HomeMy WebLinkAbout147Building Permits & Inspections I Development Consistency Review I Long Range Planning I Square One Resource Center
RE:
File No:
Applicants:
STAFF REPORT
TO
JEFFERSON COUNTY PLANNING COMMISSION
AND
BOARD OF COUNTY COMMISSIONERS
Master Planned Resort
Development Regulations
Development Agreement
WN0S-00056; MLA0S-00188
Pleasant Harbor Marina and
Golf Resort, LLC
)
)
)
)
)
)
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMMENDATIONS
SUMMARY OF APPLICATION AND RECOMMENDATION:
Application: 1.h.e proposed Pleasant Harbor Master Planned 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 Amendment to re-designate fourteen (14) parcels from Rural
Residential to Master Planned Resort zoning (MLA06-00087). The project also requires approval by the
Board of County Commissioners of a development agreement (DA) between the County and Developer
as to the terms and conditions under which the development shall take place. The proposal includes
completion of a Supplemental Environment Impact Statement (SEIS) to ensure compliance with the State
Environmental Policy Act (SEP A) and review and recommendation by the Jefferson County Planning
Commission (PC), with final approval by the Board of County Commissioners (BoCC).
Recommendation: Approval with Conditions
Project Planner: David Wayne Johnson, Associate Planner
BACKGROUND INFORMATION:
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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Pleasant 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 Community, 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, 021 & 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 Campground
on Black point (BSAP page 45) as an ideal location for a Master 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 1, 2006 The Statesman 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 Impact Statement be changed from a permit-level, project EIS to a non-project, or
programmatic EIS, necessitating the need for a Supplemental or project level EIS (SEIS) prior to
development. On November 27, 2007, a programmatic Final EIS was issued in association with a
Comprehensive Plan Amendment request to re-designate the subject 256 acres from rural residential to
Master Planned Resort. The Jefferson County Board of Commissioners (BoCC) approved the request on
January 28, 2008 with Ordinance No. 01-0128-08 (Exhibit A of this report), stipulating through
conditions that any subsequent project level action would require a Supplemental EIS (SEIS).
In April of 2008, The Statesman Group applied for a Unified Development Code (UDC) Text
Amendment and Development Agreement (MLA0S-00188) to implement the MPR. A public "Scoping
Meeting" 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 12, 2011 to address applicant initiated changes to the alternatives of the project due to
the adoption on new Shoreline regulations. On July 3, 2012, DCD informed the applicant that it would be
hiring a third party consultant to draft the SEIS. On February 11, 2013, DCD signed a contract with EA
Blumen (now EA Engineering) to author the 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. Re-development and renovation of the
Marina under an existing Binding Site plan began in May 2010 and was completed in April 2015. 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 environmental elements. A Final SEIS (FSEIS) was issued on December 9, 2015.
Site Description: The Pleasant Harbor site is located in south Jefferson County on the western shore of
Hood Canal, about 1.5 miles south of the unincorporated community of Brinnon. More specifically, the
site is located on a 710-acre peninsula known 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 formed by the west shore of Black Point and the mainland, and is
connected to Hood Canal by a narrow channel at the harbor's north end. The project site consists of 13
parcels and is located on approximately 256-acres; 220-acres are located south of Black Point Road, 36-
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; laundry; and boaters' shower; restroom building and docks for moorage
of 300 slips. An existing Binding Site Plan (BSP) allowed redevelopment of these structures within the
same building footprint under separate building permits.
A small building that contained a former real estate office is located at the intersection of Black Point
Road and U.S. Hwy 101. The area from this intersection to the BSP boundary is forested with a narrow
paved and gravel road that connects the gravel parking lot for the small office building with the marina
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 the south of Black Point Road is unused and consists of
overgrown vegetated areas (trees, shrubs, and grasses), a system of paved and graveled roads, paths,
parking areas, tent camp sites, recreation vehicle (RV) pad sites, picnic areas with shelter buildings, an
activity center and swimming pool that has been filled with soil, playground equipment, restroom
buildings with septic tanks and drain fields, wells 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 portion of the site is a steep bluff (1 0o+ 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 access will not be allowed as part of this proposal.
A Washington Department of Fish & Wildlife (WDFW) property located north of Black Point Road is
approximately 28.7-acres and contains a boat ramp and picnic facilities at the sound end of Pleasant
Harbor. A boat access road connects Black Point Road to the boat launch. The remainder 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 north within the site area; however, a narrow paved and gravel road
connects the gravel parking area for the small former office building and the Pleasant Harbor Marina.
Direct access to the gravel parking lot is from U.S. Hwy 101. This narrow road is overgrown in some
areas. Vehicular access to the Pleasant Harbor House is via the marina area which accesses U.S. Hwy 101
and access to the Bed and Breakfast is direct via the gravel driveway.
Vehicular entry to the existing campground is via Old Black Point Road, an undefined County Road that
serves 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 101. Public access to the campground 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 logging activities and the former Black Point
campground. Vegetation consists primarily of an over story of Douglas-fir with red alder, black
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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 several relatively flat terraces, interspersed with steep slopes and a series of
kettles or depressions. The topography of the site ranges from mean sea level (rnsl) to about 320 feet
above rnsl on the peninsula, and from ms! to approximately I 00 ft. above rnsl in the area north of Black
Point Road. Slopes on the peninsula range from less than 2 percent 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 point on the
peninsula ( at existing grades) occurs in the southeast portion of the 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 Bin 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 well-drained. Three wetland systems have been delineated in the central and eastern portions of the
site. Refer to Section 3.7 of the SEIS for further information on wetlands. Two streams 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 streams 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 Breakfast. Another well outside of the SEIS boundary serves 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 Peninsula.
The existing wastewater collection, treatment and discharge system on the site consists of gravity sewer
collection systems, septic and pump tanks, pumps, forcemains, and subsurface drainfields. The Pleasant
Harbor House has its own pump tank and grinder pump. The Bed and Breakfast is served by its own
septic system. 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 101 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 Chapter 2 of the FSEIS.
Proposal Alternatives: The FSEIS evaluates potential impacts resulting from the proposed project-level
development. The following are alternatives evaluated within the FSEIS:
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1. Alternative 1 consists of an 18-hole golf course, 890 residential units, 49,772 square feet of
commercial space and resort related amenities on a 231 acre site, with 31 acres of natural area
preserved and 2.2 million cubic yards of earthwork required for golf course grading.
2. Alternative 2 consists of the 18-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 l
million cubic yards of earthwork for golf course grading.
3. 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 commercial space with resort
related amenities and 103 acres of natural area preserved with 1 million cubic yards of earthwork
for golf course grading
4. No Action Alternative -it is assumed that the site's current land use designations would remain
(Comprehensive Plan MPR and Rural Residential zoning designations) and the site would remain
primarily in rural residential use. Two scenarios are analyzed for this alternative in this Final SEIS;
Scenario A -Continuation of existing conditions; and, Scenario B -Redevelopment 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 re-developed under an existing Binding Site Plan.
Project Phases: The applicant proposes to complete the Pleasant Harbor Marina and Golf Resort over
the course of approximately 10 years, or in response to market demand. The phasing plan for
development under the preferred Alternative 3 is as follows:
Phase I:
• Construct U.S. Hwy 101 and Black Point Road intersection improvements
• Construct Marina Access Drive within SEIS site
• Construct relocated WDFW Boat Access Road
• Construct Water Storage Tank at Tee 9 with transmission/distribution piping
• Redevelop Resort Well
• Create Construction Materials Processing Location on Golf Course Site
• Construct Septic Tanks and Sand filters on WWTP Site (Large Onsite Septic System -LOSS)
• Construct Drip Line Drainfield in Fairway 14 (LOSS)
• Set up Construction Camp
• Construct Maritime Village Building and Parking
• Construct Transit Stop Parking
Phase 2:
• Construct Electric Power Infrastructure for Resort Site (Mason County PUD Improvements)
Construct site utilities for Phase 2 -utilities underground and roads
• Construct Terrace l Building (191 units; 36,000 sf commercial)
• Develop second well
• Construct Kettle B Reservoir
• Create wetland in Kettle C
• Construct storm pond at Fairway 10 with stormwater pumps
• Clearing and grading of site
Begin Golf Course construction (grading/contouring) and create plant/tree nursery
• Construct Wastewater Recovery Plant
• Construct Maintenance Building and Staff Quarters (52 units)
Phase 3:
• Construct Golf Terraces 2, 3 and 4 (329 units)
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• Construct Sanitary Sewer Pump Stations and Force main
• Construct site utilities for Phase 3 -utilities underground and roads
Complete Golf Course Construction
• Construct Golf Halfway House (snack and beverage) at Fairway 9
• Reconstruct Black Point Road
• Golf Course opens
Phase 4:
• Construct Seaview Villas (206 units)
• Construct Golf Vistas (44 units)
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan designates the subject
parcels as Master Planned 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 county commissioners
(BoCC) determines are appropriate for development as a master planned resort consistent with the
Comprehensive Plan policies and RCW 36.70A.360. The BoCC re-designated 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 (MLA08-00188) to amend the GMA hnplementing
regulations (Unified Development Code -Jefferson County Code Titles 17 & 18) and a request for a
Development Agreement 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 18.40.110(4).
STATE ENVIRONMENTAL POLICY ACT (SEPA): This application was reviewed under the State
Environmental Policy Act (SEPA), utilizing the Supplemental EIS (SEIS) type per WAC 197-ll-
405(4)(a) and as required by Jefferson County Ordinance No. 01-0128-08 condition 63(b). Jefferson
County, as Lead Agency, issued a Draft SEIS on November 19, 2014 with a 45 day comment period that
ended on January 5, 2015. The Final SEIS (FSEIS) was issued on December 9, 2015.
JEFFERSON COUNTY DEVELOPMENT APPROVALS AND PERMITS REQUIRED:
• Type V Amendment to Development Regulations
• Type V Development Agreement
• Type III Binding Site Plan or Type I Boundary Line Adjustment
• Type I Stormwater Permit for Infrastructure and Class N General Forest Practices with Public
Works review
• Type I Building permits
APPLICABLE JEFFERSON COUNTY ORDINANCES:
• Jefferson County Code (JCC), JCC Titles 17 & 18, Unified Development Code, as amended
• Jefferson County Comprehensive Plan, adopted August 28, 1998, as amended
NOTICE REQUIREMENTS:
As required under JCC 18.40.150 & 780
Public Notice was published in the Port Townsend-Jefferson County Leader newspaper and mailed to
parties of record:
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• Notice of Scoping for Preparation of Supplemental Environmental hnpact Statement to address
Zoning Code Amendments, Development Agreement, and Project Level Environment Review of
the Master Plan for the Brinnon Master Planned Resort: October 14, 2009.
• Notice of Availability of Draft Supplemental Environmental Impact Statement (DSEIS) and
Request For Comments on DSEIS for Pleasant Harbor Marina and Golf Resort LLC Master
Planned Resort: November 19. 2014
• Notice of Availability of Final Supplement Environmental hnpact Statement (FSEIS) and Notice
of Planning Commission Public Hearing and Notice of Intent to Amend Unified Development
code (UDC) for Pleasant Harbor Marina and Golf Resort LLC Master Planned Resort: December
9. 2015. Notice was also posted on the project site on December 23. 2015.
COMMENTS:
Public and Agency comments and staff responses to each comment 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.
PROPOSED FINDINGS AND CONCLUSIONS:
This section constitutes staffs findings and conclusions regarding the applicant's consistency with
Washington State Statue, the Jefferson County Comprehensive Plan and the Jefferson County Unified
Development Code.
1. RCW 36.70A.360 Master Planned Resorts: The proposed development is subject to the following
criteria and requirements of the Revised Code of Washington (RCW)
(1) Counties that are required or choose to plan under RCW 36.70A.040 may permit master 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-term visitor accommodations associated with a range of developed
on-site indoor or outdoor recreational facilities.
Staff Comment: as reviewed, approved and conditioned under Ordinance No. 01-0128-08
(Exhibit A), the proposal complies this criterion. Subsequent development shall comply with the
conditions of approval under Ordinance No. 01-0128-08 #63(a) thru (dd), and specifically
condition 63 (aa) that requires a minimum of 65% 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. 01-0128-08 was appealed and upheld by the Western Washington Growth
Management 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: "In 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 Management Act's public participation
requirements, as well as the process required under the Jefferson County Code. In addition, the
Board finds in this Order that Petitioners have failed to demonstrate that any of the challenged
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aspects of the Brinnon MPR create an inconsistency such that one feature of the Jefferson County
plan is incompatible 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 requirements of Chapter 43.21C RCW
including implementing regulations in Chapter 197-11 WAC and JCC 18.40.700 et seq. including
the procedural requirement for consideration of alternatives 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 related to sewer, water, storm water,
security, fire suppression, and emergency medical, provided on-site shall be limited to meeting
the needs of the master planned resort. Such facilities, utilities, and services may be provided to a
master planned resort by outside service providers, including municipalities and special pmpose
districts, provided that all costs associated with service extensions and capacity increases directly
attributable to the master planned resort are fully borne by the resort. A master planned resort and
service providers may enter into agreements for shared capital facilities and utilities, provided
that such facilities and utilities 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 treatment. Basic security systems and personnel will be provided on-site by the
developer, along with a 500 square foot room dedicated to law enforcement. Fire and emergency
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 Sheriff's Department, 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 manner 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.
Staff Comment: Water rights have been granted for three (3) on-site wells by the Department of
Ecology under application number G2-30436. Approval of a Class A Water System by the
Department of Health is required prior to any County development permit approval per
Ordinance No. 01-0128-08 condition (n).
(3) A master planned resort may include other residential uses within its boundaries, but only if the
residential uses are integrated into and support the on-site recreational nature of the 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. 01-0128-08
condition (g). Both uses are integrated into and support the recreational nature of the resort.
(4) A master planned resort may be authorized by a county only if:
(a) The comprehensive plan specifically identifies policies to guide the development of master
planned resorts;
Staff Comment: Comprehensive Plan Land Use and Rural element goal LNG 24.0 and policies
LNP 24.1 thru 24.13 guide the development of new Master Planned Resorts and will be addressed
specifically in the following section on the Jefferson County Comprehensive Plan. Under
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Ordinance No. 01-0128-08, the BoCC made an affirmative statement to satisfy this criterion (see
Exhibit A, page 5 #34).
(b) The comprehensive plan and development regulations include restrictions that preclude new
urban or suburban land uses in the vicinity of the master planned resort, except in areas otherwise
designated for urban growth under RCW 36. 70A.1 l O;
Staff Comment: Under Ordinance No. 01-0128-08, the BoCC made an affirmative statement to
satisfy 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 otherwise would be designated as
forest land or agricultural land under RCW 36. 70A.170;
Staff Comment: Under Ordinance No. 01-0128-08, the BoCC made an affinnative statement to
satisfy 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
Staff Comment: 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 infrastructure and service impacts are fully considered and mitigated.
Staff Comment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, stormwater, telecommunications and public services, and under
Ordinance No. 01-0128-08 condition (c), Memorandums of Understanding are required for all
public service providers.
[1998 c 112 § 2; 1991 sp.s. c 32 § 17.]
NOTES:
Intent-1998 c 112: "The primary intent of this act is to give effect to recommendations by the 1994
department of community, trade, and economic development's master planned 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." [1998 c 112 § 1.]
Staff Comment: The 30 conditions imposed on the developer under Ordinance No. 01-0128-08
and specifically condition (c) that requires Memorandums of Understanding (MOUs) with service
providers is the BoCC response to this intent.
2. Jefferson County Comprehensive Plan: The proposed development is subject to the goals and
policies of the Jefferson County Comprehensive Plan. The following Plan goals and policies apply to
the proposal:
The Jefferson County Comprehensive Plan, 1998, Land Use and Rural Element
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MASTER PLANNED RESORTS
~ required under Ordinance No. 01-0128-08 Section Two, the following text amended the
Comprehensive Plan narrative on page 3-23, last paragraph:
"Early in 2008, Jefferson County designated a new Master Planned Resort (MPR) 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 further developed to
include additional commercial and residential uses such as townhouses and villas. The Black
Point area 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 center. The overall residential
construction would not exceed 890 total units."
