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HomeMy WebLinkAbout0051 Shannen Cartmel From:Patty Charnas Sent:Monday, January 08, 2018 5:32 PM To:Philip Hunsucker Cc:Philip Morley; Michelle Farfan Subject:ATTORNEY CLIENT PRIVILEGE January_2018_PhMPR_Brf_DA_DR.pptx Attachments:Stubbed Attachments.htm Importance:High This message's contents have been archived by the Barracuda Message Archiver. January_2018_PhMPR_Brf_DA_DR.pptx (11.2M) This is what I’d like to use as a template for our: Prep meeting with Commission Sullivan tomorrow; For our PGST Meeting on Thursday and Our Skokomish Meeting on Friday and To upload on Thursday as the Agenda Request for Tuesday’s meeting. We have been and are feverishly working to have all documents on the web site. The development agreement’s 31 attachments have been a bit of a bear…. SEE YOU TOMORROW Patty Charnas - Director Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4493 ~ Fax 360-379-4451 pcharnas@co.jefferson.wa.us Pleasant Harbor Master Planned Resort Development Agreement And Development Regulations Informational Briefing January, 2018 Agenda Project Overview Development Agreement Development Regulations Next Steps Pleasant Harbor Master Planned Resort (PH MPR): South Jefferson County along the Hood Canal comprised of Pleasant Harbor and the southern portion of the Black Point Peninsula in Brinnon. 2 238-acres; formerly zoned rural residential; next to the 300-slip marina that was re- developed under an existing Binding Site Plan Former Campground 3 •System of Paved/ Gravel Roads and Parking Areas •500+ RV Pad Sites •Buildings with Septic Tanks and Drain Fields Proposed Resort •A nine-hole golf course with a three-hole practice course •89 residential units consisting of guest rental and worker housing •56,608 square feet of commercial space with resort related amenities •103 acres of natural area preserved •Phasing plan accompanied by resource management plans, utility plans and service agreements 4 Jefferson County Code 18.15.126 through 135 sets forth local code requirements for the preparation, content, criteria for and the approval process of Master Planned Resorts, including development standards and development agreement stipulations Substantial Planning and Environmental Impact Review January 2008: BoCC approves the MPR Designation in Ordinance No. 01-0128-08 5 Adopted Ordinance lists thirty (30) conditions that must be used for the planning and development of the Pleasant Harbor Master Planned Resort Adopted Ordinance lists thirty (30) conditions that must be used for the planning and development of the Pleasant Harbor Master Planned Resort 6 DEVELOPMENT AGREEMENT provides clarity, specificity and predictability for large developments while providing longer-than- normal timeframes and vesting to existing local code public hearing required; adopted by ordinance or resolution Typically accompany large development projects DEVELOPMENT AGREEMENT For Pleasant Harbor MPR Development Agreement will be the principal vehicle to ensure compliance with all required conditions Development Agreement defines phases for build-out, establishes terms and scope of vesting period Development Agreement articulates development standards -relies on existing local codes for stormwater, critical areas, land division and site development Development Agreement includes additional requirements where compliance with each of the thirty conditions is spelled out in detail 7 DEVELOPMENT AGREEMENT 8Thirteen Chapters DEVELOPMENT AGREEMENT Thirty one attachments ….. Now a review of some key elements of the draft development agreement….. 10 DEVELOPMENT AGREEMENT EFFECTIVE DATE, TERM AND BUILD-OUT PERIOD. Effective Date. The effective date shall be the date of the adoption of a resolution by the Jefferson County Board of Commissioners (“Board of Commissioners”) approving this Agreement as required by RCW 36.70B.200. Term. The term of this Agreement shall be from the effective date to five (5) years after the end of the build-out period described in Section 2.3. Build-Out Period. The build-out period for purposes of RCW 36.70B.180 shall be twenty-five (25) years from the effective date or five years after the completion of all the phases described in Section 10, whichever is later. 11 DEVELOPMENT AGREEMENT Protection of Native American Treaty Rights. Protection of Fishing Rights. The Pleasant Harbor MPR is located between two public beaches located at the mouths of the Duckabush and the Dosewallips Rivers which provide both commercial and ceremonial/subsistence harvest opportunities to Native American tribes (“tribes”) with usual and accustomed fishing rights in the area. To protect water quality the Developer shall construct the Pleasant Harbor MPR in accord with the Stormwater Management requirements attached as Appendix B, Shoreline Master Program attached as Appendix F and Wastewater Treatment Plan attached as Appendix I. The Developer will operate the Pleasant Harbor MPR in accord with the Water Quality Monitoring Plan attached as Appendix N and the Neighborhood Water Supply Program attached as Appendix O. The Property sits atop a bluff above these two public beaches. Further, though located between these two public beaches, access to the public beaches on the trail from the Property has been curtailed and will continue to be curtailed permanently. Protection of Hunting Rights. The Port Gamble S’Klallam Tribe (“PGST”) has expressed concern that Elk hunted by the PGST in areas outside of the Property could be attracted to the Pleasant Harbor MPR once it is built out. The Developer shall implement the adaptive management measures set forth in the Wildlife Management Plan attached as Appendix P to mitigate against this concern. Preservation of Native American Treaty Rights. The parties respect the tribal treaty rights and have modified the project and imposed mitigation measures designed, in part, to protect and preserve those rights. Nothing in this Agreement should be viewed as an attempt to curtail or expand the rights reserved to tribes under their treaties with the United States, including but not limited to the Point No Point Treaty. The Developer will continue to cooperate with tribes to protect tribal treaty rights. 