HomeMy WebLinkAbout145From:
Sent:
To:
Cc:
Subject:
Attachments:
David W. Johnson <djohnson@cojefferson,wa.us>
Wednesday, December 30, 2015 1:38 PM
Planning Commission Desk; Cynthia Koan;Gary Felder; Kevin Coker; Lorna Smith; Mark
Jochems; Matt Sircely; Richard Hull; Tom Brotherton;Tom Giske
Haylie Clement; David W. Johnson
Planning Commission materials for January 6,20L6 meeting in Brinnon
Final Draft Staff Report Phase II.pdf; Exhibits A, C - G.pdf; Exhibit B.pdf; Structure of
Pleasant Harbor FSEIS.docx; UDC Amendment Process.docx; PC Agenda 01-06-2016.pdf
Pla nning Commissioners,
lwantedtoprimeyouforourveryimportant(andfunl) meetinginBrinnon. Pleasefindtheattacheddocumentsfor
your review prior to our meeting at the Brinnon School Gym on January 6,2076 at 6:30 pm:
1. Meeting Agenda
2. Staff Report on the Pleasant Harbor Master Planned Resort Phase ll - with Exhibits
3. FSEIS review summary - what you need to know about the FSEIS (project-level environmental impact
statement)
4. UDC Amendment Process - the role of the Planning Commission in amending the UDC (development
regulations)
lf vou can't get through all this material before the meetine, don't worrv about it. The meeting is to hear presentations
from the Applicant and Staff and to hear testimony from the public on the project. You will have time to digest and
review the material after the meeting and before the next meeting, where you will deliberate with Staff and formulate a
recommendation to the Board of Commissioners on the Development Regulations (Zoning)only (exhibit E of the staff
report).
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465
Mission: To preserve and enhance the quality of lfe in Jefferson County by promoting a vibrant economy,
sound communities ond a healthy environment.
5fi SAVE PAPER - Pleose do not print this e-moil unless obsolutely necessory
All e-mail may be considered subjed to the Public Records Ad and as such may be disclosed to a third-party requestor.
1
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JEFFERSON GOUNTY
DEPARTiiENT OF COIIiiIUNITY DEVELOPiIENT
621 Sheddan Steet I M Townsend, WA 98368 | Wd: nwrv.oje&Ercn.wa.udcommunihdevdoomenl
Tel: 360.379,4450 | Fax 360.379,4451 | Email: dcd@co.ieftcon,wa.us
BuiHttE &rnh & lnspecfions l}ewlopmeil ConaistancyReuiewlLong Range Planning I &uare OrB Resrruw hnter
STAFF REPORT
TO
JEFFERSON COI'NTY PLANNING COMMISSION
AND
BOARD OT' COTINTY COMMISSIONERS
RB
File No:
Applicants:
Master Planned Resort
Development Regulations
Development Agreement
ZON0&00056; MLA0t-00188
Pleasant Harbor Marina and
Golf Resort,LLC
FINDINGS OF FACT,
CoNCLUSIONS, AltD
RECOMMENDATIONS
)
)
)
)
)
)
SUMMARY-OF APPI,ICATION AND R.ECOMMENDATION :
Application: 1ne proposed Pleasant Harbor Master Plarured Resort, a 256 acre,300 slip marina with
resort amenities including a nine (9) hole golf course, requires approval of proposed zoning and
development regulations (DR) under Jefferson County Code (JCC) Title 17 to implement approval of the
Site Specific Comprehensive Code Arnendment to redesignate fourteen (14) parcels from Rural
Residential to Master Plarmed Reso( zoning (MLA06-00087). The project also requires approval by the
Board of County Commissioners of a development agreernent @A) between the County and Developer
as to the terms and conditions under which the development shall take place. The proposal irrcludes
completion of a Supplemental Environmcnt Impact Staternent (SEIS) to ensure compliance with the State
Environmental Policy Act (SEPA) and review and recommendation by the Jefferson County Planning
Commission (PC), with final approval by the Board of County Commissioners (BoCC).
Recommendation: ApprovalwithConditions
Project Planner: David Wayne Johnson, Associate Planner
BACKGROUND II{FORMATION :
Property Owners: Pleasant Harbor Marina & Golf Resort, LLP
Attn: Garth Mann
7370 Sierra Morena Blvd SW
Calgary, AB T3H 4H9 Canada
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Pleasanl Harbor MPR Phase II
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Location: The project site is located on the east side of Highway 101 approximately one and a half (1.5)
miles south of the Brinnon Corrmunity, west and south of Pleasant Harbor and on the Black Point
Peninsula on the west side of Hood Canal.
Legal Description: Parcel numbers include: 502153002,003,023,020,027 &022; APN 502154002;
APN 502152005, 012, 013, 014, 015 & 016 (and 017 for DRs), in Sections 15 &,22, Township 25, Range
02 West, WM, located in Brinnon, WA 98320
History: The Brinnon Subarea Plan (BSAP) of 2002 identified the existing, yet idle NACO Campgrotmd
on Black point (BSAP page 45) as an ideal location for a Mastff Planned Resort (MPR). A pre-
application conference for an MPR on Black Point was requested by The Statesman Group of Calgary,
Alberta, Canada and held on January 10, 2006. On March l, 2006 The Statesrnan Group submitted to
Jefferson County a Comprehensive Plan Amendment to re-zone a portion of Black Point from Rural
Residential to MPR (MLA06-87).
Initial Environmental Impact Statement (EIS) scoping, conducted in May 2006, identified probable
significant adverse impacts. On October 2, 2006, The Statesman Group, formally requested that the
Environmental lmpact Staement be changed from a permitJevel, project EIS to a non-project, or
prograrnmatic EIS, necessitating the need for a Supplemental or project level EIS (SEIS) prior to
dwelopmant. On November 27, 2007, a progammatic Final EIS was issued in association with a
Comprehensive PIan Amendment request to redesignate the subject 256 acres from rural residential to
Master Planned Resort. The Jefferson County Board of Commissioners @oCC) approved the roquest on
January 28, 2008 witb Ordinance No. 0l-0128-08 (Exhibit A of this report), stipulating through
conditions that any zubsequent project level action would reguire a Supplernental EIS (SEIS).
In April of 2008, The Statesrnan Group applied for a Unified Development Code (UDC) Text
Amsndmsnt and Development Agreement (MLA08-00188) to implement the MPR. A public "Scoping
Meetingi'was held at the Brinnon School house on October 28th 2009, and on March 31, 2010, DCD
issued a Scoping Memo to Statesman defining the scope of the SEIS. DCD issued a revised Scoping
Memo on October l2,20ll to address applicant initiated changes to the alternatives of the project due to
tlre adoption on nerv Shoreline regulations. On July 3,2072, DCD informed the applicant that it would be
hiring a third party consultant to draft the SEIS. On February 11, 2013, DCD sigred a contract with EA
Blumen (now EA Engineering) to authorthe SEIS.
On November 19, 2014, Jefferson County issued a Draft SEIS (DSEIS) for public and agency review
with a 45 day comment period that ended on January 5, 2015. Redevelopment and renovation of the
Marina under an existing Binding Site plan began in May 201 0 and was completed in April 201 5. In July
2015, the applicant revised the resort plan to include a new preferred alternative #3, which reduced the
size of the golf course from 18 to 9 with a 3-hole practice course. This change necessitate re-review of
some of the envirorunental elements. A Final SEIS (FSEIS) was issued on December 9,2015.
Site Ilescription: The Pleasant Harbor site is located in south Jefferson County on the western shore of
Hood Canal, about 1.5 rniles south of the unincorporated comrnunity of Brinnon. More specifically, the
site is located on a 710-acre peninsula Inown as Black Point that is surrounded by the waters of Hood
Canal on the north, south and east, and is bordered by U.S. Hwy 101 to the west. Pleasant Harbor is an
all-weather deep-water harbor forrned by the west shore of Black Point and the mainland, and is
connected to llood Canal by a narrow channel at the harbor's north end. The project site consists of 13
parcels and is located on approxirnately 256-acres; 220-acres are located south of Black Point Road, 3G
acres are located north of Black Point Road.
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The marina area includes the area north of the Pleasant Harbor House and the existing Bed and Breakfast
(not owned by the applicant), and includes: a pool; Grocery and Food Service building; pool equipment
building; pool restroom building; lauodry; and boaters' shower; restroom building and docks for moorage
of 300 slips. An existing Binding Site Plan (BSP) allowed rcdevelopment of these structures within the
same building footprint under separate building permits.
A small building that contained a forrner real estate offrce is located at the inlersection of Black Point
Road and U.S. Hwy l0l. The area from this intersection to the BSP boundary is forestcd with a narrow
paved and gravel road that connects the gravel parking lot for the srnall office building with the rnarina
area. Two single family residences are located at the north boundary of this area including the Pleasant
Harbor House, and a Bed & Breakfast.
Currently, the Black Point campground located to t}re south of Black Point Road is unused and consists of
overgrown vegetated areas (trees, shrubs, and grasses), a systern of paved and graveled roads, paths,
parking areas, terrt camp sites, recreation vehicle (RV) pad sites, picnic areas with shelter buildings, an
activity center and swimming pool that has been frlled with soil, playground equipment, restroom
buildings with septic tanks and drain fields, wslls for water supply, gravel borrow areas, an entry guard
house, and fenced equipment storage areas. None of the buildings within the former Black Point
campground are in use.
The southern po(ion of the site is a steep bluff(l0Gr feet high) and a narrow beach fronting the shellfish
beaches on the Duckabush River delta south of the Black Point peninsula. A small path presently leads
from the top of the bluff to the beach, but no development is located in proximity to the bluffs or the
beaches. Beach accoss will not be allowed as part of this proposal.
A Washington Departrnent of Fish & Wildlife (WDFW) property located north of Black Poinl Road is
approximately 28.7-acres and contains a boat ramp and picnic facilities at the sound end of Pleasant
Harbor. A boat aocqss road connects Black Point Road to the boat launch. The rerrainder of the WDFW
property is forested hillside. See Appendix D of the SEIS for details of this existing access road and
surrounding property.
Direct access to the Pleasant Harbor site is provided via Black Point Road. No vehicular access currently
exists from Black Point Road to the nofth within the site area; however, a narrow paved and gravel road
connects the gravel parking area for thc small former office building and the Pleasant Harbor Marina.
Direcl access to the gravel parking lot is from U.S. Hwy 101. This narrow road is overgrowr iu some
areas. Vehicular access to the Pleasant Harbor House is via the marina area which accesses U.S. Hwy l0l
and access to the Bed and Brealdast is direct via the gravel driveway.
Vehicular entry to the exisling campground is via Old Black Point Road, an undelined Corurty Road that
selves as the first 0.04 miles of the existing entrance into the campground. This road is on property owned
by WDFW. Old Black Point Road intersects with Black Point Road at approximately 0.05 miles from
U,S. Hwy l0l. Public access to the campgound is currently restricted via an entry gate at the entrance to
the campground. The existing campground contains a network of privately-owned paved and gravel roads
and paths.
Existing vegetative cover on the site is remnant from earlier loggrng aclivities and the forrner Black Point
campground. Vegetation consists primarily of an over story of Douglas-fir with red aldo, black
zoN08-00056 - MIA0E40 I 88
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cottonwood, bitter cherry, big leaf maple and Pacific Madrone. Understory includes broadleaf shrubs, red
flowering currant, Scot's broom, blackberry, vine maple, salal and evergreen huckleberry.
The site is characterized by sevgral relatively flat terraces, interspersed with steep slopes and a series of
kettles or depressions. The topography of the site ranges from rnean sea level (msl) to about 320 feet
above msl on the pe,ninsula, and from msl to approximately 100 ft. above msl in the area north of Black
Point Road. Slopes on the peninsula range frorn less than 2 percerrt in the western portion of the site, to
more than 100 percent in the area of steep coastal bluffs along the south boundary. The high poinl on the
peninsula (at existing grades) occurs in the southeast portion ofthe site.
The Black Point campground area contains several "kettle" depressions, formed when blocks of ice
buried in glacial moraines melted. The largest of these kettles, Kettle B in the north-central portion of the
site, occurs in impervious soils and supports a wetland. Other kettles on the site occur in porous soils and
are welldrained. Three wetland systems have been delineated in the central and eastern portions of tbe
site. Refer to Section 3.7 of the SEIS for furthff information on wetlands. Two strearns flow through the
site north of Black Point Road. Both streams are seasonal streams that do not support fish use or habitat
and are classified as Type Ns strea:ns that require a minimum 50-foot buffer dependent on the gradient
per Jefferson County Code (JCC 18.22.270).
The private water system infrastructure within the site area presently includes supply wells, storage
facilities and distribution piping. Two wells supply water to the site including an existing well south of
Black Point Road that provides water for the Black Point campground. The second well north of Black
Point Road serves the existing Bed and Brealdast. Another well outside of the SEIS boundary senres the
marina and the Pleasant Harbor House. Two additional wells within the site located north of Black Point
Road serve areas outside the site boundary on the Black Point Perdnsula.
The existing wastewater collectiog treatment and discharge system on the site consists of gravity sewer
collection systems, septic and purnp tanks, pumps, forcernains, and zubsurface drainfields. The Pleasant
Harbor House has its own purnp tank and grinder pump. The Bed and Breakfast is served by its own
s€ptic syste,m. There are several septic systems throughout the Black Point campground area that are
currently not in use.
Most natural runoff on the site is presently contained in the kettles or is filtered through natural
vegetation. Existing stormwater runoff conveyance systems in the form of culverts are located under
Black Point Road and in the streams and drainages north of Black Point Road. Untreated surface drainage
from U.S. Hwy l0l is collected in roadside ditches and conveyed to culverts that pass the runoff under
the highway to open channels and other culverts to discharge in Pleasant Harbor.
Existing utilities in both areas of the site include electrical power, propane gas and telephone. Electricity
is supplied to the site via the Mason County PUD. Propane gas is utilized by the adjacent marina and
surrounding residential uses. Natural gas is not provided in the area.
More details of the site can be found in Cbapter? of the FSEIS.
Proposal Alternativess The FSEIS evaluates potential impacts resulting from the proposed project-level
development. The following are alternatives evaluated within the FSEIS:
1
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Alternative I consists of an l8-hole golf course, 890 residential units, 49,'172 square feet of
commercial space and resort related amenities on a 231 acre site, with 31 acres of natural area
preserved arlrd2.2 million cubic yards of earthwork required for golf course grading.
Altemative 2 consists of the l8-hole golf course, 890 residential units, 56,608 square feet of
commercial space with resort related amEnities and 80 acres of natural area preserved with I
million cubic yards of earthwork for golf course grading.
Alternative 3, also the Applicant's Preferred Alternative, consists of a 9-hole golf course with a 3-
hole practice course, 890 residential units, 56,608 square feet of comrnercial space with resort
related amenities and 103 acres of natural area preserved with I million cubic yards of earthwork
for golfcourse grading
No Action Alternative - it is assurned that th€ site's currurt land use desigrrations would remain
(Comprehensive Plan MPR and Rural Residential zoning designations) and the site would rernain
primarily in nual residential use. Two scenarios are analyzed for this alternative in this Final SEIS;
Scenario A - Continuation of existing conditions; and, Scenario B - Redwelopment of the site
under existing land use designations with single family residential uses and a 9-hole golf course.
The 300 slip Marina at Pleasant Harbor, although within of the Master Planned Resort boundary, was not
included in FSEIS analysis because it has been redeveloped under an existinB Binding Site Plan.
Project Phases: The applicant proposes to complete the Pleasant Harbor Marina and Golf Resort over
the course of approxirnately l0 years, or in response to market demand. The phasing plan for
development under the preferred Altemative 3 is as follows:
Construct U.S. Hwy l0l and Black Point Road intersection improvflnents
Construct Marina Access Drive within SEIS site
Construct relocated WDFW Boat Access Road
Construct Water Storage Tank at Tee 9 with transmission/distribution piping
Rcdevelop Resort Well
Create Construction Materials Processing Location on Golf Cor:rse Site
Construct Septic Tanks and Sand filters on WWTP Site (Lmge Onsite Septic Systan - LOSS)
Construct Drip Line Drainfield in Fairway 14 (LOSS)
Set up Constn:ction Camp
Construct Maritime Village Building and Parking
Construct Transit Stop Parking
Phase 2:. Constnrct Electric Power Infrastn:cture for Resort Site (Mason County PUD Improvements). Construct site utilities for Phase 2 - utilities underground and roads. Construct Terrace I Building (191 units;36,000 sf comrnercial). Develop second well. Construct Kettle B Rcervoir. Create wetland in Kettle C. Constnrct storn pond at Fairway l0 with stormwater pumps. Clearing and grading of site. Begin Golf Cor:rse construction (grading/contouring) and create plant/tree nursery. Construct Wastewater Recovery Plant. Construct Maintenance Building and Staff Quartcrs (52 units)
Phase 3:. Construct Golf Terraces 2, 3 and 4 (329 units)
2.
J
4.
Phase
a
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' Construct Sanitary Sewer Pump Stations and Force main. Constnrct site utilities for Phase 3 - utilities tnderground and roads. Complete Golf Course Construction. Construct Golf Halfway House (snack and beverage) at Fairway 9. R@onstruct BlackPoint Road. Golf Cowse opens
Phasc 4:. Constmct Seaview Villas (206 units). Consfruct Golf Vistas (44 urits)
Comprehensive Plan Designation: The Jffirson County Comprehensive Plan designates the subject
parcels as Master Planncd Resort MPR). The purpose and intent of the MPR designation is to establish a
master planned resort land use district to be applied to those properties the board of counly commissioners
(BoCC) deermines are appropriate for development as a mastsr plamed resort consistent with the
Comprehensive Plan policies and RCW 36.70A.360. The BoCC redesignated the subject parcels MPR
from Rural Residential zoning on January 28, 2008.
Site Visit: Jefferson County Development Review staff have conducted several site visits, most recently
in June 2015.
DATE OF APPLICATION: An application (MLA0840188) to amend the GMA Lnplernenting
regulations (Unified Development Code - Jefferson County Code Titles l7 & 18) and a request for a
Development Agreenrent was submitted to DCD on April 16, 2018 consistent with JCC 18.45.090(l)(c),
and deemed complete on May 14, 2008 per JCC 18.40.1l0(4).
STATE BIWIRONMEI,ITAL POLICY ACT (SEPA): This application was reviewed under the State
Environmental Policy Act (SEPA), utilizing the Supplernental EIS (SEIS) type per WAC 197-11-
a05(a[a) and as required by Jefferson County Ordinance No. 01{12848 condition 63(b). Jefferson
Connty, as Lead Agency, iszued a Draft SEIS on Novernber 19,2014 with a 45 day comment period that
endod on January 5, 2015. The Final SEIS (FSEIS) was issued on December 9,2015.
JETTERSON COI.]NTY DEVELOPMENT APPROVALS AND PERMITS REOI.]IRED:o Type V Amendment to Development Regulations
. T)pe V Development Agreement
. T)?e III Binding Site PIan or Type I Boundary Line Adjustment
r T)pe I Stormwater Permit for Infrastructure and Class IV General Forest Practices with Public
Works review
. T}?e I Buildingpermits
APPLICABLE JEITERSON COUNTY ORDINANCES :I Jefferson County Code (JCC), JCC Titles 17 & 18, Unified Development Code, as amended. Jefferson County Comprehensive Plarl adopted August 28, 1998, as amended
NOTICE REOUIREMENTS:
As required under JCC I 8.40. 1 50 & 780
Public Notice was published in the Port Townsend-lelferson CounQt Leader newspaper and mailed to
parti.es of record:
zoN08-00056 - MLA0E-0018E
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Notice of Scoping for Preparation of Supplernental Environrnental knpact Stateinent to address
Znrung Code Amendments, Developrrent Agreemanl, and Project Level Environmert Review of
the Master Plan for the Brinnon Master Planned Resort: October 14. 2009.
Notice of Availability of Draft Supplemqrtal Environmental Impact Staternsnt (DSEIS) and
Request For Comments on DSEIS for Pleasant Harbor Marina and Golf Resort LLC Master
Planned Resort: Novernber 19.2014
Notice of Availability of Final Supplernent Environmental Impact Statqrent (FSEIS) and Notice
of Planning Commission Public Hearing and Notice of Intent to Amend Unilid Developmemt
code (JDC) for Pleasant Harbor Marina and Golf Resoa LLC Master Planared Resort: December
9. 2015. Notice was also posted on the project site on Decernber 23. 2015.
COMMENTS:
Public and Agency comments and staff responses to each cornment to the DSEIS can be found in Volume
II of the FSEIS. A summary of comments received can be found in Chapter 5 of the FSEIS and is
reproduced here as Exhibit B of this report.
PROPOSEp FS{prNGS A}rp CONCLUSTONS:
This section constitutes staffs findings and conclusions regarding the applicant's consistency with
Washington State Statue, the Jefferson County Comprehensive Plan and thc Jefferson County Unified
Development Code.
l. RCW 36.70A360 Master Planned Resorts: The proposed dwelopment is subject to the following
criteria and requirements of the Revised Code of Washington (RC\y)
(l) Counties that are required or choose to plan under RCW 36.70A.040 may permit masler planned
resorts which may constitute urban growth outside of urban growth areas as limited by this
section. A master planned resort means a self-contained and fully integrated planned unit
development, in a setting of significant natural amenities, with primary focus on destination resort
facilities consisting of short-terrn visitor accommodations associated with a range of developed
on-site indoor or outdoor recreational facilities.
Staff Cornm€ot: as reviewed, approved and conditioned under Ordinance No. 0l-0128-08
(Exhibit A), the proposal complies this criterion. Subsequent developrnent shall comply with the
conditions of approval under Ordinance No. 0l-0128-08 #63(a) thru (dd), and specifically
condition 63 (aa) that requires a minimum of 65Yo of residential units be provided for short-term
visitor accommodations, and the FSEIS that lists the resort amenities (Appendix S of the FSEIS
and Exhibit C of this report) and recreational facilities.
NOTE: Ordinance No. 0l-012848 was appealed and upheld by the Westen: Washington Growth
Managernent Hearings Board (Brinnon Group and Brinnon MPR Opposition v. Jefferson County
and Pleasant Harbor - Case No. 08-2-0014 Final Decision and Order) on September 15, 2008.
The Board's Synopsis of Decision is reproduced here: 'oln this Order the Board finds that the
process employed by Jefferson County to adopt a comprehensive plan amendment authorizing a
proposed Master Planned Resort map legal description and text amendment for the Brinnon
Master Planned Resort complied with the Growth Managernent Act's public participation
requirements, as well as the process required under the Jefferson County Code. In addition, the
Board frnds in this Order that Petitioners have failed to dernonstrate that any of the challenged
t
I
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aspects of the Brinnon MPR create an inconsistency such that one feature of the Jefferson County
plan is incornpatible with any other feature of its plan or regulation. The Board also finds that
Petitioners have not demonstrated that the adoption of the Ordinance and environmental review
fails to comply with the substantive and procedural require,ments of Chapter 43.21C RCW
including implemorting regrlations in Chapter 197-ll WAC and JCC 18.40.700 et seq. including
the procedural requirernent for considsration of altematives in the EIS. As the Board has not
found any area of noncompliance, there is no basis for a finding of invalidity."
(2) Capital facilities, utilities, and services, including those relaled to seurer, water, storm water,
security, fire suppression, and emergency medical, provided on-site shall be limited to meeting
the needs of lhe master plarmed resort. Such facilities, utilities, and senrices may be provided to a
rnaster planned resort by outsidc service providers, including municipalities and special purpose
districts, provided that all costs associated with service extensions and capacity increases directly
attributable to the master planned resort are fully bome by the resort. A master planned resort and
service providers may enter into agteements for shared capital facilities and utilities, provided
that such facilities and utililies serve only the master planned resort or urban growth areas.
Staff Comment: the resort will be completely self-contained in terms of water, waste water and
stormwater treatmext. Basic security systerns and personnel will be provided on-site by the
developer, along with a 500 square foot room dedicated to law anforcernent. Fire and smergsncy
medical will be provided by the local Fire District and Jefferson Healthcare. The Developer is
required under Ordinance No. 01-0128-08 condition (c) to maintain a Memorandums of
Understanding with the Sheriffs Deparun€nt, Fire District and Jefferson Healthcare to provide
those services.
Nothing in this subsection may be construed as: Establishing an order of priority for processing
applications for water right permits, for granting such permits, or for issuing certificates of water
right; altering or authorizing in any manner the alteration of the place of use for a water right; or
affecting or impairing in any ilrarrner whatsoever an existing water right.
All waters or the use of waters shall be regulated and controlled as provided in chapters 90.03 and
90.44 RCW and not otherwise.
StaffComment: Water rights have been granted for th,ree (3) on-site wells by the Department of
Ecology under application number C2-30436. Approval of a Class A Water Systcrn by the
Departrnent of Heallh is required prior to any Cotmty development permit approval per
Ordinance No. 014128-08 condition (n).
