HomeMy WebLinkAbout044Michelle Farfan
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M ichelle Farfan < M Farfan@cojefferson.wa.us>
Monday, March L3,20L7 10:57 AM
Philip Morley
Patty Charnas
Draft Housing MOU for Pleasant Harbor MPR - Confidential
Attached Image (64.4 KB);010128 08.pdf
Hi Philip
As you may recall Ordinance 01-0128-08 condition 63c requires several MOUs. I spoke with David Sullivan last week
regarding this project and asked him who I should send the proposed housing MOU to for review. He suggested I send it
to you.
Please review the attached draft from September 20L0 and make any proposed changes and or additions you see fit. I
have several others that I have sent out to county and state agencies for review as well. As you know these MOUs will
become appendices to the Development Agreement.
lf you schedules permits, l'd like to have any comments by April 19
Please let me know if you have any questions
Thank you,
Michelle Farfan
Associate Planner, Brinnon MPR Lead
Jefferson County Department of Community Development
621 Sheridan
Port Townsend WA 98368
V: 360-379-4463
F:360-379-4451
mfa rfa n @co. iefferso n.wa. us
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the
Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail
and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from
production to the requester according to state law, including RCW 42.56 and other state laws.
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308913 US Hwy l0l, Brlnnon WA 98320
(360) Ze6-46r r (800) 547-3479
Fox (866) 848-4612
PLEASANT HAFTEIoR
---- - MAnltlA ANC\ GOI.F Rt:sOIif * .--
September 29 2010
MEMORANDUM OF I.INDERSTANDING' Housing
THIS AGREEMENT, by and between Pleasant Harbor Marina and Golf Resort LLP (Company)
and Jefferson County is designed to address impacts associated with development of the Pleasant
Harbor Marina and Golf Resort (Resort), now under regulatory review by the County, not
addressed by increased revenue from the proposed Resort and subject to supplemental mitigation
to assure concurrency in accordance with the.ordinance of approval, Ordinance 01-0128-08,
paragraph 63(o), which provided a requirement that the SEIS review memoranda of
understanding on appropriate mitigation for the following:
To provide needed support for the Brinnon School, Fire District, Emergency Service
(EMS), Stsff llousine. Police, Public Health, Parks and Reoreation and Transit. . .
llousipg
Rental housing in the Brinnon area is limited as doscribed in Section 3.5,6 of the Final
Environmontal Impaot Statement for the Proposed Brinnon Master Planned Resort (FEIS)
(November 27, 200'l'). The Resort will take the following steps to mitigate housing impacts
related to the Resort development:
l. During construction, construction workers will have temporary housing at the existing 60-
unit RV facility on site as slated on page 3-65 of the FEIS.
2. Affordable staff housing will be available to accommodate a developed-condition
workforce of 104. This will be located in the Maintenance Building/Staff Quarters, a
multi-use structure in ihe golf course/resort area of the site designed to minimize the
impervious footprint.
3. Senior management will be housed in the Golf Chalets adjacent to Terrace Building l.
4. Booking Staff will be housed in assigned suites, within the proposed Maritime Village at
the intersection of Black Point Road with U.S. Highway 101, to accommodate late
arrivals.
ApProYe{ByJofferson Qounty
Print Date
County
Apfrrqyed By M. Oarth Mapn (}rsiderl.]L& CEO$tatesmau GroWD
S Print
M. Garth Mann, President & CEO Statesman Group
l of I
Date
CA
cc:
A rfarfod
5 c€{STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE APPROVING ONE }
COMPREHENSIVE PLAI\ AMENDMBNT, }
FILE NUMBER }
MLA06-87 ISTATESMAN] ]
OrdinanceNo. 01-0128-08
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required
by the Growth Management Act ("the GMA"), ar codified at RCW 36.70A.010 et seq., set in
motion and now completed the proper professional review and public notice and comment with
respect to any and all proposed amendments to the County's Comprehensive Plan originally
adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended, and;
WHEREAS, as mandated by the GMA, the Board has reviewed and voted upon the
proposed amendments to the County's Comprehensive Plan ("CP") that composed the 2007
Comprehensive Plan Amendment Docket ("the Docket"), and;
WHEREAS, of the ten (10) proposals that compose the Docket, three (3) were rejected;
one proposal, MLA07-104, has been forwarded to the 2008 CP Cycle; the Board has approved or
approved with conditions six (6) of the remaining proposals, five (5) of which are analyzed in
Ordinance No.02*012 8-08 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 in 2004.
