HomeMy WebLinkAbout024Michelle Farfan
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David W. Johnson <djohnson@cojefferson.wa,us>
Monday, January 25, 20L6 3:14 PM
Lorna Smith
David W. Johnson (dwjoh nson @co jefferson.wa.us)
Pleasant Harbor Staff Report
Final Draft Staff Report Phase Ilpdf; Exhibits A, C - G.pdf; Exhibit B.pdf; 01 0128 08.pdf
Lorna,
Attached is the staff report and adopting ordinance for Phase I
Mission: To preserve ond enhance the quality of lfe in Jffirson County by promoting a vibrant economy,
sound communities and a healthy environment.
1$ SIVE PAPER - Pleose do not print this e-mqil unless obsolulely necessory
All e-mail may be considered subject to the Publb Records Act and as such may be disclosed to a third-party rquestor.
Jeffersort County Oepertm€nt of Community Developraent
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1
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465
LEE*
HN
JEFFERSON COUNTY
DEPARTMENT OF COiIiiUNITY DEyELOPMENT
9Zl t$q 9teel I PortTowngeld, WA 98368 | web: yrww.cojeftrson.wa.udcommunitvdevdooment
Tel: 360.379.4450 | Fax 360.379.4451 ; emait: dcO@co.ieftrson.waxs
Buildutg &mfs & lnqpecflons l}ewbprnnt ConoisfercyReviewlLong Range Planning lsguare Op Resouce Canter
STAFF REPORT
TO
JEFFERSON COIINTY PLANNING COMMISSION
A}ID
BOARD OF COTINTY COMMISSIONERS
File No:
Applicants:
Master Planned Resort
Development Regulations
Development Agreement
ZON0&00056; MLA0E-00188
Pleasant llarbor Marina and
Golf Resort, LLC
FINDINGS OF tr'ACT,
C0NCLUSIONS, AND
RECOMMENDATIONS
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SUMMARY OF APPLICATION AND RECOMIVIENDATION:
Application: lne proposed Pleasant [Iarbor Master Plarured Resort, a 256 acre,300 slip marina with
resort amenities including a nine (9) hole golf coruse, requires approval of proposed zoning and
development regulations (DR) under Jefferson County Code (JCC) Title 17 to implement approval of the
Site Specific Comprehensive Code Arnendment to redesignate fourteen (14) parcels from Rural
Residential to Master Planned Resod zoning (MLA06{0087). The project also requires approval by the
Board of County Commissioners of a development agreEment @A) berween the County and Developer
as to the terms and conditions urrder which the development shall take place. The proposal includes
completion of a Supplernental Enrironment Impact Statsmcnt (SEIS) to ensure compliance with the State
Environmental Policy Acl (SEPA) and review and recommendation by the Jefferson County Plaruring
Commission @C), with final approval by the Board of County Commissioners (BoCC).
Recommendation: ApprovalwithConditions
Froject Planner: David Wayne Johnson, Associate Planner
BACKGROUND IITIFORMATION :
Property Owners: Pleasant Harbor Marina & Golf Resort, LLP
Attn: Garth Marn
7370 Sierra More,na Blvd SW
Calgary, AB T3H 4H9 Canada
RB:
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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 Commrmity, west and south of Pleasant Harbor and on the Black Point
Penirsula 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 Campgromd
on Black point (BSAP page 45) as an ideal location for a Master Plarured Resort (MPR). A pre-
application conference for an MPR on Black Point was requested by The Statesman Group of Calgary,
Alberta, Canada and held on January 10, 2006. On March l, 2006 The Statesrnan Group submitted to
Jefferson Cou.nty a Comprehe,:rsive 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 Octobff 2, 2006, The Statesman Group, formally requested that the
Environmental knpact Stateinent 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
dwelopment. On November 27,2007, a prograrnmatic Final EIS was issued in association with a
Cornprehensive Plan Amendmsnt request to re-desigrrate 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 Statesrnan Group applied for a Unified Development Code (UDC) Text
Amendment and Developrneirt Agreement (MLA08-00188) to implement the MPR. A public "Scoping
Meeting'was held at the Brinnon School house on October 28tl\2009, and on March 31,2010, DCD
iszued a Scoping Merno to Statesman defining the scope of the SEIS. DCD issued a revised Scoping
Memo on October l2,20ll to address applicant initiated changes to the alternatives of the project due to
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 17,20L3, DCD signed a contract with EA
Blumen (now EA Engineering) to authorthe SEIS.
On November 19,2074, Jcfferson County issued a Draft SEIS (DSEIS) for public and agency review
with a 45 day comment period that ended on January 5, 2015. Redevelopment and reoovation of the
Marina under an existing Binding Site plan began in May 2010 and was completcd 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 l8 to 9 with a 3-hole practice course, This change necessitate re-review of
sorne of the environmertal elements. A Final SEIS (FSEIS) was issued on Decsmber 9,2015.
Site Description: The Pleasant Harbor site is Iocated in south Jefferson County on the western shore of
Hood Canal, about 1.5 miles south of the unincorporated comrnunity of Brinnon. More specifically, the
site is located on a 710-acre peninsula lnown 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 I 3
parcels and is located on approximately 256-acres; 220-axes 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
buildiog; pool restroom building; laundry; and boaters' showeq restroom building and docks for moorage
of 300 slips. An existing Binding Site Plan (BSP) allowed redevelopment of these structures within the
sarne building footprint under se,parate 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 l0l. 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 systern 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 frlled with soil, playground equipment, restroom
buildings with septic tanks and drain fields, wells for water supply, gFavel 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 southem portion of the site is a steep bluff (lOGt feet high) and a narrow beach fronting the shellfish
beaches on the Duckabush River delta souttr 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 acccss will not be allowed as part of this proposal.
A Washington De,parheirt 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. ltre remainder of the WDFW
property is forested hillside. See Appendix D of the SEIS for daails of this existing access road and
surotrnding property.
Direct access to the Plcasant Harbor site is provided via Black Point Road No vehicular access currently
exists from Black Point Road to the north within the site area; howwe,r, a narrow paved and gravel road
conrects 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 overgrowr in some
areas. Vehicular access to the Pleasant Harbor House is via the marina area which accesses U.S. Hwy l0l
and access to the Bed and Brealdast is direct via the gravel driveway.
Vehicular entry to the existing campground is via Old Black Point Road, an undefined Counly 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 l0l, Public access to the carnpground is currently restricted via an entry gate at the entrance to
the campground. The existing campground contains a network of privately-owned paved and gravel roads
and paths.
Existing vegetative cover on the site is remnant from earlier loggrng activities and the former Black Point
campground. Vegetation consists primarily of an over story of Douglas-fir with red alder, black
2oN0840056 - MLA0E40r 88
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cottonwood, bitter cherry, big leaf maple and Pacific Madrone. Understory includes broadleaf shrubs, red
flowering culrant, Scot's broom, blackberry, vine maple, salal and evergreen huckleberry.
The site is characterized by sevsral relatively flat terraces, interspersed with steep slopes and a series of
kettles or depressions. The topogaphy of the site ranges from mean sea level (msl) to about 320 feet
above msl on the peninsula, and from msl to approxirnately 100 ft. above msl in the area north of Black
Point Road. Slopes on the peninsula range from less than 2 percemt in the western portion of the site, to
more lhan 100 percent in the area of steep coastal bluffs along the south boundary. The high point on the
pcrrinsula (at existing grades) occurs in the southeast portion ofthe site.
The Black Point carnpground area contains several "kettle" depressions, formed when blocla of ice
buried in glacial moraines melted. The largest of these kettles, Kettle B in the north-central portion of the
site, occurs in impervious soils and supports a wetland. Other kettles on the site occur in porous soils and
are 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 furthff inforrnation on wetlands. Two strearns flow through the
site north of Black Point Road. Both streams are seasonal sffeams that do not support fish use or habitat
and are classified as Type Ns strsams that require a minimurn 50-foot buffer dependent on the gradient
per Jefferson County Code (JCC 18.22.270).
The private water system infrastnrcture within the site area presently includes supply wells, storage
facilities and distribution piping. Two wells supply water to the site including an existing well south of
Black Point Road that provides water for the Black Point campground. The second well north of Black
Point Road serves the existing Bed and Brealdast. Another well outside of the SEIS boundary sernes 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, treatrnent and discharge system on the site consists of gravity sewer
collection systems, septic and pump tanks, pumps, forcernains, and zubstrrface drainfields. The Pleasant
Harbor House has its own pump tank and grinder pump. The Bed and Breakfast is served by its own
septic systan. 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 ttrough natural
vegetation. Existing stormwater nrnoff conveyance systerns in the form of culverts are located under
Black Point Road and in the strcams and drainages north of Black Point Road. Untreated surface drainage
from U.S. Hwy l0l is collected in roadside ditches and conveyed to culverts that pass the runoff under
the highway to opsn 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 rnarina and
zurrounding residential uses. Nafirral 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 iurpacts resulting from the proposed project-level
development. The following are alternatives evaluated within the FSEIS:
1
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Alternative I consists of an l8-hole golf coluse, 890 residential units, 49,772 squrre feet of
commercial space and resort related amenities on a 231 acre site, with 3l acres of natural area
preserved ard2.2 million cubic yards of earthwork required for golf course grading.
Alternative 2 consists of the l8-hole golf course, 890 residential units, 56,608 square feet of
commercial space with resort related amenities and 80 acres of natural area preserved with I
million cubic yards of earthwork for golf course grading.
Alternative 3, also the Applicant's Preferred Alternative, consists of a 9-hole golf course with a 3-
hole practice course, 890 residerflial units, 56,608 square feet of comrnercial space with resort
related amenities and 103 acres of natural area preserved with I million cubic yards of earthwork
for golfcourse grading
No Action Alternative - it is assumed that the site's current land use desigrrations would remain
(Comprehensive Plan MPR and Rural Residentiai zoning designations) and the site would remain
pnmarily in nual residential use. Two scenarios are arnlyzed for this alternative in this Final SEIS;
Scenario A - Continuation of existing conditions; and, Scenario B - Redwelopment of the site
under existing land use desigrntions with single family residential uses and a 9-hole golf course.
The 300 slip Marina at Pleasant Harbor, although within of the Master Planned Resort boundary, was not
included in FSEIS analysis because it has been redeveloped under an existing Binding Site Plan.
Project Phases: The applicant proposes to complete the Pleasant Harbor Marina and Golf Resort over
the course of approximately l0 years, or in response to marke demand. The phasing plan for
development under the preferred Altemative 3 is as follows:
Phase I
t Construct U.S. Hwy 101 and Black Point Road intersection improvanants
Construct Marina Access Drive within SEIS site
Construct relocated WDFW Boat Access Road
Constnrct Water Storage Tank at Tee 9 with transmission/distribution piping
Redevelop Resort Well
Create Construction Matedals Processing Location on Golf Cor:rse 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
Constmct Transit Stop Parking
Phase 2:. Construct Electric Power Infrastnrcture for Resort Site (Mason County PUD Improvements). Construct site utilities for Phase 2 - utilities underground and roads. Construct Terrace I Building (191 units; 36,000 sf 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. Begrn Golf Cor:rse constnrction (grading/contouring) and create plant/tree mrs€ry. Construct Wastewater Recovery Plant. Construct Maintenance Building and Staff Quarters (52 r:nits)
2
3
4.
Phase 3
Construct Golf Terraces 2, 3 and 4 (329 units)
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Construct Sanitary Sewer Pump Stations and Force main
Constnrct site utilities for Phase 3 * utilities rmderground and roads
Complete Golf Course Construction
Construct Golf Halfuay House (snack and beverage) at Fairway 9
Reconstnrct Black Point Road
Golf Course opens
Phase 4
Construct Seaview Villas (206 units)
Construct Golf Vistas (44 units)
Comprehensiye Plsn Designation: The Jefferson County Comprehenstve Plan desigrrates the subject
parcels as Master Plarured Resort (MPR). The purpose and intent of the MPR desigrration is to establish a
master plarmed resort land use district to be applied to those properties the board of county commissioners
(BoCC) determines are appropriate for developmant as a master planned resort consistent with the
Comprehensive Plan policies and RCW 36.70A.360. The BoCC redesignated the subject parcels MPR
from Rural Residential zoning on January 28, 2008.
Site Visit: Jefferson Corurty Development Review staff have conducted several site visits, most recently
in June 2015.
DATT, OF APPLICATION: An application (MLA08-00188) to amsnd the GMA hnplerncnting
regulations (Unifred Development Code - Jefferson County Code Titles 17 & 18) and a request for a
Development Agreement was zubmitted to DCD on April 16, 2018 consistenl with JCC 18.45.090(l)(c),
and deemed complete on May 14, 2008 per JCC 18.40.1l0(4).
STATE EI{YIRONMENTAL POLICY ACT (SEPA): This application was reviewed under the State
Environmental Policy Act (SEPA), utilizing the Supplernental EIS (SEIS) tpe per WAC 197-11-
a05(aXa) and as required by Jefferson County Ordinance No. 01-012848 condition 63(b). Jefferson
Connty, as Lead Agency, iszued a Draft SEIS on November 19,2014 with a 45 day commenl period that
snded on January 5, 2015. The Final SEIS (FSEIS) was issued on Decernber 9,2015.
JETTERSON COT]NTY DEVELOPMENT APPROVALS AND PERMITS REOUIRED;
. Type V Amendment to Development Regulations
r Tlpe V Development Agre€rnent
r Ty?e III Binding Site Plan or Tlpe I Boundary Line Adjustmeirt
r T}?e I Stormwater Permit for Infrastructure and Class [V Genslal Forest Practices with Public
Works review
. Type I Building perrnits
APPLICABLE JEFTERSON COI.JNTY ORDINAITICES:. Jefferson County Code (JCC), JCC Titles l7 & 18, Unified Development Code, as amended. Jefferson County Comprehensive Plaq adopted August 28, 1998, as amended
NOTICE REOUIRDMENTS:
As required under JCC 18.40.150 & 780
Public Notice was published in the Port Townsend-Jetferson County Leader newspapil and mailed to
parties of record:
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Notice of Scoping for Preparation of Supplemental Environmental knpact Statement to address
7-orung Code Amendments, Dweloprnent Agreement, and Project Level Environrnent Review of
the Master Plan for the Brinnon Master Planned Resort: October 14. 2009.
Notice of Availability of Draft Supplemental Environmental Impact Staternent (DSEIS) and
Request For Cornments on DSEIS for Pleasant Harbor Marina and Golf Resort LLC Master
Planned Resort: Novernber 19. 2014
Notice of Availability of Final Supplernent Environmental Impact Staternent (FSEIS) and Notice
of Planning Commission Public Hearing and Notice of Intent to Arnend Unind Developmemt
code (iDC) for Pleasant Harbor Marina and Golf Resort LLC MasterPlanned Resort: December
9. 2015. Notice was also posted on the project site on December 23. 2015.
COMMENTS:
Public and Agency comments and staffresporses to each comrnent to the DSEIS can be found in Volume
tr 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 FIhIDINGS A]TID CONCLUSIONS:
This section constitutes staffs findings and conclusions regarding the applicant's consistency with
Washinglon State Starue, the Jefferson County Comprehensivc Plan and the Jefferson County Unificd
Development Code.
l. RCW 36.70A360 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 lirnited by this
section. A master planned resort means a self-contained and fully integrated planned unit
development, in a setting of sigrrificant natural amenities, with primary focus on destination resort
facilities consisting of short-terrn visitor accommodations associated with a range of developed
on-site indoor or outdoor recreational facilities.
Staff Cornment: as reviewed, approved and conditioned under Ordinance No. 0l-0128-08
(Exhibit A), the proposal complies this criterion. Subsequent developrnent shall comply with the
conditions of approval uDdss Ordinance No. 0l{128-08 #63(a) thru (dd), and specifically
condition 63 (aa) that requires a minimum of 65Yo of residential units be provided for short-term
visitor accommodations, and the FSEIS that lists the resort amenities (Appendix S of the FSEIS
and Exhibit C of this report) and recreational facilities.
NOTE: Ordinance No. 0l -0 I 28-08 was appealed and upheld by the Western Washington Growth
Managcment Hearings Board (Brinnon Group and Brinnon MPR Opposition v. Jefferson County
and Pleasant Harbor - Case No. 08-2-0014 Final Decision and Order) on Septernber 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 Managernent 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
a
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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 Ordinarce and environmental review
fails to comply with the substantive and procedural requirernents of Chapter 43.21C RCW
including implernenting regulations in Chapter 197-ll WAC and JCC 18.40.700 et seq. including
the procedural requirement for considcration of altemalives 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, rvatetr, storm \ilater,
security, fire suppression, and emergency medical, provided on-site shall be limited to meeting
the needs of the masts plarmed resort. Such facilities, utilities, and services may be provided to a
master planned resort by outside service providers, including municipalities and special purpose
districts, provided that all costs associated with service extensions and capacity increases directly
attributable to the master planned resort are fully borne by the resort. A master planned resort and
service providos may enter into agreements for shared capital facilities and utilities, provided
that such facililies and utilities serve only the master planned resort or rnban growth areas.
Staff Comment: the resort will be completely sslf-contained in terms of water, waste water and
stormwater featment. Basic security systems and personnel will be provided on-site by the
developer, along with a 500 square foot room dedioated to law enforcement. Fire and emsrgency
medical will be provided by the local Fire District and Jefferson Healthcare. The Developer is
required under Ordinance No. 0i-0128-08 condition (c) to maintain a Memorandums of
Understanding with the Sheriffs Deparuneirt, Fire Diskict and Jefferson Healthcare to provide
thoso services.
Nothing in this subsection may be construed as: Establishing an order of priority for processing
applications for water right perrnits, 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 watff right; or
affecting or impairing i, *y rranner 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.
StaffCommsrt: Water rights have been granted for tbree (3) on-site wells by thc Department of
Ecology under application number G2-30436. Approval of a Class A Water Systcrn by the
Departme,nt of Health is required prior to any Cormty development pemrit approval per
Ordinance No. 01 4128-08 condition (n).
(3) A master planned resort rmy include other residential uses within its boundaries, but only if the
residential uses are integrated into and support the on-site recreational nature ofthe resort.
Staff Report: No more thaD 35% of residential use shall be for perrnanent use. Fifly two (52)
residential uses shall be dedicated to Staff Housing as requted under Ordinance No. 0l-0128-08
condition (g). Both uses are integrated into and support the recreational nature ofthe resort.
(4) A master planned resort may be authorized by a county only if:
(a) The comprehersive plan specifically identifies policies to guide the development of master
planned resorts;
Staff Comment: Comprehursive Plan Land Use and Rural elernent 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 thc following section on the Jefferson County Comprehensive Plan. Under
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Ordinance No. 0l-0128-08, the BoCC made an affrrmative statement to satisfy this criterion (see
Exhibit A, page 5 #34).
(b) The comprehensive plan and developrnent regulations include restrictions that preclude new
urban or suburban land uses in the vicinity of the master planned resort, except in areas othenrise
designated for urban growth under RCW 36.704.110;
Staff Comment: Under Ordinance No. 01-0128{8, the BoCC made an affirmative statement to
satisft this criterion (see Exhibit A, page 5 #33).
(c) The cowfy includes a frnding 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 othenrise would be desigrrated as
forest land or agriculhral land under RCW 36.70A.170;
Staff Commsnt: Under Ordinance No. 014128-08, the BoCC made an affinnative statement to
satisfy this criterion (see Exhibit A, page 5 #33 EL 34).
(d) The county ensures thal the resort plan is consistent with the development regulations established
for critical areas; and
Stafl 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 in&astrustue and service impacts are fully considered and mitigated.
Staff Comment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, stonnwater, telecomrnunications and public services, and under
Ordinance No. 01412848 condition (c), Memorandums of Understanding are required for all
public service providers.
11998 c 112 S2; l99l sp.s. c 32 $ l7.l
NOTES
Intent-I998 c 112:- "The primary intent of this act is to give effect to recommendations by the 1994
department of comrnunity, trade, and economic development's master planned resort task force by
clariffing that master planned resorts may make use of capital facilities, utilities, and services
provided by outside service providers, and rnay enter into agreements for shared facilities with
such providers, when all costs directly attributable to the resort, including capacity increases, are
fully borne by the resort." [ 998 c I 12 $ 1.]
Staff Comment: The 30 conditions irnposed on the developer mder Ordinance No. 01-012848
and specifically condition (c) that requires Mernoranduns of Understanding (MOUs) with service
providers is the BoCC response to this intent.
2. Jelferson County Comprehensive Plan: The proposcd development is subject to the goals and
policies of the Jefferson County Comprehensive Plan. The following Plan goals and policies apply to
the proposal:
ThgJ.efferson County Comprehensive Plan. 1998. Land Use and Rural Elemert
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MASTER PI,AhINED RESORTS
As required under Ordinance No. 0l{128-08 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 (lvIPR) in Briruron.
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 cornrnercial and residential uses such as townhouses and villas. The Black
Point area of the new reso( would include new facilities such as a golf course, a restauran! a
resort center, townhouses, villas, staff housing, and a cornmunity ce,nter. The overall residential
construction would not exceed 890 total units."
Staff Comment: Since the adoption of Ordinance No. 014128{8 in January 28, 2008, the then
proposed marina development has changed due to the required 150 shoreline buffer under the
new Shoreline Master Program. The proposed additional residential and cornmercial
development was moved out of the marina area and up to and abutting Highway 101 as the
Maritime Village cornplex. As such, Staff recommends the following revision to this text to be
included the Ordinance adorpting the Development Agreement, as well as included in the periodic
update to the Comprehensive Plan Arnendrnent due June, 2018:
"Early in 2008, Jefferson County designated a new Master Planned Resort (MPR) in Brinnon
krown -ari the Pleasant Harbor Master Planned Resort. The new Master Planned Resort is 256
acres in size and includes the Pleasant Harbor lvlarina and Black Point areas. The Marina area is
existing and would be
. The Black
Point area and Maritirne_Villaee +lonq the Hiehway 101 of the new resort would include new
facilities such as a golfcourse, a restaurant, a resort center, townhouses, villas, staffhousing and
a cornmunity center. The overall residential construction would not exceed 890 total units."
GOALS AND POLICIES_nd Use and Rurgl Element
Goal 24.0 (p. 3{5) states:
Provide for the siting of Master Planned Resorts (MPRS) pursuant to the adoption of development
regulations consistent with the requirements of the Growth Managernent Act (RCW 36.704.360),
in locations that are appropriate from both an economic and snvironmental perspective.
Staff Commgnt: The proposal is consistent with this goal sincc Ordinance No. 0l-0128-08
approved the re-designation of the subject parcels from Rural Residential to Master Planned
Resort on January 28, 2008, effectively siting the resort on the subject parcels.
Policy 24.1 - Master planned resorts are generally larger in scalc, and involve grcater potential
impacts on the surrounding area, tban uses permitted under the Small -Scale Recreation and
Tourist Uses standards. MPRs rrny constitute urban gowth outside of urban growth areas as
limited by RCw 36.704.360.
Staff Comment: The proposal is c,onsistent with this policy as approved under Ordinance No. 0l-
012848.
Policy 24.2 - Owners of sites where MPRS are proposed to be located must obtain an amendment
to the Cornprehensive Plan Land Use Map, glving the site a mastsr planned resort designation
prior to, or concurrent with an application for master plan review. The cornprehensive plan
amendmeff proc€ss should evaluate all of the probable significant adverse elrvirormrental impacts
from the entire proposal, even ifthe proposal is to be developed in phases, and these irnpacts shall
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be considered in detenmining whether any paflicular location is suitable for a master planned
resort.
Slirff-Comment: The proposal is consistsnt with this policy as approved under Ordinance No. 0l-
0128-08.
Policv 243 - The process for siting a master planned resort and obtaining the necessary
Comprehensive Plan designation shall include all property proposed to be included within the
MPR and shaU finther include a review of the adjacent Cornprehensive Plan land use
designations/districts to ensure that the designation of a master plarured 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 masler plarmed resort within or adjacent to an existing Urban
Growth Area or within or adjacent to an existing area of more intense nral 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. 0l-
0128-08,
Policv 24,4 - MPRs should not be located on designated Agricultural Resource Lands or Forest
Resource l-ands, unless the County specifically rnakes the finding that the land proposed for a
Master Planned Resort is better suited and has more long-terrn importance for the MPR than for
the commercial harvesting of timber or production of agricultrral products, and also makes the
finding that the MPR will not adversely affect adjacent Agricultural or Forest Resource Laod
production.