(3) A master planned resort rnay include other residential uses within its boundaries, but only if the
residential uses are integrated into and support the on-site recreational nature ofthe resort.
Staff Report: No more than 35% of residential use shall be for permanent use. Fifty two (52)
residential uses shall be dedicated to Staff Housing as required under Ordinance No. 0l-0128-08
condition (g). Both uses are integrated into and support the recreational nature ofthe resort.
(4) A master planned resort may be authorized by a county only if:
(a) The comprchensive plan specifically identifies policies to guide the development of rnaster
planned resorts;
Staff Comment: Comprehursive Plan Land Use and Rural elanent goal LNG 24.0 and policies
LNP 24.1 thru 24.13 guide the development of new Master Planned Resorts and will be addressed
spccifically in the following section on the Jefferson County Comprehensive Plan. Under
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Ordinance No. 01-0128{8, the BoCC made an affirmative statErnent to satisfy this criterion (see
Exhibit A, p"g" 5 #34).
(b) The comprehensive plan and development regulations irrclude restrictions that preclude new
urban or suburban land uses in the vicinity of the master planned resort, exc€pt in areas otherwise
designated for urban growth under RCW 36.704.1l0;
Staff Comment: Under Ordinance No. 0l{128-08, the BoCC made an affirmative statement to
satis$ this criterion (see Exhibit A, page 5 #33).
(c) The county includes a finding as a part of the approval process that the land is better suited, and
has more long-term importance, for the master planned resort than for the commercial harvesting
of timber or agricultural production, if located on land that otheirrise would be desigrrated as
forest land or agricultural land under RCW 36.70A.170;
StaffCommsnt: Under Ordinance No. 01412848, the BoCC made an affirmative statement to
satisff this criterion (see Exhibit A, page 5 #33 & 34).
(d) The county ensures that the resort plan is consistent with the development regulations established
for critical areas; and
StaffComment:applicable sections of the Critical Area ordinance (JCC 18.22) will be addressed
under the Jefferson County Unified Development Code section.
(e) On-site and off-site infrastrugtwe and service impacts are fully considered and mitigated.
Staff Comment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, storrnwater, telecommunications and public services, and under
Ordinance No. 014128-08 condition (c), Mernorandums of Understanding are required for all
public service providers.
[1998 c 112 $ 2; 1991 sp.s. c 32 $ 17.]
NOTES:
Intent-l 998 c 172: "The primary intent of this act is to give effect to recommendations by the 1994
department of community, trade, and economic development's rnaster plarmed resort task force by
clarifying that master planned resorts may make use of capital facilities, utilities, and services
provided by outside service providers, and may enter into agreements for shared facilities with
such providers, when all costs directly attributable to the resort, including capacity increases, are
fully borne by the resort." [998 c I 12 $ 1.]
Staff Comment: The 30 conditions irnposed on the developer rmder Ordinance No. 0l-0128-08
and specifically condition (c) that requires Mernoranduns of Understanding (MOUs) with service
providers is the BoCC response to this intsnt.
2. Jefferson County Comprehensive Plan: The proposed development is zubject to the goals and
policies of the Jefferson County Comprehensive Plan. The following Plan goals and policies apply to
the proposal:
TheJeffersop County Comprehensive Plan. 1998. Land Use and Rural Element
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IIqASTER PLANNED RESORTS
As required under Ordinance No. 0l-0128-08 Section Two, the following text aurended the
Comprehensive PIan narrative on page 3-23, last paragraph:
"Early in 2008, Jefferson County desigrrated a new Master Plarmed Resort (t fPR) in Brinnon.
The new Master Planned Resort is 256 acres in size and includes the Pleasant
Harbor and Black Point areas. The Marina area is existing and would be fiuther developed to
include additional commercial and residential uses such as townhouses and villas. The Black
Point are of the new resort would include new facilities such as a golf course, a restaurant, a
resort center, townhouses, villas, staff housing, and a community csnter. The overall residential
construction would not exceed 890 total units."
Staff Cosunent: Since the adoption of Ordinance No. 014128{8 in January 28, 2008, the then
proposed marina development has changed due to the required 150 shoreline buffer under the
new Shoreline Master Program. The proposed additional residential and commercial
development was moved out of the marina area and up to and abutting Highway 101 as the
Maritime Village cornplex. As such, Staff recommends the following revision to this text to be
included the Ordinance adopting the Developmeirt Agreerne,:rt, as well as included in the periodic
update to the Compreherrsive Plan Amendmcnt due June, 2018:
"Early in 2008, Jefferson County designated a new Master Planned Resort MPR) in Brinnon
knpwn.a\ the Pleasant Harbor Master Planned Resort. The new Master Planned Resort is 256
acres in size and includes the Pleasant Harbor_Ivladrc and Black Point areas. The Marina area is
existing and would be firther devele-ed to inelude additielal een$.erei€rl ard r€e:den+ial ueee
. The Black
Point area and Villape alons the Hi I Ol nf the new resort would include new
facilities such as a golfcourse, a restaurant, a resort center, townhouses, villas, staffhousing, and
a community center. The overall residential construction would not exceed 890 total units."
GOALS AJ\ID POLICIES - Land Use and Rural Element
Goal24.0 (p. 3{5) states:
Provide for the siting of Master Planned Resorts (MPRs) pusuant to the adoption of development
regulations consistent with the requirements of the Growth Managcrnent Act (RCW 36.70A.360),
in locations that are appropriate from both an economic and ilvironmental perspective.
Staff Comment: The proposal is consistent wilh this goal since Ordinance No. 0l-0128-08
approved the re-designation of the subject parcels from Rural Residential to Master Planned
Resort on January 28, 2008, effectively siting the resort on the subject parcels.
Policy 24.1 - Master planned resorts are generally larger in scale, and involve greater potential
impacts on the surrounding area, than uses permitted under the Small -Scale Recreation and
Tourist Uses standards. MPRs may constitute urban growth outside of rnban growth areas as
limited by RCW 36.70A.360.
Staff Comment: The proposal is consistent with this policy as approved under Ordinance No. 0l-
0128-08.
Policy 24.2 - Owners of sites where MPRs are proposed to be located must obtain an arnendmcnt
to the Cornprehensive Plan Land Use Map, giving the site a mastff planned resort designation
prior lo, or concurrent with an application for master plan review. The comprehusive plan
amendment process should evaluale all of the probable significant adverse environmental impacts
from the entire proposal, even if the proposal is to be developed in phases, and these impacts shall
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bs considered in deterrnining whether any particular location is suitable for a rnaster planned
resort.
Staff.Cpmment: The proposal is consistent with this policy as approved under Ordinanc€ No. 0l-
0128-08.
Pglicv 24.3 - The process for siting a master planned resort and obtaining the necessary
Comprehensive Plan designation shall include all property proposed to be included within the
MPR and shaU firther include a review of the adjacant Cornprehensive Plan land use
desigrrations/districts to srsure that the desigrration of a master planned resort does not allow new
urban or suburban land uses in the vicinity of the MPR. This policy should not be interpreted,
however, to prohibit locating a nnster planned resort within or adjacant to an existing Urban
Growth Area or within or adjacent to an existing area of more intense nrral development, such as
an existing Rural Village Cenler or an existing Rural Crossroad designation.
Slaff Comm,ent: The proposal is consistent with this policy as approved under Ordinance No. 0l-
0128-08.
Policv 24.4 - MPRS should not be located on designated Agricultural Resource Lands or Forest
Resource Iands, unless the Courty specifically makes the frnding that the land proposed for a
Master Planned Resort is better suited and has more long-terrn importance for the MPR than for
the commercial harvesting of timber or production of agricultr:ral products, and also makes the
finding that the MPR will not adversely affect adjacent Agricultural or Forest Resoruce Land
production.
Staff Comment: The proposal is consistent with this policy as approved under Ordinance No. 01-
0128-08.
Policv 24.5 - The mastef, planned resort shall consist of predominantly, short-term visitor
accommodations and associated activities, but may include some other permanent residential
uses, including caretakers'or anployees' residences and some vacation home properties, provided
they must be integrated into the resort and consistent with the on- site recreational nahrre of the
resort. MPRs may propose clustering constructioq setbacks, lot sizes, and buildurg sizes that vary
from those normally found in the Rural or Resotnce Lands designations.
Staff Comment: No more tl:min 35%, of residential use shall be for perrnanent use. Fifty two (52)
residential uses shall be dedicated to Staff Housing as required under Ordinance No. 01-0128-08
condition (g). Both uses are integrated into and support the recreational nature of the resort. The
proposal includes zuggestod development and zoning regulations that deviate from those foturd in
other zoning districts. The proposal is consistent with this policy.
Policv 24.6 - The master planned resort may include indoor and outdoor recreational facilities,
conference facilities and commercial and professional activities and services that support and are
integrated with the resort. These facilities shall be prirnarily desigrred to serve the resort visitors,
either day visitors or overnight visitors, but may also provide some limited goods and services for
the surrounding permanemt residential population.
Staff Comment: Ordinance No. 01-0128-08 condition (d) requires the applicant provide a list of
amenities which include recreational, commErcial or professional activities and senrices (non-
residential or operational) and identifies which are accessible to the general public. That list is
Exhibil C of this re,port. The proposal is consistent with this policy.
Policv 24.7 - The capital facilities, utilities and services, including those related to sewe,r, water,
stonn water, security, fire suppression, and emergency medical provided on-site shatl be limited
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to meeting the needs of the resort. These facilities, utilities, and services may be provided by
outside service pro\dders, such as special purpose districts provided that the resort pays all costs
associated with service extension capacity increases, ornew services that are directly attributable
to the resort, and provided that the nature of the facilities and services provided are adequate to
meet t}te increased needs of the resort, based on the planned concentration of grests, structures
and other facility, utility and service dernands. Plan approval shall provide that facilities serving
the resort, which may be urban in nature, not be used to sewe development outside the resort
area-s, except at appropriate rrual densities, uses, and intensities.
Staff Cornmenl: the FSEIS fully considered and suggested rnitigation for transportation, water,
wastewater, solid waste, stormwater, telecommunications and public services, and under
Ordinance No. 014128-08 condition (c), Memorandums of Understanding are required for all
public service providers to ensure that those infrastructure and services required by the resort, are
contained within the resort and firlly paid for by the developer. No resort infrastructwe or
services me to be provided to areas outside the resort, with the exception of water seryice to those
residential uses under the Neighborhood Water Supply Program (Appendix F). The proposal is
consistent with this policy.
Policv 24.8 - MPRs should only be approved when it can be demonstrated that, on-site and off-
site irnpacts to public services and infrastructure have been fully considered and mitigated,
Staff Cornment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, stormlvater, telecomrnunications and public services, and under
Ordinance No. 01{128-08 condition (c), Memorandums of Understanding are required for all
public service providers to enzure that those infrastructure and services required by the resort are
Ihlly paid for by the dweloper. The proposal is consistent with this policy.
Policv 24.9 - The MPR shall contain sufficient portioffr of the site in rurdeveloped open space for
buffering and recreational amenities to help preserve the natural and rural character ofthe area.
Where located in a nral area, the master planned resort should also be designed to blend with the
natural setting and, to the maximum extent practical, screen the developrnent and its impacts from
the adjacent rural areas outside of the MPR desigration.
Staff Cornment: Natural open space, pervious and impervious surface area calculations are
contained in Table 2-3 @age 2-35) of the FSEIS (Exhibit D of this report). Alternarive 3, *re
Applicant's preferred altemative, preserves 103 acres of natural undisturbed open space from a
total site acreage of 231 acres - 45%o or nearly half of the total site area. With the exception of the
Maritime Village Conrplex (which needed to be relocated from the Marina to along Highway
101), and those properties al higher elevations west ofthe resort, the resort shall bc ssreened from
view with vegetation and site topography to the maximum extent practical. The proposal is
consistent with this policy.
Policv 24.10 - The MPR must be developed consistent with the County's development regulations
established for environmentally sensitive areas and consistent with lawfully established vested
rights, and approved developrnent permits.
Staff Comment: The FSEIS amlyzed impacts consistent with current Critical Area regulations
under JCC 18.22, and shall be described in further detail in the Jefferson County Unifred
Development Code section below. The application includes draft development regulations and a
Development Agreement (Exhibit E of this report) that regulate how development will occur, and
addras vested, legal non-conforming rights and luies, as well as development pemit review and
approval for the resort. Proposed section JCC 17.60.040 of the development regulations allow
Title 15 (building code) and Title l8 (Unified Development Code) to supplement the proposed
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new developrnent regulations for the resort, including JCC 18.22 Critical Areas. The proposal is
consistent with this policy.
Policv 24.11 - Master planned resorts shall include existing or new Development Agleements, as
authorized by RCW 36.7013.170, to implernent these policies.
$taff Corrnent: The Developmurt Agreernent is a contract between the Comty and Developer
over the terms and scope of developmert, and is also a requirement rmder JCC 18.15.123(4). The
BoCC will hold a public hearing before the Development Agreement is signed. A draft of the
Dweloprnant Agreernent is included in Exhibit E of this r€,port. The proposal is consistent with
this policy.
Policv 24.12 - The County shall prepare developmant regulations to guide the review and
designation of master planned resorts that include, at a minimum, compliance with these policies.
Staff Comrnent: JCC Title 18 Article IV Master Planned Resorts - Special Provisions constitute
the development regulations cited above, and shall be reviewed in detail in the Jefferson County
Unified Development Code soctions below. The proposal is consistent with this policy.
Policv 24.13 - New or expanded existing rnaster plamred resorts must be located in areas or
existing shoreline development, such as marinas and shoreline lodges, which promote public
access to developed shorelines, and/or locations which promote public access and use of
National Parks and National Forests.
Staff Comrnent: The proposed resort as located includes Pleasant Harbor, a marina and public
access point to the shoreline, and Black Point Peninsula, which is completely sunounded by
rnarine waters. The site is also within close proximity to access of the Olyrrpic National Park and
adjacent National Forests. The proposal is consistent with this policy.
3. Jefferson County Unilied Development Code: The proposal is subject to review to determine
consistency with the Jefferson Cor:nty Unifid Development Code. The following code sections are
applicable to the proposal.
JCC f 8.15.025 Master Planned Resort
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accornmodations associated with a range of indoor and outdoor recreational facilitie within the
property bourdaries in a setting of sigrrificant natural amenities. A resort rnay include other
residential uses, but only if the residantial uses are integrated into and support the on-site
recreational nafure of the resorl.
Staff Comrnent: As described in the prior two review sections, the proposal is consistent with
this description as a land use district. The following is the applicant's proposed new subsection
(2) to this section, to follow subsection (1) describing Port Ludlow as the fust Master Planner
Resoil (MPR). Staff s suggested edits are indicated by strike-through and undsline:
(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second officially designated rnaster planned resort in the County. The Pleasant Harbor MPR is
designaled in accordance with RCW 36.704.360 as a new rnster planned resort and is subject to
the provisions of JCC Title l7,t\rt:Dlq II. The Pleasant Harbor MPR is cbaracterized by a golf
course resort facility laith associated residential usqs south of Black Point Road,-and a 300 slip
Mnrarina at Pleasant Harbor. aritirne Village mixed use recreation centerJvith arrc
associated housing north of Black Point Road. The resort is pr€Cen"lflat€ly-designed to serve
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resort and recreation uses and has only limited frrll-time occupancy. The resort is s€Frc+localgd
within 2 miles b:iof the Brinnon Rural Center, which accommodates LAMIRD-scale cornmercial
uses serving the resort and local population. The master planned resort's intemal regrrlations and
plaruring reskictions such as codes, covenants and restrictions may be more restrictive than the
requiranents in JCC Title 17. However, Jefferson County does not enforce private codes,
covenants and restrictions.
JCC Chapter 18.15 Article fV. Master Planned Resorts * Spgcial Brgvisions
JCC 18.15.115 - Desienation - "Maste,r planned resort" (MPR) is a land use designation
established under the Cornprehensive Plan. The enlf6xisting-officially desigrrated master planned
resortg in the county arefu the Port Ludlow MPR and the Pleasant Harbor MPR, provisions for
which are codified in JCC Title 17. The Port Ludlow MPR is ado,pted pursuant to RCW
36.70A.362 regarding designation of existing master plaruned resorts. Pleasant Harbor MPR is
adopted pursuant to RCW 36.70A.360 pertaining to new Master Planned Resorts. Designation of
any new master plarured resorts pusuant 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.
Staff Comment: The Applicant's proposed changes to lhe current code are indicted by
strikethrough and underline. Ordinance No. 0l{12848 established the boundary and siting of
the resort tlrough the site-specific Corrprehensive Plan amendment process.
JCC 18.15.120 Purpose. and intent - Jefferson County has a wide range of natural features,
including climate, vcgetation, wator, natural resources, scenic qualities, cultural, and geological
feafl:res, which are desirable for a wide range of recreational users to enjoy. New master planned
resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for
enjoyment and recreational use, while bringing significant economic diversification and benefits
to mral communities. The purpose of this article is to establish a master planned resort land use
district to be applied to those properties the board of county cornmissioners determines are
appropriate for development as a masl€r planned resort consistent with the Comprehensive Plan
policies and RCW 36.704.360.
Staff Corrment: The proposal is consistent with lhis purpose and intent.
JCC 18.15.123 Allowable Uses - The following uses may be allowed within a rnaster planned
resort classification authorized in compliance with RCW 36.70A.360:
(l) All residential uses including single-farnily and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature ofthe masterplanned 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-terrn
visitor accornmodations shall constitute no less than 65 percsnt of the total resort accommodation
rmits.
3) lndoor and outdoor recreational facilities and uses, including, but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), temis courts, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deeined to be consistent
with the on-site recreational natue of the master planned resort.
(4) Campgrounds and recreational vehicle @V) sites.
(5) Visitor-oriented amenities, including, but not limited to:
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(a) Eating and drinking establishments;
(b) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the needs of the users
such as gas stations, espresso stands, beauty salons and spas, gift shops, art galleries, food stores,
real estate/property management offices; and
(d) Recreationoriented businesses and facilities such as sporting goods and outdoor
oquipment rental and sales.
(6) Cultrual and educational facilities, including, but not limited to, interpr€tative cent€rs and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to rnaintain and operate the
master planned resort.
(8) Temporary and/or permanent structures to serve as sales offrces.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehe,rsive Plan policies regarding masts planned resorts, and
RCW 36.70A.360.
Staff Comment: The proposal is consistent with this section of the code. Proposed uses and
amenities are listed in Chapter 2 of the FSEIS and in Appendix S (Bfiibil C of this report). Uses
and amenities not listed there but allowed here, rnay bc established at a future date, or deerned
allowable by the Administrator if they are consistent with the purpose and intent of this sectioo,
the Developrnent Agreement and Development Regulations.
JCC 18.15.126 Reouirements for Master Planned Resorts - An applicant for an MPR project
must meet the following requirements:
(l) Mastfl Plan. A master plan shall be prepared for the MPR to describe the project and
provide a frarnework 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 nattral and recreational features that will attract people to the area
and resort.
O) A description of the destination resort facilities of the MPR, including short-term visitor
accommodations, on-site outdoor and indoor recreational facilities, off-site recreational
opportunities offered or provided as part of the resort's services, and commercial and supportive
services provided.
(c) A listing of the proposed allowable uses and maximum de,:rsities and intensities of use of
the MPR and a discussion of how these uses and their distribution meet the needs of the resort
and its users.
(d) A land use map or maps that depict the conrpleted MPR development, showing the full
extent and ultirnate development of the MPR or resort and its facilities and services, including
residential and nonresidential development tlrpes and location.
G) A description, with supportive inforrnation and maps, of the design and functional
features that provide for a unified development, superior site design and protection of natural
amenities, and whieh further the goals and policies of the Comprehensive Plan. This shall address
how landscaping, screening, and opcn space, recreational facilities, road and parking desip,
capital facilities, and other components are integrated into thE project site.
(0 A description of the e,lrvironmentally sensitive areas of the project and the rneasrues that
will be ernployed for their protection. For an MPR adjacent to the water and subject to the
jurisdiction of the Shoreline Managernenl Act, a description and suppodve materials or maps
indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program.
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(g) A description of how the MPR relates to sunounding properties, and how its desigrr and
arrangerrent minimize adverse impacts and promote compatibility among land uses within the
development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which rnay be necessary,
appropriate, or desirable for the support of the dwelopment will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(D A description of the interded phasing of development of the pmject, if any. The initial
application for an MPR shall provide sufficient detail for the phases such that the firll intended
scope and intensity of the development can be evaluated. This shall also discuss how the project
will frrnction at interim stages prior to completion of all phases of the project, and how the project
may operate successfully and meet its enviroilnental protection, concurrency, and other
commitrnents should development cease before all phases are cornpleted.
Staff Comrnent: In substance, the FSEIS, Development Agreement, Zontng and Development
Regulations constitute the "master plan " under this section. However, a County drafted'Master
Plan for the Pleasant Harbor Marina and Golf Resort," meeting required elements of this section,
as well as permitting processing tools such as mitigation checklists and other documents to guide
future permit review, shall be prepared and included as Exhibit F of this report prior to final
adoption of the Development Agreernent and Amendmsnt to the UDC.
(2) Dovelopment Agreement. A master plarmed resort shall require approval of a
development ageernent as authorized by Article XI of Chapter 18.40 JCC @evelopment
Agreernents), and RCW 36-708,170 through 36.708.210. Consistent with JCC 18.40.830(3) and
RCW 36.708.170, the dweloprnent agreernents shall be prepared by the applicant and must set
forth the development standards applicable to the dweloprnent of a specific master planned
resort, which rnay include, but are not limited to:
(a) Psrmitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) hovisions for required open spac€, public access to shorelines (if applicable), visitor-
oriented accommodations, short-term visitor accornrnodations, on-site recreational facilities, and
on-site retaiUcommercial services;
(e) Mitigation rneasures imposed pursuant to the State Environmental Policy Act, Chapter
43.21C RCW, and otherdEveloprnent conditions; and
(0 Other development standards including those identified in JCC 18,40.840 and RCW
36.708. r 70(3).
Staff Comment: A draft Development Agreement meeting the required elements of this section is
attached to this report in Exhibit E of this report.
(3) Formal Site-Specific Comprehemsive Plan Amendment. A master planned resort shall
require a site-specilic amendment of the Comprehensive Plan Land Use Map to a mastsr planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning pro@ss authorized rurder Article VII of Chapter I 8.l5 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Cornprehensive Plan amendment or subarea plan may be processed by the county concurent \rith
the review of the resort master plan and dwelopment agreement required for approval of a mastsr
planned resort.
Staff Comment: Ordinance No. 0l-0128-08 established the boundary and siting of the resort
through the fonnal site-specific Comprehensive Plan annendment process.
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(4) Plarured Actions. If deemed appropdate by the applicant and the county, a masts planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-1 l-164 and 197-l l-168.
Staff-Qomment: the proposal is not a Planned Action.
(5) Self-Contained Development. All necessary zupportive and accessory on-site urban-level
cornmercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to senre the MPR. New urban or suburban dwelopment and land uses
are prohibited outside the boundaries of a master planned resort, except in areas othenvise
designated as urban gounh areas in compliance with RCW 36.704.110.
Staff Comment: AII supportive commercial and resort services with the exception of gasoline
and too an extent, groceries (a farmer's market on site will provide fresh produce), shall be
provided within the resort. No new urban or suburban (subdivision) developments shall be
allowed outside the boundaries of the MPR.
JCC 1t.15.135 - Criteria for Approval
An application to develop any parcel or parcels of land as an MPR may be approved or approved
with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application mests these criteria, then the
applicalion shall be derded.
(1) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter (Environmantally S ensitive Areas Di strict (ESA)).
SB.f_f Comment: The FSEIS technical reports analyzed the proposal under current ESA
regulations under the County's Critical Area Ordinance - JCC Chapter 18.22, specifically
for a Habitat Managernent (Plan), Geologically Hazardous Areas, and Wetlands. The
FSEIS concluded that the proposal would not result in significant adverse environmental
impacts, and would conply with JCC 18.22 with the Geologically Hazardous Areas, Fish
& Wildlife Conservation Areas, and Wetlands. AIso, Critical Aquifer Recharge and
Saltwater Intrusion Protection Zones were analyzed by the Departrnent of Ecolory use
State protection standard, but those standards are consistent with standards under JCC
18.22.
(2)The MPR is consistent with the goals and policies of the Comprehensive PlaU the
requirernents of the Shoreline Master Prograrr, and complies with all other applicable
sections ofthis code and all other codes and policies ofthe county.
Staff Comment: As stated above in the applicable sections of this report, the prorposal
complies with this criterion. No new resort dwelopment shall take place within the
Shoreline jurisdiction.
(3)If an MPR will be phased, each phase contains adequate infrastructure, opfl space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand
alone if no zubsequent phases are developed.
StaffComrneft: As detailed in the Master Plan requirement rurder JCC 18.15.126(IXi),
the proposal is consistent with this criterion.