2. The Growth Management Act (GMA), which mandates that Jefferson County generate and
adopt a CP, also requires that there be in place a process to amend the CP. The UDC
contains precisely such a process in Section 9, and in Title 18 in the JCC.
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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 36.704.130, CP amendments can generally be considered "no more frequently than
once per year."
4. This particular amendment "cycle" began on or before March 1,2007, the deadline for
submission of a proposed CP amendment.
5, MLA06-87 was timely filed on by March 1,2006, and carried over to the2007 cycle in
December 2006, because a separate environmental impact statement was deemed
necessary, and this work could not be performed in 2006.
6. The 2007 CP process started with nine formal site-specific amendments and three
suggested amendments (for a total of twelve), all of which were placed on the Preliminary
Docket through the CP amendment process contained at JCC Section 18.45.050.
7. The Planning Commission and the Board of County Commissioners held ajoint workshop
on April 4,2007 to provide an opportunity for the site-specific CP amendment applicants
to make public presentations on their proposals.
8. The Planning Commission held a duly-noticed public hearing on the Preliminary Docket
on April 18, 2007.
9. The Planning Commission completed its recommendation on the Preliminary Docket on
April 18,2007, recorlmending that all twelve original CP amendment applications be
placed on the Final Docket.
10. The Department of Community Development (DCD) issued a Review of Preliminary
Docket on May 7,2A07, 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.
I l. The Board established the Final Docket on May 14,2007 as nine site-specific amendments
plus one suggested amendment.
12. The Department of Community Development (DCD) issued an integrated Staff Report and
State Environmental Policy Act (SEPA) Addendum on September 5,2007, analyzing the
proposals on the Final Docket and offering preliminary recommendations for each,
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15.
16.
17.
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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 atalyzed 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-oB
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 confornance 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 2A,
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.
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19.
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2r.
22
23
24
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25.
26.
27,
28.
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 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 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.
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Step 2: The Comprehensive Plan land use map designations on page 3-45 for this area
would be changed to reflect a Master Planned Resort as outlined in the November 27,2007
Final Environmental Impact Statement on page 1-4." See Exhibit "B" to this Ordinance.
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.
Step 4: The Board entered an affirmative statement that consistency with the Growth
Management Act, specifically RCW 36.70A.360(l) through (4), is achieved, as each of the
pertinent criteria are met by this proposal.
With respect to RCW 36.10A.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."
With respect to RCW 36.70A.360(4) the Board hereby enters an affrrmative statement that
its CP already includes policies to guide the development of new MPR, the CP and the
related development regulations serve to preclude urban or suburban land uses in the
vicinity of the MPR, the land at the site in question is better suited for an MPR than for the
commercial harvesting of timber or agricultural production, the MPR plan is and will be
consistent with all GMA-derived development regulations relating to GMA critical areas
and all on-site and off-site infrastructure and service impacts have been fully considered
and will be mitigated as the MPR is implemented first through a development agreement,
internal zoning map and internal zoning code, then through plat and permit review and
possible issuance of permits and, with all the prior items accomplished, finally with the
issuance of building permits.
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 serves to
satisff the condition laid out in the CP at LNP 24.4, found at p. 3-65 of the CP. The area is
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33.
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zoned Rural Residential and not Commercial Forest under the Growth Management Act,
and therefore this finding is not required within the proposal.
35. Step 6: The Board entered an affirmative statement that consistency with the Brinnon Sub-
Area Plan, adopted on May 1,2002, specifically Goals 1.0 and Policies 1.1-1.3, is
achieved, as each of the pertinent criteria are met by this proposal.
36. Step 7: With respect to JCC 18.15.126, the Board affirmed that only a Comprehensive
Plan amendment application was under consideration, and that the development agreement
and zoning code guiding MPR projects will come before it in a subsequent process after
the adoption of this CP amendment. A subsequent development agreement and zoning
code shall be consistent with this CP amendment. This criterion applies to each of the
following code references contained within Step 7.
