HomeMy WebLinkAbout052Michelle Farfan
From:
Sent:
To:
Cc:
Subject:
Attachments:
206.547.1075
206.547.19s8
253722.8267
JT Cooke <jt@houlihan-law.com >
Thursday, November L3,20L41:12 PM
'David W. Johnson'
'Schipanski, Rich'; 'Hollinger, Kristy'; 'Garth Mann'; peckassoc@comcast.net
RE: Draft Development Agreement
201,4 LL 4 Development Agreement (JT edits).docx; 20L4 Ll4 Pleasant Harbor Zoning
Code (JT Edits).docx
David-
I have attached the revisions we discussed. Please review and let me know if you have any questions. Would you send
me clean versions once you have approved the redlines so that I may review the final drafts before they are released
with the draft SEIS.
Thanks,
JT
m HouLTHAN LAw
34O? Evanston Aven,re N. Surte C . Seattle. WA 98103
JOHN T. (JJ.) COOKE
ATTORNEY
DIRECT
FAX
MOBILE
rrww, houlihan-law,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. Joh nson [ma i lto :djoh nson @co.jefferson.wa. us]
Sent: Thursday, November 13, 2014 9:38 AM
To: JT Cooke
Cc:'Schipanski, Rich';'Hollinger, Kristy';'Garth Mann'; peckassoc@comcast.net
Subject: RE: Draft Development Agreement
Great! Thanks!
From: JT Cooke Imailto: it@houlihan-law.com]
Sent: Thursday, November L3,2OL4 9:36 AM
To: David W. Johnson
Cc:'Schipanski, Rich'; 'Hollinger, Kristy'; 'Garth Mann'; peckassoc@comcast.net
Subject: RE: Draft Development Agreement
Working on it now. Should have it to you around noon.
Thanks,
1
JT
m HouLTHAN LAw
JOHN T. (J.T.I COOKE
ATTORNEY
2o6.547.1O7 5 orREcr
206.547.1958 FAx
253.722.8267 MoBTLE
ywv,houllhan-law.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 [mailto:djohnson@co.jefferson.wa.us]
Sent: Thursday, November 13, 2014 9:28 AM
To: JT Cooke
Cc: David W. Johnson; Schipanski, Rich; Hollinger, Kristy; Garth Mann; peckassoc@comcast.net
Subject: Draft Development Agreement
JT,
How are we coming with the changes? We were hoping to get a final draft development agreement today, and final the
draft SEIS tomorrow since we are going live next week. Please let us know where you are at so we can adjust
accordingly.
From: David W. Johnson
Sent: Monday, November LO,201411:02 AM
To: JT Cooke
Cc: David W. Johnson
Subject: Economic Analysis on Earnings
Wright Johnson Economic Report attached.
From: JT Cooke Imailto:it@houlihan-law.com]
Sent: Friday, November 07,2OL4 3:02 PM
To: David W. Johnson
Subject: RE: Pleasant Harbor MPR
2
Works for me. l'll send an invite out
34O1 Evanston Avenue N, Surte C . Seattle, WA 981O3
m HouLTHAN LAw
34O1 Evanston Avenue N, Surte C . Seattle, WA 98103
JOHhI T, (JJ.} COOKE
ATTORNEY
206.547.1075
206.547.r958
253.722.8267
206.547.1075
206.547.1958
2s3.?22.8267
DIRECI
FAX
MOBILE
www.houllhan-law.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 I ma ilto : djohnson @co jefferson.wa. us]
Sent: Friday, November 07,20L4 2:21PM
To: JT Cooke
Subject: RE: Pleasant Harbor MPR
Yes, let's talk. How about 10am?
From: JT Cooke [mailto:it@houlihan-law.com]
Sent: Friday, November 07 ,2074 2:16 PM
To: David W. Johnson
Cc: peckassoc@comcast.neU'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
H HouLTHAN LAw
34Oi Evanston Avenrre N, Surte C . Seattle, WA 981O3
JOHN T. (J.T.} COOKE
ATTORNEY
DIRECT
FAX
MOBILE
3
www,houlihan-law,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 [mailto:diohnson@co.jefferson.wa.us]
Sent: Wednesday, November 05, 20L4 L2:52 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 29,2014 2:15 PM
To: JT Cooke
Cc: oeckassoc@comcast.net; 'Schipanski, Rich'; 'Hollinger, Kristy'; 'Garth Mann'; David W. Johnson; David Alvarez
Subject: RE: Pleasant Harbor MPR
JT,
Please review the attached, make additions/corrections and return
Thanks!
From: JT Cooke [mailto:it@houlihan-law.com]
Sent: Friday, October 24,2OL4 2:01 PM
To: David W. Johnson
Cc: peckassoc@comcast.net; 'Schipanski, Rich';'Hollinger, Kristy';'Garth Mann'
Subject: RE: Pleasant Harbor MPR
Hi David-
Attached please find the revised zoning code and development agreement which address your comments and changes.
Please let me know if you have any questions.
Thanks,
JT
m HouLTHAN LAw
34O1 Evanston Avenue N. Surte C . Seatlle. WA 98103
JOHN T. ('.T.} COOKE
ATTORNEY
206.547.r075
206.547.r9s8
2s3.722.8267
OIRECT
FAX
MOEILE
4
www,houllhan-law,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. Joh nson [mai lto : djoh nson @co jefferson.wa. us]
Sent: Monday, October 20,20L4 1:05 PM
To: JT Cooke
Cc: peckassoc@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?
Thanks I
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
m HouLTHAN LAuu
3{Ot Evanston Avenue N, Surte C . Seatlle, WA 98103
JOHN T, U.T.} COOKE
ATTORNEY
206.547.1075 ornecr
206.547.1958 FAx
253.722.8267 MoBrLt
www.houtlhan-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. Joh nson [ma i lto : djoh nson @co.jefferson.wa. us]
Sent: Tuesday, May 20,2014 4:40 PM
To: JT Cooke
Cc: peckassoc@comcast.neU David W. Johnson
Subject: RE: Pleasant Harbor MPR
JT,
Here are our proposed revisions and comments. Please review and provide a revised draft.
5
Thanksl
From : JT Cooke [mailto :it@houlihan-law.com]
Sent: Friday, April 11, 2014 8:50 AM
To: David W. Johnson
Subject: Pleasant Harbor MPR
Hi David-
Thanks for your patience-it's been a cl'azy 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
Eil HouLTHAN LAuu
34Ot Evanston Avenue N, Surte C r Seattle, WA 981O3
JOHN T. U.T.} COOKE
ATTORNEY
206.547.1075
206.547.r958
253.722.8267
DIRECT
FAX
MOBILE
rvww.houllhan-law.eom
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.
