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HomeMy WebLinkAbout051Michelle Farfan From: Sent: To: Cc: Subject: Attachments: Michelle Farfan < M Farfan@cojefferson.wa.us> Monday, March 27,2017 11:09 AM brinnong rou p@g mail.com Patty Charnas; Jodi Adams RE: MOUs RE_ Draft Memorandum of Understanding for Pleasant Harbor Master Planned... (5.31 MB); 12_28_15 Draft Housing MOU w_edits from DWJ and Garth (181 KB); Draft Neighborhood Water Policy for Pleasant Harbor MPR (6.28 MB); Draft Water Quality MOU from 2011 with edits from Don and Michael; Pleas... (11.2 MB); Draft Tunicate Agreement for Pleasant Harbor Master Planned Resort, Brinnon (175 KB); Pleasant Harbor Master Planned Resort (MPR), Brinnon (113 KB); Re_ Pleasant Harbor Resort (16.1 KB); Draft MOU for Parks and Rec; Pleasant Harbor MPR (296 KB);school MOU accepted 5 -18-201-1. pdf; si g ned hea lthca re MOU 5 -24-201 1. pdf Good Morning Barbara: This email is a follow-up to your inquiry regarding copies of the current draft MOUs and the voice message left this morning by my director, Patty Charnas. I have enclosed the proposed draft MOUs with my attached emails that l've sent to the applicable agencies. These are the most current that I have. Two MOUs have been signed: Brinnon School District and Jefferson Healthcare (also attached). I trust this fulfills your request. Please let me know if I can be of further assistance. Regards, Michelle Farfan Associate Planner, Pleasant Harbor MPR Lead Jefferson County Department of Community Development 621 Sheridan Port Townsend WA 98368 V: 360-379-4463 F: 360-379-4451 mfarfa n @co. iefferson.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. From: Patty Charnas Sent: Monday, March 27,2017 10:08 AM To: M ichelle Fa rfa n <M Fa rfa n @co.jefferson.wa.us> Subject: FW: MOUs 1 Patty Charnas - Director Jefferson County Department of Community Development 621. Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4493 - Fax 360-379-4457 pcharnas@co jefferson. wa.us From: Barba ra Moore-Lewis Imailto:brinnongroup@gmail.com] Sent: Thursday, March 23,2OL7 3:15 PM To: Patty Cha rnas <PCha rnas@co.iefferso n.wa. us> Subject: MOUs Where does one find copies of the current MOUs for Pleasant Harbor? 2 Michelle Farfan From: Sent: To: Subject: Attachments: Michelle Farfan < M Farfan@cojefferson.wa.us> Monday, March L3,20!7 L0:33 AM Tammi Rubert RE: Draft Memorandum of Understanding for Pleasant Harbor Master Planned Resort Attached Image (588 KB); 01 0128 08.pdf I have attached the preferred alternative site map to the FSEIS which includes a 9-hole golf course, 890 units, 79,000 square foot commercial building. At the intersection of SR 101and Black Point Road is where I believe the proposed transit stop and parking area is to be located. I also attached Ordinance 01-0128-08 for your reference. Please let me know if you need anything else. Regards, Michelle Farfan Associate Planner, Brinnon MPR Lead Jefferson County Department of Community Development 621 Sheridan Port Townsend WA 98368 V: 360-379-4463 F: 360-379-445L mfa rfa n(@co. iefferson.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 42.55 and other state laws. From: Tam m i Rubert Ima i lto :TRu bert@jeffersontra nsit.com] Sent: Friday, March 10,2017 2:L5 PM To: M ichelle Fa rfa n <M Fa rfa n@co.jefferson.wa.us> Subject: RE: Draft Memorandum of Understanding for Pleasant Harbor Master Planned Resort Hi Michelle, It is great to hear that this project may begin again. Much has changed on the MOU; I am sure the figures that discuss the possible income generation is different as well. I only see the MOU, not the mentioned attachment. I don't know fromtheMOUwhatisbeingproposed. Doyouhaveupdatedplans? lwaswonderingiftheplansincludebuspull-outs? 1 HiTammi: Tam,yw?Rdrurt General Manager t eff e rso n T ra nsit Autho ritv 63 4 Corners Road, Port Townsend, WA 98368 trubert@ieffersontransit.com 360-385-3020 x 1 07 From : M iche I le Fa rfa n Ima ilto : M Fa rfa n @co. ieffe rson.wa. us] Sent: Wednesday, March 08,2Ot7 2:33 PM To: Ta m m i Ru be rt <TRu bert@ ieffersontra nsit.com> Subject: Draft Memorandum of Understanding for Pleasant Harbor Master Planned Resort HiTammi I am the current planner for this proposed resort development located at Black Point in Brinnon. The proposal has been in review through the EIS process for about 11 years and now my department is working on getting the development regulations and development agreement prepared for the Board of County Commissioners (BoCC) action. ln 2008, the BoCC approved Ordinance 01-0128-08 which contained 30 conditions. Specifically, Condition 63(c) requires Memorandum of Understanding (MOU)with several agencies (sheriff, school, fire district, Jefferson Healthcare, etc.) including Jefferson Transit. The MOUs will become part of the Development Agreement and recorded with the Jefferson County Auditor once the Development Agreement has been approved by the BoCC. Enclosed for your review is a draft MOU that was prepared in 2010. Please review it (or forward it to appropriate staff) and let me know if you have any changes and/or additions. Please provide any comments and/or changes by April 5,2017 Feel free to contact me should you have any questions. Regards, Michelle Farfan Associate Planner, Brinnon MPR Lead Jefferson County Department of Community Development 62l Sheridan Port Townsend WA 98368 Y:360-379-4463 F: 360-379-4451 mfa rfa n @co. iefferson.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. 2 GATE Davld Hamllton Archlt6ct wA 9230 1-80G6@-77S Prcl€ct Nam€: PLEASAIiIT }IARBORtotar Pl.nnld R6od Flgure:Alternauvc 3: Overatt Slte aRqc{cuunoNs!lAe6 lv?auous: r2t @rc(rcmlffll IEA: ruACRB WIE:U MARMEUGE ANhIgAG IJm:6 BEO & BREAKFAST BY OTHERS) .I *S#"ffidlP.o*n 5&UNMI.MTEcotw I sumvu$ .uNEll$N{us SHORELINE \,,^*SEA LEVEL - rlrffiBlJDNcrsI $EwaREEs 52 Um I llti!xl'o'*ot'u'-^o:Lmst @n$EtoaL I *DTEII$NI itmtrurrotmmNomu@E) I UrmErmxGPffAEUtSRHOW I IM(UW.MGf,U@RD M{-TNBAAL MUIIEM[@VmO& r,@Sr. BUIl"OING 80. 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CC: r/erfo6 STATE OF WASHINGTON County of Jefferson AN ORDINANCE APPROVTNG ONE l COMPREHENSIVE PLAII AMENDMENT, } FILE NUMBER } MLA06-87 ISTATESMANI ] 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*01_28-08 herein analyzed is only one proposal, MLA06-87 [Statesman], which was approved unanimously by the Board; and WHEREAS, an adopting Ordinance is required to formalize the Board's legislative decision with respect to MLA06-87, and; WHEREAS, the Board makes the following Findings of Fact and Conclusions with respect to the 2007 Comprehensive Plan Amendment Cycle and the amendment contained herein: 1. The County adopted its Comprehensive Plan in August 1998 and its development regulations or Unified Development Code (UDC), Title 18 in the Jefferson County Code (JCC) in December 2000. The CP was reviewed and updated 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 l8 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 the 2007 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 18,2A07. The Planning Commission completed its recommendation on the Preliminary Docket on April 18, 2007, recommending that all twelve original CP amendment applications be placed on the Final Docket. 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 (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 recornmendations for each. 4 5 6 7 8 9 l0 lt t2 2 13. 14. 15. l6 17. l8 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-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 official that the proposed amendment, MLA06-87, warranted a threshold "Determination of Significance" (DS), and thus environmental review for any probable significant adverse environmental impacts, although the environmental review at this stage was the review appropriate for a non-project action as that term of art is defined in SEPA. The FEIS was prepared in conformance with SEPA requirements and the amendment in this ordinance is the alternative identifred 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 transmitted to the Board through formal memoranda dated November 28,2007, and are part of the record for the legislative decision. 3 19. 20 The Planning Commission recommended to the Board seven conditions be attached to approval of this proposal, MLA06-87 [Statesman]. The conditions were included in the Planning Commission recommendations specific to this proposal. 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 l7 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 14-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. 21. 22 23 24 25 26 27. 28. 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 27,2007 Final Environmental Impact Statement on page 1-4." See Exhibit "B" to this Ordinance. 30. Step 3: The Board was required to apply criteria from JCC 18.45.080, generally referred to as deliberations, findings and conclusions, and growth management indicators. 31. Step 4: The Board entered an affirmative statement that consistency with the Growth Management Act, specifically RCW 36.70A.360(l) 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, hnally 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 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 5 zoned Rural Residential and not Commercial Forest under the Growth Management Act, and therefore this finding is not required within the proposal. 35. Step 6: The Board entered an affirmative statement that consistency with the Brinnon Sub- Area Plan, adopted on May 1,2A02, 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 18.15.1 l5 on land use districts, the Board concluded that new zoning code language will be developed at a later phase, describing a second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR currently designated under the CP. 38. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on purpose and intent, and consistency with RCW 36.70A.360. A new MPR is thus appropriate at this location. 39. The Board further determined that in accordance with JCC 18.15.123, a subsequent development agreement and zoning code will ensure consistency with said section. 40. The Board affirmed that the provisions of JCC 18.15.129 are applicable to this proposal, pertaining to the nature of the application as a Type V legislative process, and include a draft master plan (summarized in the FEIS), a site-specific CP amendment, and require a development agreement at a later phase in the process. 41. The Board affirmed that decision-making authority is granted to the Board under JCC 18.1 5. 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 wtrereby the Planning Commission's recommendation is advisory only and the final determination always rests with the Board. 45. Steps 9'14: The Board determined that the procedural requirements of JCC Section 18.45.080(2)(c), in which for all adopted amendments the Board shall develop findings and conclusions which consider the growth management indicators set forth in a) JCC Section 18.45.050(4)(b) (i) through (vii, and b) items (i) throueh (iii) in JCC Section 18.45.080(lXb), have been met. Findings and growth management indicators are further explained below. 46. SEPA mitigations called out in Chapter 5 of the FEIS shall be adhered to through development of a zoning cods, development agreement, and any permit applications. 47 . Further conditions of approval are identified in item # 63 (below). The Board directed staff to prepare this ordinance, provide for legal review, and prepare a record identiffing all components of this CP application process. 48. Further, the Board voted unanimously to amend the CP. 49. JCC Section 18.45.080(1)(c), which contains eight criteria from which the Board must generate findings, is applicable only to site-specific Comprehensive Plan amendments. 50. Inquiry into the growth management indicators referenced above was begun for the 2007 Docket through the DCD integrated Staff Report and SEPA Addendum of September 5, 2007. The Board's findings and conclusions with respect to the growth management 7 51 52. s3. 54 55. 57 56 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(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. With respect to JCC Section 18.45,050(4xbxii), 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 serylces. 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)@)(v), which asks if any of the countywide attitudes upon which the CP was based have changed, the Board concludes that the countywide attitudes have not generally changed since this CP amendment was submitted. With respect to JCC Section 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 18.45,050(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. I 58 Pursuant to JCC Sections 18.45.080(2)(c) and 18.45.080(l)(b), 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) findings as specified in Section 18.45.080(1Xc)(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 concwrency 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 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 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. 59 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 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 sestion." MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for a Master Planned Resort (lvIPR) 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\), particularly conditions d, e, f, g, v, x, aa and bb: a) Any analysis of environmental impacts is to be based on science and data pertinent to the Brinnon site. This includes rainfall projections, runoff projections, and potential impacts on Hood Canal. 10 b) All applications will be given an automatic SEPA threshold determination of Determination of Significance (DS) at the project level except where the SEPA- responsible official determines that the application results in only minor construction. c) The project developer will be required to negotiate memoranda of understanding (MOU) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency Medical Services (EMS), housing, police, public health, parks and recreation, and transit prior to approval of the development agreement. Such agreements will be encouraged specifically 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 offrces in East Jefferson County and recruit locally to fill opportunities for confracting and employment, and will prefer local applicants provided they are qualified, available, and competitive in terms of pricing. 0 Statesman will prioritizethe 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 than3}Yo 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 satisf,z 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 culfural 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 Washinglon 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 salnvater intrusion becomes an issue for neighboring wells on Black Point, and reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding. q) Stormwater discharge from the golf course shall meet requirements of zero discharge into Hood Canal. To the extent necessary to achieve the goal of designing and installing stormwater management infrastructures and techniques that allow no stormwater run-off into Hood Canal, Statesman shall prepare a soil study of the soils present at the MPR location. Soils must be proven to be conducive to the intended infiltration either in their natural condition or after amendment. Marina discharge shall be treated by a system that reduces contamination to the greatest possible extent. r) A County-based comprehensive water quality monitoring plan specific to Pleasant Harbor requiring at least monthly water collection and testing will be developed and approved in concert with an adaptive management program prior to any site-specific action, utilizing best available science and appropriate state agencies. The monitoring plan shall be funded by a yearly reserve, paid for by Statesman, that will include regular offsite sampling of pollution, discharge, and/or contaminant loading, in addition to any onsite monitoring regime. s) The developer must ensure that natural greenbelts will be maintained on U.S. Highway 101 and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature trees between U.S. Highway 101 and the Maritime Village, wetlands, and wetland buffers, Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at its expense, shall manage these 13 easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Highway 101. 