37. With respect to JCC 18.15.025 and JCC 18.15.115 on land use districts, the Board
concluded that new zoning code language will be developed at a later phase, describing a
second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR
currently designated under the CP.
3 8. The Board affirmed the appropriatene ss of the proposal with respect to JCC 1 8. 1 5 . I 20 on
purpose and intent, and consistency with RCW 36.70A.360. A new MPR is thus
appropriate at this location.
39. The Board funher determined that in accordance with JCC 18.15.123, a subsequent
development agreement and zoning code will ensure consistency with said section.
40. The Board affirmed that the provisions of JCC 18.15.129 are applicable to this proposal,
pertaining to the nature of the application as a Type V legislative process, and include a
draft master plan (summarized in the FEIS), a site-specific CP amendment, and require a
development agreement at a later phase in the process.
41. The Board affirmed that decision-making authority is granted to the Board under JCC
18.15.132, after ensuring the veracity of the planning commission process, and after
reviewing its recommendations. A development agreement and zoning code will be
developed in a subsequent phase.
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43.
44
45.
47
48.
49.
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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.
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.
Step 8: With respect to the directives set forth in RCW 36.70, the Planning Enabling Act,
the Board concludes that all steps in the process were conducted properly, including the
application submittal; the public process, review, and recommendations by the Planning
Commission; the public process conducted by the Board; its own findings; and its position
as the sole decision-making authority wtrereby the Planning Commission's
recommendation is advisory only and the final determination always rests with the Board.
Steps 9-14: The Board determined that the procedural requirements of JCC Section
18.45.080(2)(c), in which for all adopted amendments the Board shall develop findings
and conclusions which consider the growth management indicators set forth in a) JCC
Section 18.45.050(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.
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 item # 63 (below). The Board directed
staff to prepare this ordinance, provide for legal review, and prepare a record identiffing
all components of this CP application process.
Further, the Board voted unanimously to amend the CP.
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.
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 gpowth management
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indicators are augmented by the September 5, 2007 staff findings and conclusions, except
when and as noted below.
51. With respect to JCC Section 18.45.050(4)(bxi), which asks whether assumptions regarding
growth and development have changed since the initial CP adoption, the Board concludes
that census data indicates that the population growth rate in this county has slowed in the
last two to four years, and is slower than projected.
52. With respect to JCC Section 18.45,050(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.
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 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.
55. With respect to JCC Section 18.45.050(a)@)(v), which asks if any of the countywide
attitudes upon which the CP was based have changed, the Board concludes that the
countywide attitudes have not generally changed since this CP amendment was submitted.
56. With respect to JCC Section 18.45.050(a)(b)(vi), which asks if there has been a change in
circumstance that may dictate the need for an amendment, the Board concludes that a
conceptual Brinnon MPR was identified in the Brinnon Sub-Area Plan adopted into the
County's CP on May I ,2002, and that there have not been any overarching or countywide
changes in circumstances that would dictate or require a shift in the policies reflected in
the CP with respect to MPR designations.
57. With respect to JCC Section 18.45.050(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.
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58.
59.
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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(1Xb), in order to
recommend approval of a formal site-specific proposal to amend the Comprehensive Plan,
the Board must also make eight (8) flndings as specified in Section 18.45.080(l)(c)(i)
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 ofservice 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.
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61.
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(v) The proposed site-specific amendment will not create a pressure to change the land
use designation of other properties, unless the change of land use designation for other
properties is in the long-term best interests of the county as a whole.
(vi) The proposed site-specific amendment does not materially affect the land use and
population growth projections that are the basis of the Comprehensive Plan.
(vii) If within an unincorporated urban growth area (UGA), the proposed site-specific
amendment does not materially affect the adequacy or availability of urban facilities
and services to the immediate area and the overall UGA.
(viii) The proposed amendment is consistent with the Growth Management Act (Chapter
36.70A RCW), the Countywide Planning Policy for Jefferson County, applicable inter-
jurisdictional policies and agreements, and local, state and federal laws.
Master Planned Resorts are governed under a distinct statutory provision within the GMA.
