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HomeMy WebLinkAbout030413_ra01~, Regular Agenda 9:45 - 10:00 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners (BoCC) Philip Morley, County Administrator /~ FROM: Carl Smith, Director of Community Development "`' Stacie Hoskins, Planning Manager David Wayne Johnson, Port Ludlow ead Planner DATE: Mazch 4, 2013 SUBJECT: Amendment No. 2 to the Port Ludlow Development Agreement STATEMENT OF ISSUE: The County has received a request from Port Ludlow Associates (PLA) and Olympic Water and Sewer Inc. (OWSI) to extend by amendment the term of their Development Agreement and the Memorandum of Understanding with Jefferson County from May 8, 2020 to May 8, 2025. The amendment also includes a provision to extend preliminary plat approval from the current seven years, to ten yeazs. ATTACHMENTS: • Letter of request from Diana Smeland, President of Port Ludlow Associates. • Amendment No. 2 to Port Ludlow Development Agreement • Amendment No. 1 to Memorandum of Understanding Regarding the Provision of Sewer Service within the Boundaries of the Port Ludlow Master Planned Resort • Notice of Public Heazing for April 1, 2013 ANALYSIS: Staff notes that since the economic downturn of 2008, the DCD has not issued any building permits to PLA for new Single Family Residences, when just a year before, they were issued ten. That is over four years of no building activity. When the Port Ludlow Development Agreement (PLDA) was originally signed in 2000, the County anticipated the build-out of the resort would occur by the May 2020 deadline. Because of this lack of building activity, it is reasonable to extend the expiration of the PLDA to allow the build-out to occur as anticipated. Concurrent with the PLDA is a Memorandum of Understanding (MOU) between the County and OWSI to supply sewer and water service to residences within the Port Ludlow Master Planned Resort (MPR). The MOU will expire on October 4, 2019. To be consistent, PLA is also requesting an extension to the MOU to match the expiration of the DA on May 8, Regular Agenda 9;45 - 10:00 2025. The lack of building activity also affects the ability to finalize subdivisions with preliminazy approval because of the revenue from home sales that finance the required infrastructure. Currently there are two subdivisions with preliminary approval, one of which, Olympic Terrace II will expire on June 28, 2013 and already received a one yeaz extension from the BoCC in 2012. The proposed amendment includes an extension for preliminary plat approval from the current seven years to ten years as allowed under RCW36.70B.170(3)(i). Similaz to Amendment No. 1 which eliminated the Appellate Heazing Examiner process, consistent with Jefferson County Code Title 18, the current requested amendment is strictly limited to allow more time to complete the build-out of the MPR. Staff wishes to emphasize that the proposed amendments do not expand the scope or scale of development of the MPR in any way, only the time period in which PLA may achieve it. Staff will provide additional analysis subsequent to the public hearing so that public comment can be analyzed and addressed. ALTERNATIVES: The requested action is not mandatory. Section 4.6 of the PLDA, "This agreement shall not be amended without the express written approval of the County and Pope (or its successors, successor in title and assigns with respect to the property in which they have an interest). The Board of County Commissioners must approve all amendments to this agreement by ordinance or resolution and only aRer notice to the public and a public hearing." The