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HomeMy WebLinkAbout117Ordinance 01-0128-08 Conditions (with comments from FSEIS, December 2015) a. Any analysis of environmental impacts is to be based on science and data pertinent to the Brinnon site. This includes rainfall projections, runoff projections, and potential impacts on hood Canal. Measures intended for compliance completed b. All applications will be given an automatic SEPA threshold determination of Determination of Significance (DS) at the project level except where the SEPA-responsible official determines that the application results in only minor construction. Measures intended for compliance completed c. The project developer will be required to negotiate memoranda of understanding (MOU) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency medical Services (EMS), housing police, public health, parks and recreation and transit prior to approval of the development agreement. Such agreements will be encouraged specifically between the developer and the Pleasant Tides Yacht Club, and with the slip owner’s Association regarding marina use, costs, dock access, loading and unloading, and parking. Measures intended for compliance partially fulfilled. MOU’s have been negotiated with Brinnon School District #46, Jefferson County Fire Protection District #4, Jefferson County Sheriff’s Office, Jefferson Transit, Jefferson Healthcare and Jefferson County (housing). The following MOU’s are in draft form and/or have yet to be signed by the agency/district: Fire District Sheriff’s Office Jefferson Transit, and Housing (County). The MOU with Jefferson Healthcare and Brinnon School District have been signed by the appropriate agencies. d. A list of required amenities shall be in the development agreement along with conditions for public access. Intended to be addressed in the Development Agreement. List of amenities is summarized in Chapter 2 of SEIS. e. Statesman shall advertise and give written notice at libraries and post offices in East Jefferson County and recruit locally to fill opportunities for contracting and employment, and will prefer local applicants provided they are qualified, available, and competitive in terms of pricing. Intended to be addressed in the Development Agreement f. Statesman will prioritize the sourcing of construction materials from within Jefferson County. Intended to be addressed in the Development Agreement g. The developer shall commission a study of the number of jobs expected to be created as a direct or indirect result of the MPR that earn 80% or less of the Brinnon area average median income (AMI). The developer shall provide affordable housing (e.g., no more than 30% of household income) for the Brinnon MPR workers roughly proportional to the number of jobs created that earn 80 % or less of the Brinnon area AMI. The developer may satisfy this condition through dedication of land, payment of in lieu fee, or onsite housing development. Measures intended to comply with conditions partially completed. The availability of affordable employee housing for positions earning less than 0% of the AMI shall be addressed in the Housing MOU. Of the 890 housing units proposed, 52 units would be staff housing for resort employees. Appendix N of SEIS h. The possible ecological impact of the development’s water plan that alters kettles for use as water storage must be examined, and possible one kettle preserved. Measures intended for compliance completed. The SEIS identifies the retention and enhancement of the wetland contained within Kettle C. See Section 3.2 of FSEIS. i. Any study done at the project level pursuant to SEPA (RCW 43.21C) shall include a distinct report by a mutually chosen environmental scientist on the impacts to the hydrogeology of the MPR location of the developer’s intention to use one of the existing kettles for water storage. Said report shall be peer-reviewed by a second scientist mutually chosen by the developer and the county. The developer will bear the financial cost of these reports. Measures intended for compliance completed j. Tribes should be consulted regarding cultural resources, and possibly one kettle preserved as a cultural resource. Measures intended for compliance completed. 6 Tribes consulted; see Appendix O of SEIS for copies of email correspondence. k. As a condition of development approval, prior to the issuance of any shoreline permit or approval of any preliminary plat, there shall be executed or recorded with the County Auditor a document reflecting the developer’s written understanding with and among the following: Jefferson County, local tribes, and the Department of Archaeology and Historical preservation that includes a cultural resources management plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits; and during construction to maintain site integrity, provided procedures regarding future ground- disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. Measures intended for compliance partially completed: the monitoring plan along with the letters of concurrence, shall be executed or recorded with the County Auditor prior to approval of the Development Agreement. Monitoring results reviewed with DAHP and Tribal representatives prior to adjusting the monitoring schedule. See Appendix O of SEIS l. A wildlife management plan focused on non-lethal strategies shall be developed in the public interest in consultation with the Department of Fish and Wildlife and local tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub-Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S. Highway 101, to reduce the conflicts resulting from wildlife foraging on high-value landscaping and attraction to fresh water sources, to reduce the dangers to predators attracted to the area by prey or habitat, and to reduce any danger to humans. Measures intended for compliance completed. See Appendix H and Section 3.4 of SEIS. m. No deforestation or grading will be permitted prior to establishing adequate water rights and an adequate water supply. Measures intended for compliance completed. DOE issued a water right permit (G2-30436). An adequate