StaffComment: The proposal is consistent with this polrcy as approved under Ordinance No. 01-
0128-08.
Policv 24.5 - The master planned resort shall consist of predominantly, short-term visitor
accommodations and associated activities, but may include sorne other permanent residential
uses, including carstakers' or anployees' reside,nces and some vacation home properties, provided
they must be integrated into the resort and consistenl with the on- site recreational nature of the
resort. MPRS may propose clustering consFuction, setbacls, lot sizes, and building sizes that vary
from those normally found in the Rural or Resource Lands designations.
StaffComment: No more tlan31Y, of residential use shall be for perrnanent r:se. Fifty two (52)
residential uses sball be dedicated to Staff Housing as required under Ordinance No. 01'0128-08
condition (g). Both uses are integrated into and support the recreational nature of the resort. The
proposal includes zuggestod development and zoning regulations that deviate from those found in
other zoning districts. The proposal is consistent with this policy.
Policv 24.6 - The rnaster 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 desigrred 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.
Policv 24.7 - The capital facilities, utilities and services, including those related to sewer, water,
stomr 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 sendce 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 resofl, and provided that the nature ofthe facilities and services provided are adequate to
meet the increased needs of the resor! based on the planned corrcentration of guests, structures
and other facility, utility and service dernands. Plan approval shall provide that facilities serving
the resort, which may be wban in nature, not be used to serve development outside tho resort
areas, except at appropriate rural densities, uscs, and intensities.
Staff Comment: the FSEIS fully considered and suggested rnitigation for transportation, water,
wasteurater, solid waste, stormwater, telecommunications and public services, and under
Ordinance No, 014128-08 condition (c), Memorandums of Understanding are required for all
public service providers to ensure that those infrastructure and services required by the resort, are
contained within the resort and fully paid for by the developer. No resort infrastmcture or
seryices are to be provided to areas outside the resort, with the exception of water serrrice to those
residerrtial uses under the Neighborhood Water Supply Program (Appendix F). The proposal is
consistent with this policy.
Policv 24.8 - MPRs should only be approved whon it can be demonstrated that, on-site and off-
site irnpacts to public services and infrastructure have been fully considered and mitigated.
Staff Cornment: the FSEIS fully considered and suggested mitigation for transportation, water,
wastewater, solid waste, stormwater, telecommunications and public services, and under
Ordinance No. 014128{8 condition (c), Mernorandums of Undcrstanding are required for all
public service providers to ensure that those ffiastructure and services required by the resort are
fully paid for by the developer, The proposal is consistent with this policy.
Policv 24.9 - The MPR shall comtain sufficient portions of the site in undeveloped open space for
buffering and recreational amenities to help preserve the natural and rural character ofthe area.
Where located in a rural area, the master planned resort should also be desigred to blend with the
natural setting and, to the maximum extent practical, screen the developrnent and its impacts from
the adjacent rural areas outside of the MPR designation
Staff Comment: Natural open space, pervious and impervious surface area calculations are
conlained in Table 2-3 (page 2-35) of the FSEIS (Exhibit D of this report). Alternative 3, the
Applicant's preferred altemative, preserves 103 acres of nahual undisttrbed open space frorn a
total site acreage of 231 acres - 45Yo or nearly half of the total site area. With the exception of the
Maritime Village Conrplex (which needed to be relocated from the Marina to along Highway
l0l), and those properties at higher elevations west of the resort, the resort shall be screened from
view with vegetation and site topography to the rnaxirmrm extent practical. The proposal is
consistent with this policy.
Es[sy2ll.lQ - The MPR nnrst be developed consistent with the County's development regulations
established for environrnentally seruitive areas and consistent with lawfully established vested
rights, and approved developrnent permits.
Staff Comment: The FSEIS ar.al,Tzd impacls consistent with current Critical Area regulatiorx
under JCC 18.22, ard shall be described in frrther 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 oocur, and
address vested, legal non-conforming rights and uses, as well as development pennit review and
approval for the resort. Proposed section JCC 17.60.040 of the developmant regulations allow
Title 15 @uilding code) and Title l8 (Unified Development Code) to supplement the proposed
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new development regulations for the resort, including ICC 78.22 Critical Areas. The proposal is
consisteot with this policy.
Policv 24.11 - Master planned resorts shall include existing or new Development Agreements, as
authorized by RCW 36.7013.170, to implernent these policies.
Staff Comrnent: The Development Agreement is a contract between the Courty and Developer
over the terrus and scope of developm€nt, and is also a requirement mder JCC 18.15.123(4). The
BoCC will hold a public hearing before the Development Agreement is signed. A draft of the
Developrnent Agreement is included in Exhibit E of this report. The proposal is consistent with
this policy.
Policv 24.12 - The County shall prepare developmant regulations to guide the review and
designation of master planned resorts that include, at a minimum, cornpliance with these policies.
Stsff Cornment: JCC Title 18 Article [V Master Planned Resorts - Special Provisions constitute
the developrnent regulations cited above, and shall be reviewed in detail in the Jefferson County
Unifred Developrne,nt Code setions below. The proposal is consistent with this policy.
Policv 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 Parlcs 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
marinc waters. The site is also within close proxirnity to access of the Olymrpic National Park and
adjacent National Forests. The proposal is consistent with this policy.
3. Jeflerson County Unilied Development Code: The proposal is subject to rqriew to determine
consistency with the Jefferson County Unified Development Code. The following code sections are
applicable to the proposal.
JCC I8.15.025 Master Planned Resort
Per RCW 36.70A.360, a new master planned resort means a self-contained and fully integrated
development with prirnary focus on resort destiration facilities that includes short-tern visitor
accommodalions associated with a range of indoor and outdoor recreational facilities within the
property bourdaries in a setting of sigrrificant natural amenities. A resort rnay include other
residential uses, but only if the residenlial uses are integrated into and support the on-site
recreational nafure of the resort.
Staff Comrnent: As described in the prior trvo review sections, the proposal is consistent with
this description as a land use district. The following is the applicant's proposed new zubsection
(2) to this section, to follow subsection (l) describing Port Ludlow as the fust Master Planner
Resort (MPR). Staff s suggested edits are indicaled by strike-through and tmderline:
(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 rutster planned resort and is subject to
the provisions of JCC Title 17,Artiqllll. The Pleasant Harbor MPR is characterized by a golf
course resort facility with associated residential uses south of Black Point Roa{-*nd a 300 slip
Mnmrina at Pleasant Harbor. I a aritime Village mixed use recreation center with er#
associated housing north of Black Point Road. The resort is pred€Bnn&t€ty-designed to serve
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rcsort and recreation uses and has only lirnited firll-time occupancy. The resort is ser*ed-loca:lgd
within 2 miles byof the Brinnon Rural Center, which accommodates LAMIRD-scale cornmercial
uses serving the resort and local population. The master planned resortfs internal regulations and
plarning restrictions such as codes, covemants and restrictions may be more restrictive than the
requirements in JCC Title 17. However, Jefferson County does not erforce private codes,
covenants and restrictions.
JCC Chaoter 18.15 Article fV. Master Planned Resorts - Snecial Provisions
JCC 18.15.115 * Desienation - "Master planned resort" (MPR) is a land use designation
established under the Cornprehensive Plan. The enly+xisting-officially desigrrated master planned
resortg in the county arefu the Port Ludlow MPR and the Pleasant Harbor MPR, provisions for
which are codified in JCC Title 17. The Port Ludlow MPR is 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 pertainine to new Master Planned Resofls. Designation of
any new master plarured resorts pursuant to RCW 36.70A.360 requires compliance with the
provisions of this article and a fomral 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. Ordinarrce No. 01412848 established the boundary and siting of
the resort through the site-specific Comprehensive Plan amendmont process.
JCC 18.15.120 Purpose and_intent - Jefferson County has a wide range of natural features,
including climate, vegetatiorq water, natural resources, scenic qualities, culfural, 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
enjoyrnent and recreational use, while bringing significant econornic diversification and benefits
to rural communities. The pupose of this article is to establish a master planned resorl 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 Conrment: The proposal is consistent with this purpose and intent.
JCC 18.15.123 Allowable Uses - The following uses rnay be allowed within a master planued
resort classification authorized in compliance with RCW 36.70A.360:(l) All residential uses including single-farnily and multifamily structures, condominiums,
tim+share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature ofthe master planned resort.(2) Short-term visitor accommodations, including, but not limitod to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-tqrn
visitor accommodations shall constitute no less than 65 percent of the total resort accommodation
urits.
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 couds, swimming pools, marinas, hiking and nature trails, bicycle
paths, equestrian facilities, sports complexes, and other recreational uses deeined to be consistent
with the on-site recreational nature of the master planned resort.
(4) Carnpgrounds 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) Rerreation-oriented businesses and facilities such as sporting goods and outdoor
equipment rental and sales.
(6) Cultural and educational facilities, including, but not lirnited to, interpretative ce,nters and
exhibits, indoor and outdoor theaters, and museums.
(7) Capital facilities, utilities and services to the extent necessary to rnaintain and operate the
master planned resort.
(8) Temporary and/or permanent struchxes to serve as sales offtces.
(9) Any other similar uses deemed by the administrator to be consistent with the purpose and
intent of this section, lhe Comprehe,nsive Plan policies regarding rraster plarured resorts, and
RCW 36.70A.360.
Staff Comment: The proposal is consistent with this section of the code. Proposed uses and
amenities me 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, rnay be established at a future date, or deemed
allowable by thc Administrator if they are consistent with the purpose and intent of this sectiorl
the Developrnent Agreement and Development Regulations.
JCC 18,15.126 Reouirements for Master Planned Resorts - fui applicant for an MPR proJect
must meet the following requirernents:
(l) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a frarnework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated to use
and enjoy, and the particular nafl:ral 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-tem visitor
accommodations, on-site outdoor and indoor ra.reational 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 densjties 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 rnap or maps that d€pict the completed MPR development, showing the full
extent and ultirnate development of the MPR or resort and its facilities and senrices, including
residential and nonresidential dwelopment tlrpes and location.
(e) A description, with supportive infomration and rnaps, of the design and functional
features that provide for a unified developrnent, superior site design and protection of natural
amenities, and which frrrther the goals and policies of the Comprehensive Plan. This shall address
how landscaping, screening, and open space, r@reational facilities, road and parking design,
capital facilities, and other components are integrated into the project site.
(0 A description of the environmentally sersitive areas of the project and the roeasures that
will be ernployed for their protection. For an MPR adjacart to the water and subject to the
jurisdiction of the Shoreline Managernent 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 rolates to surrounding properties, and how its design and
arrangement minirnize adverse impacts and promote cornpatibility among land uses within the
development and adjacent to the development.
(h) A demonsffation that sufficiant facilities and service which may be necessary,
appropriate, or desirable for the support of the dwelopment will be available, and that
concrurency requirements of the Comprehensive Plan will be met.
(D A description of the intended phasing of development of the project, if any. The initial
application for an MPR shall provide sufficient detail for the phases such that the firll intended
scope and intensity of the development can be evaluated. This shall also discuss how the project
will firnclion at interirn stages prior to completion of all phases of the project, and how the project
rnay operate successfully and meet its environmental protection, concurrency, and other
commitrnents should developrnent cease before all phases are completed.
Staff Cornrnent: In substance, the FSEIS, Development Agreement, Zoning and Development
Regulations constitute the "master plar1" under this section. However, a County drafted'Mastsr
Plan for the Pleasant Harbor Marina and Golf Resort," meeting required elernents of this section,
as well as permitting processing tools such as mitigation checklists and other documents to guide
funre pemrit review, shall be prepared and included as Exhibit F of this report prior to final
adoption of the Development Agreernort and Amendrnent to the UDC.
(2) Development Agreement. A master planned resort shall require approval of a
development agreemeart as authorized by Article XI of Chapter 18.,+0 JCC @evelopme,nt
Agreements), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40.830(3) and
RCW 36.708.170, the developme,nt agreements shall be prepared by the applicant and must set
forth the development standards applicable to the dwelopment of a spmific master planned
resort, which rnay include, but are not limited to:
(a) Pennitted uses, densities and intensities of uses, and building sizes;
(b) Phasing of developme,nt, if requested by the applicant;
(c) Procedures for review of site-specific development plans;
(d) hovisions for required open spaoe, public access to shorelines (if applicable), visitor-
oriented accommodations, short-term visitor accornmodations, on-site recreational facilities, and
on-site retaiUcommercial services;
(e) Mitigation measures imposed pursuant to the State Envirorunental Policy Act, Chapter
43.21C RCW, and otherdEvelopment conditions; and
(0 OthEr developrnmt standards including those identified in JCC 18.40.840 and RCW
36.708. r 70(3).
StaffCourment: A draft Development Agreernent meeting the required elements of this section is
attached to this report in Exhibit E of this report.
(3) Formal Site-Specitrc Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a mastsr planned
resort land use designation, pursuant to the requirgmsnts of JCC 18.45.040; provided, thal the
subarea planning process authorized rurder Article VII of Chapter 1 8. l5 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Cornprehensive PIan amendment or subarea plan may be processed by the county concurrent with
the rwiew of the resort master plan and dwelopment agreement required for ap'proval of a master
planned resort.
Staff Comment: Ordinance No. 0l-0128-08 established the borurdary and siting of the resort
through the formal site-specific Comprehensive Plan aursndment process.
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(4) Planned Aclions. If deemed appropriate by the applicant and the county, a master planned
resort project may be desipated by the county as a planned action pursuant to the provisions of
RCW 43.21C.031 and WAC 197-l l-164 and 197-1 1-168.
StaffComment: the proposal is not a Planned Action.
(5) Self-Contained Development. All necessary zupportive and accessory on-site urban-Ievel
cornmercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to senre the MPR. New urban or suburban dwelopment and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.110.
Staff Comment: AII supportive cornmercial 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 tbe resort. No new urban or suburban (subdivision) developments shall be
allowed outside theboundaries of the MPR.
JCC 18.15.135 - Criteria for Anorovnl
An application to develop any parcel or parcels of land as an MPR may be approved, or approved
with modifications, if it rneets all of the criteria below. If no reasonable conditions or
rnodifications can be irposed to ensure that the application rnegts these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirerrents of this article and Article VI-D of this
chapter (Environmentally Sensitive Areas Dstrict (ESA).
Stpff 9omment: The FSEIS technical reports analyzed the proposal rurder cu:rent ESA
regulations under the County's Critical Area Ordinance - JCC Chapter 18.22, specifically
for a Habitat Management (PIan), Geologically Hazardous Areas, and Walands. Thc
FSEIS concluded that the proposal would not result in significant adverse environmsntal
impacts, and would comply with JCC 18.22 with the Geologically Hazardous Areas, Fish
& Wildlife Conservation Areas, and Wetlands. Also, Critical Aquifer Recharge and
Saltwats Intrusion Protection Zones were analyzed by the Department of Ecology use
State protection standard, but those standards are consisteat with standards rurder JCC
t8.22.
(2)The MPR is consistent with the goals and policies of the Comprehensive Plan, the
requirements of lhe Shoreline Master P*grurn, and complies with all other applicable
sections ofthis code and all other codes and policies ofthe county.
Staff Comment: As stated above in tbe applicable sections of this report, the pro,posal
complies with this criterion. No new resort dwelopment shall take place within the
Shoreline j urisdiction.
(3)If an MPR will be phased, each phase contains adequate infrastructure, opffi space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand
alone if no zubsequant phases are developed,
StaffComrnent: As detailed in the Master Plan requirement rurder JCC 18.I5.126(lxi),
the proposal is consistent with this criterion.
The MPR will provide active recreational uses, adequate open space, and sufficient
services such as transportation access, public safety, and social and health services, to
adequately meet the needs of the guests and residents of the MPR.
(4)
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(7)
(8)
Staff Comment: The list of available resort and reffeational amenities; the increase in
undisturbed opsn space betwesn Altematives I and 3; the proposed infrastructure
improveure,nts to Black Point Road, the DNR boat ramp, shuttle sen/ice to and from the
resort and SeaTac Airport, and between the golf and marina side; and the MOUs for
public service; all dErnonstrate compliance with this criterion.
(5)The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and ottrer services, and such services shall be oriented to
serve the MPR.
StaffComment: As state in the FSEIS and Master Plan, the proposal complies with this
criterion.
(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
feahres, historic sites, and public views.
Staff Comment: As described in the Master Plar as reguired under JCC 18.15.126(l)(e),
the proposal complies with this criterion.
All on-site and off-site infrastructrue and service impacts have been frrlly considered and
mitigated.
Staff Corffnent: 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 stmounding 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 walers of Hood Canal. Also, the Stormwater Systern is
designed to prwe,nt any discharge into Hood Canal per Ordinance condition (q). Siting
of buildings and recreational activities were designed to be buffered from adjacent
properties.
(e)The master plan establishes location-specific standards to retain and enhance the
characts ofthe resort.
Staff Commelt: the master plan contains zoning and development standards specific to
each zone in order to rnaintain the specifc character ofeach zone, such as golfcourse,
marina and mixed use recreational (Maritime Village) as different aspects of the overall
resort.
(10) The land proposed for a rraster plarured resort is better suited and has more long'term
irnportance for the MPR than for the comrnercial harvesting of timbsr or production of
agricultural products, and the MPR will not adversely affect adjacent agricultural or
forest resource land production. [Ord. 846 $ l]
Staff Comment: Ordinance No. 01-0I28-08 contained findings p€r the RCW that satisff
this criterion.
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JCC 18.15.138 - Pe+t{,uds* Master Planned Resort.
Tbe Pe,**udle+r, Master Planned Resort Code (JCC Title l7), as may be amended to be
consistent with the provisions of this UDC, is hereby adopted by reference and made a part of this
UDC.
StaffComment: the strikethrouCh 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
(l) Applications for a golf course musl be accompanied by a desip plan and best managernent
practices plan. The desigrr plan shall minimize the use of pesticides, heiticides, fertilizers, and
groundwater by the type and placanant of appropriate vegetative materials and other means. The
use of pesticides, herbicides, or fertilizers thal are kmown to leach into groundwater are
prohibited. The design plan shall also demonstrate that an adequate water zupply shall be
provided without diminishing the level of service for systern users or others dependent upon t}re
resource. The best managerrent practices plan shall include monitoring procedures and an
integrated managernent plan. Once approved by the cormty, the management plan shall be a
condition of project approval and failure to corrply with the approved plan shall be grounds for
revocation of the permit.
Staff Comment: The Applicant subrnitted a Golf Course Developrnent and Operation Best
Management Practices Plan as part of the SEIS, which shall be incorporated into a design plan
that shall be required as a condition of approval for furthsr development and submitted for review
and approval at time of storrnwater management permit application to grade and develop the golf
cours€ under Phase 2 ofthe 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
goHers at a golf course. Accessory uses may include parking, rnaintenance facilities, cart storage
and repair, clubhouse, restrooms, lockers and showers, food or beverage service, pro shop, and
practice or driving range, swimming pools, te,r:nis courts, weight rooms, or similar uses oriented
to persons other than golfcourse 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 of5,000 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 tlre Golf Resort zone (MPR-GR) of the development
regulations (t 7,65) for the resort.
(a) No occupied building accessory to a golf course shall be located within 100 feet of any
property line.
Staff Comment: Since the golf 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
regrlations (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
poperty. [Ord.846 $ 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 developmemt
regulations (17.65) for the resort.
JCC Chapter 18.40 Article XI - Develonment Asreements
18.40.E20 Purpgtg.
This article establishes the mechanism under which Jefferson County may enter into development
agreements as authorized by RCW 36.708.170. A decision to enter inlo a development agrec,urent
shall be rnade on a casc-by-case basis. A developrnent agreement rnay be appropriate for large,
cornplex or phased projects, or projects which were not contemplated by existing developmant
regulations or existing application procedures. [Ord. 8-06 $ I ]
18.40.830 General requirements.
(l) Discretion to Enter Developmort Agreement. A development agreem€nt 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 witJr JCC 18.15.605.
Staff Cornment: The applicant has submitted a draft Developmenl Agreement as part of their
Type V application for a Master Planned Resort. That draft is provided in Appendix S of the
FSEIS and in Exhibit E of this report.
(2) Who May Enter. The property owner(s) and the county shall be parties to a development
agreernent; provided, that if a proposed development is within an adopted municipal UGA, the
applicable town or city shall also be a party to the agreernent. The following may be considered
for inclusion as additional parties in a developmsnt agrceurent: contract puchasers, lenders, thLd-
party beneficiaries and utility service providers.
StaffComrneflt: the application is consistent with this requirernent.
(3) Content of Developrnont Agreemorts. 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 rnitigation of the property subject to the agreement.
StaffComrnent: the application is consistent with this requirement.
( ) When Development Agreements May Be Approved. A development agreerne,nt rny be
entered into prior to, concu:ent with or following approval of project permits for development of
the property.
Slaff 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 Dwelopmenl Code. The development standards and conditions set
forth in a development agreerne,nt shall be consistent with the applicable dwelopment regulations
set forth in the Unified Dwelopment Code, except in the case of a master planned resort (which
requires a site-specific Corrprehensive Plan amendment), where ado,pted standards may be
modified by the developrnent standards contained in t}re agreement, so long as all project impacts
have been adequately mitigated. However, the minimum requirernents related to the protection of
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envirorunentally 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]
StaffComment: development standards as proposed are consistent with Title 17 Aaicle I Port
Ludlow MPR, and as a Master Plarmed Resort. Mitigation measures listed in the FSEIS shall be
required as part of the dwelopment agreoment, and proposed section 17.60.040 Additional
Requirements of the development regulations ensures that environmentally sensitive areas rmdet
JCC 18.22 would apply to any resort development.
It.40,t40 Development standards to be addressed.
(1) A development agre€rnent shall include, but need not be limited to, one or more of any of thc
following tlpes of development controls and conditions:
(a) Prqect elements such as perrnitted uses, residsntial and noruesidential densities, scale and
intensity ofuses and/or building sizes;
Staff Comment: these standards are addressed in the development regulalions Title 17 Article II
as adopted under Section 3 Development Standards of the proposed development agreerncnt.
O) Mitigation measures, dwelopment conditions and other requirements ptrsuant to
e,nvironmental review under Chapter 43.27C RCW;
Staff Comment: Section 4 of the proposed develo,pment agreement addresses mitigation
rneasures.
(c) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping and other development featwes;
Staff Comment; these standards are addressed in Section 3 of rhe proposed development
agreement.
(d) Roads, wat€r, scwer, storrn drainage and other infrastnrcnre requiranents;
Staff Commerrt: these standards are addressed in Section 3 of fie proposed development
agreemealt.
(e) Affordable housing;
$.Laff Cornr-nent: addressed in tle revised MOU for housing attached as Exhibit G of this report.
(f) Recreational uses and open space preservation;
Staff Comment: addressed in Section 4 of the proposed development agreement and in the
Master Plan for the resort as a condition of approval for the developrnent agreement.
(g) Phasing;
Staff Comment: addressed in Section 5 of the development agre€rnent.
(h) Development review procedures, processes and standards for implementing decisions,
including methods of reirnbursement to the county for review processes;
StaffCommerrt: addressed in Section 4 of the proposed development agreemcnt.
(i) Other appropriate development requirements or procedures.
StaffComrnent: addressed in Section 3 & 4 of the proposed developrnent agreement.
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(2) A development agreemsnt may obligate a party to fund or proyide seryices, infrastructure, or
other facilities. Project applicants and govemrnsntal entities may include provisions and
agreements whereby applicants are reimbursed over time for financing public facilities.
StaffComments: not included as part of the proposed dwelopment agreement.
(3) Development agreernents shall:
(a) Establish a process for amending the agreemenU
Staff Comment: addressed in Section 6.6 of the DA.
(b) Speci$ a termination date upon which the agreernent expires;
StaffComment: addressed in Section I 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 heahh and safety. [Od. 8-06 $ l]
Staff Cornment: addressed in section 4.3.1 of the DA.
18.40.E50 Procedures.
(l) A development agreemeirt shall be initiated by a written request from the property owner to
the adminishator of the deparEnent of community development. The request should describe the
project and the specific reasons why the project is suitable for a development agresmert. The
request should identify the development standards set forth in JCC 18.40.840 that the applicant is
requesting to be included in the development agreernent and any other reasonable information
requested by the couily.