BoCC may either accept or decline the request to amend. However, the current preliminary plat approval for Olympic Terrace II expires on June 28, 2013, and therefore should the BoCC accept the request to amend, time is of the essence. The BoCC may choose to modify the amendment to not include the extension to preliminary plat approval, however, the expiration of preliminary plat approval would require a complete re-application of the subdivision by PLA. FISCAL IMPACT/COST BENEFIT ANALYSIS: All staff time to process the amendments will be billed to PLA by the hour. RECOMMENDATION: 1. Accept PLA's request tc process an amendment request to the Development Agreement and Memorandum of Understanding. 2. Accept the attached notice of public heazing for publication and schedule the public hearing on this matter for April 1, 2013 to occur during the BoCC regularly scheduled weekly meeting. REVIEWED BY: z 7~1~ i ip Morley, y Administra r e §' n ,f~ ' ~ ~§ ~ ffi , 5 f +i ~'asa~ ~ }`~ t~ ~; ~ ~. C7Ctaber 17, 2[312 ~~ ~ ~ ~ ~ ~« Phil ,lc~hnsan Board of County Carr~missic~ners Jefferson Caa~nty Caurthause PC Bax 1220 182[} Jefferson 'Street Park Townsend„ WA 98368 John Austin Board of County Commissiarter5 Jefferson County Caurthause Pd Sox 12.213 1$20 Jefferson Street Fart Townsend, tfU'A 98368 aavid Sullivan Board of County Ccammssiarsers Jefferson County Courthouse PC Bax 122Q 1820 Jefferson Street Pert Townsend, WA 98368 Fie. ~xtensian of Part Ludlow ®evelapment Agreerneri# and l]reliminary Plats Qear Commissioners: l am enclosing a proposed amendment to the Part Ludlow C7evelopment Agreement. V1Ie desire through this amendment to extend the term of the Agreement by five years, to expire May 8, 2025, instead of May 8, 2D2[}. We also desire thra€~gh this amendrl`lent to extend the preliminary plat approval period #o ten years. Prelirrainary plats in Jefferson County that are not subject ko development agreements eurrentiy expire after seven years. Adverse economic conditions in Jefferson County and throughout the rest of the nation and the world since 2008 have significantly reduced the demand for real estate., deEaying the period of time between the cammencerrient and completion of real estate de~eloprnent projects. Recently there has been a slight recovery nationally, but historically Jefferson County is behind national trends. Thank you far your consideration. Sincerely yours, PC7R1• LI.lQLC7'~J ASSCCIATI^S LLC Diana Smeland ' President 1)~'w'"I wl}A B 10#,?F l IHHr~ 1l,:!-(JsYlyllll? 7413k En'HC{~ LA*dC ~C1 a`i7 LLP 7li7 •.Y 4'+R 7k3365 i .36©~d97 21f7 9 • F axe 3b4<6:3 :+-2522 ,,;,~.y.~i p:(}{7Ti U[3l f?~'~~t.~Si]CIdf E. C~ZA WI~El~I R.L+CE}RI31ED, RII~TURN Tf~: Marta de Sa e Silva Dams Wright Trernane LIP 12fJ 1 p'o~xrth Avenue, Suite 22~a Seattle, "Washington ~$ l01 AME~iDME1ti1T N®. 2 TQ P©11tT L~]DLOW Dlv"V'LL~PMENT AGRL)EMENT Grantor-; .I1~I`k`£~RS[)I~l COUNTY, a political s~zbdivisinn of the State af'~'ashingtan Grantee: FLIRT LUDLOW ASSOCIATES LLC, a Washington limited liability company OIIYMPIC WATI/R AND SEWER, INC., a Washingtnn corporation Al~brev~ated Lega~1 Description: I'artions of Sections $, 9, 16, I7, 2~, 21 and 29, To~~~nship Z$ Nnrth, Range 1 East; Lts 4$, ~$, 7I , 1 ~S and 45 Area 4, Pt Ludlow No. I ; Lt 1 G Area 3 Pt I.ucilawv Nn. 2; Lot $ South Say #~; I.t 7'4 Teal Lake Village; Parcels T-1 ] Ludlow Bay Village; I.~ts $-i l Ludla~v Cove Div 1, Phase 2; TTs A-E Ludlow Cove Div 1, Ph I ; Lt 1 f O~yrnpic Terrace I; Lts 1-41 and TTs A-C Olympic `Terrace Div° 2, Ph l; and tidelands framing Ludlow day Village and Lt 1 laudlow Beach TTs Complete legal description is on page (Exhibit A) of document.. Assessor's Property Tax Parcel Accorant Numbers: See Attachment 1~a, 1 herein. Reference to Related Docurrrent: A.k. NQ. 43~97~1(I7evelopment r!