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 setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas." Evergreen trees and understory should remain as undisturbed as possible. Statesman shall infill plants where appropriate with indigenous trees and shrubs. v) In keeping with an approved landscaping and grading plan, and in order to satisfy the intent of JCC 18.15,135(6), and with special emphasis at the Maritime Village, the buildings should be constructed and placed in such a way that they will blend into the terrain and landscape with park-like greenbelts between the buildings. w) Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of 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., 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 the International Dark Sky Association (IDA) Zone E-l standards for the MPR. These standards are recommended for "areas with intrinsically dark landscapes" such as national parks, areas 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 65oh to 35%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. 15 NOW, THEREFORE, BE IT ORDAINED as follows: Section One: Under MLA06-87 [Statesman], the map of Comprehensive Land Use Designations is hereby amended to reflect that the parcels of property located in Brinnon, Washington, and found in the legal description (see Exhibit A to this Ordinance) accompanying this CP application, shall be given in their entirety an underlying land use designation of Master Planned Resort. Section Two: The Comprehensive Plan narrative on 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 i-ncludes 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 Bl-ack Point. area of the new resort would incLude new facilities such as a golf course, a restaurant, a resort center, townhouses, vi1Ias, staff housing, and a community center. The overall resi-dential construct.ion 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 nullifr or invalidate any other section of this Ordinance. Section Five: The map and legal description are hereby incorporated by attachment. 16 Segtion Six: In consideration of the weather emergency situations of December 2007, and within the overall public interest, the Board extended the decision date on these CP amendments to January 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the MPR for Black Point met the legislative intent of Resolution 113-07 as the decision date for the legislative decision. This Ordinance becomes effective on the date it is executed. APPROVED AND ADOPTED this 2Bth day of January 2008. Y t0{,JEFFERSON COUNTY BOARD OF COMMISSIONERS 1t) 1' r:. i ti e a PhiI J Da }J ArrEsrl CMC Deputy Clerk of the Board Approved as to form: David Alvarez,Deputy J A 3)zal a Attorney 17 a, .?.i0\ 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 101, and together with DNR leased tidelands supporting the Pleasant Harbor Marina. PARCEL A: The NorEheasc L/4 of Ehe goui,h'f,crt LlL of SccEion 15, Toh,nship 25 NorE,h, R&ng€ 2 w€6t, W.M., ln rTcffereon County, l,)aehingEon; TOGETIIER wITiI a perpetual non-exclueive%asern€nt for road andutillEy purFosea through, acrose and over ehe fol.lowlng detcribed proPerty l Beginntng at Ehe SouthoasE corngtr of ehe souEhuesE 1,/4 of Lhe NorEhweBt L/4 of eal.d SecEion l.5r thence run we€t, along t,he gouth line of eaid EouthvesE L/4 of. Ehe NorEhwesE 1/4, approximaEely L?5 feer t,o Ehe SouEhertry lineof Blaok Point County Road,. t,hence NoruheasEerly, along gald Southerly 1tne, Eo a point 30 feeE Norch of sald South line wherr measured ac rlgrhr angloa; thence East, parallel Eo sald gout.h line, Eo Eho Eaab linc otaald SsuthwesE 1/4 of Ehe Norr,lrwesE l./4,. Lhence gouLh 30 feet. Eo t,he polnl, of beglnning; A.lilD over and acroag Ehe We€b 30 f,eot, of, tbo SouEh 30 teet of Government Lot 4 ln aald Sect.lon 15. SlEuaEe in the eounty of Jef,fcraotl, St,atse of washlngt,on PARCEL B: The East L/2 of Ehe NorthwesE 1.,/4 of che Sout,hwest L/4 oE SecEion15, Townehip 25 Norct!, Range 2 }|est, W.M., in Jetfereon coungy, Waohing9on,. sxcEP? EhaE Forclon thereof,, lying 'riehin a etrip of land conweyed tso Ehe sEate ot l{aehlngeon, for SEate Road No. 9, Duckabush Rlver-North Sccclon, by dccd daEed Augrust 28. 1933, and recorded under Audttor'6 flle No. ?081?, raeordE of Jefferson County, Washingtoa. SlLuaue ln the County of rTefferaon, State of WaehingEon. 99999 -91 7 4 t-EGAL I 3 88965. I PAR.CEL C: Those port,ions of Sect.lons 1.5 and 22, both in Township 25 Norch, Range 2 WesE, w.M. , .ref ferson County, Washington, desetibed as follows: The souEhweeE L/4 ot the Southeaet l/4 and Governrnent IJoE 7 of said Sectlon 15, and GovernmenL Ilot8 2 and 3 oE said SecLion 22i EXCEPT chose porEions r.hereof lylng Eaet of the WesE line of rhe East 595.00 feet. of said SouthweeE L/4 at che southeagL 1/{, and East of Ehe Southerly prolongation of eaid WesE Ilne; Airso BXCEPT uhaE portiofl of the West 100.00 feeu of eaid GovernmenE Lot 7, lying Soueherly of Ehe Noruh 539.0C feel thereof. TOGETHER WITH tidelands of the Second Clase, as conveyed by che sEaEe of Washington, sltuate ln fronc of, adjacenE to and abuttlng upon the wesu f/e in width of said Government tot 2, ln said Sect,ion 22. Sit,uate in the County of .Tefferson, State of WashingEon. PARCEL DI Thau porgion of Ehe NorEhwest, 1/4 of the SouEheasl t/A in SecElon 15, Townshi-p 25 North, Range 2 l{est W.M., Iying SouEherJ.y of ihe Black Point, Road as conveyed to *Jefferson County by deed resorded under AudiEor's !'11e Noe 223427, recordE of Eaid Counuy; EXCEPT that portion deseribed aa follows: ThaE portion of the Nort,hr,res| t/4 of t,he souLheast L/4 of SecEion 15, Township 25 NorEh, Range 2 Wesl, !f,M., described as follows; Begtn-nlng at Lhe polnu of intersect,lon of rhe Eaet line of bhe Nort,hwegt L/4 of the Souuheaet L/4 and rhe SouEherly margin of the Black Polnt Road; thence Soueh along Lhe said BasE Ilne, a disEance of 300 feet; Ehence Wesf, 350 feeLr Lhence North Eo ehe PolnL of lntereeetion wlth. che Southerly margin of Ehe Black Polnt. Road; thence EaeEerJ-y along sald Southerly margin Eo bhe Point of Beginnlng. Sltuat,e in the CounEy of ,Iefferson, State of Washingtson. 99999 -97 7 4 lLEQAL I 3 8 89965. I FARCEL E: Thau poruion of the SouthwesE 1/4 of t-he NorEhweet, l/4 of Sectiorr15, Townshlp 25 l{orE,h,, Range 2 West, w,M., os f6}}qws: A Btrlp of land 250 feeE wide Iying Eascerly of and paralLel tothe Sout,heasterly rlghu-of-way of, StaE,e Hlghway I01i EXcEPf Eh6 rlghc of way tor Black PolnE, Road aB conveyed to ,.Tetfereon Count,y by deed reeordod under Audltor'e Fi].e No, 223421 and 41.0339, records of Jeffaraon County, lfashington. ALSO EXCEPTING THEREFROM t,he following deacrLbed tract i BeglnnlnE at Ehe souEhwests corner of govsrnmcnE LoE 3, Lhence Narth a8'23'0?n We$E 308.14 feeE f,o Ehe SouEheasterlyrighL-of-way at SEate Highway No. I01, and tshe TRIJE pOINT OF BEGINNING; Lhence SouEhwesterly along sald Hlghway. 117 [eet, chence SouEh 88' 23' O?tr East,, Bo a poinE 175 feet $IesE cf ehe hlgh Eide line; Ehence NorEheaet.erly Eo a poinE on thc NorEh line of Ehe SouthwesE L/4 of Ehe NorthweeE t/4,100 feeE wesE of, s*id high tide Iine; E,hENCE Nort.h 88 O 23' O?'' WEBt tO thE TRIIE POINT OF BEGINNING Of Ehis exception. siE.uate tn the counLy of Jeffergon, St.aE€ of, ltaahlngron, PARCBL P: IJoc 1 of WaEertouch ShorE P1atr, aE recorded in Volune 2 of ShortPlacs, pagea 205 and 206, records of ,feff,erson County, WashingLon, being a portiou of Section 15, Townahlp 25 North, Range 2 West,, W.tl ., 'Jeffereon CounLy, WashlngUon. SituaEe in che County of .fefferpon, SEaEe of, Waehinguon.. PARCEL G: LoE, 2 of WauerEouch ShorE P1ac, qE recorded in Volume 2 of ShcrEPIaEg. pagcfr 2O5 and 206. recorde of ,Ieff ereon County,waehlngt,on, belnE a lloruion of aaeElon 15, rownship 25 NorLh, RanEs 2 WeBt, W.M., ulefferson County, Waahinge,on. Slt,uate ln Ehe County of Jeffereon, State of Washingt,on. s9999 -97 7 4 tLEcAL I 3889965. I PARCEI, H: I,oE 3 of, ?Iat,ert,ouch thort PlaEr aB rrcorded in Volume 2 of thorEPIats, pages 2o5 and 206, rceorda of Jefferson County, I'lashington, being a portioa of Sectlon 15, Township 25 NorLh, Range 2 Weet, W.M., Jeffereon Countyr tlaehingbon. Sit,uate in t.he County of ,Jefferson, 8t.aEe of lfashington. FARCEII I: IJot. 1, PleasanE Harbor Marlna Short PLat, eE per plat recorded ln Volume 2 of Short, Plate, pages 221 to 223 and amended in volurne 3 oi Short Plat,s, pagee I Eo 10, recorde of ,f,eftereon County, Washington, EXCEPT that, porElon of loE I described aa follous: That porbion of Government IJot 3 abuEcing 2nd clase r,idelands in Seetion 15, Townehip 25 NorEh. Rang6 2 we6t, !1.14., Jef ferson Councy, tlashlngton, belng more particularly described ae followsr Commencing at Ehe NorEh Ll4 corner of Section 15, Tovnehip 25 NorLh, Range 2 ?{FEE, W.M., ,Jefferson County, waehinEEon; Lhence South 88' 13' 42" East along the North Llne of 6aid SecLion 15 for a digtance of, 36,1.50 feet Eo the point of beglnning; thenco cont,inuing Soueh 88o 13' 42tt EasE 238.?5 feet, t,o Ehe llne of mean high ride; t.hence South 6t' 12' 00,. I{est along Ehe Ilne of mean high tide 34,78 feeE; Ehence North e0' 41, 5{n ulest along Lhe llne of mean high tide 3.31 feet; Ehence souEh 62" 36, x9n Weet aLong the line of mean hlgh cide 26.83 feeE;. chence SouEh 87o ,5{' 35rr Weet 166.65 fcat; t,hence North 21" 2!' 05'. !'Iest. 43.00 f eeE to Ehe poinE of beginning. AllD ALSO EXCEPTING Second CLaes Eideland as coilveyed by the SEaEeof trlashingEon, in fronE of , adjacent Eo and abuttlng Ehe abovedeecribed excepEed uplands. SiEuate in Ehe County of ,.]efferson, Seate of WaahtngEon. 99999 -977 4n-EcAL I 3 889965. I PARCEiT J I S()An6do/L TOGEfIIER WITH second claee tidelande,tlaehington, ettuate 1n fronE af, Ehereon. ItoE 2, PleaeanE Harbor Marlna ShorE PlaE, aE per plae racordcd in Volume 2 of ShorE, PJ.aE,s. paE6E 221 Chrough 223, and amended ln Volume 3 of, ShorE Flata, pageE 8 through 10, reeorde of .feffergon Counly, Wa8hinEton. aa qenvaycd by E,he gtat,e of adlacenE to and abuccing SltuEte t.n tlre Count,y of lrefterdon, gtaEG of, WashtngEon. FARCET, Kr 5;oZ lf leo Bqoqt* Thoee port,ions of Etre SouthweaE L/4 of Bhe sout,h3asc L/4 of Sectlon 15, arrd Government, Lgg 2 of Sectlon 22, both ln Townehlp25 North, Range 2 t{eet, ffl ,M., .fefferson Counuy, WaehingEon,descrlbed as follows: Tlre Baet 345.00 feeE of, said Southwoet L/4 of tha SouEheaeE 1/{, aE mcasured. along Ehc North llne tshereof ,. TCGETHER WI'[H thaE, porclon of said GovernrnenE Lot 2lylng EasE of Ehe soucherly prolongaUion of E,ha t{est }lnc of, sald EaEE 3{5.00 feeE,,. SlEuatse in Ehe CounEy of Jeff,ereon, Stsabe of WachingEon. PARCEL L: goztf ae1 Joa* FIF{;,F Those porcions of. uhe SouthwesE l/4 of the Southeaet L/4 ot Secrlon 15, and covernm€nt Lots 2 of SectLon 22, boEh 1n Townehlp25 Nort,h, Range 2 WesE, H.M., rfeEferaon eount,y, waehlngton, deecrlbed ae follows: The EaEE,52o.oo feeE IeEs ehc East 345.00 feqc of said SouehrpeetLl{ of tshe SouEheasE l/4, aa meagured along Ehe NorEh llne thereof ?oGEm{ER WIT}I fhat porEion ot sald Government Lot 2 lyinE Btseof the Southerty prolongation o! Ehe West llne of eald Eart 520.00 feeE, and t{est of the Southerly prolongaBl,on of Ehe EaECIlne of sald EaeE 3{5.00 teet. Sj.EuaEe 1n the Count.y of, Jeflcrcon, gtate of t{aEhlngEon. 99999 -97 7 4 TLEGAL I 3 8 8996s. r PARCEL M: f L,Zr{ S>ZZ Ch tpt# fTlepuF Thoae portions of the Southwest, L/4 of the $out,heast L/4 ofSectlon 15, and Governmgnt Lot 2 of, SecELon 22, both ln Township25 Nort,h,. Range a .West.. W.M.. .feff,eraon OCuEny, WaohingEon, The EasE, 595.00 feeE l""lr,Ehe EaEE 520.00 feet of said Southwestl/4 of, the SoutheisE Ll4, E8 measured along E,he Nort,h 1lne thereoE. TOGETHBR WITII tshaE portion of eaid Governmcnt tots 2 Lylng East ofthe souE.herly prolongauion of c,h€ s{eet, Ilne of Eald BasE 695.00 feeu and Weet of the goutherly prolongation of E.he EaEt, llne of eaid Baet, 520.0O feee. Sltuate 1n t,he Count,y of Jefferson, SEaE,e of, gtashlngE,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' Records exarni.ned Eo FelrBrry 10, 20(,6, at 8:oo A-M t" r''r ..!alt .i,, . .1 :r'': ' 99999 -97',1 4 lLECAl, I 3 889965. I ordinanceNumber: o1-0128-oB Exhibit B MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR Brinnon MPR BOCC Adopted Boundury January 14,2008 DNR Lease Legend i,._,,,_,! MPR Boundary tauq g* m6st rd 0 250 500 1,000 Feel Flgure 8.aqd&dffi.I r r t I r r .t,-l w NOTICE OF ADOPTION BY TIM JEFFERSON COI]NTY BOARD OF COMIVIISSIOI\TERS OF' COMPREHENSTYE PLAIY AMENDMENTS NOTICE IS HEREBY GI-N 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 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 for the 2007 amendment cycle are enacted in a separate Adoption Ordinance. Availability of Information: Copies of the adopted ordinance are available at the Jefferson County Courthouse, 1821 Jefferson St., Port Townsend WA 98368, (360) 385-9100. A copy of the full text of the ordinance will be mailed out upon request. Background information is available at the Dept. of Community Development, 621 Sheridan Street, Port Townsend and on the DCD web pages: www.cojefferson.wa.us/commdevelopment. Contact Karen Barrows for more information: (360) 3794482 or kbarrows@so jefferson.wa.us . Michelle Farfan From: Sent: To: Cc: Subject: Attachments: M ichelle Farfan < M Farfan@co jefferson.wa.us > Tuesday, March L4,20\7 L0:41 AM Susan Porto Stuart Whitford Draft Neighborhood Water Policy for Pleasant Harbor MPR Attached Image (588 KB); Neighborhood Water Supply Program.pdf; 01 0128 08.pdf Hi Susan and Stuart: I have attached a draft Neighborhood Water Policy as required by Ordinance 01-0128-08 (also attached); specifically condition 63p as imposed by the BOCC for the Pleasant Harbor MPR. I attached the preferred alternative map from the FSEIS as well. Please review the draft Policy and let me know if you have any comments, additions, deletions, etc. on or before April 3L,2017. Once finalized, this Policy will become an appendix to the Development Agreement and recorded with the county Auditor. As you may know, I will have to present the Development Regulations and Development Agreement with a staff report to the BOCC for their consideration. Thank you for your time, 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 mfarfa n @co. iefferson.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 (orfor 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. 1 Davld Hamllton Archlt6ct wA 920 1ffi-76 Prcl€ct Narne: PLEATSANT ]IARBORIrlrr Plrnn.d Ren Figura:Atternative 3: Overall Slte MARITIME VILLAGE PLEASANT HOUSE 2oo-FT S|{ORELTilE UARINA accEss (PROPOSEo) }TARMXE BUILDING VISITOR OIVNER us 101 HIGHWAY @ r--t h PLEASANT HARBoR - Ml$lA tDGoLf ESOPT - ARU CICUUIONS !3 ACR6 UmuOUs: r2t PERvlO6: &'. @UMUNNru$IT AreAU4 rcRB UxlTSrlll YABMME UUOE ABISAG l-Jm:6 - @TER,rGSOI (:Wf,rcGMa*sA ,DUNMx.msEqm I Hru'lilu'"* -UNEVFTA!um - IINHNGru@NOASI srMou^Rrxs ,2 UNS I [lmEuuoEEurqs :l.m sJ of,nGtoal - BEDIRHSSI rtnr(rucrotExlmomu@E) T EIMSGEDEHB?BSAEMRrcAHO&llt rffi{uw.mcm|ffE) EIA,RBMIIAU MUIIGu&@vreRo&t@sr. 8ED & BREAKFAST BY OIHERS) SI{ORELINE L*,^*SEA LEVEL EUILDING RO GOLF COURSE AND RESORT D WATER J. r GATE I I xrrru I rt tL Y*3 KETru C a .7'. Darld Harnlton ArchlEctlYAg&toGFTrG ProrctNaf!:PIIAIA,.T}llEN16rPlmdn-dr Ftg[Jrl: Ebb:tLGllnbcr f2,2016 TIARITIITE VIIJ.AGE ?IIASANT ITI'SE 200-FT grotEuxE YARIt{A ACCESS (PioPr6EO) Il^RMIE 9ut-0FG YIS'IOR OXTER us ,0t @. r-]rr- 4L PLEASANT HARaon - MARltlA ANDGOIT ffisORT - @@Emqmffi &4r&lJms NTI'GW ^IhrElm5 aqrmmMNl@Dlm mgxm SEMtrlmBED E EREAXFAS' BY OIHERS) SI{OREUNE AIfrE[5m SEA IIYE.ImIIjMNrpq[/ralJm reWiJW6lJm40u.m DIIw&rlmGBxmmSrrrra) EGIIGT@(I}'Ishmrerrmc^reffimmE) MllmrlJmM[@rI$. !ULDOIG j0 GAIE ootf couRsE COT'TUN]TY RECREAIION D B UATEN PLEASANT HARBOR NEIGHBORHOOD WATER SUPPLY PROGRAM APPLICATION NO. G2.30436 February 24,2010 The following four elements to protect existing water rights concern water right application no, G2-30436: 1. Monitorinq Proqram This rnonitoring program meets and exceeds all requirements for a High Risk SIPZ zone as defined by Jefferson County. Though Pleasant Harbor is not located in a high+isk zone, the resort has committed these resources to assure its neighbors and the County that the aquifer is being wisely used and protected. A copy of the Pleasant Harbor Groundwater Monitoring Plan, as revised February, 2010, is attached and incorporated herein ("monitorlng plan"). The following summarizes the monitoring program. (a) (b) (c) Water quality samples will be collected on a quarterly basis. Flow meters will be installed. Pleasant Harbor will have a very thorough network of monitoring wells (8) which will be used to document draw down conditions in the aquifer. (d) The network will include monitoring aquifer salinity conditions on one-half hour increments. (e) The locations of Pleasant Harbor wells will be located over 1,000 feet from any neighboring well or the shoreline. (0 The existing well has supplied water at similar to proposed rates with no adverse impacts (chlorides = 0). Hydrogeologic analysis is completed, Pleasant Harbor will route all site water into the aquifer in such a manner that the aquifer will actually be receiving more water than under existing natural conditions. (i)This program will be continued for five years or until the resort has achieved full build-out, whichever is longer. 