12 DEVELOPMENT AGREEMENT RECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE. The parties and the tribes discussed the importance of kettles on the Property to the PGST’s cultural history. The PGST has applied for including of any Traditional Cultural Properties on the National Register of Historic Places as of the date of this Agreement. If, prior to Developer applying for a grading or building permit for the Pleasant Harbor MPR, the PGST applies for and receives a recommendation from the State Advisory Council on Historic Preservation that either Kettle B or C is eligible for listing in the National Register of Historic Places, the Developer shall: Preserve either Kettle B or C by preventing the selected kettle from being used for any stormwater storage; and, Consult with the PGST to arrive at a kettle management plan where the PGST would enhance the selected kettle by removing invasive vegetation and planting it with native vegetation found at the time of its use by native people, and to develop and install an educational signs that explain the significance of the kettles to native people. This provision does not restrict or otherwise prevent Developer from exercising its right to object to any application that kettles are culturally significant. 13 DEVELOPMENT AGREEMENT PROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY Recognition of Significant Nearby Natural Resources. The Developer recognizes the importance of Hood Canal as a source of recreation and fishing. Protecting water quality in Hood Canal is just as important to the success of the Pleasant Harbor MPR as it is to those who use Hood Canal for recreation and subsistence. Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on Nearby Natural Resources. The Developer agrees to address demonstrated impacts of the Pleasant Harbor MPR to water quality both on-site and off-site. The Developer will construct the Pleasant Harbor MPR in accord with the Stormwater Management requirements attached as Appendix B, Shoreline Master Program attached as Appendix F and Wastewater Treatment Plan attached as Appendix I. The Developer will operate the Pleasant Harbor MPR in accord with the Water Quality Monitoring Plan attached as Appendix N and the Neighborhood Water Supply Program attached as Appendix O. 14 DEVELOPMENT STANDARDS Stormwater Standards Critical Area Standards Land development standards Compliance with Ordinance 01-0128-08 Local labor and supplies Cultural resources management and tribal assurances Wildlife management Water supply and neighborhood water system plan Water quality monitoring plan Conservation easements Wastewater treatment plan DEVELOPMENT AGREEMENT 15 DEVELOPMENT REGULATIONS The Planning Commission •Deliberated over 6 months in 2016 •Produced recommended development standards for Pleasant Harbor MPR •Forwarded their code to the Board of County Commissioners for consideration Development Regulations set forth the permitted uses, density standards and zoning development standards and cannot duplicate existing local codes for stormwater, critical areas, land division and site development 16 DEVELOPMENT REGULATIONS The Planning Commission •Produced Findings of Fact, Recommendations and Conclusions •Published an 8-page letter to the Board regarding issues, outstanding questions and other comments associated with the process to recommend development standards for Pleasant Harbor MPR DEVELOPMENT REGULATIONS 17 Dept. Community Development (DCD) staff: •Carefully reviewed the Planning Commission [PC] version of PH MPR zoning regulations, including the 8-page issue letter •Compared the PC version with drafted Development Agreement •Re-drafted zoning regulations with staff-proposed revisions so that: •Redundancies and repetitions between the two were corrected •The PC version did not conflict with existing adopted standards already in code •Clarity was made on zoning regulations that are to address size, bulk and dimensions on the new MPR •Inadvertent aspects of the PC version that were not legally defensible were proposed for correction 18 DEVELOPMENT REGULATIONS Dept. Community Development (DCD) staff: •Produced separate staff memo to explain why revisions proposed Conclusions 19 Pleasant Harbor Master Planned Resort has been a planning project for over ten years The MPR-Ordinance requires 30 very specific conditions for the Pleasant Harbor Master Planned Resort The Development Agreement is the best vehicle to ensure compliance with 30 conditions The Planning Commission-recommended development regulations set forth standards for permitted uses, density and zoning; they contain many provisions more appropriate for the development agreement 20 Next Steps 21 …….