Staff Comrpgnt: the application (MI-A.08{0188) submitted April 16, 2008 satisfies this
requirement.
(2) If the admioistrator determines in his or her discretion that a development agreernent should
be considered by the county, the property owner shall be so inforsred, except that dwelopment
agreements shall be required for the approval of rnaster planned resorts in accordance with JCC
18.15.126 and for the approval of major industrial developments in accordance with JCC
18. r5.605.
StaffComr4ent: The DA was required as part of the application to implernent a rnastff planned
resort as approved under ffiinance No. 01-012848.
(3) Wben a development agreemeot is being considered prior to project permit approvals, the
property our'ner shall provide the county with the same inforrnation that would be required for a
complete application for such project pennits in order for the couDty to deterrnine lhe
developmeot standards and conditions to be included in the development agresment.
StaffCommenl: MLA08-00188 included a request to amend the UDC to adopt new standards for
dwelopment under proposed Title 17 Article II.
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(4) When a development agreernsnt 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 agreernent without modifi cation.
Staff Comment: not aprplicable sirrce the DA is required prior to project permits.
(5) The county shall only approye a dwelopment agreement by ordinance or resolution after a
public hearing. The board of county commissioners may, in its sole discretiory approve the
developmant agresrnent. If the development agreerrent relates to a project permit application, the
provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development
agree0rent.
StaffComment: the BoCC shall schedule and conduct a public hearing prior to approval of the
DA. RCW 36.70C does not apply siace an appeal of the DA would be heard by the Crrowlh
Managernant Hearings Board per JCC 18.40.050 Table 8-2 Action Types - Process note 2.
(6) AD approved and fully executed development agreement shall be recorded with the county
auditor. [Od 8-06 $ l]
Staff Comment: addressed as a recommended condition of approval.
1E.40.869 Pfect.(l) A development agreement is binding on the parties and thsir successors, inctuding a city that
assumes jurisdistion ttrough incorporation or annexation of l]re area covering the property subject
to the development agreern€nt.
Stalf Comme.nt: addressed in Section 6.2 of theDA.
(2) A development agreement shall be enforceable during its term by a party to the agreement.
StaffComment: addressed in Section 6.11 & 6.12 of the DA.
(3) A dwelopment agreement shall govern during the terrn of the agrecment all or that part of the
developmcrrt specified in the agreement and may not, unless otherwise agreed to in the
development agreffnent, be subject to an amendment to a local government land use ordinance or
developmant standard or regulation or a nEw local government land use ordinance or
developmant standard or regulation adopted after the effoctive date of the agreement.
StaffComment: addressed in Seclion 4.3 of th€ DA.
(4) Permits issued by the county after the execution of the development agreement shall be
consistent with the agreernent.
StaffComruqg!: addressed in Section 4.1 of the DA.
(5) Nothing in RCW 36.708.170 Orough 36.708.200 and Section 501, Chapter 374, Laws of
1995, or this chapter is intended to authorize the courrty 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. 846 $ U
JCC 18.45.080 - Final Docket - Plannine Commission and Board of Countv Qgpmi"ssions
review
The following code is applicable only to the process to arnendrnent the zoning and development
regulations under the next section, JCC 18.45.090, and shall be addressed during lhe Planning
Commission and Board of County Cornmissioner's formal review and recommendation under
that section:
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(l)(b) Required Findings - Generally. For all proposed arnendments, the planning commission
shall dcvelop findings and conclusions and a recorlmendation which consider the growth
marngerrent indicators set forth in JCC 18.45.050(4)(b)(i) ttrough (4xbxvii), 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 Comm€nt: the applicant submitted the following suggested text as part of their application
MLA0840188 in response to this requirernent for a finding:
"The proposal is a UDC amendment and amendments to Title 17 and 18 Jefferson Courty 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 amendmenl approved by the Board of County Commissioners, and
(2) dwelop and adopt implementing regulations and development agreement before any
development could occur. Step I was completed with the adoption of Ordinance 0l-0128-08.
This application is 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 implernenting regulations or
development agreEment are presently available to judge any funre development."
(ii) Whether the aszumptions upon which the Jefferson County Comprehensive Plan is based are
no longer valid, or whether new information is available which was not considered during the
adoption process or any annual amendmenls of the Jefferson Cotmty Comprehensive Plan; and
StaffComment: the applicant subrnitted the following suggested text as part of their application
MLA08-00188 in response 1o this requirernent for a finding:
"As with item one, this question is also answered by the comment that the proposed regrrlations
are developed as part of the two-st€p approval process outlined by Staff and approved by the
Board. The proposals before the County in this application serve to implement the conditions and
requirernents of the Master Planned Resort approved in Ordinance No. 01412848."
(iii) Whethu the proposed amendment reflects curreft widely held values of the residents of
Jefferson County,
StaffComment: the applicant submitted the following suggested text as part of their application
MLA08-00188 in response to this requirernent for a finding:
"On January 28, 2008, the Jefferson County Board of County Commissioners unanimously
adopted Ordinance No. 0l-0128-08 approving the amendment of the Jefferson County
Comprehensive Plan map to enable the Pleasant Harbor Master Planned Resort at Brinnon as
depicted in Chapter I of the FEIS. Thc Comprehcnsive Plan adoption speaks to the public interest
and values of the residents of Jefferson County. The development regulations and developmerrt
agreement provide the specific means by which that interest may be accornplished."
JCC 18..45.090 - Amendments to GMA implementine resulations
(l) 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 amendrnent is consistent with the Jefferson County Cornprehensive Plan and Land
Use Map. When inconsistent with the Corrprehensive Plan and Land Use Map, the arnendment
shall be processed concurent wilh any necessary plan amendmcnts using the process and
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limelines for plan amendments set forth in this chapter. "Implernenting regulations" means the
controls placed on development or land use activities by the county, including but not lirnited to,
lhis Unified Development Code, the Jefferson County Shoreline Master Program, or any other
official conffols required to implernent the plan (see RCW 36.70A.030), Proposed amendments,
changes, or modifications may be initiated as follows:
(a) When consistent with the plaq at any time at the direction of the board of county
commissioners or by the plaruring comrnission pursuant to RCW 36.70.550;
(b) When inconsistent with the plan, under the process and time lines for Comprehersive Plan
amendments by any interested person corsistent with this chapter; or
(c) Immediately following or concurreil with an amendment or amerdments to the Jefferson
County Comprehensive Plan, the implernenting regulatioru shall be amended to be consistent
with the plan and Land Use Map.
Staff pomment: this subsection applies since MLA08{0188 was subrnitted to the County
following approval of the amendment to the Cornprehaxive PIan to designated the Pleasant
Harbor Master Planned Resort urder Ordinance No. 01-012848.
(2) Notice.
(a) Proposed amendments to the implernanting regulations pursuant to subsection (l) of this
section which must be processed concurrently with an amendrnent to the Comprehensive Plan
and Land Use Map shall be processed and noticed in the same rranner as plan amendrnents
consistent with this chapter.
StaffC.ommenl: not applicable since the proposed amendment to the implementing regulations is
being processed separately from the Comprehcnsive Plan arnendment.
(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 grven by one publication in the official
newspaper of the county at least l0 days prior to the date of the hearing and by posting a copy of
the notice of hearing in the Jefferson County Courthouse.
Staff Comment: notice of thc Plarming Commission public hearing on January 6, 2016 lo
consider the proposed amendment to the implerne,nting regulations was published in the official
newspaper and posted in the County Courthouse on Decernber 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 reirnburse the County for all expenses
related to noticing andmailing.
(3) Planning Commission Rwiew. The planning commission sball hold a public hearing on any
amendment(s) to the implementing regulations and shall make a recomrnendation to the board of
comty corrrnissioners using the site-specific ffit€ria set forth in JCC 18.45.080(l)(b) and (lXc),
as applicable.
Staff Comment: the Planning Commission public hearing was scheduled for January 6,2016 al
the Brhuron 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 Foject 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 cornmissioners shall consider
the proposed amendnrents at a regularly scheduled meeting.
Staff Comment: Staff shall place the proposed amendments on the BoCC agenda lo present the
findings and recomrnendation of the Plaruring Commission as soon as feasible after the
recommendation i s made.
(a) If after applying the criteria set forth in JCC 18.45.080(l)(b) and (lXc), as applicable, the
board of county commissioners concludes that no change in the recommendation of the planning
comrnission is necessary, the bomd may make a final determination on the proposed
amendment(s) and adopt the amendments as recommendedby the planning commission.
Staff Comment: Staff shall have prepared an ordinance to adopt the proposed amendments
should the BoCC accept the Planning Commission recomrnendation.
(b) If after applyng 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 plaruring
commission is necessary, the change sball not be incorporated until the board conducts its own
public hearing using the procedr:res set forth rurder JCC 18.40.310. The hearing shall be noticed
by one publication in the official newspaper of the county at least l0 days prior to the date of the
hearing, and by posting corpies of the notice of hearing in the Jefferson County Courthouse. The
notice and public hearing for proposed amendmsnts to implernenting regulations may be
combined with any notice or public hearing for proposed arnendments to the Comprehensive Plan
or for other actions of the board of county commissioners.
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 amcnd the development regulations should
they determine a change to the Planning Comrnission recommendation is nec€Bsary.
(5) Transmittal to State. The administrator shall transmit a copy of any proposed amendrnent(s) to
the implernenting regulations at least 60 days prior to the expected date of final action by the
board of county commissioners, as consistent with Chapter 36.70,4' RCW. The administrator shall
transmit a copy of any adopted amendmeirt(s) to the implementing regulations to OCD (State
Office of Community Development - now the Departrnent of Commerce) within 10 days after
adoption by the board.
Staff Comment: Staff transmitted a copy of the proposed amendments to the Department of
Comrnerce on December 10, 2015. No final action by the BoCC ruy, nor is it anticipated that it
will, take place before February 10, 201 6 - sixry days from the date of transmittal to the State.
(6) Appeals. All appeals to the adoption of any amendment(s) to the implernenting regrlations
shall be frled with and processed by the Westem Washington Growth Management Hearings
Board in accordance with the provisions of Chapter 36.704 RCW. [Ord. 2a6 $ 1]
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STAIT RECOMMENDATION:
Based on the preceding findings and conclusions, staff recommends thal the proposal is consistsnt with
the applicable codes, ordinances and statues, and that it satisfies all relevant review criteria. Approval of
the proposed arnendments to Title l7 and 18 of the Jefferson County Code and Development Agrecrnent
between the Pleasant Harbor Marina and Golf Resort LLC should be granted subject to the following
conditiors.
CONDITIONS
l. Adopt FSEIS Alternative #3 as the 'lreferred alternative" or "proposed action" under SEPA
wAC le7-11440(s).
2. The proposed amendments to Title 17 and l8 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 dwelopment agreemont include and adopt the "Master Plan for the Pleasant Harbor Master
Planned Resort," as required rurder JCC 18.15.126(l ), which shall include required mitigation
measurcs and developrneot review checklists for use by Staff and the Applicant to ensure proper
design, review and approval ofsubsequent phases ofresort development.
4. An approved and fully executed development agreerlent shall be recorded with the Jefferson
Cor-rrty Auditor at the Applicant's expense.
5. Explore the feasibility of creating a "revenue development area" (RDA) within the Brirmon
LAMIRD (Locd Area of More Intense Rural Development) through the State's Local
Infrastrucn:re Financing Tool (LIFI) to set aside a portion of the property and sales tax revenue
ge,nerated by the resort to be used on infrastructure improvernent projects that will benefit the
Brinnon cornmunity, such as renovating the Cornmunity 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 Corrrlrnity Development
EXHIBIT Acc:,
rfarfo6
STATE OF WASHINGTON
County of Jefferson
AN ORDINAI\ICE APPROVING ONE
COMPREHENSI\{E PLAIY AMENDMENT,
FILE NUMBER
MLA0687 ISTATESMANI
OrdinanceNo. 01-0128-08l
l
)
I
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 ame,ndments tothe County's Comprehensive Plan originally
adopted by Resolution No. 72-98 on August 28, l99E and as subsequently amended, and;
WIIEREAS, 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, MLA0G87
[Statesman], which was approved unanimously by the Board; and
WHEREAS, an adopting Ordinance is required to formalize the Board's legislative
decision with respect to MLA06-87, and;
WI{EREAS, the Board makes the following Findings of Fact and Conolusions with
respect to the 2007 Comprehensive Plan Amendment Cycle and the arnendment contained herein:
l. The County adopted its Comprehensive Plan in August 1998 and its development
regulations or Unified Development Code (UDC), Title l8 in the lefferson 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 Tifle l8 in the JCC.
I
sE" ?
&?.o)
3. The amendrnent process for the CP must be available to the citizens of this County
[including corporations and other business entities] on a regular basis. In accordancc with
RCW 36.704.130, CP amendments can generally be considered'ho more frequently than
once per ycar."
4. This particular amendrnent "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 [, 2006, and carried over to the 2ffi? cycle in
Decernber 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 thc 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 4,2A07 to provide an opportunity for the site-specific CP amendment applicants
to rrake 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, recourmending that all twelve original CP amendment applications bs
placed on the Final Docket.
10. The Department of Community Development (DCD) issued a Review of Prelirninary
Docket on May 7,2007, analyzing the proposals on the Preliminary Docket and offering
the follo\ring recommendation: Ont two of the three suggested amendments be eliminated
from the Final Docket due to limitations on staffresources.
I l. The Board established the Final Docket on May 14,2007 as nine site-specific amendments
plus one suggested amendrnent.
12. The Department of Community Development (DCD) issued an integrated StaffReport and
State Environmcntal Policy Act (SEPA) Addcndum on September 5,2007, analyzing the
proposals on the Final Docket and offering preliminary recornmendations 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 Irnpact Statement was published on this date pertaining to the site-specific
application analyzed in this ordinance, MLA06-87 (Statesman), with an associated aS-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) arnendments comprising the
2007 CP cycle, see OrdinanceNo.02-0L28-08
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-rcspoosible official that the
proposed amendment, MLA06-87, warranted a threshold "Determination of Significincerr
(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 wasi 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 amendmsnt was taken
during the public hearing, and wriuen 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 reconrmendations on November 20,
2007.
18. The above statements indicate that the proposed CP amend.rnent was and is the subject of
"early and continuous" public participation as is required by GMA.
19. The Planning Commission rccomrnendations were transmitted to the Board through formal
mcmoranda dated November 28,2007, and are part of the record for the legislative
decision.
3
20.
2l
22
23
24.
25.
27,
28.
26.
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.
The FEIS and addendum associated with this proposal were published on Novcmba 27,
2007. Initial scoping identified probable significant adverse impacts. Public comments
elaborated on those concerns, and the final EIS included staffresponses 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.
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.
The Board held a duly-noticed public hearing on December 3,2007 and continued this
public hcaring on December 6,2A07, closing the public comment period on December 7,
2A07. Ths Board did consider all public eomments received.
The final DCD staffrecomrnendation 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,
The frnalDCD staffrecornmendation did not match the Planning Commission
recommendation for approval, having different proposed modifications attached.
On December 10, 2007,the Board signed Resolution No. I 13-07 ortending the timefiame
for the legislative decision on the proposed amendment to January 14, 2008.
All procedural and substantive requirements of the GMA have been satisfied.
The Board of County Commissioners deliberated and decided to approve the Statesman
proposal on January 14, 2008.
DCD staffpresented to the Board a l4-step process for decision-making. Step l: It was
moved and seconded'1o approve the Statesman proposal as revised with conditions, and to
amend the Jefferson County Comprehensive Plan on pages 3-23 and345.
29
4
Step 2: The Comprehensive Plan land use map designations on page 3-45 for this area
would be changed to reflect a Master PlannedResort as outlined in the Novernber 27,2007
Final Environrnental Impact Statement on page l-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 growttr management indicators.
31. Step 4: The Board entered an affirmative statement that consistency withthe Growth
Management Act, specifically RCW 36-70A.360(l) through (4), is achieved, as each of the
pertinent criteria are met by this proposal.
32. With respect to RCW 36.70A.360(l), the Board hereby enters an affirmative staternent that
the proposed Master Planned Resort would be a "self-contained and fully integrated
planned unit development, in a sening of significant natural amenities with primary focus
on destination resort facilities consisting of short-tenn visitor accommodations-"
33. With respect to RCW 36.704.360(4) the Board hereby enters an affrmative staternentthat
its CP alrcady includes policies to guide the development of new MP& the CP and the
related development regulatiolu serve to preclude urban or suburban land uses in the
vicinity of the MP& the land at the site in question is better suited for an MPR than for the
commercial hawesting of timber or agricultural production, the MPR plan is and will be
consistent with all GlvlA-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 dwelopment agreement,
internal zoning map and internal zoning code, then through plat and permit review and
possible issuance of permits and, with all the prior items accomplished, finally with the
issuance of building permits.
:
14. Step 5: The Board entered an affirrnative statement that consistency with the Jefferson
County Comprchensive Plan, specifically Land Use Policies 24.1-24.13, has been achieved
by the applicant, as each of the pertinent oriteria are met by this proposal. By way of
example only, the Board's affirmative finding that the site of the proposed MPR is better
suited to become an MPR than it is to be thc site of a commercial timber harvest serves to
satisfo 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 affrmative statement that consistency with the Brinnon Sub.
Area Plan, adopted on May 1,2002, specifically Ooals 1.0 and Policies l.l-1.3, is
achiwed, 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
PIan amendment application was under consideration, aud that the development agreement
and zoning code guiding lrlPR projects will come before it in a subsequent process after
the adoption of this CP amendment. A subsequent development agreemant and zoning
code shall be consistent with this CP amendrnent. This criterion applies to each ofthe
following code references contained within Stcp 7.
37 . With respect to JCC 18.1 5.025 and JCC 18.15. I 15 on land use districts, the Board
concluded that new zoning code language will be developed at a later phase, describing a
second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR
currently designated under the CP.
3E. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on
purpose and intent, and consistency with RCW 36.704.360. 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 I8.15.129 are applicable to this proposal,
pertaining to the nature of the application as a Type V legislative process, and include a
draft rnaster plan (summarized in the FEIS), a site-specific CP amendment, and require a
development agreement at a later phase in the process.
41. The Board affirmed that decision-making authority is granted to the Board under JCC
18.15.132, after ensuring the veracity of the plaming commission process, and after
reviewing its recommendations. A development agreement and zoning code will be
developed in a subsequent phase.
6
42
43.
44.
45.
47
48.
49.
46
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 agreernent and zoning code,
consistent with this approval of the CP amendment.
The Board deterrnined that 18.15.138 shall be amended at a later date to include revisions
and/or additions to Title 17, tn order to establish a zoning code for the Brinnon MPR. This
shall be accomplished through a Type V legislative process.
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 recomrnendations 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.
Steps 9-I4: 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(4Xb) (i) through (vii, and b) items (i) through (iii) in JCC Section
18.45.030(tXb), have been met. Findings and growth management indicators are further
explained below.
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.
Further conditions of approval are identified in itern # 63 Oelow). The Board directed
staffto prepare this ordinance, provide for legal review, and prepare a record identifying
all components of this CP application process.
Further, the Board voted unanimously to amend the CP.
JCC Section 18,45.080(lXc), which contains eight criteria from which the Board rnust
generate findings, is applicable only to site-specific Comprehensive Plan amendments.
Inquiry into the growth management indicators referenced above was begun for the 2007
Docket through the DCD integrated StaffReport and SEPA Addendum of Septernber 5,
2007. The Board's findings and conclusions with rcspect to the growth management
50.
7
indicaton 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(4XbXi), 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 couty has slowed in the
last two to four years, and is slower than projected.
52. With respect to JCC Section 18.45.050(4xbxii), which asks whether the capacrty of the
County to provide adequate services has diminished or increased, the Bord 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(4xbxiii), 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 rcspect to JCC Section 18.45.050(a)@)(iv), which asks if any of the assumptions on
which the initial CP was based have become invalid, the Board concludw that the
assumptions upon which the CP is based have generally not changed.
55. With respect to JCC Section 18.45.050(4XbXv), 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 geirerally changed since this CP amendmsnt 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 intothe
County's CP on May l, 2002, and that there have not been ary overarching or coutywide
changes in circumstances that would dictate or require a shift in the policies reflccted in
the CP with respect to MPR designations.
57. With respect to JCC Section 18.45.050(a)@)(vii), which asks if inconsistencies have arisen
between the CP, the GIvIA and the Countywide Planning Policies, the Board concludes that
these amendments do not reflect any such inconsist,ency, since a variety of rural residential
densities is maintained even after adoption of this CP amendment.
8
58. Purcuant to JCC Sections 18.45,080(2Xc) and 18.45.080(lxb), the Board finds that:
(l) Circumstances related to the proposed amendment and/or the area in which it is
located have not substantiatly changed since the adoption of the Jefferson County
Cornprehensive PIao.
@ The assumptions upon which the Jefferson County Comprehcnsivc 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(lxb), in order to
recommend approval of a forrnal site-specific proposal to arnend ttre Comprehensive Plan,
the Board must also make eight (8) findings as specified in Section 18.45.080(lXcXi)
through (viii).
60. Pursuant to JCC Section 18.45.080(l)(c), the Board enters the following findings:
(i) The proposed site-specific amendment meets concrurency requirements for
transportation and does not adversely affect adopted level of service standards for other
public facilities and services (e.9., sheriff, fire, and emergency medical seruices, parks,
fire flow, and general govemmental services).
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan.
(iii) The proposed site-specific amendment will not result in probable significant
adverse impacts to the county's transportation network, capital facilities, utilities,
parks, and environmental features that cannot be mitigated, and will not place
uncompensated burdens upon existing or planned service capabilities.
(iv) The subject parcel is physically suitable for the requested land use designation and
the anticipated tand 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.
I
(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 affectthe 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 RC\trD, 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 adistinct statutory provision within the GMA.
They are not Rural Lands, and thus are not Limited Areas of More Intensive Rural
Development (LAMIRDs). Instead, RCW 36.704.360 provides that new MPRS "...may
constitute urban growth outside of urban growth areas as limited by this section."
6?. MLA06-87 is submitted by Statesman Group of Companies, LTD. The apptication is for
a Master Planned Resort (t"fR) designation. (Sec Exhibit A for the complete legal
description and Exhibit B for a map.)
63. In consideration of the public interest, and pursuant to the authority that is granted the
County legislative authority under SEPA by RCW 43.21C.060, WAC 197-l l-660 and
Jefferson County Code 18.40.770, the Board snters certain of the following conditions for
approval ofthe 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, $ I I of the State
Constitution and RCW 36.32.120(7)], particularly conditions d, o, i B, v, & & and bb:
a) Any analysis of environmental impacts is to be based on science and data pertinent to
the Brinnon site. This includes rainfall projections, runoffprojections, and potential
impacts on Hood Canal.
t0
b) All applications will be 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 rninor constnrction.
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 ofthe development
agreement. Such agreements will be encouraged specifically between the developer
and the Pleasant Tides Yacht Club, and with the SIip 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
employrnenf and will prefer local applicants provided they are qualified, available, and
competitive in terrns of pricing.