They are not Rural Lands, and thus are not Limited Areas of More Intensive Rural
Development (LAMIRDs). Instead, RCW 36.70A.360 provides that new MPRS "...may
constitute urban growth outside of urban growth areas as limited by this section."
MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for
a Master Planned Resort (NPR) 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 197-11-660 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.
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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, pubtic
health, parks and recreation, and transit prior to approval of the development
agreement. Such agreements will be encouraged specifically between the developer
and the Pleasant Tides Yacht Club, and with the Slip owner's Association regarding
marina use, costs, dock access, loading and unloading, and parking.
d) A list of required amenities shall be in the development agreement along with
conditions for public access.
e) Statesman shall advertise and give written notice at libraries and post offices in East
Jefferson County and recruit locally to fill opportunities for conhacting and
employment, and will prefer local applicants provided they are qualiflred, available, and
competitive in terms of pricing.
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%o 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 safisry 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
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one of the existing kettles for water storage. Said report shall be peer-reviewed by a
second scientist mutually chosen by the developer and the county. The developer will
bear the financial cost of these reports.
j) Tribes should be consulted regarding cultural resources, and possibly one kettle
preserved as a 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 educati on 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
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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 saltrvater intrusion becomes an
issue for neighboring wells on Black Point, and reserve areas for additional recharge
wells will be included in case wells fail, are periodically inoperable, or cause
mounding.
q) Stormwater discharge from the golf course shall meet requirements of zero discharge
into Hood Canal. To the extent necessary to achieve the goal of designing and
installing stormwater management infrastructures and techniques that allow no
stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils
present at the MPR location. Soils must be proven to be conducive to the intended
infiltration either in their natural condition or after amendment. Marina discharge shall
be treated by a system that reduces contamination to the greatest possible extent.
r) A County-based comprehensive water quality monitoring plan specific to Pleasant
Harbor requiring at least monthly water collection and testing will be developed and
approved in concert with an adaptive management program prior to any site-specific
action, utilizing best available science and appropriate state agencies. The monitoring
plan shall be funded by a yearly reserve, paid for by Statesman, that will include
regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition
to any onsite monitoring regime.
s) The developer must ensure that natural greenbelts will be maintained on U.S. Highway
101 and as appropriate on the shoreline. Statesman shall record a conservation
easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot
riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature
trees between U.S. Highway 101 and the Maritime Village, wetlands, and wetland
buffers. Easements shall be perpetual and irrevocable recordings dedicating the
property as natural forest land buffers. Statesmai, at its expense, shall manage these
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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(l),(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 seffing 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 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, oopromote 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 65%
to 35o/o 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.
l5
NOW, THEREFORE, BE IT ORDAINED as follows
Section One: Under MLA06-87 [Statesman], the map of Comprehensive Land Use Designations
is hereby amended to reflect that the parcels of property located in Brinnon, Washington, and
found in the legal description (see Exhibit A to this Ordinance) accompanying this CP
application, shall be given in their entirety an underlying land use designation of Master Planned
Resort.
Section Two: The Comprehensive Plan narrative on page 3-23 would be amended to add
language below the last paragraph that would read:
Early in 2008, Jefferson County designated a new Master
Planned Resort (MPR) in Brinnon. The new Master Planned
Resort is 256 acres in size and includes the Pleasant
Harbor and Black Point areas. The Marina area is
existing and would be further developed to include
additional commercial and residentlal uses such as
townhouses and villas. The Black Point area of the new
resort would include new facilities such as a golf
course, a restaurant, a resort center, townhouses,
villas, staff housing, and a community center. The
overall residential construction would not exceed 890
total units.
Section Three: If any section of this Ordinance is deemed either non-compliant or invalid
pursuant to the Growth Management Act, then the development regulations and/or underlying
zoning designations applicable to that parcel or parcels prior to adoption of the non-compliant or
invalid section of this Ordinance shall be applicable to that parcel or parcels.
Section Four: If any section of this Ordinance is deemed either non-compliant or invalid pursuant
to the Growth Management Act, such a finding of non-compliance or invalidity shall not nulliff
or invalidate any other section of this Ordinance.
map and legal description are hereby incorporated by attachment.Section Five: The
r6
Section Six: In consideration of the weather emergency situations of December 2007, and within
the overall public interest, the Board extended the decision date on these CP amendments to
January 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the
MPR for Black Point met the legislative intent of Resolution I 13-07 as the decision date for the
legislative decision. This Ordinance becomes effective on the date it is executed.