The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health senrices, to
adequately meet the needs of the guests and residents of the MPR.
(4)
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(s)
(6)
(e)
(10)
(7)
(8)
Staff Cornrnent: The list of available resort and recreational amenities; the increase in
undistrubed open space betwesn Altematives I and 3; the proposed infrastructure
improveme,lrts to Black Point Road, the DNR boat ramp, shuttle service to and frorn the
resort and SeaTac Airport, and between the golf and marina side; and the MOUs for
public service; all dernonstrate compliance with this criterion.
The MPR will contain within the development all necessary supportive and accessory on-
site urban-level comrnercial and otler services, and such services shall be oriented to
serve the MPR.
StaffComment: As state in the FSEIS and Master Plan, the proposal complies with this
criterion.
Environmental considerations are employed in the desip, placement and screeiring of
facilities and amenitics 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
feahres, historic sites, and public views.
Staff Comment: As described in the MastEr Plan as reguired under JCC 18.15.126(l)(e),
the proposal complies with rhis criterion.
All on-site and off-site infrastructure and service impacts have been firlly considered and
mitigated.
Staff Cornment: Per the FSEIS, the proposal complies with this criterion.
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.
Staff Comment: Development along the south bluff is setback at least 200 feet frorn
Ordinary High Water Mark, and south beach access is prohibited specifically to avoid
any impacts to the marine waters of Hood Canal. Also, the Slormwater Systern is
designed to prwent any discharge into Hood Canal per Ordinance condition (d. Siting
of buildings and recreational activities were designed to be buffffed from adjacent
properties.
Thc master plan establishes location-specific standards to retain and enhance the
charactq of the resort.
Staff Commqrt: the master plan contains zoning and development standards specific to
each zone in order to rnaintain the specifc character ofeach zone, such as golfcourse,
marina and mixed use recreational (Maritime Village) as different aspects of the overall
resort.
The land proposed for a rnster plarmed resort is better suited and has more long-term
importance for the MPR than for the comrnercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or
forest resource land pmduction. [Ord. 846 $ l]
StaffComment: Ordinance No. 0l-0128-08 contained findings per the RCW that satisff
this criterion.
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JCC lt.l5.l3E - Pe*-Ludlerv Master Planned Resort.
The Pe#4udlex, Master Planned Resort Code (JCC Title 17), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of this
I.IDC.
StaffComment: the strikethrough in the section above is the rwommended change to this section
in order to reflect the addition of Pleasant Harbor as the second MPR in Jefferson County, should
the amendment be approved.
JCC 18.20.190 - Golf Courses
(1) Applications for a golf course must be accompanied by a desip plan and best rnanagernent
practices plan. The desigrr plan shall minimize the use of pesticides, herbicides, fertilizers, and
groundwater by the tlpe and placanant of appropriate vegetative materials and other means. The
use of pesticides, herbicides, or fertilizers that are krrown to leach into grorurdwatsr are
prohibited. The design plan shall also dermonstrate that an adequate water supply shall be
provided without diminishing the level of service for systern users or others dependent upon fie
resource. The best manag€rnent practices plan shall include monitoring procedures and an
integrated management plan. Once approved by the cormty, the management plan shall be a
condition of project approval and failure to conrply with the approved plan shall be grounds for
revocation of the permit.
Staff Comment: The Applicant submitted a Golf Course Developrnent and Operation Best
Management Practices Plan as part of the SEIS, which shall be incorporated into a design plan
that shall be required as a condition of approval for further development and submitted for review
and approval at time of stormwater management permit application to grade and develop the golf
course under Phase 2 ofthe overall resort developmcnt.
(2) Accessory uses to golf courses shall be limited to those either necessary for the operation and
maintenance of the course, or *rose which provide goods or seryices customarily provided to
golfers at a golf course. Accessory uses may include parking, rnaintenance facilities, cart storage
and repair, clubhouse, restrooms, lockers and showers, food or beverage service, pro shop, and
practice or driving range, swimming pools, termis courts, weight roorrts, or similar uses oriented
to persons other than golfcourse patrons.
Staff Comment: Since the golf course is not stand-alone, but accessory to lhe resort, accessory
uses are listed as permitted uses in the Golf Resort zone MPR-GR) of the development
regulations (17.65) for the resort.
(3) Accessory uses which provide commercial services, such as food and beverage service and
pro shop, shall not exceed a total of5O00 square feet ofgross floor area.
Staff Comment: Since the golf c,or.rse is not stand-alone, but accessory to the resort, applicable
development standards are listed under tlre Golf Resort zone (MPR-GR) of the development
regulations (17,65) for the resort.
(a) No occupied building accessory to a golf course shall be located within 100 feet of any
property line.
Staff Comment: Since the golf corrse is not stand-alone, but accessory to tlre resort, applicable
development standards are listed under the Golf Resort zone (MPR-GR) of the development
regulations (17 .65) for the resort.
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(5) No off-street parking or loading area shall be permitted within 50 feet of a side and rear
property. [Ord. 846 $ 1]
Staff Comment: Since the golf course is not stand-alone, but accessory to the resort, applicable
development standards are listed under the Golf Resort zone (MPR-GR) of the development
regulations (17.65) for the resort.
JCC Chanter 18.40 Article XI - Development Asreements
18.40.E20 Purpole.
This article establishes the mechanism under which Jefferson County may entff into developmei:t
agreements as authorized by RCW 36.708.170. A decision to enter into a development agre€ment
shall be made on a case-by-case basis. A developrnent agreement rnay be appropriate for largq
complex or phased projects, or projects which were not conterrplated by existing developmant
regulations or existing application procedwes. [Ord. 8-06 0 l]
18.40.830 Genera! reouirements.
(l) Discretion to Enler Development Agreanent. A development agreement is an optional device
that may be used at the sole dissetion of the corurty, except a development agreernent shall be
required for applications for master planned resorts in accordance with JCC 18.15.126 and major
industrial developments in accordance with JCC 18.15.605.
Staff Comment: The applicant has submitted a draft Development Agreement as part of their
Type V application for a Master Planned Resort. That draft is provided in Appendix S of the
FSEIS and in Exhibit E of this report.
(2) Who May Enter. The property owner(s) and the county shall be parties to a development
agreernent; provided, that if a proposod development is within an adopted municipal UGA, the
applicable town or city shall also be a party to the agreement. The following may be considered
for inclusion as additional parties in a development agreemenl: contract purchasers, lenders, third-
party beneficiaries and utility service providers.
StaffCornmsnt: the application is consistent with this requirernent.
(3) Content of Developrnent Agreements. A development agreement shall be prepared by the
applicant and shall set forth the development standards and other conditions that shall apply to
and govern the development, use and mitigation of the property subject to the agreement.
StaffComrnent: the application is consistent with this requirement.
( ) When Development Agreements May Be Aprproved. A development agreernent may be
entered into prior to, concurrent with or following approval of project permits for developmant of
the property.
StaffComment: tle approval of the development agreement shall take place prior to approval of
any project permits for development of the properly.
(5) Consistency with Unified Dwelopment Code. The development standards and conditions set
forth in a development agreernent shall be consistent with the applicable development regulations
set forth in the Unified Development Code, except in the case of a master planned resort (which
requires a site-specific Comprehensive Plan amendment), where ado'pted standards may be
modified by the development standards contained in the agreement, so long as all project impacts
have been adequately mitigated. However, the minimum requirernents related to lhe protection of
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envirorunentally sensitive areas in Anicle VI-D of Chapter 18.15 JCC may not be varied by
adoption of any development agreement. [Ord. 8-06 $ 1]
Staff Comment: development standards as proposed are consistent with Title 17 Article I Port
Ludlow MPR, and as a Master Planned Resort. Mitigation measures listed in the FSEIS shall be
required as part of the development agreement, and proposed section 17.60.040 Additional
Requirements of the development regulations ensures that environmentally sensitive areas rmder
JCC 18.22 would apply to any resort development.
Lt.40.t40 Ilevelopment standards to be addressed.
(1) A development agreernent shall include, but need not be limited to, one or more of any of the
following types of development controls and conditions:
(a) Prqect elements such as permiued uses, residenrtial and nouesidential dusities, scale and
intensity ofuses and/or building sizes;
Staff Comment: these standards are addressed in the development regulalions Title 17 Article II
as adopted under Section 3 Development Standards of the proposed development agreerneot.
O) Mitigation measures, dwelopment conditions and other requirements pursuant to
environrnental review under Chapter 43.27C RCW;
Staff Comment: Section 4 of the proposed development agreement addresses mitigation
Ineasures.
(c) Design standards such as maximurn heights, setbacks, drainage and water quality
requirements, screening and landscaping and other dwelopment features;
Staff Comment: these standards are addressed in Section 3 of the proposed development
agreement.
(d) Roads, \patetr, sewer, storm drainage and other infrastrucnre requirerneirts;
Staff Corffnent: these standards are addressed in Section 3 of the proposed development
agreernent.
(e) Affordable housing;
SlaffCo-grnqpnt: addressed in the revised MOU for housing attached as Exhibit G of this report.
(f) Recreational uses and open space preservation;
Staff Comment: addressed in Section 4 of the proposed development agreement and in the
Master Plan for the resort as a condition of approval for the development agreement.
(g) Phasing;
Staff Comment: addressed in Section 5 of the development agreernent.
(h) Development review procedures, processes and standards for implementing decisions,
including methods of reimbursanent to the county for review processes;
StaffComment: addressed in Section 4 of the proposed development agreement.
(i) Other appropriate development requirements or procedures.
Sta{f Comrnent: addressed in Section 3 & 4 of the proposed developrnent agreement.
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(2) A developmant agreement may obligate a party to fund or provide services, infrastructure, or
other facilities. Project applicants and govemmental entitie.s may include provisions and
agreem€nts whereby applicants are reimbursed over time for financing public facilities.
Staff Commsnts: not included as part of the proposed dwelopment agreement.
(3) Development agreements shall:
(a) Establish a process for amending the agreernent;
St4lf.9omrnent: addressed in Section 6.6 of the DA.
O) Speciff a termination date upon which t}re agreemcnt expires;
StaffComment: addressed in Section 1 of the DA.
(c) Establish a vesting period for applicable standards; and
Staff Conlnent: addressed in Section 4.3 ofthe DA.
(d) Reserve authority to impose new or different regulations to the extent required by a serious
threat to public health and safety. [Ord. 8-06 $ 1]
Staff Comment: addressed i:r section 4.3.1 of the DA.
18.40.E50 Procedures.
(l) A development agreernent shall be initiated by a written request from the property owner to
the administrator of the departrnent of community development. The request should describe the
project and the specific reasons why the project is suitable for a development agreernent- The
request should identiff the developmeirt standards set forth in JCC 18.40.840 that the applicant is
requesting to be included in the development agreement and auy other reasonable information
requested by the county.
Staff Comment: the application (MLA08-00188) submitted April 16, 2008 satisfies this
requiremant.
(2) If the admioistrator deternines in his or her discretion that a development agreement should
be considered by the county, the property owner shall be so informed, exc€pt that development
agreements shatl be required for the approval of master planned resorts in accordance with JCC
18.15.126 and for the approval of major industrial developments in accordance with JCC
18.15.605.
StaffComlnent: The DA was required as part of the application to implement a rraster planned
resort as approved under ffiinance No, 01-012848.
(3) When a development agreement is being considered prior to project permit approvals, the
property owner shall provide the county with the same information that would be required for a
complete application for such project pennits in order for the couDty to detennine the
developrrent standards and conditions to be included in the developmcnt agreernent.
StaffCommenl: MLA08-00188 included a request to amsnd the UDC to adopt new standards for
dwelopment under proposed Title 17 Article II.
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(4) When a development agreement is being considered following approval of project permits, the
development standards and olher condjtions set forth in such project perrnits shall be used in the
development agreernent without modification.
StaffComment: not applicable since the DA is required prior to project permits.
(5) The county shall only approve a dwelopment agrcement by ordinance or resolution after a
public hearing. The board of county cornmissioners may, in its sole discretiory approve the
development agreement. If the development agreement relates to a project permit application, the
provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development
agree,ment-
StaffCornrnent: the BoCC shall schedule and conduct a public hearing prior to approval ofthe
DA. RCW 36.70C does not apply since an appeal of the DA would be heard by the Growth
Management Hearings Board per JCC 18.40.050 Table 8-2 Action Types - Process note 2.
(6) An approved and fully executed development agreement shall be recorded with the county
auditor. [Ord. 8-06 $ l]
Staff Comment: addressed as a recorrmended condition of approval.
18.40.860 Effect.
(l) A development agreement is binding on the parties and their successors, including a city that
assumes jurisdiction through incorporation or annexation ofthe area covering the property subject
to the development agreernent.
Statf qortment: addressed in Section 6.2 of theDA.
(2) A development agreement shall be enforceable during its terrn by a party to the agreement.
Staff.9orrment: addressed in Section 6.1I & 6.12 of the DA.
(3) A development agreement shall govern during the terrn of the agreernent all or that part of the
development specified in the agreement and may not, unless otherwise agreed to in the
development agreement, be subject to an amendment to a local government land use ordinance or
developmant standard or regulation or a new local governrnent land use ordinance or
development standard or regulation adopted aftEr the effective date of the agreement.
StaffComment: addressed in Section 4.3 of the DA.
(4) Permits issued by the county after the execution of the development agreement shall be
consistent with the agreement.
StaffCommqnt: addressed in Section 4.1 of the DA.
(5) Nothing in RCW 36.708.170 through 36.708.200 and Section 501, Chapter 374, Laws of
1995, or this chapter is intqrded to authorize the county to impose impact fees, inspection fees, or
dedications or to require any other financial contributions or mitigation measures except as
expressly authorized by other applicable provisions of state law. [Ord. 8-06 $ U
JCC 18.45.080 - Final Docket - Plannine Commission and Board of Countv Compi,ssions
review
The following code is applicable only to the process to amendment the zoning and developrnent
regulations under the next section, JCC 18.45.090, and shall be ad&essed during the Planning
Cornmission and Board of County Cornmissioner's formal review and recommendation under
that section:
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(l)(b) Required Findings - Generally. For all proposed amendmerts, the planning commission
shall develop findings and conclusions and a recofilmendation which consider the growth
management indicators set fonh in JCC 18.45.050(4)(b)O through (4xb)(vii), as well as the
following:
(i) Whether circumstances related to the proposed amendment and./or the area in which it is
located have substantially changed since the adoption of the Jefferson County Comprehensive
Plan;
Staff Comment: the applicant suburitted the following suggested text as part of their application
MLA0840188 in resporse to this requirement for a finding:
"The proposal is a UDC amendment and arnendments to Title l7 and 18 Jefferson County Code
describing the zones and criteria for development of the Master Planned Resort at Brinnon.
During the adoption process for the Comprehensive Plan. Staff detailed a two-step process: (1)
define the nature of the plan amandmenl approved by the Board of County Commissioners, and
(2) develop and adopt implementing regulations and development agreement before any
development could occur. Step I was completed with the adoption of Ordinance 0l-0128-08.
This application is desigrred to start Step 2. The proposals put forth in the application arc in
furtherauce of that objective and the Goal of GMA to adopt development regrlations consistent
wilh the Comprehensive Plan. As the Brinnon Master Planned Resort amsfldrnmts to the
Comprehensive Plan were only adopted in January 2008, no implementing regulations or
development agreemert are presently available to judge any future development."
(ii) Whether the aszumptions upon which the Jefferson County Comprehensive Plan is based are
no longer valid, or whether new information is available which was not considered during the
adoption process or any annual amendmenls of the Jefferson Cor:nty Comprehensive Plan; and
StaffComment: the applicant submitted the following suggested text as part of their application
MLA08-00188 in response to this requirsrnent for a finding:
"As with itern one, this question is also answered by the comment that the proposed regulations
are developed as part of the two-step approval process oullined by Staff and approved by the
Board. The proposals before the County in this application serve to implement the conditions and
requirernents of the Master Planned Resort approved in Ordinance No. 01{12848."
(iii) Whether the proposed amendment reflects curent widely held values of the residents of
Jefferson County.
Staff Comment: the applicant submitted the following suggested texl as part of their application
MLA08-00188 in response to this requirernent for a fmding:
"On Januar5r 28, 2008, the Jefferson County Board of County Commissioners unanimously
adopted Ordinance No. 0l-0128-08 approving the amendment of the Jefferson County
Comprehensive Plan map to enable the Pleasant Harbor Master Plarned Resort at Brinnon as
depicted in Chapter I of the FEIS. The Comprehcnsive Plan adoption speaks to the public interest
and values of the residents of Jefferson Cormty. The developmant regulations and development
agreernent provide the specific means by which that interest may be accornplished."
JCC 18,.45.090 - Amendments to GMA implementine resulations
(1) Initiation. The text of the county's adopted Comprehensive Plan implementing regulations
(also referred to within this code as "development regulations") may be amended at any time,
provided the amendment is consistent with the Jefferson County Comprehensive Plan and Land
Use Map. Whsn inconsistent with the Comprehensive Plan and Land Use Map, the amendment
shall be processed concurent with any necessary plan amendments using the process and
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timelines for plan amendments set forth in this chapter. "Impleinenting regulations" means the
controls placed on development or land use activities by the county, including but not limited to,
this Unified Development Code, the Jefferson County Shoreline Master Program, or any other
official contols required to implement the plan (see RCW 36.70A.030), Proposed amendurents,
changes, or modificatiors may be initiated as follows:
(a) When consistent with the plan, at any time at the direction of the board of cormty
cornrnissioners or by the planning commission puniuant to RCW 36.70.550;
(b) When inconsistent with the plan, under the process and time lines for Comprehensive Plan
amendments by any interested person corsistsnt with this chapter; or
(c) lmmediately following or concrrrent with an amendment or amendments to the Jefferson
County Comprehensive Plan, the implernenting regulations shall be amended to be consistent
with the plan and Land Use Map,
Staff__Cgmment: this subsection applies since MLA08-00188 was subrnitted to the County
following approval of the amendment to the Cornprehaxive Plan to designated the Pleasant
Harbor Master Planned Resort under Ordinance No. 0l-012848.
(2) Notice.
(a) Proposed amendments to the implementing regulations pursuant to subsection (l) of this
section which must be processed concrrrently with an amendment to the Cornprehensive Plan
and Land Use Map shall be processed and noticed in the same marmer as plan arnendrnents
consistent with this chapter.
StaffComment: not applicable since the proposed amendment to the implementing regulations is
being processed separately from the Comprchensive Plan amendmsnt.
(b) Notice of any hearing on amendments to the implementing regulations generated by DCD
stafi the board of county commissioners or the planning commission outside of the annual
Comprehensive Plan amendment process shall be grver: by one publication in the official
newspaper of the county at least l0 days prior to the date of the hearing and by posting a copy of
the notice of hearing in the Jefferson County Courthouse.
Staff Comment: notice of the Plaruring Commission public hearing on January 6, 2016 to
consider the proposed amendment to the implemeirting regulations was published in the official
newspaper and posted in the County Courthouse on December 9, 2015.
(c) Any additional notice required by state or local law (e.g., statutory notice requirements for
amendmearts to the Shoreline Master Program), or deemed appropriate by the administrator, shall
be paid for by the applicant.
Staff Comment: the applicant has and shall continue to reirnburse the County for all expenses
related to noticing and mailing.
(3) Planning Commission Rwiew. The planning commission shall hold a public hearing on any
arnendment(s) to the implementing regr:.lations and shall make a recomrnendation to the board of
comty conrnissioners using the site-specific criteria set forth in JCC 18.45.080(l)(b) and (lXc),
as applicable.
Staff Comment: the Planning Commission public hearing was scheduled for January 6,2076 al
the Briruron School Gym staring at 6pm. The hearing will include a presentation by the
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Applicant, by Staff and testimony by the public on the proposed project and amendmenl to the
implernenting regulations. Subsequent meetings, times and dates to be determined, will be held
by the Planning Commission to deliberation and make a recommendation to the BoCC.
(4) Board of County Commissioners Review. The board of county commission€rs shall consider
the proposed amendments at a regularly scheduled meeting.
Staff Cornrnent: Staff shall place the proposed arnendments on the BoCC agenda to present the
frndings and recomrnendation of the Planning Comrnission as soon as feasible after the
recommendation is made.
(a) If after applying the criteria set forth in JCC 18.45.080(l)(b) and (lXc), as applicable, the
board of county commissioners concludes that no change in the recommendation of the plaruring
commission is necessary, the board may make a final daermination on the proposed
amendment(s) and adopt the amendments as recommendedby the planning commission.
Staff Comment: Staff shall have prepared an ordinance to adopt the proposed amendments
should the BoCC accept the Planning Commission recommendation.
(b) If after applyng the criteria set forth in JCC 18.45.080(1)O) and (lXc), as applicablg the
board of county commissioners concludes that a change in the recomrnendation of the plaruring
commission is necessary, the change sball not be incorporated until the board conducts its own
public hearing using the procedrxes set forth under JCC 18.40.310. The hearing shall be noticed
by one publication in the official newspaper of the coturty at least l0 days prior to the date of the
hearing, and by posting copies of the notice of hearing in the Jefferson Courrty Courthouse. The
notice and public hearing for proposed amEndrnsnts to implernenting regulations may be
combined with any notice or public hearing for proposed arnendments to the Comprehensive Plan
or for other actions of the board of county commissioners.
Slaff Cornrnent: since the BoCC must hold a public hearing on the DA, they may wish to
consolidation that public hearing with the hearing to amcnd the development regulations should
they determine a change to the Planning Comrnission recornrnendation is necessary.
(5) Transmittal to State. The administrator shall transmit a copy of any proposed amendrnent(s) to
the implementing regulations at least 60 days prior to the expected date of final action by the
board of county cornmissionetrs, as consistent with Chapter 36.70A RCW. The administrator shall
transmit a copy of any adopted amendment(s) to the implernenting regulations to OCD (State
Offrce of Community Development - now the De,partment of Commerce) within 10 days after
adoption by the board.
Staff Comment: Staff transmitted a copy of the proposed amendments to the Department of
Commerce on December 10, 2015. No final action by the BoCC rDay, nor is it anticipated that it
will, take place before February 10,2016 - sixty days from the date of transmittal to the State.
(6) Appeals. AII appeals to the adoption of any amendment(s) to the implernenting regrlatiors
shall be filed with and processed by the Western Washington Growth Management Hearings
Board in accordance with the provisions of Chapter 36.70ARCW. [Ord. 246 $ 1]
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STAIT RECOMMEhIDATION :
Based on ths preceding findings and conclusions, staff recommends that the proposal is consistent reith
the applicable codes, ordinances and statues, and that it satisfies all relevant review criteria. Approval of
the proposed arnendrnents to Title 17 and 18 of the Jefferson County Code and Developrnent Agreernent
between the Pleasant Harbor Marina and Golf Resort LLC should be granted subject to the following
conditions.
CONDITIONS
1. Adopt FSEIS Alternative #3 as the 'lreferred altsrnative" or "proposed action" under SEPA
wAc 197-11440(s).
2. The proposed amendments to Title I7 and l8 of the Jefferson Cotmty, and a Developrnent
Agreeurent between the Pleasant Harbor Marina and Golf Resort LLC and Jefferson County be
approved adopted and enacted by the Board of Jeffenon County Commissions by two separate
Ordinance.
3. The development agreernent include and adopt the "Master Plan for the Pleasant }larbor Master
Planned Resort," as required under ICC 18.15.126(l), which shall include required mitigation
measures and development rwiew checklists for use by Staff and the Applicant to snsure proper
design, review and approval ofsubsequent phases ofresort development.
4. An approved and fully executed development agreem€ot shall be recorded with the Jefferson
Courty Auditor at the Applicant's expense.
5. Explore the feasibility of creating a "reverue development area" @DA) within the Brirmon
LAMIRD (Local Area of More Inlense Rural Development) thnough the State's Local
Infrastnrcture Financing Tool (LIFT) to set aside a portion of the property and sales tax revsnue
ge,terated by the resort lo be used on infrastructure improvement projects that will benefit the
Brinnon commtrnity, such as re,novating the Community Center, developing affordable housing
and/or financing possible hook-ups to the Dosewallips State Park sewer system.