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6
DEVELOPMENT AGREEMENT BY AND BETWEEN
JEFFERSON COUNTY, WASHINGTON AND PLEASANT
HARBOR MARINA AND GOLF RESORT, LLP RELATING TO THE
DEVELOPMENT COMMONLY KNOWN AS THE
PLEASANT HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this _
day o[_- 20l4,by and between PLEASANT HARBOR MARINA AND GOLF
RESORT, LLP, a Washington limited liability partnership (referred to as "Developer")
and JEFFERSON COUNTY (the "County"), a municipal corporation under the laws of
the State of Washington, pursuant to RCW 36.708.170 -.210.
RECITALS
WHEREAS, Developer is the owner of real property consisting of approximately
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 I\4PR").
WHEREAS, buildout of Developer's Property is expected to occur over the next
five to ten years depending upon market conditions and Developer, Jefferson County, and
members of the public at large will invest considerable time in the County permit and
review process for the future buildout of Developer's Property.
WHEREAS, the Washington State Legislature enacted RCW 36.708. 170-.210 to
strengthen the land use planning process and reduce the costs of development by
authorizing the County to enter into a private agreement with a landowner regarding the
development of its real property located within the County's jurisdiction.
WHEREAS, the County has determined that this Agreement will facilitate
orderly buildout of Developer's Property within the Pleasant Harbor MPR and will
further promote growth management and planning objectives of the County by providing
certainty over time with respect to permitted densities, uses, development standards and
other aspects ofthe development review process.
WHEREAS, the Parties to this Agreement acknowledge the Zoning Ordinance
for the Pleasant Harbor MPR (chapters 17.60-17.80- JCC) is in conformance with the
standards set forth in the Countywide Planning Policies and the Jefferson County
1
Comprehensive Plan and is consistent with the goals and requirements of the Growh
Management Act.
WHEREAS, pursuant to RCW 36.708.200, this Agreement was the subject of a
fifteen (15) day comment period, which ran to _2014, and a hearing was held
before the Jefferson County Board of County Commissioners on 2014. The
BOCC authorized execution of this Agreement by Resolution No. _ adopted on
.2014.
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
NOW THEREFORE, in consideration of the promises, covenants, and
provisions set forth in this Agreement, the receipt and adequacy of which consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. EFFECTM DATE AND TERM
l.l Effective Date
The effective date shall be the date ofthe adoption ofa resolution by the Jefferson
County Board of County Commissioners approving this Development Agreement.
1.2 Term
The term ofthis agreement shall be twenty (20) years from the effective date.
1.3 Modification
This Agreement may be modified, extended or terminated upon the written
agreement ofDeveloper and the County.
Section 2. DEVELOPER'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 Asreement is attached as ExhibitEl. _,..
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
2
CrmmenEd [DWJ1!: Saidly speaking, wouldn't we need a
map showing the MPR exclusive ofthe Bed ud Brekfast property?
Commented [JT2t: Yes, we do ned a map but I believc it
should also include the B&B Property to make cler that the density
limitations apply to the entire MPR.
@mmerEd [DWJ3I! JT: ne€d language to @mply with JCC
18.15.123(2Xa) specilically reguding development restrictcd to 890
residential units and 79,000 squde fect ofcommercial development
md the restriction ofnot less thm 6570 oftotal residential units as
shon tsm rental. Should also be in the development regulations
Title I 7 Article [. Se atlached code sction in my cmail.
exceed 890 residential units and 79.000 square feet ofcommercial space. Sixty-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
3.3 Surface Water Standards
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Stormwater Management Code, JCC 18.30.070. A copy of the Code
section is attached in Appendix 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 ICC. A copy of the Code section is attached in Appendix
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 1995 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
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.
3
CommenEd [DU4] : There Comp Plan policies hsve yct to be
draied and may not be in final fom at time ofdevelopmmt
8gr@ment signing. I @uld include the drsft lmguge with a note
that final policies will be produced once our Comp Plm update is
@mpleted in 2016, or 2017 or 2018 with a two yeu extension.
CommenEd [fT5]: Was it replaced? If so, with whal chapts?
@mmenEd [DWr6l3 12.15 h8 b@n repealed, s I deleted it.
MPR.
Additional Development Standards as identified in Chapters 12.05, 12.10,l#!J+[
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-[waterpurveyor]'theJeffersonCounty
Coordinated Water System Plan ("CWSP") and the Washington State Department of
Health and all other applicable laws, ordinances, rules and regulations. A copy of the
applicable CWSP is attached in Appendix Hl.
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:
Sheriff--Jefferson County shall provide law enforcement -services within
the Pleasant Harbor MPR consistent with the Memorandum of
Understanding (MOU) attached as Appendix JN-l.
Fire and EMS-Fire and EMS services within the Pleasant Harbor MPR
shall be provided by Jefferson County Fire District No. 4. Mitigation fees
associated with development of the Pleasant Harbo , 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
Diskict. Mitigation ftes-associated with development of the Pleasant
Harbor MPR. if any, shall be determined and paid pursuant to applicable
state and local law as set forth in the MOU attached as Appendix Jll-.3.
a
a
9_Transportation-Public transportation services to the resort are provided
by Jefferson County Transit. Mitigation fee+associated with development
of the Pleasant Harbor MPR if any, shall be determined and paid pursuant
to applicable state and local law as set forth in the MOU attached as
Appendix JII-.4.
4
. Elealthcard.;Mjtisetienglflglp=t=e=d=]yjlh=CgygJ.oprns(pf=the.=B!=ee$!t
Harbor MPR. if any. shall be determined and paid pursuant to applicable
state and local law as set forth in the MOU aftached as Appendix J-5.
hr^,,-:-.J Iilicatinn accnniarai ruith r{avalnnmant nfthe Pleasant
Harbor MPR. if any. shall be determined and paid oursuant to applicable
state and local law as set forth in the MOU attached as Appendix J-6.
o Local Employment and Construction Materials-Developer will advertise
and give written notice at libraries and oost offices in East Jefferson
CounB and recruit locally to fill opportunities for contracting and
employment. Developer shall prioritize the sourcing of materials from
Jefferson Countllto develop the Pleasant Harbor MPR. Nothine in this
section shall require that developer utilize materials or labor from
Jefferson CounW that are not ofcomparable price or quality to their
counterparts outside of Jefferson County.
o The County agrees that the these MOUs satisff condition 63(c) of
County Ordinance No. 0l-0128-08 and further agrees that Developer will
not be required to provide additional mitigation for these services
tpe+ieebuh&recmen{ ryC gt4 eM$-. sptrggl qld tlq19p9_{elie,!-,, !94_q
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
ZoningCode (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 pompliancq.... .._
4.2.1 . Prior EIS. The parties acknowledge that potential environmental
impacts from future development of the Pleasant Harbor MPR have been assessed and
addressed in prior environmental documents. The prior reviews were published in the
following documents:
Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf
Resort (September 5, 2007);
Commentod [DWr10]: JT: must have language thar ssrisfies
JCC I 8. I 5. I 23(2)(e) reguding implementation ofthe mitigation
meuues proposed in the SEIS. See code wtion anached to my
email.