D Statesman will prioritize the sourcing of construction rnaterials fiom within lefferson
County.
e) The developer shall commission a study of the number ofjobs expected to be created
as a direct or indirect result of the MPR that eam 807o 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 ofjobs created that earn 80% or less of the Brinnon area
AMI. The developer may satisff this condition through dedication of lan4 payme,nt of
in lieu fce, or onsite housing development.
h) The possible ecological impact of the development's watcr 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 mufually 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 culhrral properties and activities, and to provide for
community education opportunities.
l) A wildlife management plan focused on non-lethal strategies shall be developed in the
public interest in consultation with the Department of Fish and Wildlife and local
tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub-
Area Plan (e.9., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the
potential forvehicle 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 rcduce 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 qualrty issues are addressed. The estimated potabte 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 (pd). The goal of
ttre 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 cat$e
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 stormwatsr management infrastn:cnres and techniques that allow no
stormwater nrn-offinto Hood Canal, Statesman shall prepare a soil study of the soils
present at the MPR location. Soils must be proven to be conducive to the intended
infiltration either in their natural condition or after amendment. Marina discharge shall
be treated by a system that reduces contamination to the greatest possible extent.
r) A County-based comprehensive water quality monitoring plan specific to Pleasant
Harbor requiring at least monthly water collection and testing will be dweloped 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 SBtesmaq that will include
regular offsite sampling ofpollution, discharge, and/or contaminant loading in addition
to any onsite ruonitoring regime.
s) The dcveloper must ensure that natural greenbelts will be maintained on U.S. Highway
l0l and as appropriate on the shoreline. Statesman shall record a conservation
easement protecting greenbelts and buffers to includc, but not be limited to, a 200-foot
riparian buffer along the steep bluffalong the South Canal shoreline, the strip of mature
hees between U.S. Highway l0l and the Maritime Village, wetlands, and wetland
buffers. Easernents shall be perpetual and irrevocable recordings dedicating the
property as natural forest land buffers. Statesman, at its expense, shall manage these
l3
casements 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 msnagemert 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 satisff the requirements of the Shoreline Master Program (JCC
18.15.135(l),(2),(6), the greenbelts ofthe shoreline should be retained and maintained
as they currently exist in order to provide for'the screening of facilities and amenities
so that all uses within the MPR are harmonious with each other, and in orderto
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
maximurn extent possible, screen the dwelopment and its impacts from the adjacent
rural areas." Evergreen trees and understory should remain as undisfurbed 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 satisff the
intent of JCC 18-15.135(6), and with special unphasis 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 bctween the buildings.
w) Construction of the MPR buildings will be completed in a rnanner that strives to
preserye trees that have a diameter of l0 inches or greater at breast height (dbh). An
arborist will be consulted and the ground staked and flagged to ensure the roots and
surrounding soils of significant trees are protected during construction. To the extent
possible, trees of significant size (i.e., l0 inches or more in diameter at breast height
(dbh) that are rernoved during construction shall be made available with their root
wads intact for possible use in salmon recovery projects.
l4
x) Statesman shall use the LEED (Leadership in Energy and Environmental Design) and
"Green Built" green building rafing system standards. These standards, applicable to
commercial and residential dwellings respectively,'lromote design and constnrrction
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-l standards
for the MPR. These standards are recorlmended for "areas with intrinsically dark
landscapes" such as national parks, areas ofoutstanding natural beauty, or residential
areas where inhabitants have expressed a desire that all light trespass be limited.
aa)In fostering the economy of South Jefferson County by promoting tourisnU 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%
to35% of rental and time-shares to permanent rcsidences per JCC t8.15.123(2).
bb) Verification of the ability to provide adequate electrical pow€r shall bc 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 identi$
teohniques to mitigate such emissions through sequcstation and/or other acccptable
methods.
dd) Statesman Corporation is encouraged to work with community apprentice groups to
identiff and advertise job opportunities for local students.
l5
NOW, TITEREFORE, BE IT ORDAIIYED as follows:
fectio{r One: Under MLA06-87 [Statesman], the map of Comprehensive Land Use Designations
is hereby arnended to reflect that the parcels of property located in Brinnon, Washingtorq 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.
Sestion Two: The Comprehensive Plan narrative on page3-23 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 furLher developed to include
additional commercial and residenti-al 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,
vi1}as, st.aff housing, and a comrnunity 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-cornpliant 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 nullifu
or invalidate any other section of this Ordinance.
Section Five: The map and legal description are hereby incorporated by attachment.
t6
Section Six: In consideration of the weather emergency situations of December}}W,and within
the overall public interest, the Board extended the decision date on these CP amendments to
January 14, 2008 by Resolution No. I 13-07. The Board's adoption of the motion approving the
MPR for Black Point met the legislative intent of Resolution I l3-07 as the decision date for the
legislative decision. This Ordinance becomes effective on the date it is executed.
APPROVED AND ADOPTED this 2Bth day of January 2008
Y rri;'JEFFERSON COIJNTY BOARD OF COMMISSIONERS
1t
!t,
Lra Phir
a
a,,g
ATTEST;?so.t ?- .r
CMC
Depury Clerk of the Board
Approved as to form:
David Alvarez, Deputy
3)zatE
Attorney
t7
I
ExhibitA, Ondinance 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 westcrly of US 101,
and together with DNR leased tidelands supporting the Pleasant Harbor Marina.
PARCEL A:
Thc Northcast L/4 of Eho Soqthwest. L/4 of SecEion 15, TownahiD 25NorEh, Rslrge 2 lfcet, W.M., ln .Taffereou CounEy, Waebington;
TOGBTIIIIR HITE a perpctual non-exclusl'r.")t""orr.nts tor road artdutillEy purpos€s chrough, across und over Ehs followlng dercrl.badprop.rty !
Bcginnlng aq Ebe SeuEbcast corngtr o! ehe southwcst 1/{ of the
NorEhweBu L/a of eeld secElon 1.5,thencc run [fcrt,, along the gouth linc of said SouthvcsE L./{ ofthq Nortbwest, L,/4, apProximaEely 1?5 loeg Eo the Sou=herly lineof Blaok Point Cou:ity Road;
thence Norgheaeterly, along gald Soubhorly 1tnr, to a polnt 30feeE North o( sald Eouth Llne when maacured at rlghc anglee;thence EarE, parallc1 to sa.ld goueh 1ine, Eo bho Baet llnc o!sald oouEhresE 1./{ of rhe NorEhueot 1,/{,
Ebonce gouEh 30 ts€t Eo thc poinf of bcgtnnlng;
AlitrD ov6! and acroes Eh€ Wsat 30 teoE of Bbe SouEh 30 Iect ot
GovernmEnE. IJoE { ln aald Sactl.on 15.
SLEuNuo ln Ehe County of r.Tef,fcrcorr. SEatG of warhlngton.
PARCEL B:
?ha East, t/2 of Ehe }$orthwsa:. L/4 of ehe SouthweeE ll4 ol gection
15, ?ownehip 25 Nortsh, Range.2 Hest, sl,Dl., in Jettereon CounLy,
Waohingborr
sxcEP? thsc porulon thereof, lying wlthin a strlp ql land
conweyed to the SEtcr of t{arhlngeon, f,or SCate Road No. 9,
Duekabush Rlver-NorE,h gce?ton, by datd dated Augru.t 28, 1933, and
record,ed under Audttor'g PlIe !co. ?0817, raeorde of Jef,fer6oneounty, Ilashingtoo.
gieuat.c ln the County of Jefforson, SCat,G of FachingLon.
99999.977 4tLffiAL I 38896t. I
PARCELT C:
Thoee portions of S€cglons t5 and 22, both in Township 25 NorCh,
Range 2 weBE, !tl.M,, Jefferson County, Washlngton, deaeribed aefollows:
The SouEhweet, Ua of the Soucheast 1/{ and Governrne}tt, [,oE ? ofsald Sectlon 15, and Government l-oxa 2 and 3 of, aaid Sectlon 22i
EXCEPT those Boruions Ebereof, lylng Eaet of tha Hegtr line of rheEast 595.00 feet of, aaid SouthrlesE Ue of cbc Souther€t 1/{, and
Eaet of the Southerly pro).ongatlon of eaid weet llne;
AIrSO EXCEPT EhaE portion of t.he t{eet 100.00 feer of
GovernrnenE Lot 7, lying Southerly of Ehe Nqrttr 539,00
thereof
sald
feeL
TOGETIIER WI1H bid€Iands of the Second Claee, aE cenveyed by tlre
SEaEs of WashiggEon, sltuate in front of,, adJacent to and
abuttlng upon the tfest l/2 Ln widt,h of said Glon\rerrurent Lot 2, Insaid Section 22.
Sltuate in the CounEy of .reffergon, State of WaehingEon.
PARCEI, D:
Thau portion of the Northrrreet, t/4 of Uhe SouEheast 1/{ in secglon
15, Townshlp 25 North, Range 2 Hast W.Fl., lying SouLherly of Eheglack Poinu Road as conveyed to ,fefferaon County by deed recorded
under AudiEor'e Flle Noa 22342?, records of eeid CounLy;
ETCBPT thaE EprElon deeeribed as follows:
ThaE porcion of Ehe NorthwesE, 1/,1 of che SoutheasE L/4 of Sect,ion
15, Townehtp e5 North, Range 2l{eet, !f,M., described ae follore;
BeglnnJ.ng at the polnL of j.ncersectlon of ghe gasU line of the
Northwegt L/+ of, che Southeast 1/{ aruC the Southerly margin of
t,he Black Polnu Road;
theace Sourh along Ehe eald Easu llne, a dlstanqe of 300 feet;
lhence Weer 350 fect;
thence North tro ch€ polni-- of lntereeet,ion wlth. Ehe Southerly
margin of E.he Blaek Polnt Road;thence EaoEerly along sald Southerly margin Eo bhe Point ot
Beginnlng.
SlEuate ln thc CounEy of \roffcrron, State of, washington.
9,999477 4tLEcAL' 38t9965. I
PARCEL E:
Thar porcion of thc SouEhuosE 1/4 of the NorEhwest l/4 ot Section15, rbvnohlp 25 NorEh, Range 2 Wo6t, W,!l., as followe:
A strlp of land 25o feeE wide }ying Easc,€rly of and llaEallel Eo
Ehe SoutheasEerly rlEhE-of,-way of EtaEe Highuay I01l
EXcEPf ih€ rlghu of gray for Black PolnE Road aa conveyed Eo
.Tetf,erson CounEy by doed recorded under Auditor's FLle No. 223427
arrd 410339, recorde of rfefforsotr CounEy, !{aehingEon.
ALSO EXCEP?ING THEREEROM t,he fo.Ilowlng deccrlb€d Eract:
BcglnninE aE, E.he souEhweats cornrr of, GcvtrcrnmcnB LoE 3,
Cnence w6rth 88" 23'o?D lvesE 308.14 feet, Bo Eh6 Southaastcrlyrtght-of-+ray of gtat€ Htghway No. 101, strd the TRUE POfNrf OF
BEOINNING;
Ehence SouEhwegterly along eald llighway, 117 f,e€t,
uhsnce Sough 88' 231 0?e East, tso 1 point. 175 f,eet lilest cf t,he
hlgh Eide line;
uhEnce lrtortheaatsrly Eo a points on Ehc ttrorth Line of, the
sout,hwest L/c ot thC ttorthwcit l/4, l0o feeE trlesc o! seid high
tide Linel
Ehence North 88 " 23' O7r wagt t,o the TRIIE POrMr OP BEGINNING of
Ehia exceptlon.
sLtsuate ln the eounLy of Jeff,erson, st.aE€ of tlashJ.ngBon.
PA}IC8L F:
Loc, I of Watrertouch shorE PlaG, ag recordsd ln volunle 2 of thorEPlats, pages ZOS arrd 206, records of .feffcreon County,
Washlngton, belng a porElon of, SecEion 15, towaahtp 25 Nortb,
Rsngo 2 west, 91.M., .Tefferson Coutlgy, WaehtngEon,
Stt\raE€ 1n the County o! .Ieff,eraon. SEatB of WaehLngEon...
PARCEI, G T
Lc 2 of rauertouch Short PIat,, ae reeotrded in volume 2 of ShsrE,Platss, pagEs 2oS and 206, rccorda of .Tef,fercon County,weBhlngton, belng e poreion of EaeElon 15, rorrnehlp 25 North,
Rangc 2 lrest, Lr.M., Jefftraoil CounEy, wrehinEEon.
81Euab6 1n t.he CounEy of Jef,feraon, State of }Iashingtson.
99999.97 7 4ltECAL I 38E9965. I
PARCEL II;
l,oE 3 of, rlaEert,ouch StlorE PlaEr a6 rtcsrded in Volume 2 of ghort
Plats, paEeg 2o5 and 206, rceords of .Ieffereon Cot6gy,glashlnglon, belng a porEion oE Ssctlon 15, Tornehip 25 North,
Range 2 wegE, l{.M., Jef Eereon County, llaehingtotl.
SiLuate in ehe County of JeI:ferson, SEate of lfashington.
PARCEII I:
Loc 1, PleaeanE Earbor Marina Short PIat, aE per plat rccorded ln
Vol.urne 2 of Short Plete, pages 221. !o 223 and amended ia volume
3 of Short PlaEs, pagee I Eo 10, recorda of ,fefferson County,
lfaahington, EXCEPT thaL porEioa of lot 1 deacribed aa foll,orra:
Thal poreion of Governrnenu l,ot 3 abutEing 2nd claea Eldelands in
Section 15, Townehlp 25 lilorEh. Ra^nge 2 l{est, W.!d., ilefferson
County, lfashlngEon, being nore part,lcularly deecribcd ae folLowsr
Comnrcncing at the North 1/{ corner of, Sect,ion 15, Tcnrn'ahlp 25
NorEh, Rangs Z wgEC, W.M.. rfefferson CounEy; t{ashingEon;
thence South 88- 13' 42e Bast. aLong Ehe NorEh llne of said
Sectlon 15 for & diatance of, 36{.50 f,eet to the point of
beglnning;
chince c5ntinuing south 88' 13' 42r Eaau 238.75 feet Eo Ehe Ilne
of nrean high uide;
Ehence souEtr et'iz' oOn l,leet along t,he line of mean hlgh tide
3r1,78 feeE;
Ehcnce North 40o {1' 5{, Weat along the line of me.n high lide
3 . 31. fBeE ;
Ehencc SouEh 62" 36' 19r' glcgt along the ltne of mean hlgh Eide
26.83 feeE; -
Ehence Sourh 87c -5{' 35n west, 156.65 fcet;thence North 21'' 21' 05' l{est .[3 .00 feetr Bo Ehc poinE of
beginning.
AI{D AIJSO EXCEPTING Second CLass Etdeland as convey€d by the StaEeof tlashlngtron, in front of, adjacent Eo and abuttlng Lhe abovc
deecrlbed eccepEed uplande.
SlEuatc in Ehe County of .Iefterson, SEate of lf,aehlagEon.
99999.977 4 TLEGAL I 38 89955. I
PARCEL J: SOZ/621>IL (
l,roU 2, PJeaeanE, llarbor l,tarlna ShorB P1atr, aE pcr lrlag recordcd in
Volurrc e of shor.t P1ats, paEEs 221 through 233, and amondcd ln
volunrs 3 of short PlqEr, prger 8 Ehrougti 10, rccorde of Joflerson
count.y, washington.
TOGEIf{ER l{fTH sccond claas Eidelands, Gro cerrveycd by Ehe SEata ofWachington, eltuate ln trqrt af , adJacenE Eo and !.buBting
Ehereon.
SiEuaEe iD the County of ire!!sr6on, 8taE,a of r{tBhlngEon.
PARCET, r( r 5:oe I dz*o g Fo*nt
Thosc porttons of Ehe Southwoat, Ll4 oE the gouEhBaatr Lll of,sectlou 15, and G<rvernnont, lrou 2 of gectlon 22. boEh in torrrahlp25 tlortb, Range 2 Weet, f,.M., Jef,feraon Countsy, l{aghlrrgrEon.
deecri.bed aa followa:
Tho Bact 3/t5.Oo fccE of said SouEhrost L1/- of th6 SouthcarE, 1/{l ,aE mGt8ured along t,hc North IJ.nc Ehereof ,.
?oGETHER 9lI'fH thaE po:ft,ion of raid @verriltEnt LoE 2 Ithe soulherly prolongaElon ot t,hrl llert Jlne of oald
feet,r
ylng
East
East of
3{5. OO
SlEuate in Ehe county of Jeffergon, 8tree6 ol $IaehtngEon.
PARCET, Ir: go?tf,?$| Joo* |rvtlcd,.6
Thoge port,iorr of . thc Southk,(}EB Lle of thn Soutshrast Uq ot
SecElon 15, and co!.ernfiotrE IJot 3 of Ecctiott 22, both 1n Totrlrthtp25 NorEh, RanEe 2 Wegt, F,l,l., Jctfsrao,n CounBy, rrrrhlt€cqr,
deocrlbed ae followar
The EasE,52o.oo fccE lass ch6 EeBt 3{5.00 fcer of eald SouEhrlastL/a of tho SouEhsast 7/4, aa $eriutrsd along chc Nargh llnc
Ehereof
?O6!ETEER l{fm that portlon of aaLd OovurrmenE, IJot 2 lying BaaEof the souEherly proloDgatl,osr ol Ehe tfo8t llnc o! sald 8rlt
520.00 tacE and qrB6t of the SouthErly prolongrt,lon of Eh. EasEIlne of Eeld EaeE 3{5.00 lert.
sLtsuaEc Ln Eh6 qounty'ot geftrrron. StrBo o! t{aahlrEtoE.
9999947?4(LEAAL I 3889965. I
FARCEL M r F oZtt SotZ Ch opt Es l'ltnpc€
SlEuate j.n the County. of JefferBon, SEatc of rashlngEon.
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.
Tboae porE,ione o[ ths Souttrrest L/* of Ehe Souebeaat L/4 ofSectlon l,5r and Ciovefnrnairt tbt 2 of SccEton 22r both in Tornrhip25 North;,...:Rang€ Z *oesE;: 'W.M...Jst!€rson Ocutsny. WaehlngEon,degcrlbs'dl:as followai . i. '.:'
The East 595.00 feets'lese,eb€ EaEE 5ZO.O0 feGC of eaid SouthwegEl/4 of, the sout,hcisu Ll4, as measured aloug ehe North 1lnothereoE.
TOGETHBR HIAE Lhau por:tion of said GcrtrcrnrnGat Lot 2 lytag EasE of
Eh€ Soulhsrly prolondaElori of the Bceu llne ot reid BacE 695.00feet and Wegt of the gouthcrly prolorrgrtl,on o! Eho Eatt ll,nr ofgaid EaeE 52O.OO fcee,
'i
I
:
l,
:
!t
Rcoerda crxrmlnad t,o: E..DElilfy to, aoo6, a! E: oo ,I.Dt.
:i rn :tii:'i ij -- -::-
9999997 7 I|LEGAL I 3889965. I
Ordinance Nurnber:01-012 B-0 I
Exhibit B
MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR
NOTICE OT ADOPTION BY THE
.IEFFERSON COIJNTY BOARD OF COMNdISSIONERS
OF COMPNEHENSTVE PLAN AMEIYDMENTS
NOTICE IS IrEREBY GIyEN that the Board of County Commissioners (BoCC) for Jefferson County
enacted Ordinance #[Replace with numbcr] on January 2t, 200t, thcrsby adopting the Brinnon MPR
Comprehensive Plan amendment associated wi0r the 2007 Comprehensive Plan amendment cycle; the
decision having bcen made on January 14, 200t, following the schedule outlined in Resolution #113{7,
signed on Deccmber 10, 2007.
The Adopting Ordinancc was cnacted during the regular Consent Agenda at 9:30 AltI in fts BOCC
Chambers, Jefferson County Courthouse, l82l Jefferson St., Port Townssnd. Following is a brief
description of this amendment to the Comprehensive Plan. This case has a Master Land Use Application
(IW.A) file number for rsferencc and is a site-specific amendment
MLA0G87: The Statesman proposal was approved as revised with conditionE, to am€md the Jeffcrson
County Comprehensive Plan on pages 3-23 and 3-45. The comprehensive plan nrrative on page 3-23
would be amended to add language below the last paragraph to read:
"Early in 2008, Jefferson County desigrated a new master planned resort (MPR) in Brinnon. The now
mast€f, planned resort is 256 acres in size and includcs tlre Plcasant }larbor and Black Point areas. The
Marina area is existing and would be furtherr developed to include additional commercial and residential
uses such as townhouses and villas. The Black Point area of the new resort would includc now facilities
such as a golf course, a restaurant, a resofi centgr, townhouses, villas, suffhousing, and a community
contcr. The ovcrall rcsidontial constn:ction would not exceed 890 total units."
The comprehensive plan land use map desigrrations on page 3-45 for this area would be changed to reflest
a master planned resort as outlined in the Novcmber 27,2007 final environmental impact statcment on
page I-4.
Five additional sitespecific Comprehorsive Plan Amerrdments forthe 2007 amendment cyclc are cnacted in
a separate Adoption Ordinance,
Availnbility of Informadon: Copios of tho adopted ordinance are available at the Jefferson County
Courthouse, l82l Jefferson St., Port Townsend WA 9E368, (360) 385-9100- A copy of the full text of
the ordinance will be mailed out upon r€quest Baokground information is available at the Dept. of
Community Development, 621 Sheridan Street, Port Townsend and m the DCD wcb pages:
www.cojefferson.wa.uJcomrndcvelopmenl Contaa Karen Barrows for more inforrndion: (360)379.44A
or kbatrowsf-dco jeffersoq. wa.us
Pleasant Harbor Marina and Golf Resort
Proposed arnenities (l ) and Conditions for Public Access (2)
Proposed Arnenity Location Size Intended Use./Funct ion/
Service
Conditions for Public
Access
GOLF COURSE A}ID
RELATED FEATURES
l8 Hole Golf Course MPR Black Point Prope(y 220 acres Private and public
Recreation
Public booking available
daily, scheduled at least
one day in advance
Putting Green Golf Course/Golf Resort
south of Terrace I Bldg.
+/' 10,000 SF; would
accomrnodate I 0 golfers
Private and Public
recreation
Available with tee times
Driving Range Go I f Course/Go lf Resort
south of Tenace I Bldg.
300 yards; would
accommodate */- 20
solfers at a time
Private and public
recreation
Available with tee times
and lessons
Pro Shop Within Tenace I BIdg.2,484 SF Retail supplies to eolfers Available to the public
Drop offand Pickup Area Near the Pro-shop, by the
Golf Course Starter's
Check-in
Area for golfers to drop off
and pick up clubs
Available to all golfers
GOLF RESORT
AMENITIES OTHER
TIIAN THE GOLF
COURSE
Conference Center and
Meeting Rooms
Golf Course/Golf Resort
Terrace I Building
9,200 sF Four meeting rooms
separated by dividers to
accommodate 100 people
each, expandable to
accommodate 400 people
Public bookings available
Restaurant and Lounge Terrace I Building 5,800 sF Eating and drinking
establishment
Public and private;
reseryations preferred
Exercise Center Terrace I Building 2,700 sF Recreation, fitness Residents and guests only
sPa
and Medical Center
Terrace I Building 9,700 sF Massage Therapy,
rejuvenation
Guest medical services
Open to the public by
appointment
Public appointments
available; priority given to
residents and guests
Bcauty Salon Included within the spa 310 SF Hair and nail services Public appointments
available mx?
E
=c)
2013-03-15 vn
Pleasant Harbor Marina and Golf Resort
Proposed amenities ( I ) and Conditions for Public Access (2)
Wedding Chapel Terrace I Building I,800 sF Wedding events and Place
of worship
Public bookings available
Amphitheater South of the 13.5 acre
reservoir/driving range
100 feet in diameter, to be
an open-air facility built
into the grade; would
accommodate +l- 200
people
Entertainment and music
festivals, indigenous
presentations. Portable
seating for special events.
A vailable for both private
and public special events
Swimming Pool (l)Adjacent to Golf
Course/Golf Resort
Terrace I
+/- 2,800 sF Recreation, exercise Public bookings available
Tennis Cowts (2)Adjacent to Terrace I Bldg Standard: 1,200 SF
(20 x 60 fcct)
Not applicable; private for
use by residents and guests
Hot Tub With the swimming pool 6 person Recreation, exercise Not applicable; private for
use by residents and guests
Bocce Ball Adjacent to Terrace I Bldg 1,100 sF
2 to 6 people per match
Recreation, exercise Not applicable; private for
tse by residetrts ancl guests
Billiard and Games Room Tenace I Building 1,300 sF Recreation, exercise Not applicable; private for
use by residents and guests
Fire Pit Adjaoent to Hole l0 Seating for 16 Group gathering area Not applicable; private for
use by residents and guests
Conservation Easement South bank of Golf
Course/Golf Resofi
235 feel landward of the
Ordinary High Water Mark
(oHwM)
Steep slope, riparian, and
habitat corridor easement
Not applicable; private for
use by residents and guests
Pedestrian Trails Includes Golf Course
pathways and pedestrian
only Dathways
3.5 miles Recreation, exercise Available for public use
Bicycle Trails Bicycles can be ridden on
the road network within
the Resort
+/- 2 miles Recreation, exercise Bicycles rnay be rented to
the public
MARITIME VILLAGE
New structure, 2 storeys at
the front, 3 storeys at the
rear
At thc intersection of
Black Point Road with
U,S. Hiehway l0l
16,650 SF commercial,
and 42 residential units
Yacht Club, real estate and
office, other
commercial/retail uses
Available to the public; a
"condo-tel" for short-term
stay. and retail services
Transit Stop At the intersection of
Btack Point Road with
U.S. Hiehway 101
+/- 60 parking stalls parking for slip owners,
guests, resort visitors also
for transit center users
Short-term parking
available to the public for
transit park and ride
2013-03-t5 vr r
Recreation. exercise
Pleasant Harbor Marina and Golf Resort
Proposed arnenities (l ) and Conditions for Public Access (2)
I "Amenities" are defined by the Jefferson County Department of Community Development as those things that would attract visitors and
enhance the experience of the resort - basically, everything that is not residential or operational in nature (email communication from
David Wayne Johnson, DCD Associate Planner, December 8, 2010)
2 Jefferson County Ordinance No. 0l-0128-08, Condition 63.3, requires a list of proposed amenities to be provided within the Master
Planned Resort; clarification which of these amenities will be private for use by resort visitors only and which will be public; and a
description ofconditions for public access.
