satisfies the and.r+hieh following criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve no more than a ten (10) percent increase in the overall eross square footage ofthe Resort Plan:(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 modifr the recreational nature and intent of the resort. A change to the Resort Plan may still qualify as a minor revision under this section despite its failure to satisfo one or more ofthe conditions (a) through (d) ofthis section.(2) Minor Revision Process. Applications for minor revisions shall be submitted to. and reviewed b), the Jefferson Countv department of community development to determine if the revisions are consistent with the existins Resort Plan and Resort Plan SEIS. the Jefferson Countv Comprehensive Plan and other pertinent documents. Those proposals that satisft the above- referenced criteria shall be deemed a minor plan revision and ma], be administrativel], aoproved (as a Type 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 appeal opportunities shall be provided to all persons or agencies as required by the land use procedures of JCC Title I 8. Unified Development Code. Those revisions that do not compl), 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: chanees in use. increase in the intensit-y of use. or in the size. scale. or densit-y of development: or chanses which may have a substantial impact on the environment bevond those reviewed in orevious environmental documents. are considered to be major revisions and will require apolication for a revised Resort Plan.(l) Aoplication for a Maior Revision to the Resort Plan. An application shall be orepared describing the proposed revision in relation to the approved Resort Plan and providing a framework for review. analysis and mitigation of the revised development activity proposed. The Resort Plan revision oroposal shall include the following information: (a) A description of how the revised Resort Plan would further the goals and policies set forth in the Comprehensive Plan:(b) A description of how the Resort Plan revision complements the existing resort facilities of the MPR:(c) A description of the desien and functional features of the Resort Plan revision. setting out how the revision orovides for unified development. integrated site desisn and protection of natural amenities:(d) A listins ofproposed additional uses and/or proposed changes to density and intensitv ofuses within the resorL and a discussion ofhow these changes meet the needs of residents of the Pleasant Harbor MPR and pAtrons of the resortl(e) A description and anal),sis of the environmental imoacts associated with the proposed revision. includins an analysis of the cumulative impacts of both the proposed 7- revision and the approved Resort Plan. and their eflects on surrounding properties and/or public facilities:(fl A descriotion ofhow the proposed Resort Plan revision is intesrated with the overall Pleasant Harbor MPR and any features. such as connections to hail systems. natural systems or greenbelts. that have been established to retain and enhance the character of the resort and the overall MPR:(g) A description ofthe intended phasing ofdevelopment proiects: (h) Maos, drawings. 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 existine 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 aoplied for.(2) Major Revision Process. Major revisions shall be processed as a hearing examiner decision (Tyoe III). with a required public hearine prior to the decision. Public notice ofthe application. the written decision. and appeal opportunities shall be orovided to all persons on the Pleasant Harbor MPR roster (see JCC 17.60.070) and such other persons or agencies as reouired by the land use procedures of JCC Title 18. Unified Develooment Code. Any proposed major revision involvins a change to the boundaries of the MPR zone shall require a Comprehensive Plan amendment (a Type V countv commissioners decision) orior to any decision on the Resort Plan amendment.(3) Decision Criteria. The hearins examiner may approve a major revision to the Resort Plan only if all the following criteria are met:(d The proposed revision would further the goals and oolicies set forth in the Comorehensive Plan:(b) No unmitigated probable significant adverse environmental impacts would be created by the proposed revision:(c) The revision is consistent with all applicable development reeulations. includine those established for critical areas:(d) On-site and off-site infrastructure (includine but not limited to water. sewer. storm water and transportation facilities) impacts have been fully considered and mitigatedl(e) The proposed revision complements the existine resort facilities. meets the needs ofresidents and patrons, and provides for unified develooment. integrated site desisn. and protection of natural amenities. -8- Title 18 UI\IIFIED DEVELOPMENT CODE Chapter 18.15 Land Use Districts 18.15.025 Master planned resort. Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated development with primary focus on resort destination facilities that includes short-term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. A resort may include other residential uses, but only ifthe residential uses are integrated into and support the on-site recreational nature ofthe resort. (l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The fifgte*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 ofJCC Title 17. The master planned resort ofPort Ludlow is characterized by both single-family and multifamily residential units with attendant recreational facilities including a marin4 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 intemal regulations and planning restrictions such as codes, covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However, Jefferson County does not enforce private codes, covenants and restrictions.(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the second officially designated master planned resort in the County. The Pleasant Harbor MPR is desienated in accordance with RCW 36.704.360 as a new master planned resort and is subject to the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by a golf course resort facility south of Black Point Road and a marina./Maritime Village and associated housing north ofBlack Point Road. The resort is predominately desisned to serve resort and recreation uses and has only limited full-time occupancy. The resort is served by the Brinnon Rural Center. which accommodates LAMIRD-scale commercial uses serving the resort and local oopulation. The master planned resort's intemal reeulations and planning restrictions such as codes. covenants and restrictions may be more restrictive than the requirements in JCC Title 17. However. Jefferson Countv does not enforce private codes, covenants and restrictions. 18.15.115 Designation. "Master planned resort" (MPR) is a land use designation established under the Comprehensive Plan. The enlaeltis+ing officially designated master planned resorts in the county qgis the Port Ludlow MPRend the Pleasant Harbor , provisions for which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding desigration of existing master planned resorts. Pleasant Harbor MPR is adopted Bursuant to RCW 36.704.360 pertaining to new 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. -9- 18.15.f20 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 ofrecreational 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 Allowableuses. 