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HomeMy WebLinkAbout124 4. Compliance with Ordinance 01-0128-08 Condition 63 (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. Staff Comment: Site specific data that included rainfall projects, runoff projections and potential impacts on Hood Canal were analyzed in the SEIS and FSEIS Appendix F. Condition 63 (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. Staff Comment: This is addressed in the Development Agreement, Section 8.2.4. Condition 63 (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. Staff Comment: Memoranda of understanding for the Brinnon School, Brinnon Fire District, housing, police, public health, parks and recreation and transit have been secured as addressed in the Development Agreement under Section 7.11. Condition 63 (d): A list of required amenities shall be in the development agreement along with conditions for public access. Staff Comment: Addressed in the Development Agreement under Section 9.3. Condition 63 (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. Staff Comment: Addressed in the Development Agreement under Section 7.8.1. Condition 63 (f): Statesman will prioritize the sourcing of construction materials from within Jefferson County. Staff Comment: Addressed in the Development Agreement under Section 7.8.2. Condition 63 (g): The developer shall commission a study of the number of jobs expected to be created as a direct or indirect result of the MPR that earn 80% or less of the Brinnon area average median income (AMI). The developer shall provide affordable housing (e.g., no more than 30% of household income) for the Brinnon MPR workers roughly proportional to the number of jobs created that earn 80 % or less of the Brinnon area AMI. The developer may satisfy this condition through dedication of land, payment of in lieu fee, or onsite housing development. Staff Comment: An analysis was completed and included in the SEIS, Appendix N. The developer is providing 52 onsite staff housing. Addressed in the Development Agreement under Section 7.11.6. Condition 63 (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. Staff Comment: The 2012 Grading and Drainage Report includes an analysis of the interconnection between stormwater, water storage, irrigation, groundwater recharge, and wetlands. The applicant plans to preserve and enhance Kettle C and its associated wetland. Condition 63 (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 hydrogeology of the MPR location of the developer’s intention to use 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. Staff Comment: An aquifer test was conducted by Subsurface Group in 2008 and subsequent analysis by the Pacific Groundwater Group was performed in 2009. These analysis, which were incorporated into the SEIS, were confirmed by the Department of Ecology in 2010 and also incorporated into the FSEIS Appendix F. Additional testing may be required at time of permit application. Condition 63 (j): Tribes should be consulted regarding cultural resources, and possibly one kettle preserved as a cultural resource. Staff Comment: The consultant who drafted the Cultural Resources Management Plan sent letters to six local tribes including the Port Gamble S’Klallam Tribe (PGST) requesting consultation on identifying cultural resources on-site. Additionally, the developer’s representative, Don Coleman, sent a letter with the Cultural Resources Management Plan attached on May 11, 2012 to Josh Wisniewski, Ph.D. of which no response was received. The only Tribe to respond was the Skokomish. The Department of Archaeology and Historic Preservation (DAHP) sent a letter to DCD dated January 14, 2013 stating three tribes concurred with the plan and three did not comment. The PGST was a recipient of the 2013 DAHP letter. Kettle C will be preserved and enhanced as a part of the proposal. Condition 63 (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, provided procedures regarding future ground- disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. Staff Comment: Monitoring results would be reviewed with DAHP staff and tribal representatives prior to any adjustment of the monitoring schedule. This is addressed in the Development Agreement under Section 7.8.3 Condition 63 (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. Staff Comment: The Wildlife Management Plan was prepared in consultation with WDFW and local tribes that focused on non-lethal strategies to prevent diminishment of tribal wildlife. This is addressed in the Development Agreement under Section 7.8.4. Condition 63 (m): No deforestation or grading will be permitted prior to establishing adequate water rights and an adequate water supply. Staff Comment: Adequate water supply has been determined to be available. A total of three wells will be drilled. DOE issued a water right approval on June 16, 2010 under permit G2-30436. Condition 63 (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. Staff Comment: Water rights permit G2-30436 granted for (3) wells on the Pleasant Harbor site – (1) year round domestic & commercial, (2) summer irrigation – total of 300 gallons per minute. Proof of potable water is required at time of permit application and will be reviewed by EH, DOH and DOE. Condition 63 (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 