5
Commented [DWJ7]: JT; need to add a section on healthcae
per the agrement aftached with my email to be Appendix N-5.
Commented [DtUr8l: JT: need to add a section on housing per
the agrement attrched with my eroil to be Appendix N-6
Formattedi Indent: Hanging: 0.25"
Commented IDYUJ9]: More accurate.
a Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
(November 27 ,2007);
Pursuant to Condition 63b of Ordinance 0l-0128-08, the County required a supplemental
impact statement on the planned final configuration of the MPR, and the systems
designed to address the conditions and environmental consequences ofthe MPR as
identified in the November 2007 FEIS (Chapter 5) and Condition 63 a-dd in Ordinance
0l-0128-08. The SEIS was published in the following documents:
Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort (_datej;
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement (_dateJ.
(the draft and final EIS and SEIS are referred to collectively as the "Prior EISs").
Development shall substantially comply with the express mitiqation measures imposed
pursuant to the Prior EISs.
4.2.2 Future SEPA Review for Individual Projects. The Prior EISs shall
constitute compliance to the fullest extent possible under SEPA, as well as Condition 63b
ofOrdinance 0l-0128-08, for all subsequent approvals or permits to develop the Pleasant
Harbor MPR consistent with this Agreement, including, but not limited to, plats, short
plats, binding site plans, development permits, grading permits and building permits.
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 llom Prior EISs shall be
used to the fullest extent possible in future SEPA review. The scope of environmental
review shall be limited to considering how or whether the proposal differs from or
exceeds the scope of the Prior EISs and if so, whether such modification results in
potentially significant adverse environmental effects that have not been adequately
addressed in the Prior EISs.
Nothing in this Section shall release Developer or its successors, successors in
title, or assignees from complying fully with the terms of the Pleasant Harbor MPR
Comprehensive Plan Amendment, Ordinance 0l-0128-08 (Appendix B), specifically
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
4.3 Vesting of Development Standards and Mitigation
a
a
6
To the fullest extent allowed by law, all development proposed on Developer's
Property shall be vested to and governed by the terms of this Development Agreement,
the Pleasant Harbor MPR chapter of the Jefferson County Zoning, and the Unified
Development Code, now codified at Title l8 of the Jefferson County Code including, but
not limited to, those code standards attached to this Agreement effective on the date of
this Agreement (as defined in Section 3.I and attached as Appendices A-l+1). This
vesting provision shall be applicable, without limitation, to all land use applications,
permits, uses and development that occur on the Developer's Property within the term of
this Development Agreement. The vesting period shall be the same as the term of this
Agreement. Except as otherwise provided in Section 4.3.1 through 4.3.3 below any new
or different development standards adopted by the County during the term ofthis
Agreement shall not apply to Developer's Property. To the extent this Agreement does
not establish standards or requirements covering a subject, element or condition, then the
development approval sought shall vest to and be govemed by the County codes,
regulations and standards in effect upon the date 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 modify one or more of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
Agreement, after notice, a public hearing and adoption of findings and conclusions, to the
extent required to avoid a serious threat to public health or safety, as provided in RCW
36.708.170.
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 Building Codes. Jefferson County Code Title 15, The
Intemational Building Code and International Fire Code in effect in the State of
Washington as of the date of filing of a complete application for a building permit shall
apply to all new development.
Section 5. ptuStNQ
5.1 fhasing Phn[
__14-
Pleasant Harbor and Marina Resort is a planned resort that is capable of being
developed in independent and severable components or "phases." Future development of
the Pleasant Harbor MPR and all associated infrastructure, including roads and utilities,
may be reviewed, permitted and constructed and/or bonded in phases or subphases. A
phasing plan (consisting offour phases) for development ofthe Pleasant Harbor MPR
(reviewed as part of the SEIS) is attached as Exhibit 4. Each phase may further be
CommenEd IDWr1U! See CraigPeck's email requesting
accurrcy and consistency betwen map md this section.
CommenEd
JCC 18.15.123(
bonding?
[DWll2l: JT: ned luguage that @mpiles with
l)(i) ild (2Xb). This may include a provision for
CommenEd
We qn bonow
[fE3l: Do we have spccific luguage in the SEIS?
fiom thrt
CommelrEd [rTt4I: Ph$ing lmguagFti€ Jeffersn Couty
requkement md phasing ple
CommenEd [JT15]: Add bulleted list from SEIS prefered
alrenative.
7
broken down into discrete sub-phases as conditions dictate. Developer must complete or
bond all necessarv infrastructure to support a phase or sub-phase prior to obtaining
approval for a subsequent phase.
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,qaryl slap_pa*EC and relocated WDFW access road.
The Maritime Village Building consisting of 66 residential units and approximately
21,000 square feet of commercial space will also be constructed during Phase L
5.1.2 Phase 2. Phase 2 involves initial development of the central resort
facilities. Golf course construction will commence and the Golf Terrace and Conference
Center consisting of 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,
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, constructins the sanitarv sewer pump stations and force
main. and constructing the majority of the residential units including (l) Golf Tenaces 2,
3 and 4 comprising 329 unis; thirty six (36) Sea View Villas units, and thirty-eight (38)
Golf Vista units. A 52 unit building for staff quarters and maintenance will also be
constructed.
5.1.4 Phase 4. Phase 4 completes buildout of the Pleasant Harbor MPR
with construction of K206Sea View Villa residential units and4llGolf 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 of each 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.
8
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 specifrc
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
and made available to members of the general public for a fee to be established
Developer
in this ^eetien shall require that develeper utilize meterials er leber lem Jeffersen
Jeftrse+€ounei
M
Section 6. GENERAL PROVISIONS
6.1 Governing Law
This Agreement shall be govemed by and interpreted in accordance with the laws
and regulations of the State of Washington.