2. Recharoe Areas. Pleasant Harbor will set aside recharge areas to mitigate an impact scenario or provide access (connect) to neighboring parcels to (g) (h) Neighborhood Water Supply Program - Page 1 the Pleasant Harbor water system in the event of a problem with increased chlorides (we also have the option to drill them a new well). The identification of an impact is already presented in the County's SIPZ program. 3. lnitial Mitioation Measures. lf the monitoring program and evidence of increased chlorides in neighboring wells show a probable salt water intrusion impact on the wells from Pleasant Harbor's withdrawal of groundwater, Pleasant Harbor will implement a plan to mitigate or minimize such impact by considering lower pumping rates and/or adding points of withdrawal, in addition to recharge as provided in paragraPh 2 above. 4. Water Suoplv Replacement. ln Jefferson County's approval of the FE1S completed for Pleasant Harbor, Jefferson County has included condition P, the Neighborhood Water Policy, which requires Pleasant Harbor to provide access to its water system by any neighboring parcels if salt water intrusion becomes an issue for neighboring wells on Black Point. Statesman proposes to expand and define the terms of this policy as a condition of the water rights, as follows. lf the initial mitigation mea$ures stated in paragraphs 2 and 3 above do not correct or resolve the salt water impacts detected by the monitoring program, Pleasant Harbor will offer at its cost sufficient rnitigation and/or replacement water for potable water for any existing home on a well that has an increase in chloride levels as follows and under the following conditions: (a) The neighboring resident's well is within the radius of influence of the Pleasant Harbor wells. Until such time that Ecology has sufflcient evidence to dellneate this area of influence, wells located on the Black Point Peninsula in the same aquifer as Pleasant Harbor's wells are covered by this neighborhood policy. (b) The well owner provides conclusive evidence that, over a statistically relevant period of time, chloride levels have increased over chloride levels in the well prior to Pleasant Harbor's use of groundwater, including but not limited to, evidence that the increase in chloride levels is from the Pleasant Harbor groundwater use and not from the construction of the well owner's well, and the data from the monitoring program is consistent with the increase in chlorides. As a default standard, Pleasant Harbor will provide an alternative water supply if chlorides in a well exceed baseline (pre-Pleasant Harbor groundwater use) by 15% that results in levels above 200 mg/l; or levels increase by 30% that results in levels above 100 mg/l over a 12-month period (250 mg/l is the SDWA standard). (c) Pleasant Harbor has the right to request additional evidence from the resident showing that the Pleasant Harbor groundwater withdrawal is the cause of the increase in chlorides if the increase Neighborhood Water Supply Program - PageT is isolated to one well, the increase is likely caused by another problem, and the only reasonable water replacement is a new well. (d) The monitoring program will be continued for five years or until the resort has achieved full build-out, whichever is longer. After this period, the level of monitoring may be deoreased unless there is significant data showing increased chlorides, and Ecology determines the rnonitoring program must be contlnued. (e) lf Pleasant Harbor provides replacement water from the Pleasant Harbor system, it may apply for consolidation of the water rights under RCW 90.44.105. The well owner will waive any claims against Ecology or against Pleasant Harbor for any impairment of the water right if Pleasant Harbor offers a reasonable alternative source as provided above. Neighborhood Water Supply Program - Page 3 cc A rf erfo6 5 c€€STATE OF WASHINGTON County of Jefferson AN ORDTNANCE APPROVING ONE l COMPREHENSIVE PLAI\I AMENDMBNT, } FILE NUMBER } MLA06-87 [STATESMAN] ] OrdinauceNo. 01-0128-08 WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required by the Growth Management Act ("the GMA"), ffi 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 arc analyzed in Ordinance No.02-012 B-08 herein analyzed is only one proposal, MLA06-87 [Statesman], which was approved unanimously by the Board; and WHEREAS, an adopting Ordinance is required to formalize the Board's legislative decision with respect to MLA06-87, and; WHEREAS, the Board makes the following Findings of Fact and Conclusions with respect to the 2007 Comprehensive Plan Amendment Cycle and the amendment contained herein: 1. The County adopted its Comprehensive Plan in August 1998 and its development regulations or Unified Development Code (UDC), Title 18 in the Jefferson County Code (JCC) in December 2000. The CP was reviewed and updated 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. 1 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 L,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 7,2007, 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 staffresources. 1 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. 2 13. t4 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.02-012 B-08 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 conformance 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 transmitted to the Board through formal memoranda dated November 28,2007, and are part of the record for the legislative decision. 3 l9 2l 22. 23 20 24 29. 25. 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. 113-07 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. 26 4 Step 2: The Comprehensive Plan land use map designations on page 3-45 for this area would be changed to reflect a Master Planned Resort as outlined in the November 27,2007 Final Environmental Impact Statement on page 1-4." See Exhibit "B" to this Ordinance. 30. Step 3: The Board was required to apply criteria from JCC 18.45.080, generally referred to as deliberations, findings and conclusions, and growth management indicators. 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 serye 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 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, hnally 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 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 5 zoned Rural Residential and not Commercial Forest under the Growth Management Act, and therefore this finding is not required within the proposal. 35. Step 6: The Board entered an affirmative statement that consistency with the Brinnon Sub- Area Plan, adopted on May 1,2002, specifically Goals 1.0 and Policies 1.1-1.3, is achieved, as each of the pertinent criteria are met by this proposal. 36. Step 7: With respect to JCC 18.15.126, the Board affirmed that only a Comprehensive Plan amendment application was under consideration, and that the development agreement and zoning code guiding MPR projects will come before it in a subsequent process after the adoption of this CP amendment. A subsequent development agreement and zoning code shall be consistent with this CP amendment. This criterion applies to each of the following code references contained within Step 7. 37. With respect to JCC 18.15.025 and JCC 18.15.115 on land use districts, the Board concluded that new zoning code language will be developed at a later phase, describing a second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR currently designated under the CP. 38. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on purpose and intent, and consistency with RCW 36.7AA360. 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. 6 42 43 44 45 47. 48. 49. 50. 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 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 submiual; 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(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 millagement 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 PIan 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, 2A07. The Board's findings and conclusions with respect to the growth management 7 indicators are augmented by the September 5,2007 staff findings and conclusions, except when and as noted below. 51. With respect to JCC Section 18.45.050(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. 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 36.7AA360) 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)&Xv), 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 1, 2002, and that there have not been any overarching or countywide changes in circumstances that would dictate or require a shift in the policies reflected in the CP with respect to MPR designations. 57. With respect to JCC Section 18.45.050(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. Pursuant to JCC Sections 18.45.080(2)(c) and 18.45.080(lxb), the Board finds that: (1) Circumstances related to the proposed amendment and./or the area in which it is located have not substantially changed since the adoption of the Jefferson County Comprehensive Plan. (2) The assumptions upon which the Jefferson County Comprehensive Plan is based continue to be valid. (3) Based upon public testimony, the proposed amendment may reflect current widely held values of the residents of Jefferson County. 59. In addition to the required findings set forth in JCC Section 18.45.080(1)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). 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.g., sheriff, fire, and emergency medical services, parks, fire flow, and general govemmental services). (ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan. (iii) The proposed site-specific amendment will not result in probable significant adverse impacts to the county's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. (iv) The subject parcel is physically suitable for the requested land use designation and the anticipated land use development, including but not limited to the following: a, Access b. Provision of utilities; and c. Compatibility with existing and planned surrounding land uses. 9 (v) The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole. (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the basis of the Comprehensive Plan. (vii) If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the Countywide Planning Policy for Jefferson County, applicable inter- jurisdictional policies and agreements, and local, state and federal laws. 61. Master Planned Resorts are governed under a distinct statutory provision within the GMA. They are not Rural Lands, and thus are not Limited Areas of More Intensive Rural Development (LAMIRDs). Instead, RCW 36.70A.360 provides that new MPRS "...may constitute urban growth outside of urban growth areas as limited by this section." 62. MLA06-87 is submitted by Statesman Group of Companies, LTD. The application is for a Master Planned Resort (tvIPR) designation. (See Exhibit A for the complete legal description and Exhibit B for a map.) 63. In consideration of the public interest, and pursuant to the authority that is granted the County legislative authority under SEPA by RCW 43.21C.060, WAC 197-11-660 and Jefferson County Code 18.4A.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. l0 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 advenise 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. 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 than3}o/o 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 culfural 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, nssure 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 permiued prior to establishing adequate water rights and an adequate water supply, n) Approval of a Class A Water System by the Washinglon 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 l0l and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature trees between U.S. Highway 101 and the Maritime Village, wetlands, and wetland buffers, Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at its expense, shall manage these 13 easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Highway 101. 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 setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas," Evergreen trees and understory should remain as undisturbed as possible. Statesman shall infill plants where appropriate with indigenous trees and shrubs. v) In keeping with an approved landscaping and grading plan, and in order to satisfy the intent of JCC 18.15.135(6), and with special emphasis at the Maritime Village, the buildings should be constructed and placed in such a way that they will blend into the terrain and landscape with park-like greenbelts between the buildings. w) Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of 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 removed 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 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 (DA) Zone E-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 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. 15 NOW, THEREFORE, BE IT ORDAINED as follows: Section One: Under MLA06-87 [Statesman], the map of Comprehensive Land Use Designations is hereby amended to reflect that the parcels of property located in Brinnon, Washington, and found in the legal description (see Exhibit A to this Ordinance) accompanying this CP application, shall be given in their entirety an underlying land use designation of Master Planned Resort. Section Two: The Comprehensive Plan narrative on page 3-23 would be amended to add language below the last paragraph that would read: Early in 2008, Jefferson County designated a new Master Planned Resort (MPR) in Brinnon. The new Master Planned Resort is 256 acres in size and includes the Pleasant Harbor and Black Point areas. The Marina area is existing and would be further developed to include additional commercial and residential uses such as townhouses and villas. The Black Point area of the new resort. would incl-ude new facilities such as a golf course, a restaurant, a resort center, townhouses, vill-as, staff housing, and a community center. The overall residential construction would not exceed 890 total units. Section Tfuee: 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. t6 Section Six: In consideration of the weather emergency situations of December 2007, and within the overall public interest, the Board extended the decision date on these CP amendments to January 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the MPR for Black Point met the legislative intent of Resolution 113-07 as the decision date for the legislative decision. This Ordinance becomes effective on the date it is executed. APPROVED AND ADOPTED this 28th day of ,January 2008 I rY tOt JEFFERSON COUNTY BOARD OF COMMISSIONERS jt Phil van a. ArrEsrj ,|.r't.