water supply has been determined to be available. n. Approval of a Class A Water System by the Washington Department of Health, and approval of a Water Rights Certificate by the Department of Ecology shall be required prior to applying for any Jefferson County permits for plats or any new development. Measures intended for compliance completed. Water rights permit G2-30436 granted for (3) wells on the Pleasant Harbor site – (1) year round domestic & commercial, (2) summer irrigation – total of 300 gallons per minute. See Section 3.16 of SEIS. o. Detailed review is needed at the project-level SEPA analysis to ensure that water quantity and water quality issues are addressed. The estimated potable water use is based on a daily residential demand used to establish the Equivalent Residential Units (ERU) for the development using a standard of 175 gallons per day (gpd). The goal of the development is 70 gpd. All calculations for water use at any stage shall be based on the standard of 175 gpd. Measures intended for compliance completed. Water quantity issues addressed in SEIS Section 3.16 and 3.2. Water rights approval based on 175 gallons per day per equivalent residential unit. See page 8 of DOE report or reference in Appendix F of SEIS. p. A Neighborhood Water Policy (NWP) shall be established that requires Statesman to provide access to the water system by any neighboring parcels if saltwater intrusion becomes an issue for neighboring wells on Black Point, and reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding. The NWP intended to be finalized prior to approval of the development agreement. (A neighborhood water policy was drafted and reviewed on January 2011, but is not yet finalized; see Appendix F of SEIS. q. Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessary to achieve the goal of designing and installing stormwater management infrastructures and techniques that allow no stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils present at the MPR location. Sols must be proven to be conducive to the intended infiltration either in their natural condition or after amendment. Marina discharge shall be treated by a system that reduces contamination to the greatest possible extent. Measures intended for compliance completed. No stormwater from the golf course fairways would be discharge to Hood Canal. See Section 3.2 and Appendix E of SEIS. r. A County-based comprehensive water quality monitoring plan specific to Pleasant Harbor requiring at least monthly water collection and testing will be developed and approved in concert with an adaptive management program prior to any site-specific action, utilizing best available science and appropriate state agencies. The monitoring plan shall be funded by a yearly reserve, paid for by Statesman, that will include regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition to any onsite monitoring regime. Intended to be addressed through the Development Agreement process: the draft plan requires finalization and approval prior to the Development Agreement. A draft water quality monitoring plan was completed by the applicant and reviewed by the County water quality department in June 2011. See Appendix F of SEIS. s. The developer must ensure that natural greenbelts will be maintained on U.S. Highway 101 and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature tees between U.S Highway 101 and the Maritime Village, wetlands, and wetland buffers. Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at its expense, shall manage these easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Highway 101. Intended to be addressed through the Development Agreement process: These easements shall be finalized and recorded prior to the approval of the Development Agreement. The proposal includes preserving a riparian buffer along the south/southwest bluff of the peninsula. This buffer would permanently preserve the 200-ft wide Shoreline Environment and a steep slope setback (up to an additional 30 feet wide in places) in a conservation easement. Note that the redevelopment for maintenance, repair and renovation in the Marina Center (marina upland) area is now limited to occur within existing building foot prints, under a separate existing Binding Site Plan permit. The Maritime Village building is now proposed to be located north of the Black Point road and U.S. Highway 101 intersection. t. The marina operations shall conduct ongoing monitoring and maintain an inventory regarding Tunicates and other invasive species, and shall be required to participate with the County and state agencies in an adaptive management program to eliminate, minimize, and fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. Intended to be addressed through the Development Agreement: This agreement shall be finalized prior to final BoCC approval of the Development Agreement. An invasive Tunicate Monitoring Agreement between the applicant and the Department of Fish and Wildlife was drafted in October 2010. See Appendix I and Section 3.5 of SEIS. u. In keeping with the MPR designation as located in a setting of natural amenities, and in order to satisfy the requirements of the Shoreline Master Program (JCC 18.15.135(1),(2),(6), the greenbelts of the shoreline should be retained and maintained as they currently exist in order to provide for the “the screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, historic sites, and public views.” In keeping with the Comprehensive Plan Land use Policy 24.9, the site plan for the MPR shall “be designed to blend with the natural setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas.” Evergreen trees and understory should remain as undisturbed as possible. Statesman shall infill plants where appropriate with indigenous trees and shrubs. Measures intended for compliance completed. The proposal includes preserving a riparian buffer along the south/southwest bluff of the peninsula. This buffer would permanently preserve the 200-ft wide Shoreline Environment and a steep slope setback (up to an additional 30 feet wide in places) in a conservation easement. The proposal includes landscaping