Staff Comment: Since the adoption of Ordinance No. 01-0128-08 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 complex. As such, Staff recommends the following revision to this text to be
included the Ordinance adopting the Development Agreement, as well as included in the periodic
update to the Comprehensive Plan Amendment due June, 2018:
"Early in 2008, Jefferson County designated a new Master Planned Resort (MPR) in Brinnon,
known as the Pleasant Harbor Master Planned Resort. The new Master Planned Resort is 256
acres in size and includes the Pleasant Harbor Marina and Black Point areas. The Marina area is
existing and would be fiHther dtwelOf!ed te inelude additieaal eommereial afld residefltial uses
sueh as tevlilheuses aad v'.illasredeveloped under a legally permitted Binding Site Plan. The Black
Point area and Maritime Village along the Highway 101 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 center. The overall residential construction would not exceed 890 total units."
GOALS AND POLICIES -Land Use and Rural Element
Goal 24.0 (p. 3-65) states:
Provide for the siting of Master Planned Resorts (MPRs) pursuant to the adoption of development
regulations consistent with the requirements of the Growth Management Act (RCW 36.?0A.360),
in locations that are appropriate from both an economic and environmental perspective.
Staff Comment: The proposal is consistent with this goal since Ordinance No. 01-0128-08
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 urban growth areas as
limited by RCW 36.?0A.360.
Staff Comment: The proposal is consistent with this policy as approved under Ordinance No. 01-
0128-08.
Policy 24.2 -Owners of sites where MP Rs are proposed to be located must obtain an amendment
to the Comprehensive Plan Land Use Map, giving the site a master planned resort designation
prior to, or concurrent with an application for master plan review. The comprehensive plan
amendment process should evaluate 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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be considered in determining whether any particular location is suitable for a master planned
resort.
Staff Comment: The proposal is consistent with this policy as approved under Ordinance No. 01-
0128-08.
Policy 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 shall further include a review of the adjacent Comprehensive Plan land use
designations/districts to ensure that the designation 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 master planned resort within or adjacent to an existing Urban
Growth Area or within or adjacent to an existing area of more intense rural development, such as
an existing Rural Village Center or an existing Rural Crossroad designation.
Staff Comment: The proposal is consistent with this policy as approved under Ordinance No. 01-
0128-08.
Policy 24.4 -MPRs should not be located on designated Agricultural Resource Lands or Forest
Resource Lands, unless the County specifically makes the finding that the land proposed for a
Master Planned Resort is better suited and has more long-term importance for the MPR than for
the commercial harvesting of timber or production of agricultural products, and also makes the
finding that the MPR will not adversely affect adjacent Agricultural or Forest Resource Land
production.
Staff Comment: The proposal is consistent with this policy as approved under Ordinance No. 01-
0128-08.
Policy 24.5 -The master planned resort shall consist of predominantly, short-term visitor
accommodations and associated activities, but may include some other permanent residential
uses, including caretakers' or employees' residences and some vacation home properties, provided
they must be integrated into the resort and consistent with the on-site recreational nature of the
resort. MPRs may propose clustering construction, setbacks, lot sizes, and building sizes that vary
from those normally found in the Rural or Resource Lands designations.
Staff Comment: 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. 01-0128-08
condition (g). Both uses are integrated into and support the recreational nature of the resort. The
proposal includes suggested development and zoning regulations that deviate from those found in
other zoning districts. The proposal is consistent with this policy.
Policy 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 primarily designed to serve the resort visitors,
either day visitors or overnight visitors, but may also provide some limited goods and services for
the surrounding permanent 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 services (non-
residential or operational) and identifies which are accessible to the general public. That list is
Exhibit C of this report. The proposal is consistent with this policy.
Policy 24.7 -The capital facilities, utilities and services, including those related to sewer, water,
storm water, security, fire suppression, and emergency medical provided on-site shall be limited
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to meeting the needs of the resort. These facilities, utilities, and services may be provided by
outside service providers, such as special purpose districts provided that the resort pays all costs
associated with service extension capacity increases, or new services that are directly attributable
to the resort, and provided that the nature of the facilities and services provided are adequate to
meet the increased needs of the resort, based on the planned concentration of guests, structures
and other facility, utility and service demands. Plan approval shall provide that facilities serving
the resort, which may be urban in nature, not be used to serve development outside the resort
areas, except at appropriate rural densities, uses, and intensities.
Staff Comment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, stormwater, telecommunications and public services, and under
Ordinance No. 01-0128-08 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 fully paid for by the developer. No resort infrastructure or
services are to be provided to areas outside the resort, with the exception of water service to those
residential uses under the Neighborhood Water Supply Program (Appendix F). The proposal is
consistent with this policy.
Policy 24.8 -MPRs should only be approved when it can be demonstrated that, on-site and off-
site impacts to public services and infrastructure have been fully considered and mitigated.
Staff Comment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, stormwater, telecommunications and public services, and under
Ordinance No. 01-0128-08 condition (c), Memorandums of Understanding are required for all
public service providers to ensure that those infrastructure and services required by the resort are
fully paid for by the developer. The proposal is consistent with this policy.
Policy 24.9 -The MPR shall contain sufficient portions of the site in undeveloped open space for
buffering and recreational amenities to help preserve the natural and rural character of the area.
Where located in a rural area, the master planned resort should also be designed to blend with the
natural setting and, to the maximum extent practical, screen the development and its impacts from
the adjacent rural areas outside of the MPR designation.
Staff Comment: Natural open space, pervious and impervious surface area calculations are
contained in Table 2-3 (page 2-35) of the FSEIS (Exhibit D of this report). Alternative 3, the
Applicant's preferred alternative, preserves 103 acres of natural undisturbed open space from a
total site acreage of 231 acres -45% or nearly half of the total site area. With the exception of the
Maritime Village Complex (which needed to be relocated from the Marina to along Highway
101), and those properties at higher elevations west of the resort, the resort shall be screened from
view with vegetation and site topography to the maximum extent practical. The proposal is
consistent with this policy.
Policy 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 development permits.
Staff Comment: The FSEIS analyzed impacts consistent with current Critical Area regulations
under JCC 18.22, and shall be described in further detail in the Jefferson County Unified
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
address vested, legal non-conforming rights and uses, as well as development permit review and
approval for the resort. Proposed section JCC 17.60.040 of the development regulations allow
Title 15 (building code) and Title 18 (Unified Development Code) to supplement the proposed
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new development regulations for the resort, including JCC 18.22 Critical Areas. The proposal is
consistent with this policy.
Policy 24.11 -Master planned resorts shall include existing or new Development Agreements, as
authorized by RCW 36.7013.170, to implement these policies.
Staff Comment: The Development Agreement is a contract between the County and Developer
over the terms and scope of development, and is also a requirement under JCC 18.15.123(4). The
BoCC will hold a public hearing before the Development Agreement is signed. A draft of the
Development Agreement is included in Exhibit E of this report. The proposal is consistent with
this policy.
Policy 24.12 -The County shall prepare development regulations to guide the review and
designation of master planned resorts that include, at a minimum, compliance with these policies.
Staff Comment: JCC Title 18 Article N Master Planned Resorts -Special Provisions constitute
the development regulations cited above, and shall be reviewed in detail in the Jefferson County
Unified Development Code sections below. The proposal is consistent with this policy.
Policy 24.13 -New or expanded existing master planned 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 Comment: The proposed resort as located includes Pleasant Harbor, a marina and public
access point to the shoreline, and Black Point Peninsula, which is completely surrounded by
marine waters. The site is also within close proximity to access of the Olympic National Park and
adjacent National Forests. The proposal is consistent with this policy.
3. Jefferson County Unified Development Code: The proposal is subject to review to determine
consistency with the Jefferson County Unified Development Code. The following code sections are
applicable to the proposal.
JCC 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.
Staff Comment: 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 first Master Planner
Resort (MPR). Staff's suggested edits are indicated by strike-through and underline:
(2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second officially designated master planned resort in the County. The Pleasant Harbor MPR is
designated in accordance with RCW 36. 70A.360 as a new master planned resort and is subject to
the provisions of JCC Title 17 Article II. The Pleasant Harbor MPR is characterized by a golf
course resort facility with associated residential uses south of Black Point Road,---aoo a 300 slip
Mmarina at Pleasant Harbor. /. and a Maritime Village mixed use recreation center with ~
associated housing north of Black Point Road. The resort is predominately designed to serve
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resort and recreation uses and has only limited full-time occupancy. The resort is served located
within 2 miles by-Qfthe Brinnon Rural Center, which accommodates LAMIRD-scale commercial
uses serving the resort and local population. The master planned resort's internal regulations and
planning restrictions such as codes, covenants and restrictions may be more restrictive than the
requirements in JCC Title 17. However, Jefferson County does not enforce private codes,
covenants and restrictions.
JCC Chapter 18.15 Article IV. Master Planned Resorts -Special Provisions
JCC 18.15.115 -Designation -"Master planned resort" (MPR) is a land use designation
established under the Comprehensive Plan. The oRly e~cistiRg officially designated master planned
resort~ in the county arcis the Port Ludlow MPR and the Pleasant Harbor MPR, provisions for
which are codified in JCC Title 17. The Port Ludlow MPR is adopted pursuant to RCW
36.70A.362 regarding designation of existing master planned resorts. Pleasant Harbor MPR is
adopted pursuant to RCW 36.70A.360 pertaining to new Master Planned Resorts. Designation of
any new master planned resorts pursuant to RCW 36.70A.360 requires compliance with the
provisions of this article and a formal site-specific amendment to the Comprehensive Plan Land
Use Map subject to the findings required by JCC 18.45.080.
Staff Comment: The Applicant's proposed changes to the current code are indicted by
strikethrough and underline. Ordinance No. 01-0128-08 established the boundary and siting of
the resort through the site-specific Comprehensive Plan amendment process.
JCC 18.15.120 Purpose and intent -Jefferson County has a wide range of natural features,
including climate, vegetation, water, natural resources, scenic qualities, cultural, and geological
features, which are desirable for a wide range ofrecreational users to enjoy. New master planned
resorts authorized by RCW 36.70A.360 offer an opportunity to utilize these special features for
enjoyment and recreational use, while bringing significant economic diversification and benefits
to rural communities. The purpose of this article is to establish a master planned resort land use
district to be applied to those properties the board of county commissioners determines are
appropriate for development as a master planned resort consistent with the Comprehensive Plan
policies and RCW 36.70A.360.
Staff Comment: The proposal is consistent with this purpose and intent.
JCC 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:
(1) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature of the master planned resort.
(2) Short-term visitor accommodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent of the total resort accommodation
units.
3) 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:
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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) Recreation-oriented businesses and facilities such as sporting goods and outdoor
equipment rental and sales.
(6) Cultural and educational facilities, including, but not limited to, interpretative centers and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to maintain and operate the
master planned resort.
(8) Temporary and/or permanent structures to serve as sales offices.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
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 (Exhibit C of this report). Uses
and amenities not listed there but allowed here, may be established at a future date, or deemed
allowable by the Administrator if they are consistent with the purpose and intent of this section,
the Development Agreement and Development Regulations.
JCC 18.15.126 Requirements for Master Planned Resorts -An applicant for an MPR project
must meet the following requirements:
(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated to use
and enjoy, and the particular natural and recreational features that will attract people to the area
and resort.
(b) A description of the destination resort facilities of the MPR, including short-term visitor
accommodations, on-site outdoor and indoor recreational facilities, off-site recreational
opportunities offered or provided as part of the resort's services, and commercial and supportive
services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of use of
the MPR and a discussion of how these uses and their distribution meet the needs 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 nomesidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of natural
amenities, and which further the goals and policies of the Comprehensive Plan. This shall address
how landscaping, screening, and open space, recreational facilities, road and parking design,
capital facilities, and other components are integrated into the project site.
(f) A description of the environmentally sensitive areas of the project and the measures that
will be employed for their protection. For an MPR adjacent to the water and subject to the
jurisdiction of the Shoreline Management Act, a description and supportive materials or maps
indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program.
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(g) A description of how the MPR relates to surrounding properties, and how its design and
arrangement minimize adverse impacts and promote compatibility among land uses within the
development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The initial
application for an MPR shall provide sufficient detail for the phases such that the full intended
scope and intensity of the development can be evaluated. This shall also discuss how the project
will function at interim stages prior to completion of all phases of the project, and how the project
may operate successfully and meet its environmental protection, concurrency, and other
commitments should development cease before all phases are completed.
Staff Comment: In substance, the FSEIS, Development Agreement, Zoning 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 Agreement and Amendment to the UDC.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and
RCW 36.70B.170, the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned
resort, which may include, but are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of development, if requested by the applicant;
( c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable), visitor-
oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and
on-site retail/commercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter
43.21C RCW, and other development conditions; and
(f) Other development standards including those identified in JCC 18.40.840 and RCW
36. 70B.170(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 Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of JCC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with
the review of the resort master plan and development agreement required for approval of a master
planned resort.
Staff Comment: Ordinance No. 01-0128-08 established the boundary and siting of the resort
through the formal site-specific Comprehensive Plan amendment process.
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( 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 197-11-164 and 197-11-168.
Staff Comment: the proposal is not a Planned Action.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36. 70A.110.
Staff Comment: All 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 18.15.135 -Criteria for Approval
An application to develop any parcel or parcels of land as an MPR may be approved, or approved
with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirements ofthis article and Article VI-D of this
chapter (Environmentally Sensitive Areas District (ESA)).
Staff 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 Management (Plan), Geologically Hazardous Areas, and Wetlands. The
FSEIS concluded that the proposal would not result in significant adverse environmental
impacts, and would comply with JCC 18.22 with the Geologically Hazardous Areas, Fish
& Wildlife Conservation Areas, and Wetlands. Also, Critical Aquifer Recharge and
Saltwater Intrusion Protection Zones were analyzed by the Department of Ecology 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 Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable
sections of this code and all other codes and policies of the county.
Staff Comment: As stated above in the applicable sections of this report, the proposal
complies with this criterion. No new resort development shall take place within the
Shoreline jurisdiction.
(3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand
alone if no subsequent phases are developed.
Staff Comment: As detailed in the Master Plan requirement under JCC 18.15.126(I)(i),
the proposal is consistent with this criterion.
(4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to
adequately meet the needs of the guests and residents of the MPR.
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Staff Comment: The list of available resort and recreational amenities; the increase in
undisturbed open space between Alternatives 1 and 3; the proposed infrastructure
improvements to Black Point Road, the DNR boat ramp, shuttle service to and from the
resort and SeaTac Airport, and between the golf and marina side; and the MOUs for
public service; all demonstrate compliance with this criterion.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to
serve the MPR.
(6)
(7)
(8)
Staff Comment: As state in the FSEIS and Master Plan, the proposal complies with this
criterion.
Environmental considerations are employed in the design, placement and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other,
and in order to incorporate and retain, as much as feasible, the preservation of natural
features, historic sites, and public views.
Staff Comment: As described in the Master Plan as required under JCC 18.15.126(l)(e),
the proposal complies with this criterion.
All on-site and off-site infrastructure and service impacts have been fully considered and
mitigated.
Staff Comment: 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 from
Ordinary High Water Mark, and south beach access is prohibited specifically to avoid
any impacts to the marine waters of Hood Canal. Also, the Stormwater System is
designed to prevent any discharge into Hood Canal per Ordinance condition (q). Siting
of buildings and recreational activities were designed to be buffered from adjacent
properties.
(9) The master plan establishes location-specific standards to retain and enhance the
character of the resort.
Staff Comment: the master plan contains zoning and development standards specific to
each zone in order to maintain the specific character of each zone, such as golf course,
marina and mixed use recreational (Maritime Village) as different aspects of the overall
resort.
(10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or
forest resource land production. [Ord. 8-06 § I]
Staff Comment: Ordinance No. 01-0128-08 contained findings per the RCW that satisfy
this criterion.
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JCC 18.15.138 -Pert Ludlow Master Planned Resort.
The Peft Luellew 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.
Staff Comment: the strikethrough in the section above is the recommended 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 design plan and best management
practices plan. The design plan shall minimize the use of pesticides, herbicides, fertilizers, and
groundwater by the type and placement of appropriate vegetative materials and other means. The
use of pesticides, herbicides, or fertilizers that are known to leach into groundwater are
prohibited. The design plan shall also demonstrate that an adequate water supply shall be
provided without diminishing the level of service for system users or others dependent upon the
resource. The best management practices plan shall include monitoring procedures and an
integrated management plan. Once approved by the county, the management plan shall be a
condition of project approval and failure to comply with the approved plan shall be grounds for
revocation of the permit.
Staff Comment: The Applicant submitted a Golf Course Development 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 of the overall resort development.