*- J?0 CMC Deputy Clerk of the Board Approved as to form: David Alvarez, Deputy C J Austin 3)ZAlB Attomey 17 t ,ta e 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 westerly of US l0l, and together with DNR leased tidelands supporting the Pleasant Harbor Marina. PARCEL A: The Northeaat !/4 of the gouch'rcat LlL oC SecEion 15, Township 25 NorE.h, Rsng€ 2 ll€Et, W.M,, ln rTaffereon County, lilashingBon; TOGETIIER WITH a perpetual non-exclusive4asernenE for road aDdutillEy purpoEee through. acrose and over che followlrrg descrlbed properEy: Beginnlng at Ehe SoutheasE corn€r of ehe gouEhwest 1,/4 of Lhe NorEhweat L/a of eald SecEion 15r thence run weat. along the Soulh line of eaid SouthlresE L/4 af, the: NotEhwee:. 1/4, approximaEely 1?5 feec. to che Southerly lineof Bl.ack Polnt County Road; chence NoruheasEerly, along sald $outherly 1tnc, Eo a point 30 feeE Norch of sald south line wherr meaautred aE righB anglee; thence Eaa!, parallel Eo sald gouEh line, eo lhe Eaat, linc of eald SoutheeesE L/4 of che Northwesc 1.,/4,. thence Souuh 30 feeu to the polnl, of beglnning; AtilD ovex and acroag El.e Weet 30 f,eots of tho SouEh 30 leet of Governments Lot, 4 ln eald Sectlon 15. SlEusEe in Ehe County of ,Jef,ferson, geaEe of WashlngEon' PARCEL B: The Eaet L/2 of Ehe NorthwesE 1,/4 oE rhe SouEhweet t/4 of Section 15, To\,rnship 25 Nortlr, Range 2 },}esE, W,M., in Jatferdon Coungy, WaehingLon; EXCUPT tbac lon thereof,, lying wlEhin a strip of land , fo! $Eate Road No. 9, datscd Augrust 28, 1933, and 81?, reeorda of Jefferson to sE{ee ol w&sh1conveycd Duckabush ForCthe RLver-Nort,h SeeElon, byrecorded under Audltor's F1le No. Count,y, Washington. nEE,on dacd'to SlEuaue in the Count,y of rTe.tfer€on, SCaL€ of WaehingEon. 99999 -97 7 4 n EGAL I 3 889965. I PARCEL C: ThoEe portions of SecElons 15 and 22, both in Township 25 Norch, Range 2 Wese, W.M., .lefferson County, Washington, deseribed as followg: The souf,hweeE L/4 of the Southeast l/4 and Government IJot 7 of said Sectlon 15, and Government LDIB 2 and 3 of said SecEion 22i EXCEPT choee porcions rhereof lylng East of the WesE line of rhe Easc 695.00 feet. of eaid gouthwegc t/4 ot che SoutheasE 1/+, and East of the Southerly prolongatlon of said West llne; ALSO EXCEPT chat porbinn of Lhe West 100.00 feet of Government Lot 7, lying Southerly of Ehe Nort.h 539,0C thereof. eaid feet TOGETIIER WITH tidelande of the Second Clase, as conveyed by che Stace of Washlngton, sltuate in fronE of, adjacent to and abutElng upon the WesE l/2 in width of said Governmen[ LoL 2, ln said SecEion 2?, Situate in the County of Jeffersonr State of WaehingEon. PARCEI.I D: Thau poruion of che Nort.hweBt 1,/4 of the SouEheasL l/4 in SecLion 15, Townshlp 25 North, Range 2 West W.M., lylng SoutherJ.y of the Black Point, Road as conveyed to 'Jefferson County by deed recorded under AudiEor's !'ile Noe 223427, records of Eaid Counifi EXCEPT that porElon de-oeribed as follows: ThaL port.ton of Ehe Northuest, 1/4 of ghe,goutheasE Ll4 of SecEion 15, Townehip 25 North, Range 2 weEt, !f,M., described as follows; Begln-nlng at the polnt of inEersection of Ehe EasE line of bhe Nort,hwest Llt of the Sout,heaet t/4 and the Southerly margin of the Black Polnt Road; Ehenee SouEh a3.ong Ehe said Basu llne, a dieEance of 300 feet; Ehence Weeu 350 feeLr Ehence North to che FoinL of lnterseet.ion r,rlth. Ehe Southerly margln of Ehe Black Polnt. Road; thence EaBE,erIy aloag sald Soubherly margin E,s bhe Point of Beginnlng. Sltuat,e in the CounEy of ,.7efferson, StaEe of WashingEon. 99999 -977 4|LEGAL I 3 889965. I PARCEL E: ThaE porCion of Ehs SouLhwesE 1/4 of t-he Northwesb l/4 of Sectiorr 15, Tovrnohip ?S Nort,h, Range 3 West, w.M., as fol]ower A eErlp of land 250 feee wide lying EasEerly of and paral}el to the Sout,heasterly rlghE-of-way of StaEe Hlghway I01i EXCEP? Eh6 righE of way for Black Polnt, Road aa conveyed to Jetfergon County by deed recorded undcr Audltor'e Fi].e No, 223421 and 410339, recordg of ,Ieffareon CounEy, Washington. ALSO EXeEpTINc THEREFROM Ehe Eollowing deacrlbed traet I Beglnning at Ehe sourhwest, corner of, OovornmcnE, troE 3, chEnce N6ruh ee'23'0?s wesE 308.14 feet co Eh6 Southeasterly righL-of-way oE SEate Highway No. I01, and Ehe TRUE POIMI oF BEGINNING; Lhence SouEhwesler1y along sald Highway. 11? !eeE, Ehence souEh 88'23' o?o East, to a point" 1?5 feet, weEE cf the hlgh Eide line;chence NorEheaeterly Eo a poinE on Ehe Nort,h line of Ehe Southwest L/4 of uhe Northweee t/4,100 feeE wesE of said high cide fine; EhENCE NOTt.h 88 O 23' 07{ }IE6E tO thE TRIIE POINT OF BEGINNING Of Ehis exception. siEuate In the CounLy of Jef,f,eroon, St'ato of $laahingcon. PARCEL P: IJot, 1of wau€rtouch lihorE P1aE, ag recorded in Volurne 2 of ShortPLafs, paEes ?05 and 206, recorde at rTeff,erson County, WashingLon, being a port.lon of SecEion 15, Townahip 25 NorEh, Range 2 Weat,, W.M., 'Jeffereon CounEy, WaehingEon. Sit,uate ln cho county of Jef,f,erson, StaE€ of, WashingLon. PARCEI; G: LoE, 2 of WaEertouch short, PIaE, as recorded in Volume 2 of, Shcru Platss, pages 205 and 206, recordE of ,fefferson CounEy,washingt,on, belnE a Iloruion of saellon 15, townahlp 25 NorE,h, Range 2 WeBts, W.M., ,fefferson CounEy, WaBhington. SiEuat,e 1n E.he CounEy o! Jeffereon, State of Wasshingt,on. s9999 -97 7 4 TLECAL I 3 889965. I FAR,CEL H I LoE, 3 of WaE,erE,ouch 6hort PIal,, as rucorded in Volume 2 of ShortPlats, pageE, 2o5 and 2oB t recorda of ,Jef ferson CounEy, f']ashlngton, being a portion of Sectlon 15, Township 25 North, Range 2 Weet, !f .M., Jeffereon County, llaahingbon. Situate in che County of .Ieffereon, 6t,aEe of Washington. PARCEIT I: LoE. 1, P1eaeanE Harbor Marina ShorL Plat, aa per plat recorded In Volume 2 of ShorE Plata, pages 221 to 223 and amended in Volume 3 oi Short PlaE.s, pages 8 Eo 10, recordg of 'Jeffereon County, l'Iashington, EXCEPT t.haE. portlon of lot I described ag f ollows: That porbion of GovernmenE IJot 3 abutting 2nd class E,idelands in Section 15, Township 25 Nort,h. Rang6 2 West, W.M., Jefferson CcunE,y, IllashlngEon, belng more particularly deecribed as follows r Comrrcncing aE fhe NorEh J'l4 corner of SecBion 15, Tovnship 25 NorLh, Range 2 wgsE, W.M., 'Jeffcreon County, waahingEon; Lhence South 88- 13' 42t' East, along the NorEh llne of Eaid SecLion 15 for a diat,ance of 36.1.50 feet, Eo the point of beglnning; thence cont,inuing Sor-leh 88o 13' 42n Ease 238.?5 feet t,o the }lne of mean high uide; thenee souEh et'iz'00'. t{eeE along Ehe line of mean high tide 3{.78 feeE; Ehence North qoo 4L, 5d" lfegt along the llne of mean high tide 3.31 feeE; Ehence SouE,h 62o 36' lgrrwegt along the line of mean hlgh uide 26.A3 feeB; . Ehence Souch 870 -54' 35,r rlest 155,55 fact; thence NorLh 21' 2!' 05,r West 43.O0 feeE Eo Ehe point of beginning. AND AL,SO EXCEPTING Second CLase Eideland as conveyed by the SEaEeof llashingEon, in front of, adjacent go and abutflng Ehe abovedeeeribed excepced uplands. SiE,uaEe in Ehe County of .Tefferson, State of WaahlngEon. 99999 -97 7 4 ILECAL I 3 8 89965. I PARCELT J: SOZl€dotL I,ot 2, PleaaanE Harbor Marina shorE PJau, ae Volume 2 of Shor.t, PLaEB, pageo 221 through Volume 3 of Shore P1aEs, pageE I Ehrough 10, CounLy, Waehlngt,on. l, per plae racorded in 223, and amend€d ln recorda of .fefferson as qenveycd by Ehe staBe of adJacenE Eo and abucting TOQETHER I{ITH second claae tidelande,Washlngton, sltuate 1n front, of, E,hereon. Sj-tuate t.n the CounEy of r,feffer6on, StatG of, $Iashlrrgton. PARCEIT K: g;oe t b'3&o gP'*N Those port,ions of E,he SouEhweaE L/4 of t,he soutshBasE L/4 ofSectlon 15, and Government lroU 2 of Secflon 22, both ln Townshtp25 North, Rangc 2 West, W.M., ,Jefferson County, Waehingrton,descrlbed ae follows: Ttrcc Baat 345.0o feeE of eaid Southwcet L/4 of Ehe SoutheaeE 1/4, aE meacured along bhe North Ilne thereof ,. 'I'CGETHER FIf'IH thaE, porEion of said GovernrnenE Lot 2lylng East of, Ehe Sout,herly prolongaEion of ehe West llne of sald EaBt 3{5.00 f eetr,. StEuate in t,he County of Jeffereon, SEabe of Waehingt,on. PARCEL L, 90ztf nrel JOe* M}Al{tz6 Those porEion6 ot. che Eoutsh'deBE L/4 of the $outrheaet l/4 ot Sect,lon 15, and Covernme,nt IroE Z o! Eection 22, bot,h ln Townshtp25 NorEh,, Range 2 WesE,, W,M., .fefferson Coufrty, waehlngton, deocrlbed ae f,ollows: The EasE 520.00 feeE less ehc East 345.00 feec of eaid gouEhweeE L/4 of tshe SouEtreasE 1/4, aa meaeured along che NorEh llne Ehereof TOGETI{ER ,IITH that porEion of sald Government IJot, 2 lyinE BasCof the Southerly prolongatlon of the west line of eald Eart 520.00 feeB and l{est, of the Eoutherly prolongatl,on of Eh6 EaGgIlne o( said EasE 345.00 !eet. SlEuaEc 1n Che CounUy ot Jeffcrton, gtete of t{aEhlngton. 99999 -9"1 7 4 II-EGAL I 3 8 89965, I PARCEL M: f aZJ{ S>ZZ Ch apc# fTle''trt€ Thoee portions of the Soubhwest, L/4 of the SourheaEt L/4 ofBectton 15, and Government, Lrot tr of, SecELon 22, both ln Township25 NorEh,. Range 2 .y.Iesf .. W,M., .feff,ereon OCuEny, WaehingrEon, The Eaet 695,00 feet l."lr,Eh€ EaEt,520.O0 f,eet of eaid Southr*estl/4 of the $outheast, 'L/4r €rB measured along Ehe North 1lnothereof. TOGETHBR WITH thaE portion of said Governmcnt tots 2 lylng Easb of t,he SouBher)-y prolongatsiorr of Ehe l{eer llne of, sald Basc 595.00feet and West of the gout,herly prolongat,ion of, the EaEC llne ofsaid Eaet, 520.0O feeE. Sltuate 1n che CounEy of rJefferson, St,aE,e of, FtaEhlngEon. 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. L t-- 99999 -97 7 4 TLEGA L l 3 889965. r Ordinance Number:01-0128-08 Exhibit B MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR Brinnon MPR BOCC Adopted Boundury January 14,2008 DNR Lease Legend Jj,1f. nar* ffis,Fd Flgure I w 0 250 500 1,000 Feet lrrrllrr.J NOTICE OFADOPTION BY TIIE JEFTERSON COTINTY BOARD OF COM]\dISSIOI\TERS OF COMPRE,HENSWE PLAI\T 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, 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 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 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, 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 Barrows for more information: (360) 379-4482 or kbarrows@co jefferson.wa.us . Michelle Farfan From: Sent: To: Subject: Attachments: Michelle Farfan < M Farfan@co jefferson.wa.us > Wednesday, March 08,20L7 4:02 PM jesse.Schultz@dfw.wa.gov; M ichael Dawson Draft Tunicate Agreement for Pleasant Harbor Master Planned Resort, Brinnon wDFW tunicate draft L0-21-201-0.doc HiJesse and Mike lhaveattachedadrafttunicateagreementdonein2010. AsyoumayrecallthisagreementisrequiredperJefferson County Ordinance 01-0128-08 subject to 30 conditions imposed by the Jefferson County Board of Commissioners. Specifically, condition (t) states that the marina needs to be monitored and to maintain an inventory of tunicates and other invasive species and to participate with county and state agencies in an adaptive management program. As I move forward with the draft development regulations and draft development agreement , I am also trying to get all the MOU's finalized which will become an appendix to the development agreement to be presented to the BoCC for a decision. Please review the agreement and let me know if you have any additions and/or changes on or before April 17,2017 Thanks in advance, 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 mfarfa n @co. iefferson.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. Underthe 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. 1 PUEaSaNT HARBOR 308913 US Hwy IOl, Brinnon WA 98320 (3601 796-4,61 r (8OO) s47-347e Fox: (866) 8484612 October 212010 - MARINAANDGOLF RESORT - INVASIVE TUNICATE MONITORTNG AGREEMENT Washington Dept. of Fish and Wildlife THIS AGREEMENT, by and between Pleasant Harbor Marina and Golf Resort LLP (Resort) and Washington Department of Fish and Wildlife (WDFW) 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 0l-0128-08, paragraph 63(t) regarding monitoring of invasive tunicates and other invasive species, which provided a requirement "to 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 programs to eliminate, minimize, and fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village". Current activity The Resort has been aware of the Invasive Tunicate issue in not only our marina but in Pleasant Harbor in general. The staff of the Resort has cooperated with WDFW to allow access to the docks for monitoring and removal. In the past the Resort has hosted volunteer diver efforts to monitor and remove invasive species from the docks. The Resort replaced the wooden fuel dock in the spring of 2009. The Resort Best Management Practices currently follow State and industry guidelines regarding in water boat maintenance and cleaning. The Resort development plans include future replacement of existing wood docks with exposed foam flotation. Prooosed Agreement Understanding the potential harm invasive species may cause, the Resort offers to take the following steps to assist WDFW and local agencies to monitor and control the spread of non native aquatic species at Pleasant Harbor Marina. The Resort agrees to: l. Cooperate to establish a plan to monitor invasive species. In the past WDFW has been limited in their ability to accept the help of volunteer divers because of liability reasons, the Resort will work as much as possible with WDFW to develop a useful monitoring plan. 2. Cooperate with WDFW in their effon to find ways to control or eliminate invasive species. This will include allowing reasonable access to the Marina facility to experiment with most effective ways of eliminating invasive species. 3. Provide educational materials and information to Resort tenants and visitors regarding identification of invasive species and steps they may take to help prevent the spread of invasive species. 4. Properly dispose of any in water structure such as docks or pilings that are replaced. These structures will not be allowed to leave Pleasant Harbor by water with living invasive tunicates attached. If any docks are to be towed from the harbor they must be hauled out and dried prior to leaving the harbor. Any structure to be destroyed will be properly disposed of according to state and county standards. Page I of2 Signature_ Print Managing Member 308913 US Hwy lOI, Brinnon WA 98320 (360) 796-46r r (800) s47-3479 Fox: (E66) 8484612 Date IL PIeaSaNT HARBOR - MARTNAANDGOLF RESORT - June 28,2017 This agreement between WDFW and the Resort is sufficient to satisff the Jefferson County condition to conduct ongoing monitoring of tunicates and other invasive species, and participate with the County and State agencies in an adaptive management programs to eliminate, minimize, and fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. Approved By Washinglon Department of Fish and Wildlife Signature_ Print Date Authorized Representative for Invasive Aquatic Species Pleasant Harbor Marina and Golf Resort LLP Page2 of2 Michelle Farfan From: Sent: To: Cc: Subject: Ti m Manly Fire Chief <tmanly@brinnonfire.org > Saturday, March L1-,2017 L2:L2 PM Don Coleman Garth Mann (Garth.Mann@statesmang roup.com); M ichelle Farfan (M Farfa n@co jefferson.wa.us) Re: Pleasant Harbor Resort Hi Don, I left a message for Michelle on3/9.1 believe she'll be back in the office Monday and and she's attached to this email. Michelle call me when you get a chance. I have a staff meeting at 9 am Monday but available after 11am l'd also be happy to meet as well. Coordinating a time and place is the factor. Let me know. Looking forward to this project. Tim Manly Sent from my iPhone On Mar L'J., 2017 , at 8:40 AM, Don Coleman <don@pleasantharbormarina.com> wrote Hi Chief Manly, Following up on the MOU required by county for the resort development agreement. Michelle Farfan from DCD called me Wednesday to check progress and had some comments on what she thought was needed. laskedhertocallyousoshecanexplainherselfwhatcountywants, lthoughtitwouldbe easier that way rather than trying to interpret myself what they require. Have you had a chance to talk to her and time to work on this? l'll be happy to meet to discuss, and Michelle said she will be happy to meet with us if it helps get this done. Tha nks ! Don Don Coleman Cell (206-714-1.482) Pleasant Harbor Marina From: Don Coleman Sent: Thursday, February 1.6,2077 9:04 AM To: tma nlv@ brinnonfire.org Subject: RE: Pleasant Harbor Resort Hello Chief Manly, Michelle Farfan is the planner at DCD assigned to our project. She asked me to make sure the fire/EMS mou includes the subjects hi-lited in the attachment. Thought I should pass it on in case you haven't seen it yet. Don 1 Don Coleman Cell (206-714-1.4821 Pleasant Harbor Marina From: Tim Ma nly Imailto:tma nlv@brinnonfire.org] Sent: Wednesday, February l,2Ot7 1:29 PM To: Don Coleman <don@pleasantharbormarina.com> Subject: RE: Pleasant Harbor Resort Don, could you call me. 360-301-4539 Need to change our meeting time Friday Thanks From: Don Coleman [mailto:don@pleasantharbormarina.com] Sent: Monday, January 30,2Ot7 11:11AM To: Tim Manly Fire Chief <tmanlv@brinnonfire.org> Cc: Ron Garrison (rgarrison@brinnonfire.org)<rgarrison@brinnonfire.ors>; Meril Smith (msmith(@brinnonfire.org) <msmith@brinnonfire.org>; Ken McEdwards (kmcedwards(@brinnonfire.org) <kmcedwards@brinnonfire.ors>; Garth Mann (Garth.Mann@statesmangroup.com) <Ga rth. Mann @statesma ngroup.com> Subject: RE: Pleasant Harbor Resort Chief Manly, I need to apologize, I forgot I am scheduled to be at the marina booth at the boat show in Seattle Tue- Thur. I could still do Friday or any day next week except Monday. Sorry for my mistake. don Don Coleman Cell (206-714-14821 Pleasant Harbor Marina From: Tim Ma nly Fire Chief Imailto:tmanlv@ brinnonfire.org] Sent: Sunday, January 29,2077 7:45 PM To: Don Coleman <don@pleasantharbormarina.com> Cc: Ron Garrison (rsarrison@brinnonfire.org)<rgarrison@brinnonfire.ors>; Meril Smith (msmith@brinnonfire.org)<msmith@brinnonfire.org>; Ken McEdwards (kmcedwards@brinnonfire.org) <kmcedwards@brinnonfire.org>; Garth Mann (Garth.Mann@statesmangroup.com) <Ga rth. Mann @statesma ngroup.com> Subject: Re: Pleasant Harbor Resort Mr. Coleman, I would like to meet Thursday. Would you like to meet for lunch? 