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. Staff Comment: Water quantity issues were addressed in SEIS Section 3.16 and 3.2. Water rights approval based on 175 gallons per day per equivalent residential unit. See page 8 of DOE report or reference in Appendix F of FSEIS. Condition 63 (p): A Neighborhood Water Policy (NWP) 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. Staff Comment: If salt water intrusion becomes an issue for neighboring wells on Black Point as proven a result from the development of the master planned resort, the developer shall provide access to the Class A water system that serves the master planned resort. Additionally, a Neighborhood Water Policy Plan has been developed and is also addressed in the Development Agreement under Section 7.8.5. Condition 63 (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. Sols 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. Staff Comment: A soil study was completed by Subsurface Group LLC and the infiltration rates to be used for final design of stormwater facilities are presented in the 2012 Grading and Drainage Report (Appendix E of FSEIS). This is addressed in the Development Agreement under Section 7.3. Condition 63 (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. Staff Comment: A comprehensive water quality monitoring plan has been developed and is addressed in the Development Agreement under Section 7.8.6. Condition 63 (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 limited to, a 200-foot riparian buffer along the steep bluff along the South Canal shoreline, the strip of mature tees 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 easements to include removing, when appropriate, naturally fallen trees, and replanting to retain a natural visual separation of the development from Highway 101. Staff Comment: A conservation easement as well as a vegetation management plan have been developed and are addressed in the Development Agreement under Section 7.8.7. However, due to re-development of the marina under a separate amended binding site plan process due to the new shoreline regulations of 2014, the Maritime Village has been re-located to the area just north of the Black Point Road and Highway 101 intersection. A Jefferson Transit stop and parking area will be located just south of Black Point Road adjacent to Highway 101. Some revegetation will occur, but site distance is a requirement from DOT for ingress and egress, therefore this area may not be fully vegetated. Wetlands and their associated buffers will be maintained as well as the 200 foot riparian buffer adjacent to the south shoreline bluff. Condition 63 (t): The marina operations shall conduct ongoing monitoring and maintain an inventory regarding Tunicates and other invasive species, and shall be required to participate with the County and state agencies in an adaptive management program to eliminate, minimize, and fully mitigate any changes arising from the resort, and related to Pleasant Harbor or the Maritime Village. Staff Comment: The developer has worked with WDFW to try and eradicate tunicates from the marina. WDFW has determined that power-washing vessels and concrete docks are a more effective removal process than hand picking them. In 2007, approximately 40% of the docks in the Pleasant Harbor marina were wooden or have Styrofoam billets which are not conducive to power washing. The marina has embarked on a program of dock replacement consistent with WDFW guidance. In early 2009, the D-dock was replaced and in early 2013 E and F-docks and the headwalk that connects them to the D-dock were also replaced. The only docks left to replace are I, J, and K. There is also another existing smaller marina just to the north of Pleasant Harbor called Home Port Marina. A tunicate agreement has been developed in conjunction with WDFW and is addressed in the Development Agreement under Section 7.8.8. Condition 63 (u): In keeping with the MPR designation as located in a setting of natural amenities, and in order to satisfy the requirements of the Shoreline Master Program (JCC 18.15.135(1),(2),(6), the greenbelts of the shoreline should be retained and maintained as they currently exist in order to provide for the “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 the 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. Staff Comment: This is addressed in the Development Regulations under Section 17.70.010. The conservation easement has been prepared and will be recorded with the county Auditor. The applicant has also prepared a vegetation management plan and will preserve approximately 103 acres of the site as vegetated. Once land disturbing activity occurs, an on- site nursery is proposed in order to retain as many trees as possible. The trees will be replanted in new locations to allow for development of buildings and infrastructure. Condition 63 (v): In keeping with the 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. Staff Comment: The Maritime Village building will be built into the existing slope to blend in with the terrain and landscape with two stories visible from Highway 101 to the west and three stories visible internal to the site. A vegetation management plan was prepared that addresses Conditions 63(s), (u), (v), and (w). Areas of disturbance