~greement} A.F, No. 53369 (Corrected Amendrr~ent 1Vo. 1} 9] W'F 2242 ; G8~ ~ 6[~b53fi4-OUOfI i fr AMENI)M1FNT' 1<iO.2 Td P(]R~I' LUDL~'W DEVELUPlV1E,:VT AGRI~1FM111NT THIS AMENDMI"~NT NO.2 T+D PORT LUDL OW I~EVELOPiVIENT AC~ItEEME?~IT {this "Amendment") is made this ~ day of , 2013, by PORT LI.JDLOW ASSOCIATI%S LLLC, a Washington limited liability company, and OLYMPIC WATER AND SP;'WIJtZ, INC., a Washington.. corporation {collectively ``PLA"), and JLI'FERSON COUNTY, a political subdivision of the State of Washington (the "County"). This Amendment arx~ends and modifies that certain Port Ludlow Development Agreement dated May 1, 2000, between Pape Resources, Olympic Property Croup LLC, ~3lympic Resorts LLC, Olympic Water and Sewer, Inc., and Olyrrapic Real Estate IDevelopment LLC (collectively "Pape"~l and the County, which was recorded in the real property records of Jefferson County, Washington, under Auditor's File No. 43574, as amended by Corrected Amendment 1`~l0. l to L7eveloprnent Agreement dated and effective July 7, 20fl~, ~~vhich was recorded in the real property records afJefferson County, Washington., under Auditor's File l~la, 53f36~ {as amended, the "Agreement"}. I~LECITALS A. The Agreement is a development agreerr~ent under RCW 3b,7013.170 and Jefferson County Code (JCC~ 18.4+Q.$S0. Pape and the County made the Agreement effective May 8, 2000. PLA is the assignee and successor 'to Pape under the Agreement. I3, 'J`he Agreement governs the development of real property owned by PLA and. located in the approximately 1,200-acre Part I.audlow Master Planned Resort. {MPR), which is a master planned resort designated by Jefferson County in 193$ under the authority of RCW 35.70A.362. C. Adverse economic conditi~nsrn Jefferson County and throughout the rest of the nation and the world since 200$ have significantly reduced the demand far real estate, delaying the period of time between the commencement and completion of real estate development pra~ects. `These impacts are especially severe in resort communities like the Part. Ludlow MPR. The Washington 'State Legislature recognized this impact in 201 U, when it amended RC W 5$.17.140 to extend fhe generally applicable preliminary plat vesting period from Poe {S} to seven {7) years. As amended, RCW 5$.17.1.40 currently provides in part as follows: `°A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city,. tasvn, or county for approval within seven years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, fawn, or county from adapting by ordinance procedures which would allow extensions of time that rx-ay or may not contain additional ar altered conditions and requirements.''' D. PLA and the County desire to extend the vesting period for preliminary plat approvals relating to the PI,A Property, as authorized by RC''~" 36.708.170{3){i} (development standards set forth in developrr~ent agreements include ''`[a~ build-out or vesting period far applicable standards"). 2 L]'rl'T?~J2ib~v~ pDG53f~~3-Q(1{1~I6 E. The Agreement expires 1'viay 8, 2020. twenty X20} years after its effective date. The build-out of the PLA Property currently is expected to occur aver the next six (f} to twelve X12) years. PLA and the County desire to extend the term of the Agreement, as contemplated by Section 3.11 afthe Agreement {"the parties acknowledge that modifications to the proposed development will occur during the build-out period in order to achieve a variety of purposes," including responding to changing market needs), and as authorized by RC`V 3~.