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Perkins
Coie
Alexander W. Mackie
PHONE: (206) 359-8653
FAX: (206) 359-9653
EMAIL: AMackie@perkinscoie.com
1201 Third Avenue, Suite 4800
Seattle, WA 98101-3099
PHONE: 206.359.8000
FAX: 206.359.9000
www.perkinscoie.com
June 17,2009
VIA E-MAIL PLANNING@CO.JEFFERSON.WA.US and HAND DELIVERY
Mr. Peter Downey, Chairman
Jefferson County Planning Commission
Jefferson County Dept. of Community Development
621 Sheridan Street
Port Townsend, W A 98368
Re: Jefferson County SMP Update, High Intensity Shoreline Environment Development
Dear Mr. Downey:
This office represents Pleasant Harbor Marina and Golf Resort LLP, which has an interest in
redevelopment of the High Intensity shoreline at Pleasant Harbor near Brinnon.
This letter is written in support of the modifications made to the Jefferson County Shoreline
Master Program, June 3, 2009 draft, and particularly the change in the marine shoreline buffer
from 150 to 50 feet in the High Intensity shoreline environment. SMP section 6.1.D.5.
The Shoreline Management Act looks to balance two very important goals identified more than
30 years ago when the public first created the shoreline program by initiative: (1) Provide access
to the shorelines ofthe state to promote utilization, particularly by water-oriented and priority
uses, and (2) Provide assurance that access and utilization of the shorelines, where permitted,
occur in areas where appropriate and with full protection of environmental functions and values.
The High Intensity designation of the Pleasant Harbor shoreline reflects the historic utilization of
this area as a marina and area of water access and enjoyment, including the WDFW boat launch.
The key to future development supporting proper public access to shorelines is the recognition
that a combination of buffers, setbacks, stormwater control, vegetation protection, and
restoration of degraded areas, incorporated into the current draft SMP, can fully achieve the
referenced goals. The important requirement on developed shorelines is to assure that usage and
redevelopment results in no net loss of ecological functions and values. Your present draft can
achieve that result and should be supported.
57577 -0006/LEGALl6391322.l
ANCHORAGE 0 BEIJING 0 BELLEVUE 0 BOISE 0 CHICAGO 0 DENVER 0 LOS ANGELES
MENLO PARK 0 PHOENIX 0 PORTLAND 0 SAN FRANCISCO 0 SEATTLE 0 SHANGHAI 0 WASHINGTON, DoC.
Perkins (oie LLP and Affiliates
Mr. Peter Downey
June 17,2009
Page 2
I believe the Commission may want to consider two text changes for clarification purposes in the
current SMP update draft.
1. 6.1.D.9, Buffer Reduction and Averaging
6.1.D.9 requests that approval criteria of 18.22.270(6) and (7) are met.
I believe you will want to change the language to read". .. if all of the approval criteria of
Chapter 18.22.270(6)!!!. (7) are met" since 18.22.270(7)(f) states specifically that the two
are mutually exclusive.
2. 6.6.B.l, Building Setbacks
1. A building setback of five (5) feet shall be established on the landward
edge of the shoreline buffers required by this Program.
Definitions provide that a setback is:
... the distance a building structure is placed behind a specified limit such as a lot
line or shoreline buffer.
p. 2-35, emphasis added.
I have worked with similar codes and the question always arises whether the term
"building structure" includes eaves and awnings or more specifically to the footings of
the building proper. Whereas here, where pedestrian access structures are allowed to
reach into the buffer, there is a question as to what constitutes a "building structure" and
what constitutes a "shoreline access" structure.
To clarify, I would suggest a change in definition of setback at p. 2-35. One possibility
IS:
Setback means the distance a buildinfI structure is olaced behind a soecified limit
such as a lot line or shoreline buffer. For ourvoses of this definition the
"buildinfI structure" is measured from the footings and does not include eves and
awninfIs. but does include oorches. On shorelines where oedestrian access
facilities oermitted bv this code are orovided. the buildinfI setback shall be to the
footings of the buildinfI. but shall not include eves. awninfIs. porches. trellises that
mav be Dart of the building. but which also facilitate access and protection to the
oublic using the access facilities.
57577 -0006/LEGALl6391322.1
or
Mr. Peter Downey
June 17,2009
Page 3
I look forward to working with the County on shoreline projects and urge you forward the
present draft, with changes notes, to the Board of County Commissioners for their review and
approval.
Sincerely yours,
/luff~
Alexander W. Mackie
A WM/kr
cc: Michelle McConnell
Pleasant Harbor
57577 -0006/LEGAL 16391322.1