Electric Shuttle Service From Marina upland to
Maritime Village, and
from on-site parking to the
head ofdocks
+/- 2.5 miles Transportation in lieu of
private vehicles
To provide public and
private access and egress
between the Marina and
Maritime Village parking
area
Pedestrian Trails To meander through re-
vcgetated and landscaped
areas of the Maritime
Village area of the site
+/- 0.75 mile Recreation, exercise Public and Private use
2013-03-15 Vl r
Table 2-3
ACTION ALTERNATIVES GOM PARISON
Number of Buildlngs and Unlts:
Golf Resort: Fifty-two buildings, 828
residential units
Marltlme Village: Three new buildings, 60
new residential units
TotalNew Buildings 55
Existing Buildings lncluded ln MPR 890-Unit
Count:
Pleasant Harbor House - 1
Bed and Breakfast House - 1
Number of Bulldlnge and Unlts:
Golf Resort: Thirty-six buildings, 822
residential units
Marltlme Vlllage: One new building, 66 nsw
residentia! units
Total New Buildings: 37
Existing Buildings lncluded !n MPR 890-Unit
Count:
Pleasant Harbor House - 1
Bed and Breakfast House - 1
Number of Buildings and Units:
Golf Resort:
Golf Terraces: 500 units
Golf Vistas: 76 units
Sea View Villas: 200 units
Maintenance Building and Staff Quarters: 52
units
Maritime Village:
Maritime Village Building: 36 units
Reunion House: 12 units
Harbor View House: '12 units
Number of Buildings and Units:
Golf Resort:
Golf Terraces: 520 units
Alpine Vistas:44 units
Sea View Villas: 206 units
Maintenance Building and Staff Quarters: 52
units
Marltlme Vlllage:
Maritime Village Building: 66 units mx+
E
-{IPleasant Harbor Final Supplemental EIS
December 2015
Chapter 2
Descrlptlon of Proposal and Atlemafves2-30
Buitding Heights and Square Footaga:
Golf Tenacas: Four bulldings, 4 stories (47 fl.
9 inches in height; 724,W0 sq.ft.)
Golf Vlstas: Thirteen buildings, 2 stories (27 ft.
9 inches in height 123,000 sq. ft.)
Sea View Mllas: Thirty-one buildings, 1 story
(28 ft. 5 inches in height; 371,400 sq. ft.)
Maintenance Building and Staff Quarters; One
building, 3 stories (39 ft.; 87,000 sq. ft.)
Marltlme Village:
Maritime Village Building: One building, 3
stories (39 ft. height; 71,886 sq. fi.)
Reunion House and Harbor View House: Two
buildings. 3 storles (39 ft, height; each 8,892
sq.ft.)
Existing Pleasant Harbor House: One building,
1 story
Existing Bed and Breakfast House: One
building, to remain (counted as one residential
unit)
Golf Resort:
Building Heights and Square Footage:
Golf Tenaces: Four buildings, 5 stories (58 ft.
9 inches to 70 ft. ln helght; 612,674 sq.ft.)
Golf Vista: Five buildings, 2 slories (?7 tl. 4
inches in height; 71,28O sq. ft.)
Sea View Villas: 23 buildings, 1 story (28 ft. 5
inches in height; 38.2,U2 sq.ft.)
Maintenance Building and Staff Quarters: One
building, 3 stories (39 ft.; 87,000 sq. ft.)
Maritime Village:
Maritime Village Building: One building, 3
stories (52 ft. 3 inches height 72,453 sq.ft.)
Existing Pleasanl Harbor House:One building
1 story (same as Alternative 1)
Existing Bed and Breakfast House: One
building to rernain (counted as one residential
unit).
Golf Resort:
Number and Type of Resldentlal Unlts
Proposed wlthln the Marltime Village:
Maritime Village Building: 36 units located up
the hillside away from the waterfront
Reunion House and Harbor View House: 24
units in two bulldings located up the hillslde
Number and Type of Resldential Unlts
Proposed within the Marltime Village:
Maritime Village Building: 62 units located up
the hillside away from the waterfront.
Retain Existing Pleasant Harbor House -
Pleasant Harbor Final Supplemenlal EIS
D*ember 2015
Chapter 2
Descrlptlon of Proposal and Alternatives2-31
away from the waterfront.
Retain Existing Pleasant Harbor House
Retain Existing Bed and Breakfast House
(owned by others)
Retain Existing Bed and Breakfast House
(owned by others)
same as Altemative 1
Short Term Stay vs, Long Term Stay Units:*
Short Term Tourist Residential Units: 560
(67o/ol
Long Term Tourist Residential Units: 278
(33%)
Short Term Stay vs. Long Tenn Stay Units:
Short Term Tourist Residential Units: 560
(67o/ol
Long Term Tourist Residential Units:278
(33%)
Commercial Development Proposed:
Golf Resort: 36,000 sq. ft.
Maritime Village: f 3,772 sq. ft.
Total Commerclal Development: 49,772 sq.
ft.
Commerclal Development Proposed:
Golf Resort: 36,000 sq. ft.
Maritime Village: 20,608 sq. ft.
Total Commercial Development: 56,608 sq.
ft.
Proxlmlty of Structures to Pleasant Harbor
OHWM:
Modified earlier plan to relocate all proposed
residential units outslde the 150 ft. Shoreline
buffer proposed in the County's locally-
approved Shoreline Master Program update.
Existing structures at the waterfront to be
repaired and replaced withln existing footprints
under a pre+xisting Binding Site Plan, outside
of this SEIS, No new buildings are proposed in
this area, with the exception of a storage
building approved under the existlng Blnding
Site Plan. Repair and widening of existing
roadwalrs and reconflguration of parking areas
Proxlmlty of Structures to Pleasant Harbor
OHWM:
Same as Alternative 1
Plasant Harbor Flnal Supplemental EIS
December X)15
Chapter 2
Ilcscrlption of Proposal and Alternatlves2-32
i '.1
would also occur
Length of Prolect Roads Proposed:
Overall length of projecl roads approximately
13,750 lf. Relocated WDFW boat launch
access road 1000 feet east of cunent location.
Length of Project Roads Proposed:
Overall length of project roads approximately
12,700lf. Combined WDFW boat launch
access road with Maritime Village a@ess.
Does not include approximately 1750 tf of
combined golf cart, service road, EMS access
through east side fainruays.
Marlna Access tolfrom Black Point Road:
Same as Alternative 1
Marina Access tolfrom Black Polnt Road:
Construct the Marina Access Drive (12 ft. wide
with turn outs) to be used for two way shuttle
service and emergency vehicle access.
Main Entrance to the Golf Resort:
Same requirements as Alternative 1
Main Entrance to the Golf Resort:
Resort rnain entrance control gate relocated
from previous plans to the northeast corner of
the site with primary ac@ss from Black Point
Road. U.S. Hwy 101 inlersection realigned
further south.
Provlsions for Transit Service:
Surface parking at the Black Point Road/U.S.
Hwy 101 intersection significantly revised
compared to FEIS, due to relocation of the
Marina Village residential units and
approximately 13,772 sq. ft. of commercial
development from the waterfront area to the
intersection. Parking to be used by marina slip
owners, resort visitors, and transit riders. Bus
stop and bus loop drive proposed for transit
access to U,S. Hwy 101.
Provisions for Translt Servlce:
Surface parking at the Black Point Road/U.S.
Hwy 101 intersection revised slightly from
Alternative 1. 20,608 sq. ft. of commercial
development from the waterfront area to ths
interseclion. Parking to be used by marina slip
ownersr resort visitors, and transit riders. Bus
stop and bus loop drive proposed for transit
acc€ss to U.S. Hwy 101.
Pleasant Harbor Flnal Supplemental EIS
December 2015
Chapter 2
Descrlptlon of Proposal and Alternatives2-33
l:ll], i .
Maintenance Building and Staff Quarter:s:
Relocated this building along with the resort
main entrance to the northeast corner of the
site (adjacent to Black Point Road). 52
residential units proposed in the upper 2
stories of this structure.
Maintenance Building and Staff Quarters:
Same requirernents as Alternative 1.
Domestlc Water Supply Proposal:
Ground water supply from on-site wells. Two
oplions for second well location: west of
Fairway 2 or west of Fairway 7 (rather than
west of Fairway 9) as a result of water right
negoliations.
Domestic Water Supply Proposal:
Ground waler supply from on-site wells. Two
options for second woll location: €ast of
Fairway 2 or west of Fairway 8.
Wastewater Recovery Plant (WRP):
Nutrient Removal Activated Sludge Process
with Clarifiers and Class A Filtration proposed
to produce Class A reclaimed water. WRP to
be relocated to northwest corner of site.
Effluent use during initial phases of
development will include sprinkler irrigation in
the native plant nursery and subsurface drain
fields In the west area of the site until Kettle B
is converted to a retention pond.
Wastewater Recovery Plant (WRP):
Sarne requirernents as Alternative 1.
Energy Proposal:
Electrical supply up to the limit of availability
from Mason County PUD; on-site biodieselco-
generation, propane and geothermal sources
proposed.
Energy Proposal:
Electrical supply up to the limit of availability
from Mason County PUD; on-site propane and
geothermal proposed.
Wetland Mitigation Proposal for Placement
of Flll ln the Large Kettle:
Create a replacement wetland in the bottom of
Wetland Mitlgation Proposal for Placement
of Flll ln the Large Kettle:
PleasanC Harbor Final Supplemenfat EIS
Decenber 2015
Chapter 2
Descriptlon of Proposal and Altematlves2-34
the smaller of the two Kettles (Kettle C) and
retain this Ketfle feature within the
development.
Same requirements as Alternative 1.
Amenltles (4):
Golf Tenace 1 building to have a restaurant,
lounge, spa, conference and meeting rooms,
chapel and billiards room. The Maritime
Village building near Black Point Road/U.S.
Hwy 101 intersection would provide
approximately 13,772 sq. ft. of
retai l/commercial space, including a restaurant
and the relocated deli, grocery, convenience
store from the marina upland area.
Amenities (4):
Golf Terrace 1 building would be the sarne as
Altemative 1. The Maritirne Village building
near Black Point Road/U.S. Hwy 101
intersection would increas€ to approximately
20,608 sq. ft. of retail/commercial space,
including a restaurant and the relocated deli,
gro@ry, convenience store from the marina
upland area.
RecreatlonalAmenitiea (4) (in addition to the
golf course, driving range and pufting green):
Renovated swimming pool in the marina
upland aroa; h,vo new swimming pools on the
golf resort side, three hot tubs, three tennis
courts, a Bocc€ ball court, billiard and game
rooms, a @mmon-use fire pit, and
amphitheater. Walklng paths throughout. Turn
Building (Halfway House shown in graphics)
nol included in Alternative 1.
RecreationalAmenltles (a) (in addition to the
golf course, driving range and putting green):
One new swirnming pool on the golf resort
side, two tennis courts, a Bocce ball court,
billiard and game rooms, a common-use fire
pit, and amphitheater, Walking paths
throughout. Turn Building (Halfway House
shown in graphics) by Hole #9. Tree Top
Adventure and Zip Line in the Maritime Village
area.
lmpervious A,rea:
30 Ac (13% of total site area)
lmpervious Area:
26 Ac (1?Yo of total site area)
Pervious Area
Total Pervious Area: 2O1 Ac or 87% of site
Pervious Area
Total Pervious Area: 203 Ac or 88% of site
Pleasant Harbor Final Supplemental EIS
December 2015
Chapter 2
Descriptlon of Proposal and Alternatlves2-35
Pervious Disturbed Area: 170 Ac
74o/o ol total site area or
8570 of total pervious area
NaturalArea:31 Ac
13% or total site area or
15% of total pervious area
Pervious Disturbed Area: 123 Ac
53% of total site area or
ffio/o of total pervious area
NaturalArea: 80 Ac
35% or total site area or
ztO% of total pervious area
Perimeter Buffsrc:
Maritime Village: 25 ft. Minimum building
setback
Golf Resort: 25 ft. Minimum building setback
Perlmeter Buffers:
Same requirernents as Allernative 1
Pleasan2 Harbor Flnal Suppl*tentat EIS
December 2015
Chapt*2
Medptlon of Proposal and Attematlves2-36
EXHIBIT E
PLEASAFIT HARBOR MASTER PLANNED RESORT
Title l7
MASTER PLANNED RESORTS
Title 17. Article I. Port Ludlow IVIPR
Chapters 17.05-1750
No change
Title 17. Article II. Pleasant I{arbor MPR (17.60-17.80)
CEapter I 7.60. General,Er gyislons
17.60.010 Authoritv.
This title is adopld pur.sqant to.Chapters 36.70 and 36.704 RCW. and Title 18 JCC.
17.60.020 Title.
The regulations set forth in this title shall be known as the "Pleasant Harbor Mastei
Planned Resort Code" or by the short title "Pleasant Harbor MPR Code." Citations to these
rs8ulations shall be mid_g tr_siqg the +pplic.?ble JCC section number.
17.60.030 Purpose and intent.
The numose and intent of the Pleasant Harbor MPR code is to set forth development
rezulations that comply with and are consistent with the Jefferson County Comprehensive Plan
for fuhre development within the boundaries of the Pleasant Harbor Marina and Golf Resort
Master Planned Resort.
17.60.040 Additional requirements.
Title l5 and Title 18 of the Jefferson Cor.urtv mav supplement the regulations oresented iq
this A{ticle i4 accordance with the terms and conditions of the Development A$eernent entered
into between Jefferson Countv and Pleasant Harbor Marina and Golf Resort. LLP.
17.60.050 Aoplicabilitv.
The provisions of.this title shall apply to all land. all associated water areas and all uses
and structures within the boundarv of the Pleasant Harbor Master Planned Resort as depicted on
the official land use mao for Jefferson County. Washington.
17.60 060 Exernptions.
The following structures and uses shall be exernpt from the resulalions of this title, but
are subiect to all other applicable local" state and federal resulations includine. but not limitod to.
the counfy building ordinance. interim critical areas ordinance. the shoreline mana8sment master
proeram. and the State Envirorunental Policv Act (SEPA).
I
(l) Wires. cables. conduits. vaults. pipes. mains. valves. tanks. or other similar equipment for
the distribution to consumers of telephone-glother communications. electricity. gas. or water or
the collection of sewage. or surface or subsurface water operated ollneirltained by a
Boveqmental entitv or a public or private utilitv.gl otter county franchised utilities including
customary meter pedestals. telelbone pedestals. distribution transforrners and temporary utility
facilities required durine buildine construction. whethsr any such facility is located Underqround,
or above-eround: but oqJy when such facilities are located in a street rieht-of-way or in an
easem-e4t. This exemption shall not include above-pround electrical substations. sewase pump
stations or teatrnent plants. or potable water stor.ase.talks or facilities. which shall require
conditional use-approval in any zone where permitted:(2) UnderBround utilitv equipment. mailboxes. bus shelters. informational kiosks. public
bicycle shelters- or similar structure or device which is found by thq director of community
develooment to be appropriately located in the public interest:(3) Minor construction activities. as defined by the IBC. Section 106.2 and skuctur_es exe,rnpt
under Chapter 15.05 JCC. as amended:(4) Stormwater detention fasilities associated with and accessory to new development are
permittd in all zones. Any above-eround detention facility or pond shall be screened from the
oublic rieht-of-wav or appropriately landscapgd to ensure compatibilit.v with the surroundine
area,(5) Develooment consistent with a Bindine Site Plan aoproved by the Countv prior to
adoption of this chapter.
17.60.110 Preexisting uses and structures.
Existing leBal residential and non residential land uses and structures in all zones of the
Master Planned Resort are lawfu!u.g_qs _eqdlEaybe qontinued in a manner consistent with state
Iaw. Titles 15 and l8 of the Jefferson County Code and anv other applicable requlations or
Ordinances.
77.60.120 Provisions bindins on the land.
The prolfi_sions of this section shall applv to any subsequent owners. lessees. tenants or
othe$ with an interest in the pmperty zubject to the master planned resort (or anv portion or
parcel thereofl. inclqding but not limited to successors in interest. holders of anv recorded
interest recordgd subsequent to the MPR approval. community associations. facility providers
and.special service disgicts ooerating within the MPR arca.
17.60.130 Enforcement
Thq gpforcernent provisions codified in Chapter I 8.50 Enforselnent of Title l8 of the
Jefferson County Cgde as currently enacted or as hereafter arnended shall apply to anv alleeed
violajion of Title 17. Article II. more commonly known as the "Pleasant Harbor MPR Code."
Chapter 17.65. Golf _Resort (MPR-GR)
17.65.010 Puroose.
. The MPR-GR zone provides residential and recreational facilities. as well .as commercial
amenities and services associated with the resort and surroundine community. It provides the
cenhal resort and conference facilities.
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17.65,020 PermittedUses.(1) Residential.Uses includine single-family and multifamilv structures. condominiuills.
townhouses. apartnents. lofts. villas. time-share and fraqtionallv o}lped accgmmodations of all
kinds.(2) Short-term visitor accommodations. constitutine not less than.-61% plthe total residential
units authorized bv Ordinance #01.-0_1.?$:08. includine. but not limited t! hotels. motels. lodees.
and any residenli_4l uses allowed under subsection I of this section that is made available for
short-term rsntal.(3) Visitor oriented amenities" includine. but not limited to (a) conference and meeting
facilities: (b) restaurants. cafes. delicatesssns. pubs. taverns and entertaiffnent associate lrith
such uses: (c) on-site retail sei:rices and businesses tvllically found in destination resorts and
designed to serve the convenience needs of users and employees of master plaffled resort: and
(d) recreation _business and facilities:
(4) _ Cultrnal and educational facilities of all kinds includine. but not limited to. art ealleries.
and indogr or outdoor theaters:
(5) Indoor and outdoor resort-related resreational facilities. includine but not limited to eolf
courses (includine accessory structures and facilities. such as clubhouses. practice facilities. and
maintenance facilities). tennis courts. swimmine pools. spa services. hiking trails. bicvcle oaths,
ropes courses. amphitheater. and other recreational uses consistent with the nature gf master
planned reso(t:(.6) Waste water treatment facilities. includinq teatment plants. capture. storaee and
bansmissign-lacilities to serve a reuse,/re.cycle pro8ram for on-site treatment and use/reuse of
waste water and stormwater:
0) Public water supply and related facilities:(8) Public facilities and services as defined in JCC 1 8.1 0. I 60:(9) Utilities supportins the resQrt:(10) Emeresncy services (fire. police. EMS):(11) Medical seqvices: and(12\ Other similar uses consistent with the ourpose of this zone and MPR as determined by the
Department of Communitv Development.
17.65.030 Heieht restrictions.
No buildinss wrlhrulhe fdPR-GR zone shall be erected. enlarsed or strusturally modified
to exceed 80 feet in height as measured by IBC standards. Underaround or imbedded pmking
shall not be included in any height calculations.
17.65_O40 BuIk and densitv requirements,
There are no yard or setback provisions internal to the MPR-GR zong.. All struchres
shall be set bask at_le-ast 20 feet from Master Planned Resort boundarv lines and adiacent MPR
zones. Minimum buildinsge&,ack from StatqRoutc l0lic i0 feet.
Chapter 17.70. Ooen Space Reserve..lMB.B-OSR )
17.70.010 Purpose.
-J-
The purpose of the MPR-OSR zone is to provide a natural buffer between the resort
activities and the waters of Ho.od 9anal. The M8-B-OSR zones shall extend landward 200 feet
from OMHW of Hood Canal as meazured under the Shoreline Managernent Act (Chapt€r 90.58
BQIV) or 25 feet from the top of the bank as measured under Chapter 18.22 JCC. whichever is
greater.
17.70.020 Permitteduses.
The followine uses are pernitted in the MPR-OSR zone:
(l) Restoration of existins development intrusions (roads. campsites) to theit natural pre-
developmsnt state: and
(2) Passive recreation that does not reduce the forest canopy. increase stormwater dischqrge
or bluffsrosion.(3) Those.uses consistent with the Shoreline Master Prosam JCC 18.25
Chapter 17.75. Marina Villaee MPR-N{\A
17.75.010 Furpose.
The MPR-MV zone provides mixed use rnenities and services associated with the
marina portion of the reqort and sufou$dine gggryluniW. and provides the central support to the
marina operations.
17.75.020 Permitted uses.
The followins u.ses nermiffcrl in fhe ]IIPR-IWV'
0) Mafiga and overwater structures as approved thrgugh thg Jefferson CounW Shoreline
Master Proeram and associated requlations Chapter 18.25 JCC:
(,2) Resideotial uses including single-family and multifamily skuqtures. condominiums. time-
share and fractionallv owned accommodations of all kinds;
(3) . Marina Village related upland mixed use. commercial and service facilities. includinq
open parking lots. restaurants and shops. as well as marine service facilities. marina office. vacht
club and recreation facilities servins the resort and the Marina:(4) Accessorv uses and structures..Elg-h as. gzuraees. carports. storase buildings and similar
stnrctures supportine rnarina and maritime villaqe uses. fuel service and parkinq:
(5) Indopr. and outdoor resort-related rqgfeationd {agilities. includins but not limited to
tennis courts. swimminq pools, marinas. hiking trails. bicvcle paths, ropes courses, game center
and other recreational uses cpr-r$i$tent with the nature of master planned resort.:(6) Utilities supportine the resoft:(7) Infr?sfucture and buildings. both above 4nd below sound. for the utilities:(8) Emereencv s€rvices (fire. police. EMS):
(9) .. Public facilities. and services serving the MPB:MY zone:
(.10) Medical services: and(10) Other similar uses consistent with the purpose of the this zone and MPB as determined bv
the Departme,nt of Communitv Development.
17.75.030 Heieht reshictions.
-4-
No buildines within the MPR-MV zone shall be_grecJed. enlarged or structurall),
mgdified to exceed 35 feet in height as measr.red bv IBC standards. Underqround or imbedded
parking shall not be included in anv heieht calculations.
17.75.040 Bulk and densitv requirements.
There are no yard or setback ,ZOI]E.All new
structur. es located within shoreline iurisdiction shall comolv with the setback requir€ments of the
Countv's Shoreline Master Propram as codified at Ch. 18.27 JCC
Chapter 17.80. Pleasant Harbor Resort Deyelonment
17.E0.010 Resort develooment.
This secligqdescribes the "Resort Plan" for facilities to be located in thj_fgqog MPR. sets
out a required environmental review process for anv fufure resort development. and provides
processes for redewi-ng major or minor revisions to the Resort Plan. These provisions apply to
all resort and associated development w'ithin the Pleasant Harbor MPR,
17.80.020 Development can.
_ The Pleasant Harbor MPR in total shall have a develooment cap of 890 residential units
provided. however. short term visitor agcommodation 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. restaurFnt and conference space. not including
lobbies and internal ooen space.
17.80.030 Resort PIan
The Resort PIan for future development of properties in the Pleasant Harbor MPR means
square feet of commercial space. as well as infrastructure necessary to service the development.