(2) Accessory uses to golf courses shall be limited to those either necessary for the operation and
maintenance of the course, or those which provide goods or services customarily provided to
golfers at a golf course. Accessory uses may include parking, maintenance facilities, cart storage
and repair, clubhouse, restrooms, lockers and showers, food or beverage service, pro shop, and
practice or driving range, swimming pools, tennis courts, weight rooms, or similar uses oriented
to persons other than golf course patrons.
Staff Comment: Since the golf course is not stand-alone, but accessory to the 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 of 5,000 square feet of gross floor area.
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.
(4) No occupied building accessory to a golf course shall be located within 100 feet of any
property line.
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.
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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. 8-06 § l]
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 Chapter 18.40 Article XI -Development Agreements
18.40.820 Purpose.
This article establishes the mechanism under which Jefferson County may enter into development
agreements as authorized by RCW 36.70B.l 70. A decision to enter into a development agreement
shall be made on a case-by-case basis. A development agreement may be appropriate for large,
complex or phased projects, or projects which were not contemplated by existing development
regulations or existing application procedures. [Ord. 8-06 § I]
18.40.830 General requirements.
(1) Discretion to Enter Development Agreement. A development agreement is an optional device
that may be used at the sole discretion of the county, except a development agreement 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
agreement; provided, that if a proposed 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 agreement: contract purchasers, lenders, third-
party beneficiaries and utility service providers.
Staff Comment: the application is consistent with this requirement.
(3) Content of Development 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.
Staff Comment: the application is consistent with this requirement.
(4) When Development Agreements May Be Approved. A development agreement may be
entered into prior to, concurrent with or following approval of project permits for development of
the property.
Staff Comment: the approval of the development agreement shall take place prior to approval of
any project permits for development of the property.
(5) Consistency with Unified Development Code. The development standards and conditions set
forth in a development agreement 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 adopted 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 requirements related to the protection of
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environmentally sensitive areas in Article 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 under
JCC 18.22 would apply to any resort development.
18.40.840 Development standards to be addressed.
(1) A development agreement shall include, but need not be limited to, one or more of any of the
following types of development controls and conditions:
(a) Project elements such as permitted uses, residential and nonresidential densities, scale and
intensity of uses and/or building sizes;
Staff Comment: these standards are addressed in the development regulations Title 17 Article II
as adopted under Section 3 Development Standards of the proposed development agreement.
(b) Mitigation measures, development conditions and other requirements pursuant to
environmental review under Chapter 43 .21 C RCW;
Staff Comment: Section 4 of the proposed development agreement addresses mitigation
measures.
(c) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping and other development features;
Staff Comment: these standards are addressed in Section 3 of the proposed development
agreement.
(d) Roads, water, sewer, storm drainage and other infrastructure requirements;
Staff Comment: these standards are addressed in Section 3 of the proposed development
agreement.
(e) Affordable housing;
Staff Comment: 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 agreement.
(h) Development review procedures, processes and standards for implementing decisions,
including methods of reimbursement to the county for review processes;
Staff Comment: addressed in Section 4 of the proposed development agreement.
(i) Other appropriate development requirements or procedures.
Staff Comment: addressed in Section 3 & 4 of the proposed development agreement.
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(2) A development agreement may obligate a party to fund or provide services, infrastructure, or
other facilities. Project applicants and governmental entities may include provisions and
agreements whereby applicants are reimbursed over time for financing public facilities.
Staff Comments: not included as part of the proposed development agreement.
(3) Development agreements shall:
(a) Establish a process for amending the agreement;
Staff Comment: addressed in Section 6.6 of the DA.
(b) Specify a termination date upon which the agreement expires;
Staff Comment: addressed in Section 1 of the DA.
( c) Establish a vesting period for applicable standards; and
Staff Comment: addressed in Section 4.3 of the 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 in section 4.3.1 of the DA.
18.40.850 Procedures.
(I) A development agreement shall be initiated by a written request from the property owner to
the administrator of the department of community development. The request should describe the
project and the specific reasons why the project is suitable for a development agreement. The
request should identify the development standards set forth in ICC 18.40.840 that the applicant is
requesting to be included in the development agreement and any other reasonable information
requested by the county.
Staff Comment: the application (MLA0S-00188) submitted April 16, 2008 satisfies this
requirement.
(2) If the administrator determines in his or her discretion that a development agreement should
be considered by the county, the property owner shall be so informed, except that development
agreements shall 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.
Staff Comment: The DA was required as part of the application to implement a master planned
resort as approved under Ordinance No. 01-0128-08.
(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 permits in order for the county to determine the
development standards and conditions to be included in the development agreement.
Staff Comment: MLA08-00188 included a request to amend the UDC to adopt new standards for
development 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 other conditions set forth in such project permits shall be used in the
development agreement without modification.
Staff Comment: not applicable since the DA is required prior to project permits.
(5) The county shall only approve a development agreement by ordinance or resolution after a
public hearing. The board of county commissioners may, in its sole discretion, 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
agreement.
Staff Comment: the BoCC shall schedule and conduct a public hearing prior to approval of the
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 § 1]
Staff Comment: addressed as a recommended condition of approval.
18.40.860 Effect.
(1) A development agreement is binding on the parties and their successors, including a city that
assumes jurisdiction through incorporation or annexation of the area covering the property subject
to the development agreement.
Staff Comment: addressed in Section 6.2 of the DA.
(2) A development agreement shall be enforceable during its term by a party to the agreement.
Staff Comment: addressed in Section 6.11 & 6.12 of the DA.
(3) A development agreement shall govern during the term of the agreement 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
development standard or regulation or a new local government land use ordinance or
development standard or regulation adopted after the effective date of the agreement.
Staff Comment: 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.
Staff Comment: addressed in Section 4.1 of the DA.
(5) Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Chapter 374, Laws of
1995, or this chapter is intended 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 § 1]
JCC 18.45.080 -Final Docket -Planning Commission and Board of County Commissions
review
The following code is applicable only to the process to amendment the zoning and development
regulations under the next section, JCC 18.45.090, and shall be addressed during the Planning
Commission and Board of County Commissioner's formal review and recommendation under
that section:
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(l)(b) Required Findings -Generally. For all proposed amendments, the planning commission
shall develop findings and conclusions and a recommendation which consider the growth
management indicators set forth in JCC 18.45.050(4)(b)(i) through (4)(b)(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 submitted the following suggested text as part of their application
MLA08-00188 in response to this requirement for a finding:
"The proposal is a UDC amendment and amendments to Title 17 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 amendment approved by the Board of County Commissioners, and
(2) develop and adopt implementing regulations and development agreement before any
development could occur. Step 1 was completed with the adoption of Ordinance 01-0128-08.
This application is designed to start Step 2. The proposals put forth in the application arc in
furtherance of that objective and the Goal of GMA to adopt development regulations consistent
with the Comprehensive Plan. As the Brinnon Master Planned Resort amendments to the
Comprehensive Plan were only adopted in January 2008, no implementing regulations or
development agreement are presently available to judge any future development."
(ii) Whether the assumptions 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 amendments of the Jefferson County Comprehensive Plan; and
Staff Comment: the applicant submitted the following suggested text as part of their application
MLA08-00188 in response to this requirement for a finding:
"As with item one, this question is also answered by the comment that the proposed regulations
are developed as part of the two-step approval process outlined by Staff and approved by the
Board. The proposals before the County in this application serve to implement the conditions and
requirements of the Master Planned Resort approved in Ordinance No. 01-0128-08."
(iii) Whether the proposed amendment reflects current widely held values of the residents of
Jefferson County.
Staff Comment: the applicant submitted the following suggested text as part of their application
MLA08-00188 in response to this requirement for a fmding:
"On January 28, 2008, the Jefferson County Board of County Commissioners unanimously
adopted Ordinance No. 01-0128-08 approving the amendment of the Jefferson County
Comprehensive Plan map to enable the Pleasant Harbor Master Planned Resort at Brinnon as
depicted in Chapter 1 of the FEIS. The Comprehensive Plan adoption speaks to the public interest
and values of the residents of Jefferson County. The development regulations and development
agreement provide the specific means by which that interest may be accomplished."
JCC 18.45.090 -Amendments to GMA implementing regulations
(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. When inconsistent with the Comprehensive Plan and Land Use Map, the amendment
shall be processed concurrent with any necessary plan amendments using the process and
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timelines for plan amendments set forth in this chapter. "Implementing 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 controls required to implement the plan (see RCW 36.70A.030). Proposed amendments,
changes, or modifications may be initiated as follows:
(a) When consistent with the plan, at any time at the direction of the board of county
commissioners or by the planning commission pursuant 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 consistent with this chapter; or
(c) Immediately following or concurrent with an amendment or amendments to the Jefferson
County Comprehensive Plan, the implementing regulations shall be amended to be consistent
with the plan and Land Use Map.
Staff Comment: this subsection applies since MLA08-00188 was submitted to the County
following approval of the amendment to the Comprehensive Plan to designated the Pleasant
Harbor Master Planned Resort under Ordinance No. 01-0128-08.
(2) Notice.
(a) Proposed amendments to the implementing regulations pursuant to subsection (I) of this
section which must be processed concurrently with an amendment to the Comprehensive Plan
and Land Use Map shall be processed and noticed in the same manner as plan amendments
consistent with this chapter.
Staff Comment: not applicable since the proposed amendment to the implementing regulations is
being processed separately from the Comprehensive Plan amendment.
(b) Notice of any hearing on amendments to the implementing regulations generated by DCD
staff, the board of county commissioners or the planning commission outside of the annual
Comprehensive Plan amendment process shall be given by one publication in the official
newspaper of the county at least IO 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 Planning Commission public hearing on January 6, 2016 to
consider the proposed amendment to the implementing 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
amendments 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 reimburse the County for all expenses
related to noticing and mailing.
(3) Planning Commission Review. The planning commission shall hold a public hearing on any
amendment(s) to the implementing regulations and shall make a recommendation to the board of
county commissioners using the site-specific criteria set forth in JCC 18.45.080(l)(b) and (l)(c),
as applicable.
Staff Comment: the Planning Commission public hearing was scheduled for January 6, 2016 at
the Brinnon 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 amendment to the
implementing 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 commissioners shall consider
the proposed amendments at a regularly scheduled meeting.
Staff Comment: Staff shall place the proposed amendments on the BoCC agenda to present the
findings and recommendation of the Planning Commission 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 (l)(c), as applicable, the
board of county commissioners concludes that no change in the recommendation of the planning
commission is necessary, the board may make a final determination on the proposed
amendment(s) and adopt the amendments as recommended by 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 applying the criteria set forth in JCC 18.45.080(l)(b) and (l)(c), as applicable, the
board of county commissioners concludes that a change in the recommendation of the planning
commission is necessary, the change shall not be incorporated until the board conducts its own
public hearing using the procedures set forth under JCC 18.40.310. The hearing shall be noticed
by one publication in the official newspaper of the county at least 10 days prior to the date of the
hearing, and by posting copies of the notice of hearing in the Jefferson County Courthouse. The
notice and public hearing for proposed amendments to implementing regulations may be
combined with any notice or public hearing for proposed amendments to the Comprehensive Plan
or for other actions of the board of county commissioners.
Staff Comment: since the BoCC must hold a public hearing on the DA, they may wish to
consolidation that public hearing with the hearing to amend the development regulations should
they determine a change to the Planning Commission recommendation is necessary.
(5) Transmittal to State. The administrator shall transmit a copy of any proposed amendment(s) to
the implementing regulations at least 60 days prior to the expected date of final action by the
board of county commissioners, as consistent with Chapter 36.70A RCW. The administrator shall
transmit a copy of any adopted amendment(s) to the implementing regulations to OCD (State
Office of Community Development -now the Department 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 may, 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. All appeals to the adoption of any amendment(s) to the implementing regulations
shall be filed with and processed by the Western Washington Growth Management Hearings
Board in accordance with the provisions of Chapter 36.70A RCW. [Ord. 2-06 § l]
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STAFF RECOMMENDATION:
Based on the preceding findings and conclusions, staff recommends that the proposal is consistent with
the applicable codes, ordinances and statues, and that it satisfies all relevant review criteria. Approval of
the proposed amendments to Title 17 and 18 of the Jefferson County Code and Development Agreement
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 "preferred alternative" or "proposed action" under SEPA
WAC 197-11-440(5).
2. The proposed amendments to Title 17 and 18 of the Jefferson County, and a Development
Agreement between the Pleasant Harbor Marina and Golf Resort LLC and Jefferson County be
approved, adopted and enacted by the Board of Jefferson County Commissions by two separate
Ordinance.
3. The development agreement include and adopt the "Master Plan for the Pleasant Harbor Master
Planned Resort," as required under JCC 18.15.126(1), which shall include required mitigation
measures and development review checklists for use by Staff and the Applicant to ensure proper
design, review and approval of subsequent phases of resort development.
4. An approved and fully executed development agreement shall be recorded with the Jefferson
County Auditor at the Applicant's expense.
5. Explore the feasibility of creating a "revenue development area" (RDA) within the Brinnon
LAMIRD (Local Area of More Intense Rural Development) through the State's Local
Infrastructure Financing Tool (LIFT) to set aside a portion of the property and sales tax revenue
generated by the resort to be used on infrastructure improvement projects that will benefit the
Brinnon community, such as renovating 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 Community Development
cc: EXHIBIT A
f a ob
SSC ,r STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE APPROVING ONE Ordinance No. 01-0128-08
COMPREHENSIVE PLAN AMENDMENT,}
FILE NUMBER
MLA06-87 [STATESMAN]
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required
by the Growth Management Act("the GMA"), as codified at RCW 36.70A.010 et seq., set in
motion and now completed the proper professional review and public notice and comment with
respect to any and all proposed amendments to the County's Comprehensive Plan originally
adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended, and;
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;
WHEREAS, of the ten (10) proposals that compose the Docket, three (3) were rejected;
one proposal, MLA07-104, has been forwarded to the 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. 02-0128-08
herein analyzed is only one proposal, MLA06-87
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 Conclusions with
respect to the 2007 Comprehensive Plan Amendment Cycle and the amendment contained herein:
1. The County adopted its Comprehensive Plan in August 1998 and its development
regulations or Unified Development Code (UDC), Title 18 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 18 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 considered"no more frequently than
once per year."
4. This particular amendment"cycle"began on or before March 1, 2007,the deadline for
submission of a proposed CP amendment.
5. MLA06-87 was timely filed on by March 1, 2006, and carried over to the 2007 cycle in
December 2006, because a separate environmental impact statement was deemed
necessary, 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 the Preliminary
Docket through the CP amendment process contained at JCC Section 18.45.050.
7. The Planning Commission and the Board of County Commissioners 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, 2007, recommending that all twelve original CP amendment applications be
placed on the Final Docket.
10. The Department of Community Development (DCD) issued a Review of Preliminary
Docket on May 7, 2007, analyzing the 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 staff resources.
11. The Board established the Final Docket on May 14, 2007 as nine site-specific amendments
plus one suggested amendment.
12. The Department of Community Development (DCD) issued an integrated Staff Report and
State Environmental Policy Act (SEPA)Addendum on September 5, 2007, analyzing the
proposals on the Final Docket and offering preliminary recommendations for each.
2
13. All 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 Impact 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 Environmental 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. 02-0128-08
14. 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 official that the
proposed amendment, MLA06-87, warranted a threshold "Determination of Significance"
DS), and thus environmental review for any probable significant adverse environmental
impacts, although the environmental review at this stage was the review appropriate for a
non-project action as that term of art is defined in SEPA.
15. The FEIS was prepared in conformance with SEPA requirements and the amendment in
this ordinance is the alternative identified in the DEIS as "the proposal."
16. 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.
17. The Planning Commission deliberated on MLA06-87 at special meetings on October 31,
2007, 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.
18. 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.
19. The Planning Commission recommendations were transmitted to the Board through formal
memoranda dated November 28, 2007, and are part of the record for the legislative
decision.
3
20. The Planning Commission recommended to the Board seven conditions be attached to
approval 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 November 27,
2007. Initial scoping identified probable significant adverse impacts. Public comments
elaborated on those concerns, and the final EIS included staff responses to 17 different
categories covered in over 400 public comment 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 intended by SEPA.
23. The Board held a duly-noticed public hearing on December 3,2007 and continued this
public hearing on December 6, 2007, closing the public comment period on December 7,
2007. The Board did consider all public comments received.
24. The final DCD staff recommendation 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 staff recommendation did not match the Planning Commission
recommendation for approval, having different proposed modifications attached.
26. On December 10, 2007, the Board signed Resolution No. 113-07 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 staff presented to the Board a 14-step process for decision-making. Step 1: 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 1-4." See Exhibit"B"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 management indicators.