6.2 Binding on Successors; Assignment; Release of Liability
6.2.1 Bindins on Successors. This Agreement shall be binding upon and
inure to the benefit ofthe successors, successors in title and assigns ofDeveloper and
upon the County.
6.2.2 Assignment. The parties acknowledge that development of
Pleasant Harbor MPR may involve sale and assignment of portions of Developer's
Property to other persons who will own, develop and/or occupy portions of Developer's
Property and buildings thereon. Developer shall have the right to assign or transfer all or
9
CommenEd [DWI16I: Relates to JCC 18.15.123(l)(i) and
Commented IDM17]: Verbatim from the BoCC Conditions 63
&
CommenEd [DWr18l: JT: ned to add a section that @mplies
with BoCC Condition 63(g). Sprci{ically how the develope shall
stisfy this @ndition.
CommenEd [fTl9]: This is addressed in the housiag MOU
Formatbd: Font: gold
Fomatted: Font: Bold
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 offoreclosure. Consent by the County shall not be
required for any transfer ofrights pursuant to this Agreement.
Upon the transfer or assignment under this Section, where the transferee agrees to
assume obligations hereunder pertaining to the property transferred or assigned, the
transferee shall be entitled to all interests and rights and be subject to all obligations
under this Agreement pertaining to the property transferred or assigned, and Developer
shall be released of liability under this Agreement for the property transferred or
assigned, but shall retain liability for any breach which occuned prior to the transfer of
rights to another party and for those portions ofthe Property still owned by Developer.
6.2.3 Release of Liabilitv. Developer shall be released of all liabilities
and obligations under the Agreement it (a) Developer provides notice to the County of
an Assignment of the Agreement and (b) the assigned has assumed in writing the
obligations ofthe Agreement. Ifthe conditions for release are met under this sub-section,
then from and after the date of transfer, Developer shall have no further liability or
obligation under the Agreement, and the assignee shall exercise the rights and perform
the obligations of Developer under the Agreement for that portion of Developer's
Property acquired by the successor or assign. The parties acknowledge that Developer
may transfer or assign title to a portion of Developer's Property in any manner consistent
with this Agreement. Should the transfer or assignment of title relate to only a portion of
Developer's Property, then the release of liability pursuant to this paragraph shall only
apply to acts or omissions arising from or related to the portion ofDeveloper's Property
being assigned or transferred.
6.3 Recording; Release as to Residential Development
This Agreement shall be recorded with the Jefferson County Auditor against
Developer's Property as a covenant running with the land and shall be binding on
Developer, its successors, successors in title and assigns. Upon the approval ofa final
plat, a condominium declaration or other approved land division in compliance with this
Agreement that relates to residential development ofDeveloper'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 Intemretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the County's authority to enter into
such agreements, and this Agreement shall be construed to reserve to the County only
l0
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 agee to amend the Agreement to
implement the mutual intent of the parties to the maximum allowed by law.
6.5 Authority
The County and Developer respectively represent and warrant that it has the
respective power and authority to execute this Agreement.
6.6 Amendment
This Agreement shall not be amended without the express written approval of the
County and Developer (or its successors, successor in title and assigns with respect to the
property in which they have an interest). The Board of County Commissioners must
approval all amendments to this Agreement by ordinance or resolution and only after
notice to the public and a public hearing.
6.7 Exhibits and Appendices
Exhibits I throush 4 and Aopendices A througfr O are incorporated herein by this
reference as if fully set forth. In the event of any conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreement, the main body of this
Agreement shall control.
6.8 Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modifr 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.
ll
6.f0 Integration
This Agreement represents the entire agreement of the parties with respect to the
subject matter hereof. There are no other agreements, oral or written, except as expressly
set forth herein.
6.ll DisputeResolution
In the event of any dispute relating to this Agreement, all parties upon the written
request (to be titled "Notice of Dispute") of any other party, shall meet within the five (5)
business days to seek in good faith to resolve the dispute. The County shall send a
department director or the qualified lead planner and other persons with information
relating to the dispute, and Developer shall send an owner's representative and any
consultant or other person with technical information or expertise related to the dispute.
If the parties are unable to reach amicable resolution of a dispute within thirty (30) days
of the written Notice of Dispute issued by one of the parties, the parties agree that they
will immediately identif, 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 identiff and propose to the other party three
potential mediators. Between the proposed mediator lists, the parties will select a
mutually agreeable mediator to resolve the dispute. The mediation shall be completed
within 90 days of the original written Notice of Dispute by one of the parties. If the
parties are unable to reach a resolution following timely mediation, each party reserves
the right to seek resolution and pursue remedies available under this Agreement and at
law. The parties agree that the cost 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 ofthe alleged default is such that it cannot be reasonably cured with the thirty (30)
day period, then commencement of the cure within such time period and the diligent
prosecution to completion ofthe cure shall be deemed a cure. Any party not in default
under this Agreement shall have all rights and remedies provided by law including
without limitation damages, specific performance or writs to compel performance or
require action consistent with this Agreement. In recognition of the possible assignment
and sale of portions of Developer's Property (see Section 6.2.2) any claimed default shall
relate as specifically as possible to the portion ofthe Property involved and any remedy
against any party shall be limited to the extent possible to the owners of such portion of
remedies which do not adversely affect the rights, duties or obligations ofany other non-
defaulting owner of portions of Developer's Property under this Agreement. The
t2
Agreement shall be solelv responsible for the costs thev incur with respect to asserting or
O.
6.13 No Third Party Beneficiaries
This Agreement is made and entered into for the sole protection and benefit of the
parties hereto and their successors in title and assigns. No other person shall have any
right of action based upon any provision of this Agreement. Members of the general
public, including but not limited to those persons or entities purchasing residences or
condominiums from the Developer, shall not have any cause ofaction or enforceable
rights under this Agreement.
6.14 Construction
This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
6.15 Notice
All communications, notices and demands of any kind which a party under this
Agreement requires or desires to give to any other party shall be in writing deposited in
the U.S. mail, certified mail postage prepaid, retum receipt requested, and addressed as
follows:
To the County:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resorl LLP and Pleasant Harbor Marina LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
7370 Sierre Merena Dlvd-SW
ea[ary',a84}Fl4Hg
Scottsdale. Arizona 85269
cc:John T. Cooke
Houlihan Law
3401 Evanston Ave. N. Suite C
Seattle, WA 98103
cc:
Commenbd Alverez.
l3
6.16 EstoppelCertificates
Within 30 days following any written request that any party or a Mortgagee may
make from time to time, the other party shall execute and deliver to the requesting person
a statement certifring that: l) this Agreement is in full force and effect, and stating any
formal amendments to the Agreement; 2) to the best of the knowledge of the certiffing
party, no notice of default has been sent and no notice of violation of applicable laws has
been issued regarding the project; and any other reasonably request information. Failure
to provide a timely response to the requesting party shall be deemed conclusive evidence
that the Agreement is unmodified and in full force and effect and that no notices of
default or violation have been issued. Issuance ofestoppel certificates is an
administrative matter within the County. The County shall have no liability to the
requesting party if it provides an estoppel certificate in good faith and with reasonable
care.