would include transplanted healthy vegetation from the site, as well as native and low water consumption plants. The landscape plan for the single Marina Village Building will provide native vegetation plantings islands in the parking area and along the Hwy 101 and Black Point Road rights-of-ways, while providing adequate visual access from the highway as needed for the retail/commercial structure. The building will be placed near the rear property line and adjacent to the stream buffer to take advantage of the sloped area of the site. The stream buffer vegetation will be enhanced after removing invasive plant species. Building architecture will share similar features to those at the marina and within the golf resort. This is addressed in the Development Regulations under Section 17.80.020(6). Condition 63 (w): Construction of the MPR buildings will be completed in a manner that strives to preserve trees that have a diameter of 10 inches or greater at breast height (dbh). An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. To the extent possible, trees of significant size (i.e., 10 inches or more in diameter at breast height (dbh) that are removed during construction shall be made available with their root wads intact for possible use in salmon recovery projects. Staff Comment: A vegetation management plan has been prepared to address conditions 63(s), (u), (v) and (w). Individual trees will be inventoried to account for size and health prior to construction for viability of transplanting. An vegetation management plan addresses individual trees for health and size and viable trees within proposed development areas that can be transplanted would be relocated on a temporary basis to an on-site nursery located in the western edge of the development. These trees would be irrigated and cultivated until replanting is possible within designated areas of the development. Condition 63 (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.” Staff Comment: Appendix K of the FSEIS is a narrative demonstrating compliance with the intent of LEED standards. This is addressed in the Development Agreement under Section 7.8.9. Condition 63 (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. Staff Comment: This is addressed in the Development Regulations under Section 17.80.020(4)(d). Condition 63 (z): Statesman shall use the International Dark Sky Association (IDA) Zone E-1 standards for the MPR. These standards are recommended for “areas with intrinsically dark landscapes” such as national parks, areas of outstanding natural beauty, or residential areas where inhabitants have expressed a desire that all light trespass be limited. Staff Comment: General guidelines that would be followed to minimize potential light and glare impacts include the following: • Illumination would be to the minimum practical level. • The affected area of illumination would be as confined to specific areas as practical. • The duration of illumination would be as short as practical for Resident Safety. • Illumination technology would minimize the amount of blue spectrum in the light. • Technology would utilize High Efficiency Lighting Standards (Energy Star Guidelines). This is addressed in the Development Agreement under Section 7.8.10 and the Development Regulations under Section 17.80.020(6)(c). Condition 63(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 a ratio of 65% to 35% of rental and time-shares to permanent residences per JCC 18.15.123(2). Staff Comment: This is addressed in the Development Regulations under Section 17.65.020(2). Condition 63(bb): Verification of the ability to provide adequate electrical power shall be obtained from the Mason County Public Utility District. Staff Comment: In a letter dated November 18, 2013 from Mason County PUD, it states the PUD is ready and able to meet the total capacity needs of the project at full build-out. A phased-in approach is planned and the first requirement would be to add cooling fans on the power transformer in the Duckabush Substation. Beyond the installation of cooling fans in the Duckabush substation, Mason County PUD will need to perform additional engineering studies and designs to accommodate the remaining stages/phases of the development. To serve the full build-out, a new substation and associated distribution feeders is required. Condition 63(cc): Statesman Corporation shall collaborate with the Climate action Committee (CAC) to calculate greenhouse gas emissions (GHGs) associated with the MPR, and identify techniques to mitigate such emissions through sequestration and/or other acceptable methods. Staff Comment: A greenhouse gas emissions report was prepared that reviewed and analyzed the source GHG emissions for the first five year construction period of development as well as the annual emission profile when in full operation. The report is included in Appendix M of the FSEIS. Addressed in the Development Regulations under Section 17.80.010(5). Condition 63(dd): Statesman Corporation is encouraged to work with community apprentice groups to identify and advertise job opportunities for local students. Staff Comment: The developer is currently exercising this suggestion at the Marina and is presumed to continue this practice at the resort. However, this is at the discretion of the developer.