Pleasant Harbor Master Planned Resort

Development AgreementAndDevelopment Regulations

Informational Briefing January, 2018

AgendaProject Overview

Development Agreement

Development Regulations

Possible Next Steps

Pleasant Harbor Master Planned Resort (PH MPR): • Environmental impacts assessed

in multiple impact statements

• County passed 2008 Ordinance that allows Pleasant Harbor MPR to be developed subject to specific conditions

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238-acres; formerly zoned rural residential; next to the 300-slip marina that was re-developed under an existing Binding Site Plan

Valuable Consultations with affected tribes occurred throughout project history. More recently in:• December 2015• January 2017• September 2017• October 2017• October 2017 (wildlife

management plan)• November 2017

Results Include:• Reduced number of residences• Golf course reduced in size • Grassy areas greatly reduced • Updated water quality monitoring plan to include additional subterranean

monitoring (in addition to harbor monitoring)• Additional protection of wildlife including Elk fencing and safe removal• Draft development agreement contains language specific to tribal treaty

rights recognition and cultural resource protection

Former Campground

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• System of Paved/ Gravel Roads and Parking Areas

• 500+ RV Pad Sites• Buildings with Septic Tanks and

Drain Fields

Proposed Resort

• A nine-hole golf course with a three-hole practice course• 890 residential units consisting of guest rental and worker housing• 56,608 square feet of commercial space with resort related amenities• 103 acres of natural area preserved• Phasing plan accompanied by resource management plans, utility plans

and service agreements

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Jefferson County Code 18.15.126 through 135 sets forth local code requirements for the preparation, content, criteria for and the approval process of Master Planned Resorts, including development standards and development agreement stipulations

Substantial Planning and Environmental Impact Review

January 2008: BoCC approves the MPR Designation in Ordinance No. 01-0128-08

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Adopted Ordinance lists thirty (30) conditions that must be used for the planning and development of the Pleasant Harbor Master Planned Resort

Adopted Ordinance lists thirty (30) conditions that must be used for the planning and development of the Pleasant Harbor Master Planned Resort

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DEVELOPMENT AGREEMENT

Provides clarity, specificity and predictability for large developments while providing longer-than-normal timeframes and vesting to existing local code

Public hearing on Agreement required; adopted by County ordinance or resolution

The “Envelop” around the Project—subsequent Permits will be required

For Pleasant Harbor MPR

DEVELOPMENT AGREEMENT

For Pleasant Harbor MPR

Development Agreement will be the principalvehicle to ensure compliance with all required conditions

Development Agreement defines phases for build-out, establishes terms and scope of vesting period

Development Agreement articulates development standards - relies on existing local codes for stormwater, critical areas, land division and site development

Development Agreement includes additional requirements where compliance with each of the thirty conditions is spelled out in detail

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DEVELOPMENT AGREEMENT

9Thirteen Chapters

DEVELOPMENT AGREEMENT

Thirty one attachments

….. Now a review of some key elements of the draft development agreement…..

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DEVELOPMENT AGREEMENT

EFFECTIVE DATE, TERM AND BUILD-OUT PERIOD

Effective Date: date of Board adoption approving the Agreement.

Term of the Development Agreement: from the effective date to five (5) years after the end of the build-out period.

Build-Out Period: twenty-five (25) years from the effective date or five years after the completion of all the phases as described in Phasing Plan, whichever is later.

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DEVELOPMENT AGREEMENT

Protection of Native American Treaty Rights.Protection of Fishing Rights

• The Pleasant Harbor MPR is located in areas which provide harvest opportunities to Native American tribes (“tribes”) with usual and accustomed fishing rights in the area

• To protect water quality the Developer shall construct the Pleasant Harbor MPR in accord with the Stormwater Management requirements attached as Appendix B, Shoreline Master Program attached as Appendix F and Wastewater Treatment Plan attached as Appendix I

• The Developer will operate the Pleasant Harbor MPR in accord with the Water Quality Monitoring Plan attached as Appendix N and the Neighborhood Water Supply Program attached as Appendix O

• Access to the public beaches from the Property has been curtailed and will continue to be curtailed permanently

Protection of Hunting RightsThe Port Gamble S’Klallam Tribe (“PGST”) has expressed concern that Elk hunted by the PGST in areas outside of the Property could be attracted to the Pleasant Harbor MPR once it is built out. The Developer shall implement the adaptive management measures set forth in the Wildlife Management Plan attached as Appendix P to mitigate against this concern.Preservation of Native American Treaty Rights.The parties respect the tribal treaty rights and have modified the project and imposed mitigation measures designed, in part, to protect and preserve those rights. Nothing in this Agreement should be viewed as an attempt to curtail or expand the rights reserved to tribes under their treaties with the United States, including but not limited to the Point No Point Treaty.The Developer will continue to cooperate with tribes to protect tribal treaty rights.

