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February 6, 2018
STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting a Development
Agreement for the Pleasant Harbor Master
Planned Resort
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ORDINANCE NO. _____________
WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation
of the State of Washington (“the Board”) constitutes the legislative body for Jefferson County
(“the County”); and
WHEREAS, the Washington State Legislature enacted RCW 36.70B.170-.210 to strengthen the
land use planning process and reduce the costs of development by authorizing the County to
enter into an agreement with a landowner regarding the development of its real property located
within the County’s jurisdiction; and
WHEREAS, Jefferson County Code (“JCC”) Title 18 provides guidance on the process and
procedures for entering into development agreements; and
WHEREAS, on January 28, 2008 the Board approved and adopted a site-specific comprehensive
plan amendment, Ordinance 01-0128-08 establishing a Master Planned Resort on 237.88 acres
located on a portion of the Black Point Peninsula in the community of Brinnon, Jefferson
County. The Board finding consistency with the comprehensive plan, the Brinnon Subarea Plan
and with the GMA implementing regulations codified at Title 18 JCC, affirmed that the Master
Planned Resort (“MPR”) 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.” In addition,
1. Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental
impact statement was issued in 2007;
2. The Jefferson County Ordinance 01-0128-08 was appealed to the Growth Management
Hearings Board which determined that: “The environmental impacts of this project were
studied at an appropriate level of detail, with provision for further environmental review
at the project level stages of development;”
3. An appeal of the decision of the Growth Management Hearings Board ended in 2011,
after it was first affirmed by the Thurston County Superior Court and, then the Court of
Appeals;
4. Ordinance 01-0128-08 included a finding that any future site planning, building and
development of the Pleasant Harbor MPR will be mitigated as the MPR is implemented
first through a development agreement, internal zoning map and internal zoning code,
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February 6, 2018
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;”
5. All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance
01-0128-08 are incorporated herein; and
WHEREAS, the Pleasant Harbor Master Planned Resort, LLC (“Developer”) is the owner of real
property consisting of approximately 237.88 acres located within at Black Point Peninsula in
Brinnon, Washington, and proposes to establish a development there as a master planned resort;
and
WHEREAS, the purpose of this Ordinance is to specifically adopt the Pleasant Harbor MPR
development agreement and incorporate the record all related Pleasant Harbor MPR reports,
findings, conclusions, items of record and mitigation measures as analyzed in the Final
Supplemental Environmental Impact Statement (“FSEIS”) published on December 9, 2015; and
WHEREAS, in accordance with specific conditions implementing the Pleasant Harbor MPR
contained in Ordinance 01-0128-08 and in recognition of the Board’s desire to establish and
maintain good working relationships with area tribes and in recognition of Washington
Governor’s Office of Indian Affairs guidelines on government-to-government consultations
between federally recognized Indian tribes and the State of Washington in order to respect the
sovereign status of the parties, enhance and improve communications, and facilitate the
resolution of issues, the County consulted with affected tribes seeking to substantially address
and, to the maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor
MPR; and
WHEREAS, government-to-government consultations are specifically called out in the
conditions listed in paragraph 63 or Ordinance 01-0128-08 regarding the Pleasant Harbor MPR
and tribal usual and accustomed hunting and fishing rights and tribal cultural resources; and
WHEREAS, the development agreement is the best vehicle to substantially address and, to the
maximum extent practicable resolve, tribal concerns regarding the Pleasant Harbor MPR; and
WHEREAS, the development agreement contains 31 separate attachments necessary to comply
with state law, the JCC and, Jefferson County Ordinance 01-0128-08; and
WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety
to enter into the development agreement.
NOW THEREFORE be it ordained:
Approval of Development Agreement
The Development Agreement is approved and the Board is authorized to sign it on behalf of the
County.
Effective Date
This ordinance is effective immediately upon adoption.
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February 6, 2018
APPROVED and ADOPTED this ________ day of _____________, 2018.
SEAL:
ATTEST:
______________________
Carolyn Gallaway
Deputy Clerk of the Board
Approved as to form only:
_________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
David Sullivan, Chair
________________________________________
Kathleen Kler, Member
________________________________________
Kate Dean, Member
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February 6, 2018