31. Step 4: The Board entered an affirmative statement that consistency with the Growth
Management Act, specifically RCW 36.70A.360(1)through (4), is achieved, as each of the
pertinent criteria are met by this proposal.
32. With respect to RCW 36.70A.360(1), the Board hereby enters an affirmative statement that
the proposed Master Planned Resort would be 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-term visitor accommodations."
33. With respect to RCW 36.70A.360(4)the Board hereby enters an affirmative statement that
its CP already includes policies to guide the development of new MPR, the CP and the
related development regulations serve to preclude urban or suburban land uses in the
vicinity of the MPR, the land at the site in question is better suited for an MPR than for the
commercial harvesting of timber or agricultural production, the MPR plan is and will be
consistent with all GMA-derived development regulations relating to GMA critical areas
and all on-site and off-site infrastructure and service impacts have been fully considered
and will be mitigated as the MPR is implemented first through a development 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 with the Jefferson
County Comprehensive Plan, specifically Land Use Policies 24.1-24.13, has been achieved
by the applicant, 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 the site of a commercial timber harvest serves to
satisfy the condition laid out in the CP at LNP 24.4, found at p. 3-65 of the 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 affirmative statement that consistency with the Brinnon Sub-
Area Plan, adopted on May 1, 2002, specifically Goals 1.0 and Policies 1.1-1.3, 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 Comprehensive
Plan amendment application was under consideration, and that the development agreement
and zoning code guiding MPR projects will come before 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 amendment. This criterion applies to each of the
following code references contained within Step 7.
37. With respect to JCC 18.15.025 and JCC 18.15.115 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.
38. 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 master 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 affirmed 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
Commission; 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 9-14: The Board determined that the procedural requirements of JCC Section
18.45.080(2)(c), 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(4)(b) (i)through (vii, and b) items (i)through (iii) in JCC Section
18.45.080(1)(b), 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 item# 63 (below). The Board directed
staff to prepare this ordinance, provide for legal review, and prepare a record identifying
all components of this CP application process.
48. Further,the Board voted unanimously to amend the CP.
49. JCC Section 18.45.080(1)(c),which contains eight criteria from which the Board must
generate 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 Staff Report and SEPA Addendum of September 5,
2007. The Board's findings and conclusions with respect to the growth management
7
indicators are augmented by the September 5, 2007 staff findings and conclusions, except
when and as noted below.
51. With respect to JCC Section 18.45.050(4)(b)(i),which asks whether assumptions regarding
growth and development have changed since the initial CP adoption,the Board concludes
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.
52. With respect to JCC Section 18.45.050(4Xb)(ii),which asks whether the capacity 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
services.
53. With respect to JCC Section 18.45.050(4)(b)(iii),which asks if sufficient 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.
54. With respect to JCC Section 18.45.050(4)(b)(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.
55. 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.
56. With respect to JCC Section 18.45.050(4)(b)(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 the
County's CP on May 1, 2002, and that there have not been any overarching or countywide
changes in circumstances that would dictate or require a shift in the policies reflected in
the CP with respect to MPR designations.
57. With respect to JCC Section 18.45.050(4)(b)(vii), which asks if inconsistencies have arisen
between the CP,the GMA and the Countywide Planning Policies,the Board concludes that
these amendments 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(1)(b), the Board finds that:
1) 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 Plan.
2) The assumptions upon which the Jefferson County Comprehensive 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)(b), in order to
recommend approval of a formal site-specific proposal to amend the Comprehensive Plan,
the Board must also make eight (8) findings as specified in Section 18.45.080(1)(c)(i)
through (viii).
60. Pursuant to JCC Section 18.45.080(1)(c), the Board enters the following fmdings:
i) The proposed site-specific amendment meets concurrency requirements for
transportation and does not adversely affect adopted level of service standards for other
public facilities and services (e.g., sheriff, fire, and emergency medical services,parks,
fire flow, and general governmental 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 designation 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 Comprehensive Plan.
vii) If within an unincorporated urban growth area (UGA),the proposed site-specific
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 Management Act(Chapter
36.70A RCW), the Countywide Planning Policy for Jefferson County, applicable inter-
jurisdictional policies and agreements, and local,state and federal laws.
61. 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 areas as limited by this section."
62. MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for
a Master Planned Resort(MPR) designation. (See 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 197-11-660 and
Jefferson County Code 18.40.770, the Board enters certain of the following conditions for
approval of the CP amendment MLA06-87, recognizing that certain of the conditions
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, § 11 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, runoff projections, and potential
impacts on Hood Canal.
10
b) All applications will be given an automatic SEPA threshold determination of
Determination of Significance (DS) at the project level except where the SEPA-
responsible official determines that the application results in only minor construction.
c) The project developer will be required to negotiate memoranda of understanding
MOU) or memoranda of agreement (MOA)to provide needed support for the Brinnon
school, fire district, Emergency Medical Services (EMS), housing,police,public
health,parks and recreation, and transit prior to approval of the development
agreement. Such agreements will be encouraged specifically between the developer
and the Pleasant Tides Yacht Club, and with the Slip owner's Association regarding
marina use, costs, dock access, loading and unloading, and parking.
d) A list of required amenities shall be in the development agreement along with
conditions for public access.
e) Statesman shall advertise and give written notice at libraries and post offices in East
Jefferson County and recruit locally to fill opportunities for contracting and
employment, and will prefer local applicants provided they are qualified, available, and
competitive in terms of pricing.
f) Statesman will prioritize the sourcing of construction materials from within Jefferson
County.
g) The developer shall commission a study of the number of jobs expected to be created
as a direct or indirect result of the MPR that earn 80%or less of the Brinnon area
average median income (AMI). The developer shall provide affordable housing(e.g.,
no more than 30% of household income) for the Brinnon MPR workers roughly
proportional to the number of jobs created that earn 80% or less of the Brinnon area
AMI. The developer may satisfy this condition through dedication of land,payment of
in lieu fee, or onsite housing development.
h) The possible ecological impact of the development's water plan that alters kettles for
use as water storage must be examined, and possibly one kettle preserved.
i) Any study done at the project level pursuant to SEPA (RCW 43.21C) shall include a
distinct report by a mutually chosen environmental scientist on the impacts to the
hydrology and hydrogeology of the MPR location of the developer's intention to use
11
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 cultural resource.
k) As a condition of development approval,prior to the issuance of any shoreline permit
or approval of any preliminary plat,there shall be executed or recorded with the
County Auditor a document reflecting the developer's written understanding with and
among the following: Jefferson County, local tribes, and the Department of
Archaeology and Historical Preservation,that includes a cultural resources
management plan to assure archaeological investigations and systematic monitoring of
the subject property prior to issuing permits; and during construction to maintain site
integrity, provide procedures regarding future ground-disturbing activity, assure
traditional tribal access to cultural properties and activities, and to provide for
community education opportunities.
1) A wildlife management plan focused on non-lethal strategies shall be developed in the
public interest in consultation with the Department of Fish and Wildlife and local
tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub-
Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear),to reduce the
potential for vehicle collisions on U.S. Highway 101, to reduce the conflicts resulting
from wildlife foraging on high-value landscaping and attraction to fresh water sources,
to reduce the dangers to predators attracted to the area by prey or habitat, and to reduce
any danger to humans.
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 Department of Health, and
approval of a Water Rights Certificate by the Department of Ecology shall be required
prior to applying for any Jefferson County permits for plats or any new development.
o) Detailed review is needed at the project-level SEPA analysis to ensure that water
quantity and water quality issues are addressed. The estimated potable water use is
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 intrusion becomes an
issue for neighboring wells on Black Point, and reserve areas for additional recharge
wells will be included in case wells fail, are periodically inoperable, or cause
mounding.
q) Stormwater discharge from the golf course shall meet requirements of zero discharge
into Hood Canal. To the extent necessary to achieve the goal of designing and
installing stormwater management infrastructures and techniques that allow no
stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils
present at the MPR location. 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.
r) A County-based comprehensive water quality monitoring plan specific to Pleasant
Harbor requiring at least monthly water collection and testing will be developed and
approved in concert with an adaptive management program prior to any site-specific
action, utilizing best available science and appropriate state agencies. The monitoring
plan shall be funded by a yearly reserve,paid for by Statesman, that will include
regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition
to any onsite monitoring regime.
s) The developer must ensure that natural greenbelts will be maintained on U.S. Highway
101 and as appropriate on the shoreline. Statesman shall record a conservation
easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot
riparian buffer along the steep bluff along the South Canal shoreline,the strip of mature
trees between U.S. Highway 101 and the Maritime Village,wetlands, and wetland
buffers. Easements shall be perpetual and irrevocable recordings dedicating the
property as natural forest land buffers. Statesman, at its expense, shall manage these
13
easements to include removing, when appropriate, naturally fallen trees, and replanting
to retain a natural visual separation of the development from Highway 101.
t) The marina operations shall conduct ongoing monitoring and maintain an inventory
regarding Tunicates and other invasive species, and shall be required to participate with
the County and state agencies in an adaptive management program to eliminate,
minimize, and fully mitigate any changes arising from the resort, and related to
Pleasant Harbor or the Maritime Village.
u) In keeping with the MPR designation as located in a setting of natural amenities, and in
order to satisfy the requirements of the Shoreline Master Program (JCC
18.15.135(1),(2),(6), the greenbelts of the shoreline should be retained and maintained
as they currently exist in order to provide for"the screening of facilities and amenities
so that all uses within the MPR are harmonious with each other, and in order to
incorporate and retain, as much as feasible, the preservation of natural features,historic
sites, and public views." In keeping with Comprehensive Plan Land Use Policy 24.9,
the site plan for the MPR shall "be designed to blend with the natural setting and, to the
maximum extent possible, screen the development and its impacts from the adjacent
rural areas." Evergreen trees and understory should remain as undisturbed as possible.
Statesman shall infill plants where appropriate with indigenous trees and shrubs.
v) In keeping with an approved landscaping and grading plan, and in order to satisfy the
intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village,the
buildings should be constructed and placed in such a way that they will blend into the
terrain and landscape with park-like greenbelts between the buildings.
w) Construction of the MPR buildings will be completed in a manner that strives to
preserve trees that have a diameter of 10 inches or greater at breast height(dbh). An
arborist will be consulted and the ground staked and flagged to ensure the roots and
surrounding soils of significant trees are protected during construction. To the extent
possible, trees of significant size (i.e., 10 inches or more in diameter at breast height
dbh))that are removed during construction shall be made available with their root
wads intact for possible use in salmon recovery projects.
14
x) Statesman shall use the LEED (Leadership in Energy and Environmental Design) and
Green Built"green building rating system standards. These standards, applicable to
commercial and residential dwellings respectively, "promote design and construction
practices that increase profitability while reducing the negative environmental impacts
of buildings, and improving occupant health and well-being."
y) There shall be included as a best management practice for the operation and
maintenance of a golf course within the MPR that requires the developer to maintain a
log of fertilizers, pesticides, and herbicides used on the MPR site, and this information
will be made available to the public.
z) Statesman shall use the International Dark Sky Association (IDA)Zone E-1 standards
for the MPR. These standards are recommended for"areas with intrinsically dark
landscapes" such as national parks, areas of outstanding natural beauty, or residential
areas where inhabitants have expressed a desire that all light trespass be limited.
aa)In fostering the economy of South Jefferson County by promoting tourism, the housing
units at the Maritime Village should be limited to rentals and time-shares; or, at the
very least, it should be mandated that each section be required to keep the ratio of 65%
to 35%of rental and time-shares to permanent residences 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 identify
techniques to mitigate such emissions through sequestration and/or other acceptable
methods.
dd) Statesman Corporation is encouraged to work with community apprentice groups to
identify and advertise job opportunities for local students.
15
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Under MLA06-87 [Statesman],the map of Comprehensive Land Use Designations
is hereby amended to reflect that the parcels of property located in Brinnon, Washington, and
found in the legal description (see Exhibit A to this Ordinance) accompanying this CP
application, shall be given in their entirety an underlying land use designation of Master Planned
Resort.
Section Two: The Comprehensive Plan narrative on page 3-23 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 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 further developed to include
additional commercial and residential uses such as
townhouses and villas . The Black Point area 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 center. The
overall residential construction would not exceed 890
total units .
Section Three: If any section of this Ordinance is deemed either non-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 or parcels.
Section Four: 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 nullify
or invalidate any other section of this Ordinance.
Section Five: The map and legal description are hereby incorporated by attachment.
16
Section Six: 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
January 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 113-07 as the decision date for the
legislative decision. This Ordinance becomes effective on the date it is executed.
APPROVED AND ADOPTED this
28th
day of
Janes' 2008.
1,11.7-4"-- JEFFERSON COUNTY BOARD OF COMMISSIONERS
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Davi ullivan
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Deputy Clerk of the Board
Approved as to form:
01-)04 s,1
David Alvarez, Deputy Ci4il Prosecuti g Attorney
17
Exhibit A Ordinance No. 01-0128-08
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties
described below, excluding only that potion of any parcel lying westerly of US 101,
and together with DNR leased tidelands supporting the Pleasant Harbor Marina.
PARCEL A:
The Northeast 1/4 of the Southwest 1/4 of Section 15, Township 25
North, Range 2 West, W.M. , in Jefferson County, Washington;
TOGETHER WITH a perpetual non-exclusive easement for road and
utility purposes through, across and over the following described
property:
Beginning at the Southeast corner of the Southwest 1/4 of the
Northwest 1/4 of said Section 15;
thence run West, along the South line of said Southwest 1/4 of
the Northwest 1/4, approximately 175 feet to the Southerly line
of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30
feet North of said South line when measured at right angles;
thence East, parallel to said South line, to the East line of
said Southwest 1/4 of the Northwest 1/4;
thence South 30 feet to the point of beginning;
AND over and across the West 30 feet of the South 30 feet of
Government Lot 4 in said Section 15.
Situate in the County of Jefferson, State of Washington.
PARCEL B:
The East 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section
15, Township 25 North, Range 2 West, W.M. , in Jefferson County,
Washington;
EXCEPT that portion thereof, lying within a strip of land
conveyed to the State of Washington, for State Road No. 9,
Duckabush River-North Section, by deed dated August 28, 1933, and
recorded under Auditor's File No. 70817, records of Jefferson
County, Washington. .
Situate in the County of Jefferson, State of Washington.
99999-9774/LEGAL13889965.1
PARCEL C:
Those portions of Sections 15 and 22, both in Township 25 North,
Range 2 West, W.M. , Jefferson County, Washington, described as
follows:
The Southwest 1/4 of the Southeast 1/4 and Government Lot 7 of
said Section 15, and Government Lots 2 and 3 of said Section 22;
EXCEPT those portions thereof lying East of the West line of the
East 695.00 feet of said Southwest 1/4 of the Southeast 1/4, and
East of the Southerly prolongation of said west line;
ALSO EXCEPT that portion of the West 100 .00 feet of said
Government Lot 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 front of, adjacent to and
abutting upon the West 1/2 in width of said Government Lot 2, in
said Section 22 .
Situate in the County of Jefferson, State of Washington.
PARCEL D:
That portion of the Northwest 1/4 of the Southeast 1/4 in Section
15, Township 25 North, Range 2 West W.M. , lying Southerly of the
Black Point Road as conveyed to Jefferson County by deed recorded
under Auditor' s Bile Nos 223427, records of said County;
EXCEPT that portion described as follows :
That portion of the Northwest 1/4 of the Southeast 1/4 of Section
15, Township 25 North, Range 2 West, W.M. , described as follows:
Beginning at the point of intersection of the East line of the
Northwest 1/4 of the Southeast 1/4 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.
99999-9774/LEGAL13889965.1
PARCEL E:
That portion of the Southwest 1/4 of the Northwest 1/4 of Section
15, Township 25 North, Range 2 West, W.M. , as follows:
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 No. 223427
and 410339, records of Jefferson County, Washington.
ALSO EXCEPTING THEREFROM the following described tract :
Beginning, at the Southwest corner of Government Lot 3;
thence North 88" 23' 07" West 308 .14 feet to the Southeasterly
right-of-way of State Highway No. 101, and the TRUE POINT OF
BEGINNING;
thence Southwesterly along said Highway, 117 feet,
thence South B8' 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 1/4 of the Northwest 1/4, 100 feet West of said high
tide line;
thence North 88 " 23 ' 07" West to the TRUE POINT OP BEGINNING of
this exception.
situate in the County of Jefferson, state of Washington.