6.17 Cooperation
The parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The parties agree to take further actions and
execute further documents, whether jointly or within their respective powers and
authority, to implement the intent of this Agreement.
6.18 Indemnilication
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 indemnifo 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 final judgment is rendered
against the other party or parties or their officers, agents or employees or jointly the
parties and their respective offrcers, 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 indemnifr and hold the other parties harmless
only to the extent ofthat party's negligence. This indemnifrcation 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.
t4
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 sarne 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,
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 ofCounty
Commissioners
Chair, John Austin
Member.David Sullivan
Member. Phil Johnson
t5
APPROVED AS TO FORM:
Prosecuting Attomey
Carl Smith
Director of Community Development
PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP
Attachments:
Exhibit I - Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina LLC Property
Exhibit 2 - Zoning Map of Developer's Property (to be supplied)
Exhibit 3 -Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit,t-Phasing Plans
Appendix A - MPR zoning chapter, Title 17 and 18 as amended
AppendixB Pleasant Harber eemprehensive Plan pelieies
Appendix Be - Stormwater Management Code, Chapter 18.30.070 JCC
Appendix eD - Critical Area Code, Chapter 18.22 ICC
Appendix BE - Land Division Code, Chapter 18.35 JCC
Appendix F!- Land Use Application Procedures Code, Chapter 18.40 ICC
Appendix !G- Shoreline Master Program, Chapter 18.25 JCC
Appendix GH - Additional development standards, Chapters 12.05, 12.10, {2,l5rand
18.30 JCC
Appendix Hl- Water Service Plan [from SEIS]
Appendix $ - Sewer Service Plan [ftom SEIS]
Appendi*K Gelf €eurse N'ana8ement Plan ffrem SEIS]
Apperdix t Marine Mffr{€e
Appendix IN - Memorandum of Understanding
L Schools
2. Fire/EMS
3. Police/Public safety
4. Transportation
5. Health Care
6. Housine
t6
Its'
Xete *ppenarces +-
t7
STATE OF WASHINGTON
COT]NTY OF
On this _ day of _, 2014, before me, the undersigned, a
Notary Public in and for the State of Washinglon, duly commissioned and sworn,
personally appeared Melvin G. Mann, to me known to be the person who signed as
manager of Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited
liability company that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said limited liability company
for the uses and purposes therein mentioned, and on oath stated that he was duly elected,
qualified and acting as said officer of the limited liability company and that he was
authorized to execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this _ day of 2014.
(Signature of Notary)
(Print or stamp narne of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My Appointment Expires:
)
)
)
l8
SS
EXHIBIT I
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the
properties described below, excluding only that potion ofany parcel lying westerly ofUS
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 lt 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 of said Southwest % of the
Northwest %;
thence South 30 feet to the point ofbeginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East % of theNorthwest % of the Southwest % of Section 15, Township 25 North,
Range 2 West, W.M., in Jefferson County, Washington;
Except that portion thereof, lying within a strip of land conveyed to the State of
Washington, for State Road No. 9, Duckabush River-North Section , by deed dated
August 28,1933, and recorded under Auditor's File No. 70817, records ofJefferson
County, Washington.
Situate in the County of Jefferson, State of Washington.
I
Parcel C APN 502153023
Those portions of Sections 15 and22, both in Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest lc of the Southeast % and Government Lot 7 of said Section I 5, and
Govemment Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest t/q of the Southeast Yr, andEast of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Govemment Lot T,lying
Southerly ofthe North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
situate in front of, adjacent to and abutting upon the West % in width of said
Govemment Lot 2, in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest % of the Southeast % of Section I 5, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor's File No. 223427 , records of said County;
Except that portion described as follows:
That portion of the Northwest % of the Southeast % of Section 15, Township 25 North,
Range 2 West, W.M., described as follows:
Beginning at a point of intersection of the East line of the Northwest % of the Southeast
% and the Southerly margin of the Black Point Road;
thence South along the said East line, a distance of 300 feet;
thence West 350 feet;
thence North to the point of intersection with the Southerly margin of the Black Point
Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington.
Parcel E APN 502152005
That portion of the Southwest % of the Northwest % of Section I 5, Township 25 North,
Range 2 West, W.M., described as follows:
2
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway l0l;
Except the right ofway for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor's File Nos. 223427 and 410399, records ofJefferson County,
Washington.
Also Excepting Therefrom the following tract:
Beginning at the Southwest corner of Government 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 17 feet,
thence South 88'23' 07" East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest % of the Northwest %,
100 feet West of said high tide line;
thence North 88'23' 07" West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502f52014
Lot I of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section I 5, Township
25 Noth, 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,
pages221 to223 and amended in Volume 3 ofShort Plats, pages 8 to 10, records of
Jefferson County, Washington,
Except that portion oflot I described as follows:
That portion of Govemment 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 Yt comer of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88" l3' 42" Ear,t along the North line of said Section I 5 for a distance of
364.50 feet to the point of beginning;
thence continuing South 88o l3' 42" East 238.76 feet to the line of mean high tide;
thence South 61" 12' 00" West along the line of mean high tide 34.78 feet;
thence North 40" 4l' 54" West along the line of mean high tide 3.31 feet;
thence South 62" 36' 19" West along the line of mean high tide 26.83 feet;
thence South 87" 54' 36" West 166.65 feet;
thence North 21" 2l' 05" West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in
front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front oe adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions ofthe Southwest % ofthe Southeast % ofSection 15, and Government
Lot 2 of SectionZ2,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest % of the Southeast %, as measured along the
North line thereof;
4
Together with that portion of said Govemment Lot 2 lying East of the Southerly
prolongation of the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Those portions of the Southwest % of the Southeast % of Section 15, and Govemment
Lot 2 of 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 Y+ of the Southeast %, as
measured along the North line thereof.
Together with that portion of said Govemment Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation ofthe East line ofsaid East 345.00 feet.
Situate in the County of Jefferson, State of WashinSon.
Parcel M APN 502153022
Those portions of the Southwest % of the Southeast % of Section I 5, and Govemment
Lot 2 of Section22,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest % of the Southeast %, as
measured along the North line thereof.