2 Tim Manly Fire Chief Sent from my iPhone On Jan 29,2017 , at 7:31 PM, Don Coleman <don@pleasantharbormarina.com> wrote: Hello Chief Manly, My name is Don Coleman and several years I was working on the fire MOU required by the county for the MPR. We didn't give up on the project but things moved so slow with SEIS and county that we opted to wait until forward movement could be expected. Rather than a long email describing where we are currently, I would like to meet and explain where we are and go over the MOU draft. I could be available Thurs or Fri this week, or almost any day next week. Best Regards Don Don Coleman Pleasant Harbor Maarina Cell (206-714-1.4821 3 Michelle Farfan From: Sent: To: Cc: Subject: Attachments: Michelle Farfan < M Farfan@cojefferson.wa.us> Tuesday, March L4,20L7 9:24 AM Philip Morley Patty Charnas 1,2/28/15 Draft Housing MOU w/edits from DWJ and Garth Revised 11-3-L5 MOU housing(Garth edits).doc Hi Philip: I sent you a draft housing MOU on 3/13. ljust found a more recent draft housing MOU with edits from David W Johnson and Garth Mann from t2l28lt5 for your consideration. My apologies for any confusion Thank you for your time on these MOUs. Regards, 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. iefferson.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. 1 30t9I3 US Hwy l0l. B;innon WA 98320 (360) 796-{61 I (8ool 547-3479 Fo* (866) t4B46t2 PLEASANT HAREIoR September 29 20 I 0 MEMORANDUM OF I.]NDERSTANDING 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 ofthe Pleasant Harbor Marina and Golf Resort (Resort), now under regulatory review by the County, not addressed by increased revenue from the proposed Resort and subject to supplemental mitigation to assure concurrency in accordance with the ordinance of approval, Ordinance 01-0128-08, paragraph 63(c), which provided a requirement that the SEIS review memoranda of understanding on appropriate mitigation for the following: To provide needed support for the Brinnon School, Fire District, Emergency Service (EMS), StaffHousing. Police, Public Health, Parks and Recreation and Transit... And Condition 63(e) which states. "The develooer shall commission a study of the number of iobs expected to be created as a direct or indirect result ofthe MPR that eam 800/o or less ofthe Brinnon area averase median income (AMI). The develooer shall provide affordable housine (e.s.. no more than 30olo of household income) for the Brinnon MPR workers rouehly oroportional to the number ofjobs created that eam 800/o or less of the Brinnon area AMI. The developer may satisfo this condition throueh dedication of land. pavment of in lieu fee. or onsite housins development. Housing Rental housing in the Brinnon area is limited as described in Section 3.5.6 of the Final Environmental Impact Statement for the Proposed Brinnon Master Planned Resort (FEIS) (November 27,2007). The Resort will take the following steps to mitigate housing impacts related to the Resort development: l. During construction, construction workers will have access to temperary-hensing-at-the existing 60-unit RV facility on site as stated on page 3-65 ofthe FEIS. 2. Once constructed b), the develooer. there-rvill$e-aAffordable staffhousing-(nEllrtslgllhAn 30% of income) will be available to accommodate a developed-oend*ien workforce frqlqef 104 to 208 emplovees (52 Double Occuoancy per bedroom Suitest\,ve b€droomunitr). This will be located abayein the Agra-Center Mernten€n€e Building/Staff Quarters, a multi-use structure in the golf course/resort area.-€fu&€--site-d€sign€d=+o mi*imize-the-impe*ieu$ To comply with the rouqh proportionaliW under Condition 63(9). those full-time staffwho make less than $34.143 (80o/o of the Brinnon AMI) annually and who are not able -abl+to reside on-site in the StaffOuarters due to full occupancv. shall be compensated by the resort developer/operator for the difference between their off-site rental exoense that is over 30olo oftheir monthlv take-home waee. 3. Senior management will be housed in the GolfChalets 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. Full-Time Bookine staffwho do not earn more than $34.143 annually shall not pav more than 307o of their take-home monthlv income for housins. Fomatted: Left, Indent: Left: 0" Aporoved Bv Jefferson Countv I of 2 4_ Indent: Left: 0" Print Date Jefferson County Approved By M. Garth Mann (President & CEO Statesman Grouo) Date 2 of2 Michelle Farfan From: Sent: To: Subject: Attachments: M ichelle Farfan < M Farfan@cojefferson.wa.us > Wednesday, March L5,2017 L2:43 PM jesse.Schultz@dfw.wa.gov; Roma Call; Michael Dawson; Don Coleman (don @ pleasantha rbormari na.com); Garth Ma nn; Stua rt Whitford Draft Water Quality MOU from 2011 with edits from Don and Michael; Pleasant Harbor Master Planned Resort, Brinnon water quality draft 6-9-2011MD.doc; 01 0128 08.pdf Afternoon all Attached is a 2011 draft water quality MOU with previous edits from Don and Michael. As you may recall, this MOU is a requirement of Ordinance 01-0128-08 subject to 30 conditions; specifically condition r. l've attached the ordinance for your reference. The MOU will become an appendix to the Development Regulations that will be presented to the BOCC for final decision. Please review (or forward to appropriate personnel in your department) and provide any comments/edits you have to me on or before May 1.,2017. lf you need additional information, please let me know Regards, Michelle Farfan Associate Planner, Brinnon MPR Lead Jefferson County Department of Community Development 62l 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. 1 308913 US Hwy l0l, Brinnon WA 98320 (360) 796-461 I (800) 547-3479 Fox (866) 8484612 PLEASANT HARBOR Draft June 8.201 I Water Ouality Monitorins Plan Jefferson County Board of County Commissioners Ordinance No. 01-0128-08 (63-r) requires the Pleasant Harbor Master Planned Resort to prepare and implement a Water Quality Monitoring Plan. "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 the 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 ofpollution, discharge, and/or contaminant loading, in addition to any onsite monitoring program" Consideration should be taken for the following impacts on the water quality in Pleasant Harbor l. Private Development a. 20 different people or agencies own the property surrounding Pleasant Harbor, including WDFW and State Parks. b. There are two marinas, Pleasant Harbor Marina and Home Port Marina. c. There is a State Park public dock and a WDFW boat launch d. There are at least 6 private docks. e. There are at least l0 private residence structures visible from the water, including one house owned by Pleasant Harbor Marina. f. As of fall 2010 there is ongoing construction on at least one building site on the southeastern bluffof the harbor. g. Vessels are sometimes anchored unattended for weeks or months in the harbor. 2. State Property a. The new WDFW public boat launch sees increased use each year, including extensive commercial use by Tribal fisheries. b. With the improvements at the parking area and access to the State Park dock near the entrance ofthe harbor, the dock atkacts more visitors. 3. Pleasant Harbor Marina currently: a. Offers the only pump out service and fuel for visiting boaters in Central Hood Canal. b. Enforces strict rules regarding pump out, fueling, boat maintenance and storage within the marina property. c. Is recognized as a Washington Clean Marina and has achieved the EnviroStar Clean Marina certification. 4. Pleasant Harbor Marina (and Golf Resort): Proposed Improvements and Expansion a. The proposed Master Planned Resort development will not increase the number of moorage slips. b. Fuel dock and fuel systems have been replaced and improved to meet strict environmental requirements. c. The Marine Sewage Pump Out system has been replaced and improved to offer more pump out stations and more reliable equipment to the public. d. Pleasant Harbor Marina strictly enforces Best Management Practices (BMP's) including a no discharge policy concerning black water, contaminated bilge water, fuel, oil or any other chemicals hazardous to the environment. 4L - MARINAAND6OTF RISORi Water Quality Monitoring Plan June 8, 201 I e. Pleasant Harbor Marina currently publishes a monthly newsletter with information reinforcing the BMP's of the Marina. f. The Resort Development will follow strict environmental standards during and after construction. In the context ofthe affected environment described above, the Pleasant Harbor Marina and Golf Resort proposes to participate in a program to monitor the impact of developments, both private and public, to the water quality ofPleasant Harbor. Performance Standards Performance standards will meet Washington State Ecology requirements per WAC 173- 201A. WAC 173-2014-600 (l )(a)(iv) designates all fresh waters that are tributaries to extraordinary quality marine water, which Hood Canal is so designated, as core summer salmonid habitat for aquatic life uses. (Methodologt and Quality Assurance guidelines will be established and submitted to Jefferson County ll/ater Quality Department for approval after the requirements and criteriafor this program are approved). Initial test sites will be the five [ites bhql4t S!, Fieqtg ? Oeep j) qf 4ppefr4[ 2 of the 2007 DEIS (copy attached). Sampling ls cunentiy Ueing aone in otti"iioCations 6y ottrei igencieJ. to avoid duplication ofeffort data from other agencies may be used ifpossible, Ifnecessary a sample site between the Duckabush River and Quatsap Point will be added. Table I below illustrates proposed water quality parameter goals for the marine sampling locations in Pleasant Harbor based on WAC 173-201A-210. Table I Sites should include some to ihe south of the Duckabsh River md Point. Water Qualig' Farameter Category Criteria Ecology Regulatioins wAC 173-201A- 210 Comm€ntad [MD2li IfD O. gor low in the h&bo. the absence of a widcpread D.O. prcblem in swoundrng wdes dren we would wut nfrriens b be l@ked ar, pmicululy Nitrogen Commented [MD3]: We would like to see Fcal Coliform md Nirogen added o prmeters to be Comm€nEd [dc4]: not foud WAC mrine Nirogco may be added ifneded.I have wAC t73-201A- 210 wder stodards for nitogen.(don) Aquatic life pH Extraordinary Within the range of 7.0 to 8.5 with a human-caused variation of less than .0.2 units Aquatic life Turbidity Extraordinary Turbidity must not exceed: 5 NTU over background when background is 50 NTU or less: or A l0 percent increase inturbidity when the background turbidity is more than 50 NTIJ Aquatic life Dissolved oxygen (DO)Extaordinary 7.0 mg/L for lowest l-day minimum wAC 173-201A- 210 Aquatic life Temperature Exhaordinary I 3 degrees Celsius for highest I -day maximum (l-DMax) wAC 173-201A- 210 Water Contact recreation bacteria criteria Fecal coliform organism levels must not exceed a geometric mean value of l4 colonies/l00ml, with not more than l0 percent ofall samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceedine 43 colonies/l00mL wAC 173-201A- 2lo 2of4 Water Quality Monitoring Plan June 8, 201 I The Resort proposes to coordinate with Jefferson County Water Quality Department, Washington State Department of Health, the Hood Canal Salmon Enhancement Group and the University of Washington to verify acceptable [tandards Sr Pleasant Harbor. The overall environmental health of Hood Canal can fluctuate greatly from year to year and season to reison depending on a number of factors including rainfall, temperature, wind, influx of ocean water, stratification and currents. Water quality can be dramatically different from southern Hood Canal near Belfair, Hoodsport, Hamma Hamm4 Dabob Bay and Seabeck. The samples taken in Pleasant Harbor should be compared with samples taken in the central part of Hood Canal considering the overall environmental situation at the time the samples are taken. flistorical [amplgs an4 4!tSt!rg_tj.g{r.s should be compared with Jefferson County Water Quality data to help accurately evaluate any changes in sample data from test to test. Comment€d [MD5]: Data should be reponed to Jefferson Couty W8ter Quality Dept qudsly. Resuls exceeding waer quality stod[ds should bc repofred within 48 houE. CommenEd [MD6]: Other relevmt agencies ile Dept of Ecology od State Dept ofHealth (DOH). ComltEnEd [ak7]: Phone @nveEation with Bruce Bqbour l/5/l t DOE d6 not need o be involved widI this agreement ..don Commcnbd [,lDE]: Jeffereon Comty Water Quality h6 l@al data to ampue witll 6 doo Erclogy md DOH. Comm€ntsd ililD9l: Additional smpling may need to be conduced close to the swpected souce to identiry fie source. JeffeNon Couty Watfi Quality Depmmmt should be notified imediately. Jefferson County Water Quality Department will receive quarterly reports and will be notified immediately of any unacceptable results. In the event that lunacceptable [991 1ggqlts qlg {Sq!!. g!_ - - . property owners surrounding Pleasant Harbor shall be considered partners and act to identift as closely as possible the source and cause. Additional sampling may be needed to identify the source, expense for additional sampling will be the responsibility ofthe property owner ofthe suspected source. Adaptive Management This water quality monitoring plan may be modified based on an analysis of results, comparison of existing data sources and consultation with Jefferson County. Alternative management decisions will be addressed as more project details develop and as results are analyzed. The monitoring plan may be revised over time so that it remains effective and reflects industry standards. Examples of revisions that may be addressed include o Sampling sites may be added or removed depending on appropriateness of sampling locations to final design e Monitoring schedule may be modified based on the evaluation of results . Updated or improved sampling techniques based on new technology o Revise parameters to reflect changes in existing environmental concems Year Schedule Eommentd Pre-construction Quarterly Establish baseline conditions in marine waters ofPleasant Harbor lst year construction Monthly Monitor water quality during construction 2'd year construction Monthly Monitor water quality during construction 3'd year Quarterly As analyses are evalualed and results are favorable, the sampling can be modified with approval from Jefferson County 4s year Quarterly As analyses are evaluated and results are favorable, the sampling can be modified Mth approval from Jefferson County 5m year TBD Schedule to be determined based on analysis ofresults and need for modification of schedule and monitoring points after approval from Jefferson Counly. 