Prepared by:
David Wayne Johnson, Associate Planner
Jefferson County Department of Corununity Development
CC:sE"
ft..++
EXHIBIT A
rferf o6
STATE OF WASHINGTON
County of Jeffenon
AN ORDTNAnTCE APPROYING ONE l
COMPREHENSIVE PLAIY AMENDMBNT, }
FILE NUMBER }
MLA0G87 ISTATESMANI ]
OrdinanceNo. 01-0128-08
WHEREAS, the Board of Jefferson County Commissioners ("the Board') has, as required
by the Growth Management Act ("the GMA"),8s codified at RCW 36.70A.010 et seq., set in
motion and now completed the proper lrofessional review and public notice and comment with
respect to any and all proposed amendments tothe County's Comprehensive PIan originally
adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended, andi
WHEREAS, as mandated by the GMA, the Board has reviewed and voted upon the
proposed amendments to the County's Comprehensive Plan ("CP') that composed the 2007
Comprehensive Plan Amendment Docket ("the Docket'), and;
WIIEREAS, of the ten (10) proposals that compose the Docket, ttree (3) werc rejected;
one proposal, MLA07-104, has been forwarded to *re 2008 CP Cycle; the Board has approved or
approved with conditions six (6) of the remaining proposals, five (5) of which are analyzed in
Ordinance No.02-012 8-08 herein analyzed is only one proposal, MLA0G87
[Statesman], which was approved unanimously by the Board; and
WHEREAS, an adopting Ordinance is required to formalize the Board's legislative
decision with respect to MLA06-87, and;
WHEREAS, the Board makes the following Findings of Fact and Conolusions with
respect to the 2007 Cornprehensive Plan Amendment Cycle and thc amendment contained herein:
l. The County adopted its Comprehensive Plan in August 1998 and its development
regulations or Unified Development Code (UDC), Title l8 in the Jefferson County Code
(JCC) in December 2000- The CP was reviewed and updated in 2004.
2. The Growth Management Act (GMA), which mandates that Jefferson County generate and
adopt a CP, also requires that there be in place a process to amend the CP. The UDC
contains precisely such a process in Section 9, and in Title l8 in the JCC.
I
3. The amendment process for the CP must be available to the citizens of this County
[including corporations and other business entities] on a regular basis, In accordance with
RCW 36.70A.130, CP amendments can generally be consid€red'ho more frequently than
once per year."
4. This particular amendrnent "cycle" began on or before March 1,2007, the deadline for
submission of aproposed CP amendment.
5. MLA06-87 was timely filed on by March l, 2006, and carried over to the 2007 cycle in
Decernber 2006, because a separate environmental impact statement was deemed
nccessary, and this work could not be performed in 2006.
6- The 2007 CP process started with nine formal site-specific amendments and three
suggested amendments (for a total of twelve), all of which were placed on thc Preliminary
Docket tlrough the CP arnendment process contained at JCC Section 18.45.050.
7. The Planning Commission and the Board of County Cornmissioners held a joint workshop
on April 4,2007 to provide an opportunity for the site-specific CP amendment applicants
to make public presentations on their proposals.
8. The Planning Commission held a duly-noticed public hearing on the Preliminary Docket
on April 18, 2007.
9. The Planning Commission completed its recommendation on the Preliminary Docket on
April 18, 20A7, recommending that all twelve original CP amendment applications be
placed on the Final Docket.
I0. The Department of Community Development @CD) issued a Review of Prelirninary
Docket on May 7,2007, analyzing thc proposals on the Preliminary Docket and offering
the following recommendation: that two of the three suggested amendments be eliminated
from the Final Docket due to limitations on staffresources.
I I. The Board established the Final Docket on May 14,2007 as nine site-specific amendments
plus one suggested amendrnent.
12. The Department of Community Development (DCD) issued an integrated StaffReport and
State Environmcntal Policy Act (SEPA) Addendum on September 5, 2007, analyzing the
proposals on the Final Docket and offering preliminary recorrmendations for each.
2
13, AU of these amendments have been subject to a SEPA-driven analysis through the DCD
Staff Report and SEPA Addendum dated September 5,2007. In addition, a separate Draft
Environmental Irnpact Statement was published on this date pertaining to the site-specific
application analyzed in this ordinance, MLA06-87 (Statesman), with an associated 45-day
public comment period ending at close of business on October 24,2007, An associated
addendum issued with the Final Environmantal Impact Statement was published on
November 27,2007. For further analysis of the other five (5) amendments comprising the
2007 CP cycle,see Ordinance No. o2-01-?B-08
l4 The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact
Statement (FEIS) were undertaken and generated pursuant to the State Environmental
Protection Act (SEPA) and a determination by the SEPA-responsible offrcial that the
proposed amendrnent, MLA06-87, warranted a threshold "Determination of Significance"
(DS), and thus environmental review for any probable significant adverse environmental
impacts, althouglr the environmental review at this stage was the review appropriate for a
non-project action as that term of art is defined in SEPA.
The FEIS was prepared in conformance with SEPA requirements and the amendment in
this ordinance is the altemative identified in the DEIS as "the proposal."
The Planning Commission held a duly-noticed public hearing on MLA06-87 (Statesman)
on October 3,2007 . Oral public comment related to this proposed amendment was taken
during the public hearing, and written comments were accepted through the close of
business on October 24,2007.
The Planning Commission deliberated on MLA06-87 at special meetings on October 31,
2A07, and on November 14,2007, reviewing the growth management indicators, findings,
and conclusions relative to JCC 18.45, and completed recommendations on November 20,
2007.
The above statements indicate that the proposed CP amendment was and is the subject of
"early and continuous" public participation as is required by GMA.
The Planning Commission recommendations were transmitted to the Board ttrrough formal
memoranda dated November 28,2007, and are part of the reoord for the legislative
decision.
t5.
16.
18.
t?.
3
19.
20. The Planning Commission recommended to the Board seven conditions be attached to
apgoval of this proposal, MLA06-87 [Statesman]. The conditions were included in the
Planning Commission recommendations specific to this proposal.
21. The FEIS and addendum associated with this proposal were published on Novembrr 27,
2007. Initial scoping identified probable significant adverse impacts. Public comments
elaborated on those concerns, and the final EIS included staffresponses to l7 different
categories covered in over 400 public cornment letters, expressed orally and in writing by
the public and by various local and state agencies regarding this application during the
public comment period.
22. The FEIS detailed mitigating conditions resulting from these comment letters as specified
in Chapter 5, overall representing a meticulous and thorough response to the concerns of
the citizens and agencies, precisely what is intanded by SEPA.
23. The Board held a duly-noticed public hearing on December 3,2007 and continued this
public hcaring on December 6,2007, closing the public comment period on December 7,
?007. The Board did consider all public comments received.
24. The final DCD staffrecommendation was presented to the Board during the December 3,
2007 and December 6,2007 public sessions in which the Planning Commission
recommendations were also presented.
25. The final DCD staffrecommendation did not match the Planning Commission
recommendation for approval, having different proposed rnodifications attached.
26. On December 10, 2007, the Board signed Resolution No. I 13-07 extending the timeframe
for the legislative decision on the proposed amendment to January 14, 2008.
27, All procedural and substantive requirements of the GMA have been satisfied.
28. The Board of County Commissioners deliberated and decided to approve the Statesman
proposal on January 14, 2008.
29. DCD staffpresented to the Board a l4-step process for decision-making. Step l: It was
moved and seconded "to approve the Statesman proposal as revised with conditions, and to
amend the Jefferson County Comprehensive Plan on pages 3-23 and 3-45.
4
Step 2: The Comprehensive Plan land use map designations on page 3-45 for this area
would be changed to reflect a Master Planned Resort as outlined in the November 27,2007
Final Environmental Impact Statement on page l-4." See Exhibit *8" to this Ordinance.
30. Step 3: The Board was required to apply criteria from JCC 18.45.080, generally referred
to as deliberations, findings and conclusions, and growth managemcnt indicators.
31. Step 4: The Board entered an affrrmative statement that consistency withthe Growth
Management Act, specifically RCW 36,70A.360(l) through (4), is achiwed, as each of the
pertinent criteria are met by this proposal.
32. With respect to RCW 36.70A.360(l), the Board hereby enters an affirmative staternent that
the proposed Master Planned Resort would be a "self-contained and fully integrated
planned unit development, in a sening of significant natural amenities with primary focus
on destination resort facilities consisting of short-terrr visitor accommodations."
33. With respect to RCW 36.70A.360(a) the Board hereby enters an affumative statementthat
its CP alrcady includes policies to guide the development of new MP& the CP and the
related development regulatiorul serve to preclude urban or suburban land uses in the
vicinity of the MP& the land at the site in question is bctter suited for an MPR than for the
commercial haryesting of timber or agricultural production, the MPR plan is and will be
consistent with all GlvlA-derived development regulations relating to GIvIA critical areas
and all on-site and off-site infrastnrctue and service impacts have been fully considered
and will be mitigated as the MPR is implemented first through a dwelopment agreement,
internal zoning map and internal zoning code, then through plat and permit review and
possible issuance of permits and, with all the prior items accomplished, finally with the
issuance of building permits.
:
34. Step 5: The Board entered an affirmative statement that consistency wittr the Jefferson
County Comprchensive Plan, specifically Land Use Policies 24.1-24.13, has been achieved
by the applican! as each of the pertinent criteria are met by this proposal. By way of
example only, the Board's affirmative finding that the site of the proposed MPR is better
suited to become an MPR than it is to be thc site of a commercial timber hanrest serves to
satisfu the condition laid out in the CP at LNP 24.4, found at p. 3-65 of thc CP. The area is
5
zoned Rural Residential and not Commercial Forest under the Growth Management Act,
and therefore this finding is not required within the proposal.
35, Step 6: The Board entered an affumative statement that consistency with the Brinnon Sub.
Area Plan, adopted on May 1,2002, specifically Goals 1.0 and Policies l.l-1.3, is
achieved, as each of the pertinent criteria are met by this proposal.
36. Step 7: With respect to JCC 18.15.126, the Board affirmed that only a Cornprehensive
Plan amendment application was under consideration, and that the development agreement
and zoning code guiding tv[PR projects will come befors it in a subsequent process after
the adoption of this CP amendment. A subsequent development agreement and zoning
code shall be consistent with this CP amendrnent. This criterion applies to cach of the
following code references contained within Step 7.
37 . With respect to JCC 18. 15.025 and JCC I8.15. I l5 on land use districts, the Board
concluded that new zoning code language will be developed at a later phase, describing a
second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR
currently designated under the CP.
3E. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on
purpose and intent, and consistency with RCW 36.70A.360. A new MPR is thus
appropriate at this location.
39. The Board further determined that in accordance with JCC 18.15.123, a subsequent
development agreement and zoning code will ensure consistency with said section.
40. The Board affirmed that the provisions of JCC 18.15.129 are applicable to this proposal,
pertaining to the nature of the application as a Type V legislative process, and include a
draft rnaster plan (summarized in the FEIS), a site-specific CP amendment, and require a
development agreement at a later phase in the process.
41. The Board aflirmed that decision-making authority is granted to the Board under JCC
18.15.132, after ensuring the veracity of the planning commission process, and after
reviewing its recommendations. A development agreement and zoning code will be
developed in a subsequent phase.
6
42. With respect to 18.15.135, the Board concluded that the application to develop will take
place at project-level phases subject to the development agreement and zoning code,
consistent with this approval of the CP amendment.
43. The Board determined that 18.15.138 shall be amended at a later date to include revisions
and/or additions to Title 17, in order to establish a zoning code for the Brinnon MPR. This
shall be accomplished through a Type V legislative process.
44. Step 8: With respect to the directives set forth in RCW 36.70,the Planning Enabling Act,
the Board concludes that all steps in the process were conducted properly, including the
application submittal; the public process, review, and recommendations by the Planning
Cornmission; the public process conducted by the Board; its own findings; and its position
as the sole decision-making authority whereby the Planning Commission's
recommendation is advisory only and the final determination always rests with the Board.
45. Steps 9-I4: The Board determined that the procedural requirernents of JCC Section
18.45.080(2Xc), in which for all adopted amendments the Board shall develop findings
and conclusions which consider the growth management indicators set forth in a) JCC
Section 18.45.050(4Xb) (i) through (vii, and b) items (i) through (iii) in JCC Section
18.45.080(lXb), have been met. Findings and growth management indicators are further
explained below.
46. SEPA mitigations called out in Chapter 5 of the FEIS shall be adhered to through
development of a zoning code, development agreement, and any permit applications.
47. Further conditions of approval are identified in itern # 63 Oelow). The Board directed
staffto prepare this ordinance, provide for legal review, and prepare a record identiffing
all components of this CP application process.
48. Further, the Board voted unanimously to amend the CP.
49. JCC Section 18.45.080(lXc), which contiains eight criteria from which the Board must
generatc findings, is applicable only to site-specific Comprehensive Plan amendments.
50. Inquiry into the growth management indicators referenced above was begun for the 2007
Docket through the DCD integrated StaffReport and SEPA Addendum of Septernber 5,
2007. The Board's findings and conclusions with rcspect to the growth management
7
53
51.
52
54.
55.
56.
57
indicators are augrnented by the September 5, 2007 staff findings and conclusions, except
when and as noted below,
With respect to JCC Section 18.45.050(4XbXi), which asks whether assumptions regarding
growth and development have changed since the initial CP adoption, the Board soncludes
that census data indicates that the population growth rate in this county has slowed in the
last two to four years, and is slower than projected.
With respect to JCC Section 18.45.050(4xbxii), which asks whether the capacrty of the
County to provide adequate services has diminished or increased, the Board concludes that
this CP amendment as conditioned will not impact the ability of the County to provide
sernces.
With respect to JCC Section 18,45.050(4xbxiii), which asks if suffrcient urban land is or
has been designated within the County, the Board concludes that this proposal may
constitute additional urban lands (as allowed under RCW 36.70A.360) to the Jefferson
County Comprehensive Plan amendments made effective by adoption of this Ordinance.
With respect to JCC Section 18.45.050(a)$)(iv), which asks if any of the assumptions on
which the initial CP was based have become invalid, the Board concludes that the
assumptions upon which the CP is based have generally not changed.
With respect to JCC Section 18.45.050(4)(b)(v), which asks if any of the countywide
attitudes upon which the CP was based have changed, the Board concludes that the
countywide attitudes have not generally changed since this CP amendment was submitted.
With respect to JCC Section 1E.45.050(aXb)(vi), which asks if there has been a change in
circumstance that may dictate the need for an amendment, the Board concludes that a
conceptual Brinnon MPR was identified in the Brinnon Sub-Area Plan adopted into thc
County's CP on May I ,2002, and that therc have not been any overarching or countywido
changes in circumstances that would dictate or require a shift in the policies reflected in
the CP with respect to MPR designations.
With respect to JCC Section 18.45.050(a[b)(vii), which asks if inconsistencies have arisen
between the CP, the GMA and the Countyvide Planning Policies, the Board concludes that
these amendrnents do not reflect any such inconsistency, since a variety of rural residential
densities is maintained even after adoption of this CP amendment.
8
58. Pursuant to JCC Sections 18.45,080(2)(c) and 18.45.080(lxb), the Board linds that:
(l) Circumstances related to the proposed amendment and/or the area in which it is
located have not substantially changed since the adoption of the Jefferson County
Comprehensive PIan.
(2) The assumptions upon which the Jeffcrson County Comprcheirsivc Plan is based
continue to be valid.
(3) Based upon public testimony, the proposed amendment may reflect current widely
held values of the residents of Jefferson County.
59. In addition to the required findings set forth in JCC Section 18.45.080(1)0), in order to
recommend approval of a forrnal site-specific proposal to amend the Comprehensive Plan,
the Board must also make eight (8) findings as specified in Section 1E.45.080(lXcXi)
through (viii).
60. Pursuant to JCC Section 18.45.080(l)(c), the Board enters the following findings:
(i) The proposed site-specific amendment meets conclurency requirements for
transportation and does not adversely affect adopted level of service standards for other
public facilities and services (e.9., sheriff, fire, and emergency medical services, parks,
fire flow, and general govemmental services).
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan.
(iii) The proposed site-specific amendment will not result in probable significant
adverse impacts to the county's transportation network, capital facilities, utilities,
parks, and environmental features that cannot be mitigated, and will not place
uncompensated burdens upon existing or planned service capabilities.
(iv) The subject parcel is physically suitable for the requested land use desiguation and
the anticipated land use development, including but not limited to the following:
a. Access
b. Provision of utilities; and
c. Compatibility with existing and planned surrounding land uses.
9
(v) The proposed site-specific amendment will not create a pressure to change the land
use designation of other properties, unless the change of land use designation for other
properties is in the long-term best interests of the county as a whole.
(vi) The proposed site-specific amendment does not materially affect the land use and
population growth projections that are the basis of the Compehensive Plan.
(vii) Ifwithin an unincorporated urban grourth area (UGA), the proposed site-qpecific
amendment does not materially affect the adequacy or availability of urban facilities
and services to the immediate area and the overall UGA.
(viii) The proposed amendment is consistent with the Growth Managernent Act (Chapter
36.70A RClVl, the Countywide Planning Policy for Jefferson County, applicable inter.
jurisdictional policies and agreements, and local, state and federal laws.
6l, Master Planned Resorts are governed under a distinct statutory provision within the GMA.
They are not Rural Lands, and thus are not Limited Areas of More Intensive Rural
Development (LAMIRDs). Instead, RCW 36.70A.360 provides that new MPRS "...may
constitute urban growth outside of urban growth are:rs as limited by this sestion."
62. MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for
a Master Planned Resort (tvfR) designation. (Sec Exhibit A for the complete legal
description and Exhibit B for a map.)
63. In consideration of the public interest, and pursuant to the authority that is granted the
County legislative authority under SEPA by RCW 43.21C.060, WAC 197-l l-660 and
Jefferson County Code 18.40.770, the Board enlers certain of the following conditions for
approval ofthe CP amendment MLA06-87, recognizing that certain of thc conditious
listed here are imposed not in reliance upon SEPA but instead pursuant to the Board's
general police power as a legislative body [arising from Article XI, $ I I of the State
Constitution and RCW 36.32.120(7)], particularly conditions d, e, f, g, v, x, aa and bb:
a) Any analysis of environmental impacts is to be based on science and data pertinent to
the Brinnon site. This includes rainfall projections, runoffprojections, and potential
impacts on Hood Canal.
t0
b) All applications will be givan an automatic SEPA threshold determination of
Determination of Significance (DS) at the project lwel except where the SEPA-
responsible official determines that the application results in only nrinor constnrgtion.
c) The project developer will be required to negotiate memofiLnda of understanding
(MOU) or memoranda of agreement (MOA) to provide needed strpport forthe Brinnon
school, fire district, Emergency Medical Services (EMS), housing, police, public
health, parks and recreation, and transit prior to approval ofthe development
agreement. Such agreements will be encouraged specifically benreen 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.
d) A list of required amenities shall be in the developmemt agreement along with
conditions for public access.
e) Statesman shall advenise and give written notice at libraries and post offtces in East
Jefferson County and recruit locally to fill opportunities for contacting and
employment, and will prefer local applicants provided they are qualified, available, and
compctitivc in terrns of pricing.
0 Statesman will prioritize the sourcing of construction materials frorn within Jefferson
County.
g) The developer shall commission a study of the number ofjobs expected to be created
as a direct or indirect result of the MPR that earn 807o or less of the Brinnon area
average median income (AMI). The developer shall providc affordable housing (e,g.,
no more than 30% of household income) for the Brinnon MPR workers roughly
proportional to the numbsr ofjobs created that earn 80% or less of the Brinnon area
AMI. The developermay satisfr this condition through dedication of lan4 payment of
in lieu fce, or onsite housing development.
h) The possible ecological impact of the developrnent's water plan that alters kettles for
use as water storage must be exarnined, and possibly one kettle preserved.
i) Any strrdy done at the project level pursuant to SEPA (RCW 43.211>shall include a
distinct report by a mutually chosen environmental scientist on the impacts to the
hydrolory and hydrogeology of the MPR location of the developer's intention to use
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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.
j) Tribes should be consulted regarding cultural resources, and possibly one kettle
preserved as a cultwal resource.
k) As a condition of devclopment approval, prior to the issuance of any shoreline permit
or approval of any preliminary pla! there shall be executcd 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 culfural resolrrces
management plan to assure archaeological investigations and systematic monitoring of
the subject properly prior to issuing permits; and during consbuction to maintain site
integrity, provide procedures regarding future ground-disturbing activity, assure
traditional tribal access to culhml properties and activities, and to provide for
community education opportunities.
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 forvehiclc collisions on U.S. Highway l0l, to reduce the conflicts resulting
from wildlife foraging on high-value landscaping and atfiaction to fresh water sources,
to reduce the dangers to predators athacted to the area by prey or habitat, and to reduce
any danger to humans.
m) No deforestation or grading will be permitted prior to establishing adequate water
rights and an adequate water supply.
n) Approval of a Class A Water System by the Washington De,partment of Health, and
approval of a Water Rights Certificate by the Department of Ecology shall be required
prior to apptying for any Jefferson County permits forplats or ffiy new development.
o) Detailed review is needed at the project-level SEPA analysis to ensure that water
quantity and watsr quality issues are addressed. The estimated potable water use is
12
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.
p) A Neighborhood Water Policy shall be established that requires Statesman to provide
access to the water system by any neighboring parcels if saltwater intnrsion becomes an
issue for neighboring wclls on Black Point, and reserve areas for additional recharge
wells will be included in case wells fail, are periodically inoperable, or cause
mounding.
q) Stormwater discharge frorn the golf course shall meet requirements of zero discharge
into Hood Canal. To the extent necessary to achieve the goal of designing and
installing stormwatsr management infrastnrcnres and techniques that allow no
stormwater nrn-offinto Hood Canal, Statesman shall prepare a soil study of the soils
present at the MPR location. Soils 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.
0 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 includc
regular offsite sampling of pollution, discharge, and/or contaminant loading in addition
to any onsite monitoring regime.
s) The dcveloper must ensure that natural greenbelts will be maintained on U.S. Highway
l0l and as appropriate on the shoreline, Statesman shall record a conservation
easement protecting greenbelts and buffers to includc, but not be limitcd to, a 200-foot
riparian buffer along the steep bluffalong the South Canal shoreline, the strip of mature
Eees between U.S. Highway 101 and the Maritime Village, wetlands, and wetland
buffers. Easements shall be porpetual and irrevocable recordings dedicating the
property as natural forest land buffers. Statesman, at its €xpense, shall manage these
l3
easements to include removing, when appropriate, naturally fallen trees, and replanting
to retain a natural visual separation of the devclopment from Highway l0l.
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 managemext progranr to eliminate,
minimize, and fully mitigate any changes arising from the resort, and related to
Pleasant Harbor or the Maritime Village.
u) In keeping with the MPR designation as located in a setting of natrnal amenities, and in
order to satisfy the requiremenB of the Shoreline Master Program (JCC
18,15.135(l),(2),(6), the greenbelts ofthe shoreline should be retained and maintained
as they currently exist in order to provide for'1he screening of facilities and amenities
so that all uses within the MPR are harmonious with each otheE and in orderto
incorporate and retain, as much as feasible, the preservation of nafural features, historic
sites, and public views." In keeping with 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 dwelopment 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 tees and shrubs.
v) In keeping with an approved landscaping and grading plarq and in order to satisff the
intent of JCC l8-15.135(6), and with special emphasis at the Maritime Village, the
buildings should be constructed and ptaced in such away that they will blend into the
terrain and landscape with parkilike greenbelts bctween the buildings.
w) Construction of the MPR buildings will be completed in a rnanner that stives to
preserve trees that have a diameter of l0 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 consbrrction. To the extent
possible, trees of significant size (i.e., l0 inches or more in diameter at breast height
(dbh)) that are rernoved during constnrction shall be made available with their root
wads intact for possible use in salmon recovery projects.
l4
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,'lrornote design and consh.uction
practices that increase profitability while reducing the negative environmental impacts
of buildings, and improving occupant health and well-being."
y) There shall be included as a best management practice for the operation and
maintenance of a golf course within the MPRthat 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.
z) Statesman shall use the International Dark Sky Association (IDA) Zone E-l standards
for the MPR. These standards are recommended for "areas with intrinsically dark
landscapes" such as national parks, areas ofoutstanding natural beauty, or residential
areas where inhabitants have expressed a desire that all light trespass be limited.
aa)In fostering the economy of South Jefferson Couuty 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 the ratio of 65%
to35Yo of rental and time-shares to permanent residcnces per JCC 18.15.123(2).
bb) Verification of the ability to provide adequate electrical power shall be obtained from
the Mason County Public Utility District.
cc) Statesman Corporation shall collaborate with the Climate Action Committee (CAC) to
calculate greenhouse gas emissions (GHGs) associated with the MPR" and identiff
techniques to mitigate such emissions through sequestration and/or other acceptable
methods.
dd) Statesman Corporation is encouraged to work with community apprenticc groups to
identiff and advenise job opportunities for local students.
l5
NOW, TIIEREFORE, BE IT ORDAINED as follows:
$ection One: Under MLA06-87 [StatesmanJ, the map of Comprehensive Land Use Designations
is hereby amended to reflect that the parcels ofproperty located in Brinnon, Washington, and
found in the legal description (see Extribit A to this Ordinance) accompanying this CP
application, shall be given in their entirety an underlying land use designation of Master Planned
Resort.