~~}1=3,170~3)(i}. F. This Amendment v,~as the subject of a ~ fteen t 15} day comment period, which ran from , 2.013, to , 2013. As required by RC'4~' 36.708.200, a public hearing was held before the Jefferson ~Coun~y Beard of County Commissioners on , 2(113. The ward of County Carr~missianers reviewed and tank official action adapting this Amendment by ordinancelresolution #~ on , 2013. NO'GV, THEREFORI~, in oonsid~ration of the mutual coa~onants, conditions, and agreements of the parties, it is agreed by and between the parties that the Agreement shall be amended and modified as follows: AG RF E 1VI>E~i'I' 1. >1)efined Terms.. "l'he following terms used in this Amendment shall have the follov~Fing meanings; "PLA Property" means the real property legally described on Exhibit A attached hereto, which comprises those portions of the Pope Property that are owned of record by PLA and located within the Part Ludlow h~1P~ as of the effective date of this Amendment. All references in the .agreement to "Pape Property" shall mean "PLA Property." 2, Preliminary Plat Vesting Period. Each preliminary plat approval relating to any. portion of the PLA Property, including without limitation the Preliminary Plat of` Olympic Terrace I3vision ll, Jefferson County File No. SLJ1305~00003, and the Preliminary Plat of Ludlo;~~ Cove I]ivisian II, Jefferson County Pile No. S~,T1307-00035, shall expire ten X10) years after the date of approval, subject to potential extensions as provided in the applicable subdivision regulations. A final plat rrmeeting all requirements of the applicable development standards shall be submitted to the Board of County Commissioners for approval within ten ~ l 0) years after the data of preliminary plat approval unless such periodrs extended as provided in the applicable subdivision regulations. 'I~his period of tune shall apply even iF it expires after the term of the Agreement. 3. ["er~m of Agreement. 7'he term of the Agreement shall be extended five ~5) years and shall expire ll~lay 5, 2€125. 4. Effect of Amendmment. This Amendment amends and modifies the Agreement and shall be effective as ofthe date ofamutual execution and delivery hereof, In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. Capitalized terms net otherwise defined herein shall Nava the meanings given them under the Agreement.. Except as contained within the Agreement and this Amendment, there are no other agreements ar understandings beriveen PLA and the County relating to the subject matter afthe Agreement and this Amendment. The Agreement is hereby confirmed and ratified. uw~~, z~~2~rvs~~-~ ~~o~s3~~a-~o~a~s [?~4'T 22F)?;FBv:~ [}f36536~-pQ[}G96 IN WIT1tT1~;~S~ WI IEREOF, the Parties hereto hale mutually have executed artd delir~~cred this Arnendrnent. APPI2~3V1~:I] AS '1'O FO1~M; I'rosec.uting Attorney Director I]epartrrient of Caffnrreur~ity DevelaPrn~ent JEFFER'~Ol~l COU"~1°fiY Jefferson C:ount};~ Board of County Commissioners I3y ~iy By I'(7R`1' LiJDLOW ASSOCIATES LLC, a Washington Ii~nited liability eo~nPany° BY _~ lts President OLYMPIC WA~I'~k AIti1D SEV~'EIt, INC. By.