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DEVELOPMENT AGREEMENTRECOGNITION OF AREAS WITH CULTURAL SIGNIFICANCE.• The parties and the tribes discussed the importance

of kettles on the Property to the PGST’s cultural history.

• The PGST has applied for including of any Traditional Cultural Properties on the National Register of Historic Places as of the date of this Agreement.

• If, prior to Developer applying for a grading or building permit for the Pleasant Harbor MPR, the PGST applies for and receives a recommendation from the State Advisory Council on Historic Preservation that either Kettle B or C is eligible for listing in the National Register of Historic Places, the Developer shall:

• Preserve either Kettle B or C by preventing the selected kettle from being used for any stormwater storage; and,

• Consult with the PGST to arrive at a kettle management plan where the PGST would enhance the selected kettle by removing invasive vegetation and planting it with native vegetation found at the time of its use by native people, and to develop and install an educational signs that explain the significance of the kettles to native people.

This provision does not restrict or otherwise prevent Developer from exercising its right to object to any application that kettles are culturally significant.

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DEVELOPMENT AGREEMENTPROTECTION OF WATER QUALITY OUTSIDE OF THE PROPERTY

Recognition of Significant Nearby Natural Resources.

The Developer recognizes the importance of Hood Canal as a source of recreation and fishing. Protecting water quality in Hood Canal is just as important to the success of the Pleasant Harbor MPR as it is to those who use Hood Canal for recreation and subsistence.

Developer’s Agreement to Address Impacts of the Pleasant Harbor MPR on Nearby Natural Resources.

The Developer agrees to address demonstrated impacts of the Pleasant Harbor MPR to water quality both on-site and off-site. The Developer will construct the Pleasant Harbor MPR in accord with the Stormwater Management requirements attached as Appendix B, Shoreline Master Program attached as Appendix F and Wastewater Treatment Plan attached as Appendix I. The Developer will operate the Pleasant Harbor MPR in accord with the Water Quality Monitoring Plan attached as Appendix N and the Neighborhood Water Supply Program attached as Appendix O.

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DEVELOPMENT STANDARDSStormwater StandardsCritical Area StandardsLand development standards

Compliance with Ordinance 01-0128-08

Local labor and supplies

Cultural resources management and tribal assurances

Wildlife management

Water supply and neighborhood water system plan

Water quality monitoring plan

Conservation easements

Wastewater treatment plan

DEVELOPMENT AGREEMENT

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DEVELOPMENT REGULATIONS

The Planning Commission• Deliberated over 6 months in 2016• Produced recommended development

standards for Pleasant Harbor MPR• Forwarded their code to the Board of County

Commissioners for consideration

Development Regulations set forth the permitted uses, density standards and zoning development standards and cannot duplicate existing local codes for stormwater, critical areas, land division and site development

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DEVELOPMENT REGULATIONS

The Planning Commission

• Produced Findings of Fact, Recommendations and Conclusions

• Published an 8-page letter to the Boardregarding issues, outstanding questions and other comments associated with the process to recommend development standards for Pleasant Harbor MPR

DEVELOPMENT REGULATIONS

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Dept. Community Development (DCD) staff:• Carefully reviewed the Planning

Commission [PC] version of PH MPR zoning regulations, including the 8-page issue letter

• Compared the PC version with drafted Development Agreement

• Re-drafted zoning regulations with staff-proposed revisions so that:

• Redundancies and repetitions between the two were corrected

• The PC version did not conflict with existing adopted standards already in code

• Development standards could focus on zoning for MPR and allow development agreement to address conditions and mitigation measures

• Items that could not be legally defensible were corrected

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DEVELOPMENT REGULATIONSDept. Community Development (DCD) staff:• Produced separate staff memo to

explain why revisions proposed

Conclusions

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Pleasant Harbor Master Planned Resort has been a planning project for over ten years

The MPR-Ordinance requires 30 very specific conditions for the Pleasant Harbor Master Planned Resort

The Development Agreement is the best vehicle to ensure compliance with 30 conditions

The Planning Commission-recommended development regulations set forth standards for permitted uses, density and zoning; they contain many provisions more appropriate for the development agreement

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Possible Next Steps

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• Board of County Commissioners can set a date to hold a public hearing on the development agreement and zoning regulations

• Board would also establish a public comment timeframe, likely sixty (60) days

• County would accept written comments and oral testimony from tribes, public and private groups, agencies and individuals during comment period and at public hearing

• County would process public comments for Board

• Board would hold deliberations before taking final action on the items

• Development permits would be accepted only after Board action