Section Tw_o: The Comprehensive Plan narrative on pageS-23 would be amended to add
language below the last paragraph that would read:
Early in 2008, Jefferson County designated a new Master
Planned Resort (MPR) in Bri-nnon. The new Master Planned
Resort is 256 acres in size and includes the Pl.easant
Harbor and Black Point areas. The Marina area is
existing and would be further developed to include
additional commercial and residential uses such ag
townhouses and villas. The Black Point area of the new
resort would include new faclLities such as a golf
course, a restaurant, a resort center, townhouses,
villas, staff housing, and a community center. The
overall residential construction would not exceed 890
total units.
Section Three: If any section of this Ordinance is deemed eithernon-compliant or invalid
pursuant to the Growth Management Act, then the development regulations and/or underlying
zoning designations applicable to that parcel or parcels prior to adoption of the non-compliant or
invalid section of this Ordinance shall be applicable to that parcel orparcels.
Seclion F_our: If any section of this Ordinance is deemed either non-compliant or invalid pursuant
to the Growth Management Act, such a finding of non-compliance or invalidity shall not nulli$
or invalidate any other section of this Ordinance.
Sectio.g Five: The map and legal description are hereby incorporated by attachment.
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Section Sixt In consideration of the weather emergency situations of December 2007, and within
the overall public interest, the Board extended the decision date on these CP amendments to
Ianuary 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the
MPR for Black Point met the legislative intent of Resolution I l3-07 as the decision date for the
legislative decision. This Ordinance becomes effective on the date it is executed.
AppRovED A]\tD ADOPTED this 28th day of Januarry 2008.
JEFFERSON COUNTY BOARD OF COMMISSIONERSu
a
PhiI
t
CMC
Deputy Clerk of the Board
Approved as to form:
David Alvarez, Deputy
3)z$8
Attomey
t7
I r0
a.
ArrEsq . ?J O
ExhibitA Ondilance No. 01-0128-08
The Pleasant HarborMastcr Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101,
and together with DNR leased tidelands supporting the Pleasant Harbor Marina.
PARCSL A:
?hc NorEheaac L/4 of Ehr gouthweeE L/4 ol SecEion 15, TohrnshiD 25NorEh. Rollge 2 llcet, W.M., ln ifGf fersoE County, l0aetri.ngton;
TOGETEER WIfE a perpeEual non-excluslvp)5""ornont tor toad andqtrllEy purpo€€s chrough, acroas rnd ovrr uhc followlng detcrlbcdprop.rty t,
Bcginnlng rrt chc goutbcast carn?tr of the SouEhwesE 1/,1 of Ehe
NorEiweBt, L/'t of Bald SecElon L5 Ithenca run 9lcst, along the South linc of aaid Southvest L,/{ of
the NorEhwest t/4, approxirnaEcly 1?5 laeE Eo the Eoutharly line
of Blaok Polnt Cou:tty Road,.
thence NorcheaeEerly, along gald SouEhcrly 1lna, to a potnt 30feaE Norlh o{ sald SouEh llne rhen maaaured at rtghc anglcg;thencc Ear!. parallcl tso .aid goueh line, Eo E,hc Eaet llns ofgald SouEhreeE, 1/{ ol che Northseot 1./{,tlonce Souuh 30 foet. to the polnc of beglnnlng;
iq.!trD ov6r and acroes Ehe !{eat 30 feet of tbe South 30 fect ot
ClovernmenU IJoE { ln aald Scction 15.
SiruaEe tn Ehe County of rfetfcrron, gEata of t0aahLngton.
P}RCEL B:
Thc Easc L/2 of Ehe l,trort,hweac L/a of rhe Southrreet ,,l+ ol 8€ction15, Towoehtp 25 Nortsb, Range 2 n€st, 91,H., ln Jettereon counEy,
l{aahingEon
SXCEPT chac port,lon Ehereof, fyfuU wlthln & strlp ol landconvcyed to Ehe SEatc of llarhlngeon, for gtate Road No. 9.
Duckabush Rlver-Nort,h gcseton, by dard dated Augruet 28, 1933, andrcsorded under Audl.tor'e FlIe !go. ?OBl?, rocorde ol Jef,fereonCounty, lrlashington.
gleuaEc tn the eounty of .7e,tfnrson, SCaEG of tfaahinggon.
w999.97 7 4tL.FfrAL I 3 889965. I
PARCELT C:
Those portions of, SeeElons 15 and 22, both in Township 25 NorEh,
&ange 2 West, !{.M,, Jeffereon County, }IeshLngton, deacrlbed as
follows:
The gouthwest, 1/4 of the Southeast 1/,{ and Governme}rc Lot. ? of
sald Sectton 15, arrd Governrpnt, Iots 2 and 3 of sald Sectlon 22i
EXCEPT t,hoee poruions chereof, ly1ng Eask of tha Hestr line of rhe
Eaet 695.00 feet of said SouthreeB Ll4 ol cbc BouthEasE 1/{, and
East. of the Southerly prolongaEion of eaid wesE llne;
AIrSO EXCEPT Ehab portion of the Tlest 100.00 fear of sald
Government Irot 7, lying goutherly of fhe Ncreh 539,00 feeL
thereof
TOGEIIIER WITtI Eidelands of the Second C].aee, as conveyed by rhe
StaEe of Washingcon, slt,uate !n front of,, adJacent to and
abut,tlng upon the West ll2 Ln wldth of said Governnent Lot 2, Insaid Section 22.
Sltuate in the CounEy of ireffergon, State of WashingEon.
PARCEI, D I
Thac poruion of the Northwest 1/4 of Ehe SouEheagt, 1/{ in Sectlon
15, Tovmship eS North, Range 2 ttast W.Fl., lytrrg Soutberly of t.he
Black Polnt, Road as conveyed to,feffereon CounEy by deed trecorded
under AudiEor'e Fl1e Nos 223427, recorde of Eaid County;
EICBPT thaE porElon <ieeeribed as follows:
Thac porEion of t,he Northlrest, 1/{ of che SouE,heas E Ll4 of SecEion
15, Townahtp ZS North, Range 2 Weat,, !f,M., descrtbed ae folloea;
Beg1nnS.ng at the polnt of lncersrecgto[ of ghe EasE lino of the
Northwegt Lla of che goutheast 1/{ and Ehe Southerly margin ofthe Black Polnu Road;
theace Sourh along t,he aald Basc llne, a dlatance of 300 feeEi
t.hence Weer 350 EeeE;
thence North uo t.he PolnF- of lntereeetion wlEh Ehe SouEherly
margin of Ehe Elaelc Polnt Roadithenee EaoBerly along sald Soubherly margin Eo Ehe Point ot
Beginnlng,
Sltuate ln Ehc CounEy of iloffergon, SEate of Washittgton.
9,899.977 {|LEGAL I 38t9965. I
PARCEL EI
thau porrlon of Ehc SouthyresE 1/4 of the NorEhrrest l/4 of Section15, Tbwnohlp 25 NorEh, Range 2 West, w,M., ae follocre:
A strlp of land 25o feeE wide lying Eascerly of and parallel Eo
Ehc sourheasEerly rlghE-of,-way of EtaEe Fltghway 1011
ExcEPf Ehc right, of vray for Btack PolnE Road as conveyed to
,.Tetferson CounEy by cleed recordod under Auditor'e Ftl.e tlo. 223427
arrd {10339, records of rTsffcrson CounEy, lVaehingcon.
AIso EXCEPTING THERSFROM t,he followlng deacribed Eract:
Bcglnning at Ehe Soughwcats corncr of, OovornmcnE LoE 3;
Clence w6rth 88n 23' o7" weoE,309.L4 feet. to Ehc Southaasterlyrtght-of-uay of, 9Eate Htghway No. IO1. and t.he tRfrE POfNT OP
BEETNNING,
Ehence 8ouEhweeterly along eatd High$ray, 1l? fset,
Ehence souE,h 88'23' o?x Eaat, to a poinE 175 f,eeE, lrlest of uhe
htgh Eide line;
Ehence NorEheaatcrly Eo a point on Ehc ti&orth line of Ehe
SouEhwest L/c ot thJ Northwcit L/4, loo feeE wesE ol aaid high
trde linel
Ehence NorEh 88 " 23' O?i ,lest to the TRIIE POIIrt OP BEGfNNING of
Ehia excepulon.
Sitruate 1n the counLy of Jefferson, gEaE€ ol washingcon.
PA}TCSL P:
IJou 1, of, Wac€rtouch shorE PIaE, aE rocorded ln volume 2 of thortPlats, pageE 2 05 and x,OG , recorde of .fef,f,erson County,
Washlngton, being a porELon of, Sect.ion 15, Townahlp 25 Nertsh,
Ranga 2 west, ll.!1., ,feffarson CounEy, WaahlngE,on.
Sit\raEe 1n the County p! Jefferson. SEaEG of !{aehingEon...
PARCTI, G:
Lor, 2 of Warertouch Shorg PfaE, ac recoEded ln Volurne 2 of $horuPlatss, peges 2O5 and 206, records of ,Feffereon eounty,westrlngton, belng a porElon of SaeElon 15, tow:srhlp 25 Nort,h,
Ranga 2 1.16st,, w.M.. Jeffsreoo CounEy, gtahinEBon.
SiEuaEc ln Ehe County of Jefferson, gtate of tlashingtson.
99999 -97 7 4 TLEAA L r 3889965. I
PARCEI, H;
IJot 3 of WaEertouch thorE PlaE, ao rccgrded in Volume 2 of thortPlat.s, pageg 2o5 and 206, rccorda of Jef fergon County,glaehl,ngton, being a porEion oE Sgctlon 15, Tornahlp 25 North,
Range 2 weef,, W.M., .TefEereon County, lfaehingtoh.
SiLuate in trhe County of ,JeIfarson, 6taEe of llashington.
PARCEI. I:
trroE 1, Pleaeaut Irarbor Marlna Shoru Plat, aE per plat recorded ln
volurne 2 of ShorE Pletg, pages 22L Lo 223 and amended in volume
3 of Short Platrs, prges I Eo 10, records of ,fefferson County,
waahington, EXCEPT tshaE, porcion of lot 1 deecribed aa foll,oug:
That porbion of Governmenu Lot, 3 abuEuing 2nd claeg Eldelands in
Section 15, TownohLp 25 Nort,h. RaJrgs 2 West, Iif .M. , Jef fergon
County, washlngEon, belng more partlcularly deccribed as followsr
Comrrencing at ube North 1,/4 corner of Sect,ion 15, lorrnship 25
NorEh, Range U llgeE, lI.M., Jefferson County; llashington;
bhence South 8S- 13' 42" East. al.ong Ehe North llne of Eaid
Sectlon 15 for a diatance of, 36{.50 f,eet Eo che point of
beglnning;
EhInce continuing south 88'13' 42r EasB 238.75 feet to Ehe llne
of nrean high ride;
Ehence souEn et'i.z' 00tr l{eet along rhe line of mean high cide
3{,78 feeE;
Ehence ttorttr 40" 41, 5{x lteat, along the line of mean high lide
3 .31. feeE ; -E,hencc SouEh 62" 36' 19'r 9legt, along the l1ne of r$aan htgh tide
26. S3 feeE; -
Ehence Sourh 870 -5{', 35" }Ieet, 166,55 faet;
thence North 21! 21'05. ltest,43,O0 feet, Eo Ehc poinE of
beginning.
AND AIJSO EXCEPTING Eecond C16ss E,ldeland as conveyed by the SEatseof tlashlngtron, in front of, adJacent Eo eild abutting Lhe above
degcribed excepEed uplande.
SiEuaEe ln Ehe County of .retfereon, State of t{aahiagEon.
99D99 -97 ? 4 TLEGAL I 38 89965. I
PARCET' J: sozl63ota (
IJoE 2, PJeaeaaE llarbor t{arlna ShorE P1eB, aE PGr Plag rcc<rrdcd in
Volurrc 2 of Short Plata, pagcs 221 bhrough 223, and amcnded ln
volurne 3 ol ShorL Flatsr, piger 8 rhrough 10, rccords of.feffcrson
CounLy, Wa.ahington -
TOAEI?IER HITH second claae Eidelands, aa corrr/eyad by the SEaEB of
l\laahington, eltuate ln lrqtc of , adJacenE Eo and alucCing
Ehereon.
SlEurEe t.D tshe Councy of rfettardon, 8taE,a of tvlahlngEon.
PARCEIT I(r E;oZl {l*o Epotr't
Thoec ;rcrtions of Ehe Southwcat LlA of, the gouEheaec Ll1 of
sectlon 15, and GsvernmenE Lou Z of gectton 22, both in torrnahlp25 North, Range 2 west, t{.l'{., .}ef,ferEon CounBy, ltashlrrgrEon,
deecrlbcd as lollowa:
the Boat 3,r5.Oo fceE of said Eouthsaat L/4 ot. th6 SouthearE,1/4,
aE m;aaurcd elong t,hc llorth lLnc Ehereof ;
ylng
Eaet,
Sltsuate in tsh,e Countsy of Jef,forgon, ScrCe ol waehingEon-
PARCETT L,r goztf ?El Joo* Mfwr6
rboBc porEione of thc Eouthr,lepB Ll4 of the SouthragE Ul otsectlon 15, and csternmoDg Irot 2 of Oecglo'fl22, both ln tbrnrhlB25 Norgh, Range 2 Wegt, F,H., Jettorson gounEy, gtrhlngEql,
deocrlbed as folloeas
fhe EaeE,52o.oo fseE lasa Ehc ErBt 3{5.00 fcer of aald SoubhuertL/l of tho SouEbsagt t/4, as rnaerured along Ehe Nortrh llnr
uhereof
TogtTltER I.IITH that, portlon ot eald GovrrnmenE IJoE 2 lyinE Baacof the southerly prolongatJ.on ot Ehe I{GBI llne ol said Er|t
520.00 teeE and West of the Southcrly prolonEaBlon of Ehc Erst
1!ne of pald EaeE 345.00 fect.
Sluu.Ec ln thc qounEy ol Jetlcruon. 8tac. of, t{aahlngftob.
rOGETHER 9|I'IH thaE po:.tlon of raid Govertrrent IdE 2 Ithe southarly pro),ongaelon ot Ehr llerc llne of sald
feet I
EaEt of
3,15, OO
9W99 -97 7 44LEAAL I 3889965. I
FARCET., M;' ,oatSaZZ Chopces fllnprc€
Thoee porBione ot ths southsest L/4 of Ehe Soueheast L/4 ofSectlon l,5r and ClsvefnrnsirE l,ot 2 of SccEion 22, bottr ln Torrnahip?5 .Norgh;.;, :Rangre 2 {eesg;l W.!{.. . Jeflerson Ocutsny, WaehtngEon,degcrtbsd:as followE+ . i. '.:'
The EasE 595,00 feets'Ieeg.th€ EaEt 520.00 f,eec of said SouthlresEt/4 of the Southciet "L14, aa tsea'sured along ehe North llnothereof.
TOGETHBR WITB Lbau portion of said Go'nprrunGnE Lot 2 J.ying East of
Eh€ souEh€rly prolon€raE,iori of th€ 9|cetr llne ot sald BasE 695.00feet and ltegt of ehe Southerly prolongrElon of Ehe Eart linr of
said EagE 52O.OO f.":,.
.
sltsuaEe ln che CounEy of :JefferBoD, SEate of l{ashlngt,on"
Parcel N: 502152017
Lot 4 of Watertouch Short Plat, as recorded in Volume 2 of Short Platq pages 205 and
206, records ofJcfferson County, Washington, bcing a portion of Section 15, Township
25 North, Range 2 West" W.M., Jefferson County, Washington.
t
t
'I
?oo6, at 6:oo .l.Fr.
9999-977 44LEGAL I 3889965. I
Ordinance Nurnber:01-0128-08
Exhibit B
MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR
NOTICE OTADOPTION BY TIIE
JETIFERSON COUNTY BOARD OT COMMISSIONERS
OF COMPREHENSTVE PLAN AMEIYDMENTS
NOTICE IS ITEREBY GIyEN that the Board of County Commissioners (BoCC) for Jefferson County
enacted Ordinance #[Replace with numbcr] on January 2E, 2008, thereby adopting the Brinnon MPR
Comprehensivo Plan amendment associated with the 2007 Comprehensive Plan amendment c)rcle; the
decision having been made on January 14, 200t, following the schedule outlined in Resolution #11347,
signed on Decernber 10, 2007.
The Adopting Ordinance was enacted during the regular Consent Agenda at 9;30 AIVI in the BOCC
Chambers, Jefferson County Courdrouse, 1E2l Jefferson St., Port Townsond. Following is a brief
description of this amendment to the Comprehensive Plan. This case has a Master land Use Application
(Ml,.q file number for rsference and is a site-specific amendment
MLA0687: The Statosman proposal warr approyed as revised with conditions, to rnend the Jeffcrson
County Comprehensive Plan on pages 3-23 and 3-45. The comprehensive plan nrrative onpage3-23
would be amended to add language below the last paragraph to rpad:
"Early in 2008, Jefferson County desigrated a new master planned resort (MPR) in Brinnon. The new
mast6 planned resort is 256 acres in size and includes the Pleasant }larbor and Black Point areas. The
Marina area is existing and would be further developed to include additional oommeroial and residential
uses such as townhouses and villas. The Black Point area of the new rrsort would include new facilities
such as a golf course, a restaurant, a nesort centgr, townhouse$ villas, sAffhousing, and a communill
cenler. The overall rcsidential constnrction would not cxceed 890 total units."
The comprehensive plan land use map designations on page 3-45 for this area would be changed to reflegt
a master planned resort as outlined in the Novcm&r 27,2007 final environmental impact statement on
page I-4.
Five additional site-specific Comprehorsive Plan Amendments forthe 2007 amendment cycle are cnacted in
a separate Adoption Ordinance.
Availability of Information: Copies of the adopted ordinance are available at the Jefferson County
Courthouse, l82l Jefferson St., Port Townsend WA 98368, (360) 385-9100. A copy of the full text of
the ordinance will be mailed out upon rcquest Background information is available at fte Dept. of
Community Development 621 Sheridan Street, Port Townsend ard on Orc DCD wcb pages:
www.cojefrerson.wa.uJcomrndovelopmenL Contact Karcn Barrows for morp informdion: Q60)37*4482
or kbanow@co jefferso4.waus
Pleasant Harbor Marina and Golf Resort
Proposed amenities (l ) and Conditions for Public Access (2)
Proposed Arnenity Location Size Intended Use,/Function/
Scrvice
Conditions for Public
Access
GOLF COURSE ATID
RELATED FEATURES
l8 Hole Golf Course MPR Black Point Properly 220 acres Private and public
Recreation
Public booking available
daily, scheduled at least
one day in advance
Putting Green Golf Coune/Golf Resort
south ofTerrace I Bldg.
+/- 10,000 SF;would
accomrnodate I 0 golfers
Private and Public
recreation
Available with tee times
Driving Range Golf Course/Golf Resort
south of Terrace I Bldg.
300 yards; would
accommodate +l- 2O
golfers at a time
Private and public
recreation
Available with tee times
and lessons
Pro Shop Within Terrace I Bldg.2,484 SF Retail supplies to golfers Available to the public
Drop offand Pickup Area Near the Pro-shop, by the
Golf Course Starter's
Check-in
Area for golfers to drop off
and pick up clubs
Available to all golfers
GOLF'RESORT
AMENITIES OTHER
TIIAN THE GOLF
COURSE
Conference Center and
Meeting Rooms
Golf Course/Golf Resort
Terrace I Building
9,200 sF Four meeting rooms
separated by dividers to
accommodate 100 people
each, expandable to
accommodate 400 people
Public bookings available
Restaurant and Lounge Terrace I Building 5,800 sF Eating and drinking
establishment
Public and private;
reservations preferred
Exercise Center Terrace I Building 2,700 sF Rccreation, fitness Residents and guests only
spa
and Medical Center
Terrace I Building 9,700 sF Massage Therapy,
rejuvenation
Guest medical services
Open to the public by
appointment
Public appointments
available; priority given to
residents and guests
Beauty Salon Included within the spa 310 SF Hair and nail services Public appointments
available nlx+
E
{n2013-03-15 vll
Pleasant Harbor Marina and Colf Resort
Proposed amenities (l) and Conditions for Public Access (2)
Wedding Chapel Terrace I Building I,800 sF Wedding eveuts and Place
of worship
Public bookings available
Amphitheater South of the 13.5 acre
reservoir/driving range
t00 feet in diameter, to be
an open-air facility built
into the grade; would
accommodate +l-200
people
Entertainment and music
festivals, indigenous
presentations. Portable
seating for special events.
Available for both private
and public special events
Swimming Pool (l)Adjacent to Colf
Course/Golf Resort
Terrace I
+/- 2,800 sF Recreation, exercise Public bookings available
Tennis Courts (2)Adjacent to Terrace 1 BIdg Standard: I,200 SF
(20 x 60 feet)
Recreation, exercise Not applicable; private for
use by residents and guests
Hot Tub With the swimming pool 6 person Recreation, exercise Not applicable; private for
use by residents and guests
Bocce Ball Adjacent to Terrace 1 Bldg l,100 sF
2 to 6 people per match
Recreation, exercise Not applicable; private for
use by residents and guests
Billiard and Games Room Terrace I Building I,300 sF Recreation, exercise Not applicable; private for
use by residents and guests
Fire Pit Adjacent to Hole 10 Seating for 16 Group gathering area Not applicable; private for
use by residerrts and guests
Conservation Easement South bank of Golf
Course./Golf Resort
235 feet landward of tle
Ordinary High Water Mark
(oHwM)
Steep slope, riparian, and
habitat corridor easement
Not applicable; private for
use by residents and guests
Pedestrian Trails Includes Golf Course
pathways and pedestrian
only pathways
3.5 miles Recreation, exercise Available for public use
Bicycle Trails Bicycles can be ridden on
the road network within
the Resort
+/- 2 miles Recreation, exercise Bicycles rnay be rented to
the public
MARITIME VILLAGE
New structwe, 2 storeys at
the front, 3 storeys at the
rear
At the intersection of
Black Point Road with
U.S. Hiehway l0l
16,650 SF commercial,
and 42 residential units
Yacht Club, real estate and
office, other
commercial/retail uses
Available to the pr"rblic; a
"condo-tel" for short-term
stay, and retail services
Transit Stop At the intersection of
Black Point Road with
U.S. Highway 101
+/- 60 parking stalls parking for slip owners,
guests, resort visitors also
for transit center users
Short-term parking
available to the public for
transit park and ride
20t3-03.t5 vil
Pleasant Harbor Marina and Golf Resort
Proposed amenities (l ) and Conditions for Public Access (2)
I 'Amenities" are defined by the Jefferson County Department of Community Development as those things that would attract visitors and
enhance the experience of the resort - basically, everything that is not residential or operational in nature (emai[ communication from
David Wayne Johnson, DCD Associate Planner, December 8, 2010)
2 Jefferson County Ordinance No. 0l-0128-08, Condition 63.3, requires a list of proposed amenities to be provided within the Master
Planned Resort; clarification which of these amenities will be private for uss by resort visitors only and which will be public; and a
description ofconditions for public access.
Electric Shuttle Service From Marina upland to
Maritime Village, and
from on-site parking to the
head ofdocks
+/- 2.5 miles Transportation in lieu of
private vehicies
To provide public and
private access and egress
between the Marina and
Maritime Village parking
area
Pedestrian Trails To meander through re-
vegetated and landscaped
areas of the Maritime
Villaee area ofthe site
+/- 0.75 mile Recreation, exercise Public and Private use
2013-03-15 vl I
Table 2-3
ACTION ALTERNATIVES COM PARISON
Number of Buildings and Units:
Golf Resort: Fifty-two buildings, 828
residentlal units
Maritime Village: Three new buildings, 60
new residential units
Total New Buildings 55
Existing Buildings lncluded ln MPR 890-Unit
Count:
Pleasant Harbor House - 1
Bed and Breakfast House - '1
Number of Buildlngs and Units:
Golf Resort: Thirty-six buildings, 822
residential units
Marltlme Vlllage: One new building, 66 new
residential units
Total New Buildings: 37
Existing Buildings lncluded ln MPR 890-Unit
Count:
Pleasant Harbor House - 1
Bed and Breakfast House - 1
Number of Buildings and Units:
Golf Reeort:
Golf Terraces: 500 units
Golf Vistas: 76 units
Sea View Villas:200 units
Maintenance Building and Staff Quarters: 52
units
Maritime Vlllage:
Maritime Village Building: 36 units
Reunion House: 12 units
Harbor View House: '12 units
Number of Buildings and Units:
Golf Resort:
Golf Terraces: 520 units
Alpine Vistas:44 units
Sea View Villas: 206 units
Mainlenance Building and Staff Quarters: 52
units
Marltlme Vlllage:
Maritime Village Building: 66 units rnx+
E
-{IPleasant Harbor Final Supplemental EIS
December 2015 2-30
Chapter 2
Description of Proposal and Altematlves
Building Heights and Square Footage:
Golf Resort:
Golf Terraces: Four buildings, 4 stories (47 ft.