17.801040 Permit process for resort development.(l) - A projectjevel supplernental environmental impact statemernt (SEIS) anal'/zine
development under the Resort Plan is requfued prior to issuance of buildinB Ir€rmits for any new
Iesort development. The applicant mav choose to develop a new environmental impact
$llalernqrrt ratlt_er than a zuu)l€ment.(2) Notice of application for environmental review of the Resort Plan shall be provided to all
persons or aeencies entitled to notice purzuant to the land use procedures of JCC Title 18.(3) Actual buildine permit plans or construcfion &awines are not required during the SEIS
process. Architectural drawines including a detailed site plan. and arc-hitectural sketches or
drawings showine approximate elevations. sections. and floor plans are required. however. to
ensure that the SEIS considers proiect-level details.(4) The deparrnent of cornmwrity development mav impose mitieatine condifions or iszue a
denial of some or all of the Resort Plan based on the environmental review.and using authoritv
-5-
provided pursuant to the Sta!.g En_vfuolmental Policy Act. Chapter 43.21C RCW, Article X of
Chapter 18.40 JCC shell be applicable to thgpermit process for resort development.(5) Followins completion of the SEIS buildinq pe.nnils__rllrv be ig.sue* followinegpplopriate
plan review. for projects analyzed in the SEIS,(6) Astual resort development mav be undertaken in phases. but only followine cornpletion
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 mav be developed at a later
date.
17.80.050 Environmental review for Resort Plan development.
(l) All plojest level applications will be qiven an automatic SEPA threshold Determination
of Sigrrificance except where the SEPA-responsible official deterrnines that the application
rezults in onlv Erinol construction. A EIS or SEIS is not required if existing environmental
documents adequatelv address environmental conditions qs. set forth in RCW 43.21C.034.(2) The scope of an SE_IS pfeparg.d.u4dgr this s.e_c.Iioq qhaU address envjronmental ispllpt
identified in the Proprammatic FEIS iszued November 2007. together with such additional
requirements as a prqiect specific application may raise. The scope shall not chanee tbe
standards of approval. however. as set forth in the development apreement and these
development rezulations.
(3) The utilitv element of anv subseouent phase environmental review pertainine to the
Pleasant Harbor MPR shall review on all affected utilitv svstems- includins sewer
and water svstans and the results of required monitoring. The effectiveness of such monitoring
shall be evaluated. Supplements or chan&es to the monitoring and re,porting systems shall be
considered if necessm.v to ansure that water quality and water supply are adequatelyprotected
aptgl-impagts to natural resources minimized.(.4 Anypreliminary gcope for future de.velopment withir.r the Pleasant Harbor MPR is based
on the described Reso,ft.Plpn. Othe[ elements. issues. and specif,-c levels-of detail may be
included based on infgrmation available at the time the Resort Plan development application is
submitted. Elements noted above mav be combined in the EIS analysis to reduce duplication and
narrow the focus on potentially sigrrificant advsrse environmental impacts.
17.80.060 Revisions to Resort Plan.
(l ) Any proposed enlargernent to the Pleasant Harbor MPR boundary or zone changes within
the MPR shall require a Co.$lprgtrensive Plan amendment aqd related z.onjns agtion. Such
chanees are outside the scope of the revision processes described below and in JCC 17.80.070
and 17.80.080. The Countv mav approve an amendment to the Comorehensive Plan.gnl.y if all
requirements of the Growth Management Act (Chapter 36.704 RCW) are fulfilled.(2) The Countv shall accept buildinq permits onlv for proiects included in and consistent
with the Resort Plan. A revisi.on to the existinB Resort Plan shall be zubmitted to the county for
approval prior to the acceptance of anv prooosal that is inconsistent with the Resort Plans set
forth in,this title. Upon aporoval of a revision- all subsequent development oroposals shall be
consistent with the revised Resort Plan and developmeptregulations.(3) Proposed revisions to the Reso.rt Pl4n shall be submitted to.thq de,pa{tment of community
development and the DCD direstor will detennine whether the proposal constitutes a major or
-6-
minor revision. Uoon makins a determination, the proposed revision shall follow the appropriate
procgtg.&rplan rgvisions as outlined in JCC 17.80 060 and 17.80.070.
17.80.070 Minor revisions.(1) Minor Revisions. The county recomizes that the Resort Plan mav require minor chanees
to facilities and servic$i in re,sponse tQ ch.angine conditions ormmket dernand and that some
dggree of flexibility for the resort is needed. Minor revisions are those that dq.Iot r.gsult in a
sU,bstantial change to the intent or pu4rose of the Resort Plan in eflgct. A change tbat satisfies
the following criteria shall be deemed a minor revision for purposes of this chapter:(a) Involve n-o_m_ore &ar_r_a.!ep. (10) percent increase in the overall sross square
footage of the Resort Plan:(b) Will not have a siqnificantly preater irnoact on the environment and/or facilities
than that addressed in the development plan:(c) Do not alter the boundaries of the aoproved plan:
(d) Do not propose new uses or uses that modiff the recreational nature and inte,qt o-f
the resort.
A change to the Resort Plan may still qualifv as a minor revision under this se-ctign- dggpite its
failure to satisf.v one or more of the conditions (a) through (d) of this section.
(2)
reviewed by the Jeffgrson County de,partnent of comrnmity developmsrt to determine if the
revisions F{e.consistent with the existing Resprt PIgr and Resort Plan SEIS. the Jefferson County
Comprehensive Plan and other pertinent documents. Thoseproposals that satisfu the above-
referenced criteria shall be deqrcOa minor plan revision and mav be administratively approved
(.as a T)pe II decision under the land use procedures of JCC Title 18. Unified Development
Code) bv the director of the departrnent of communitv development. Public notice of the
alplication. the written decision. and appeal opportunities shall be proJided to all persons or
aeensies as required bv the land use procedures of JCC Title 18. Unified Developrnent Code.
Those revisions that do not comply with the provisions contained within this section shall be
desrned a major revision. subject to the provisions outlined in JCC 17.80.080.
17,80.E0 Maialreuciaas.
Revisions to the Resort Plan that will result in a substantial chanee to the resort
including: changes in use. increase in the intensity of use. or in the size. scale. or densitv of
developmeutl sr changeg whiqh_nay_hay_e-a sub,stantial impact on the environme,ntbeyond those
reviewed in orevious environmental documents. are considEred to be major revisions and will
require application for a revised Resort Plan.(l) Application for a Maior Revision to the Resort Plan. An application sha]I be pre?ared
describing the proposed revision in relation to the qpproved Resort Plan ard providine a
framework for review. analysis and mitigation ofthe revised dev.elo.p{nent activity-prooosed. The
Resort Plan revision proposal shall include the followine information:(.a) A desqription of how th-e {eyj.sed.Bgsort Plan would further the goals and policies
set forth in the Comprehensive Plan:
(b) A description of how the Resort Plan revision complements the existinB resort
facilities ofthe MPR:
-7-
(c) A description of the desim and functional features ofthe Resort Plan revision.
settine out holv the revision pro\.ides for unified.deJglopment. inteerated site design and
protection of natural amenities:
(d) A listing of proposed additional uses and/orproposed chanqes to demity and
i.4tensity 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 resgrt:
(e) A description and analysis of the environmental impacts associated with the
proposed revision. includine an analvsis of the cunulative impacts of both the proposed
revision and the approved Resort Plan. and their effects on stmoundiqg propqrties and/or
public facilities:(0 A description of how the proposed Besqrt_Plqr.feyision is intepratod with the
overall Pleasant Harbor MPR and any features. such as connections to trail svsterns.
natural svstems or pree,nbelts, that have been established to retain and enhance the
character of the resort and the overall MPR:(e) A descriotion of the intended phasine of development proiects:
(h) Mapg-drawingsJillqgEe[io_DLo.r_other materials necessary to assist in
understandine and visualizine the desiqn and use of the comoleted proposed
developmEt. ils facilitiqs and Sgrvicqs. pnd the orotection of critical areas:(i\ A calculation of estimated new dernands on capital facilities and services and
thgir relationship to the existing resort and M_P-Rjqmands. includine but not limited to
kansportation. water. sewer and stormwater fasilitiesl and a demonsbation that sufficie,nt
facilitiesgnd services to support the development are available or will be available at the
time development permits are ap,plied for.(2) Maior Revision Process. Major revisions shall beprocessed as_a hearine exarniner
decision (T),,pe IID. with a required public hearing Eior to the decision. Public notice of the
application, the written decision. and appeal opportunities shall be provided to all persons on the
Pleasant Hmbor MPR roster (see JCC 17.60.070) and such other p€rsons or agglciesgs required
bv the land use procedures of ICC Title 18. Unified Development Code. Anv proposed major
revision involvine a change to the boundaries of the MPR zone shall require a Comprehe,nsive
PlatLamendment (a Tvpe V countv commissioners decision) prior to any decision on the Resort
Plan arnendment.(3) Decision Criteria. The hearine examiner mav approve a ma'ior rwision to the Resort Plan
onlv if all the--folLog:i-ng criteria are met:(a) The proposed revision would further the eoals and policies set forft in the
CoEpr.ehgn.sive Plan:
(b) _ No unmitisated probable sig)ificant adverse environmental impacts would be
created bv the proposed revision:(c) The revision is consistent with all applicable development regulations. includine
those established for critical areas:(d) On-site and off-site infrastructure (includine but not lirnited to water. sewer.
storm water and nansportation facilities) impacts have been fullv considered and
mitigated:(e) The proposed re_vision complements the existine resort facilities. meets the needs
of residents and patrons. and provides for rurified development. iritegated site design.
and protection of natural amanities.
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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 ifthe residential uses are integrated into and support the on-site
recreational nature ofthe resort.
(l) Port Ludlow. Port Ludlow Master Planned Resort (MPR). The firS!.enly 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 plarrned 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 Iarge residential community. The entire resort is served by a village
commercial center, which accommodates uses limited to serving the resort and local population.
The master planned resort's internal regulations and planning restictions 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 officiallv desienated master planned resort in the Countv. The Pleasant Harbor MPR is
desiEnated in accordance with RCW 36.704.360 as a new masterplanned resort and is subject to
the proyisions of JCC Title 17. The Pleasant Harbor MPRis characterized bv a eolf course resort
facilitv south of Black Point Road and a marina./Maritime Yillage.and associated housine north
olBlack Point Road. The resort is predominately desiened to serve resort and reueation uses and
has onlv limited full-time occupancy. The resort is served by the Brinnon Rural Center. which
accommodates LAMIRD-scale commercial uses servinq the resort and local population. The
master planned resort's internal regulations and planning restrictions such as codes. covenants
and resbistions may be more restrictive than tle requirements in JCC Title 17. However.
Jefferson County does not enforceprivale codes. covenants and resrictions.
18.15.115 Designation.
"Master planned resort" (MPR) is a land use designation established under the Comprehensive
Plan. The enlf€nfutin€ officially designated master planned resortg in the county gtg{E the Port
Ludlow MPR and the Pleasant Harbor R, provisions for which are codified in JCC Title 17.
The Port Ludlow MPR is adopted pursuantto RCW 36-70L-362 regarding designation of
existing mastsr planned resorts. Pleasant Harbor MPR is adopted prusuant to RCW 36.70A.360
pertainine to new Master Planned Resorts. Designation of any new master planned resods
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 zubject to the
findings required by JCC 18.45.080.
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18.15.120 Purpose and intent.
Jefferson County has a wide mnge of natural features, including climate, vegetation, watetr,
natural resources, scenic qualities, cultural, and geological feah:res, which are desirable for a
wide range ofrecreational users to enjoy. New master planned resorts authorized by RCW
36.704.360 offer an opportunity to 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 daermines are appropriate for developme,nt
as a master plarured resort consistent with the Comprehensive Plan policies and RCW
36.70A.360.
18.15.123 AIIowabIe uses.
The following uses may be allowed within a master planned resort classification authorized in
compliance with RCW 36.704.360:
(1) All residential uses including single-family and multifarnily suuctures, condominiums,
time-share and fractionally owned accommodations; provided, such uses are integrated into and
support the on-site recreational nature of the master planned resort.
(2) Short-term visitor accomrnodations, including, but not limited to, hotels, motels, lodges,
and other residential uses, that are made available for short-term rental; provided, that short-tersr
visitor accommodations shall constitute no less than 65 percent of the total resort
accommodation units.
3) lndoor and outdoor recreational facilities and uses, including but not limited to, golf
courses (including accessory structures and facilities, such as clubhouses, practice facilities, and
maintenance facilities), tennis courts, swimming pools, marinas, hiking and nature tails, bicycle
paths, equestrian facilities, sports complexes, and other recreafional uses deemed to be consistent
with the on-site recreational nature of the masterplanned resort.
(4) Campgrounds and recreational vehicle (RV) sites.
(5) Visitor-oriented amenities, including, but not limited to:
(a) Eating and drinking establishments;
O) Meeting facilities;
(c) On-site retail businesses and services which are designed to serve the
needs ofthe users such as gas stations, espresso stands, beauty salons and spas,
gift shops, art galleries, food stores, real estate,/property management offices; and
(d) Recreation-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 p€rmanent structures to serve as sales offices.
(9) Any other similar uses deerned by the adminishator 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 requirernents:(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.
O) A description of the destination resort facilities of the MPR, including short-term
visitor accommodations, on-site outdoor and indoor recreational facilities, off-site
recreational opportunities offered or provided as part ofthe resort's services, and
commercial and supportive serices provided.
(c) A listing of the proposed allowable uses and maximurn densities and intensities of
use of the MPR and a discussion of how these uses and their distribution meet the needs
of the resort and its users.
(d) A land use map or maps that depict the completed MPR development, showing
the full extent and ultimate development of the MPR or resort and its facilities and
services, including residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified dwelopment, 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 spo@, recreational facilities,
road and parking design, capital facilities, and other components are integrated into the
project site.
(D A description of the environmentally sensitive areas of theproject and the
measures that will be ernployed 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 zurrounding properties, and how its
design and arrangement minimize adverse impacts and promote compatibility among
land uses within the development and adjacent to the development.
O) 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
concurency 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 fuirction at interim stages prior to completion of all phases of
the project and how the project rnay operate successfully and meet its environmental
protection, concurrency, and o&er commifinents should development cease before all
phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
dwelopment agreernent as authorized by Article XI of Chapter 18.40 JCC (Development
Agreernents), and RCW 36.708.170 through 36.708.210. Consistent with JCC 18.40,830(3) and
RCW 36.708.170, the development agreanents shall be prepared by the applicant and must set
forth the developmant 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 (ifapplicable),
visitor-oriented accommodations, short-term visitor accommodations, on-site recrealional
facili ties, and on- site retaiVcommercial servi ces;
(e) Mitigation measures imposed purzuant to the State Environmental Policy Act,
Chapter 43,21C RCW, and other development conditions; and
(D Other development standards including those identified in JCC 18.40.840 and
RCW 36.708.170(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Cornprehensive Plan Land Use Map to a rnasterplanned
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 I E. I 5 JCC (Subarea Plans) and
JCC 18.45.030 may be used if deerned appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurre,nt
with the review of the resort master plan and development agreernent required for approval of a
mastef, planned resort.
(4) Planned Actions. If dee,nred appropriate by the applicant and the county, a master plarured
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C.03 1 and WAC 197 -Ll -1 64 and 1 97- 1 1 -1 68.
(5) Self-Contained Development- All necessary supportive and accessory on-site urbanJevel
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 bormdaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.110.
18.f5.f 29 Application requirements and approval process.
New MPR applications shall be processed as Tlpe V permits under this UDC, requiring
legislative approval by the board of county commissioners and the following:
(l) A draft of the master plan shall be prepared to meet the requirements of JCC
l 8. ls.l26(l).
(2) A request for authorization of a development agreernent, pursuant to the requirements of
JCC l8.t 5.126Q) and Article XI of Chapter 18.40 JCC (Development Agreements).
(3) A request for a site-specific Comprehensive PIan Land Use Map amendment necessary to
meet the requirane,nt of JCC 18.15.126(3) and 18.45.040. [Ord. 8-06 $ 1]
18.15.132 Decision-making authority.
(l) The planning commission, pursuant to its authority specified under JCC 18.40.040 and
18.45.080, shall hear and make recommendations on master plans and site-specific applications
for MPR land use designations on the Comprehensive Plan Land Use Map.
(2) The board of county commissioners, pursuant to its authority specified under JCC
18.40.040, 18.40.850(5) and 18.45.080, shall designate new master plan.'ed 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 agreernent, and approve master
plans.
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IE.l5.l35 Criteria for approval.
An application to develop any parcel or parcels of land as an MPR maybe approved, or
approved with modifications, if it meets all of the criteria below. [f no reasonable conditions or
modifications can be imposed to ensure that the application meets these criteria, then the
application shall be denied.
(1) The master plan is consistent with the requirements of this article and Article V[-D of this
chapter (Environmentally Sensitive Areas Dishict (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 infrashucture, 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 a@ess, public safety, and social and health services, to adequately
meet the needs of the guests and resid€nts of the MPR.
(5) The MPR will contain within the development all necessary supportive and accessory on-
site urban-level commercial and other services, and such serrrices shall be oriented to serve the
MPR.
(6) Environmental considerations :ne ernployed in the desigrq 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]
l8.l5.l3E Pe+t{,udle+vMasterPlannedResort.
The Pe#tradle*v 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, WASIITNGTON AI\D PLEASAITT
HARBOR MARINA AND GOLF RESORT, LLP RELATING TO THE
DEVELOPMENT COMMONLY KNOWN AS TEE
PLEASANT HARBOR MARINA AND GOLF
MASTER PLANNED RESORT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into this _
day ot-_____-_--____- 20l4,by and between PLEASANT HARBOR MARINA AND GOLF
RESORT, LLP, a Washington limited liability partnership (referred to as "Developer")
and JEFFERSON COUNTY (the "County"), a municipal corporation under the laws of
the State of Washington, pursuant to RCW 36J0B,170 -.210.
RECITALS
WHER.EAS, Developer is the owner of real property consisting of approximately
256 acres located within Jefferson County which property is described with particularity
in Exhibit I ("Developer's Property'').
WHERAS, the County approved Developer's application to designate
Developer's Property as a master planned resort pursuant to RCW 36.70A-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 tan years depending upon market conditions and Developer, Jefferson County, and
mernbers ofthe public at large will invest considerable time in the County permit and
review process for the future buildout of Developer's Property.
WHEREAS, the Washington State Legislature enacted RCW 36.708.17G..210 to
strengthen the land use planning process and reduce the costs of development by
authorizing the County to enter into a private agreolent with a landowner regarding the
development of its real property located within the County's jurisdiction.
WHEREAS, the County has determined that this Agreernent will facilitate
ordedybuildout of Developer's Property within the Pleasant Harbor MPR and will
fruther promote growth managernsnt and planning objectives of the County by providing
certainty over time with respmt to permitted densities, uses, development standards and
other aspects of the development review process.
WHEREAS, the Parties to this Agreernent acknowledge the Zoning Ordinance
for the Pleasant Harbor MPR (chapters 17.60-17.80- JCC) is in conformance with the
standards set forth in the Countywide Planning Policies and the Jefferson Cormty
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Comprehensive Plan and is consistent with the goals and requirernents of the Growth
Management Act.
WHEREAS, pursuant to RCW 36.708.200, this Agreement was the subject of a
fifteeir (15) day comment period, which ran to 2014, and a hearing was held
before the Jefferson County Board of County Comrnissioners on 2014. The
BOCC authorized execution of this Agreeme,nt by Resolution No. adopted on
_,2014.
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020.
NOW TIIEREFORE, in consideration of the promises, covanants, and
provisions set forth in this Agreernent, the receipt and adequacy of which consideration is
acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. EFFECTM DATE AND TERM
1.1 Effective Date
The effective date shall be the date of the adoption of aresolution by the Jefferson
Corurty Board of County Commissioners approving this Developrne,nt Agreement,
1,2 Term
The term of this agreement shall be twenty (20) years from the effective date.
1.3 Modilication
This Agreement maybe modified, extended orterminated upon the written
agreement of Developer and the County.
Section 2. DEVELOPER'S PROPERTY
The property covered by this Agreeinent 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 Developrnent Agreanant is attached as Exhibit 2.
Section 3. DEVELOPMENT STAI\DARDS
3.1 Permitted Uses and Density Standards; Tnning
The permitted land uses and developme,nt regulations for development within
Developer's Property are set forth in chapters 17.60 through 17.80 of the Jeffierson
County Code, attached as Appendix A. Dwelopment of Developer's Property shall not
2
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 Comprehosive Plan shall
be the policy guidance and the foundation for all future dwelopment 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 acce,pted by the County for
maintenance and other areas dedicated to the public.
3.4 Critical Area Standards
Critical areas and their boundaries, as well as allowed uses within the critical
areas of the Brinnon MPR shall be determined based upon the Jefferson County Critical
Areas Code, Chapter 18.22lCC. A copy of the Code section is attached in Appendix C.
3.5 Land Division Standards
Platting within Pleasant Harbor MPR shall be pursuant to RCW 58.17 and the
Jefferson County Land Division Code, Chapter 18.35 JCC, and within the tirne frames
adopted by Jefferson County pursuant to the 1995 Regulatory Reform Legislation, ESHB
1724 (ch.347,Laws of 1995), as codified in Pennit Application and Review
Procedr:TeVSEPA Irnplernentation, Chapter 18.40 JCC. A copy of the Code sections are
attached in Appendix D (Chapter 18.35_LCC) and E (Chapter 18.40 JCC).
3.6 Shoreline Master Program
AII future development within the Pleasant Harbor MPR shall be subject to the
Jefferson County Shoreline Master Program, Chapter 18.25 JCC, in effect as of the date
of this Agreanent. A *py ofthe applicable Shoreline Master Program is attached as
Appendix F.
3.7 AdditionalDevelopmentStandards
Additional Development Standards as ide'ntified in Chapters 12.05,12.10, and
18.30 JCC, as they exist as of the date of the adoption of this Agreanent, shall also apply
to the extent they do not conllict with the terms of this Agreement. A copy of the
applicable Code sections are attached in Appendix G.
3.8 Pleasant Ifarbor MPR Water Service
J
Water main extensions and potable water systern 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 requironents, at the time
of installation,of the [water purveyor], the Jefferson County
Coordinated Watff Systan Plan ("CWSP") and the Washington State Deparhnent of
Health and all other applicable laws, ordinances, rules and regulations. A copy of the
applicable CWSP is attached in ABpendlX H.
3.9 Pleasant Harbor MPR Sewer Service
Sewer mains and sewer systan improvernents that maybe required to serve
Developer's Property shall be installed in conformance with the most curran! ap'proved
specifications and requironents of the [purveyor] General Sewer
Plan, as approved by the Department of Ecology, and all other applicable laws,
ordinances, rules and regulations. A copy of the applicable Genera Sewer Plan is
attached in Appendix I.
3.10 Memorandums of Understanding
As a condition to designating Developer's Property as a master planned resort, t}e
County required that Developer negotiate memoranda of understanding or memoranda of
agreernent to provide needed support for the Brinnon schools, fire district, and emergency
medical services to mitigate for the potential impacts associated with the Pleasant Harbor
MPR. Developer secured the following MOUs:
Sheriff--Jefferson County shall provide law emforcement services within
the Pleasant Harbor MPR consistent with the Mernorandum of
Understanding (MOU) attached as Appendix J-3.
Fire and EMS-Fire and EMS services within the Pleasant Harbor MPR
shall be provided by Jefferson County Fire Dishict 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 servicm to the resort are provided by the Brinnon School
Diskict. Mitigation associated with development of the Pleasant Harbor
MPR, if any, shall be determined and paid pursuant to applicable state and
local law as set forth in the MOU attached as Appendix J-l.
a
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a Transportation*Public hansportation services to the resort are provided
by Jefferson County Transit. Mitigation associated with development of
the Pleasant Harbor MPR, if any, shall be daemrined and paid pursuant to
applicable state and local law as set forth in the MOU attached as
A.ppendix J-4.
4
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 Employmant and Construction Materi als-Developer will advertise
and give written notice at libraries and post offices in East Jefferson
County and recruit locally to fill opportunities for contracting and
ernployment. Developer shall prioritize the sourcing of materials from
Jefferson County to develop the Pleasant Harbor MPR. Nothing in this
section shall require that developer utilize materials or labor from
Jefferson County that are not of comparable price or quality to their
counterparts outside of Jefferson County.
a The County agrees that the these MOUs satisfy condition 63(c) of County
Ordinance No. 0l-0128-08 and firther agr€es that Developer will not be
required to provide additional mitigation for these services (law
enforcement, fire and EMS, school, and tansportation, 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 Agreanent.