«- - Its President n~~=~ 7zs~a~s~=~ caa~s3~a-o~~€~9~ EXHIBITS: ~,, -- Legal Descrptian of PLA Property STATE C)F WASIIINC3TC)N ~ ss. C[)1.1`NTY fll` ~EI~'INl1ZSC)N } Clrr thin day of ,tat 3, before rrre, a Notary Public in and fcrr the State of Washingtarr, personally appeared _ ,personally known to rare (or proved to me on the basis of satisfactory evidence} to be the person who executed this irrstrurr~ent, on oath stated that he or she was authari~ed io execute the instrument, and acknov~°ladged it as the _ t~a~-t Ludlow Associates LLC:, to be the free and voluntary act and deed of said. lirnited liability corrapany far the u5cs and purpases rnentioried in the instrument. IAl WITNESS WHFItEC~~', l have hereunto set my hand and official seal the day and year first above ~~ritten. NC)TARY 1'H~LIC in and far the State af` Washington, residing at My appointment expires Print Marne STATE ~~ WASHII~IC~TC?N } ss. CC)UI~1TY C)I' .IEI~FEItSC)N } Can this day of , 2413, before rne, a Notary .Public in and far the State of ashirr~;ton, personally appeared ,personally known to me (qr proved to me on the basis cif satisfactory evidence} to be the person ~'ho executed this instrument, an oath stated that he or sire was authorized to execute the instrument, and acknowledged it as the _ of C)lyrrrpic Water and Sewer, inc.., to be the free and ~,raluntary cot and deed of said corporation for the uses anal purposes mentioned in the instr~.rment. IN W ITNESS W I-11wRPC)i~, 1 have hereunto set my hand and official seal the day and year first above r~•ritten. NC3TARY PUBLIC in and far the State of Wasiringtan, residing at 6 rr~,~~ ryzsb~c,x.~a ~css~~~~-oo-acai6 My appointment expires Print dame ST.R4TE aF WASHINGTC)N } } ss. CC7aJNTY C3Ii J~FI'EItS[~N ) tin this day of , 2tI12, before rrie, a 3~iotary Public in and for the State of Washington, personally appeared , . and ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons wha executed this instrurrient, on oath stated that they were authorized to execute the instrument, and acknowledgedut as the three members of the Jefferson County Board al County Commissioners to lie the free and voluntary act and deed of said Board, actin; in their official capacity representing, 3efferson Coixnty, Washington, far the uses and purposes mentioned in the instrument. IN '~'ITI~I~SS W I-IER~4P, I I,aave hereunto set my hand and official seal the day and year first above written. N[3T~1RY PtJk3I.iC in and for the State of Washington, residing at Ivly appointment expires Print ?Marne 7 L)W'"1' ~Z927b8n4 {?~}5536~t~QUU[~1 C ~xHir~r~r A Le~dl Descr~pta~o of PLA Prape~rty ~(Dvvned of Reeord ~y P1.1A a~~ Located w'ith~n the Part L~dlaw MPtt as of the Effect~rxe Date of this Aen~ment} ~~~r z~~2+~s~~~ ~U~s~~a-a~rrc~is AIVIENDl1~IENT N[). T TQ MEIVIf]RANTIUM QE Ul~1DERSTA~iDINQ REGARDING THE PRC3VISIQN QF SEWER SEIt`VICE WITHIN 'I"'HE SC3UNDAItIES QIi TI-IE PfJlt'I` LUDL(JW MASTER PLANNED ItESQRT TI11S AMENDMENT'~la. 1 TG MEM[]RANDL]1Vl CyF U-1•iDCRSTA':<~l]INCJ (this "Amendment"} is made this day of , 2013, lay flLYMP1C WATER AND SEWER, 11~C., a Washington corporation ("G'G~SI"), and 3EFI~ERS01~ CCji.~1vTY, a political subdivision of the State of Washington the "County"). This Amendment amends and modifies that certain "Memorandum ofUnderstandirig Regarding the Provision of Sewer Service Within the Boundaries of the Part Ludlow Master Planned Resort" dated C}ctober 4, 1999, between C)WSl and the County (the "M~QU"}. IZECI'I'ALS A. The Port Ludlow Development Agreement dated May 1, 2000, between Pope Resources, fJlympic Property Group LLC, (7lympic Resorts l.X1C, OWSI, and C]lympic Real Estate I7evelopxnent LLC (collectively "Pope"} and the County, which was recorded in the real property records of Jefferson County, Washington, under Auditor's l+ile 1~'0. 