throughout the site, including reuse of healthy trees and shrubs. See Section 3.3 of SEIS. v. In keeping with the approved landscaping and grading plan, and in order to satisfy the intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the buildings should be constructed and place in such a way that they will blend into the terrain and landscape with park-like greenbelts between the buildings. Measures intended for compliance. In order to blend into the terrain, the largest structure within the Maritime Village area (Maritime Village Building, no longer located at the marina but near Black Point Road) would be built into the existing topography, with two stories visible from Hwy 101 to the west and three stories visible internal to the site. Areas of disturbance would include transplanted healthy vegetation from the site, as well as native and low water consumption plants. The landscape plan for the single Marina Village Building will provide native vegetation plantings islands in the parking area and along the Hwy 101 and Black Point Road rights-of-ways, while providing adequate visual access from the highway as needed for the retail/commercial structure. The building will be placed near the rear property line and adjacent to the stream buffer to take advantage of the sloped area of the site. The stream buffer vegetation will be enhanced after removing invasive plant species. Building architecture will share similar features to those at the marina and within the golf resort. w. Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of 10 inches or greater at breast height (dbh). An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e., 10 inches or more in diameter at breast height (dbh) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects. Intended to be addressed through development approval process: Individual trees will be inventoried to account for size and health prior to construction for viability of transplanting per the arborist repot and tree protection plan. An individual tree survey has not been completed for health and size, but during construction viable trees within proposed development areas that can be transplanted would be relocated on a temporary basis to an on-site nursery located in the western edge of the development. These trees would be irrigated and cultivated until replanting is possible within designated areas of the development. See Section 3.3 of SEIS. x. Statesman shall use the LEED (Leadership in Energy and Environmental Design) and “Green Built” green building rating system standards. These standards applicable to commercial and residential dwellings respectively, “promote design and construction practices that increase profitability while reducing the negative environmental impacts of buildings, and improving occupant health and well-being.” Measures intended for compliance completed. The Narrative Demonstrating Compliance with the Intent of the LEED standards is provided in Section 3.8 and Appendix K of the SEIS. y. There shall be included as a best management practice for the operation and maintenance of a golf course within the MPR that requires the developer to maintain a log of fertilizers, pesticides, and herbicides used on the MPR site, and this information will be made available to the public. Measures intended for compliance completed. The development agreement will address the maintenance of the golf course chemical application log. The golf course development best management practices (SEIS Appendix F) are intended to comply with JCC 18.20, Part 190 Performance and Use-Specific Standards for golf courses. z. Statesman shall use the International Dark Sky Association (IDA) Zone E-1 standards for the MPR. These standards are recommended for “areas with intrinsically dark landscapes” such as national parks, areas of outstanding natural beauty, or residential areas where inhabitants have expressed a desire that all light trespass be limited. Measures intended for compliance completed. General guidelines that would be followed to minimize potential light and glare impacts include the following:  Illumination would be to the minimum practical level.  The affected area of illumination would be as confined to specific areas as practical.  The duration of illumination would be as short as practical for Resident Safety.  Illumination technology would minimize the amount of blue spectrum in the light.  Technology would utilize High Efficiency Lighting Standards (Energy Star Guidelines). See Section 3.14 of SEIS. aa. In fostering the economy of South Jefferson County by promoting tourism, the housing units at the Maritime Village should be limited to rentals and time-shares; or, at the very least, it should be mandated that each section be required to keep a ratio of 65% to 35% of rental and time-shares to permanent residences per JCC 18.15.123(2). Measures intended for compliance completed. Alternatives 1, 2, and 3 include 890 units, including 52 units for staff housing. To meet the BoCC conditions of approval of the MPR, the majority of this housing (67%) would be for short-term visitors and 33% would be for permanent residents. See Section 3.11 of SEIS. bb. Verification of the ability to provide adequate electrical power shall be obtained from the Mason County Public Utility District. The applicant in conjunction with Mason County PUD will complete the report on the capacity of infrastructure to serve the energy demands of the project prior to approval of the Development Agreement. See Section 3.8 of SEIS. cc. Statesman Corporation shall collaborate with the Climate action Committee (CAC) to calculate greenhouse gas emissions (GHGs) associated with the MPR, and identify techniques to mitigate such emissions through sequestration and/or other acceptable methods. Measures intended for compliance completed. Numerous potential mitigation measures are identified and detailed in Section 3.10 and Appendix M of SEIS. dd. Statesman Corporation is encouraged to work with community apprentice groups to identify and advertise job opportunities and local students. At the discretion of the Developer. Related to condition (e).