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HomeMy WebLinkAbout097Michelle Farfan Sent: To: Cc: From: Attachments: Lorna and Darrell Smith <ecosmithspt@gmail.com> Sunday, May 29,2016 4:05 PM Koan Cynthia David Wayne Johnson wed mtg Conditions imposed by BOCC contained in the enabling Ordinance for Establishing Pleasant Harbor MPR Ordinance No.docx; Untitled attachment 00078.htm Subject: hello david and cynthia, overlook my one-handed typing and errors, broke my arm. As part of the package we send out for tuesday i suggest that we include this document which contains the conditions imposed by the bocc, i derived some of the changes/additions to the regs from these conditions, i.e.. tree retention lorna 1 Conditions imposed by BOCC contained in the enabling Ordinance for Establishing Pleasant Harbor MPI OrdinanceNo. 0l-0128-08 In consideration of the public interest, and pursuant to the authority that is granted the County legislative authority under SEPA by RCW 43.21C.060, WAC 197-11-660 and Jefferson County Code 18.40.770, the Board enters certain of the following conditions for approval of the CP amendment MLA06-87, recognizing that certain of the conditions listed here are imposed not in reliance upon SEPA but instead pursuant to the Board's general police power as a legislative body [arising from Article XI, $ 11 of the State Constitution and RCW 36.32.120(7)), particularly conditions d, e, f, g, v, x, aa and bb: a) Any analysis of environmental impacts is to be based on science and data pertinent to the Brinnon site. This includes rainfall projections, runoff projections, and potential impacts on Hood Canal. I 10 b) All applications will be given an automatic SEPA threshold determination of Determination of Significance (DS) at the project level except where the SEPA- responsible official determines that the application results in only minor construction. c) The project developer will be required to negotiate memoranda of understanding (MOU) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency Medical Services (EMS), housing, police, public health, parks and recreation, and transit prior to approval of the development agreement. Such agreements will be encouraged specifically between the developer and the Pleasant Tides Yacht Club, and with the Slip owner's Association regarding marina use, costs, dock access, loading and unloading, and parking. d) A list of required amenities shall be in the development agreement along with conditions for public access. e) Statesman shall advertise and give written notice at libraries and post offices in East Jefferson County and recruit locally to fiIl opportunities for contracting and employment, and will prefer local applicants provided they are qualified, available, and competitive in terms ofpricing. 0 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 than30Yo of household income) for the Brinnon MPR workers roughly proportional to the number ofjobs created that eam 80%o or less of the Brinnon area AMI. The developer may satisfy this condition through dedication of land, payment of in lieu fee, or onsite housing development. h) The possible ecological impact of the development's water plan that alters kettles for use as water storage must be examined, and possibly one kettle preserved. i) Any study done at the project level pursuant to SEPA (RCW 43.21C) shall include a distinct report by a mutually chosen environmental scientist on the impacts to the hydrology and hydrogeology of the MPR location of the developer's intention to use 11 one of the existing kettles for water storage. Said report shall be peer-reviewed by a second scientist mutually chosen by the developer and the county. The developer will bear the financial cost of these reports. j) Tribes should be consulted regarding cultural resources, and possibly one kettle preserved as a cultural resource. k) As a condition of development approval, prior to the issuance of any shoreline permit or approval of any preliminary plat, there shall be executed or recorded with the County Auditor a document reflecting the developer's written understanding with and among the following: Jefferson County, local tribes, and the Department of Archaeology and Historical Preservation, that includes a cultural resources management plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits; and during construction to maintain site integrity, provide procedures regarding future ground-disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. 1) A wildlife management plan focused on non-lethal strategies shall be developed in the public interest in consultation with the Department of Fish and Wildlife and local tribes, to prevent diminishment of tribal wildlife resources cited in the Brinnon Sub- Area Plan (e.g., deer, elk, cougar, waterfowl, osprey, eagles, and bear), to reduce the potential for vehicle collisions on U.S. Highway 101, to reduce the conflicts resulting from wildlife foraging on high-value landscaping and attraction to fresh water sources, to reduce the dangers to predators attracted to the area by prey or habitat, and to reduce any danger to humans. m) No deforestation or grading will be permitted prior to establishing adequate water rights and an adequate water supply. n) Approval of a Class A Water System by the Washington Department of Health, and approval of a Water Rights Certificate by the Department of Ecology shall be required prior to applying for any Jefferson County permits for plats or any new development. o) Detailed review is needed at the project-level SEPA analysis to ensure that water quantity and water quality issues are addressed. The estimated potable water use is t2 based on a daily residential demand used to establish the Equivalent Residential Units (ERU) for the development using a standard of 175 gallons per day (gpd). The goal of the development is 70 gpd. All calculations for water use at any stage shall be based on the standard of 175 gpd. p) A Neighborhood Water Policy shall be established that requires Statesman to provide access to the water system by any neighboring parcels if saltwater intrusion becomes an issue for neighboring wells on Black Point, and reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding. q) Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessary to achieve the goal of designing and installing stormwater management infrastructures and techniques that allow no stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils present at the MPR location. Soils must be proven to be conducive to the intended infiltration either in their natural condition or after amendment. Marina discharge shall be treated by a system that reduces contamination to the greatest possible extent. r) A County-based comprehensive water quality monitoring plan specific to Pleasant Harbor requiring at least monthly water collection and testing will be developed and approved in concert with an adaptive management program prior to any site-specific action, utilizing best available science and appropriate state agencies. The monitoring plan shall be funded by a yearly reserve, paid for by Statesman, that will include regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition to any onsite monitoring regime. s) The developer must ensure that natural greenbelts will be maintained on U.S. Highway 101 and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature trees between U.S. Highway l0l 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 satisfr the intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the buildings should be constructed and placed in such a way that they will blend into the terrain and landscape with park-like greenbelts between the buildings. w) Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of 10 inches or greater at breast height (dbh). An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e., 10 inches or more in diameter at breast height (dbh)) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects. 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 These standards are recommended for "areas with intrinsically dark landscapes" such as national parks, areas of outstanding natural beauty, or residential areas where inhabitants have expressed a desire that all light trespass be limited. aa) In fostering the economy of South Jefferson County by promoting tourism, the housing units at the Maritime Village should be limited to rentals and time-shares; or, at the very least, it should be mandated that each section be required to keep the ratio of 650/o to 35Yo of rental and time-shares to permanent residences per JCC 18.15.123(2). bb) Verification of the ability to provide adequate electrical power shall be obtained from the Mason County Public Utility District. cc) Statesman Corporation shall collaborate with the Climate Action Committee (CAC) to calculate greenhouse gas emissions (GHGs) associated with the MPR, and identiff 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.