PARCEL F:
Lot 1 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- 0:
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short
Plats, pages 205 and 206, records of Jefferson County,
Washington, being a portion of Section 15, Township 25 North,
Range 2 West, W.M. , Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
99999-9774/LEGAL 13889965.1
PARCEL H:
Lot 3 of Watertouch Short Plat, as recorded in Volume 2 of Short
Plats, pages 205 and 206, records of Jefferson County,
Washington, being a portion of Section 15, Township 25 North,
Range 2 West, W.M. , Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
PARCEL I:
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in
Volume 2 of Short Plats, pages 221 to 223 and amended in Volume
3 of Short Plats, pages 8 to 10, records of Jefferson County,
Washington, EXCEPT that portion of lot 1 described as follows:
That portion of Government Lot 3 abutting 2nd class tidelands in
Section 15, Township 25 North, Range 2 West, W.M. , Jefferson
County, Washington, being more particularly described as follows:
Commencing at the North 1/4 corner of Section 15, Township 25
North, Range 2 West, W.M. , Jefferson County; Washington;
thence South 88° 13' 42" East along the North line of said
Section 15 for a distance of 364.50 feet to the point of
beginning;
thence continuing South
889
13' 42" East 238.76 feet to the line
of mean high tide;
thence South 61° 12' 00" West along the line of mean high tide
34.78 feet;
thence North 40° 41' 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
879
54' 36" West 166.65 feet;
thence North 21' 21' 05" West 43 .00 feet to the point of
beginning.
AND ALSO EXCEPTING Second Class tideland 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.
99999-9774/LEGAL13889965.1
PARCEL J: $G 2l6a cvG 1
Lot 2, Pleaeant Harbor Marina Short Plat, as per plat recorded in
Volume 2 of Short Plats, pages 221 through 223, and amended in
volume 3 of Short Plats, pages 8 through 10, records of Jefferson
County, Washington.
TOGETHER WITH second class tidelands, as conveyed by the State of
Washington, situate in front of, adjacent to and abutting
thereon.
Situate in the County of Jefferson, State of Washington.
PARCEL K: cvel y 3Ce4, gro wq
Those portions of the Southwest 1/4 of the Southeast 1/4 of
section 15, and Government Lot 2 of Section 22, both in Township
25 North, Range 2 West, W.M. , Jefferson County, Washington,
described as follows:
The East 345.00 feet of said Southwest 1/4 of the Southeast 1/4,
as measured along the North line thereof;
TOGETHER WITH that portion of said Government Lot 2 lying East of
the Southerly prolongation of the West line of said East 345.00
feet;
Situate in the County of Jefferson, State of Washington.
PARCEL L: oz/5-wei JO4a1 J I°tlXO
Those portions of_ the Southwest 1/4 of the Southeast 1/4 of
Section 15, and Government Lot 2 of Section 22, both in Township
25 North, Range 2 West, W.M. , Jefferson County, washington,
described as follows:
The East 520.00 feet less the East 345.00 feet of said Southwest
1/4 of the Southeast 1/4, as measured along the North line
thereof.
TOGETHER WITH that portion of said Government Lot 2 lying East
of the Southerly prolongation of the West line of said East
520.00 feet and West of the Southerly prolongation of the East
line of said East 345.00 feet.
situate in the County of Jefferson, State of Washington.
99999-9774/LEGAL 13889965.1
PARCEL M:y a./y 30LZ Ck ones "!1,00140'
Those portions of the Southwest 1/4 of the Southeast 1/4 of
Section 15, and Government Lot 2 of Section 22, both in Township
25 .North,:. Range 2. .:West, W.M. , Jefferson OCutny, Washington,
describedas follows,
The East 695 ,00 feet less.the East 520.00 feet of said. Southwest
1/4 of the Southeast ' 1/4, as measured along the North line
thereof.
TOGETHER WITH that portion of said Government Lot 2 lying East of
the southerly prolongation of the West line of said East 695.00
feet and West of the Southerly prolongation of the East line of
said East 520.00 feet:
Situate in the Countyof..J'efferson, State of Washington.
Parcel N: 502152017
Lot 4 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.
Records examined toT Febr,iary 10, 2006, at 6:00 A.M.
99999-9774/LEGAL 13889965.1
Ordinance Number: 01-0128-08
Exhibit B
MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR
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NOTICE OF ADOPTION BY THE
JEFFERSON COUNTY BOARD OF COMMISSIONERS
OF COMPREHENSIVE PLAN AMENDMENTS
NOTICE IS HEREBY GIVEN that the Board of County Commissioners (BoCC)for Jefferson County
enacted Ordinance #[Replace with number] on January 28, 2008, thereby adopting the Brinnon MPR
Comprehensive Plan amendment associated with the 2007 Comprehensive Plan amendment cycle; the
decision having been made on January 14, 2008, following the schedule outlined in Resolution#113-07,
signed on December I0,2007.
The Adopting Ordinance was enacted during the regular Consent Agenda at 9:30 AM in the BOCC
Chambers, Jefferson County Courthouse, 1821 Jefferson St., Port Townsend. Following is a brief
description of this amendment to the Comprehensive Plan. This case has a Master Land Use Application
MLA)file number for reference and is a site-specific amendment.
MLA06-87:The Statesman proposal was approved as revised with conditions,to amend the Jefferson
County Comprehensive Plan on pages 3-23 and 3-45. The comprehensive plan narrative on page 3-23
would be amended to add language below the last paragraph to read:
Early in 2008,Jefferson County designated a new master planned resort(MPR)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 further developed to include additional commercial and residential
uses such as townhouses and villas. The Black Point area 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
center. The overall residential construction would not exceed 890 total units."
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 1-4.
Five additional site-specific Comprehensive Plan Amendments for the 2007 amendment cycle are enacted in
a separate Adoption Ordinance.
Availability of Information: Copies of the adopted ordinance are available at the Jefferson County
Courthouse, 1821 Jefferson St.,Port Townsend WA 98368,(360)385-9100. A copy of the full text of
the ordinance will be mailed out upon request. Background information is available at the Dept.of
Community Development,621 Sheridan Street,Port Townsend and on the DCD web pages:
www.cojefferson.wa.us/commdevelopment. Contact Karen Barrows for more information:(360)379-4482
or kbarrows(aico jefferson.wa.us
EXHIBIT B Comment Topics Related to SEIS Elements of the Environment Other Topics of Comment # Name Earth Water Plants Fish & Shellfish Shorelines Critical Transportation Air Quality Housing & Rural Aesthetics Utilities Public Cultural Fiscal & General Wildlife Areas and GHG Employment Character Services Resources Taxes Project and Other Topics' COMMENT LETTERS 1 Jefferson County -Comm. Dev. • • 2 Jefferson County -Pub. Works • • 3 Port Gamble S'Klallam Tribe • • • • • • 4 Wash. St. DAHP • 5 Wash. St. DOE • • • 6 Wash. St. DOH • • • 7 Wash. St. DOT • • 8 Brinnon Group • • • • • • • • • • • 9 Friends of Miller State Park • • • • • • 10 Hood Canal Environmental Council • • • • • • • • • 11 Norwest Watershed Institute • 12 Olympic Environmental Council • • • • 13 Sierra Club • • • • 14 Joe Baisch • • • 15 Joy Baisch • • • • • 16 J. Hal Beattie & Rebekah R Ross • • • 17 Bonnie Beaudoin • 18 Bonnie Beaudoin #2 • 19 Barbara Buchman • • • 20 Joseph Buchman • 21 Scott Burns and Margaret_ • • • 22 Sarah Clawson-Schuch • • • • 23 Ruth Di Domenico • • 24 Dalila Dowd • • • 25 John Dowd • • • 26 David Galle • • • • • 27 Terry Germaine • • 28 Belinda Graham • • • 29 Eric Hendricks • • • 30 Joan Hendricks • • • • • • • • • • 31 Jennings Heins & Associates • • • 32 K. Kennell • • 33 Genene Kluck • 34 Laurie Mattson • • • • • • 35 Joy McFadden • • 36 John McKay • 37 Brenda McMillan • • • 38 Rob Mitchell • • • • • • • • 39 Richard and Sheila Moore • • • 40 William and Roxianne Morris • • • • • 41 Miriam Murdoch • • 42 Gary and Pam Myhr • • 43 Joe and Miriam Newsom • 44 Jerry and Susan Olson • 45 Joseph and Krystyna Orrico • 46 Morgan Oslake • • • • • 47 Kirie Pederson • • • • • 48 Lynne Robinson • 49 Mark Rose • • • so David P. Sadler • 51 David P. Sadler #2 • Pleasant Harbor Final SEIS Summary of Comments Received on Draft SEIS 2015 5-1 Chapters
# Name 52 Eleanor Sather 53 Eleanor Sather #2 54 Eleanor Sather #3 55 Bud and Valerie Schindler 56 George Selfridge 57 Peter Siefert 58 Mike and Joan Stelte 59 Fred Stern 60 William and Victoria Stewart 61 Phil Thenstedt 62 Judd Tuberg 63 Greg and Tina Tyler 64 Lori Uddenberg 65 Steve Walker 66 Patty Wells 67 Del and Terri Weron 68 Katie Whitman 69 Lynda Wilson 70 Ralph Woodall PUBLIC MEETING COMMENT 71 George Sickel(?) 72 Mike Weld 73 Miriam Burdock 74 Rob Mitchell 75 Janice Richards 76 Victoria Marshall 77 Joe Baisch 78 John Adams 79 Don? 80 Jason Willouby 81 Mike Weid 82 Stew Engle (?) 83 Nicole Black 84 Richard Whitcom 85 Don Haren 86 John Dowd 87 Phil Dunster 88 Don Skangee (?) 89 Un-named Commenters TOTAL Pleasant Harbor Final SEIS 2015 Earth Water Plants Fish& Shellfish Wildlife • • • • • • • • • • 3 30 5 8 10 Comment Topics Related to SEIS Elements of the Environment Shorelines Critical Transportation Air Quality Housing & Rural Aesthetics Areas and GHG Employment Character • • • • • • • • • • • • • • • • • • • • • 1 7 27 3 26 3 2 5-2 Other Topics of Comment Utilities Public Cultural Fiscal & General Services Resources Taxes Project and Other Topics' • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 5 10 3 31 67 Summary of Comments Received on Draft SEIS Chapters
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EXHIBIT E
PLEASANT HARBOR MASTER PLANNED RESORT
Title 17
MASTER PLANNED RESORTS
Title 17,Article I, Port Ludlow MPR
Chapters 17.05-17.50
No change
Title 17,Article II, Pleasant Harbor MPR(17.60-17.80)
Chapter 17.60,General Provisions
17.60.010 Authority.
This title is adopted pursuant to Chapters 36.70 and 36.70A RCW, and Title 18 JCC.
17.60.020 Title.
The regulations set forth in this title shall be known as the"Pleasant Harbor Master
Planned Resort Code"or by the short title"Pleasant Harbor MPR Code." Citations to these
regulations shall be made using the applicable JCC section number.
17.60.030 Purpose and intent.
The purpose and intent of the Pleasant Harbor MPR code is to set forth development
regulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for future development within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60.040 Additional requirements.
Title 15 and Title 18 of the Jefferson County may supplement the regulations presented in
this Article in accordance with the terms and conditions of the Development Agreement entered
into between Jefferson County and Pleasant Harbor Marina and Golf Resort, LLP.
17.60.050 Applicability.
The provisions of this title shall apply to all land, all associated water areas and all uses
and structures within the boundary of the Pleasant Harbor Master Planned Resort as depicted on
the official land use map for Jefferson County,Washington.
17.60 060 Exemptions.
The following structures and uses shall be exempt from the regulations of this title,but
are subject to all other applicable local, state and federal regulations including,but not limited to,
the county building ordinance, interim critical areas ordinance,the shoreline management master
program, and the State Environmental Policy Act(SEPA).
1-
1) Wires, cables, conduits,vaults,pipes, mains, valves, tanks, or other similar equipment for
the distribution to consumers of telephone or other communications, electricity, gas, or water or
the collection of sewage, or surface or subsurface water operated or maintained by a
governmental entity or a public or private utility or other county franchised utilities including
customary meter pedestals, telephone pedestals, distribution transformers and temporary utility
facilities required during building construction, whether any such facility is located underground.,
or above-ground;but only when such facilities are located in a street right-of-way or in an
easement. This exemption shall not include above-ground electrical substations, sewage pump
stations or treatment plants, or potable water storage tanks or facilities,which shall require
conditional use approval in any zone where permitted;
2) Underground utility equipment, mailboxes,bus shelters, informational kiosks,public
bicycle shelters,or similar structure or device which is found by the director of community
development to be appropriately located in the public interest;
3) Minor construction activities, as defined by the IBC, Section 106.2 and structures exempt
under Chapter 15.05 JCC, as amended;
4) Stormwater detention facilities associated with and accessory to new development are
permitted in all zones. Any above-ground detention facility or pond shall be screened from the
public right-of-way or appropriately landscaped to ensure compatibility with the surrounding
area.
5) Development consistent with a Binding Site Plan approved by the County prior to
adoption of this chapter.
17.60.110 Preexisting uses and structures.
Existing legal residential and non residential land uses and structures in all zones of the
Master Planned Resort are lawful uses and may be continued in a manner consistent with state
law, Titles 15 and 18 of the Jefferson County Code and any other applicable regulations or
Ordinances.
17.60.120 Provisions binding on the land.
The provisions of this section shall apply to any subsequent owners, lessees,tenants or
others with an interest in the property subject to the master planned resort (or any portion or
parcel thereof), including but not limited to successors in interest,holders of any recorded
interest recorded subsequent to the MPR approval, community associations, facility providers
and special service districts operating within the MPR area.
17.60.130 Enforcement
The enforcement provisions codified in Chapter 18.50 Enforcement of Title 18 of the
Jefferson County Code as currently enacted or as hereafter amended shall apply to any alleged
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 Purpose.
The MPR-GR zone provides residential and recreational facilities, as well as commercial
amenities and services associated with the resort and surrounding community. It provides the
central resort and conference facilities.
2-
17.65.020 Permitted Uses.
1) Residential uses including single-family and multifamily structures, condominiums,
townhouses, apartments, lofts, villas, time-share and fractionally owned accommodations of all
kinds.
2) Short-term visitor accommodations, constituting not less than 65% of the total residential
units authorized by Ordinance#01-0128-08, including,but not limited to hotels,motels, lodges,
and any residential uses allowed under subsection 1 of this section that is made available for
short-term rental.
3) Visitor oriented amenities, including,but not limited to (a) conference and meeting
facilities; (b)restaurants, cafes, delicatessens,pubs,taverns and entertainment associate with
such uses; (c)on-site retail services and businesses typically found in destination resorts and
designed to serve the convenience needs of users and employees of master planned resort; and
d)recreation business and facilities;
4) Cultural and educational facilities of all kinds including,but not limited to, art galleries,
and indoor or outdoor theaters;
5) Indoor and outdoor resort-related recreational facilities, including but not limited to golf
courses(including accessory structures and facilities, such as clubhouses,practice facilities, and
maintenance facilities),tennis courts, swimming pools, spa services,hiking trails,bicycle paths,
ropes courses, amphitheater, and other recreational uses consistent with the nature of master
planned resort;
6) Waste water treatment facilities, including treatment plants, capture, storage and
transmission facilities to serve a reuse/recycle program for on-site treatment and use/reuse of
waste water and stormwater;
7) Public water supply and related facilities;
8) Public facilities and services as defined in JCC 18.10.160;
9) Utilities supporting the resort;
10) Emergency services (fire,police, EMS);
11) Medical services; and
12) Other similar uses consistent with the purpose of this zone and MPR as determined by the
Department of Community Development.
17.65.030 Height restrictions.
No buildings within the MPR-GR zone shall be erected, enlarged or structurally modified
to exceed 80 feet in height as measured by IBC standards. Underground or imbedded parking
shall not be included in any height calculations.
17.65.040 Bulk and density requirements.
There are no yard or setback provisions internal to the MPR-GR zone. All structures
shall be set back at least 20 feet from Master Planned Resort boundary lines and adjacent MPR
zones. Minimum building setback from State Route 101 is 50 feet.
Chapter 17.70, Open Space Reserve(MPR-OSR)
17.70.010 Purpose.
3-
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 measured under the Shoreline Management Act(Chapter 90.58
RCW)or 25 feet from the top of the bank as measured under Chapter 18.22 JCC,whichever is
greater.
17.70.020 Permitted uses.
The following uses are permitted in the MPR-OSR zone:
1) 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 discharge
or bluff erosion.