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 of the total resort accommodation units. 3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf courses (including accessory structures and facilities, such as clubhouses, practice facilities, and maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent with the on-site recreational nature of the master planned resort. (4) Campgrounds and recreational vehicle (RV) sites. (5) Visitor-oriented amenities, including, but not limited to: (a) Eating and drinking establishments; (b) Meetingfacilities; (c) On-site retail businesses and services which are designed to serve the needs ofthe users such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores, real estate/property management offices; and (d) Recreation-oriented businesses and facilities such as sporting goods and outdoor equipment rental and sales. (6) Cultural and educational facilities, including, but not limited to, interpretative centers and exhibits, indoor and outdoor theaters, and museums. (7) Capital facilities, utilities and services to the extent necessary to maintain and operate the master planned resort. (8) Temporary and/or permanent structures to serve as sales 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 Requircmcnts for master planned resorts. - 10- An applicant for an MPR project must meet the following requirements: (l) Master Plan. A master plan shall be prepared for the MPR to 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 athact people to the area and resort. (b) A description of the destination resort facilities of the MPR, including short-term visitor accommodations, on-site outdoor and indoor recreational facilities, off-site recreational opportunities offered or provided as part ofthe resort's services, and commercial and supportive services provided. (c) A listing of the proposed allowable uses and maximum densities and intensities of use of the MPR and a discussion of how these uses and their distribution meet the needs ofthe resort and its users. (d) A land use map or maps that depict the completed MPR development, showing the full extent and ultimate development of the MPR or resort and its facilities and services, including residential and nonresidential development types and location. (e) A description, with supportive information and maps, of the design and functional features that provide for a unified development, superior site design and protection of natural amenities, and which further the goals and policies of the Comprehensive Plan. This shall address how landscaping, screening, and open space, recreational facilities, road and parking design, capital facilities, and other components are integrated into the project site. (D A description ofthe environmentally sensitive areas ofthe project and the measures that will be employed for their protection. For an MPR adjacent to the water and subject to the jurisdiction of the Shoreline Management Act, a description and supportive materials or maps indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program. (g) A description ofhow the MPR relates to surrounding properties, and how its design and arrangement minimize adverse impacts and promote compatibility among land uses within the development and adjacent to the development. (h) A demonstration that sufficient facilities and service which may be necessary, appropriate, or desirable for the support ofthe development will be available, and that conculrency 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 ofthe 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 XI of Chapter 18.40 JCC (Development Ageements), 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 ofa specific master planned resort, which may include, but are not limited to: -ll- (a) Permitted uses, densities and intensities ofuses, and building sizes; (b) Phasingofdevelopment, ifrequestedbythe applicant; (c) Procedures for review ofsite-specific development plans; (d) Provisions for required open space, public access to shorelines (ifapplicable), visitor-oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and on-site retaiVcommercial services; (e) Mitigation measures imposed pursuant to the State Environmental Policy Ac! Chapter 43.2IC RCW, and other development conditions; and (f) Other development standards including those identified in JCC 18.40.840 and RCW 36.70B.170(3). (3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned resortlandusedesignation,pursuanttotherequirementsofJCC 18.45.040;provided,thatthe subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and JCC I 8.45.030 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. Ifdeemed appropriate by the applicant and the county, amaster planned resort project may be designated by the county as a planned action pursuant to the provisions of RCW 43.21C.031 and WAC 197-ll-164 and 197-l l-168. (5) Self-Contained Development. All necessary supportive and accessory on-site urban-level commercial and other services should be contained within the boundaries of the MPR, and such services shall be oriented to serve the MPR. New urban or suburban development and land uses are prohibited outside the boundaries of a master planned resort, except in areas otherwise designated as urban gowth areas in compliance with RCW 36.704.1 10. 18.15.129 Application requirements and approval process. New MPR applications shall be processed as Type V permits under this UDC, requiring legislative approval by the board of county commissioners and the following: (l) A draft of the master plan shall be prepared to meet the requirements of JCC r 8. l 5.126(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 $ I ] 18.15.132 Decision-makingauthority. (l) 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 counfy 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. t2- 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 shall be denied. (l) The master plan is consistent with the requirements of this article and Article VI-D of this chapter (Environmentally Sensitive Areas District (ESA)). (2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline Master Program, and complies with all other applicable sections of this code and all other codes and policies ofthe county. (3) Ifan MPR will be phased, each phase contains adequate infrastructure, open space, recreational facilities, landscaping and all other conditions 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 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 desigl, 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 infrashucture and service impacts have been fully considered and mitigated. (8) Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. (9) The master plan establishes location-specific standards to retain and enhance the character of the resort. (10) The land proposed for a master planned resort is better suited and has more long-term importance for the MPR than for the commercial harvesting of timber or production of agricultural products, and the MPR will not adversely affect adjacent agricultural or forest resource land production. [Ord. 8-06 S l] 18.15.138 PerlLudlerv Master Planned Resort. The Pe*trudlolx Master Planned Resort Code (JCC Title l7), as may be amended to be consistent with the provisions of this UDC, is hereby adopted by reference and made a part of this UDC. -13-