9 inches in height;724,000 sq.ft.)
Golf Vistas: Thirteen buildings, 2 stories (27 ft.
9 inches in height; 123,000 sq,ft.)
Sea View Villas: Thirty-one buildings, 1 story
(28 fl. 5 inches in height; 371,400 sq. ft,)
Maintenance Building and Staff Quarters; One
building, 3 stories (39 ft.; 87,000 sq. ft.)
Marltlme Village:
Maritime Village Building: One building, 3
stories (39 ft. height; 71,886 sq.ft.)
Reunion House and Harbor View House: Two
buildings, 3 stories (39 ft. height; each 8,892
sq.ft.)
Existing Pleasant Harbor House: One building,
1 story
Existing Bed and Breakfast House: One
building, to remaln (counted as one residential
unit)
Building Heights and Square Footage:
Golf Resort:
Golf Tenaces: Four buildings, 5 stories (58 ft,
9 inches to 70 ft. in helght; 612,674 sq.ft.)
Golf Vista: Five buildings, 2 stories (27 tt. 4
inches in height; 71,280 sq. ft.)
Sea View Villas: 23 buildings, 1 story (28 ft. 5
inches in height; fi2,542 sq,ft.)
Maintenance Building and Staff Quarters: One
building, 3 slories (39 ft.; 87,000 sq. ft,)
Maritime Village:
Maritime Village Building: One building, 3
stories (52 ft. 3 inches height, 72,453 sq.ft.)
Existing Pleasant Harbor House:One building
1 story (same as Alternative 1)
Existing Bed and Breakfast House: One
building to remain (counted as one residential
unit).
Number and Type of Resldentlal Unlts
Proposed wlthin the Maritime Village:
Maritime Village Building: 36 units located up
the hillside away from the waterfront
Reunion House and Harbor Mew House: 24
units in two buildinos located up the hillslde
Number and Type of Resldential Units
Proposed withln the Marltlme Vlllage:
Maritimo Village Building: 62 units located up
the hillside away from the waterfront.
Retain Existing Pleasant Harbor House -
Pleasant Harbor Flnal Supplemental EIS
Dxember 2015 2-31
Chapt* 2
Descrlptlon of Proposal and Alt*natlv*
away from the waterfront.
Retain Existing Pleasant Harbor House
Retain Existing Bed and Breakfast House
(owned by others)
Retain Existing Bed and BreaKast House
(owned by others)
same as Altemative 1
Short Term Stay vs. Long Term Stay Units:*
Short Term Tourist Residential Units: 560
(O7o/ol
Long Term Tourist ResidentialUnits: 278
(3370)
Short Term Stay vs. Long Term Stay Units:
Short Term Tourist Residential Units: 560
(67olo)
Long Term Tourist Residential Units:278
(33%)
Gommercial Development Proposed:
Golf Resort: 36,000 sq. ft.
Maritime Village: 13,772 sq. ft.
Tota! Commercial Development: 49,772 sq
ft.
Commerclal Development Proposed :
Golf Resort: 36,000 sq. ft.
Marltime Village: 20,608 sq. ft.
Total Commercial Development: 56,608 sq.
ft.
Proxlmlty of Structures to Pleasant Harbor
OHWM:
Modified earlier plan to relocate all proposed
residential units outside the 150 ft. Shoreline
buffer proposed in the County's locally-
approved Shoreline Master Program update.
Existing structures at the waterfronl to be
repaired and replaced within existing footprints
under a preexisting Binding Site Plan, outside
of this SEIS, No new buildings are proposed in
this area, with the exception of a storage
building approved under the existlng Binding
Site Plan. Repair and widening of existing
roadwaw and reconfisuration of oarkino areas
Proxlmlty of Structures to Pleasant Harbor
OHWM:
Same as Alternative 1.
Pleasant Harbor Flnal Supplemental EIS
Decsmber 2015
Chapter 2
Descrlption of Proposal and Alternatlves2-32
would also occur,
Length of Project Roads Proposed:
Overall length of project roads approximately
12,700lf. Combined WDFW boat launch
access road with Maritime Village a@ess.
Does not include approximately 1750 lf of
combined golf cart, service road, EMS access
through east side fainruap.
Length of ProJec-t Roads Proposed:
Overall length of project roads approximately
13,750|f. Relocated WDFW boat launch
a@ess road 1000 feet east of cunent location.
Marina Access tolfrom Black Point Road:
Construct the Marina Access Drive (12 ft. wide
with turn outs) to be used for two way shuttle
service and emergency vehicle access.
Marlna Access toffrom Black Point Road:
Same as Alternative 1
Main Entrance to the Golf Resort:
Resort main entrance control gate relocated
from previous plans to the northeasl corner of
the site with primary access from Black Point
Road. U.S. Hwy 101 intersection realigned
further south.
Main Entrance to the Golf Resort:
Same requirements as Alternative 1
Provlsions for Transit Service:
Surface parking at the Black Point Road/U.S.
Hwy 101 intersection significantly revised
compared to FEIS, due to relocation of the
Marina Village residential units and
approximately 13,772 sq. ft. of commercial
development from the walerfront area to the
intersection. Parking to be used by marina slip
owners, resort visitors, and transit riders. Bus
stop and bus loop drive proposed for transit
access to U.S. Hwy 101.
Provisions for Translt Servlce:
Surface parking at the Black Point Road/U.S.
Hwy 101 intersection revised slightly from
Alternative 1. 20,608 sq. ft. of commercial
development from the waterfront area to the
lntersection. Parking to be used by marina slip
owners, resorl visitors, and transit riders. Bus
stop and bus loop drive proposed for transit
access to U.S. Hwy 101.
Pleasant Harbor Flnal Supplemental El$
Decomber 2015
Chapter 2
Descrlptlon of Proposal and Alternatives2-33
Maintenance Building and Staff Quarterc:
Relocated thls building along with the resort
main entrance to the northeast corner of the
site (adjacent to Black Potnt Road). 52
residential units proposed in the upper 2
storias of this structure.
Maintenance Building and Staff Quarters:
Same requirements as Alternative 1.
Domestlc Water Supply Proposal:
Ground water supply from on-site wells. Two
options for second well location: west of
Fairway 2 or west of Fairway 7 (rather than
west of Fairway g) as a result of water right
negotiations.
Domestic Water Supply Proposal:
Ground water supply from on-site wells. Two
options for second well location: east of
Fairway 2 or west of Fairway 8.
Wastewater Recovery Plant (WRP):
Nutrient Removal Activated Sludge Process
with Clarifiers and Class A Filtratlon proposed
to produce Class A reclaimed water. WRP to
be relocated to northwest corner of site.
Effluent use during initial phases of
development will include sprinklor irrigation in
the native plant nursery and subsurface drain
fields in the west area of the site until Kettle B
is converted to a retention pond.
Wastewater Recovery Plant (WRP):
Same requirements as Alternative 1.
Energy Proposal:
Electrical supply up to the limit of availability
from Mason County PUD; on-site biodieselco-
generation, propane and geothermal sources
proposed.
Energy Proposal:
Electrical supply up to the limit of availability
from Mason County PUD;on-site propane and
geothermal proposed.
Wetland Mitigation Proposal for Placement
of Flll ln the Large Kettle:
Wetland Mitigation Proposal for Placement
of Flll ln the large Keftle:
Create a replacement welland in the bottom of
Pleasant Harbor Final Suppletnenfal EtS
D*errl,ber 2015 2-34
Chapter 2
D*edptlon of Proposal and Altematives
the smaller of the two Kettles (Kettle C) and
retain this Ket0e feature within the
development.
Same requirements as Alternative 1.
Amenltles (4):
Golf Terrace 1 building to have a restaurant,
lounge, spa, conference and rneeting rooms,
chapel and billiards room. The Maritirne
Village building near Black Point Road/U.S.
Hwy 101 intersection would provide
approximately 13,772 sq. ft. of
retail/commercial space, including a restaurant
and the relocated deli, grocery, convenience
store from the marina upland area.
Amenities (4):
Golf Terrace 1 building would be the same as
Altemative 1. The Maritime Mllage building
near Black Point Road/U.S. Hwy 101
intersection would increase to approximately
20,608 sq. ft. of retail/commercial space,
including a restaurant and the relocated deli,
gro@ry, convenience store from the marina
upland area.
RecreationalAmenlties (4) (in addition to the
golf course, driving range and putting green):
Renovated swimming pool in the marina
upland area; two new swimming pools on the
golf resort side, three hot tubs, three tennis
courts, a Bocce ball court, billiard and game
rooms, a common-use fire pit, and
amphitheater. Walking paths throughout. Turn
Building (Halfway House shown in graphics)
not included in Alternative 1.
Recreatlonal Amenltles (4) (in addition to the
golf course, driving range and putting green):
One new swimming pool on the golf resort
side, two tennis courts, a Bocce ball court,
billiard and game rooms, a common-use fire
pit, and amphitheater. Walking paths
throughout. Turn Building (Halfway House
shown in graphics) by Hole #9. Tree Top
Adventure and Zip Line in the Maritime Village
area.
lmpervious Area:
30 Ac (13% of total site area)
lmpervious Area:
28 Ac (12o/o of total site area)
Pervious Area
Total Pervious Area: 2O1 Ac or 87Yo of site
Pervious Area
Total Pervious Area: 203 Ac or 88o/o of site
Pleasant Harbor Final Supplemental EIS
December 2015
Chapter 2
Descriptlon of Proposal and Alternatlv*2-35
Pervious Disturbed Area: 170 Ac
74o/o of total slte area or
857o of total pervious area
NaturalArea:31 Ac
13% or total site area or
15o/o of total pervious area
Pervious Disturbed Area: 123 Ac
53% of total site area or
@% of total pervious area
NaturalArea: 80 Ac
35% or total slte area or
4$o/o ol total pervious area
Perimeter Buffers:
Maritime Village: 25 ft. Minimum building
setback
Golf Resort: 25 ft, Minimum building setback
Perlmeter Buffers:
Same requirements as Alternative 1.
Pleasant Harbor Flnal Supplemental EIS
December 2015 2-36
Chapter 2
Descrlpilon of Ptoposal and Aftqnatlves
EXHIBIT E
PLEASATIT HARBOR MASTER PLANNED RBSORT
Title 17
MASTER PLANNED RESORTS
Title 17. Article I. Port Ludlow MPR
Chapters 17.05-1750
No change
Title 17. Article II. Pleasant Harbor MPR (17.60-17.80)
Chapter 17.60. General Provisions
17.60.010 Authoritv.
This title is adopted pursuant to.Chapters 36.70 and 36.704 RCW. and Title l8 JCC.
17.60.020 Title.
The rezulations set forth in this title shall be known as the "Pleasant Harbor Mastei
Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these
regulations shall be mad_.g U_silrg the ?pplic.able JCC section number.
17.60.030 Purpose and intent.
Ihe purpose and intent of the Pleasant Harbor MPR code is to set forth development
rezulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future develooment within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60-.040 Additional requirements.
Title 15 and Title 18 of the Jefferson Comtv mav suoplement the rezulations oresent4.i.n
this Afigle in accordance with the terms and conditions of the Development Agreement ent€red
into between Jefferson County and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Apnlicabilitv.
The provisions of this title shall apply to all land. all associated water areas and all uses
and structures within the boundarv of the Pleasant Harbor Master Planned Resort as depicted on
the official land usqlnap for Jefferson County. Washinprton.
17.60-060 Exemptions.
The following structures and uses shall be exernpt from the regulations of this title. but
are subiect to all other applisable local. state and federal regulations includine. but not limited to.
the county building ordinanse. interim critical areas ordinance. the shoreline managernent master
orosram. and the State Envirorunental PolicvAct (SEPA).
-l -
(.1) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for
the distribution to consumers of tqlepbne-glother communications, electriciw. qas. or water qr
the collectign of sewage. or surface or subsurface water operatgj ollUa-ir}tAined by a
governmental entitv or a public or private utilitygl other countv franchised utilities including
customary meter pedestals. telephone pedestals. distribution transformers and temporary utility
facilities required durine buildine construction. whether any such facilitv is located_Bpderqround.
or above-eround: but onJy when such facilities are located in a street right-of-way or in an
easein_qlt. This exernption shall not include above-pround electrical substations. sewase oump
stations or teatrnent plants. or ootable water stofaee taDks or facilities. which shall require
conditional use approval in anv zone where permitted:
(2) Undersround utilitv equipment. mailboxes. bus shelters. informational kiosks. public
bicvcle shelters. or similar structure or dsvice which is found by thq director of community
dgvelopment to be appropriately located in the public interest:(3) Minot construction a4ivities. as defined by the IBC. Section 106.2 and skuctures exernpt
under.Chapter 15.05 JCC. as amended:(4) Stormwater detention fasilities associated udth and accessory to new development are
permitted in all zones. Any above-Eround detention facility or pond shall be screened from the
nublic right-of-wav or appropriately landscaped to ensure compatibility with the surrounding
area.(5) Development consistent with a Binding Site Plan approved by the Countv prior to
adopjion of this chapter.
1J.60.110 Preexistinqu!€gaudl!ruethlre!!
_ Existing legal residential and non residential land uses and structures in all zones of the
Master Planned Resort are lawful ug-qs ?nd jnaybe qontinued in a manner consistent with state
law. Tilles 15 and 18 of the Jefferson Countv Code and any other apolicable requlations or
Ordinances.
17.60.120 Provisions bindins on the land.
The provisions of this section shall applv to any subsequent owners. lessees. tanants or
othe,Is )yith an interest in the property subject to the master planned resort (or anv portion or
parcel thereofl. incbr.ding but not limited to successors in interest. holders of any recorded
interest recorded $u,bsequent to the MPR approval. cgErmunity associations. facility providers
and special service disHcjs operating within the MPR area.
17.60.130 Enforcement
The enforcerne,nt provisions co.dified in Chapter 18.50 Enforcement of Title 18 of the
Jefferson Courtv_Code as cuxr€ntly enacted or as hereafter arnended shall apply to anv alleeed
violation of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Chapter 17.65. Golf Resort (MPR-GR)
17.65.010 Puroose.
The MPR-GR zone provides residential and recreational facilities. as well as.conrmercial
amenities and services associated with the resort and surroun4ine s-o_mmunity. It provides the
central resort and conference facilities.
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17.65.020 Permitted Uses.(1) Residential-Uges includingsingle-familv and multifamilv skuctures. condominiums.
townhouses. apar&nents. lofts. villas. time-share and fractiondlyg_WBed accommodations of all
kinds.(2) Short-term.visitor accommodations. constitutins not less than 65% o{.the total residential
units authorized bv Ordinance #01-0128-08. including. but not limite4 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 amafties. includins. but not limited to (a) conference and meeting
facilities: (b) restaurants. cafes. delicatesssns. nubs. taverns and entertainment associate with
such uses: (c) on-site retail_serrrices and businesses tvlicallv found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resoft: and
(d) recreation business and facilities:
(4) _ Cultural and educational facilities of all kinds includine. but not limited to. art ealleries.
and indoor or outdoor theaters:(.5.) Indoor and outdoor resort-related recreational facilities. includinq but not limited to eolf
courses (includine accessory stnrctures and facilities. sLch as clubhouses. prastice facilities. and
mai4tenance fasilities). tennis courts. swimmine pools. spa services. hikine trails. bicvcle paths.
ropes courses. amphitheater. and other recreatiqpal uses consiste,nt with the nature of master
planned resolL:(.6) Waste water heatment facilities, includine treatment plants. capture. storaee and
tansmissign-laqilities to serve a reuse/recycle oro€ram for on-site treatment and use,/reuse of
waste water and stormwater:
0) Public water supply.and related facilities:(8) Public facilities and services as defined in JCC 18.10.160:(9) Utilities supportine the resqrt:(10) Emereency services (fire. police. EMS);
(l l) Medical ser'/ices: and
(12) Other similar uses consistent with the purpose of this zone and MPR as determined bv the
Department of Community Development.
17.65.030 Heieht restrictions.
No buildings within the MPR-GR zone shall be erected. enlareed or strusturallv modified
to eTceed 80 feet in heieht as measured by IBC standards. Under8round or imbedded parking
shall not be included in any heieht calculations.
17.65.040 BuIk and densitv requirements.
There are no yard or setback provisions internal to the MPR-G&Zoqg.. All structures
shall be set back at l_e.ast 20 feet from Master Planned Resort boundary lines and adiacent MPR
zones. Mi{rimunl building setback from State Route 101 is 50 feet.
Chapter 17.70. Open Space Reserve (MPR-OSR )
17.70.010 Purpose.
-J-
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 extend landward 200 feet
from OMHW of Hood Canal as meazured under the Shoreline Manaeement Act (Chapter 90.58
RCW) or 25 feet from the top of the bank as measured under Chapter 18.22 JCC. whichever is
geater.
17.70.020 Permitted uses.
The followine uses are peonitted in the MPR-OSR zone:
(l) Restoration of existing development intrusions (roads. campsites) to theit natural pre-
development state: and(.2) Passive recreation that does not reduce the forest canopy. increase stormwater dischargg
or blufferosion,(3) Thgse.uses consistent with the Shoreline Master Pro$am-JCQ 18.25
Chapter 17.75. Marina Villase (MPR-Iv[\D
17.75.010 Purpose.
The MPR-MV zone provides mixed use arnenities and services associated with the
marina portion of the.resort and surroupdine gommunity. and providcs the central support to the
marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:
(l) Marina and overwater stuctures as approved thrgugh thg Jeffer_son Countv Shoreline
Master Program and associated rezulations Chapter l8-25 JCC:(2) Residential uses includine single-family and multifamily sfructures. condominiums. tirlg
share and fractionallv owned accommodations of all kinds;
(3)_ _ Marina Village related upland mixed use. commercial and service faqilities, includinq
open parking lots. restaurants and shops. as well as marine service facilities. marina office. yacht
club and recreation facilities servine the resort and the Marina:(4) Accessorv uses and structures. such as earages. carports. storaBe buildings and similar
stnrctures supportine rnarina and maritime villaee uses. fuel service and parkinq:
(5) Indoor and outdoor resort-related recreational fp_cj.tjlies. includins but not limited to
tennis courts. swimmine Dools. marinas. hikinq trails. bicycle paths, ropes courses. qame center
and other recreationAl.uses consistent with the natwe of masterplanned resort.:(6) Utilities supportine the resort:(7) Infrastructure and buildings. botLabove-pnd below eround. for the utilities:(8) Emergencv services (fire. police. EMS):
(9) Public facilities. and services servine the MPR--MY--zone:(10) Medical services: and(10) Other similar uses consistent with the purpose of the this zone and MPR as determined lJr
the Department of Communitv Development.
17.75.030 Heieht restrictions.
-4-
No buildines within the MPR-MV zone shall be erected. enlarged or structurally
mqdified to exceed 35 feet in heigtrt as measured by IBC standards. Undereround or imbedded
parkine shall not be included in anv heisht calculations.
17.75.040 - BuIk and densitv reouirements.
There are no yard ersetbiekptovtsions internatlslha fdPR-MV zone. All new
structr:res located within shoreline iurisdiction shall complv with the setback requirements of the
Countv's Shoreline Master Proeram as codified at Ch. l8.Z J-C_C
Chapter 17.80. Pleasant Harbor Resort Deyelopment
17.80.010 Resort develonment.
This secjion describes the "Resort Plan" for facilities to be located in thgre..qog MPR. sets
grut a required environmental review process fotanv future resort development. and provides
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cao.
The Pleasant Harbor MPR in total shall have a development cao of 890 residential units
provided. ho\Lever. short term visitor agcommodation units shall constitute not less than than 65
pqrcent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
70.000 square feet of resort commercial. retail. LestaUrant and conference space. not including
lobbies and internal opan space.
17.80.030. Resort PIan
The Resort Plan for future development of properties in the Pleasant Harbor MP_B,lneans
square feet olcgmmercial space. as well as infrastructure necessarlr to service the development-
17.80.040 Permit proeess for resort development.(1) A project-level supplsrnental environmental impact staternent (SEIS) anal%ine
development under the Resort Plan is requird prior to issuance ofbuildins p€rrnits for any new
fe.qort development. The apnlicant mav choose to develop a new environmental impact
staterneqt_rather than a supplemen!(2) Notice of application for enwiroluuenltal review of the Resort Plan shall be orovided to all
persons or aeencies entitled tg noticepurzuant to the land useJEg.ge.duxes of JCC Title 18.(3) Actual buil_dlrg permit plans or construction drawings are not required durinq the SEIS
process. Architectural drawines includine a detailed site plan. and architectural sketches or
drawines showine approximale elevations. sections. and floor plans are required. however. to
that the SEIS considers(.4) The deparnnent of commwdtydevelopment may impose mitigating conditions or iszue a
denial of some or all of the Resort Plan based on the elvironmental review and using authoritv
-5-
provided pursuant to the Slete ErlVirgqnental Policy ^dct. Chapler 43.21C RCW, Article X of
Chaoter 18.40 JCC shall be applicable to the permit process for resort development.(5) Followine completion of the SEIS build_ine llermits mav be igsugd, fo_lloJyinqgporolriate
plan review. forprojects analyzed in the SEIS.(6) Astual resort development mav be undertaken in phases. but only followine completion
of review and approval of a full resort buildout plan throu8lh the SEIS process. A phasing
schedule may be proposed as part of the environmental review or mav be developed at a lat€r
date.
17.80.050 Environmental review for Resort Plan development.(1) AII uloject level applications will be given an automatic SEPA tbreshold Deterrnination
of Significance except where the SEPA-responsible official deterrnines that the application
results in onlv mirlol construction. A EIS or SEIS is not required if existing environmental
documents adequately address environmental conditions as set forth in RCW 43.21C.034-
(2) Ihq scope of an SEIS section shall address environmental issues
idantified in the Programmatic FEIS issued Novanber 2007. together with such additional
requirements as a prqiect specific application may raise. The scope shall not change lbe
standards of approval. however. as set forth in the develooment ageernent and these
d evel opment _re gulations.
(3) The utility elanent of any subsequent phase environmental review pertainine to the
Pleasant Harbor MPR shall review information on all affected utility svstems, includine sglyef
and water.svsterns and the results of required monitoring. The effectiveness of such monitoring.
shall be evaluated. Supplements or chanees to the monitorine and reporting systems shall be
considered_if-necessary to ensure that water qualit), and water supply are adequately protected
and impacts to natural resources minioized.(4) Any preliminary scope for futwe deJelopmelt withi[ the PlEasant Harbor MPR is based
on the described Resort Plan. Other eleme.nls. issues, ap.d.sp-ecif,_glevels,of dgtail maybe
included based on in&rmation available at the time the Resort Plan development application is
submitted. Elements noted above mav be combined in the EIS analvsis to reduce duplication an4
narrow the focus on potentially sienificant adverse enviroflrnental imoacts.
17.80.060 Revisions to Resort Plan.
(1) Anyproposed €nlarg€ment to the Pleasant Harbor MPR boundary or zone changes within
the MPR shall requireg 9omprehensive Plan amendment and related zpni4g action. Such
changes are outside the scope of the revision processes described below and in JCC 17.80.070
and 17.80.080. The Countv mav approve an amendmart to the Comorehensivellan pnly if all
requirernents of the Growth Managerlent Act ($hapter 36.704 RCW) are fulfilled.(2) The Countv shall accept buildine oermits onlv for proiects included in and sonsistent
with the Resort Plan. A revision te the existing Resort Plan shall be zubmitted to the county for
approval prior to the acceotance of anv proposal that is inconsistent with the Resort Plans set
forth in,this title. Upon approval of a revision. all subsequent development proposals shall be
consistent with the revised Resort Plan and developme,lrt resulations.(3) Proposed revisions to the Resort Plan shall be sub.r.nitts.4 to_t_he departm€nt of community
develoument and the DCD director will detemine whether theproposal constitutes a major or
-6-
minor revision. Uoon making a determination. the proposed revision shall follow the appropriate
process.forplan revisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.(1) Minor Revisions. The county recognizes that the Resort Plan may require minor chanees
to facilities and servic$ in response to chlurgilrs conditions or mmket dernand and that some
de8ree of flexibilily for the resort is needed. Minor revisions are those thpt do not resUlt in a
substantial chauge to lhcjttprrtOrpumqre of the Resort Plan in effect. A chanse that satisfies
the followine criteria shall be deerned a minor revrsrou &-r pumssesrf this chapter:(a) Involve ng rp_ote_!ha{r_a tgp.-(!Q) pqrcent increase in the overall sross square
footaee of the Resort Plan:(b) Will not have a sienificantlv lreater imoact on the environmetrt and/or facilities
than that addressed in the dev.elopmgntplan:(c) Do not alter the boundaries of the apnroved plan:
(d) Do not propose new uses or uses that modiff the recreational nature and intent of
the resort.
A change to the Resort Plan may still qualify as a rninor revision under this sectigr-r-d.Ss-pite its
failure to satisfy one or more of the conditions (a) througtr (d) of this section.