APPROVED AND ADOPTED this 28th day of January 2008.
T Y t0r JEFFERSON COUNTY BOARD OF COMMISSIONERS
I
rt
a.},g
afi
i, ls
te PhiI J
a
ATTEST;'t.--'
?.iO\
CMC
Deputy Clerk of the Board
Approved as to form:
David Alvarez,Deputy
J A
3)zm8
Attorney
17
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 westerly of US 1 0l ,
and together with DNR leased tidelands supporting the Pleasant Harbor Marina.
PA,RCEL A:
The Nortshease 1,/4 of the gouEhwcat llA of SccEion 15, Totdnship 25
NorEh, R&ng€ 2 l{cse, W.M., ln rTcffareon Count,y, {i,ashingEon,
tOGETIIER. wITiI a perpetual non-exclueive%asem€nE for road and
utiltcy purpo6€E thror.rgh. acrosc, and over che f,ollowlng deecribed
proPsrty r
Beginntng at t.he Soutshcaat corner of ehe sout,hr^rest 1,/4 of Ehe
NorEhwest L/a of eald SecEion 15r
thence run !{e€t, along t,he gouth line of eaid SouthwesE L/4 ot
the: NorthweEt 1/4, appro*imat,e1y 1?5 feec t.o Ehe SouLherly line
of Blaok Point eounty Eoad;
Ehence NoruheasEerly, along eatd SouEhcr1y 1lne, to a point 30
feeE Nqrch of sald Soutb line when measured au rlghu anglee;
thence EaaE, parali.el eo satd Sout,h line, Eo E,he Eaat. linc of
eaid Sout,hwesE, 1/{ of Ehe Northweec 1,/.1 ,.thence SouLh 30 leet Eo the polnE, of beglnning;
AIID over and acroae Ehe Weets 30 fect, of, tbg SouEh 30 feet of
Governrnent. Lot. 4 ln said Sectlon 15.
SlEuaEe in Ehe County of ,Ieffcr8on, gtsatse of Wsahlngf,,on.
PARCEI, B:
The East L/2 of Ehe NorthwesE 1,/4 of che Sout,hweet 1/4 ot. Seetion15/ Township 25 Noruh, Range 2 !,Iest, W,M., In Jefferson Counuy,
waohing9on;
SxcEPT chac p.orclon theroof,, lying 'lrlEhin a strip of Land
conveyed tso Ehe Suat€ of W66h1ngeon, for gEate Road No. 9,
Duckabush Rlver-North Seetion, by dacd dated Augrust, 28. 1933, and
recorded turder Auditor's F1le No. ?081?, reeordB of Jefferson
County, Washingtoa.
SibuaE,e ln Ehe Count,y of, rlefferaon, 8tat,o of, WaehingLon.
99999-9774I-EGAL I 3889965, I
PARCEL C:
Those portions of Sect,l.ons 15 and 22, both in Township 25 Nort,h,
Range 2 WesE, W.M., .lefferson County, Washington, described ae
follows:
The SouEhweeE L/4 of the Sout,heaeE 1/4 and Governmenr IJot 7 of
saj.d Sectlon 15, and Governmeng Lots 2 and 3 of said SecEion 22;
EXCEFT Lhoee porEions chereof lying East of, the WesE line of rhe
Easc 695.00 feet of aaid Southweat L/4 ot. Ehe SoutheaeE 1/4, and
Eaet of the Southerly prolongation of gaid WesE llne;
AIJSO EXCEPT LhaE porEinrr of the Weet 100.00 feeE of
GovernmenE Lot 7t lying Sout,herly of Ehe Noruh 539,0C
thereof.
eald
feeL
TOGEIHER WITH tidelands of the Second Clase, as conveyed by t.he
SEate of Washingt,on, situate in fronE ot, adjacent eo and
abutt,lng upon the l,Iest f /Z tn width of said Government Irot 2, ln
said SecE.ion 23.
Situate in the County of ,Jeffereon, State of waghingbon.
