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Home My WebLink About109 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. ___03-0604-18____ 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;” and WHEREAS, Jefferson County Ordinance 01-01-0128-08 was adopted after a programmatic environmental impact statement was issued on November 27, 2007 as Final Environmental Impact Statement for the Brinnon (also referred to as the Pleasant Harbor Marina and Golf Resort) Master Planned Resort; and WHEREAS, 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;” and WHEREAS, 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; and WHEREAS, 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;” and WHEREAS, 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 development regulations for 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, internal zoning map 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 (“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; and WHEREAS, approximately 114 individual written comments were received by the Planning Commission on the environmental impact analyses, development regulations, and draft development agreement, as analyzed in the FSEIS; and WHEREAS, beginning in 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; and WHEREAS, 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 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, on numerous dates during 2017, Jefferson County representatives conducted government-to-government consultations with representatives of the Point No Point Treaty Council, the Port Gamble S’Klallam Tribe, and the Skokomish Tribe concerning the proposed development regulations amending JCC Title 17 and Title 18; and WHEREAS, on August 14, 2017 and January 18, 2018, the Board and the Planning Commission held a joint meeting that included a review and discussion of staff proposed revisions to Planning Commission recommended development regulations for Pleasant Harbor MPR; and WHEREAS, on February 5, 2018, the Board approved a hearing notice published on February 7, 14 and 28, 2018, setting a public hearing on April 9, 2018 on the staff proposed revisions to Planning Commission recommended development regulations for Pleasant Harbor MPR and establishing a public comment period beginning February 7, 2018 accepting written public comments up and through the end of the public hearing; and WHEREAS, on April 9, 2018, following timely and effective public notice and in accordance with JCC 18.45.090, the Board held a public hearing on staff-proposed revisions to the Planning Commission recommended development regulations during which seventy-five (75) verbal comments were received and after which the Board made a motion to extend the public comment period to accept written public comments t until 4:30 pm on April 13, 2018; and WHEREAS, the Board received public testimony and began deliberations on the hearing record, including 282 pieces of written testimony and verbal testimony from 75 members of the public; and WHEREAS, on May 21, 2018, following timely and effective public notice, a staff report was presented to the Board to assist the Board’s deliberations that included a matrix that documented of the 282 written comments and 75 verbal comments received during the Board public comment period and based on the record, the Board gave staff direction to incorporate further refinements to the staff proposed revisions to the Planning Commissions recommended development regulations for the Pleasant Harbor MPR to improve clarity for the Board’s continued deliberations; 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 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, the State Environmental Policy Act and Ordinance 01-0128-08; 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, Ordinance 01-0128-08 and/or development regulations, and 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. Adoption of the Record and Supporting Code Text Amendments. The preceding “Whereas” statements are hereby adopted as findings, and the record supporting code text amendments and all other related Pleasant Harbor MPR reports, findings, conclusions, items of record, internal zoning map and mitigation measures, as analyzed in the Final Supplemental Environmental Impact Statement (“FSEIS”) published on December 9, 2015, are hereby incorporated, and the Pleasant Harbor MPR internal zoning code is hereby adopted as follows. Section 2. Amendment to Jefferson County Code. JCC Title 17 “Port Ludlow Master Planned Resort” is changed to “Master Planned Resorts,” an Article heading titled “Article I Port Ludlow Master Planned Resort” is inserted before Chapter 17.05 “General Provisions” to encompass Chapters 17.05-17.50; the Code Reviser is instructed to find within Article I Chapters 17.05- 17.50 all references to “this title” and replace that term with “this article,” and all references to “MPR code” and replace that term with “Port Ludlow MPR code;”and a new Article titled “Article II Pleasant Harbor Master Planned Resort” is added to Title 17 as set forth in Attachment 1 and incorporated herein and by this reference is hereby adopted. Section 3. Amendment to Jefferson County Code. JCC Title 18 “Unified Development Code” Sections 18.15.025 “Master planned resort,” 18.15.115 “Designation,” 18.15.120 “Purpose and intent,” 18.15.123 “Allowable uses,” 18.15.126 “Requirements for master planned resorts,” 18.15.129 “Application requirements and approval process,” 18.15.132 “Decision-making authority,” 18.15.135 “Criteria for approval,” and 18.15.138 “Port Ludlow Master Planned Resort” are amended as set forth in Attachment 2 and incorporated herein and by this reference are 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. 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