(2)_ _Minor.Revision Process. AlElicatior_rs for ndnor revisions shall be submitted to. and
reviewed by the Jefferson County de,parhnent of comrnunity development to deterrnine if the
revisions 4re_gonsistent wi& the existins Reso-rt Plan and Resort Plan SEIS. the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satisfv the above-
referenced criteria shall be deerned a minor plan revision and mav be administrativelv approved
(as a Tlpe II decision under the land use procedures of JCC Title 18. Unified Developm.ent
Code) bv the director of the deparhnent of communitv developrnent. Public notice of the
application. the written desision. and appeal opportunitie.s shall.be ug),ided to all persons or
aeensies as required bv the land use orocedures of JCC Title 18. Unified Development Code.
Those revisions that do not complywith the provisions contained within this section shall be
deerned a major revision. subject to the provisions outlined in JCC 17.80.080.
17.80.E0 Maior revisions.
Revisions to the Resort Plan that will rezult in a substantial chanee to the resort
including: changes in use. increase in the intensity of use. or in thg..slze. sc4!g.J_f dgnsitv of
development: or changes which mav have a substantial impact on the envirorunent bevond those
reviewed in previous environmental documents. are considered to be major revisions and will
require application for a revised Resort Plan.(1) Application for a Maior Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providins a
framework for review- analysis and mitiqation of the revised developm€nt activitv prooosed. Ths
Resort Plan revision proposal shall include the followine information:
(A) A de$gription of how the r.eyised Rqsort Plan would further the soals and policies
set forth in the Comprehensive Plan:
(b) A description ofhow the Resort Plan revision complernents the existine resort
facilities of the MPR:
-t-
(c) A description of the desim and fimctional featrnes of the Resort Plan re'\rision.
settins out holv the revision pro\.ides for unified dgvelopment. integrated site design and
protection of natural amenities:
(d) A listing ofproposed additional uses and/orproposed chanees to density and
intensity of uses within the resort. and a discussion of how.th€e changes meet the needs
of residents of the Pleasant Harbor MPR and patrons of the,fgqg4j
(e) A description and analysis of the environmental impacts assgciated with the
oroposed revision. includins an analvsis of the cumulative impacts of both the proposed
revision and the amrroved Resort Plan. and their effects on surroundiqg propertiss and/qt
public facilitiesl(f-) A description of how the proposed Besort_Plp{r.fgyision is inteerated with the
overall Pleasant Harbor MPR and any feafures. such as connections to trail systems.
natural systems or €reenbelts. that have been established to retain and e$hance the
character of the resort and the overall MPR:(s) A dessription of the intended phasins of development proiects:
(h) Maps. drawi-ngsJilluEtr.ations. oJ other materials necessary to assist in
understandine and visualizins the desim and use of the completed proposed
dev_e.l_o.!ment. its facilitiqs and serrriceq. And theprotection of critical areas:(i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existins resort and MP-BlgEands. includine but not limited to
hansportation. water. sewer and stormwater fasilities: and a demonstration that sufficient
facilities and sqrl4ices to support the development are available or will be available at the
time development permits are auplied for,(2) Maior Revision Process. Major revisions shall be processed as a.hearine exarniner
desision (,TlT,e IID. with a required public hearing prior to the decision. Public notice of the
application. the written decision. and appeal opportunities shall be provided to all persons on the
Pleasant Hmbor MPR roster (see JCC 17.60.070) and such other persons or aeencies as requl{g!
bv the land.use procedures of JCC Title 18. Unified Develooment Code. Anv proposed rnaior
revision involvine a chanee to the boundaries of the MPR zone shall require a C_orlprehensive
Plan amendmsnt (a Twe V county commissioners decision) prior to any decision on the Resort
Plan amendme,nt.(3) Decision Criteria. The hearine examiner mav approve a maior revision to the Resort Plan
onlv if all the.foUowine critqjp are met:(a) The proposed revision would further the soals and policies set forth in the
Comprgh.ggsiye Plen:(b) No unmitieated probable siFlificant adverse environmental impacts would be
created by the proposed revision:(c) The revision is consistent with all applicable development reeulations. including
those established for critical areas:(d) On-site and off-site infrastructure (includins but not limited to water. sewer.
storm water and hansportation facilities) impacts have been fullv considered and
mitigated:(e) The proposed revision complements the existing resort facilities. meets the needs
of residents and oahons. and provides for uni{ied development. iritegrated site design.
and protection of natural amenities.
-8-
Title lE
I,NIFMD DEVELOPMENT CODE
Chapter 18.15
Land Use Districts
18,15.025 Master planned resort.
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with primary focus on resort destination facilities that includes short-term visitor
accommodations associated with a range of indoor and outdoor recreational facilities within the
property boundaries in a setting of significant natural amenities. A resort may include other
residential uses, but only if the residential uses are integrated into and support the on-site
recreational nature of the resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The Efgl€aly 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
zubject to the provisions of JCC Title I 7. The master planned resod of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marina, resort and convention center. The master planned resort of Port
Ludlow also includes a Iarge residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The mastsr planned resort's internal regulations and planning restictions zuch as codes,
covenants and restrictions may be more restrictive than the requirernents in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restictions.(2) Pleasant Harbor Marina and Colf Resort. Pleasant Harbor Marina and Golf Resort is the
second officiallv desimated master planned resort in the Countv. The Pleasant Harbor MPR is
desienated in accordance with RCW 36.704-360 as a new masterplanned resort and is zubject to
the orqy.i.sions of JCC Title 17. The Pleasant Harbor MPRis characterized bv a eolf course resort
faciliff south of Black Point Road and a marina./Maritipe Village and associated housine north
elBlack Point Road. The resort is predominatelv designed to serve re_sort and recreation uses and
has onlv limited full-time occupancy. The resort is sqryed by the Brinnon Rural Cent€r. which
accornmodates LAMIRD-scale commercial uses servinB the resort and local population. The
master planned resort's internal reeulations and planning restrictions such as codes. covenants
and restrictions maly be more restrictive than the requiremsnts in JCC Title 17. However.
Jefferson County does not enforce private codes. covenants and restrictions.
18.15.115 Designation.
"Master planned resort" (N{PR) is a land use designation established under the Comprehensive
Plan. The enlfe*isting officially designated mast€r planned resortq in the county gggis the Port
Ludlow MPR and the Pleasant H , provisions forwhich are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36-70A.362 regarding designation of
existing mastgr planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
pertainins 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,
nafural resources, scenic qualities, cultural, and geological feah:res, which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.704.360 offer an opportunity to utilize these special feahres for enjoyment and recreational
use, while bringing significant economic diversification and benefits to rural commrurities. The
purpose of this article is to establish a master planned resort land use district to be applied to
those properties the board of cotrrty commissioners determines are appropriate for development
as a master plarured resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15.123 Allowable uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.70A.360:
(l) AII 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 accomrnodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent of the total resort
accommodation rmits.
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;
O) Meeting facilities;
(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-orie,nted businesses and facilities such as sporting goods and
outdoor equipment rental and sales.
(6) Culnral 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 pemanent structures to serve as sales offices.
(9) Any other similar uses deerned by the administator to be consistent with the purpose and
inte,nt of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A..360.
18.15.126 Requirements for master planned resorts.
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An applicant for an MPR project must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated
to use and enjoy, and the particular natural and recreational features that will attract
people to the area and resort.
(b) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered orprovided as part ofthe resort's services, and
commercial and supportive services provided.
(c) A listing of the proposed allowable uses and maximurn densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of
natural amenities, and which frrther the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and ope,n space, recreational facilities,
road and parking design, capital facilities, and other compon€nts are integrated into the
project site.
(0 A description of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the developrnent.
(h) A demonstration that sufficient facilities and service which rnay be necessary,
appropriate, or desirable for the support of the development will be available, and that
concrurency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
firll intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the projecf and how the project may operate successfully and meet its environmental
protectiorq concurrency, and other commitnents should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreernent as authorized by Article XI of Chapter 18.40 JCC (Development
Agreernents), and RCW 36.70B..170 through 36.70B..210. Consistent with JCC 18.a0.830(3) and
RCW 36.708.170, the development agreonents strall be prepared by the applicant and must set
forth the developmant standards applicable to the development of a specific master plarured
resort, which may include, but are not limited to:
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(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (ifapplicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on- site retail/commercial servi ces;
(e) Mitigation measures imposed purzuant to the State Environmental Policy Act
Chapter 43,?1C RCW, and other development conditions; and
(D Other development standards including those identified in JCC 18.40.840 and
RCw 36.708.r70(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resoft land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter I 8. 1 5 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the cormty consurrent
with the review of the resort master plan and dwelopment agreanent required for approval of a
master plannod resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-ll-164 and 197-1 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 developme,nt 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.f 5.f29 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(1) A draft of the master plan shall be prepared to meet the requirernents of JCC
l 8.15.r26(l).
(2) A request for authorization of a development agreernent, pursuant to the requirernents of
JCC 18.15.126Q) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive Plan Land Use Map aurendment necessary to
meet the requironent of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ 1]
18.15.132 Decision-makingauthority.
(1) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board 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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1E.f5.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR maybe approved, or
approved with modifications, if it meets all of the criteria below. [f no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
applicafion shall be denied.
(l) The master plan is consistent with the requiranents of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas Dishict (ESA)).
(2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requiranents of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
(3) If an MPR will be phased, each phase contains adequate infrastnrcture, ope,n space,
recreational facilities,landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
(4) The MPR will provide active recreational uses, adequate op€n space, and sufficient
services such as transportation access, public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such serrrices shall be oriented to serve the
MPR.
(6) Environmental considerations are ernployed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and in
order to incorporate and retain, as much as feasible, the preservation of natural features, historic
sites, and public views.
(7) All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
(8) Improvernents and activities rue 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-tenn
importance for the MPR than for the commsrcial hanesting of timber orproduction of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 $ 1]
18.15.138 Pe#{,t*dle+vMasterPlannedResort.
The Pe*4*ldlo* Master Planned Resort Code (JCC Title 17), 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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DEVELOPMENT AGREEMBNT BY AND BETWEEN
JEFFERSON COUNTY, WASHINGTON ATID PLEASAIYT
HARBOR MARINA AND GOLF RESORT, LLP RDLATING TO TEE
DEVELOPMENT COMMONLY KNOWN AS TIIE
PLEASAI{T HARBOR MARINA AND GOLF
MASTER PLAI\NED RESORT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this_
day ot___, 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 Exhlbit I ("Developer's Prope{y'').
WHERAS, the County approved Developer's application to designate
Developer's Properry as a master planned resort pursuant to RCW 36.70A.360 in the
County Comprehensive Plan to allow forresort-related development including, but not
limited to, a golf course and other on-site indoor and outdoor recreational amenities,
conference centetr, resort-related commercial uses, Iong-term and short-term residential
units not to exceed 890 units, and open space ("Pleasant Harbor MPR').
WIIEREAS, buildout of Developer's Property is expected to occur over the next
five to tan years depending upon market conditions and Developer, Jefferson County, and
mernbers ofthe public at large will invest considerable time in the County pemrit and
review process for the future buildout of Developer's Property.
WIIEREAS, the Washington State Legislature enacted RCW 36.708.17G,.210 to
strengthen the land use planning process and reduce the costs of development by
authorizing the County to entsr into a private agreement with a landowner regmding the
development of its real property located within the County's jurisdiction,
WIIER-EAS, the County has determined that this Agreernent will facilitate
orderlybuildout of Developer's Property within the Pleasant Harbor MPR and will
further promote groMh managernent and planning objectives of the Cormty by providing
certainty over time with respect to permitted densities, uses, development stardards and
other aspects of the development review process.
WHEREAS, the Parties to this Agreernent 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 Plaruring Policies and the Jefferson County
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Comprehensive Plan and is consistent with the goals and requirerne,nts of the Growth
Management Act.
WHEREAS, pursuant to RCW 36.708.200, this Agreement was the subject of a
fifteen (15) day cormrent period, which ran to 2014, and a hearing was held
before the Jefferson CountyBoard of County Commissioners on 2014. The
BOCC authorized execution of this Agreernent by Resolution No. adopted on
2014.
WIIEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
NOW TIIEREFORE, in consideration of the promises, covenants, and
provisions set forth in this Agreernent, the receipt and adequacy of which consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. EFFECTM DATB AND TERM
1.1 Effective Date
The effective date shall be the date of the adoption of a resolution by the Jefferson
County Board of County Commissioners approving this Developrnent Agreanent.
1,2 Term
The term of this agreernent shall be twenty (20) years from the effective date.
1.3 Modilication
This Agreernent may be modified, extended or terminated upon the writterr
agreonent of Developer and the County.
Section 2. DEVELOPER'S PROPERTY
The property covered by this Agreernent consists of approximalely 256 affes and
is described with particularity in Exhibit 1 ("Developer's Property"). A map showing the
location of the proposed development on Developer's Property within the Pleasant
Harbor MPR that is the zubject of this Development Agreernurt is attached as Exhibit 2.
Section 3. DEVELOPMENT STANDARDS
3.1 Permitted Uses end Density Standards; Tnntr.g
The perrnitted land uses and development regulations for development within
Developer's Property are set forth in chapters 17.60 through 17.80 of the Jefferson
County Code, attached as Appendix A. Dwelopment of Developer's Property shall not
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exceed 890 residential units and 79,000 square feet of commercial space. Sixty-five (65)
percent of total residential units shall be reserved as short term rental units.
3.2 Planning Goals and Objectives
The plaruring goals adopted by Jefferson County in the Comprehensive Plan shall
be the policy guidance and the foundation for all future development of Pleasant Harbor
MPR.
3.3 Surface \Yater 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 Apppndix B. The County shall be responsible for the management
of surface water in all public road rights of way, easernents 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 18.22lCC. A copy of the Code section is attached in Appendix C.
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
Procedr:TeVSEPA Implernentation, Chapter 18,40 JCC. A copy of the Code sections ile
attached in Appendix D (Chapter 18,35 ICC) and E (Chapter 18.40 JCC).
3.6 Shoreline Master Program
AII future development within the Pleasant Harbor MPR shall be subject to the
Jefferson Comty Shoreline Master Program, Chapter 18.25 JCC, in effect as of the date
of this Agreement. A copy ofthe applicable Shoreline Master Program is attached as
Appendix F.
3.7 AdditionalDevelopmentStandards
Additional Development Standards as identified in Chapters 12-05,12.10, and
18.30 JCC, as they exist as of the date of the adoption of this Agreernent, shall also apply
to the extsnt they do not conflict with the terms of this Agreement. A copy of the
applicable Code sections are attached in Appendix G.
3.8 Pleasant Ilarbor MPR Water Service
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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 requirernents, at the time
of installation,of the [water purveyor], the Jefferson County
Coordinated Watff Systan Plan ("CWSP") and the Washington State Deparhnent of
Health and all other applicable laws, ordinances, rules and regulations. A copy of the
applicable CWSP is attached in Appendix H.
3.9 Pleasant Harbor MPR Sewer Service
Sewer mains and sewer systern improvernents that may be required to serve
Developer's Property shall be installed in conformance with the most currrent approved
specifications and requironents 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 Appe,ndix I.
3.10 Memorandums of Understanding
As a condition to designating Developer's Property as a master planned resort, the
County required that Dweloper negotiate memoranda of understanding or memoranda of
agreernent 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--Jeffigrson County shall provide law enforcernent services within
the Pleasant Harbor MPR consistent with the Mernorandum of
Understanding (MOU) attached as Appendix J-3.
Fire and EMS-Fire and EMS services within the Pleasant Harbor MPR
shall be provided by Jefferson County Fire District No. 4. Mitigation
associated with development of the Pleasant Harbor MPR, if any, shall be
determinod and paid pursuant to applicable state and local law as set forth
in the MOU attached as Appendix J-2.
School-School serrrices to the resort are provided by the Brinnon School
District. Mitigation 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 J-l.
Transportation-Public hansportation services to the resort are provided
by Jefferson County Transit. Mitigation associated with development of
the Pleasant Harbor MPR, if any, shall be detemlined and paid pursuant to
applicable state and local law as set forth in the MOU attached as
Appendix J-4.
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Healthcare - Mitigation 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 J-5.
Housing - Mitigation 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 J-6-
Local Employment and Construction Materi als-Developer will advertise
and give written notice at libraries and post offices in East Jefferson
County and recruit locally to fill opportunities for contacting and
ernployment. Developer shall prioritize the sourcing of materials from
Jefferson County to develop the Pleasant Harbor MPR, Nothing in this
section shall require that developer utilize materials or labor from
Jefferson County that are not of comparable price or quality to their
counterparts outside of Jefferson County.
The County agrees that the these MOUs satisfy condition 63(c) of County
Ordinance No. 01-0128-08 and fi.rrther agreos that Developer will not be
required to provide additional mitigation for these services (law
enforcement, fire and EMS, school, and transportation, health care,
housing) beyond the terms of the MOUs for developmsnt of the Pleasant
Harbor MPR except as provided in Section 4-2.2 of this Agreernent.
Section 4.STANDARI}S TOR DEVELOPMENT AND OTHER MITIGATION
BY COTJNTY
4.1. County Processing and Review
The review and approval of proposd development applications proposed by
Developer for Developer's Property shall be pursuant to the Pleasant Harbor MPR
Zonng Code (&pend!X ,\) and the County's Permit Application and Review
Procedures/SEPA Implernentation, Chapter 18.40 JCC, which is attached in Appendix E.
4.2 SEPA Compliance
4.2.1. Prior EIS. Theparties acknowledge that potential environmental
impacts from fuftue development of the Pleasant Harbor MPR have been assessed and
addressed in prior environmental docume,nts. The prior reviews were published in the
following doctrments:
Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf
Resort (Septernber 5, 2Q07);
Pleasant Harbor Marina and Golf Resort, Final Environmerrt Impact Staternent
(Noverrber 27,2007);
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Pursuant to Condition 63b of Ordinance 01 -01 28-08, the County required a supplernental
impact staternent on the planned final configuration of the MPR, and the systems
designed to address the conditions and eirvironmental consequences of the MPR as
identified in the Novernber 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 Supplernental Environment
Impact Statenre,nt (_date ),
(the draft and final EIS and SEIS are referred to collectively as the "Prior EISs").
Developme,nt shall substantially comply with the express mitigation 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
of Ordinance 01-0128-08, for all subsequent approvals or permits to develop the Pleasant
Harbor MPR consistent with this Agreement including, but not limited to, plats, short
plats, binding site plans, development perrnits, gading permits and building permits.
Except as provided in this Section, no furthff SEPA review is required, and no additional
substantive SEPA mitigation measures are required for approvals or permits that
authorize development that is consistent with level and range of development analyzed in
the Prior EISs.
The County may require additional SEPA review for a new or modified proposal
that materially exceeds the level and range of development reviewed in the Prior EISs.
For any such new or modified proposal, relevant information from Prior ElSs 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 Plea.sant Harbor MPR
Comprehensive Plan Amendment, Ordinance 0l-0128-08 (Appen4lx 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
constuction.
43 Vesting of Development Srandards and Mitigation
To the fullest extent allowed by law, all development proposed on Developer's
Property shall be vested to and govemed by the terrns of this Development Agreernent,
the Pleasant Harbor MPR chapter of the Jefferson County Znning, and the Unified
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Development Code, now codified at Title l8 of the Jefferson County Code including but
not limited to, those code standards attached to this Agreernent effective on the date of
this Agreernent (as defined in Se.ction 3.1 and attached as Appendices A-l). 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 Agreernant. The vesting period shall be the same as the term of this
Agreernent. Except as otherrwise provided in Section 4.3.1 through 4.3.3 below any new
or different development standards adopted by the County during the term of this
Agreement shall not apply to Developer's Property. To the extent this Agreernent does
not establish standards or requirements covering a subject, element or condition, then the
development approval sought shall vest to and be governed by the County codes,
regulations and standards in effect upon the date of complete application. The
developmant standards identified in this Agreernent shall apply to Developer's Property
for the term of this Agreement, excspt:
4.3.1 Public health or safety requirernents. The Board of County
Commissioners reseles the authority to modify one or more of the standards or
requirernents 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 Agreernent 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 stomrwater. The
Pleasant Harbor MPR shall not be vestod against the application of development
standards imposed by virtue of federal or state pre-emption of the County's regulatory
authority.
4.3.3 Building Codes. Jefferson County Code Title 15, The
International Building Code and lnternational 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. PHASING
5.1 Phasing Plan
Pleasant Harbor and Marina Resort is a planned resod 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 conshucted and/or bonded in phases or subphases. A
phasing plan (consisting of four phases) for development of the Pleasant Harbor MPR
(reviewed as part of the SEIS) is attached as Exhibit 4. Each phase may further be
broken down into discrete sub-phases as conditions dictate. Developer must complete or
bond all necessary infrastructure to support a phase or sub-phase prior to obtaining
approval for a subsequent phase.
1
5.1.1 Phase L Phase I consists of the construction ofprimary facilities
needed to service initial construction of the MPR including the large onsite septic systan,
the first water storage tank and piping distribution system, constuction of the State Route
101 intersection improvements, tansit stop parking and relocated WDFW accsss road.
The Maritime Village Building consisting of 66 residential units and approximately
21,000 square feet of commercial space will also be consEucted during Phase 1.
5.1.2 Phase 2. Phase 2 involves initial development of the central resort
facilities. Golf course construction will commence and the Golf Temace and Conference
Center consisting of 191 residential units and 36,000 square feet of commercial space
will be constructed. Phase 2 also involves construction of the wastewater teatne,nt plant,
development of a second water well, electric power infrastructure and construction of
stormwater facilities._A 52 unit building for staffquarters and maintenance will also be
constructed.
5.1.3 Phase 3. Phase 3 involves completing the golf course,
reconstructing Black Point Road, constructing the sanitary sewer pump stations and force
main, and constucting the majority of the residential units includirg{D Golf Terraces 2,
3 and 4. Sea View Villas and Golf Ter.rAce units. comprising 329 lglel_unitq+hr#pix
(36) Sec View Vi$asunitsrand thi{ty eight (38}Gelf Vista units, i@{*x
5.1.4 Phqpe,4. Phase 4 completes buildout of the Pleasant Harbor MPR
with construction of 206 Sea View Villa residential units and 44 Golf Vista residential
units.
5.2 Preliminary Facilities
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 systern with sufficiant capacity to accomrnodate the waste
discharge for the phase under review and approval.
5.2.3 A road network to accommodate the phase under review and
approval-
5.2.4 Landscaping for the phase under review and approval.
County approval of a phase, whether by preliminary plat or other process, shall
require approval ofpreliminary facilities for the entire phase. The Developer may
conskuct 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
8
the preliminary facilities necessary to senre the lot or tract are complete and the specific
development requiranents within each lot or Uact are complete.
53 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 amenitis (l ) an 18-hole golf course; (2) spa services;
(3) amphitheater; (4) pool; and (5) ropes course. These amenities shall be cornpleted
consistent with completion of the phase in which the amenity is proposed and made
available to mernbers of the general public for a fee to be established by Developer.
Section 6. GENERAL PROVISIONS
6.1 Governing Law
This Agreerrent shall be governed by and interpreted in accordance with the laws
and regulations of the State of Washington.
6.2Binding on Successors; Assignmentl Release of Liability
6.2.1 Bindine on Successors, This Agreernent shall be binding upon and
inure to the benefit of the successors, successors in title and assigns of Developer and
upon the County.
6.2.2 Assignment. The parties acknowledge that developmant of
Pleasant Harbor MPR may involve sale and assignmart of portions of Developer's
Property to other peftions who will own, develop and/or occupy portions of Developer's
Property and buildings thereon. Developer shall have the right to assign or hansfer all or
any portion of the respective interests, rights or obligations under this Agreernent or in
Developer's Property to other parties acquiring an interest or estate in all or any portion
of Developer's Property, including transfer of all interests through foreclosure (udicial or
non-judicial) or by deed in lieu of foreclosure. Consent by the County shall not be
required for any transfer of rights pursuant to this Agreernent.
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 Agreernent pertaining to the property transferred or assigned, and Developer
shall be released of liability under this Agreernent for the property transferred or
assigned, but shall retain liability for anybreach which occurred prior to the tansfer of
rights to another party and for those portions of the Property still owned by Developer.
6.2.3 Release of Liabilitv. Developer shall be released of all liabilities
and obligations under the Agreement if: (a) Developerprovides notice to the County of
an Assignment of the Agreernant and O) the assigned has assumed in writing the
obligations of the Agreement. If the conditions for release are met under this sub-section,
then from and after the date of transfer, Developer shall have no firrther liability or
9
obligation under the Agreement, and the assignee shall exercise the rights and perform
the obligafions of Developer under the Agreernent 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 Agreernent. 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 of Developer's Property
being assigned or transferred.