Together with that portion of said Govemment Lot 2 lying East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation ofthe East line ofsaid East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
W
I €t 4 ef Wete*ou€h Stp* Pt*
l,ter*t; nange 2 Wesq W,
5
PLEASANT HARBOR MASTER PLANNED RESORT
Title 17
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)
Chapter 17.60. General Provisions
17.60.010 Authoritv.
This rirle is adonted nrrsuanf to Chanters 16 70 and 15 70A RCW and Title I fl JCC
17.60.020 Title.
The regulations set forth in this title shall be known as the "Pleasant Harbor Master
Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these
rezulations ma), be made usins the applicable JCC section number.
17.60.030 Purpose and intent.
The pumose and intent of the Pleasant Harbor MPR code is to set forth develooment
regulations that comply with and are consistent with the Jefferson Countv 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 regulations presented in
this Article in accordance with the terms and conditions of the Development Agreement entered
into between Jefferson County and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Aoplicabilitv.
The provisions ofthis title shall apoly to all land. all associated water areas and all uses
and structures within the boundar.v of the Pleasant Harbor Master Planned Resort as depicted on
the official land use map for Jefferson County. Washington.
17.60 060 Exemotions.
The followine structures and uses shall be exempt from the regulations of this title. but
are subject to all other aoplicable local. state and federal regulations includine. but not limited to,
the countv building ordinance. interim critical areas ordinance. the shoreline management master
proeram. and the State Environmental Policv Act (SEPA).
-l-
( I ) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for
the distribution to consumers of telephone or other communications. electricitv. gas. or water or
the collection of sewaee. or surface or subsurface water operated or maintained by a
governmental entity or a public or private utility or other countv franchised utilities including
customar.v meter pedestals, telephone pedestals. distribution transformers and temporary utilitv
facilities required durine building construction. whether any such facility is located under8round.
or above-groundl but onlv when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-eround electrical substations. sewage oump
stations or treatment plants. or potable water storase tanks or facilities. which shall require
conditional use aoproval in any zone where permitted:
(2) Underground utilitv equipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters. or similar structure or device which is found by the director of community
development to be appropriately located in the public interest:
(3) Minor conshuction activities. as defined by the IBC. Section 106.2 and structures exempt
under Chapter 15.05 JCC. as amended:(4) Stormwater detention facilities associated with and accessory to new development are
permitted in all zones. Any above-sround detention facilitv or pond shall be screened from the
public risht-of-wa), or appropriately landscaped to ensure compatibility with the surroundine
area.
(5) Development consistent with a Binding Site Plan approved by the Count.v- prior to
adoption ol this chapter.
17.60.110 Nonee+fe+minr-Preexisting uses and structures.
Existine leeal residential and non residential land uses and structures in all zones ofthe
Master Planned Resort are lawful uses and may be continued in a manner consistent with state
law. Titles 15 and 18 ofthe Jefferson County Code and an], other applicable reeulations or
Ordinances.
17.60.120 Provisions bindine on the land.
The provisions ofthis section shall apply to any subsequent owners. lessees. tenants or
others with an interest in the oropeqv subiect to the master planned resort (or any portion or
parcel thereofl. including but not limited to successors in interest. holders of anv recorded
interest recorded subsequent to the MPR approval. communitv associations. facilitv providers
and special service dishicts operating within the MPR area.
Chapter 17.65. Golf Resort (MPR-GR)
17.65.010 Purpose.
The MPR-GR zone orovides residential and recreational facilities. as well as commercial
amenities and services associated with the resort and surrounding community. It provides the
central resort and conference facilities.
17.65.020 Permitted Uses.(l) Residential uses including sinele-family and multifamilv structures. condominiums.
townhouses. apartments. lofts. villas. time-share and fractionallv owned accommodations of all
kinds.
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(2) Short-term visitor accommodations. ofconstituting not less than 650Z of the total
residential units authorized by Ordinance #0 1 -0 1 28-08. includine. but not limited to hotels.
motels. lodges. and any residential uses allowed under subsection I of this section that is made
available for short-term rental.(3) Visitor oriented amenities. includine. but not limited to (a) conference and meetine
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 of users and emolo),ees of master olanned resort: and
(d) recreation business and facilities:(4) Cultural and educational facilities ofall kinds including. but not limited to. art galleries.
and indoor or outdoor theaters:(5) Indoor and outdoor resort-related recreational facilities. includins but not limited to eolf
courses (including accessory structures and facilities. such as clubhouses. practice facilities. and
maintenance facilities). tennis courts. swimmine pools. spa services. hikine trails. bicycle paths.
rooes courses. amphitheater. and other recreational uses consistent with the nature ofmaster
planned resort:(6) Waste water treatment facilities. includine treatment plants. capture. storaee and
transmission facilities to serve a reuse/recycle prosram for on-site treatment and use/reuse of
waste water and stormwaten(7) Public water supply and related facilities:(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supporting the resort:(10) Emergency services (fire. police. EMS):
(l l) Medical services: and
(12*) Other similar uses consistent with the pumose of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Heisht restrictions.
No buildings within the MPR-GR zone shall be erected. enlareed or structurall), modified
to exceed 7*80 feet in height as measured by IBC standards. Undereround or imbedded parkine
shall not be included in any height calculations.
17.65.040 Bulk and densitv requirements.
There are no yard or setback provisions internal to the MPR-GR zone. All structures
shall be set back at least 20 feet from Master Planned Resort boundarv lines and adjacent MPR
zones. Minimum buildine setback from State Route l0l is 50 feet.
Chapter 17.70. Open Space Reserve (MPR-OSR )
17.70.010 Purpose.
The purpose of the MPR-OSR zone is to provide a natural buffer between the resort
activities and the waters of Hood Canal. The MPR-OSR zones shall$ei+r+raets-and.€n+he
M extend landward200 feet from OMHW of Hood Canal as measured
under the Shoreline Manaeement Act (Chaoter 90.58 RCW) or 25 feet from the top of the bank
as measured under Chapter 18.22 JCC. whichever is ereater.
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17.70.020 Permitted uses.
The followine uses are oermitted in the MPR-OSR zone:
(l) Restoration of existing develooment intrusions (roads. campsites) to theit natural pre-
develoDment state: and(2) Passive recreation that does not reduce the forest canopv. increase stormwater discharse
or blufferosion.(3) Those uses consistent with the Shoreline Master Program JCC 18.25
Chapter 17.75. Marina Villase (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina portion of the resort and sunounding communi8. and provides the central support to the
marina operations.