PARCEI, D:
Tha,; portion of the NorehwesE, 1,/4 of the Sout,heasL t/e in SecLion
15, Townshlp 25 Norch, Range 2 West W.M., Iylng SouLherly of the
elack PoinL Road as conveyed to ,Jeffereon County by deed recorded
under AudiEor's Fl}e Noe 223427, recorde of Eaid Counuy;
EXCEPT that porEton deseribed ae follows:
That port,ion of the NorthwesE, 1/4 of t,he Southeast L/4 of SecEion
15, Townehlp Z5 North, Range 2 WeEt, W,M., described as follot+sr
Begtnnlng at the polnt of int,ersectlon of che Eagt line of bhe
Northwest L/4 of t,he goueheaet l/4 and the Sout,herly rnargin of
Ehe B1ack Polnt Road;
thenee $oueh alonE Lhe said Easu llne, a dist,ance of 300 feet;
Ehence l0ees 350 feeE;
Ehence North Eo rhe FoinL of interseet,ion wlth. Ehe SouLherly
margln of the E1ack Polnt Road;thence EaeE,erly along said SouE,herly margin Lo the PoinE of
Beginning.
SlLuaEe in Lhe CounEy of ,Iefferson, $tate of WashingEon.
99999 -97 7 4 lLEQAL I 3 8E9965. t
FA.R,CEL E:
ThaE portron of Ehe SouEhwesc 1/4 of r-he NorEhweeb L/4 of Sectiorr
15, Townshlp ?5 l{ort,h, Range 2 West, W.M., as fo}}ows:
A strlp of land 250 feeL wj-de lying Eascerly of and paralle1 bo
t,he Sout,heasEerly rlghf-of-r*ay of St,aE,e Highway I01;
EXCEFT Ehe right of Hay for B1ack Polnt Road aE conveyed to
lfef ferson County by deed recorded under Audltsor'e FiIe No, 223421
and 410339, recordg of rfeffcrson CounEy, Washington.
ALSO EXeBpTINc THEREFROM t,he EoIlowl.ng deacribed t,ract ;
Beglnnirrg at E,he SouE,hwest, eorner of GovsrnmcnE Lotr 3,.
Elrence North 88- 23'07D WesE.308.14 feeE Co Che SoutheasterlyrighL*of-way of SEate Highway No. IoL, ond the TRUE POINT OF
BEGINNING;thence SouEhwester).y along dald HLghway. 117 f eeE,,
Ehence SouEh 88- 23' O?'Easts, to a point, l?5 feet WesE of the
hlgh Eide line;
Ehence Northeaeterly bo a point on t,he NorEh line of Uhe
SouthwesE L/4 ot E.he Northwesu l/4, 100 feeE WeeE of aaid hJ.gh
Eide line;
E,hENCE NOrTh 88 O 23' O?II}IEEE tO thE TR.T'E POINT OF BEGTNNING Of
E,his exception.
siEuate ln the county of JefferEon, staE,e of washingcon.
FARCBL P:
LoC 1 of Watrertouch ShorE P1as, as recorded in Volume 3 of ShorEPlacs/ pagea 205 and 206, recorde of rfeffereon County,
WashlngLon, being a por[ion of Section 15, Townahip 25 North,
Range 2 West, 9l .H., ,Jeffereon Count,y, NaehlngEon.
Sit,uaEe 1n che County of Jeff,erson, StaEE of, Washingtson,.
PARCEL GI
LoE, 2 of wauert,ouch Short PlaE, HB recorded in Volumo 2 ef, ShqrtPlatss. pagea 2oS and 206, recorde of ,lefferson Countwashi.ngton, belng a porEion of SacElon 15, township 2s Nort,
Range 2 WeBt,, w.M., .Tefferaon county, waBhington,.
SiEuat,e 1n Ehe County of Jefferson, Stat.e cf TJashingEon,
Y,h,
99999 -97 7 4 lLEGA L I 3889965. I
PARCEI, H:
Lot 3 of ?Iat,ertouch Short Plat, as rccorded in Vo1ume 2 of SborEP1abs, pages 2o5 and 206, recorda of Jefferson CounEy,
[,tashlngton, being a portion of Sectlon 15, Township 25 NorLh,
Range 2 wesE, W.M., Jef,Eereon County, tlashingbon.