6.3 Recording; Release as to Residential l)evelopment
This Agreement shall be recorded with the Jefferson Cormty 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 of a final
plat, a condominium declaration or other approved land division in compliance with this
Agreernent that relates to residential development of Developer's Property, then there
shall be executed and recorded with the Jefferson County Auditor a release from this
Agreernent with respect to that particular and specific parcel or parcels of real property
that received final plat approval, filed a condominiuur 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 require,ments of the
development regulations listed in Sections 3 (all) and 4.1 above.
6.4 Interpretation; Severability
6.4,1 lnterlrretation. The parties intsnd this Agreernent 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 Agreernent shall be construed to reserve to the County only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. The parties acknowledge the Countyhas 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 agreernents (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 Developrnent Agreernent Statute (see Ch. 347, 1995 Wash. Laws,
Part V, $ 501-06).
6.4.2 Severability. If any provision of this Agreernent is determined by
a court of law to be unenforceable or invalid, then the remainder of the Agreanort shall
rernain in full force and effect. Further, as to those provisions held by a court of law to
be unenforceable, the parties shall confer and agree to amend the Agreernent to
implernent the mutual intent of the parties to the madmum allowed by law.
6.5 Authority
The County and Developerrespectively represurt and warrant that it has the
respective power and authority to execute this Agreernent.
10
6.6 Amendment
This Agreement shall not be ame,nded 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 Agreernent by ordinance or resolution and only after
notice to the public and a public heming.
6.7 Exhibits and Appendices
Exhibits I through 4 and Appendices A through O are incorporated herein by this
reference as if fully set forth. In the event of any conflict or inconsistency betwee,n the
Exhibits and Appendices and the main body of this Agreernent, the main body of this
Agreanent shall control.
6.E llsxdings
The headings in this Agreernent are inserted for reference only and shall not be
construed to expand, limit or otherwise modiff the terms and conditions of this
Agreernent.
6,9 Time of Essence
Time is of the essence of this Agreernent in every provision hereof. Unless
otherwise set forth in this Agreement, the reference to "days" shall mean calendm days.
If any time for action occurc on a weekend or legal holiday, then the time period shall be
extended automatically to the next business day.
6.10 Integration
This Agreement represents the entire agreernent of the parties with respect to the
subject matter hereof- There are no other agreernorts, oral or written, except as expressly
set forth herein.
6.Il DisputeResolution
In the event of any dispute relating to this Agreernent, 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
departrnent director or the qualified lead planner and other persons with information
relating to the dispute, and Developer shall send an ownetr'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
ll
will immediately identiff amediator and parlicipate in mediation in good faith. The
selected mediator shall have documented experiance and expertise in Washington land
use law. The parties agree to work cooperatively to select a rnediator 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 complaed
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 rernedies available under this Agreement and at
law. The parties agree that the cost of mediation pursuant to this pmagraph shall be
borne 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 Agreernent unless it has failed to perform a
material provision under this Agreernent for a period of thirty (30) days after written
notice of default from any other party. Each notice of default shall specify the nature of
the alleged default and the manner in which the default may be cured satisfactorily. If the
nature of the alleged default is such that it cannot be reasonably cured with the thirty (30)
day period, then commencement of the cure within such time period and the diligent
prosecution to completion of the cure shall be deerned a cure. fuy 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 cornpel performance or
require acfion consistent with this Agreernent. In recognition of the possible assignment
and sale of portions of Developer's Property (see Seetion 6.2.2) any claimed default shall
relate as specifically as possible to the portion of the Property involved and any remedy
against any party shall be limited to the extent possible to the owners of such portion of
rernedies which do not adversely affect the rights, duties or obligations of any other non-
defaulting owner of portions of Developer's Property under this Agreernent. Each party
to this Development Agreernent shall be solely responsible for the costs they incur with
respect to asserting or defending against any dispute, alleged default or civil lawsuit.
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 Agreernent. Members of the general
public, including but not limited to those persons or entities purchasing residences or
condominiums from the Developer, shall not have any cause of action or enforceable
rights under this Agreement.
6.14 Construction
This Agreanent has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafling the
document shall apply to the interpretation or enforcement of this Agreonent.
12
6.15 Notice
All communications, notices and dernands of any kind which a party under this
Agreemant requires or desires to give to any other party shall be in writing de,posited in
the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as
follows:
To the County:
Jefferson Cotrnty Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc:Board of Cormty Commissioners
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E> Raintree Drive, Suite 100
Scottsdale, Arizona 85269
cc:John T. Cooke
Houlihan Law
3401 Evanston Ave. N. Suite C
Seattlg WA 98103
6.16 EstoppelCertificates
Within 30 days following any written reguest that any party or a Mortgagee may
make from time to time, the other party shall execute and deliver to the requesting person
a statqnent certi$ing that: l) this Agreement is in full force and eflecg and stating any
formal amendments to the Agreernent;Z) to the best of the knowledge of the certifying
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 reasonablyrequest information. Failure
to provide a timely response to the requesting party shall be deerned conclusive evidence
that the Agreernent is unmodified and in frrll force and effect and that no notices of
default orviolationhavebeen issued. Issuance ofestoppel certificates is an
administative 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 Agreernent. The parties agree to take further actions and
execute further docurnents, whether jointly or within their respective powers and
authority, to implernent the intent of this Agreunent.
l3
6.18 Indemnification
Exce,pt as otherwise specifically provided elsewhere in this agreernent and any
exhibits hereto, and to the fullest extent possible under the law, each party to this
Agreement shall protect, defend and indernnifu and hold harmless the other party and its
offi.cers, agents and onployees, or any of thern, frorn and against all claims, acfions, suits,
liability, loss, costs, expenses and damages of any nafure whatsoever, which are caused
by or result from any negligort act or omission of the 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 exporse, and if a final judgment is rendered
against the other party or parties or their officers, agents or anployees or jointly the
parties and their respective officers, agents or employees, the pmties whose actions or
omissions give rise to the clajm shall satisfu the same, provided that, in the event of
concurrent negligence, each party shall indernnify and hold the other parties harmless
only to the extent of that party's negligence. This indernnification hereunder shall be for
the benefit of the County as a mwricipal entity and not for thebenefit of the ge,neral
public. Under no sircurnstances will the County be responsible for costs, claims, losses,
damages or expenses associated with the existence or enforcement of any conditions,
covenants and restrictions recorded against the residential properties within the Pleasant
Harbor MPR.
6.19 No Waiver
No waiver by *y party of any term or condition of this Agreement shall be
deerned or constued as a waiver of any other term or condition, or a waiver of any
subsequent breach, whether of the same or a different provision of this Agreanent.
6.20 No Private CCR Enforcement by County
The parties acknowledge and agree that nothing in this Agreemort shall alter,
infringe upon, rnodiff, change, Iimit or restrict the ability or powers of the existing
neighborhood, tract or subdivision property owner or lot owner associations from
anforcing, 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 firrther aclnowledge and agree that Jefferson County bears no
responsibility for the enforcement, interpretation or resolution of any dispute, filing,
grievance, complaint or appeal that might arise as a result of recorded covenants,
conditions or reshictions relating to tracts, subdivisions, lots or parcels within the
Pleasant Harbor MPR.
6.21 Entire Agreement
This Development Agreement consists of the Resolution ap,proving the
agreernent, the Agreernent pp. l-17, Exhibits 1-4, and Attachments A-O.
l4
JEFFERSON COTINTY
Jefferson County Board of County
Commissioners
Chair, John Auslin
Member. David Sullivan
Member, Phil Jolurson
15
APPROVED AS TO FORM:
Prosecuting Attomey
Carl Smith
Director of Community Development
PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP
Its:
Attachments:
Exhibit 1 - Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina, LLC Property
Exhibit 2 -ZoningMap of Developer's Property (to be supplied)
Exhibit 3 -Pleasant Harbor Marina and Golf MPR l,and Use Map (recordable version of
Comprehensive Plan map)
Exhibit 4-Phasing Plans
Appendix A - MPR zoning chapter, Title 17 and 18 as amended
Appendix B - Stormwater Management Code, Chapter 18.30.070 JCC
Appendix C - Critical Area Code, Chapter 18.22|CC
Appendix D - Land Division Code, Chapter 18.35 JCC
Apperrdix E- Land Use Application Procedures Code, Chapter 18.40 JCC
Appendix F- Shoreline Master Program, Chapter 18.25 JCC
Appendix G - Additional development standards, Chapters 12.05,12.10, and 18.30 JCC
Appendix H - Water Senrice PIan [from SEIS]
Appendix I - Sewer Service Plan [from SEIS]
Appendix J - Memorandum of Understanding
l. Schools
2. Fire/EMS
3. PolicePublic safety
4. Transportation
5. Health Care
6. Housing
16
STATE OF WASHINGTON
COTNTY OF
2014, before me, ttre undersigned, a
Notary Public in and for the State of Washinglon, duly commissioned and swom,
personally appeared Melvin G. Mann, to me known to be the person who signed as
manager of Pleasant Harbor Marina and Golf Resort, LLP, the Washington limited
liability company that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said limited liability company
for the uses and purposes therein mentioned, and on oath stated that he was duly elected,
qualified and acting as said officer of the limited liability company and that he was
authorized to execute said inskument.
IN WITNESS WHEREOF I have hereunto sst rny hand and official seal the day and year
first above written.
Dated this _ day of 2014.
(Signature ofNotary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and forthe State
of Washinglon, residing at
My Appointment Expires:
)
)
)
SS
t7
On this day of
EXHrBrr I
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the
properties described below, excluding only that potion of any parcel llng westedy of US
101, and together with leased fidelands supporting the Pleasant Hmbor Marina; all as
illustrated at Figure l-5, page l4 of the Briruron Master Planned Resort FEIS iszued
November 27,2008.
Parcel A APN 502153002
The Northeast % of the Southwest % of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a p€rpetual 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
15;
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;
thmce East, parallel to said South line, to the East line of said Southwest tA of the
Northwest %;
thence South 30 feet to the point of beginning;
And over and across the Wqst 30 feet ofthe 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 Y, of the Northwest % of the Southwest % of Section 15, Township 25 North,
Range 2 West, W.M., in Jeffsrson County, Washinglon;
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. 70gl7, records of Jefferson
County, Washington.
Situate in the County of Jefferson, State of Washington.
I
Parcel C APN 502f53023
Those portions of Sections 15 and ZZ,bothin Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest % of the Southeast tA and Government Lot 7 of said Section 15, and
Government Lots 2 and 3 of said Section 22;
Except those portions thereof Iying East of the West line of the East 695.00 feet of said
Southwest tA of the Southeast %, and East of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Government lnt 7, lying
Southerly of the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
situate in fiont of, adjacent to and abutting upon the rWest % in width of said Govemment
lol2, in said Seaion 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest Yo of the Southeast % of Section I 5, Township 25 North,
Range 2 Wes! 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 Yo 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 15, Township 25 North,
Range 2 West, W,M-, described as follows:
2
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway 101;
Except the right of way for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor's File Nos. 223427 and 410399, records of Jefferson County,
Washington.
Also Excepting Therefrom the following hact:
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 tri'ue point of beginning;
thence Southwesterly along said Highway, I 17 feet
thence South 88o 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 8So 23' 07" West to the true point of beginning of this exce,ption.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot I of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
I,ot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel H APN 502152016
Lot 3 of Watertouch Short Plat, as recorded in Vohmre 2 of Short Plats, pages 205 and
206, records of Jefferson Cowrty, 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.
J
Parcel I APN 502f52013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221to223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jeffsrson C ounty, Washin gton,
Except that portion of Lot 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 Cormty, Washington, being more
particularly described as follows:
Commencing at the North t/o corner of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88" l3' 42" East along the North line of said Section l5 for a distance of
364.50 feet to the point of beginning;
thence continuing South 88" l3' 42" Bast238.76 feet to the line of mean high tide;
thence South 61,o 12' 00" West along the line ofmean high tide 34.78 feet;
thence North 40o 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 2l.o 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
Lot2, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats, pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel KAPN 502153020
Those portions of the Southwest % of lhe Southeast % of Section 15, and Govemment
Lot 2 of SectionZZ,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest r/o of the Southeast %, as measrred along the
North line thereof;
4
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation ofthe West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Thoseportions ofthe Southwest % of the Southeast % of Section 15, and Govemment
Lot 2 of Section}2, 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 Yo of the Southeast %, as
measwed along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation of the East line of said East 345.00 feet.
Situate in the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest % of the Southeast % of Section 15, and Government
l,ot 2 of SeclionZ?,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 Ya of the Southeast %, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 llng East of the Southerly
prolongation of the West line of said East 695.00 feet and West of the Southerly
prolongation of the East line of said East 520.00 feet.
Situate in the County of Jefferson, State of Washington.
5
PLACEHOLDER FOR
EXHIBIT F
MASTER PLAN
FOR THE
PLEASANT HARBOR MARINA AND GOLF RESORT
EXHIBIT G
A 30tlt3 US llwy lol, ilnmn WA ,8320
(360) 796{6r I (lo0} ta7-3.t79
for: (t56) I'lt{6I2
PT-EASANY HAREIoR. . -- M.{r'^.r.r1c!,rf !rst..,Al - -.---
Septsmber 29 2010
MEMORAND1IM OF TINDERSTANDING
Housing
THIS AGREEMENT, by aod betwoen Pleasant Ha6or Mrina aod Golf Resort LLP (Company)
and Jefferson County is desigred to address impacs associated with development of the Pleasant
Harbor Marina and Golf Reso,rt (Rcsort), now under regulatory rwicw by the County, not
addrcssed by incrcased rcvenue from the proposed Resort and subject to supplcrnental mitigation
to as$re concunency in accordance with the ordinance of ryproval, frinance 0l-0I2E-08,
paragaph 63(c), which pmvided a requiremeal tbat the SEIS review mernorarda of
understanding on appropriate mirigation for the follouring:
To provide noeded support for the Brinnon School, Fire Dsrict, Emergency Service (EMS),
Staff llousins. Policc, Public Hca.lth, Prks and Recreatioo and Transit. . .
And Conditron 63{ g) which states. "The devcloper shall commission a studv of the number of
iobs clgected to be creared as B dirc.ct or indirurt result of the MPR that earn 80% fi less of lhe
9nnnon area average m€'dian incorne (AMI). The develooer shall urovide afl'ordable housine.
{e.s.. no morc than ^10% of household incoure) for the Brinnon M.PR Eorkors roughlv
progrrtional to the number of iobs created that ear4.80?i, or lcss of tle Brinnon atea AML Thg
dcvelooer mav satislv this condition tlnough derjication ofland. pavrncnt ofin liru f'cc. or onsite
hrnrsine developmeirt,
Housing
Rcntal bousing in the Brinnon area is Umited as described in Section 3.5.6 of thc Final
Environmental lmpact Statcrnent for the Proposed Brinnon Mastcr Plannod Resoa (FEIS)
(November 27, 2W7} The Resort will take the following steps to miligate housing impacts
relaled lo the Rcsorl developmcot:
l. During consfuclion, conEtruclion worktrs will have occess to {crnosrury }oosir+!:-at-lhe
existing 60-unit RV facility on sile ss slaled on page 3-65 of the FEIS.
2. able stalThousinp (not more thao
30% o.f income) will be availablc to accommodate a do*leped-eendxion workforce
lfsl1rrl lOa to 208 e,rrployg,r (52
units-). This will be located ahovr'ir the ggla--_Qglllcr--+,+8ileftl+roc A*i+4i*g/Staff
Qattcn, a muhi-use struchre in tle golf coursdresorl area,--el+he-sit+desigae4+o
'ninimizs th€ isp To cornolv rvith thc roueh orurorticxrality ruder
Crxdition 63(e). ilrose I'ull-time staflwho malic less than S34.l4J (Effzi, of the Brinnon
AMI) annuallv ond who arc not ablc -abL+to residc on-site in thc StaffOuartr;n.duc tr> Iull
occuoancv._shall be cornocnsated bv the r_qsort develoos.icnrcrstor for the diffc'rence
between thcir off-sije rental cxpen.sc that is ovcr 30o1o of dreir monthlv take-home waee,
3. Scnior management will be housed in the Golf Chalets adjacent to Terr.ace Building l.
4. Booking Staff will be housed in assigred suites, within tlr pro,posed Maritimc Village at
the intersection of Black Point Road wilh U.S. Highway l0l, to accommodate late
arrivals. Full-Time Bmkine stall'r*ho do not eam rnorethan $34.143 onnunllv shall not
oav nrore than 307o oltheir take-home nronthlv income lbr housine.
ForEttdl Irdent: tef 0'
Foill.(tai Indert Left 0"
Aonmved Bv Jefferson C,ountv
I of2
Simhrrc Print Dale
Je{ferson County
Prim Dale
M. Gdth Mann, hcsidcnt &CEO Statesman Group
2 of2
Aooroved Bv M. Grth Mann (President & CEO Statesman Grouo)
EXHIBIT B
Co6md T*b Relatd lo SflS El€rcnB of S. tl#nmon!Ab. Topi6 of Cmrun!
t.nh tBh &
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,eFferton County .- Pult. Works
Pon Gamble 5'Klallnm Tribe
w?sh St. OAHP
Wash. St, DOE
\ryarh.9r. DOH
warh. St. DOT
Erinnon 6roup
Friends o, Miller State Park
Hood Canai Itvironmen[al Coun.il
Notue* Waterhed lnstitute
Olympi. Envlronmental Counol
sieile Ckt)
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Bonnie Seaudoin 82
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Belinda G.aham
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, Brenda M.Millan
u Rob Mitcheil
?9 Rkhard aed shoila M@re
40 William a4d Rorianne Morns
4l Miriam Murdeh
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Lynne Robinsoo
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David P. Sadler
David P. S.dler $2
_2015 $1
Summaty of Commdtts R*dved on Drrft SE S
Chaptet 5
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PeEr SieIen
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fred Stern
Wrilam and Virto,ia Stewan
Phil Thenstedt
Judd rrbert
6rcgand Tina Tyler
Lori trddenbere
Steve Walker
Oel atro Terri weron
(atie Whitman
Lynd. \#llsn
Ralph Woodall
PUEUC ME€NNG COMMENT
George SicIel {?)
Mike Wdd
Miriad Surdo(ft
Rob M}chell
Janice Riahards
Vi&ria M?rihall
,oe 8ai<h
John Adr*s
fron ?
Jahn willouby
stew Engle {?}
Nicole Bl:.k
Riahard Whitcofi
Oon Haren
John &wd
Phil Dunster
Do, Skan8ee (?)
Un.named Coflmecters
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*2
Pleasant Harbor Flnal SEIS
_ 2015
Summary ol Commenls R.eeiv€d on Dmft SEIS
Chaptq 5
I
a
Pleasant Harbor FSEIS
Staff Review Summary
FSEIS: stands for "FinalSupplemental Environmental lmpact Statement." Required by Board of County
Commission's condition (b) Ordinance No, 01-0L28-08 for project-level environmental review of the
resort development under SEPA.
FSEIS conclusion: there will be no significant adverse environmental impacts as a result of the proposed
action (resort development under Alternative #3) as long as the identified mitigation measures are
implemented.
FSEIS adequacy: the FSEIS is presumed to be adequate for the purposes of satisfying SEPA requirements
and condition (b) of Ordinance No. 01-0128-08. We will hear comments on the adequacy of the FSEIS at
the public hearing, but that does not open up the comment period for environmental review. Appeals as
to the adequacy of the FSEIS may be made to the Growth Management Hearings Board afterfinalaction
by the Board of Commissioners on the Development Agreement and Regulations.
The FSEIS is broken down into the followine sections:
Volume I
1, Cover letter - DCD's introduction to the FSEIS. lncludes summary of Alternatives (SEPA requires
alternatives to the "proposed action" or "preferred alternative" and a comparison of those
alternatives - WAC L97-11,-440(5)), some background on the application, information about the
Planning Commission Public Hearing, and where to find the FSEIS.
2. Fact Sheet - provides a summary of the proposal, alternatives, information on the applicant and
county contacts, required permits, authors and technical team members, and background on
prior actions.
3. Table of Contents - where to find specific information, including tables, maps and figures.
4, Chapter 1- background on the application, alternatives, comparison of the alternatives and
their environmental impacts (Table 1.1), summary of mitigation measures and significant
unavoidable adverse impacts by element.
5. Chapter 2 - description of the proposal and alternatives. lncludes detail of the resort elements,
alternatives, location, site plan, maps, types of development, amenities and recreational
facilities, project phasing, benefits and disadvantages of implementation.
6. Chapter 3 - ln depth detail on the environmental review, impacts and proposed mitigation for
each environmental element.
7 . Chapter 4 - Key Topics Areas. lncludes those areas of concern as indicated by the comments
received.
8. Chapter 5 - summary matrix of comments
9. Chapter 6- references.
Volume Il
t. Exhibit 1- Comments received on the Draft SEIS and the SEIS Team (Staff, Consultant, Applicant
and TechnicalTeam) response to each comment.
2. Exhibit 2 - Comments received at the Planning Commission meeting held December 3,2014,
and SEIS Team response to those comments.
Volume lll (same as Volume ll of the Draft SEIS)
1. Appendices - includes the list of parties who would receive the notice of FSEIS availability,
scoping summary, technical reports, and draft Memorandums of Understanding for service
providers.
Staffsussestion: youshouldatleastreadupthroughChapterl, lfyouneedmoredetailonthe
project/resort, read Chapter 2. lf you need more detail on a specific environmental element, read
Chapter3. lfyouneedevenmoreinformationonhowtheconclusionsinChapter3werearrivedatfora
specific element, see Volume lll for the specific technical report related to that element. Chapter 4 & 5
willgiveyou a sense of concernsfrom citizensand agencies, whileVolume llgives more detailon those
comments and associated responses.
FSEIS can be reviewed and downloaded here:
http://www.co.iefferson.wa. us/commdevelopment/Brinnon M PR.htm
CDs are available to the Planninq Commission members at the DCD office.
A hard copy can be found at the DCD office, Jefferson County Library and the Brinnon Fire Hall
Unified Development Code (UDC) Amendment Process
The Planning Commission's role in the Pleasant Harbor proiect is limited to providing the Board of
Commissioners a recommendation on the Development Regulations, aka GMA lmplementing
Regulations, and are therefore limited to steps 5 & 6 below.
UDC amendments are Boverned by Jefferson County Code, JCC 18.45.090, and subject to review under
the State Environmental Policy Act (SEPA), WAC 197-11. The UDC amendment process can be simplified
in 8 Steps detailed below.
1. Amendment initiated by Department of Community Development (DCD) stafl the Board of County
Commissioners (BoCC), the Planning Commission (PC) or by application submittal.
2. DCD staff provides preliminary review of the proposed amendment and presents to BoCC for direction
on whether or not to place on DCD work plan.
3. DCD staff reviews the amendment, prepares a staff report and makes recommendation.
a. When an Environmental lmpact Study (ElS) or Supplemental EIS (SEIS) is required, the applicant
works under the supervision of the SEPA Responsible Official to provide special studies and
prepare the Draft EIS (DEIS). This process includes a public scoping meeting to determine the
scope of the EIS and a public comment period forthe DEIS. SEPA is an administrative review that
may occur outside of the Planning Commission process.
b. The DCD staff report will reference the DEIS or FEIS as applicable.
4. Notice of lntent to amend the development regulations shall be provided, and public hearing before
the PC is scheduled
a, At least 10 days prior to the date of the hearing perJCC 18.45.090(2Xb); and
b. At least 60 days prior to final adoption per WAC 365-195-620.
5. The PC shall hold a public hearine, JCC 18.45.090(3), to solicit testimonv
6, The PC shall make a recommendation to the BoCC using the site-specific criteria set forth in JCC
18.45.080(1)(b) and (1Xc), as applicable.
7. The BoCC shall consider the proposed amendment at a regularly scheduled meeting and apply the
criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable.
8. The BoCC may adopt the PC recommendation or may conclude a change in the recommendation is
necessa ry.
a. A change requires the Board conduct its own public hearing and comply with notice requirements.
b. The FEIS shall be issued at least seven days prior to the Board's decision
6er Sheridan St.
Port Townsend WA 98368
Jefferson County Planning Commission
HEARINGAGENDA
Brinnon School,46 School house Rd.
January 6,zot6
P: g60-579-4450
F:36o-379-44S1
plancomm @co jefferson.wa.us
Callto Order/Roll Call
Approval of Agenda
Staff Updates
Com missioner An nou ncements
Topic
Applicant Presentation
Staff Presentation
Q&A Period
Public Comment
When
Pleose
The comments provided during
Summary of today's meeting
Follow-up action items
you to speok, pleose begin by stating your nome
Agenda ltems for January 20th meeting, 6:30pm at the Tri Area Community Center
OPENING BUSINESS
6:30 pm
PUBLIC HEARING
Pleasant Harbor Master Planned Resort
6:45 pm
7:30 pm
8:15 pm
Speoker
Garth Mann, Statesman Group
David W, Johnson, DCD Associate Planner
CLOSING BUSINESS
8:45 pm
ADJOURNMENT