3of4 Water Quality Monitoring Plan June 8, 201 I thrlrc Sufley lry.t.r Quslily Locidon B-aldbnd[ {ktrhLklk -o*.h4h(0 V\hter ouatty Sdnple Locatbn lnd lD Sh. Figur. Z a -!$,,,t{ lrra'{rr .Br'1,('J r/rxrtr oE *!E lrurx.ile rat.d Ed trf mF DI. ua nrt lt (rB, rr:r r.6$*t ar kn l!!#rr:l E!+f i&di r nxr{$irn. lq. rdr 'i.irr,{ nn rt rrlA'A "* t ryrrc6JddJrNlrild d. u'[r!.urc'nrF P ejsin: Herbor l{erins and Goll ReEort Brinnon, \r*a8tringbn GroEHe rHrr^O 4of4 6o o fLt .!l,t t' o cc:%" Jr.?.,n+ r/erfo6 STATE OF WASHINGTON County of Jefferson AN ORDTNANCE APPROVTNG ONE l COMPREHENSIVE PLAI\I AMENDMENT, } FILE NUMBER } MLA06-87 [STATESMANI ] OrdinanceNo. 01-0128-08 WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required by the Growth Management Act ("the GMA"), ^ codified at RCW 36.70A.010 et seq., set in motion and now completed the proper professional review and public notice and comment with respect to any and all proposed amendments to the County's Comprehensive Plan originally adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended, and; WHEREAS, as mandated by the GMA, the Board has reviewed and voted upon the proposed amendments to the County's Comprehensive Plan ("CP") that composed the 2007 Comprehensive Plan Amendment Docket ("the Docket"), and; WHEREAS, of the ten (10) proposals that compose the Docket, three (3) were rejected; one proposal, MLA07-104, has been forwarded to the 2008 CP Cycle; the Board has approved or approved with conditions six (6) of the remaining proposals, five (5) of which are analyzed in Ordinance No.02-0128^08 herein analyzed is only one proposal, MLA06-87 [Statesman], which was approved unanimously by the Board; and WHEREAS, an adopting Ordinance is required to formalize the Board's legislative decision with respect to MLA06-87, and; WHEREAS, the Board makes the following Findings of Fact and Conclusions with respect to the 2007 Comprehensive Plan Amendment Cycle and the amendment contained herein: 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 l8 in the JCC. 1 3. The amendment process for the CP must be available to the citizens of this County [including corporations and other business entities] on a regular basis. In accordance with RCW 36.70A.130, CP amendments can generally be considered "no more frequently than once per year." 4. This particular amendment "cycle" began on or before March 1,2007, the deadline for submission of a proposed CP amendment. 5. MLA06-87 was timely flrled on by March 1,2006, and carried over to the 2007 cycle in December 2006, because a separate environmental impact statement was deemed necessary, and this work could not be performed in 2006. 6. The 2007 CP process started with nine formal site-specific amendments and three suggested amendments (for a total of twelve), all of which were placed on the Preliminary Docket through the CP amendment process contained at JCC Section 18.45.050. 7. The Planning Commission and the Board of County Commissioners held a joint workshop on April 4,2007 to provide an opportunity for the site-specific CP amendment applicants to make public presentations on their proposals. 8. The Planning Commission held a duly-noticed public hearing on the Preliminary Docket on April 18, 2007. 9. The Planning Commission completed its recommendation on the Preliminary Docket on April 18,2007, recommending that all twelve original CP amendment applications be placed on the Final Docket. 10. The Department of Community Development (DCD) issued a Review of Preliminary Docket on May 7 ,2007, analyzing the proposals on the Preliminary Docket and offering the following recommendation: that two of the three suggested amendments be eliminated from the Final Docket due to limitations on staffresources. 11. The Board established the Final Docket on May 14,2007 as nine site-specific amendments plus one suggested amendment. 12. The Department of Community Development (DCD) issued an integrated Staff Report and State Environmental Policy Act (SEPA) Addendum on September 5,2007, analyzing the proposals on the Final Docket and offering preliminary recommendations for each, ) 13.All of these amendments have been subject to a SEPA-driven analysis through the DCD Staff Report and SEPA Addendum dated September 5,2007. In addition, a separate Draft Environmental Impact Statement was published on this date pertaining to the site-specific application analyzed in this ordinance, MLA06-87 (Statesman), with an associated 45-day public comment period ending at close of business on October 24,2007 . An associated addendum issued with the Final Environmental Impact Statement was published on November 27,2007 . For further analysis of the other five (5) amendments comprising the 2007 CP cycle, see Ordinance No.02-012 B-08 14. The Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) were undertaken and generated pursuant to the State Environmental Protection Act (SEPA) and a determination by the SEPA-responsible 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. 15. The FEIS was prepared in conformance with SEPA requirements and the amendment in this ordinance is the alternative identified in the DEIS as "the proposal." 16. The Planning Commission held a duly-noticed public hearing on MLA06-87 (Statesman) on October 3,2007. Oral public comment related to this proposed amendment was taken during the public hearing, and written comments were accepted through the close of business on October 24,2007 . 17 . The Planning Commission deliberated on MLA06-87 at special meetings on October 31, 2007, and on November 14,2007, reviewing the growth management indicators, findings, and conclusions relative to JCC 18.45, and completed recommendations on November 20, 2007. 18. The above statements indicate that the proposed CP amendment was and is the subject of "early and continuous" public participation as is required by GMA. 19. The Planning Commission recommendations were transmitted to the Board through formal memoranda dated November 28, 2007 , and are part of the record for the legislative decision. 3 20. 21. 22 23 24 The Planning Commission recommended to the Board seven conditions be affached 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 flrnal EIS included staff responses to 17 different categories covered in over 400 public comment letters, expressed orally and in writing by the public and by various local and state agencies regarding this application during the public comment period. 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. 113-07 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. 26 25 27. 28. 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 27,2007 Final Environmental 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 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(l) 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, intemal 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 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 5 zoned Rural Residential and not Commercial Forest under the Growth Management Act, and therefore this finding is not required within the proposal. 35. Step 6: The Board entered an affirmative statement that consistency with the Brinnon Sub- Area Plan, adopted on May 1,2002, specifically Goals 1.0 and Policies 1.1-1.3, is achieved, as each of the pertinent criteria are met by this proposal. 36. Step 7: With respect to JCC 18.15.126, the Board affirmed that only a Comprehensive Plan amendment application was under consideration, and that the development agreement and zoning code guiding MPR projects will come before it in a subsequent process after the adoption of this CP amendment. A subsequent development agreement and zoning code shall be consistent with this CP amendment. This criterion applies to each of the following code references contained within Step 7. 37. With respect to JCC 18.15.025 and JCC 18.15.115 on land use districts, the Board concluded that new zoning code language will be developed at a later phase, describing a second Master Planned Resort in Jefferson County, since Port Ludlow is the only MPR currently designated under the CP. 38. The Board affirmed the appropriateness of the proposal with respect to JCC 18.15.120 on purpose and intent, and consistency with RCW 36.70A.360. A new MPR is thus appropriate at this location. 39. The Board further determined that in accordance with JCC 18.15.123, a subsequent development agreement and zoning code will ensure consistency with said section. 40. The Board affirmed that the provisions of JCC 18.15.129 are applicable to this proposal, pertaining to the nature of the application as a Type V legislative process, and include a draft master plan (summarized in the FEIS), a site-specific CP amendment, and require a development agreement at a later phase in the process. 41. The Board affirmed that decision-making authority is granted to the Board under JCC 18.15.132, after ensuring the veracity of the planning commission process, and after reviewing its recommendations. A development agreement and zoning code will be developed in a subsequent phase. 6 42. With respect to 18.15.135, the Board concluded that the application to develop will take place at project-level phases subject to the development agreement and zoning code, consistent with this approval of the CP amendment. 43. The Board determined that 18.15.138 shall be amended at a later date to include revisions and/or additions to Title 17, in order to establish a zoning code for the Brinnon MPR. This shall be accomplished through a Type V legislative process. 44. Step 8: With respect to the directives set forth in RCW 36.7\,the Planning Enabling Act, the Board concludes that all steps in the process were conducted properly, including the application submittal; the public process, review, and recommendations by the Planning Commission; the public process conducted by the Board; its own findings; and its position as the sole decision-making authority whereby the Planning Commission's recommendation is advisory only and the final determination always rests with the Board. 45. Steps 9-14: The Board determined that the procedural requirements of JCC Section 18.45.080(2)(c), in which for all adopted amendments the Board shall develop findings and conclusions which consider the growth management indicators set forth in a) JCC Section 18.45.050(4)(b) (i) through (vii, and b) items (i) through (iii) in JCC Section 18.45.080(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 staff to 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. 53. 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(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, With respect to JCC Section 18.45,050(4xbxii), 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 servlc9s. 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 ttrat the assumptions upon which the CP is based have generally not changed. 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. 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 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. 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. 8 58. 59 60 Pursuant to JCC Sections 18.45.080(2)(c) and 18.45.080(lXb), the Board finds that: (1) Circumstances related to the proposed amendment and/or the area in which it is located have not substantially changed since the adoption of the Jefferson County Comprehensive Plan. (2) The assumptions upon which the Jefferson County Comprehensive Plan is based continue to be valid. (3) Based upon public testimony, the proposed amendment may reflect current widely held values of the residents of Jefferson County. 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) findings as specified in Section 18.45.080(1)(c)(i) through (viii). Pursuant to JCC Section 18.45.080(1)(c), the Board enters the following findings: (i) The proposed site-specific amendment meets concturency 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 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 land use development, including but not limited to the following: a. Access b. Provision of utilities; and c. Compatibility with existing and planned surrounding land uses. 9 61 (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 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 (lvIPR) 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. 62 63 l0 b) All applications will be given an automatic SEPA threshold determination of Determination of Significance (DS) at the project level except where the SEPA- responsible official determines that the application results in only minor construction. c) The project developer will be required to negotiate memoranda of understanding (MOU) or memoranda of agreement (MOA) to provide needed support for the Brinnon school, fire district, Emergency Medical Services (EMS), housing, police, public health, parks and recreation, and transit prior to approval of the development agreement. Such agreements will be encouraged specifically between the developer and the Pleasant Tides Yacht Club, and with the Slip owner's Association regarding marina use, costs, dock access, loading and unloading, and parking. d) A list of required amenities shall be in the development agreement along with conditions for public access. e) Statesman shall advertise and give written notice at libraries and post offices in East Jefferson County and recruit locally to fill opportunities for contracting and employment, and will prefer local applicants provided they are qualified, available, and competitive in terms of pricing. f) Statesman will prioritize the sourcing of construction materials from within Jefferson County. g) The developer shall commission a study of the number 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 than3Oo/o 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 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 r2 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 l0l and as appropriate on the shoreline. Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not be limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature trees between U.S, Highway 101 and the Maritime Village, wetlands, and wetland buffers. Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at its expense, shall manage these 13 easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Highway 101. 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 satis$ 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 feafures, 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 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., 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) Zone E-l standards for the MPR. These standards are recommended for "areas with intrinsically dark landscapes" such as national parks, areas ofoutstanding natural beauty, or residential areas where inhabitants have expressed a desire that all light trespass be limited. aa) In fostering the economy of South Jefferson 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 35o/o of rental and time-shares to permanent residences per JCC 18.1 5.123(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. 