The URL can be used to link to this page

Home My WebLink About078AnamuRU &Eusns, ur . Attcacyr atlrrp I. Rfc[ndAranhnu rick@aranbum,curtir.cm Jefte? lv{. Euds cutir@aaoburu,crrtls.com Jefferson County Board of Commissioners 1820 Jeffercon St. PortTownsend, WA 98368 720 Thtrrd Avcauc, Srdtc 2000 Scatdc, WA 98104Td 206.625.9515 Fu, 206.682.1376 w*w.arubrrrr,cuotir.on April13, 2018 VIA Email: jefbocc@co jeffercon.wa.us Re: Pleasant Harbor Marina Master Planned Resort Development Agreement and Zoning Dear Commissioners: This office representsthe Brinnon Groupi a Washington non-profit corporation concemed wtththe reslrt development proposed bythe Stiatesman Group near Black Point in the Brinnon area. We filed commenb on the proposal on April 9,2018 at the public hearing held in PortTownsend. These comments supplement those previously fi led. As indicated in previous comments, the cunent proposalbefore the Commissioners is inconsistent with applicable codes and regulations and accordingly cannot be approved. 1, INADEQUACY OF THE SUPPLEMENTALFEIS. On December 9, 2015, the County prepared a FinalSupplemental Environmental lmpact Statement fFSElS") for he current proposal. The FSEIS was intended to provide updated information enthe revisionstothe proposal. However,the FSEIS is inadequate for consideration of the cunent proposal for several reasohs. a) Failureto Consider new Community Center. As we noted in ourApril 7, 2018, comment letter, the MPR proposalwas significanfly reMsed after issuance of the FSEIS. The applicant has now proposed in its "Phasing Plan'atvvostory'Rec Cente/'in the northem portion of fie project site. The detailed uses proposed forthefacility arefound in The Msion" at pages 15-16. According to the Msion, the Rec Center is 158,000 square feet in size. The uses in the "Rec Cente/' includethefollowing: AnnMsunu & Eusrs, LLP Aprll13,2018 Page2 . Full Size Basketball Court intended also for Volleyball, Soccer and Lacross (src/, with seating for 560 spectators.7 Sports Courts. . Theaterwith 165 seats . Two swimming pools, a lane pool and a 'kid" pool, together with a Mewing area on the second floor wlth seatlng for more than 300 . Two substantlal conference areas . "Blstro" on the Flrst Floor . Restaurant and Lounge on the Second Floor . Grocery . Laser Skeet Shooting .12-14 Offices . 1'l Medlcal Offices . Running track 'Daycare. Chapel, apparently to be used for Weddlngs ln the Vislon (page 11), the appllcant indicates that "the Recreation Centre produces minimal net revenu€, . . . .' The FSEIS dld not show the 'Rec Cenhe" ln tre Site plan. See FSEIS Flgure 2-9. There were to be 36,000 squar€ feet of commercial area ln the golf course area, but no mentlon of the 158,000 sguare foot "rec centef shown in The Vislon and Phaslng Plan. lndeed at page 2-35 of the FSEIS, the "RecreatlonalAmenltles' llsts the followlng (ln addition to the golf course): One new swlmming poolon the golf resort side, two tennls courts, a Bocce ball court, billiard and game rooms, a @mmon-use fire pit, and amphitheater. Walklng paths throughout. Tum Bullding (Halflray House shown in graphics) by Hole #9. Tree Top Adventure andZlp Llne ln the Marltlme Vlllage area. b) Fallure to ConsiderArchaeolooical lmoacts. The FSEIS dlscusses cultural and archaeological resounces at page 3.13-1. That sec{lon states: The2O07 EIS noted that prior archaeologicalfield investigations of the site area did not result in the idenfficatlon of any prchistoric or hlstoric archaeologica! resources. However, the Washington State Department of Archaeology and History Preservation (DAHP) and the Port game S'Klallam Trlbe ln thelr letters dated April 9, 2018, both address unlque and geologlcally slgnificant features and state that the kettles are of cultural and spiritual importance. Additional analysls under SEPA is required for the historic and archaeologic resources. a ARAMBURU E EUSTIS, LLP Aprll'13,2018 Page 3 c) Future SEPA Comoliance. Proposed code section 17.80.030 discusses use of past envircnmental lmpact statements to provide compliance with future actions. ln partlcular, Subsectlon (c) states that these prlor envlronmental impact statements 'shall constltute compllance . . . for all subsequent approvals or permit to develop" the project. However, the prlorenvlronmental lmpact stratement did not consider multiple impacts from various strudures and uses proposed forthls proJect, lncludlng, among others, the Rec Center as described above. 