Sit,uaEe in E.he Countsy of ,Jefferson, SLaEe of lfashington.
PARCEII I:
IJot. 1, PleasanE, Harbor Marlna Short Plat, aa per plat recorCed ln
Volume 2 of Short Plate, pages 22L to 221 and amended in Volurne
3 of Short PlaE.B, page8 I Eo 10, records of 'Jefferson CounEyr
washington, EXCEPT EhaE, porLlon of 1ot, 1 described aa follous r
That porEion of GovernrnenE IJot 3 abut,ting Znd clasg rldelands in
Section 15, Township 25 NorE,h. Rang6 2 west, !1,14., Jef ferson
Count,y, t{aehlngLon, belng more parLicul.arly deecribed as followe r
Commencing at uhe North l/4 corner of Sect,ion 15, Tcvnahip 25
NorLh, Range ? ffgsE, W.M., ,Jefferson County, llashington;
thence South 88'13' 42" East, al.ong Ehe NorEh Ilne of 6aid
SecLion 15 for a diet,ance of 36.1.50 feel Eo the point of
beglnning;
rhenco continuing Soueh 88o 13t 42* Ease z3B.?5 feet, to Ehe llne
of mean high Eide;
t.henee SouEh 6t" t2,oo" t{est, along Ehe l"lne of, mean high tide
34.78 feet;
t,hence North +0o 41, 5{'t lrlegE along the llne of mean high tide
3.31. feet,'
Ehence SouE,h 62o 36' 19n West along Ehe line of mean hlgh tide
26.83 feeE; -
Ehence Souch 87o
t,hence North 21
beginning.
AND AL,SO EXCEPTING Second CLass Eideland as conveyed by t,he St,aueof WashingLon. in front of, adjacene uo and abutting the abovedeeeribed excepued uplands.
SiE,uatse in Ehe County of rTefferson, State of WaehlngCon.
,sil' 35u Weet 156.55 feet;? zl' 05'r West. {3 . o0 f eee io Ehe point of
99999 -97 7 4 lLECAL I 3 8 89965. I
PARCEIT J: SOZtdAotZ t
IJot 2, PJeaeanE Harbor Marina ShorE PlaE, aE Per plat recorded in
Volume 2 of Short, P1aE,s, pages 221 Ehrough 223, and amended ln
volume 3 of ShorE P1aEs, piger 8 Ehrough 10, recorda of Jeffergon
counLy, waahingt,on.
TO9ETHER WITH second claoe Lidelande, aE senweycd by Ehe SEate of
llashington, Eltuate 1n lronr of, adJacenE Eo and abuEEing
t.hereon.
Situ8te t.rl the CounEy of lTefferdon, Stata of WaBhlngton.
PARCETT Kr 5;oel{leo BFo<':r't
Thoee portions of Ehe Southweat L/4 of Ehe souE,hcaoc Ll4 of
sectlon 15, and Government, Lou 2 of, Section 22, bot,h ln Townahlp
25 Nort,h, Ranga 2 tlest, ffI ,M. , ,Jsf,ferson County, Washirtgton,
deecrlbed as followg:
Tlr<r BaaE 345.00 fcet of said Southwegt L/4 of. Ehe Southeaac llq,
aE meaautred along Ehe North llne tshereof ,.
TCGETHER [,II'I]H thaE, porElon of said GovernrnenE Lot 2lying EasU of
Ehe SouEherly prolongaulon of Eha Waet llne of sal.d Ea€t 3{5.00
f eetr,.
SlEuaEe in t,he counEy of Jeff,erson, SEabe of WaehingEon.
PARCEI, L'; Soztf ae1 Jor* Mto.r*t'6
Those port,ions of uhe SouEhweBE L/4 of the SouLheaat L/4 ot
Secuion 15, and covernm€nt, IrgU Z o! 6ection 22, boEh 1n TownehlP25 NorEh, Range 2 WesE, W,M., Jeffergon CounEy, waahlngton,
deecrlbed ae follows:
lhe EaEE 520.00 feeE lcsg chc East 345.00 feec of aaid SouEhwesE
L/ 4 of tshe SouE.rteast, l/ 4 , aa tneagured along Ehe NorEh line
Ehereof
TOGETHER WITH that portion ot sald Governmentr IJots 2 lyinE BasC
of the Southerly prolongatLon o! the West llne of eald EarE
520.00 feets and West of the Eoutherly prolongaEl,on of Ehe EaeEllne of sald EaaE 345.00 feet.
slEuaEe ln the Counuy of, ifef,fcrron, gtate of WaEhtngEon.