435974, as amended by Corrected Amendrr~ent No. 1 to Development Agreement dated and effective July 7, 20[38, which was recorded in the real property= records of .lefferson County, Washington, under Auditor's File l~lo. 536369 has amended, the "Development Agreement"}, governs the development of certain real property located in the approximately 1,200-acre Port Ludlow MPR, which is a master planned resort designated by .lefferson County in 1998 under the authority of I~CVI~' 36.70A.362, The MQ[~ and the Development Agreement both govern the development of real property within the Port Ludlow MPR. 1i3. ^W SI is wholly-owned by Port f.udlow• Associates LLC, a Washington limited liability company ~("PLA"}, which is the successor to Pape Resources, Glympic Property Group LLC, Glympic resorts LLC, and Olympic Real Estate Development LLC under the I]evelopment Agreement. PLA anal QWSI collectively are the successors to Pope under the Development Agreement. C. The M(JU will expire on Dctolaer 4, 2019. The Development Agreement will expire on May 8, 2[}20. D. PLA and ()WSl desire to extend the term and make other amendments to the L3eveloprnent Agreement, in the form of a proposed Amendment No. 2 to Port Ludlow Development Agreement (the "Development Agreement Amendment"). The County is willing D44'"i 20$4l2~7v3 f~Ub53~4-C)fl[)C~(]i to consider the I]evelopment Agreement Amendment if ~WSI will join the County in amending the 1VIC]U to extend its term to match the proposed extended' term of the 17evelopment Agreement. ~. ~W~l and the County desire to extend the term of the MOU as described. in this ~lmendrnent, NC~3 W, THIRI/F~ftE, in consideration of the mutual covenants, conditions, and agreements of the parties, it is agreed by and betv4=een the parties that the MC)1.I shall be amended and modified' as follows: AGII~EEMEN'~' 1. Exte~sian~ o~ T'ermc. The term of the M(JU shall expire and. terminate upon the expiration or terrrmination of the Development Agreement, as it may nov~~ or hereafter be extended. ~, Effect of Amendment. This Amendment amends and modifies the ]Vl[?U and shall be effective as of the date of rr~utual execution and delivery hereof. In the event of'any conflict hetw°een the lvl~3i9 and this Amendment, this Amez~drnent shall control. Capitalised terms not othertivise defined herein shall have the meanings given them under the MflU. l~xcept as contained within the 1ViC7l~, this Amendment, and the Development Agreement (as amended}, there are no other agreements or understandings between [~Wl and the County relating. to the subject matter of the MDU and this Amendment, 1"he h~i~ J is hereby confirmed and ratified. (1~~murnder of pale rntentiancxlly Ieft ~ilunlc.} L]44'T2t1$~3l~~7v! (30G53tr'~-{?UOf?{?V 11~"I°TI~9~S5 WI~ERE.~F, the parties hereto have m-~t~ally have executed and delivered this Amendrnent. ~I'PRfJV~D AS `f'C} l4DI~M: I'rosecutin~, t~ttorney ~irectc~r Department of Conrtunity Develapment 3 JEFFERSaN CC1[JIVT~' Jefferson County I:3t~ard of ~Gounty Commissioners By Sy >3y CJI.~YIvIPIC ~L''A`I'°~fZ E1,h1D SEV~jLI~., 1?~IC. B~ Its l'resicient sT~.TE a~ W A51IIfi1GTON ~ ss. CQUNT Y (~~" J~~r~'I~I~~~DN ) Qn this day of , 2I313, before me, a rotary Public in and for the Mate of Washington, personally appeared _ ,personally known to me for proved to me on the basis of satisfactory evidence} to be the person who executed. this instrument, on oath stated that he or she was authorised to execute the instrument, and acknowledged it as the of C3lympie Water and Sewer, Inc., to be the free and voluntary act and deed of said corporation fear the uses and purposes mentioned in the instrument.. IN WITNI~SS WH~FLIUF, l have hereunto set my hand and official seal the day and year first alcove written. NQTAR~G 1'IJI~I.IC in and for the State of Washington, residing at lv'Iy appointment expires Print. Marne S ~"ATF Oh WASI-111~QTQN } } ss. CC]1Jl'~IfiY fll` J1.IF1~lEI2SC3N ~ C)n this day of , 2(313, before me, a Notary Public in and for the Mate of Washington, personally appeared ,and ,personally knowvn to me {or proved to me on the bans of satisfactory evidence} to be the persons who executed this instrument, on oath stated that they were authorised to execute the instrument, and acknowledged it as the three mernbers of the Jefferson County Board of County Commissioners to be the free and voluntary act and deed of said Board, acting in their official capacity representing Jefferson County, Washington, fear the uses and purposes mentioned in the instrument. IN WITNESS VVf-I1~I2EQI°, I have hereunto set my hand and oflicial seal the day and year first abo~~e written. 4 ~~,~~~~ ~r~sf~oza~~ i ~c~~;s~~~-~aoaa~ ~IQ`I'ARY PUI3I.IC in and for the State of Washington, residing at My appointment expires Print Name [?4VT2f189E2~7~9 ~{)653G~9-U[~UOU9 JEFFER50N CC]UNTY NOTICE GP APPLIGATIUN & PUBL[C HEARING /~MENDIINEIVT T+t7 THE PC3RT LUI]LC3W DEVEL~JPI'~ENT AGREEMENT CASE NC?.s: ~C7N12-OOO~i1 - MLA1Z-00260 NOTICE I~ HEREBY GIVEN that a puk~lic hearing will be held by the JefFerson County ~Boardl of County Carnmissivners to review and take testimony far an application to amend the Pert Ludlow Development Agreement. APPLICANT: Pt~RT LU'D'LOW ASSQCIATES f3 ~3REAICER LANE PORT LWDLC}W, WA 98365 Application Received Date: December 3, 2[312 Application Complete Date: Decero~ber 31, 2[312 Applicativ~n GVotice Date: March 6, 21313 DE~CRIPTIflN: Proposed arnend~ment to the Port Ludlow Development Agreement (PLDA} to extend the expiration of the agreement an add~itianal five (5} years from May 8, 2(32a to May 8, 2.(325. Expiration extensions to the Memorandum of Understanding between C3lympic 'Water and Sewer Inc. and' preP~irninary plat approvals is also proposed. As a Legislative action, the Board of County Commissioners (BoCC} must make native to the public and schedule a public heaci~ng 'before making a fine[ decision. The BoCC may approve, approve with modifications, ar deny the proposed amendment after hearing public testimony. This is a Type C land use application under Section 16 of the Land Use Procedures prdinance under the Port Ludlow Development Agreement. CUMMENT PERI~QD AN'D'I~VHERE TC1 VIEVII D®CUMENTS: The application and any studies may be reviewed at the ,3effersan County Department of Community Development. All interested persons are invited to comment an the application during the required ten (1!9) day comment period and receive a copy v# the dec%sion by submitting such written camment~s}Irequest~s} to the .3efferson County Department of Cars~munity Development, Qevelapment Review Division, 621 Sheridan Street, Part Townsend,lNA 98368, X360} 379-4453. Comments concerning this application should be submitted to the Department by 4:30 P.rn. an Marclh 'I 8, 2013. All related documents can be viewed at ar requested from the ~leffersan County Department of Community Development, 621 Sheridan St. Port Townsend, WA 98368 {360} 379-4465. TYPE t3F HEARING: RCW 36.708.200 states,"A county or city shall only approve a development agreement by resolution after a public hearing. "This notice constitutes native to the .~efferson ~vunty ~4CC sha61 conduct a public !hearing vn this application regularly scheduled weekly eating. L+~~ATIQIIV ~F PU~~..IC 1-t~-4~~lVG: The public hearing wind be conducted on Monday, April 1, Za13 at the Board of Cvvnty Carnra~issioners Chambers located in the basement of the ,lefferson County Courthouse, 132a .iefferson St., 1'vrt Townsend, 11VA 98368. The hearing will begin at arm. Project 1='Kanner: Qavid Wayne Johnson (35g}379-465