2. LACK OF MEANINGFUL REGULATION IN DEVELOPMENT REGUI.ATIONS. As noted in ourApril 9, 2018 letter, the master plan map and phaslng plan ar€ contradictory, showing dlfferent uses ln different locations. Both slte plans are slmple llne drawlngs wlth no bulldlng detall, no landscaplng plans or speciflcatlon of any functlons. The proposed golf courae zone, MPR-GR, whlch would be added to Chapter 17.65 of the Jefferson County Code (JCC) essentlally allows all uses shown on the slte plan,.but without any requirement for land use reMew. There ane no controls fur architecturalcontent, landscaplng, parklng orotherfeatures, lncludlng speciffcatlonsfor tr:alls or slmllarfeatures. Essentlally there ar€ no zbning controls. ' Slmllarly, proposed JCC 17.80.020(6)(e) dlscusses an'approved landscaplng plan'and provldes thatthe buildlngs'should be constructed and placed ln such a way theywill blend into the tenaln and landscape wlth park-llke green belts." Wlth the inclusion of the verb "should" there ls no enforceable requirement in thls section. Even if phmsed as mandatory, the criteria herc are vague and largely unanforceable. Slmllarly, proposed Subsectlon 17.80.060(2) sap: The @unty shall accept building permits only for proJects lncluded ln and conslstent wlth the Master Plan.' How€ver, as previously descrlbed, there are serlous dlscrepancles between the master plan map and the phaslng plan such that lt ls lmpossible to tellwhat proJects are included therein. ln addition, the buildings and thelr locations ar€ only line drawinls, without dlmenslons, so essentlally anv building proposals oould be considengd consistent with these amblguous drawings. The same vagueness applles to the revisions sectlon of the proposed code at Subsectlon 17.80.070. The code lncludes changes that'allow an unllmited abllity to add uses which 'do not modlfy the recreatlonal nature and lntent of the rcsort." Such language leaves the applicant nearly unllmited discretlon and lacks a meaningrful standard for revlew. I I ARAMBURU & EUSTIS, LLP Aprll 13,2018 Page 4 3.THE PROPOSAL IS INCONSISTENT WITH SEVERAL PORTION OF THE COMPREHENSIVE PI..AN. One of the most important features of any MPR ls the retention of open space. Comprehensive Plan Pollcy 24.9 requlres that a Jefferson County MPR: shall contain sufflcient portion of the site ln undevoloped open space for bufferlng and recreational amenities to help preserve the natural and rural character of the area. When located in a ruralarea, the master planned resort should be designed to blend wlth the naturalsetting . . . Thls sectlon ls dlscussed at page 15 of the Staff Report for the Development Agreement. Staff says that provision for Natural Open Sp3ce ls found tn Table 2-3 ot the FSEIS and clalms ffrat 103 acres wll! be natural, undlsfurbeO area. Whlle those figures arc mentloned on page 2-36 of the FSEIS, the location of such areas ls not found on any drawings ln the FEIS or in site plans. Whether such open space meets the standards of the Comprehensive Plan cannot be determined without at least a general indication where the open space might be located. 4. CONCLUSTON. Farfrom regulatlng and contnolllng the proposed MPR, the Development Agreement and the proposed zoning regulations are so vague and confradlctory as to be meanlngless. As noted herein, the plans and submlsslone failto provlde notlce to the publlc of what ls intended by the project. The failurc to speclff prcJect features regulated oeates essentially arte blandte permlsslon to the applicant to seek development of project features into the future without a meaningful plan. The Development Agreement and Zonlng as proposed should be reJected. We incorporate by reference allmmments opposlng the proJect. Sincerely, Rlchard Aramburu JRA:cc cc:Cllent