3) Those uses consistent with the Shoreline Master Program JCC 18.25
Chapter 17.75,Marina Village (MPR-MV)
17.75.010 Purpose.
The MPR-MV zone provides mixed use amenities and services associated with the
marina portion of the resort and surrounding community, and provides the central support to the
marina operations.
17.75.020 Permitted uses.
The following uses are permitted in the MPR-MV:
1) Marina and overwater structures as approved through the Jefferson County Shoreline
Master Program and associated regulations Chapter 18.25 JCC;
2) Residential uses including single-family and multifamily structures, condominiums, time-
share and fractionally owned accommodations of all kinds;
3) Marina Village related upland mixed use, commercial and service facilities, including
open parking lots, restaurants and shops, as well as marine service facilities,marina office, yacht
club and recreation facilities serving the resort and the Marina;
4) Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting marina and maritime village uses, fuel service and parking;
5) Indoor and outdoor resort-related recreational facilities, including but not limited to
tennis courts, swimming pools, marinas,hiking trails, bicycle paths,ropes courses, game center
and other recreational uses consistent with the nature of master planned resort.;
6) Utilities supporting the resort;
7) Infrastructure and buildings,both above and below ground, for the utilities;
8) Emergency services (fire,police, EMS);
9) Public facilities, and services serving the MPR-MV zone;
10) Medical services; and
10) Other similar uses consistent with the purpose of the this zone and MPR as determined by
the Department of Community Development.
17.75.030 Height restrictions.
4-
No buildings within the MPR-MV zone shall be erected, enlarged or structurally
modified to exceed 35 feet in height as measured by IBC standards. Underground or imbedded
parking shall not be included in any height calculations.
17.75.040 Sulk and density requirements.
There are no yard or setback provisions internal to the MPR-MV zone. All new
structures located within shoreline jurisdiction shall comply with the setback requirements of the
County's Shoreline Master Program as codified at Ch. 18.27 JCC
Chapter 17.80,Pleasant Harbor Resort Development
17.80.010 Resort development.
This section describes the"Resort Plan"for facilities to be located in the resort MPR, sets
out a required environmental review process for any future resort development, and provides
processes for reviewing major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development within the Pleasant Harbor MPR.
17.80.020 Development cap.
The Pleasant Harbor MPR in total shall have a development cap of 890 residential units
provided,however, short term visitor accommodation units shall constitute not less than than 65
percent of the total units. The Pleasant Harbor MPR in total shall have a development cap of
70,000 square feet of resort commercial, retail,restaurant and conference space,not including
lobbies and internal open space.
17.80.030 Resort Plan
The Resort Plan for future development of properties in the Pleasant Harbor MPR means
the regulations,requirements, densities and uses established in the Development Agreement
between the County and Pleasant Harbor Marina and Golf Resort, LLP dated 11 and approved by
Ordinance No. 11 and as reviewed includes up to 890 residential units, approximately 70,000
square feet of commercial space, as well as infrastructure necessary to service the development.
17.80.040 Permit process for resort development.
1) A project-level supplemental environmental impact statement(SEIS) analyzing
development under the Resort Plan is required prior to issuance of building permits for any new
resort development. The applicant may choose to develop a new environmental impact
statement rather than a supplement.
2) Notice of application for environmental review of the Resort Plan shall be provided to all
persons or agencies entitled to notice pursuant to the land use procedures of JCC Title 18.
c3) Actual building permit plans or construction drawings are not required during the SEIS
process. Architectural drawings including a detailed site plan, and architectural sketches or
drawings showing approximate elevations, sections, and floor plans are required, however, to
ensure that the SEIS considers project-level details.
4) The department of community development may impose mitigating conditions or issue a
denial of some or all of the Resort Plan based on the environmental review and using authority
5-
provided pursuant to the State Environmental Policy Act, Chapter 43.21C RCW. Article X of
Chapter 18.40 JCC shall be applicable to the permit process for resort development.
5) Following completion of the SEIS building permits may be issued, following appropriate
plan review, for projects analyzed in the SEIS.
6) Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposed as part of the environmental review or may be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.
1) All project level applications will be given an automatic SEPA threshold Determination
of Significance except where the SEPA-responsible official determines that the application
results in only minor construction. A EIS or SEIS is not required if existing environmental
documents adequately address environmental conditions as set forth in RCW 43.21C.034.
2) The scope of an SEIS prepared under this section shall address environmental issues
identified in the Programmatic FEIS issued November 2007, together with such additional
requirements as a project specific application may raise. The scope shall not change the
standards of approval,however, as set forth in the development agreement and these
development regulations.
3) The utility element of any subsequent phase environmental review pertaining to the
Pleasant Harbor MPR shall review information on all affected utility systems, including sewer
and water systems and the results of required monitoring. The effectiveness of such monitoring
shall be evaluated. Supplements or changes to the monitoring and reporting systems shall be
considered if necessary to ensure that water quality and water supply are adequately protected
and impacts to natural resources minimized.
4) Any preliminary scope for future development within the Pleasant Harbor MPR is based
on the described Resort Plan. Other elements, issues, and specific levels of detail may be
included based on information available at the time the Resort Plan development application is
submitted. Elements noted above may be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially significant adverse environmental impacts.
17.80.060 Revisions to Resort Plan.
1) Any proposed enlargement to the Pleasant Harbor MPR boundary or zone changes within
the MPR shall require a Comprehensive Plan amendment and related zoning action. Such
changes are outside the scope of the revision processes described below and in JCC 17.80.070
and 17.80.080. The County may approve an amendment to the Comprehensive Plan only if all
requirements of the Growth Management Act (Chapter 36.70A RCW) are fulfilled.
2) The County shall accept building permits only for projects included in and consistent
with the Resort Plan. A revision to the existing Resort Plan shall be submitted to the county for
approval prior to the acceptance of any 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 development regulations.
3) Proposed revisions to the Resort Plan shall be submitted to the department of community
development and the DCD director will determine whether the proposal constitutes a major or
6-
minor revision. Upon making a determination, the proposed revision shall follow the appropriate
process for plan 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 changes
to facilities and services in response to changing conditions or market demand and that some
degree of flexibility for the resort is needed. Minor revisions are those that do not result in a
substantial change to the intent or purpose of the Resort Plan in effect. A change that satisfies
the following criteria shall be deemed a minor revision for purposes of this chapter:
a) Involve no more than a ten (10)percent increase in the overall gross square
footage of the Resort Plan;
b) Will not have a significantly greater impact on the environment and/or facilities
than that addressed in the development plan;
c) Do not alter the boundaries of the approved plan;
d) Do not propose new uses or uses that modify the recreational nature and intent of
the resort.
A change to the Resort Plan may still qualify as a minor revision under this section despite its
failure to satisfy one or more of the conditions (a)through(d)of this section.
2) Minor Revision Process. Applications for minor revisions shall be submitted to, and
reviewed by the Jefferson County department of community development to determine if the
revisions are consistent with the existing Resort Plan and Resort Plan SEIS,the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satisfy the above-
referenced criteria shall be deemed a minor plan revision and may be administratively approved
as a Type II decision under the land use procedures of JCC Title 18,Unified Development
Code)by the director of the department of community development. Public notice of the
application, the written decision, and appeal opportunities shall be provided to all persons or
agencies as required by the land use procedures of JCC Title 18, Unified Development Code.
Those revisions that do not comply with the provisions contained within this section shall be
deemed a major revision, subject to the provisions outlined in JCC 17.80.080.
17.80.80 Major revisions.
Revisions to the Resort Plan that will result in a substantial change to the resort
including: changes in use, increase in the intensity of use, or in the size, scale, or density of
development; or changes which may have a substantial impact on the environment beyond 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 Major Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providing a
framework for review, analysis and mitigation of the revised development activity proposed. The
Resort Plan revision proposal shall include the following information:
a) A description of how the revised Resort Plan would further the goals and policies
set forth in the Comprehensive Plan;
b) A description of how the Resort Plan revision complements the existing resort
facilities of the MPR;
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c) A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site design and
protection of natural amenities;
d) A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet the needs
of residents of the Pleasant Harbor MPR and patrons of the resort;
e) A description and analysis of the environmental impacts associated with the
proposed revision, including an analysis of the cumulative impacts of both the proposed
revision and the approved Resort Plan, and their effects on surrounding properties and/or
public facilities;
f) A description of how the proposed Resort Plan revision is integrated with the
overall Pleasant Harbor MPR and any features, such as connections to trail systems,
natural systems or greenbelts,that have been established to retain and enhance the
character of the resort and the overall MPR;
g) A description of the intended phasing of development projects;
h) Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development,its facilities and services, and the protection of critical areas;
i) A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demands, including but not limited to
transportation, water, sewer and stormwater facilities; and a demonstration that sufficient
facilities and services to support the development are available or will be available at the
time development permits are applied for.
2) Major Revision Process. Major revisions shall be processed as a hearing examiner
decision(Type III), 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 Harbor MPR roster(see JCC 17.60.070) and such other persons or agencies as required
by the land use procedures of JCC Title 18, Unified Development Code. Any proposed major
revision involving a change to the boundaries of the MPR zone shall require a Comprehensive
Plan amendment(a Type V county commissioners decision)prior to any decision on the Resort
Plan amendment.
3) Decision Criteria. The hearing examiner may approve a major revision to the Resort Plan
only if all the following criteria are met:
a) The proposed revision would further the goals and policies set forth in the
Comprehensive Plan;
b) No unmitigated probable significant adverse environmental impacts would be
created by the proposed revision;
c) The revision is consistent with all applicable development regulations, including
those established for critical areas;
d) On-site and off-site infrastructure(including but not limited to water, sewer.,
storm water and transportation facilities) impacts have been fully considered and
mitigated;
e) The proposed revision complements the existing resort facilities,meets the needs
of residents and patrons, and provides for unified development,integrated site design,
and protection of natural amenities.
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Title 18
UNIFIED 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.
1) Port Ludlow. Port Ludlow Master Planned Resort(MPR). The first only existing
officially designated master planned resort in the county is the Port Ludlow MPR, which is
designated in accordance with RCW 36.70A.362 as an existing master planned resort and is
subject to the provisions of JCC Title 17. The master planned resort of Port Ludlow is
characterized by both single-family and multifamily residential units with attendant recreational
facilities including a marina,resort and convention center. The master planned resort of Port
Ludlow also includes a large residential community. The entire resort is served by a village
commercial center,which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restrictions such as codes,
covenants and restrictions may be more restrictive than the requirements in JCC Title 17.
However, Jefferson County does not enforce private codes, covenants and restrictions.
2) Pleasant Harbor Marina and Golf Resort. Pleasant Harbor Marina and Golf Resort is the
second officially designated master planned resort in the County. The Pleasant Harbor MPR is
designated in accordance with RCW 36.70A.360 as a new master planned resort and is subject to
the provisions of JCC Title 17. The Pleasant Harbor MPRis characterized by a golf course resort
facility south of Black Point Road and a marina/Maritime Village and associated housing north
of Black Point Road. The resort is predominately designed to serve resort and recreation uses and
has only limited full-time occupancy. The resort is served by the Brinnon Rural Center,which
accommodates LAMIRD-scale commercial uses serving the resort and local population. The
master planned resort's internal regulations and planning restrictions such as codes, covenants
and restrictions may be more restrictive than the requirements in JCC Title 17. However,
Jefferson County does not enforce private codes, covenants and restrictions.
18.15.115 Designation.
Master planned resort" (MPR)is a land use designation established under the Comprehensive
Plan. The only existing officially designated master planned resorts in the county areis the Port
Ludlow MPR and the Pleasant Harbor MPR,provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuant to RCW 36.70A.362 regarding designation of
existing master planned resorts. Pleasant Harbor MPR is adopted pursuant to RCW 36.70A.360
pertaining to new Master Planned Resorts. Designation of any new master planned resorts
pursuant to RCW 36.70A.360 requires compliance with the provisions of this article and a
formal site-specific amendment to the Comprehensive Plan Land Use Map subject to the
findings required by JCC 18.45.080.
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18.15.120 Purpose and intent.
Jefferson County has a wide range of natural features, including climate,vegetation,water,
natural resources, scenic qualities, cultural, and geological features,which are desirable for a
wide range of recreational users to enjoy. New master planned resorts authorized by RCW
36.70A.360 offer an opportunity to utilize these special features for enjoyment and recreational
use,while bringing significant economic diversification and benefits to rural communities. The
purpose of this article is to establish a master planned resort land use district to be applied to
those properties the board of county commissioners determines are appropriate for development
as a master planned resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
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:
1) All residential uses including single-family and multifamily structures, condominiums,
time-share and fractionally owned accommodations;provided, such uses are integrated into and
support the on-site recreational nature of the master planned resort.
2) Short-term visitor accommodations, including,but not limited to, hotels,motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-term
visitor accommodations shall constitute no less than 65 percent of the total resort
accommodation units.
3) Indoor and outdoor recreational facilities and uses, including,but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses,practice facilities, and
maintenance facilities),tennis courts, swimming pools, marinas,hiking and nature trails,bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deemed to be consistent
with the on-site recreational nature of the master planned resort.
4) Campgrounds and recreational vehicle (RV) sites.
5) Visitor-oriented amenities,including,but not limited to:
a) Eating and drinking establishments;
b) Meeting facilities;
c) On-site retail businesses and services which are designed to serve the
needs of the users such as gas stations, espresso stands,beauty salons and spas,
gift shops, art galleries, food stores,real estate/property management offices; and
d) Recreation-oriented businesses and facilities such as sporting goods and
outdoor equipment rental and sales.
6) Cultural and educational facilities, including,but not limited to,interpretative centers and
exhibits,indoor and outdoor theaters, and museums.
7) Capital facilities,utilities and services to the extent necessary to maintain and operate the
master planned resort.
8) Temporary and/or permanent structures to serve as sales offices.
9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, the Comprehensive Plan policies regarding master planned resorts, and
RCW 36.70A.360.
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 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 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 further the goals and policies of the Comprehensive Plan.
This shall address how landscaping, screening, and open space, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
f) A description of the environmentally sensitive areas of the project and the
measures that will be employed for their protection. For an MPR adjacent to the water
and subject to the jurisdiction of the Shoreline Management Act, a description and
supportive materials or maps indicating proposed public access to the shoreline area
pursuant to the Shoreline Master Program.
g) A description of how the MPR relates to surrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that
concurrency requirements of the Comprehensive Plan will be met.
i) A description of the intended phasing of development of the project, if any. The
initial application for an MPR shall provide sufficient detail for the phases such that the
full intended scope and intensity of the development can be evaluated. This shall also
discuss how the project will function at interim stages prior to completion of all phases of
the project, and how the project may operate successfully and meet its environmental
protection, concurrency, and other commitments should development cease before all
phases are completed.
2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 JCC (Development
Agreements), and RCW 36.70B.170 through 36.70B.210. Consistent with JCC 18.40.830(3) and
RCW 36.70B.170,the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned
resort, which may include,but are not limited to:
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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 (if applicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recreational
facilities, and on-site retail/commercial services;
e) Mitigation measures imposed pursuant to the State Environmental Policy Act,
Chapter 43.21 C RCW, and other development conditions; and
f) Other development standards including those identified in JCC 18.40.840 and
RCW 36.70B.170(3).
3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation,pursuant to the requirements of JCC 18.45.040; provided,that the
subarea planning process authorized under Article VII of Chapter 18.15 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent
with the review of the resort master plan and development agreement required for approval of a
master planned resort.
4) Planned Actions. 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 197-11-164 and 197-11-168.
5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.110.
18.15.129 Application requirements and approval process.
New MPR applications shall be processed as Type V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
1) A draft of the master plan shall be prepared to meet the requirements of JCC
18.15.126(1).
2) A request for authorization of a development agreement,pursuant to the requirements of
JCC 18.15.126(2)and Article XI of Chapter 18.40 JCC (Development Agreements).
3) A request for a site-specific Comprehensive Plan Land Use Map amendment necessary to
meet the requirement of JCC 18.15.126(3)and 18.45.040. [Ord. 8-06 § 1]
18.15.132 Decision-making authority.
1) The planning commission,pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
2) The board of county commissioners,pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master planned resort land use
districts on the Comprehensive Plan Land Use Map, approve the uses, densities, conditions and
standards authorized for site-specific MPRs in a development agreement, and approve master
plans.
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18.15.135 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR may be approved, or
approved with modifications, if it meets all of the criteria below. If no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria,then the
application shall be denied.
1) The master plan is consistent with the requirements of this article and Article VI-D of this
chapter(Environmentally Sensitive Areas District (ESA)).