15 NOW, THEREFORE, BE IT ORDAIhI-ED 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 Mari-na area is existing and would be further developed to include additional commercial and residential- uses such as townhouses and vi,llas. The Black Point. area of the new resort would i-nclude new facilities such as a golf course, a restaurant, a resort center, townhouses, vi1Ias, 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. Sec.tion 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 nullifr or invalidate any other section of this Ordinance. Section Five: The map and legal description are hereby incorporated by attachment. l6 Section Six: In consideration of the weather emergency situations of December 2007, and within the overall public interest, the Board extended the decision date on these CP amendments to January 14, 2008 by Resolution No. 113-07. The Board's adoption of the motion approving the MPR for Black Point met the legislative intent of Resolution 113-07 as the decision date for the legislative decision. This Ordinance becomes effective on the date it is executed. APPROVED AND ADOPTED this 2Bth day of January 2008 t 1 t0u JEFFERSON COUNTY BOARD OF COMMISSIONERS jt PhiI J a. ! t, '- trl ,e r'I ATTEST;?ior D , CMC Deputy Clerk of the Board Approved as to form: David Alvarez,Deputy 3)zal a Attomey 17 I a Exhibit A Ondinance No. 01-01-28-08 The Pleasant Harbor Master Plan Resort at Black Point shall consist of the properties described below, excluding only that potion of any parcel lying westerly of US 101, and together with DNR leased tidelands supporting the Pleasant Harbor Marina. PARCEL A: The NorE,heaac L/4 of t,he gout.hrdeat Ll4 oE gcction 15, Township 25Nort.h, Range 2 I'IcEt, W.M., ln ilcffercon County, $taslringEon; TOGETHER WITH auEillEy purpo6e€t properEy: Beginntng at uhe SoutrhsaaE corn€r of ehe souEh&rest 1,/4 of Ehe NorEhweet, L/4 of eald Section L5rthence ruxr wect, along t,he goulh fine of eaid SouthvesE L/4 ot Ehe. NorLhweeE 1/4, approxirnaEely L?5 feee t.o Ehe Souf,herly lineof Blaok Polnt eou:ltty Road; Ehence NorEheasEerly, along sald SouEherly ltne, Eo a point 30 feeE North of sald South line wherr meaoured ac rlght anglae;thence EaaE, paralle1 co sald gouth line, co Ehe Eart lina ofeald gouLh$esB L/4 of Ehe Northweet t,/{ithence Souuh 30 feet Eo t,he poln! of beglnning; AluD over and acroas t,he Weet 30 f,ecE of ths South tsO teec of Government Lot 4 In said Sectlon 15. SlEuaE.s in Ehe County of rTeffcrf,on, 8Eat,e of ?{aahlngton. PARCEL B: fha East L/2 of Ehe NorthwesE 1,/{ of che SouEhweet l/4 of. Section J.5, Township 25 North, Range 2 }|egt, W,M., ln Jefferoon County, Washing9on; BXCEPT Ehac porElon thereof,, lying wlEhln a strip of landconveyed to the sE,eca of Waehlngcon, for 8t,aEe Road No. 9, Duckabush Rlver-North Secc!on, by dccd datsd Augrust 28. 1933, andrecorded under Audltor's F1Ie No. ?081?, reeordB of JeffersonCounty, Washingtoa. SlLuase ln tshc Count,y of ,Jefferson, State of, WaehingEon. perp€tuaI non-exclueiveTasernent f,or road and Ehrough? acrose and over Eha followlrrg descrj.bed 99999 -97 7 4 lLEGAL I 3 8 89965. I PARCEI C: Those portions of Sectlons 15 and 22, both in Township 25 NorCh, Range 2 WesE, W.lv1., uefferson County, Washington, deecribed as fo]Iows: The Sounhweet L/A of the Sout,heaet L/4 and Government IJoE 7 of sald Sectlon 1"5, and Governmeng lrotg 2 and 3 oE said SecLion 22; EXCEPT uhoee BorEions thereof lylng East of, the West line of the Eaec 695.00 feet. of aaid Southwesu L/4 at che Southeast, !"/e, and East of the Southerly prolongatlon of Eaid Wesb line; AIJSO BXCEPT Lhat portion of t,he Heet 100.00 feeE of eaid GovernmenE Lot 7 , lying Sout,herly of Ehe Nort.h 539,0C feeL thereof. TOGETHER WITtt tidel.ands of Ehe Second Clase, as conveyed by che scace of WashinEton, gltuate in f,ronE of,. ad.jacent to and abuttlng upon the l,teEE 1/2 in widt,h of said Government Lrot 2, In eaid SecEion 23. Situate in the County of .leffersonr State of waehingt.on. PARCEI, D; Tha,; portion of ehe NorthweEt, 1,/e of the SouEheastr t/A in SecLion 15, Township 25 North, Range 2 W6st W.M., Iying SouEherly of Ehe Black Point. Road as conveyed to ,Jefferson County by deed recorded under Auditor's lrlle Nos 223427, records of said Counuy; EXCEPT that porElon de-oeribed aa follows: Thac port.lon of the NorthweeL L/q of, t,he SoutheasE 1/4 of Section 15, Townehip 25 NorEh, Range 2 WeEE, !f,M., described as followsr Beglnnlng at the polnu of ineersectlon of E,he East line of the Northwegt LlA of the Bouuheaet 1/4 and Ehe Sout,herly margin ofthe B1ack Polnt Road; thenee Soueh along the aaid Eaeu llne, a dieEance of 300 feet; t.hence llleet, 350 feeE; thence North to che Foinl of lnterseetion wlth. Ehe Southerly rnargin o! Ehe Blaek PolnE Road;thence EaeE,erly along said Soueherly margin Eo the Point af Beginning. Sltuat,e in the CounEy of .Iefferson, State of WashingEon. 99999 -97 7 4 tLEcAL I 3 8 E9965. I PARCEI, E I Thac porrion of Ehe SouLh$resE. 1/4 of the Northweel- t/4 af Sectiou15, Township 25 NorEh, Range 2 West, w.M., as follower A strlp of land 250 feet wide }ylng Easuerly of and parallel Ec: che Southeasterly rlghr-of-way of State Highway 101; EXCEFT Ehrr rlght of way for Black PolnE, Road acr conveyed to 'Jetfereon Courty by deed recorded under Auditor's FiLe No. 223427 and 410339, records of ,IEfforson CounEy, Waehington, ALSO EXCEPTING THEREFROM Ehe following deacribed tract r Beglnning at, clre $3ouEhwest corner of, govarnmcnE LoE 3, Ehence tl6rch ae" 23'0?n wesE 308.14 feeE Eo Etre Southeasterlyrighc-of-way of SEat€ Highway No. I01, arud the TRUE POfMI OF BEGINNING; Lhence SouEhwesleuly along sald Highway. 117 !eeE,, Ehence SouEh 88- 23' o?'EasE, eo a point 175 feet wesE of the hlgh Eide line; Ehence NorEheaeterly Eo a point on t.he Nort,h line of the souLhwest t/+ of Ehe NorthwesE l/4, 100 feeE wesE o.f satd high Eide line; thence Nort,h 88 " 23' O?i WesE to the TRUE POINT OF BEGINNING of Ehis exception. SiEuate ln the counr-y of r7efferEon, gtat€ of, nashlngcon. PARCBL F: LoE 1 of Watrertouch ShorE P1as, as recorded in Volume 2 of ShorEPLacs/ pagea 205 and zOG ) recorde of rfeff,ereon County, Wash1ngEon, being a porLion of Section 15, township 25 NorEh, Range 2 West., lil .M., rTefferaon CounEy, WashlngEon. Sit,uaEe in ehe Councy of Jef,f,ergon, StaE€ of, WashingEon.. PARCEL G: LoE 2 of warerE,ouch shorE PlaE, lrg recorded ln Volume 2 of, ShorBPIaEe, pagca 2O5 and 206, reeorde of .Ieffereon County,washlngton, belng a porElon of seeElan 15, townahip 25 North, Range 2 WeBt, W.M., rlefferaon CounEy, Waahinguon. Sit,uabe ln t,he County o! Jef(ereon, StaEe of TJashingEon. 99999 -97 7 4 ILEGAL I 3 889965. I PARCEI., H I l,oE,3 of Wat,ertouch Short PIaE., as rGcorded in VoJume 2 of SborE Plat,s, pageg Zos and 206, records of JEffergon CounEy, Washlngton, being a portion of $ectLon 15, Township 25 North, Range 2 weet, W.M., JefEereon CounEy, tlaahingbon. Sit,uate in Ehe CounEy of 'Jeffereon, 6taEe of lfashington. PARCEI., I : LoE. 1, PleasanL Harbor Marlna ShorL PIat, aE per plat recorCed ln volume 2 of Short Plate, pages 221 Eo 223 and amended in volume 3 oi Short PIaE.s, pages I Eo 10, records of Jefferson CounEyr I'Iashington, EXCEP? Ehatr portlon of loE 1 described aa f ollowe: ThaE porEion of Government lrot 3 abuEEing 2nd class t,ldelands in Section 15, Township 25 Nort,h. Range 2 lfest, !1.14. , ,Ief ferson CounE,y, hlashlngEon, beJ.ng more parEieuJ,arly deecribed ae follows: Comrnencing at uhe North L/4 corner of SecE,ion 15, Tovnahip 25 NorEh, Range 2 WpsE, W.M., ,feffcreon County, WaehingEon; thence South 88- 13' 42" East aLong the North llne of Eaid SecLion 15 for a diatance of 364.50 feet, Uo the point of beglnning; thense cont,inuing Sor-leh 88o 13' 4211 Ease 238.?5 feet, t,o t,he llneof mean high ride; Ehenee souEh et' iz, oo( t{est along 34.78 feeE; Ehence North +0o LLt s{}' Irtegt along 3.31. feet,; thence SouEh 62o 36, 19n West along 25.83 feeE,; ' chence souch 8zo 5{' 35r west 156,55thence Nort,h 21" 21'05,. West 43 beginning. AllD Ai,SO EXCEPTING Second Claes Etdeland as coilveyed by the SgaEeof UlashingEon, in fronE of, adjacent Uo and abutUlng Ehe abovedeeeribed excepted uplande, SiEuat.e in Ehe County of ,.Tefferson, State of WaehlngCon. rhe llne the llne the line fect;00 feeE of mean of mean of mean Eo the high tide high tide hlgh tide poinE of 99999 -97't 4 tLEcAL I 3889955. I PARCELT Jr SOZtgZotZ I,ot 2, PleaeanE Harbor Marina ShorE, P1au, as Volume 2 of Shor.t P1aEs, pagea 221 Ehrough Volume 3 of Short Platsa, pageE 8 Ehrougtr 10, CounLy, Waahington. TOGEIIIER WITH second c1aEs tidelande,lilaehlngton, Eltsuate 1n lront, of ,Ehereon. I per pIaL recordcd in 223, and amended ln recorda of .Iefferson as cedveyad by Ehe StaEe of adlacent Eo and abuuting Sj-tuate i.r1 the Counuy of Jeffargon, gtata of ylaahlngEon. PARCET K: 5oZ I {sazo gre'oN Thoee portions of Ehe Southwcst L/4 of Ehe souEhsasE l/4 of Sect,lon 15, and Governrnent IJoU 2 of Section 22, boc,h tn Townshlp25 Nortb, Range 2 West, ffl ,M., ,fefferEon Countsy, washington,deecrlbed aa followg: The Baat 345.0o feet, of said Southwagt L/4 of Ehe SouEheaec 1/4, aE measutred along bha North llna tshereof ,. TCGETHER WI'IH thaE porcion of gaid Governrnent Lot 2 lying EasC of Ehe Sout,herly prolorrgeEion of E,hc l{e8t }lne of, sald East 3{5.00 f eeE r. SiEuate in t.he CounEy of Jeff,ereon, Stsabe of WashingEon. PARCEL L: Sottf oe'1 Joa* MnxP6 Those porci,ons ot uhe SouEhvreBE L/4 of the Southaaet L/4 otSectlon 15, and Government IJot, 2 of 6ection 22, boEh 1n Townehlp25 NorEh, Range 2 WesE, W,M., .fefferson Cor.utt,y, washlngton, deocrlbed ae fqll.or,rs: lhe EasE,520.00 feeE legs ehc EaEt 345.00 feec of Eald SouEtrweetL/4 of Ehe SouEheast l/4, a8 rreaEured along che NorE,h llne Ehereof ?OGETHER WITI{, thaE porEion of sald GovernmenE IJots 2 lying BasEof the Southerly prolongatlofl ol Ehe West llne of eald Eart 520.00 feeE and WesE of the goutherly prolongatlon of tshe Ea6t,Iine of eald East 345.00 !eet. SiEuaEe ln the Counuy of, Jef,lerron, StaEe of WaFhlngton. 99999 -97 7 4 /LEGAL I 3 889965. I PARCET., M: f oA{ S>ZZ Ch opue> l'7le ''trt€ Those porttons of rhe soubhwest, L/4 of the Sout,heaet L/4 ofEectlon 15, and Government l,ot 2 of $ecEtor. 22, both ln Township25 Norlh,,. Range 2 ..WesE.: W,!4.. .feffereon OCuEny, WaehingEon,deecrtbed ras follows: i The Easu 595.00 feeE Lesle eh.Bast,520.00 f,eec of said Southweett/4 of, the southeisr 'L/4r o8 measured along the North llnefhereof. TOGETHER WITH thats portion of eaid Governm.nt, tot 2 Lying East of Ehe Southerly prolongatsiorr of the W€Et Ilne of sald BasE 695.00feet and gleet of the goutherly prolongat,ion of Ehe Eaat, llne ofsaid East, 520.0O feeu. Sleuatse 1n the Couney of .Teffersonr SEat,e of gfashinEEon, 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. t t Records axarnlnod Eo F€,hruary tO, 2(}()6. at BiOO A-M :.].,: .::,i: i ,r ,;.,t,.,.":",it -. . ,,. i:. 99999-97 7 4 lLEGAL I 3 889965. I Ordinance Number:0L-0128-08 Exhibit B MLA06-87 Map: BoCC-Adopted Boundary, Brinnon MPR Brinnon MPR BOCC Adopted Boundury Janu*ry 14,2008 DNR Lease Legend l-$$Strt* 0 2s0 500 1,000 I r r r lrJ.J-l Figure 8 w NOTICE OF ADOPTION BY THE JEFFERSON COT]NTY BOARD OF COMMISSIOI\TERS OF COMPREHENSTVE PLAI\ AMENDMENTS NOTICE IS HEREBY GIVEN that the Board of County Commissioners (BoCC) for Jefferson County enacted Ordinance #[Replace with number] on January 28, 2008, thereby adopting the Brinnon MPR Comprehensive Plan amendment associated with the 2007 Comprehensive Plan amendment cycle; the decision having been made on January 14,2008, following the schedule outlined in Resolution #l13-07, 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 345 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 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 Banows for more information: (360) 3794482 or kb{rqws@co jefferson.wa.us . Michelle Farfan From: Sent: To: Subject: Attachments: M ichel le Farfan < M Farfan@cojefferson.wa.us> Wednesday, March 08,20L7 L1:25 AM David Stanko Pleasant Harbor Master Planned Resort (MPR), Brinnon Attached Image (108 KB) Hi David: I am the current project planner for this resort development in Brinnon at Black Point. The project has gone through 11 years of review and EIS's. ln 2008 The Board of County Commissioners approved Ordinance 01-0128-08 with 30 conditions. One of those conditions pertains to the developer entering into MOU's with severaljurisdictions such as Brinnon school, Jefferson Transit, Jefferson Healthcare, Sheriff, etc. I am in the process of finalizing draft development regulations and draft development agreement. The development agreement will have the MOU's attached to it. Both documents have to be approved by the Board of County Commissioners. Attached is a proposed MOU between the Developer (Statesman Group) and Sheriff Department that was prepared in 20to. I am asking if you can review it and see if there are any changes and/or recommendations you might have before it gets finalized for signatures. Thanks in advance, Michelle Farfan Associate Planner, Brinnon MPR Lead Jefferson County Department of Community Development 62l Sheridan Port Townsend WA 98368 V: 360-379-4463 F: 360-379-4451 mfa rfa n (@co. ieffe rson.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, 1 308913 US Hwy lOl, Brlinon WA 98320 (360.) 796:461 I (800) s47-3478 For: (8661 8484'612 Memorqndu m.of Undertfitndlns for. Sccuritv Serylces 4t5t2010 The Resort will provide the following to mitigate incredrgEof service anticipated with the cbnstruc'tion of thi Resort. With budget cuts the Jefforson County Sheriff (JCSO) has closed the Quilcene sub-statiotr. To facilitato servicq in South Counff the Resort will provide at no cost to the cotnty a "publiq seryice rbom" in the resort not emaller than 500 sq fect if the JCSO indicates the space will be useful, This spaca wouldbe exclusively for couffy kiw eaforcemenl uso. The cornty will be reeponnible for any oomrtrunicatioq ftrrniturc or othcr eqtilpment needed for their use. .fn ddition, fte Marinn will rosorve ono 24 foot rlip for the County $heriffor Rescue biut to dock on a temporaty basis when the boal is ln th,e south county area, With the e*pected increase in taxes collected by the county as a result of the Resofi construction ICSO should realize a budget increase moie than adequate to coVer any additional cost ofpolice service to the Resort, so long as the Resort is maintaining a full time eecurity stalf. To minimize tho incfeaso in oall volume in South Courty as a result of the Rosort developmcnt, ihe Resort will provide the following service on site.l) Presently thc Resort maintains security systems and video monitoring of the Mariha and Black Point Propertywithsecuritystaffondtrtyorabcall24l7 \2) WhEn construction begins, and thru tho construction phasEs, the Rssott will maintain 6nd increase security staffand secuiity systehs as needed to conEol theft artd vsndalism on site3) After construction is complete theResort will maintain security staffsufficient to protide24lT service to theResort propetty including roving patbl, video syStems, infnrsion systemrs arid gated €ntry as neccslsary4) Throughout planning, constuction and operation ofthe Resort the Reson hanagerheht and secririty staffwill wbrk to improve communication and build relationship with the JCSO to cnsute best possible performance, senice and oooperation,5) The Resot security staffwill not act as law enforcement but will be trained and equipped to respond to any likely secut'ity or emergency sihration on aite with the intent to minimize nuisance chlls to JCSO and to protect life and property as needed until law enforcement can arrive 6) It is expected that security staff would be first on scono in the event of a medical ernorgency, all security staff will be trained to a level of first responder or bstter. Communication between the JCSO and Resort security is of primary importanoe, The Resort security staffwill make every effort to build a solid working relationship with JCSO, Approved By Jcfferson County Sleri$Office Signaorc-Print Date- Sheriff Anproved Fv M. Garth Mann (Prcsident & CEO Statcsmffi Croup) TL Signatue_t"tioart}r p Dete 'I l t I of I a FuenFer*r Hirnrcn - li,l|ATiU|\t/\ANo Glirf,nEsohy - Michelle Farfan From: Sent: To: Cc: Subject: Attachments: Michelle Farfan < M Farfan@cojefferson.wa.us> Tuesday, March L4,2077 8:57 AM Philip Morley Patty Charnas Draft MOU for Parks and Rec; Pleasant Harbor MPR Attached Image (29L KB) Good morning Philip: Attached is a draft MOU for Parks and Rec as required by Ordinance 01-0128-08 condition 63c. Please review and let me know if you have any changes/additions preferably on or before 4/19. Thanks so much, 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. ieffe rson.