17.75.020 Permitteduses.
The following uses are permitted in the MPR-MV:(l) Marina and overwater shuctures as approved through the Jefferson County Shoreline
Master Proeram and associated regulations Chapter 18.25 JCC:(2) Residential uses including single-family and multifamily structures. condominiums. time-
share and fractionally owned accommodations of all kindsl
(3) Marina Village related upland mixed use. commercial and service facilities. including
ooen oarkins lots. restaurants and shops. as well as marine service facilities. maxina office. yacht
club and recreation facilities servins the resort and the Marina:(4) Accessorv uses and shuctures. such as garages. carports. storage buildings and similar
structures supporting marina and maritime village uses. fuel service and parking:
(5) Indoor and outdoor resort-related recreational facilities. including but not limited to
tennis courts. swimming pools. marinas. hiking trails. bicycle paths. ropes courses. game center
and other recreational uses consistent with the nature ofmaster planned resort.:(6) Utilities supportine the resort:(7) Infrashucture and buildines. both above and below ground. for the utilities:(8) Emereency services (fire. police. EMS):(9) Public facilities. and services servine the MPR-MV zone:
(10) Medical services: and(10) Other similar uses consistent with the pumose of the this zone and MPR as determined bv
the Deoartment of Communitv Development..
17.75.030 Heishtrestrictions.
No buildines within the MPR-MV zone shall be erected. enlarsed or structurally
modified to exceed 35 feet in heieht as measured b), IBC standards. Under$ound or imbedded
oarking shall not be included in any height calculations.
17.75.040 Bulk and densitv requirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comoly with the setback requirements of the
County's Shoreline Master Program as codified at Ch. 18.27 JCC
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Chapter 17.80. Pleasant Harbor Resort Development
17.80.010 Resortdevelopment.
This section describes the "Resort Plan" for facilities to be located in the resort MPR. sets
out a required environmental review orocess for any fufure resort development. and provides
Erocesses for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of 890 residential units
plovided however. short term visitor accommodation units shall constitute not less than than 65
oercent of the total units. The Pleasant Harbor MPR in total shall have a development cao of
790.000 square feet of resort commercial. retail. restaurant and conference space. not includine
lobbies and internal open space.
17.80.030 Resort Plan
The Resort Plan for future development of prooerties in the Pleasant Harbor MPR means
the regulations. requirements. densities and uses established in the Develooment Asreement
between the Countv and Pleasant Harbor Marina and Golf Resort. LLP dated I and approved by
Ordinance No, I and as reviewed includes up to 890 residential units. approximatel], 70.000
sguare feet ofcommercial space. as well as infrastrucfure necessary to service the develooment.
17.80.040 Permit process for resort develonment.(l) A project-level supplemental environmental impact statement (SEIS) anal),zine
develooment under the Resort Plan is required prior to issuance ofbuilding permits for any new
resort development. The aoolicant may 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 of JCC Title I 8.(3) Actual buildins permit plans or construction drawinss are not required durine the SEIS
process. Architectural drawings including a detailed site plan. and architectural sketches or
drawinqs showing approximate elevations. sections. and floor plans are required. however, to
ensure that the SEIS considers project-level details.(4) The department of community development may impose mitigating conditions or issue a
denial ofsome or all ofthe Resort Plan based on the environmental review and using authoritv
provided pursuant to the State Environmental Policy Act. Chapter 43.2IC RCW. A-repert
ien+
rticle X of Chapter 18.40 JCC
shall be applicable to the permit process for resort Eeveloomend=Commented [DWJl]: Per David Alvarez.
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(5) Followine completion of the SEIS building permits may be issued. following appropriate
olan review. for projects anal),zed in the SEIS.(6) Actual resort development may be undertaken in phases. but only followins comoletion
ofreview and approval ofa full resort buildout plan tkough the SEIS process. A phasing
schedule mav be oroposed as part ofthe environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.(l) All project level applications will be eiven an automatic SEPA threshold Determination
of Sigrrificance except where the SEPA-resoonsible official determines that the application
results in only minor construction. A EIS or SEIS is not required if existine 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 Proerammatic FEIS issued November 2007. toeether with such additional
requirements as a proiect specific application may raise. The scooe shall not change the
standards ofapproval. however. as set forth in the development a8reement and these
develooment rezulations.(3) The utiliU element ofanv subsequent phase environmental review pertaining to the
Pleasant Harbor MPR shall review information on all affected utility systems, including sewer
and water svstems and the results of reouired monitoring. The effectiveness of such monitoring
shall be evaluated. Supplements or changes to the monitorine and reportins systems shall be
considered if necessary to ensure that water quality and water suoply are adequately protected
and impacts to natural resources minimized.(4) Any preliminary scope for future development within the Pleasant Harbor MPR is based
on the described Resort Plan. Other elements- issues. and soecific levels of detail may be
included based on information available at the time the Resort Plan development application is
submitted. Elements noted above may be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially significant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.(l) Anl/ oroposed enlarsement to the Pleasant Harbor MPR boundarv or zone changes within
the MPR shall require a Comprehensive Plan amendment and related zonins action. Such
changes are outside the scope ofthe revision processes described below and in JCC 17.80.070
and 17.80.080. The Counf may approve an amendment to the Comprehensive Plan only if all
requirements of the Growth Management Act (Chapter 36.70A RCW) are fulfilled.(2) The CounU shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the coun8 for
approval prior to the acceptance of any proposal that is inconsistent with the Resort Plans set
forth in this title. Uoon 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. Uoon making a determination. the prooosed revision shall follow the appropriate
process for plan revisions as outlined in JCC 17.80 060 and 17.80.070.
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17.80.070 Minorrevisions.(l) Minor Revisions. The county recoenizes that the Resort Plan may require minor changes
to facilities and services in response to chansine conditions or market demand and that some
deeree of flexibilitv for the resort is needed. Minor revisions are those that do not result in a
substantial change to the intent or purpose ofthe Resort Plan in effect. A change that satisfies
the an*,*hieh following criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve no more than aten (10) percent increase in the overall eross square
footase ofthe Resort Plan:(b) Will not have a siqnificantly 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 modift the recreational nature and intent of
the resort.
A chanee to the Resort Plan may still qualify as a minor revision under this section despite its
failure to satist 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 deoartment of community develooment to determine if the
revisions are consistent with the existins Resort Plan and Resort Plan SEIS. the Jefferson Countv
Comprehensive Plan and other oertinent documents. Those proposals that satis0 the above-
referenced criteria shall be deemed a minor plan revision and may be administratively approved
(as a Tvpe II decision under the land use procedures ofJCC 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 18. Unified Development Code.