2) The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of the Shoreline Master Program, and complies with all other applicable sections of
this code and all other codes and policies of the county.
3) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities,landscaping and all other conditions of the MPR sufficient to stand alone if
no subsequent phases are developed.
4) The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access,public safety, and social and health services, to adequately
meet the needs of the guests and residents of the MPR.
5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such services shall be oriented to serve the
MPR.
6) Environmental considerations are employed in the 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) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property.
9) The master plan establishes location-specific standards to retain and enhance the
character of the resort.
10) The land proposed for a master planned resort is better suited and has more long-term
importance for the MPR than for the commercial harvesting of timber or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or forest
resource land production. [Ord. 8-06 § 1]
18.15.138 FOA-Ludlow Master Planned Resort.
The Po#-Eudlew 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 AGREEMENT BY AND BETWEEN
JEFFERSON COUNTY, WASHINGTON AND PLEASANT
HARBOR MARINA AND GOLF RESORT,LLP RELATING TO THE
DEVELOPMENT COMMONLY KNOWN AS THE
PLEASANT HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
This DEVELOPMENT AGREEMENT("Agreement")is entered into this
day of 2014,by and between PLEASANT HARBOR MARINA AND GOLF
RESORT, LLP, a Washington limited liability partnership(referred to as "Developer")
and JEFFERSON COUNTY (the"County"), a municipal corporation under the laws of
the State of Washington,pursuant to RCW 36.70B.170 -.210.
RECITALS
WHEREAS,Developer is the owner of real property consisting of approximately
256 acres located within Jefferson County which property is described with particularity
in Exhibit 1 ("Developer's Property").
WHERAS,the County approved Developer's application to designate
Developer's Property as a master planned resort pursuant to RCW 36.70A.360 in the
County Comprehensive Plan to allow for resort-related development including,but not
limited to, a golf course and other on-site indoor and outdoor recreational amenities,
conference center,resort-related commercial uses, long-term and short-term residential
units not to exceed 890 units, and open space("Pleasant Harbor MPR").
WHEREAS,buildout of Developer's Property is expected to occur over the next
five to ten years depending upon market conditions and Developer, Jefferson County, and
members of the public at large will invest considerable time in the County permit and
review process for the future buildout of Developer's Property.
WHEREAS,the Washington State Legislature enacted RCW 36.70B.170-.210 to
strengthen the land use planning process and reduce the costs of development by
authorizing the County to enter into a private agreement with a landowner regarding the
development of its real property located within the County's jurisdiction.
WHEREAS,the County has determined that this Agreement will facilitate
orderly buildout of Developer's Property within the Pleasant Harbor MPR and will
further promote growth management and planning objectives of the County by providing
certainty over time with respect to permitted densities,uses, development standards and
other aspects of the development review process.
WHEREAS,the Parties to this Agreement acknowledge the Zoning Ordinance
for the Pleasant Harbor MPR(chapters 17.60-17.80-JCC)is in conformance with the
standards set forth in the Countywide Planning Policies and the Jefferson County
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Comprehensive Plan and is consistent with the goals and requirements of the Growth
Management Act.
WHEREAS,pursuant to RCW 36.70B.200, this Agreement was the subject of a
fifteen(15)day comment period, which ran to 2014, and a hearing was held
before the Jefferson County Board of County Commissioners on 2014. The
BOCC authorized execution of this Agreement by Resolution No. adopted on
2014.
WHEREAS,this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
NOW THEREFORE, in consideration of the promises, covenants, and
provisions set forth in this Agreement,the receipt and adequacy of which consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. EFFECTIVE DATE 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 Development Agreement.
1.2 Term
The term of this agreement shall be twenty(20) years from the effective date.
1.3 Modification
This Agreement may be modified, extended or terminated upon the written
agreement of Developer and the County.
Section 2. DEVELOPER'S PROPERTY
The property covered by this Agreement consists of approximately 256 acres 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 subject of this Development Agreement is attached as Exhibit 2.
Section 3. DEVELOPMENT STANDARDS
3.1 Permitted Uses and Density Standards; Zoning
The permitted 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. Development 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 planning goals adopted by Jefferson County in the Comprehensive Plan shall
be the policy guidance and the foundation for all future development of Pleasant Harbor
MPR.
3.3 Surface Water Standards
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Stormwater Management Code, JCC 18.30.070. A copy of the Code
section is attached in Appendix B. The County shall be responsible for the management
of surface water in all public road rights of way, easements accepted by the County for
maintenance and other areas dedicated to the public.
3.4 Critical Area Standards
Critical areas and their boundaries, as well as allowed uses within the critical
areas of the Brinnon MPR shall be determined based upon the Jefferson County Critical
Areas Code, Chapter 18.22 JCC. A copy of the Code section is attached in 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
Procedures/SEPA Implementation, Chapter 18.40 JCC. A copy of the Code sections are
attached in Appendix D(Chapter 18.35 JCC) and E (Chapter 18.40 JCC).
3.6 Shoreline Master Program
All future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Shoreline Master Program, Chapter 18.25 JCC,in effect as of the date
of this Agreement. A copy of the applicable Shoreline Master Program is attached as
Appendix F.
3.7 Additional Development Standards
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 Agreement, shall also apply
to the extent they do not conflict with the terms of this Agreement. A copy of the
applicable Code sections are attached in Appendix G.
3.8 Pleasant Harbor 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 requirements, at the time
of installation, of the water purveyor], the Jefferson County
Coordinated Water System Plan("CWSP") and the Washington State Department of
Health and all other applicable laws, ordinances, rules and regulations. A copy of the
applicable CWSP is attached in Appendix H.
3.9 Pleasant Harbor MPR Sewer Service
Sewer mains and sewer system improvements that may be required to serve
Developer's Property shall be installed in conformance with the most current, approved
specifications and requirements of the purveyor] General Sewer
Plan, as approved by the Department of Ecology, and all other applicable laws,
ordinances,rules and regulations. A copy of the applicable Genera Sewer Plan is
attached in Appendix I.
3.10 Memorandums of Understanding
As a condition to designating Developer's Property as a master planned resort,the
County required that Developer negotiate memoranda of understanding or memoranda of
agreement to provide needed support for the Brinnon schools, fire district, and emergency
medical services to mitigate for the potential impacts associated with the Pleasant Harbor
MPR. Developer secured the following MOUs:
Sheriff—Jefferson County shall provide law enforcement services within
the Pleasant Harbor MPR consistent with the Memorandum of
Understanding(MOU) attached as Appendix 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
determined and paid pursuant to applicable state and local law as set forth
in the MOU attached as Appendix J-2.
School—School services 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-1.
Transportation—Public transportation services to the resort are provided
by Jefferson County Transit. 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-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 Materials—Developer will advertise
and give written notice at libraries and post offices in East Jefferson
County and recruit locally to fill opportunities for contracting and
employment. 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 further agrees 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 development of the Pleasant
Harbor MPR except as provided in Section 4.2.2 of this Agreement.
Section 4. STANDARDS FOR DEVELOPMENT AND OTHER MITIGATION
BY COUNTY
4.1. County Processing and Review
The review and approval of proposed development applications proposed by
Developer for Developer's Property shall be pursuant to the Pleasant Harbor MPR
Zoning Code(Appendix A) and the County's Permit Application and Review
Procedures/SEPA Implementation, Chapter 18.40 JCC, which is attached in Appendix E.
4.2 SEPA Compliance
4.2.1. Prior EIS. The parties acknowledge that potential environmental
impacts from future development of the Pleasant Harbor MPR have been assessed and
addressed in prior environmental documents. The prior reviews were published in the
following documents:
Draft Environmental Impact Statement for Pleasant Harbor Marina and Golf
Resort(September 5, 2007);
Pleasant Harbor Marina and Golf Resort, Final Environment Impact Statement
November 27, 2007);
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Pursuant to Condition 63b of Ordinance 01-0128-08, the County required a supplemental
impact statement on the planned final configuration of the MPR, and the systems
designed to address the conditions and environmental consequences of the MPR as
identified in the November 2007 FEIS (Chapter 5) and Condition 63 a-dd in Ordinance
01-0128-08. The SEIS was published in the following documents:
Draft Supplemental Environmental Impact Statement for Pleasant Harbor
Marina and Golf Resort( date );
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environment
Impact Statement( date ).
the draft and final EIS and SEIS are referred to collectively as the"Prior EISs").
Development 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 permits, grading permits and building permits.
Except as provided in this Section,no further SEPA review is required, and no additional
substantive SEPA mitigation measures are required for approvals or permits that
authorize development that is consistent with level and range of development analyzed in
the Prior EISs.
The County may require additional SEPA review for a new or modified proposal
that materially exceeds the level and range of development reviewed in the Prior EISs.
For any such new or modified proposal, relevant information from Prior EISs shall be
used to the fullest extent possible in future SEPA review. The scope of environmental
review shall be limited to considering how or whether the proposal differs from or
exceeds the scope of the Prior EISs and if so, whether such modification results in
potentially significant adverse environmental effects that have not been adequately
addressed in the Prior EISs.
Nothing in this Section shall release Developer or its successors, successors in
title, or assignees from complying fully with the terms of the Pleasant Harbor MPR
Comprehensive Plan Amendment, Ordinance 01-0128-08 (Appendix B), specifically
condition 63(b),which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
construction.
4.3 Vesting of Development Standards and Mitigation
To the fullest extent allowed by law, all development proposed on Developer's
Property shall be vested to and governed by the terms of this Development Agreement,
the Pleasant Harbor MPR chapter of the Jefferson County Zoning, and the Unified
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Development Code, now codified at Title 18 of the Jefferson County Code including,but
not limited to,those code standards attached to this Agreement effective on the date of
this Agreement(as defined in Section 3.1 and attached as Appendices A-I). This vesting
provision shall be applicable,without limitation,to all land use applications,permits,
uses and development that occur on the Developer's Property within the term of this
Development Agreement. The vesting period shall be the same as the term of this
Agreement. Except as otherwise provided in Section 4.3.1 through 4.3.3 below any new
or different development standards adopted by the County during the term of this
Agreement shall not apply to Developer's Property. To the extent this Agreement does
not establish standards or requirements covering a subject, element or condition,then the
development approval sought shall vest to and be governed by the County codes,
regulations and standards in effect upon the date of complete application. The
development standards identified in this Agreement shall apply to Developer's Property
for the term of this Agreement, except:
4.3.1 Public health or safety requirements. The Board of County
Commissioners reserves the authority to modify one or more of the standards or
requirements of development for the Pleasant Harbor MPR during the term of the
Agreement, after notice, a public hearing and adoption of findings and conclusions,to the
extent required to avoid a serious threat to public health or safety, as provided in RCW
36.70B.170.
4.3.2 State and Federal Law. This Agreement does not relieve
Developer of any obligations to comply with state or federal laws or regulations of any
kind, including but not limited to those related to endangered species or stormwater. The
Pleasant Harbor MPR shall not be vested against the application of development
standards imposed by virtue 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 International Fire Code in effect in the State of
Washington as of the date of filing of a complete application for a building permit shall
apply to all new development.
Section 5. PHASING
5.1 Phasing Plan
Pleasant Harbor and Marina Resort is a planned resort that is capable of being
developed in independent and severable components or"phases." Future development of
the Pleasant Harbor MPR and all associated infrastructure, including roads and utilities,
may be reviewed,permitted and constructed and/or bonded in phases or subphases. A
phasing plan(consisting 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.
7
5.1.1 Phase 1. Phase 1 consists of the construction of primary facilities
needed to service initial construction of the MPR including the large onsite septic system,
the first water storage tank and piping distribution system, construction of the State Route
101 intersection improvements, transit stop parking and relocated WDFW access road.
The Maritime Village Building consisting of 66 residential units and approximately
21,000 square feet of commercial space will also be constructed during Phase 1.
5.1.2 Phase 2. Phase 2 involves initial development of the central resort
facilities. Golf course construction will commence and the Golf Terrace and Conference
Center consisting of 191 residential units and 36,000 square feet of commercial space
will be constructed. Phase 2 also involves construction of the wastewater treatment plant,
development of a second water well, electric power infrastructure and construction of
stormwater facilities._A 52 unit building for staff quarters 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 constructing the majority of the residential units including(1) Golf Terraces 2,
3 and 4, Sea View Villas and Golf Terrace units, comprising 329 total units; thirty six
36) Sea View Villas units, and thirty eight(38)Golf Vista units. A 52 unit building for
5.1.4 Phase 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 system with sufficient capacity to accommodate the waste
discharge for the phase under review and approval.
5.2.3 A road network to accommodate the phase under review and
approval.
5.2.4 Landscaping for the phase under review and approval.
County approval of a phase,whether by preliminary plat or other process, shall
require approval of preliminary facilities for the entire phase. The Developer may
construct preliminary facilities for each lot or tract in conjunction with development of
that lot or tract. A final plat for a phase may be recorded by lot or tract provided all of
8
the preliminary facilities necessary to serve the lot or tract are complete and the specific
development requirements within each lot or tract are complete.
5.3 Public Amenities and Access
Public amenities and access are those facilities and improvements that provide
resort related activities and services. The Pleasant Harbor MPR shall, at a minimum,
shall contain the following resort amenities (1) an 18-hole golf course; (2) spa services;
3)amphitheater; (4)pool; and (5)ropes course. These amenities shall be completed
consistent with completion of the phase in which the amenity is proposed and made
available to members of the general public for a fee to be established by Developer.
Section 6. GENERAL PROVISIONS
6.1 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws
and regulations of the State of Washington.
6.2 Binding on Successors; Assignment; Release of Liability
6.2.1 Binding on Successors. This Agreement 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 development of
Pleasant Harbor MPR may involve sale and assignment of portions of Developer's
Property to other persons who will own, develop and/or occupy portions of Developer's
Property and buildings thereon. Developer shall have the right to assign or transfer all or
any portion of the respective interests, rights or obligations under this Agreement or in
Developer's Property to other parties acquiring an interest or estate in all or any portion
of Developer's Property, including transfer of all interests through foreclosure(judicial or
non judicial)or by deed in lieu of foreclosure. Consent by the County shall not be
required for any transfer of rights pursuant to this Agreement.
Upon the transfer or assignment under this Section,where the transferee agrees to
assume obligations hereunder pertaining to the property transferred or assigned, the
transferee shall be entitled to all interests and rights and be subject to all obligations
under this Agreement pertaining to the property transferred or assigned, and Developer
shall be released of liability under this Agreement for the property transferred or
assigned,but shall retain liability for any breach which occurred prior to the transfer of
rights to another party and for those portions of the Property still owned by Developer.
6.2.3 Release of Liability. Developer shall be released of all liabilities
and obligations under the Agreement if: (a)Developer provides notice to the County of
an Assignment of the Agreement and(b)the assigned has assumed in writing the
obligations 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 further liability or
9
obligation under the Agreement, and the assignee shall exercise the rights and perform
the obligations of Developer under the Agreement for that portion of Developer's
Property acquired by the successor or assign. The parties acknowledge that Developer
may transfer or assign title to a portion of Developer's Property in any manner consistent
with this Agreement. Should the transfer or assignment of title relate to only a portion of
Developer's Property, then the release of liability pursuant to this paragraph shall only
apply to acts or omissions arising from or related to the portion of Developer's Property
being assigned or transferred.
6.3 Recording; Release as to Residential Development
This Agreement shall be recorded with the Jefferson County Auditor against
Developer's Property as a covenant running with the land and shall be binding on
Developer, its successors, successors in title and assigns. Upon the approval of a final
plat, a condominium declaration or other approved land division in compliance with this
Agreement that relates to residential development of Developer's Property,then there
shall be executed and recorded with the Jefferson County Auditor a release from this
Agreement with respect to that particular and specific parcel or parcels of real property
that received final plat approval, filed a condominium declaration or was the subject of
other approved land division. Residential development on the parcel or parcels released
pursuant to this subsection shall continue to be subject to the requirements of the
development regulations listed in Sections 3 (all) and 4.1 above.
6.4 Interpretation; Severability
6.4.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the County's authority to enter into
such agreements, and this Agreement shall be construed to reserve to the County only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. The parties acknowledge the County has police powers,
contracting authority and other powers granted by the Washington State Constitution and
by general law, including without limitation home rule charter authority, authority to
enter into interlocal agreements (see RCW Ch. 39.34), statutory enabling legislation and
authority to adopt development regulations as part of annexations (see RCW
35A.14.330), and the Development Agreement Statute(see Ch. 347, 1995 Wash. Laws,
Part V, § 501-06).