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. 1 DRAFT 10t12110 MEMORANDUM OF UNDERSTANDING Parks and Recreation Impacts THIS AGREEMENT, by and between Pleasant Harbor Marina and Golf Resort LLP ("Company") and Jefferson County ("County") is designed to identify those park and recreation impacts to the County associated with the development of the Pleasant Harbor Marina and Golf Resort (the "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 0l-0128-08, paragraph 63(c), which provided a requirement that the SEIS review memoranda of understandings on appropriate mitigation for the following: to provide needed support for the Brinnon school, fire district, Emergency Medical Service (EMS), housing, police, public health, parks and recreation and transit ,., The FEIS provided the following commentary 2.4.1 Recreation on Hood Canal The state recreational areas near the proposed master plan are both significant and popular, with more than one half million visitors to the area annually, principally in the summer season. Washington State Parl<s has developed a Management Plan for the state- managed parks in the Dosewallips Area, near Brinnon; ( I ) Dosewallips State Park, 424,S-acres/5,500 feet of shoreline - has picnicking, hiking, boating, fishing, public reueational shellfishing for oysters, clams, crabs, shrimp (387,221visitors in 2004); (2) Triton Cove State Park, 28.5 acres/593 feet of shoreline - has picnicking, shore fishing, public recreational shellfishing, and boating (42,212 visitors in 2004); (3) Pleasant Harbor State Park, I acrell00 feet of shoreline - has sheltered moorage (2,439 visitors in 2004); (4) Toandos Peninsula, with 10,000 feet of shoreline, has public recreational shellfishing with boat access; (5) Point Whitney Shcllfish Lal:olatory on the tip of Pt. Whitncy has a boat launch available for public use. (6) Right Smart Cove, 1 acre/200 feet of shoreline - has kayaking and limited access, 57 571 -0005|LEGAL I 66 I 5 l 67. I -l- FEIS at p.2-7. DRAFT 10112110 An on-line version of the approved June 2006 Dosewallips State Park Area Management Plan may be obtained at: http://www.parks.wa.gov/plansidose/Dosewallip s%o20FinalYo2OPlan,pdf, See also the Dosewallips State Park web site at http ://www.parks.wa. goviparkpage.asp?selectedpark:Dosewal I ips. Additionally, the state-owned Dr.rckabush Tidelands, located off US IIWY 101 about 3,9 miles south of Brinnon, are open year-round for public recreational shellfi sh harvesting. 2.5 The Olympic Mountains The other outstanding natural and recreational features ofthe area are the Olympic Mountains, and its combination of National Forest, National Park, and recreation areas. The Brinnon Subarea includes access to the Olympics through three trailhead systems: the Duckabush and the Dosewallips to the north, and the Hamma Hamma to the south. The Seal Rock Park campground, located just north of Brinnon, provides public access to the shoreline, The Olympic National Forest is managed by the U.S. Forest Service, and the Olympic National Park by the National Park Service. Significant information about both systems is available on line: O lymp i c Nationa I Forest webs ite : http ://www. fs. fed, u s/r6lo I ymp i c/ Olyrnpic National Park website: http:/iwww,nps,gov/olym Published reports identify more than four million tourists per year visit the National Forest and National Park annually, and here again, the use is heavily skewed to the tourist season from May to October. See: http ://www.olympicpeninsula.orgiresearch.html, Acce ss to the Olympic National Forest and Olympic National Park will be one of the attractions of the resort, 57 s7 7 -0005 lLEGALI 65 I 5 I 67, I -2- DRAFT 1U12,10 FEIS at p. 2-8. The County Parks are listed in the County Comprehensive Parks Plan Plarc Holp Protcct rod Pmrcnc Yor Porkr ll'o ftqt,a, li ndordouo. vilL J.A@ Cauo, PttL Onlb.aet ,htl alto loloa,hv rtle .ol r.gvlttloa. bc obte*cdt . &-dt* E.,r.!.n L po&rcd ml7 I &.lru&d @!.1h, CtrE.ld , Fot . It6.o.urplrrgr kqEilf eflIur.tolrbcu.@rFk. blluJrcd rc7 d.F, i VrLld.. @9rlu, r rhd. @p.lrc { oe.lr rlall ha ll&hcd F o* s c @ tahkLrth nr[r, . Plr.. e p.ndkd ONLY b d.ltstd .sdrrA Fl&lrua Drdry tul'G .,!r{rr,la. ut b. prlulnbd b Cuhry Frb, r AJI F\c' m, bonrc, ht. uhr{rL, our L d.p..lkd ln dallEBd rucp*Lr or *trDvad Gom rbc rcl . DLti&r{of &. iN d ur'tuwr.@bla 6l& h pmtdblki lr Cornty Frrin, Pld!. otrat r l0 p.nr qulcr rlnu" . .lI Off' lJtI EAH(8 o opco ro dr puNlc amr dran r dBl udd dlsrl.c po.t.d" r Do6 cnr urd orha pcrr BtFhtltd lil Cowt F I. u Lx on .l.sL r No llrilwl. to C.ury putl . 8p.!d Uorlt .d .lt lsL6 h l0 trrph ''il I ft*tra*rOrtaro ,dd.lr!q D.pr a Wlv*khlh.61tr6 PO tbMOk ?-q-( $t stg oaot rarrlo lVe lcomc to JcEenon Counry Parkr CrnrDilt Scas$l ADIU I . Octobu 3l leer|&.!@,4 TIml You Po, Yorr lnt.rc.t l[ fc&nor County Prr&t Wl6;wr htlp, *c etbuc Gl"ttB to miarh ord lrpm.c rhL &opotuot Plrbllc sd (tu!&.fu [ErIr0, (JO)Bryt W.*is hr. Dfr r{e&ut &&[ t{Gs$l EGOrf$u 6M t-ln!. 95r [rEr (ef I.frro&o! NluRtuLoq) I o &t d(srptrr6,Nr -Qd.crny.Mr.r 6pzU , ,&?d.Nt I IIIO itOrdryOrtr Si.h , I tr !ra gr*L thlB I I llt r I a14I{n.k t I , Piu I hekl.lEA.l&.lr It $e lEo i UEfrb., Prdi Itmd dr b4kL[riq.NDk bhutD x l'-rr lt ttp Ml6ud IO.6td:ao!r ! C 0rt ,I rEwqRsryllMPffiE{trrEEwller&rilSlrl:l org.uqqgrun g ral !lI lr1c0 :Ndd t.krl llr M !tnr!r) (!lar rtn!tr* QJts tFfi hn (,FalB.r o[rscd N $l ilro Hk ltlff { Unirl i6496 rrLup.llt dXrrh& le}!P The County, state and federalfacilities are supported by a combination of tax dollars and fees for service. 'I'he Resort provides a significant property and sales tax revenue and guests of the Resort need to pay any day or use fee for the parl( and recreation facilities used. Neither the County nor State and Federal services have identified an impact fce basis for use of public parl(s and use of the parks is encouraged as part of the attraction of Jefferson County. Company mitigation can best be addressed by facilitating use and reducing parking and associated impacts of individual use by providing shuttle and transit services. The Resort also provides a residence for tourists, which supplement the camping facilities that are often full. The Resort agrees to prominently provide contact information for all of the park services so guests can readily get information on fees, availability and activities, In addition, the Resort agrees to provide shuttle capability for up to -28_ people per day during the primary season from June to Septernber. In 2008, the County received _56:'/o of allrealproperty tax generated in the County. As the Resort builds out this percentage is expected to remain relatively constant, With the Resort expected to create a property cost in excess of $300,000,000 at build out, which adds substantially to the assessed value of the County, the incrementalproperty tax revenue to the County is expected to more than cover any incremental costs attributable to Resort patron use of tax supported parks and recreation facilities in addition to fees charged for service or use. 575?7-000s/LEGAL I 66 l 5 | 67, I -3- I T x DRAFT 10112110 The Company and County agree that the mitigation proposed above is adequate to address the identified impact, consistent with the requirements of RCW 82.02,A20 and is within the authority of the County to require under Chapter 43.21C RCW and is not duplicative of any other conditions. Pleasant Harbor Marina and Golf Resort LLP By Its Managing Member Jefferson County County Administrator Approved as to Form: County Deputy Prosecuting Attorney Date Date 575??-000s/LEGALI 66 r 5 I 67. I -4- Brinnon School District #46 46 Schoolhouse Road Brinnon, WA 98320 360.796.4646 MEMORANDT]M OF TINDERSTANDING School District Response dated Aprit 18,2011 THIS AGREEMENT, by and between Pleasant Harbor Marina and Golf Resort LLP (Company) and Brinnon School District #46 (District) is designed to identify those impacts to the District associated with the 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 concurency in accordance with the ordinance of approval, Ordinance 01-0128-08, paragraph 63(c), which provided a requirement that the SEIS review memoranda of understanding on appropriate mitigation for the following: To provide needed support for the Brinnon School District, Fire District, Emergency Service (EMS), Staff Housing, Police, Public Health, Parks and Recreation and Transit ... The November2O07 FEIS provided the followine commentarv: 3.5.4 Schools The Brinnon/Black Point area is located within the Brinnon School District #46 and serves grades K-8 plus the District has a pre-school program. Students of high school age attend their district of choice. The Brinnon School utilizes four regular classrooms, one serviceable portable classroom, a combtnation computer/library roorn, gym, and administrative offices. In 2000, the school district had a total enrollment of 74 students. This declined to a low of between 30 and 40 students in 2005, but rose to 56 students during the 2005-2006 school year. School enrollmentfor 2006-2007 was 49, and the enrollment for the2007- 2008 school year was 45. h 2010, the enrollment declined to 31,.5 full-time equivalent students (including kindergarten which is counted as half days). The current average enrollment for the 2010-2011 school year is 34.0 full time equivalent students. The District also enrolls thirteen (13) pre-school students on campu* Thirty-five (35) hish school students are enrolled in the district of their choice, withfunding provided by the B rinnon S cho ol Dlstrict. Seasonal recreational homes are not expected to add students to the school district, so no irnpacts are expected frorn that component of the resort population. Since the proposed Resort Staff Housing is intended for both resort staff and Brinnon residents, it is expected that some of these units would be occupied by families with school-age children. The Capital Facilities Element of the County BSAP MPR Alternative has established an LOS standard for the Brinnon School of 23 students per classroom. With four regular classrooms and one serviceable portable classroom, the school can accommodate up to 1. 2. 3. 4. 5. /.15 students based on the established LOS. For the last six years the school has had an excess capacity and the coming year will reach 32Vo of its capacity. The Resort and the Brinnon School District The Resort will endeavor to team with the Brinnon School District to explore ways to increase revenue to the District's budget. However, in the long term, increased revenue will come from increased enrollment. In addition to the above described measures, the Resort would contribute to the District as follows: Two dollars for each paid round of golf. Two dollars for each paid spa treatment. A bonus of one dollar per hour when employment-age students of Brinnon residents attending Brinnon or other Jefferson County Public Schools are employed by the Resort, Visitors to the Resort will be given the opportunity to contribute a financial gift to the Brinnon School Development Program. If local Brinnon residents are stimulated to enjoy the Resort amenities, their support of the Resort would also contribute to the Brinnon School District through the methods of contribution described in measures I and 2, above. Education opportunities : a. The Resort will have a conference center that will be available at specific times for the District for teaching purposes. b. The Resort's employees and consultants will be available to teach students about the high standards of Green Technologies used to develop and operate the Resort. c. Scholarships will be available to Jefferson County students interested in Environmental Studies, Health-Care studies, and Hotel Management programs. AII of the above items I-6 shall have no sunset provision and shall continue to be carried forward should the development be sold at some future date ("run with the land." ). Approved May 16. 2011 by the Brinnon School Board as evidenced by the following signatures: -f 'll, -71 Nancy Date Valerie , Board Chair Approved By Pleasant Harbor Marina and Golf Resort. LLP 6. Managing Member Date J Octobcr I , 2010 Plcasant I larbol Marirrrr 30U913 US FIu,y 101 llrirrrrr.rn, \\rA 98320 Itli: Mcrnorarrdurrr of lJnderstandrng Dcar Gartlr IVIirnn l-:nclo.sccl is tlte signerl menrolancluur of understanding lvith Pleasant I-Iar:bor Mat'itta an(l Jet-ferson l{ealthcarc. Plcasc sigu and return a firlly cxecutecl copy tbl our records. You nray contact nre at 360-385-2200 extensiorl 2001, if you Itirvc auy rpcstions. Thanl< you. efferson Ilealthcare Sirrcerely, .g l.r...qt]. u s,,r, ffit(t" i ,iil,.{( Hospital Honre llealth and Hospice Physical Ihetapy & Rehabilitation Clinics: . lefferson Medical & Pediakic Group . Porl lbvinst:ud [amily Physicians . South County ModicalClinic . 0lynrpic PrimaryCare . Rlchard Lynn, M0 . Sleep Medicine Siil,l Slrt'rirlitn l)ort'li xvr r.s trr r tl. \\irsl r i r r{t or r [)S:Jfili jl60-385-!20() rr,rtr"rjc lli:rxor r I u:rrl tlt<'irr','.t,t't1 llxccutivc Assistaut CrlClilSlICS ilieii.I;mEE 30891 3 US Hwy I Ol, Brlnnon WA 98320 (36017C6-461 I (800) 547-3479 Fox: (866) 848-4612 S:i L- i'il\ tiA. t -,1' l-1,/.\ Ft l3C)R April 19,2010 MEMORANDUM OII UNDERSTANDIN G Health Care THIS ACREEMENT, by and bet',veen Pleasant I-larbor Marina and Golf Resort LLP (Conrpany) aud.lefl'erson Healthcare is designed to iderrtifu irnpacts associated rvith tlre development of the Pleasant I-larbor Marina and Golf Resort (Resort), rrorv undel regulatory revierv by the County, not addressed by increased revenue fi'onr the proposed Resort and subject to supplenrental rnitigation to assure concurrency irr accordance witlr the ordinance of approval, Ordinance 0l- 0128-08, paragraph 63(c), which provided a lequirernent that the SEIS review meuroranda of urrderstartding on appropriate mitigation for the following: To plovidc rrr:odud support lor the Brinnon School, Fire District, Emergency Scrvice (EMS), Staff Housing, Police, Public FIealth, Parks and Recreation and Transit,, , Healtlr Services The Blinuon/Black Point area cloes not ourrently have a uredical facility in the local comrnunity. Tlre alea is serviced by Jefferson General Hospital in Port'l'olvnsend and Mason General Hospital in Shelton. A nredical clinic has been established in Quilcene, suppofted by Jefferson Ceneral Flospital. Expected increase regarding health care ivould prinrarily invoh,e accidental injury or' urranticipated illrress. The Resort will take the following steps to ensure proper care for visitors and enrployees: I . Upon development the resort proposal includes 500+/- squarc feet of clinic space on resort property fol a certified nurse and/or general practitioner l.o be staffed and equipped by the resoft, 2, Selected resoft staff rvill receive trainingto a mininrurn lovel of first responder arrd receive ongoing training to stay current in CPR, AED, Oxygen Administration and First Aid. This progranr is currerrtly in place at the resort nrarina with seven stal"f trainecl as first responders or better, 3. [f an agreement can be rnade with the Hospital and the Jefferson County Medical Dilector, selectecl staff will be trained to the level of EMT-B and/or EMT-I, 4. Rcsort ernergency staff and facility will be available to the cornmunity l'or enrergencies such as local disaster. 5. These steps do not leplace the need for local EMS or hospital care, The goal is to ensure patients leceive the best possible care as quickly as possiblc, to reduce response time in an emergency, to minirnize impact ou local EMS lbr non enlergency care, 6. The resort will wolk to develop the best possible wolking relationship with local EMS and other rrredical services'7. Should the Resort expand and requile enlergency Air-Lift capabilities, a suitable landing zone rvill be provided to accomnrodate helicopler or loal_Elgne tmll:E$. Apprqved By Jeffcrsou flffi vrtnt ktctzn-Jl 4nkrrsn" 7- ?a-/o *d.." S Jefferson Si Print CEO Statesnran GroupM. Ga(h klanri, rc l of I lA. c,. /t4l,^.rJ.out. l(&.( lt/rr