Those revisions that do not comply with the provisions contained within this section shall be
deemed a major revision. subject to the orovisions 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 intensitv of use. or in the size. scale. or densit-y of
development: or changes which may have a substantial impact on the environment beyond those
reviewed in previous environmental documents. are considered to be maior revisions and will
require application for a revised Resort Plan.
(l) Application for a Major Revision to the Resort Plan. An application shall be preoared
describine the proposed revision in relation to the approved Resort Plan and orovidine a
framework for review. analysis and mitigation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:(a) A description of how the revised Resort Plan would further the eoals and policies
set forth in the Comorehensive Plan:(b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR:(c) A descriotion ofthe desier and functional features ofthe Resort Plan revision.
setting out how the revision provides for unified development. integrated site design and
orotection of natural amenities:
Formattear: Indent: Left: 0"
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(d) A listing ofproposed additional uses and/or oroposed chanees to density and
intensity of uses within the resort. and a discussion of how these chanses meet the needs
of residents of the Pleasant Harbor MPR and patrons of the resort:
(e) A description and analysis of the environmental impacts associated with the
prooosed revision. includins an analysis ofthe cumulative impacts ofboth the proposed
revision and the approved Resort Plan. and their effects on sunounding properties and/or
public facilities:(f) A description ofhow the proposed Resort Plan revision is inteerated with the
overall Pleasant Harbor MPR and any features. such as connections to hail svstems.
natural systems or greenbelts. that have been established to retain and enhance the
character of the resort and the overall MPR:(e) A description ofthe intended ohasine ofdevelopment projects:
(h) Maps. drawings. illushations. or other materials necessary to assist in
understanding and visualizing the desier and use ofthe completed prooosed
development. its facilities and services. and the protection of critical areas:(i) A calculation of estimated new demands on capital facilities and services and
their relationshio to the existing resort and MPR demands. including but not limited to
transportation. water. sewer and stormwater facilities: and a demonshation that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.(2) Major Revision Process. Maior revisions shall be processed as a hearine examiner
decision (Type III). with a required public hearing prior to the decision. Public notice ofthe
application. the written decision. and appeal opportunities shall be provided to all persons on the
Pleasant Harbor MPR roster (see JCC I 7.60.070) and such other persons or asencies as required
by the land use procedures of JCC Title 18. Unified Development Code. Any proposed major
revision involving a change to the boundaries of the MPR zone shall require a Comprehensive
Plan amendment (a T),pe V countv commissioners decision) prior to any decision on the Resort
Plan amendment.(3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan
only if all the followine criteria are met:
(a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan:(b) No unmitigated orobable simificant adverse environmental imoacts would be
created by the proposed revision:(c) The revision is consistent with all applicable development rezulations. including
those established for critical areas:(d) On-site and off-site infrastructure (including but not limited to water, sewer.
storm water and transportation facilities) impacts have been fully considered and
mitigated:
(e) The proposed revision complements the existing resort facilities. meets the needs
ofresidents and patrons. and provides for unified development. inteqrated site desiqn.
and protection of natural amenities.
-8-
Title l8
UNIFIED DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
f8.15.025 Master planned resort.
Per RCW 36.704.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
properry 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 nafure ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The lfslt€nly 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 marina, resort and convention center. The master planned resort ofPort
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's 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, covenmts and restrictions.
(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second offrcially designated master planned resort in the Countv. 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 eolf course resort
facilitv south of Black Point Road and a marina./Maritime Villaee and associated housing north
ofBlack Point Road. The resort is oredominately designed to serve resort and recreation uses and
has onlv limited full-time occupancy. The resort is served by the Brinnon Rural Center. which
accommodates LAMIRD-scale commercial uses serving the resort and local population. The
master planned resort's intemal regulations and planning restrictions such as codes. covenants
and restrictions mav be more restrictive than the requirements in JCC Title 17. However.
Jefferson Countv does not enforce private codes. covenants and restrictions.
18.15.ff5 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The enly-exis+in€ officially designated master planned resorts in the county elgis the Port
Ludlow MPRand the lleasant Harbor MPR, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Pleasant Harbor MPR is adopted oursuant 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.
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18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate, vegetation, water,
natural resources, scenic qualities, cultural, and geological features, which are desirable for a
wide range ofrecreational users to enjoy. New master planned resorts authorized by RCW
36.704.360 offer an opportunity to util2e 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.f 5.123 Allowable uses.
The following uses may be allowed within a master plarured 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 of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent ofthe total resort
accommodation units.
3) Indoor and outdoor recreational facilities and uses, including, but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent
with the on-site recreational nature of the master planned resort.
(4) Campgrounds and recreational vehicle (RV) sites.(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
(b) Meetingfacilities;
(c) On-site retail businesses and services which are designed to serve the
needs ofthe users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, 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 strucfures 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 36.704.360.
18.15.126 Requirements for master planned resorts.
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An applicant for an MPR project must meet the following requirements:
(l) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part 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 ofthe MPR and a discussion ofhow these uses and their distribution meet the needs
ofthe resod 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.
(0 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 demonshation that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(D A description ofthe intended phasing ofdevelopment ofthe project ifany. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity 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
Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and
RCW 36.708.170, the development agreements shall be prepared by the applicant and must set
forth the development standaxds applicable to the development of a specific master planned
resort, which may include, but are not limited to:
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(a) Permitted uses, densities and intensities ofuses, and building sizes;
(b) Phasing ofdevelopment, ifrequested by the applicant;
(c) Procedures for review ofsite-specific development plans;
(d) Provisions for required open space, public access to shorelines (ifapplicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retaiUcommercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act
Chapter 43.21C RCW, and other development conditionsl and
(0 Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resortlandusedesigaation,pursuanttotherequirementsofJCC 18.45.040;provided,thatthe
subarea planning process authorized under Article VII of Chapter I 8. I 5 JCC (Subarea Plans) and
JCC 18.45.030 may be used ifdeemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
(4) Planned Actions. Ifdeemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-ll-164 and 197-l l-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.704.110.
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 ofthe master plan shall be prepared to meet the requirements ofJCC
r8.rs.r26(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 $ l]
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 county commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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f8.15.f35 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) If an 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 fiansportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to serve the
MPR.
(6) Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation ofnatural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
(9) The master plan establishes location-specific standards to retain and enhance the
character of the resort.
(10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 $ l]
18.15.138 Per+Ludla* Master Planned Resort.
The Pe*l,udlorv 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.
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