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Home My WebLink About038 1 February 6, 2018 STATE OF WASHINGTON County of Jefferson An Ordinance Amending Jefferson County Code Title 17 adding a Chapter and entitling it ‘Master Planned Resorts’ and Amending Title 18 ‘Unified Development Code’ regarding the Pleasant Harbor Master Planned Resort ) ) ) ) ) ) ) ORDINANCE NO. _____________ WHEREAS, RCW Chapter 36.70A. et seq., the Growth Management Act (“GMA”) requires that counties planning under the GMA to adopt development regulations that are consistent with and implement their comprehensive plans; and 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 County adopted a GMA-derived comprehensive plan on August 28, 1998 via Resolution 72-98 and adopted GMA implementing regulations codified at Jefferson County Code (“JCC”) Title 18 on December 18, 2000; and WHEREAS, JCC Title 18 provides guidance on the process and procedures for amending the JCC; 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. 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; 2 February 6, 2018 4. Ordinance 01-0128-08 included a finding that any future site planning, building and development of the Pleasant Harbor MPR 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 … will be mitigated as the MPR is implemented first through a development agreement, internal zoning map and internal zoning code, then through plat and permit review and possible issuance of permits and, with all the prior items accomplished, finally with the issuance of building permits;” 5. All of the findings, conclusions and the conditions listed in paragraph 63 of Ordinance 01-0128-08 are incorporated herein; and WHEREAS, the purpose of this Ordinance is to specifically adopt the internal zoning map and internal zoning code of the Pleasant Harbor MPR and incorporate the record supporting code text amendments and all other 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, the Jefferson County Planning Commission, following timely and effective public notice, held a public hearing on January 6, 2016 to take public testimony and allowed the hearing record to remain open until February 3, 2016 to receive written comments on the proposed Pleasant Harbor MPR development regulations published in the FSEIS; 1. Approximately 114 individual comments were received by the Planning Commission on the environmental impact analyses, development regulations, and draft development agreement, as analyzed in the FSEIS; 2. Beginning on February, 2016 and continuing until June, 2016, following timely and effective public notice, the Planning Commission held seven deliberation meetings on the proposed development regulations as published in the FSEIS; 3. On June 15, 2016, following timely and effective public notice and in accordance with JCC 18.45.090, the Planning Commission forwarded to the Board of County Commissioners recommended development regulations amending JCC Title 17 and Title 18, along with associated findings and conclusions regarding the Pleasant Harbor MPR zoning code; 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 3 February 6, 2018 WHEREAS, government-to-government consultations related to the environmental review, planning, development standards and development agreement of the Pleasant Harbor MPR and tribal issues regarding usual and accustomed hunting and fishing rights and regarding tribal cultural resources go back at least as far as 1996, concerning the Brinnon Subarea Plan and have continued through to the present, the documentation of which is hereby incorporated into the record; and WHEREAS, the Board finds that opportunities provided for government-to-government consultations and for citizen participation used in the preparation of these proposed amendments to Title 17 and 18 JCC are consistent with the requirements of the Governor’s Office of Indian Affairs guidelines, GMA and the State Environmental Policy Act; and WHEREAS, the Board has considered and makes the findings that the proposed amendments to Titles 17 and 18 JCC are consistent with and support other comprehensive plan elements and/or development regulations and that will correct certain deficiencies and insert desirable changes to development regulations; and WHEREAS, the Board finds that it is in the best interest of the public health, welfare and safety to enact the proposed amendments to Titles 17 and 18 JCC. NOW, THEREFORE, be it ordained: Section 1. Amendment to Jefferson County Code. JCC Title 17 “Port Ludlow Master Planned Resort” is changed to “Master Planned Resorts” and a new Chapter titled “Pleasant Harbor Master Planned Resort” is added as set forth in Attachment 1 and incorporated herein and by this reference is hereby adopted. Section 2. Amendment to Jefferson County Code. JCC Title 18 “Unified Development Code” is amended as set forth in Attachment 2 and incorporated herein and by this reference is hereby adopted. Section 4. Effective Date. This ordinance is effective immediately upon adoption. Section 5. Explicit Action. Should any amendment to JCC Title 17 and Title 18 that was passed by the Board during its deliberations be inadvertently left out upon publication, the explicit action of the Board as discussed and passed shall prevail upon subsequent review and verification by the Board. Section 6. Severability. If any provision of this ordinance or its application to any person, entity, or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstance, is not affected. APPROVED and ADOPTED this ________ day of _____________, 2018. 4 February 6, 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