6.4.2 Severability. If any provision of this Agreement is determined by
a court of law to be unenforceable or invalid,then the remainder of the Agreement shall
remain in full force and effect. Further, as to those provisions held by a court of law to
be unenforceable,the parties shall confer and agree to amend the Agreement to
implement the mutual intent of the parties to the maximum allowed by law.
6.5 Authority
The County and Developer respectively represent and warrant that it has the
respective power and authority to execute this Agreement.
10
6.6 Amendment
This Agreement shall not be amended without the express written approval of the
County and Developer(or its successors, successor in title and assigns with respect to the
property in which they have an interest). The Board of County Commissioners must
approval all amendments to this Agreement by ordinance or resolution and only after
notice to the public and a public hearing.
6.7 Exhibits and Appendices
Exhibits 1 through 4 and Appendices A through 0 are incorporated herein by this
reference as if fully set forth. In the event of any conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreement,the main body of this
Agreement shall control.
6.8 Headings
The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
6.9 Time of Essence
Time is of the essence of this Agreement in every provision hereof. Unless
otherwise set forth in this Agreement, the reference to "days"shall mean calendar days.
If any time for action occurs on a weekend or legal holiday,then the time period shall be
extended automatically to the next business day.
6.10 Integration
This Agreement represents the entire agreement of the parties with respect to the
subject matter hereof. There are no other agreements, oral or written, except as expressly
set forth herein.
6.11 Dispute Resolution
In the event of any dispute relating to this Agreement, all parties upon the written
request(to be titled"Notice of Dispute") of any other party, shall meet within the five(5)
business days to seek in good faith to resolve the dispute. The County shall send a
department director or the qualified lead planner and other persons with information
relating to the dispute, and Developer shall send an owner's representative and any
consultant or other person with technical information or expertise related to the dispute.
If the parties are unable to reach amicable resolution of a dispute within thirty(30) days
of the written Notice of Dispute issued by one of the parties,the parties agree that they
11
will immediately identify a mediator and participate in mediation in good faith. The
selected mediator shall have documented experience and expertise in Washington land
use law. The parties agree to work cooperatively to select a mediator with land use and
real estate experience. Each party will identify and propose to the other party three
potential mediators. Between the proposed mediator lists,the parties will select a
mutually agreeable mediator to resolve the dispute. The mediation shall be completed
within 90 days of the original written Notice of Dispute by one of the parties. If the
parties are unable to reach a resolution following timely mediation, each party reserves
the right to seek resolution and pursue remedies available under this Agreement and at
law. The parties agree that the cost of mediation pursuant to this paragraph shall be
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 Agreement unless it has failed to perform a
material provision under this Agreement for a period of thirty(30)days after written
notice of default from any other party. Each notice of default shall 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 deemed a cure. Any party not in default
under this Agreement shall have all rights and remedies provided by law including
without limitation damages, specific performance or writs to compel performance or
require action consistent with this Agreement. In recognition of the possible assignment
and sale of portions of Developer's Property(see Section 6.2.2) any claimed default shall
relate as specifically as possible to the portion of the Property involved and any remedy
against any party shall be limited to the extent possible to the owners of such portion of
remedies which do not adversely affect the rights, duties or obligations of any other non-
defaulting owner of portions of Developer's Property under this Agreement. Each party
to this Development Agreement 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 Agreement. Members of the general
public, including but not limited to those persons or entities purchasing residences or
condominiums from the Developer, shall not have any cause of action or enforceable
rights under this Agreement.
6.14 Construction
This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
12
6.15 Notice
All communications,notices and demands of any kind which a party under this
Agreement requires or desires to give to any other party shall be in writing deposited in
the U.S. mail, certified mail postage prepaid,return receipt requested, and addressed as
follows:
To the County:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc: Board of County Commissioners
P.O. Box 1220
Port Townsend,WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E>Raintree Drive, Suite 100
Scottsdale,Arizona 85269
cc: John T. Cooke
Houlihan Law
3401 Evanston Ave.N. Suite C
Seattle, WA 98103
6.16 Estoppel Certificates
Within 30 days following any written request that any party or a Mortgagee may
make from time to time, the other party shall execute and deliver to the requesting person
a statement certifying that: 1)this Agreement is in full force and effect, and stating any
formal amendments to the Agreement;2)to the best of the knowledge of the 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 reasonably request information. Failure
to provide a timely response to the requesting party shall be deemed conclusive evidence
that the Agreement is unmodified and in full force and effect and that no notices of
default or violation have been issued. Issuance of estoppel certificates is an
administrative matter within the County. The County shall have no liability to the
requesting party if it provides an estoppel certificate in good faith and with reasonable
care.
6.17 Cooperation
The parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The parties agree to take further actions and
execute further documents, whether jointly or within their respective powers and
authority,to implement the intent of this Agreement.
13
6.18 Indemnification
Except as otherwise specifically provided elsewhere in this agreement and any
exhibits hereto, and to the fullest extent possible under the law, each party to this
Agreement shall protect, defend and indemnify and hold harmless the other party and its
officers, agents and employees, or any of them, from and against all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, which are caused
by or result from any negligent 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 expense, and if a final judgment is rendered
against the other party or parties or their officers, agents or employees or jointly the
parties and their respective officers, agents or employees,the parties whose actions or
omissions give rise to the claim shall satisfy the same,provided that, in the event of
concurrent negligence, each party shall indemnify and hold the other parties harmless
only to the extent of that party's negligence. This indemnification hereunder shall be for
the benefit of the County as a municipal entity and not for the benefit of the general
public. Under no circumstances will the County be responsible for costs, claims, losses,
damages or expenses associated with the existence or enforcement of any conditions,
covenants and restrictions recorded against the residential properties within the Pleasant
Harbor MPR.
6.19 No Waiver
No waiver by any party of any t•uu or condition of this Agreement shall be
deemed or construed as a waiver of any other term or condition, or a waiver of any
subsequent breach, whether of the same or a different provision of this Agreement.
6.20 No Private CCR Enforcement by County
The parties acknowledge and agree that nothing in this Agreement shall alter,
infringe upon,modify, change, limit or restrict the ability or powers of the existing
neighborhood,tract or subdivision property owner or lot owner associations from
enforcing, interpreting and utilizing any and all covenants, conditions or restrictions that
pre-exist this Agreement or covenants, conditions or restrictions recorded with the
Jefferson County Auditor after the effective date of this Agreement.
The parties further acknowledge and agree that Jefferson County bears no
responsibility for the enforcement, interpretation or resolution of any dispute, filing,
grievance, complaint or appeal that might arise as a result of recorded covenants,
conditions or restrictions relating to tracts, subdivisions, lots or parcels within the
Pleasant Harbor MPR.
6.21 Entire Agreement
This Development Agreement consists of the Resolution approving the
agreement,the Agreement pp. 1-17, Exhibits 1-4, and Attachments A-O.
14
JEFFERSON COUNTY
Jefferson County Board of County
Commissioners
By
Chair,John Austin
By
Member,David Sullivan
By
Member, Phil Johnson
15
APPROVED AS TO FORM:
Prosecuting Attorney
Carl Smith
Director of Community Development
PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP
By:
Its:
Attachments:
Exhibit 1 —Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina, LLC Property
Exhibit 2—Zoning Map of Developer's Property(to be supplied)
Exhibit 3 —Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit 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 JCC
Appendix D—Land Division Code, Chapter 18.35 JCC
Appendix 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 Service Plan [from SEIS]
Appendix I—Sewer Service Plan [from SEIS]
Appendix J—Memorandum of Understanding
1. Schools
2. Fire/EMS
3. Police/Public safety
4. Transportation
5. Health Care
6. Housing
16
STATE OF WASHINGTON
ss
COUNTY OF
On this day of 2014,before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Melvin G. Mann,to me known to be the person who signed as
manager of Pleasant Harbor Marina and Golf Resort, LLP,the Washington limited
liability company that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said limited liability company
for the uses and purposes therein mentioned, and on oath stated that he was duly elected,
qualified and acting as said officer of the limited liability company and that he was
authorized to execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this day of 2014.
Signature of Notary)
Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington,residing at .
My Appointment Expires:
17
EXHIBIT 1
The Pleasant Harbor Master Plan Resort at Black Point shall consist of the
properties described below, excluding only that potion of any parcel lying westerly of US
101, and together with leased tidelands supporting the Pleasant Harbor Marina; all as
illustrated at Figure 1-5,page 1-4 of the Brinnon Master Planned Resort FEIS issued
November 27, 2008.
Parcel A APN 502153002
The Northeast 1/4 of the Southwest '/ of Section 15, Township 25 North, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility purposes through,
across and over the following described property:
Beginning at the Southeast corner of the Southwest '/ of the Northwest '/ of said Section
15;
thence run West, along the South line of said Southwest '/ of the Northwest `/a,
approximately 175 feet to the Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line
when measured at right angles;
thence East,parallel to said South line,to the East line of said Southwest '/ of the
Northwest '';
thence South 30 feet to the point of beginning;
And over and across the West 30 feet of the South 30 feet of Government Lot 4 in said
Section 15.
Situate in the County of Jefferson, State of Washington.
Parcel B APN 502153003
The East '/2 of the Northwest '/ of the Southwest '/ of Section 15,Township 25 North,
Range 2 West,W.M., in Jefferson County,Washington;
Except that portion thereof, lying within a strip of land conveyed to the State of
Washington, for State Road No. 9,Duckabush River-North Section,by deed dated
August 28, 1933, and recorded under Auditor's File No. 70817,records of Jefferson
County, Washington.
Situate in the County of Jefferson, State of Washington.
1
Parcel C APN 502153023
Those portions of Sections 15 and 22,both in Township 25 North, Range 2 West,W.M.,
Jefferson County,Washington, described as follows:
The Southwest '/ of the Southeast '/ and Government Lot 7 of said Section 15, and
Government Lots 2 and 3 of said Section 22;
Except those portions thereof lying East of the West line of the East 695.00 feet of said
Southwest '/ of the Southeast '4, and East of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Government Lot 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 front of, adjacent to and abutting upon the West 1/2 in width of said Government
Lot 2,in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Northwest 'A of the Southeast 'A of Section 15, Township 25 North,
Range 2 West, W.M., lying Southerly of the Black Point Road as conveyed to Jefferson
County by deed recorded under Auditor's File No. 223427,records of said County;
Except that portion described as follows:
That portion of the Northwest 1/4 of the Southeast '/a 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 '/4 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 'A 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 tract:
Beginning at the Southwest corner of Government Lot 3;
thence North 88° 23' 07"West 308.14 feet to the Southeasterly right of way of State
Highway No. 101, and the true point of beginning;
thence Southwesterly along said Highway, 117 feet,
thence South 88° 23' 07"East,to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest '/ of the Northwest 'A,
100 feet West of said high tide line;
thence North 88° 23' 07" West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502152014
Lot 1 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats,pages 205 and
206,records of Jefferson County,Washington,being a portion of Section 15, Township
25 North, Range 2 West, W.M.,Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Parcel G APN 502152015
Lot 2 of Watertouch Short Plat, as recorded in Volume 2 of Short Plats,pages 205 and
206, records of Jefferson County,Washington,being a portion of Section 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 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.
3
Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 to 223 and amended in Volume 3 of Short Plats,pages 8 to 10, records of
Jefferson County, Washington,
Except that portion of Lot 1 described as follows:
That portion of Government Lot 3 abutting second class tidelands in Section 15,
Township 25 North, Range 2 West,W.M., Jefferson County,Washington, being more
particularly described as follows:
Commencing at the North '/ corner of Section 15, Township 25 North, Range 2 West,
W.M.,Jefferson County, Washington;
thence South 88° 13' 42" East along the North line of said Section 15 for a distance of
364.50 feet to the point of beginning;
thence continuing South 88° 13' 42"East 238.76 feet to the line of mean high tide;
thence South 61° 12' 00"West along the line of mean high tide 34.78 feet;
thence North 40°41' 54"West along the line of mean high tide 3.31 feet;
thence South 62° 36' 19"West along the line of mean high tide 26.83 feet;
thence South 87° 54' 36"West 166.65 feet;
thence North 21°21' 05"West 43.00 feet to the point of beginning.
And Also Excepting second class tidelands as conveyed by the State of Washington, in
front of, adjacent to and abutting the above described excepted uplands.
Situate in the County of Jefferson, State of Washington.
Parcel J APN 502152012
Lot 2,Pleasant Harbor Marina Short Plat, as per plat recorded in Volume 2 of Short Plats,
pages 221 through 223, and amended in Volume 3 of Short Plats,pages 8 through 10,
records of Jefferson County, Washington.
Together with second class tidelands, as conveyed by the State of Washington, situate in
front of, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel K APN 502153020
Those portions of the Southwest '/ of the Southeast '' of Section 15, and Government
Lot 2 of Section 22,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest 'A of the Southeast '/, as measured along the
North line thereof;
4
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Those portions of the Southwest '/ of the Southeast '/4 of Section 15, and Government
Lot 2 of Section 22,both in Township 25 North, Range 2 West,W.M., Jefferson County,
Washington, described as follows:
The East 520.00 feet less the East 345.00 feet of said Southwest '/ of the Southeast '/, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation 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
Lot 2 of Section 22,both in Township 25 North,Range 2 West,W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest '/ of the Southeast '4, as
measured along the North line thereof.
Together with that portion of said Government Lot 2 lying East of the Southerly
prolongation of the West line of said East 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
308913 US Hwy 101,Brinnon WA 98320
360)796-4611(800)547-3479
Fox:(866)848-4612
PLEASANT HARBOR
September 29 2010
MEMORANDUM OF UNDERSTANDING
Housing
THIS AGREEMENT,by and between Pleasant Harbor Marina and Golf Resort LLP(Company)
and Jefferson County is designed to address impacts associated with development of the Pleasant
Harbor Marina and Golf Resort (Resort), now under regulatory review by the County, not
addressed by increased revenue from the proposed Resort and subject to supplemental mitigation
to assure concurrency in accordance with the ordinance of approval, Ordinance 01-0128-08,
paragraph 63(c), which provided a requirement that the SEIS review memoranda of
understanding on appropriate mitigation for the following:
To provide needed support for the Brinnon School, Fire District, Emergency Service (EMS),
Staff Housing,Police,Public Health,Parks and Recreation and Transit.
And Condition 63(g)which states,"The developer shall commission a study of the number of A----t Formatted:Left,Indent:Left: 0'
fobs expected to be created as a direct or indirect result of the MPR that earn 80%or less of the
Brinnon area average median income(AMI).The developer shall provide affordable housing
eg.,no more than 30°a of household income)for the Brinnon MPR workers roughly
proportional to the number of jobs created that earn 80%or less of the Brinnon area AMI.The
developer may satisfy this condition through dedication of land,payment of in lieu fee.or onsite
housing development.
Formatted:Indent:Left: D"
Housing
Rental housing in the Brinnon area is limited as described in Section 3.5.6 of the Final
Environmental Impact Statement for the Proposed Brinnon Master Planned Resort (FEIS)
November 27, 2007). The Resort will take the following steps to mitigate housing impacts
related to the Resort development
I. During construction, construction workers will have access to teiupe ti ouui—«the
existing 60-unit RV facility on site as staled on page 3-65 of the FEIS.
2. Once constnieted by the developer,there will be affordable staff housing(not more than
30% of income) will be available to accommodate a developed-eenditien workforce
tomo€104 to 208 employees(52 Double Occupancy per bedroom Suitesawe hcdru:nn
amts-). This will be located above+» the A T-Center Muintoinm„.. Building/Staff
Quarters, a multi-use structure in the golf course/resort area, of the site deigned to
To comply with the rough proportionality under
Condition 63(g),those full-time staff who make less than$34,743 (80%of the Brinnon
AMI)annually and who are not able-able-to reside on-site in the Staff Quarters due to full
occupancy, shall be compensated by the resort developerloperator for the difference
between their off-site rental expense that is over 30%of their monthly take-home wage.
3. Senior management will be housed in the Golf Chalets adjacent to Terrace Building 1.
4. Booking Staff will be housed in assigned suites,within the proposed Maritime Village at
the intersection of Black Point Road with U.S. Highway 101, to accommodate late
arrivals. Full-Time Booking staff who do not earn more than$34,143 annually shall not
pay more than 30%of their take-home monthly income for housing.
Approved By Jefferson County
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Signature Print Date
Jefferson County
Approved By M.Garth Mann(President&CEO Statesman Groups
Signature Print Date
M.Garth Mann,President&CEO Statesman Group
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