Section 4.STANDARDS TOR DEVELOPMENT AIID OTHER MITIGATION
BY COIJNTY
4.1. County Processing and Review
The review and approval of proposed development applications proposed by
Developer for Developer's Property shall be purzuant to the Pleasant Harbor MPR
Zonng Code (&pendix A) and the County's Permit Application and Review
Procedures/SEPA Implernentation, Chapter 18.40 JCC, which is attached in Appendix E.
4.2 SEPA Compliance
4.2.1. Prior EIS. 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 lmpact Statement for Pleasant Harbor Marina and Golf
Resort (September 5, 2007);
Pleasant Harbor Marina and Golf Resort, Final Environment Impact Staternent
(Novernber 27,2007);
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Pursuant to Condition 63b of Ordinance 01-0128-08, the Countyrequired a supplernental
impact staternsnt on the planned final configuration of the MPR, and the systems
designed to address the conditions and environme,ntal consequences of the MPR as
identified in the November 2007 FEIS (Chapter 5) and Condition 63 a-dd in Ordinance
0l-0128-08. The SEIS was published in the following documents:
Draft Supplemental Environmental lmpact Statement for Pleasant Harbor
Marina and Golf Resort (_date_);
Pleasant Harbor Marina and Golf Resort, Final Supplemental Environrnent
Impact Statem€,nt (_dateJ,
(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 Euture SEPA Review for lndividual 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, developme,nt permits, grading permits and building permits,
Except as provided in this Section, no further SEPA review is required, and no additional
substantive SEPA mitigation meastnes are required for approvals or permits that
authorize development that is consistent with level and range of development analyzed in
the Prior EISs.
The Cormty 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 futrue 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 modificafion 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 0 I -0 I 28-08 (apgdiXlD, specifi cally
condition 63(b), which requires an automatic threshold determination of significance
unless the SEPA Responsible Official determines that the proposal results in only minor
constuction.
43 Vesting of Development Standards and Mitigation
To the firllest extent allowed by law, all developmant proposed on Developer's
Property shall be vested to and govemed by the terms of this Development Agreemort,
the Pleasant Harbor MPR chapter of the Jefferson County Znning, and the Unified
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Development Code, now codified at Title 18 of the Jefferson County Code including but
not lirnited to, those code standards attached to this Agreement effective on the date of
this Agreernent (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 Agreernent. The vesting period shall be the same as the term of this
Agreernent. 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 Agreernant does
not establish standards or requiranents covering a subject, elernent 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 Agreernent shall apply to Developer's Property
for the tsrm of this Agreement, except:
4.3.1 Public health or safety requirements. The Board of County
Commissioners reserves the authority to modifu 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 safetS as provided in RCW
36.708.170.
4.3.2 State and Federal _Law. This Agreernent does not relieve
Developer of any obligations to comply with state or federal laws or regulations of any
kind, including but not limited to those related to endangered species or stormwater. The
Pleasant Harbor MPR shall not be vested against the application of development
standards imposed by virtue of federal or state pre-ernption of the County's regulatory
authority.
4.3.3 Buildine Codes. Jefflerson County Code Title 15, The
International Building Code and Intemational Fire Code in effect in the State of
Washington as of the date of filing of a complete application for a building permit shall
apply to all new development.
Section 5. PHASING
5.1 Phasing Plan
Pleasant Harbor and Marina Resort is a planned resort that is capable of being
developed in inde,pendent and severable componants or'!hases." Future development of
the Pleasant Harbor MPR and all associated infrastructure, including roads and utilities,
may be reviewed, permitted and consfiucted and/or bonded in phases or subphases- A
phasing plan (consisting of fourphases) 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 l. Phase I consists of the construction ofprimary facilities
needed to service initial construction of the MPR including the large onsite septic systan,
the first water storage tank and piping distribution system, construction of the State Route
101 intersection improvements, tansit stop parking and relocated WDFW access road.
The Maritime Village Building consisting of 66 residential units and approximately
21,000 square feet of comrnercial 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 constnrction 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 teatment plant,
development of a second water well, elechic 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,
reconstnrcting Black Point Road, constructing the sanitary sewer pump stations and force
main, and constucting the majority of the residential units including{D Golf Terraces 2,
3 and 4. Sea View Villas and G comprising 329lAlgl_unit*th#fsix
(36) See V.ew ViIas units; and thirty eight (38) Gelf Vista units, @
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 PreliminaryFacilities
Preliminary facilities are those preliminary facilities or improvements that rnust
be approved and installed in concert with the development of each phase. The
preliminary facilities include the following:
5.2.1 A water system with sufficient water rights to serve the phase
under review and approval.
5.2.2 A sewer systern with 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 phasg whether by preliminary plat or other process, shall
require approval of preliminary facilities for the entire phase. The Developer may
conskuct preliminary facilities for each lot or tract in conjunction with development of
that lot or tract. A final plat for a phase may be recorded by lot or tract provided all of
8
the preliminary facilities necessary to serve the lot or tract are complete and the specific
development requirernents within each lot or tract are complete.
53 Public Amenities and Access
Public amenities and access are those facilities and improvements that provide
resort related activities and services. The Pleasant Harbor MPR shall, at a minimum,
shall contain the following resort amenities (1) an l8-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 Agreeinent 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 Bindine on Successors. This Agreernort shall be binding upon and
inure to the benefit of the successors, successors in title and assigns of Developer and
upon the Cormty.
6.2.2 Assimment. The parties acknowledge that developmant 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
Propfiy and buildings thereon. Developer shall have the right to assign or transfer all or
any portion of the respective interests, rightr or obligations under this Agreernent or in
Developer's Property to other parties acquiring an interest or estat€ in all or any portion
of Developer's Property, including transfer of all interests through foreclosure (udicial or
non-judicial) or by deed in lieu of foreclosure. Consent by the County shall not be
required for any transfer of rights pursuant to this Agreement.
Upon the transfer or assignment under this Section, where the transferee agrees to
assume obligations hereunder pertaining to the property transferrod or assigned, the
transferee shall be entitled to all interests and rights and be subject to all obligations
turder this Agreernent 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 tansfer of
rights to another party and for those portions of the Property still owned by Developer.
6.2.3 Release of Liabilitv. Developer shall be released of all liabilities
and obligafions under the Agreement if: (a) Developer provides notice to the County of
an Assigrunent of the Agreemort and O) the assigned has assumed in writing the
obligations of the Agreement. If the conditions for release are met under this sub-section,
then from and after the date of transfer, Developer shall have no fi:rther 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 Recordingl Release as to Residential Development
This Agreement shall be recorded with the Jefferson County Auditor against
Developer's Propfiy as a covsnant running with the land and shall be binding on
Developer, its successors, successors in title and assigns. Upon the approval of a final
plat, a condominium declaration or other approved land division in compliance with this
Agreernent that relates to residential development of Developer's Property, then there
shall be executed and recorded with the Jefferson County Auditor a release from this
Agreernent with respect to that particular and specific parcel or parcels of real property
that received final plat approval, filed a condominiuur declaration or was the subject of
other approved land division. Residential development on the parcel or parcels released
purzuant to this subsection shall continue to be subject to the requirernents of the
development regulations listed in Sections 3 (all) and 4.1 above.
6.4 Interpretation; Severability
6.4.1 lnterpretation. The parties intend this Agreernent to be interpreted
to the full extent authorized by law as an exercise of the County's authority to enter into
such agreements, and this Agreernent shall be construed to reserve to the County only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. The parties acknowledge the Countyhas police powers,
contracting authority and otherpowers granted by the Washington State Constitution and
by general law, including without limitation home rule charter authority, authority to
enter into interlocal agreernents (see RCW Ch. 39.34), statutory anabling legislation and
authority to adopt development regulations as part of annexations (see RCW
35A.14.330), and the Development Agreernent Statute (see Ch. 347,1995 Wash. Laws,
Part V, $ 501-06).
6.4.2 Severability. If any provision of this Agreernent is determined by
a court of law to be unenforceable or invalid, then the remainder of the Agreernent 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 Agreerne,lrt to
implernent 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 powff and authority to execute this Agreanort.
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 Agreanent by ordinance or resolution and only after
notice to the public and a public hearing.
6.7 Exhibits and Appendices
Exhibits I through 4 and Appendices A through O are incorporated herein by this
reference as if fully set forth. In the eve,nt of any conflict or inconsistency between the
Exhibits and Appendices and the main body of this Agreernent, the main body of this
Agreement shall control.
6.8 Headings
The headings in this Agreernent are inserted for reference only and shall not be
construed to expand, limit or otherwise modiff the terms and conditions of this
Agreernent.
6.9 Time of Ess€nce
Time is of the essence of this Agreernent in every provision hereof. Unless
otherwise set forth in this Agreemurt, the reference to "days" shalJ mean calendar days.
If any fime for action occurs on a weekend or legal holiday, then tbe time period shall be
extended automaticallyto the next business day.
6.10 Integration
This Agreement represents the entire agreCInent of the parties with respect to the
subject matter hereof. There are no other agreernents, oral or writte,n, except as expressly
set forth herein.
6.lI DisputeResolution
In the event of any dispute relating to this Agreement, all parties upon the written
request (to be titled 'Notice of Dispute') of any other party, shall meet within the five (5)
business days to seek in good faith to resolve the dispute. The Cotmty shall send a
departrnent director or the qualified lead planner and other persons with information
relating to the dispute, and Developer shall send an ownetr's representative and any
consultant or other person with technical information or expertise related to the dispute.
If the parties are unable to reach amicable resolution of a dispute within thirty (30) days
of the written Notice of Dispute issued by one of the parties, the parties agree that they
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 experiarce. Each party will identiff and propose to the other party three
potential mediators. Between the proposed mediator lists, the parties will select a
mutually agreeable mediator to resolve the dispute. The mediation shall be complaed
within 90 days of the original written Notice of Dispute by one of the parties. If the
parties are unable to reach a resolution following timely mediation, each party reserves
the right to seek resolution and pursue remedies available under this Agreement and at
law. The parlies agree that the cost of mediation pursuant to this paragraph shall be
borne equally by the parties to this Agreeme,nt. 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 Agreanent unless it has failed to perform a
material provision wrder this Agreement for a period of thirty (30) days after written
notice of default from any other party. Each notice of default shall speci$, the nature of
the alleged default and the manner in which the default may be cured satisfactorily. If the
natme 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 Agreernent shall have all rights and rernedies provided by law including
without limitation damages, specific performance or writs to cornpel performance or
require action consistent with this Agreement. In recognition of the possible assignment
and sale of portions of Developer's Property (see $ection 6.2.2) any claimed default shall
relate as specifically as possible to the portion of the Property involved and any remedy
against any party shall be limited to the extent possible to the owners of such portion of
rernedies which do not adversely affect the rights, duties or obligations of any other non-
defaulting owner of portions of Developer's Property under this Agreonent. 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 Agreerne,nt has been reviewed and revised by legal counsel for all pmties and
no presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcernent of this Agreerne,nt.
t2
6.15 Notice
All communications, notices and dernands of any kind which a party under this
Agreernent 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 Departrrent of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc Board of Cormty Commissioners
P.O. Box 1220
Port Townsend, WA 98370
To Pleasant Harbor Marina and Golf Resort, LLP and Pleasant Harbor Marina, LLC:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E> Raintee 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 certiffing that: l) this Agreement is in full force and effect and stating any
formal amendments to the Agreernent;?)lo 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 inforrnation. Failure
to provide a timely response to the requesting party shall be desmed conclusive evidence
that the Agreernent is unmodified and in full force and effect and that no notices of
default orviolationhavebeen issued. Issuance ofestoppel certificates is an
administrative matter within the County. The County shall have no liability to the
requesting party if it provides an estoppel certificate in good faith and with reasonable
care.
6.17 Cooperation
The parties shall not unreasonably withhold requests for information, approvals or
conserts provided for in this Agreement. The parties agree to take further actions and
execute further docurnents, whether jointly or within their respective powers and
authority, to implernent the intent of this Agreernent,
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
Agreernent shall protect, deferrd and indemnifu and hold harmless the other party and its
officers, agents and anployees, or any of thern, frorn and against all claims, acfions, 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 negligant 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 judgmant is rendered
against the other party or parties or their officers, agents or anployees or jointly the
parties and their respective officers, agents or employees, the parties whose actions or
omissions give rise to the claim shall satisfu the same, provided that, in the event of
concurrent negligence, each party shall indernniff and hold the other parties harmless
onJy to the extent of that party's negligence. This indernnification 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 arry party of any term or condition of this Agreement shall be
deerned or constn:ed 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 Agreernent.
6.20 No Private CCR Enforcement by County
The parties acknowledge and agree that nothing in this Agreernort shall alter,
infringe upon, modifu, change, limit or restrict the ability or powers of the existing
neighborhood, tact or subdivision property owner or lot owner associations from
anforcing, interpreting and utilizing any and all covenants, conditions or restrictions that
pre-exist this Agreement or covenants, conditions or restrictions recorded with the
Jefferson County Auditor after the effective date of this Agreement.
The parties fudher aclnowledge and agree that Jefferson County bears no
responsibility for the enforcement, interpretation or resolution of any dispute, filing,
grievance, complaint or appeal that might arise as a result of recorded covenants,
conditions or restrictions relating to tracts, subdivisions, Iots or parcels rnithin the
Pleasant Harbor MPR.
6.21 Entire Agreement
This Development Agreement consists of the Resolution approving the
agreement, the Agreernent pp. l-17, Exhibits 1-4, and Attachments A-O.
t4
JEFFERSON COUNTY
Jefferson County Board of County
Conrmissioners
Chair. John Austin
Member. David Sullivan
Mernber. Phil Johnson
15
APPROVED AS TO FORM:
Prosecuting Attomey
Carl Smith
Director of Community Developmort
PLEASANT HARBOR MARINA AND
GOLF RESORT, LLP
Attachrnents:
Exhibit I - Legal description of Pleasant Harbor Marina and Golf Resort, LLP Property
and Pleasant Harbor Marina, LLC Property
Exhibit 2 - ZoningMap of Developer's Property (to be supplied)
Exhibit 3 -Pleasant Harbor Marina and Golf MPR Land Use Map (recordable version of
Comprehensive Plan map)
Exhibit 4-Phasing Plans
Appendix A - MPR zoning chapter, Title l7 and 18 as amended
Appendix B - Stormwater Management Code, Chapter I8.30.070 JCC
Appendix C - Critical Area Code, Chapter 18.22|CC
Appordix D - Land Division Code, Chapter 18.35 JCC
Apperrdix E- tand Use Application Procedures Code, Chapter 18.40 JCC
Appendix F- Shoreline Mastq Program, Chapter 18.25 JCC
Appendix G - Additional development standards, Chapters 12.05,12.10, and 18.30 JCC
Appendix H - Water Senrice Plan [from SEIS]
Appendix I - Sewer Service Plan [from SEIS]
Appendix J - Memorandum of Understanding
l. Schools
2. Fire/EMS
3. Police/Public safety
4. Transportation
5. Health Care
6. Housing
Its:
t6
STATE OF WASHINGTON
COI.JNTY 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 instrurnent to be the free and voluntary act and deed of said limited liability company
for the uses and purposes therein mentioned, and on oath stated that he was duly elected,
qualified and acting as said officer of the limited liability company and that he was
authorized to execute said inskument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year
first above written.
Dated this _ day of 2014.
(Signature ofNotary)
(Pnnt or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My Appointment Expires:
)
)
)
SS
t7
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 westedy of US
101, and together with leased tidelands supporting the Pleasant Harbor Marina; all as
illustrated at Figure l-5, page 1-4 of the Briruron Master Planned Resort FEIS iszued
Noveinber 27,2008.
Parcel A APN 502153002
The Northeast % of the Southwest % of Section 15, Township 25 Nortlr, Range 2 West,
W.M., in Jefferson County, Washington;
Together with a perpetual non-exclusive easement for road and utility puposes through,
across and over the following described property:
Beginning at the Southeast comer of the Southwest % of the Northwest % of said Section
15;
thence run West, along the South line of said Southwest % of the Northwest %,
approximately 175 feet to the Southerly line of Black Point County Road;
thence Northeasterly, along said Southerly line, to a point 30 feet North of said South line
when meastued at right angles;
thsnce East, parallel to said South line, to the East line of said Southwest Yo of the
Northwest %;
thence South 30 feet to the point of beginning;
And over and across the West 30 fest 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 Y, of the Northwest % of the Southwest % of Section 15, Township 25 North,
Range 2 West, W.M., in Jeffsrson County, Washington;
Except that portion thereof, llng 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. 7ogl7, 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 ZZ,bothin Township 25 North, Range 2 West, W.M.,
Jefferson County, Washington, described as follows:
The Southwest % of the Southeast % and Govemment Lot 7 of said Section 15, and
Govemment Lots 2 and 3 of said Section 22;
Except those portions thereof Iying East of the West line of the East 695.00 feet of said
Southwest tA of the Southeast tA, and East of the Southerly prolongation of said West
line;
Also Except that portion of the West 100.00 feet of said Government Lot T,lyrng
Southerly of the North 539.00 feet thereof.
Together with tidelands of the second class, as conveyed by the State of Washington,
siruate in fiont of, adjacent to and abutting upon the West % in width of said Govemment
I,ot2, in said Section 22.
Situate in the County of Jefferson, State of Washington.
Parcel D APN 502154002
That portion of the Norlhwest Yo of the Southeast % of Section 15, Township 25 North,
Range 2 West, W.M., Iying Southerly of the Black Point Road as conveyed to Jefferson
Countyby deed recorded under Auditor's File No. 223427, records of said County;
Except that portion described as follows:
That portion of the Northwest % of the Southeast % of Section 15, Township 25 North,
Range 2 West, W,M., described as follows:
Beginning at a point of intersection of the East line of the Norttrwest % of the Southeast
% and the Southerly margin of the Black Point Road;
lhence South along the said East line, a distance of 300 feet;
thence West 350 feet;
thence Norttr to the point of int€rsection with the Southerly margin of the Black Point
Road;
thence Easterly along said Southerly margin to the point of beginning.
Situate in the County of Jefferson, State of Washington.
Parcel E APN 502152005
That portion of the Southwest % of the Northwest % of Section 15, Township 25 North,
Range 2 West, W.M-, described as follows:
2
A strip of land 250 feet wide lying Easterly of and parallel to the Southeasterly right of
way of State Highway 101;
Except the right of way for Black Point Road as conveyed to Jefferson County by deed
recorded under Auditor's FileNos. 223427 and 410399, records of Jefferson County,
Washington.
Also Excepting Therefrom the following hact:
Beginning at the Southwest corner of Government l,ot 3;
thence North 88" 23' 07" West 308.1 4 feet to the Southeasterly right of way of State
HighwayNo. 101, and the tnre point of beginning;
thence Southwesterly along said Highway,ll7 feel
thence South 88o 23' 07" East, to a point 175 feet West of the high tide line;
thence Northeasterly to a point on the North line of the Southwest % of the Northwest %,
100 feet West of said high tide line;
thence North 88o 23' 07" West to the true point of beginning of this exception.
Situate in the County of Jefferson, State of Washington.
Parcel F APN 502157014
Lot I of Watertouch Short Plat, as recorded in Volume 2 of Short Plats, pages 205 and
206, records of Jefferson County, Washington, being a portion of Section 15, Township
25 North, Range 2 West, W.M., Jefferson County, Washington.
Situate in the County of Jeffersorg 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.
J
Parcel I APN 502152013
Lot 1, Pleasant Harbor Marina Short Plat, as per plat recorded in Voluure 2 of Short Plats,
pages 221to223 and amended in Volume 3 of Short Plats, pages 8 to 10, records of
Jeffsrson C ounty, Washin gton,
Except that portion of Lot I described as follows:
That portion of Govemment Lot 3 abutting second class tidelands in Section 15,
Township 25 North, Range 2 West, W.M., Jefferson Cormty, Washington, beingmore
particularly described as follows:
Commencing at the North t/a corner of Section 15, Township 25 North, Range 2 West,
W.M., Jefferson County, Washington;
thence South 88o l3' 42" East along the North line of said Section l5 for a distance of
364.50 feet to the point of beginning;
thence continuing South 88" l3' 42" Bast238.76 feet to the line of mean high tide;
thence South 61." 12' 00" West along the line ofmean high tide 34.78 feet;
thence North 40o 4l' 54" West along the line of mean high tide 3.31 feet;
thence South 62" 36' 19" West along the line of mean high tide 26.83 feet;
thence South 87" 54' 36" West 166.65 feet;
thenee North 21" 2l ' 05" West 43.00 feet to the point of beginning.
And Also Exce,pting 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.
PrrcelJ APN 502152012
LotZ, 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 o{, adjacent to and abutting thereon.
Situate in the County of Jefferson, State of Washington.
Parcel KAPN 502153020
Those portions of the Southwest % of the Southeast % of Section 15, and Government
Lot 2 of Section2?, both in Township 25 Nortlr, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 345.00 feet of said Southwest % of the Southeast %, as measured along the
North line thereof;
4
Together with that portion of said Goverffnent Lot 2lying East of the Southerly
prolongation ofthe West line of said East 345.00 feet;
Situate in the County of Jefferson, State of Washington.
Parcel L APN 502153021
Those portions of the Southwest % of the Southeast % of Section 15, and Govemment
Lot 2 of SecttonZZ, 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 tA of the Southeast %, as
measwed along the North line thereof.
Together with that portion of said Covernment Lot 2 lying East of the Southerly
prolongation of the West line of said East 520.00 feet and the West of the Southerly
prolongation of the East line of said East 345.00 feet.
Situate in the County of Jefferson, State of Washington.
Parcel M APN 502153022
Those portions of the Southwest % of the Southeast % of Section 15, and Government
l,ot 2 of SectionZZ,both in Township 25 North, Range 2 West, W.M., Jefferson County,
Washington, described as follows:
The East 695.00 feet less the East 520.00 feet of said Southwest % of the Southeast %, as
measured along the North line thereof.
Together with that portion of said GovernmentLot?lying East of the Southedy
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
3089tt US llvy l0l, Dlnmr WA 91320
(360)
'e646r
I (EOO) 147-3{79
For: (!66)
'4f,.,6laPLE/ASANY HAF|BOR.- - iJ^(rtriar.rad!{t!(:s\1RT .- --'..
Septcmber 29 2010
MEMORANDTJM OF TNDERSTANDINC
Housing
THIS AGREEMENT, by and between Plcasaat Harbor Mmoa aad Golf Resort LLP (Company)
ard Jelfason County is design€d to addrecs impacs assmiatcd with development of the Pleasant
Harbor Marina and Golf Rcso,rt (Rcson), now rmds regulatory rwiew by the County, not
addrcsscd by incrcasod rwerue fom the prcposed Reson and subject to supplernental mitigation
to assure coocun€ncy in accordance with the orrdinance of approval, ffiinance 01-0I2E-08,
paragaph 63(c), which provided a requireinenl that thc SEIS review mernoranda of
understanding on appropriate mitigation for thc following:
To provide neoded support for the Brinnon Schoof Fire Disrict, Emergency Service (EMS),
Staff llouginr. Policc, Public Health, Prks and Recrealion and Transh. . .
And Condition 6](gJ which stat€s, 'The devcloper shall commision a studv of the number of
iobs cxpc'cted to be created as a direcl or indircrt resuh of tho MPR that earn 80% or less of the
Bnnnon area average median income (AMI). Tlre develoner shall urovide sflordable housine
(e. e.. no morc thaJl 30-vo of household incoure) for the Brinnon M.PR wor\ors roughly
profrrrtional to the number of iobs created that eam 80% or lcss of the Brinnon area AMl. Thg
dcvelooer mav satislv this conditioo throueh dedicatlsn oftand. pavmcnt ofin lic.tr f'cc. or onsite
hrnrsine develogmenl.
Horsine
Rcntal bousing in the Brinnon uea is limited as described in Section 3.5.6 of thc Final
Environmeotal lmprct Soternenr for the Propmed Brinnon Mastcr Plamod R€sort (FEIS)
(November 27,2W7). Thc Rcsort will takc thc following sleps to miligate housing impacts
related lo the Rcsort dcvclopmcot:
l. Duriog construction, construction workss will hsve access to @e{rsirt:{t-tho
existing 60-unit RV facility on sile as staled on pagc 3-65 of the FEIS.