99999 -97 7 4 lLECAL I 3 889965, I
PARCEL M: foZr{3oZZ Chopu# ftle*trt€
TOGETHBR WITH tshat portion of said Governmcnt tot 2 3.ylng East of
Ehe souEherly prolongaEiorr of th€ we6t, IIne ot Eal"d BasE 695.00feec and Weet of ehe gout,herly prolongation of ehe Eaet Ilne ofsald East 520. OO feeU.
.
Sltuat.e 1n' the Couney of :Jefferson, SE,aE,e of WashlngE,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.
Thoae portione of, che Soubhwest, L/4 of the Sout,heast, L/S ofSectlon 15, and Government L,ot 2 of, SecEton 22, both !n Township25 NorEh,,'.:Rangle a .Weif .. W,M.. Jefferson OCuEny, WaohingEon,
descrl,bed raa followsl : ,.
The EasE 595,00 feeE Lese,Ehe Eaet 520.00 f,eet of eaid Southweetl/4 of the southeast'L/4r {lB measured along E,he North 1lnothereof.
!l
Record8 6xamlr6d Eo February LO, 20iJ 6. aE 8:OO A.M
I.:i. , r:
t:,i ,1.i.-:.: ;., - .
99999 -97 7 4 |LF.GAL I 3 889965. I
:i
t
:
Ordinance Number:0l_-012 B-08
Exhibit B
MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR
Brinnon MPR
BOCC Adopted Boundury
January 14,2008
DNR Lease
Figure 8
Legend
!'"'-'"'!
i..-,.,-.!IvIPR
0 250 500 1,000 FeetI r r r I Lr r.J
hi4hl,|W
e Q\.&jdtrtiei.ffi tstuM,m-AKdnq-!d hi hrera4 fi.3@rtubnNi{boli
MIS tffihi{h}{dhffi8l fdh:MffiB
Utcll0lBt. ,.f@ Cdrrd€d& 5*' wd$.&.&dbirdr&rE@
deqdr.b@ddi$&afM
h drAirUnU!1tuffi dEry if eoarhia.
Boundary
w
NOTICE OF ADOPTION BY THE
JEFFERSON COI]NTY BOARD OF COMMISSIOI\IERS
OF COMPREHENSIYE PLAI\I AMENDMENTS
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, 1821 Jefferson St., Port Townsend. Following is a brief
description of this amendment to the Comprehensive Plan. This case has a Master Land Use Application
(MLA) file number for reference and is a site-specific amendment.
MLA06-87: The Statesman proposal was approved as revised with conditions, to amend the Jefferson
County Comprehensive Plan on pages 3-23 and 3-45. The comprehensive plan narrative on page 3-23
would be amended to add language below the last paragraph to read:
"Early in 2008, Jefferson County designated a new master planned resort (MPR) in Brinnon. The new
master planned resort is 256 acres in size and includes the Pleasant Harbor and Black Point areas. The
Marina area is existing and would be further developed to include additional commercial and residential
uses such as townhouses and villas. The Black Point area of the new resort would include new facilities
such as a golf course, a restaurant, a resort center, townhouses, villas, staffhousing, and a community
center. The overall residential construction would not exceed 890 total units."
The comprehensive plan land use map designations on page 3-45 for this area would be changed to reflect
a master planned resort as outlined in the November 27,2007 final environmental impact statement on
page l-4.
Five additional site-specific Comprehensive Plan Amendments forthe 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, l82l Jefferson St., Port Townsend WA 98368, (360) 385-9100. A copy of the full text of
the ordinance will be mailed out upon request. Background information is available at the Dept. of
Community Development, 621 Sheridan Street, Port Townsend and on the DCD web pages:
www.cojefferson.wa.us/commdevelopment. Contact Karen Banows for more information: (360)3794482
or kbarrows@co j efferson.wa.us