Z. ()ncc constnrto{ bv ablc stalT}ousinq (not more thao
30% o[ income) will be availablc to accommod*c a dovelepetl-eesdilior wor*force
Jlsutd 104 to 208 erpplo),ces (52
u{+t$-). This will bc located al'xrvein the ag!r.L-_qg!!c1_}'+,ri{r{r.slrni"c €+i+di**e/Staff
Qancrs, a mufti-use struchro in the golf coursdresort area,-+l+Ie--sire-designC-+e
rninimizs thrr imp To cornolv rvith the rough proooilionalil), mder
Crxrdition 63(e). drosc I'ull-time sta(I'who make les.s than S34.143 (Eff26 of the Brinnon
AMI) annuallv ond who are not ablc -ebleto teside on-sitc in the StaffOuarlcrs duc kr 1'ull
occuoapcv..shall be comocnsated bv the resort devckrocr.icDcrator for the differerrce
bctwecn their off-site rental expens-c that is ovcr 307. of their monthlv take-home waqe.
3. Scnior managemcnt will be housed in the Golf Chalets adjacenr o Terrace Building l.
4. Booking Staff will be housed in assigred suites, within the pmposed Maritimc Village at
tho int€rsection of Blaok Point Road with U.S. Highway l0l, to accommo&te laie
arrivals. Full-Tin:rcBookinqstalTr*hodonoteamrnorcthan$34.t43snnuollvshall not
oav more than 307u oltheir take-hnme uronthly income lbr housine.
ForEr.ttdl Inont: lrE, 0'
ForEatHr In&rt ltft: 0"
Aoorovcd Bv Jefferson Countv
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IOTAL 7
Pl.asant Harbor Flnal SEIS
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Chapts 5*2
Summary of Comments
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AN ORDINANCE APPROVING ONE
COMPREHENSIVE PLAN AMENDMENT,
FILE NUMBER
MLA06-87 [STATESMANI
STATE OF WASHINGTON
County of Jefferson
l
)
l
l
OrdinanceNo. 01-0128-08
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required
by the Growth Management Act ("the GMA"), as codified at RCW 36.704.010 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:
l. 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 in2004.
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
ffi"?
Jr,?.,m)
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."
This particular amendment "cycle" began on or before March 1,2007, the deadline for
submission of a proposed CP amendment.
MLA06-87 was timely filed on by March 1,2006, and carried over to the2007 cycle in
December 2006, because a separate environmental impact statement was deemed
necessary, and this work could not be performed in 2006.
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.
The Planning Commission and the Board of County Commissioners held ajoint workshop
on April 4,2007 to provide an opportunity for the site-specific CP amendment applicants
to make public presentations on their proposals.
The Planning Commission held a duly-noticed public hearing on the Preliminary Docket
on April t8,2007.
The Planning Commission completed its recommendation on the Preliminary Docket on
April 18,2007, recommending that all nvelve original CP amendment applications be
placed on the Final Docket.
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.
The Board established the Final Docket on May 14,2007 as nine site-specific amendments
plus one suggested amendment.
The Department of Community Development @CD) 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.
4
5
6
7
8
9
10.
11.
t2.
2
13.
14.
15.
16.
t7
18.
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
3
19.
The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact
Statement (FEIS) were undertaken and generated pursuant to the State Environmental
Protection Act (SEPA) and a determination by the SEPA-responsible offrcial that the
proposed 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.
The FEIS was prepared in confonnance with SEPA requirements and the amendment in
this ordinance is the alternative identified in the DEIS as "the proposal."
The Planning Commission held a duly-noticed public hearing on MLA06-87 (Statesman)
on October 3,2007. Oral public comment related to this proposed amendment was taken
during the public hearing, and written comments were accepted through the close of
business on October 24,2007 .
The Planning Commission deliberated on MLA06-87 at special meetings on October 31,
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.
The above statements indicate that the proposed CP amendment was and is the subject of
"early and continuous" public participation as is required by GMA.
The Planning Commission recommendations were transmiued to the Board through formal
memoranda dated November 28,2007, and are part of the record for the legislative
decision.
20
2l
22.
23
24
25
27.
28.
26
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.
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 staffresponses 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.
The FEIS detailed mitigating conditions resulting from these comment letters as specified
in Chapter 5, overall representing a meticulous and thorough response to lhe concerns of
the citizens and agencies, precisely what is intended by SEPA.
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.
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.
The final DCD staff recommendation did not match the Planning Commission
recommendation for approval, having different proposed modifications attached.
On December 10, 2007, the Board signed Resolution No. I 13-07 extending the timeframe
for the legislative decision on the proposed amendment to January 14, 2008.
All procedural and substantive requirements of the GMA have been satisfied.
The Board of County Commissioners deliberated and decided to approve the Statesman
proposal on January 14,2008.
DCD staff presented to the Board a l4-step process for decision-making. Step l: It was
moved and seconded "to approve the Statesman proposal as revised with conditions, and to
amend the Jefferson County Comprehensive Plan on pages 3-23 and3-45.
29.
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 21,2007
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.
3 1. 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 MP& 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 Policies24.l-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 senres to
satisff the condition laid out in the CP at LNP 24.4, found at p. 3-65 of the CP. The area is
5
35.
36.
37
38
39.
4t.
40
zoned Rural Residential and not Commercial Forest under the Growth Management Act,
and therefore this finding is not required within the proposal.
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.
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.
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,
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.
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.
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.
The Board affirmed that decision-making authority is granted to the Board under JCC
18.15.L32, 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 fonh 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 flrnal determination always rests with the Board.
45. Steps 9-14: The Board determined that the procedural requirements of JCC Section
18.45.080(2Xc), in which for all adopted amendments the Board shall develop findings
and conclusions which consider the growth management indicators set forth in a) JCC
Section 18.45.050(4Xb) (i) through (vii, and b) items (i) through (iii) in JCC Section
18.45.080(1Xb), 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
staffto prepare this ordinance, provide for legal review, and prepare a record identiffing
all components of this CP application process.
48. Further, the Board voted unanimously to amend the CP.
49. JCC Section 18.45.080(l)(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
51.
52
s3
54
55.
56
57
indicators are augmented by the September 5, 2007 staff findings and conclusions, except
when and as noted below.
With respect to JCC Section 18.45.050(4XbXi), which asks whether assumptions regarding
growth and development have changed since the initial CP adoption, the Board 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.
With respect to JCC Section 18.45,050(4)(b)(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.
With respect to JCC Section 18.45.050(4xbxiii), 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.
With respect to JCC Section 18.45.050(a)@)(iv), which asks if any of the assumptions on
which the initial CP was based have become invalid, the Board concludes that the
assumptions upon which the CP is based have generally not changed.
With respect to JCC Section 18.45.050(a)OXv), which asks if any of the countywide
attitudes upon which the CP was based have changed, the Board concludes that the
countywide attitudes have not generally changed since this CP amendment was submitted.
With respect to JCC Section 18.45.050(a)@)(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.
With respect to JCC Section 18.45,05O(a)@)(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.
59
Pursuant to JCC Sections 18.45.080(2)(c) and 18.45.080(lxb), the Board finds that:
(l) Circumstances related to the proposed amendment and/or the area in which it is
located have not substantially changed since the adoption of the Jefferson County
Comprehensive 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.
In addition to the required findings set forth in JCC Section 18.45.080(1)O), 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(lXcXi)
through (viii).
Pursuant to JCC Section 18.45.080(l)(c), the Board enters the following findings:
(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.
60
9
61
62
63
(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
36.704 RCW), the Countywide Planning Policy for Jefferson County, applicable inter-
jurisdictional policies and agreements, and local, state and federal laws.
Master Planned Resorts are govemed 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."
MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for
a Master Planned Resort (tvIPR) designation. (See Exhibit A for the complete legal
description and Exhibit B for a map.)
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-ll-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)1, particularly conditions d, e, I 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
(MO[I) 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 benveen 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 ofjobs 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 ofjobs created that earn 80% or less of the Brinnon area
AMI. The developer may satisry 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 culfural 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.
l) A wildlife management plan focused on non-lethal strategies shall be developed in the
public interest in consultation with the Department of Fish and Wildlife and local
tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub-
Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the
potential for vehicle collisions on U.S. Highway 101, to reduce the conflicts resulting
from wildlife foraging on high-value landscaping and attraction to fresh water sources,
to reduce the dangers to predators attracted to the area by prey or habitat, and to reduce
any danger to humans.
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 infrastrucfures 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
l0l and as appropriate on the shoreline. Statesman shall record a conseryation
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.
0 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 satisff 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 satisff the
intent of JCC I 8. I 5. 13 5(6), and with special emphasis at the Maritime Village, the
buildings should be constructed and placed in such away 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., l0 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.
t4
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) ZoneB-l standards
for the MPR. These standards are recommended for "areas with intrinsically dark
landscapes" such as national parks, areas of outstanding nafural 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 65Yo
to35%o of rental and time-shares to permanent residences per JCC 18.15.L23(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 identi$
techniques to mitigate such emissions through sequestration and/or other acceptable
methods.
dd) Statesman Corporation is encouraged to work with community apprentice groups to
identiff and advertise job opportunities for local students.
l5
NOW, THEREFORE, BE IT ORDAINED as follows:
Sec-tion 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 si-ze 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 incl-ude new facilities such as a golf
course, a restaurant, a resort center, townhouses,
vilLas, staff housi.g, 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. I 13-07. 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 2Bth day of JanuarSz 2008
JEFFERSON COUNTY BOARD OF COMMISSIONERS
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ArrEsrl v55t u.livan
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Deputy Clerk of the Board
Approved as to form:
David Alvarez, Deputy
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Attomey
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ExhibitA Ondinance No. 0f-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 l0l,
and together with DNR leased tidelands supporting the Pleasant Harbor Marina.
PARCEL A:
?he NorEheasE L/4 of Ehe gouE,hwe6t t/q oC Scct,ion 15, ?ownshlp 25NorEh, Range 2 Wegt, W.M., ln .rcfferson County, t{lashingBon;
TOGETi{ER WIT}I a perpet,ual non-exclueive%Esements for road anduttllEy purpos€€r through, acroo€ and over Ehe fpllowlng dercribed
propert.y !
Beginnlng aE che goutheaaE corner of che sout,hwest 1/4 of Ehe
NorEhweat L/4 of eald Section 15rthence run l{eat, along the gout.h line of eaid Southvest. L/4 ot
Ehe No:'!]tweet L,/.1 , approximagely 1?5 feeg Eo Che Southerly lirre
of Blaek Point eounty Road;
chence Noruheast,erly, along gald SouEhcrly 1lne, to a point 30
feeE North of sald South line when meaoured aD rigrhu anglee;thence Eaai, parallel Eo said SouE.h line, to the Eaet, line ofeaid Sout,hwesE 1/{ of che Northweec L,/{,'thence 9ouEh 30 feets to t,he polnE of beglnnirrg;
AND ower and acroae Ehe Weet 30 f,eoE of, ths SouEh 30 teet of,
Government. LoE { In aatd Sectlon 15.
SlEuaEs in Ehe eounty of .lef,fcreon, gtate of Washlngcon.
PARCEL B:
The East L/2 of lhe Northwest. 114 of che Sout,hweet 7/4 oE Section
X.5, Townehip 25 NorEb, Range 2 we3t, W,M., in Jetfer6on eounty,
WaohingEon,.
sxcEPT Ehac porE,lon thereof, lying wlEhin a strip of land
conweyed tso Ehe steta of Wa€hlngEon, for gtaee Road No. 9,
Duckabush Rlver-Nort,h Seccion, by dacd dated Augruet 28. 1933, andrecorded under Audltor's F1le No. ?0817, recorde of Jeffersoneounty, Washinqton.
SlBuate In the County of Jefferson, 6batc of WaehingEon.
99999 -97 7 4 TLEGAL I 3 889965. I
PARCEL C:
Those portions of SecBlons 15 a'rrd ZZ, both in Township 25 Norch,
Range 2 Wesc, W.M., Jefferson County, WaghingLon, described as
folLows:
The SouEhweet L/a of the Sout,heaet l/4 and Government l,oE I of
sald Sectlon 1.5, and Government Ilotg 2 and 3 of said Section 22i
EXCEPT chose porcions t,hereof lyj.ng East of the West line of rhe
EaEc 695.00 feet. of, said Southlregt, L/4 ot Ehc Southeaot, l/e, and
EaEt of the Southerly pro).ongaEion of gaid Wesb llne;
AIJSO EXCEPT Ehat portion of t,he Vlest 100 .00 feet of
Government Lot 'l t lylng Southerly of Ehe Noruh 539.00
Ehereof.
Eaid
feet
TOGEIHER I{ITH bidelands of Uhe Second Claee, as conveyed by che
Scate of WashingEon, slEuate in front of, adjacent to and
abutEtng upon the l,IeEu l/Z tn width of said GovernrnenL LoE 2, ln
said Sect.ion 23.
Slt,uate in Lhe CounLy of ,Jeffereon, State of washingeon.
PARCEI, D:
Tha,; porLion of che Northwest 1,/4 of the SouEheast, 1/4 in Section
15, Townshlp 25 North, Range 2 West W.M., lying SouEherly of Bhe
Black PoinL Road as conveyed to *Jefferaon County by deed recorded
under AudiEor's !'11e Nos ?23427, recorde of eaid Coun[y;
EXCEPT thaE porEion deeeribed ae follows:
?hac port,ion of the Norchr+eBt, V4 of Ehe Southeasl L/4 of SecEion
15, Township 25 North, Range 2 Weet, !f.M., described as followE:
Begtnnlng at the polnt, of int,ersectlon of sh€ Easb line of the
Northwegt, L/4 of the goutheast l/4 and the Sout,herly margin of
the B1ack Point Road;
thenee Soueh a3,onE che said Eaeu llne, a disEance of 300 feet;
Ehence Weet, 350 feeL;
thence North Eo t.he Poin: of intereeetion wleh. ehe Southerly
margln of E.he Black Polnt Road;thence EaeEerly alpng sald Southerly margin uo the PoinE at
Beginning.
Sltuat,e in the CounEy of ,Iofferson, State of Washingtson.
99999 -97 7 4tLEcAL I 3889965. I
PARCEL EI
That portion of Ehe SouEhwesE 1/4 of r-he Northweet. t/4 of Sectiorr
l-5, Townohlp 25 Nort,h, Range 2 trest, W.M., aa f,ollowe:
A strtp of land 250 feec wide lying Eascerly of and parallel to
t,he Sout,heasEerly rlghE-of-way of StaEe Hlghway I01;
EXCEpf Eh6 rlghE of way for Black Polnt, Road aa conveyed to
Jetferson County by deed reeorded under AudiEor'e Fil.e No. 223427
and 410339, records of Oeff,erson CounEy, Washington-
ALSO EXCEPTING THEREFROM E,he Eollowing deacrlbed tract I
Beglnning aE Ehe SouEhweEt, corner of GowernmcnE troE 3..
Lhence w6rth 88" 23'0?n wesE 308.14 feet uo Ehc SouEheasterlyrighc-of-way of gEate Highway No. I01, and Ehe TRUE POINT OF
BEGINNING;
Lhence SouEhweslerly along satd ttighway. 117 feeE,
Ehence SouL.h 88' 23' O?o Ea6t, eo a poinr 1?5 f,eet WeEl, of Ehe
hlgh Eide line;chence Northeaatrerly Eo a poinE on thc Nort,h line of Ehe
Southwest t/+ ot, Ehe Northweet 1/4, 100 f,eeE weEE of aatd hlgh
tide Iine,.
rhence Nort,h 88 o 23'o?tr ?IeEt to the TR.[E POrNT OF BEGINNTNG of
EhLs exceptlon.
siEuatse ln the eounLy of r,feffereon, St.aE€ of Washlngeon.
FARCEL F:
LoE 1 of wagertouch shorE P1ac, as recorded ln Vol,ume 2 of ShorcPlacs, pagea 205 and 206, recorda of ,fefferson CounEy,
Washington, being a porElon of Seetion 15, Tovrnship 25 NorEh,
Range 2 9lesE, 9f ,M., .fefferson CounLy, YlaehingE,on.
Sit,uaEe 1n che County of .Iefferaon, SEaE€ of WaehingEon..
PARCEI, G T
Lot, 2 of wagertouoh short PIat, as recorded ln Volume 2 sf, ShortP1at,s, pageo 2o5 and 206, recorde of Jef,ferson County,washingtoo, beLng a porCl.on of geeEion 15, township 25 North,
Range 2 weBt,, W.M. , rleffarson Counuy, wa6hinEton.
Sit,uate 1n t.he County of Jeffereon, State of tJaghingEon.
99999 -97 7 4 lLEGAL I 3889965. I
PARCE], H I
l,or 3 of glaEert,ouch thort PLaEr as rucorded in Vo1ume 2 of BtrortPlats, pagreg zos and 206t recorda of Jeffereon CounEy,
l'lashlngEon, being a portion of Sectlon 15, Township 25 NorEh,
Range 2 WesL, W.M., ,feffereon CounEy, tlashingbon.
Sit,uate in E.he County of Jefferson, 6taEe of Washington.
PARCEI.I I :
Lot. 1., Pleasanu Harbor Marlna ShorE Plat, aE per plat recorded ln
Volume 2 of Shorb Plate, pagea 221 to 223 and amended In Volurne
3 of Short PlaE,s, pageg I to 10, records of ,feffereon Countyr
I'Iashington, EXCEPT that porLlon of lob I described ae foLlot,s:
That porLion of Government Lot 3 abuEtlng 2nd clasg t,ldelands in
Section 15, Townshlp 25 Nort,h. Rang6 2 West, !{.14., ,Ief ferson
Ccuncy, WashlngEan, belng more particularly described ae followsr
Commencing at Ehe NorEh L/4 corner of Sect,ion 15, Totrnahip 25
NorEh, Range 2 WpsE, W.M., rfeffereon County, ttaehingEon;
Lhence South 88- 13'{2r'East along Che NorEh llne of said
SecLion 15 for a dietance of 364.50 feet, to the point of
beglnning;
thence cont,inuing Sor-lch 88o 13, 42,t EasE ?38.?5 feet, t.o Ehe }lne
of mean high ride;
thence SouEh et'iz,o0r' gtest along uha l.lne of, mean high E.ide3{,78 feeE;
Ehence North 40' 41, 5.1" lrfegt along rhe tlne of mearl high uide3.3L feet;
Ehence SouEh 62" 36, Xgn West along the line of mean hlgh Eide
26.A3 feeE,.-
Ehence Souch 870 54
t,hence Nort h 21 "
beginning.
AliD AL,SO EXCEPTING Second CLaea Eldeland as conveyed by the St,at,eof l,Iashinguon, in fronE of , adjacent Eo aad abuttlng Ehe abovedeecribed excepued uplands.
Sit,uat,e in Ehe County of .Tefferson, SEate of WaghingEon.
' 35rr Weet 155,65 feet;2tr' 05't hlest. 43 . 00 f eeE, to Ehe point of
99999 -977 (LEGAL I 3 889965. r
PARCELT J r SOZtaa,xZ
IJoE 2, PleaeanE Harbor Marlna ShorE P1aE, ae per plae rccorded in
Volume 2 of Short, Pl-aE,s, page6 221 through 223, and amend€d ln
Volume 3 of Short, F1atss, pageu I through 10, recorde of.fefferaon
CounLy, Waahtngt,on.
TOGETHER WITH second clase tidelande, as qenveyed by Ehe gtaee oft{ashlngton, sltsuate ln lront, of, adlacenE Eo and a}uCEingEheregn.
Sl-tuate t.n the Councy of Jeffergon, Statc of WaahlngEon.
FARCET. K: Eoe I f lea I &":^l
Thoee portions of Ehe Sout,hwest L/a of, the souE,heasc L/4 ofsectlon 15, and Goverffnenc IJog 2 of Sectlott 22, both In Townehlp25 NorEh, Rangc 2 West,, f,l ,M., rlelferEon Cgunty, WashingEon,deecrlbed ae foLlows:
The Baet 345.00 feeE of oal-d Soubhwoet L/* ot Ehe SoutheaaE 1/,4,aE measured along Ehc North llne tshereof ,.
TCGETHER WI'I'H thaE porElon of said Governrnent Loe 2 lying East of
Ehe SouE,her1y prolongaEion of Eha t{€BE }lne of sald Eaot 345.00
f eeE,,.
SlEuate in the County of Jeff,ereon, SLabe of Waehington.
PARCEL L, 50ztf erc.1 JOa* Mnrcp#
Thoee porEions of. che EouthwesE L/4 of the SouLh€aet L/4 otSecElon 15, and c<>vetrnm€nt IJoE, Z of Sectlon 22, both 1n Toirnshlp25 NoaEh, Range 2 WesE, W,M., Jefferaon CounEy, ws8htngEon,deacrlbed as follows:
fhe EasE 520.00 feeE lesg chc East 345.00 feer of gaid SouEhweeEL/4 of Ehe SouEh€a€t l/4, aa measured along Ehe NorEh Ilne
Ehereof
?OGETHER 9irITH that porEion of sald GoverrurenE, Lot 2 lying BaaDof the Southerly prolongatlon of Ehe West llne of eald Eart520.00 feer and Slese of the Bout,herly prolongarton of Ehe Ea6El.!ne of gald EaaE 345.00 feet,
sitsuaEe ln Ehc County bt Jeflarson, gtaEe of Waahlngton.
99999 -97? 4 tLEcAL r 3 889965. I
PARCEL M : f oU{ ShZZ C h opu# fll e,'ttt F
Thoae porEtone of, the Sout,hwest L/4 of the Sour,heast L/4 ofSect,lon 1.5, and Government laot 2 of, SectLon 22, both ln Township25 NorEh,., Rarrge 2 ",WesEr: W,M",. lreff,eraon (rcuEny, WaehingtEon,descrtbed ras followe: i
The EaeE 595.00 feeE l"rlu.E,he EaEE 520.00 f,eot of eaid SouEhweetl/4 of, the goutheisE 'Ll[r nB measured alonE Ehe North llnethereof.
TOGEIHER WITH thaE portsion of said Governnrent, tot 2 Lyi*g EasE ofthe SouEherly prolongaEion of the 9leet, Ilne ot eaid BasE 595.00feec and glest of Ehe Sout,her)-y prolongatlon of the Eaet 1lne ofeaid EaEt, 520.0O feetr.
SltruaEe ln the CounE,y of Jeffelson, SEar,e of Washingt,on.
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.
99999 -97 7 4 lLECAL I 3 889965, I
Recorda 6xamln6d tso February 10, 2(}06, at 8:OO A.M.
.,. .; :.., . ...,i. .,, ,, -i, ,, -
ordinanceNumber: o1-ol-28-08
Exhibit B
MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR
Brinnon MPR
BOCC Adopted Boundury
January 14,2008
DNR Lease
Legend
MPR Boundary
hrtnsNe t/2&0,
L5: Qp@rffi8M&StuaWR.m AtAhditfd By. hg MlEdr. M.l.G3@7ffi.stu+.kbFCll
w r9&r tobturwiqb Nffi rus{01 rah6 M^66's lqj
BEU.AMI* b[m!tuytumt.NbtuEdlrqd&& irdd bd dD&reve6v
sS lw (o it BGUE d ld;diBk @IbA
b 6rm9 d londq_ & BE d@ry drBdh&.
0 250 500 1,000Feet
Flgure 8
w
NOTICE OF ADOPTION BY THE
JEFFERSON COI]NTY BOARD OF' COM]\flSSIONERS
OF COMPREHENSryE PLAIY AMEI\DMENTS
NOTICE IS HEREBY GMN 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 10, 2007.
The Adopting Ordinance was enacted during the regular Consent Agenda at 9:30 AM in the BOCC
Chambers, Jefferson County Courthouse, l82l 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, staffhousing, and a community
center. The overall residential construction would not exceed 890 total units."
The comprehensive plan land use map designations on page 345 for this area would be changed to reflect
a master planned resort as outlined in the November27,2007 final environmental impact statement on
page l-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.uVcommdevelopment. Contact Karen Barrows for more information: (360) 3794482
or kbarrows@co jefferson.wa.us .