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Home My WebLink AboutMLA19-00085 app infoREQUEST FOR CODE INTERPRETATION ERSON COUNTY DCD This request is being made by the Town Homes at Ludlow Bay Association to determine if short term transient rentals of the town homes in our community is a permitted use or not. Based on emails, letters and telephone calls with county staff, this is a confusing issue we would like to clarify. Please note the following: 1. On Oct 10,2018, Austin Watkins advised Mark and Suzanne Daymond that the county would not issue a vacation home rental permit for the rental of their town home. Specifically, he noted that the applicable Jefferson County Code, 18.20.210 does not apply to properties within the Port Ludlow MPR. He went on to note that the MPR code, Jefferson County Code 17.25.020 does permit certain transient rentals, but only for uses such as hotels and inns. 2. In a follow up email of April 8, 2019 Austin Watkins confirmed that a permit from DCD is required for short term transient rentals, such as Airbnb. Our attorney followed up for clarification and in a letter dated May 28, 2019, from Shannen Cartmel at DCD advised that transient rentals of a town home in the MPR-RC/CF zone are prohibited. 3. This was followed by a letter for Austin Watkins to Ms. Daymond suggesting that transient rentals are "likely" permitted in the MPR-RC/CF zone. However, he went on to note that transient rental permits and use is authorized under Title 18 of the Unified Development Code, and that in the Port Ludlow MPR Development Agreement only portions of Title 18 apply to the MPR. Transient rental use/permit (18.20.210) is not one of the sections that applies to the MPR code/development agreement. It is our position that Shannen Cartmell is correct, that transient rentals of town homes is not a permitted use in the MPR-RC/CF zone and we request a definitive code interpretation on this point. Looking at 17.25.020 the only transient type uses permitted are Hotels(inn) and associated uses. We understand it was the intent of the developer and the inn to control rentals in the resort core and thus the absence of a provision for other transient uses is consistent. It is illustrative that there have been rentals of town homes through the Inn. It is clear the developer/inn did not want competition from homeowners, but rather wanted to control all rentals. (I have confirmed this with one of the attorneys who worked with the developer on the MPR agreement) In contrast, in 17.65 Golf Resort (MPR -GR Zone) 17.65.020 Permitted uses notes that within the MPR -GR Zone include: (1) Residential uses including single-family and multi -family structures, condominiums, townhouses, apartments, lofts, villas and time-share and other fractionally owned accommodations, short term visitor accommodation units and short-term rental units with occupancies equal to or less than 30 days (emphasis added). So within the totality of the MPR agreement it is apparent that they were thoughtful and selective about where transient rentals were a permitted use and where they were not. As has been noted by Austin Watkins, 18.20.210 does not apply within the MPR (RC/CF) Zone. He also noted that certain selected provisions of Title 18 were included in Title 17. Clearly 18.20.210, which was not included, puts certain conditions and requirements on owners of transient housing that allow for county supervision and the appropriate collection of taxes and fees, "Transient accommodations must meet all local and state regulations, including those pertaining to business licenses and taxes" . The permit process also provides certain protections for neighboring properties, by requiring additional parking and that they be `operated in a way that will prevent unreasonable disturbances to area residents". Given that 18.20.210 does not apply within the MPR-(RC/CF) zone, none of these protections are available if private transient rentals are allowed in the resort core. For the above reasons we are requesting a code interpretation confirming that short term transient rentals, other than through the inn, are not a permitted use in the MPR -(RC -CF) Zone. Thanks you for your consideration. JEFFERSON COUNTY DCD JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 1 email: dcd@co.jefferson.wa.us 14 http://www.co-jefferson-wa-us/260/Community-Development May 28, 2019 P i 2019 Laurel Law Group, PLLC 1David Huhs 5806 19°'� Ave SE JEFFERSON! COUNTY D,CD 5806 1 Suite A #288 Bellevue, WA 98006 RE: Vacation home/rental permit for 30 Heron Rd, Port Ludlow, APN # 968600028 Dear Mr. Huhs: This letter is in response to your letter dated April 24, 2019 regarding a transient rental for 30 Heron Road. Transient Rentals in the Fort Ludlow Master Planned Resort (MPR) where zoning is MPR Resort Complex/Community Facilities Zone (MPR-RC/CF) are prohibited. If you require further information, please submit a request for a code interpretation per Jefferson County Code 18.40.360. The fee for a code interpretation in 2019 is: $716.10 ($658.00 fee + 5% tech fee + $24.00 scanning fee). Respectfully, Shannen Cartmel Assistant Planner CC: David Wayne Johnson, Associate Planner, Port Ludlow Lead Suzanne Daymond Ir 6I 1; 9 R JEFFERSON COUNTYDCC) fit PARIMEN T ()I,LI%'•1M17t1NITY OLVLLOPMLNT u•u 379 44Y) I ,•rr, ,.; li u.: rt'' „ r„v.l u•. httn r WNM .r• I,•Ilr • .li, H � .:�1 i :•::'i:lii:ly l;..v.•,.I..n�•i,t October 10 2018 Aterk Daymorttl SutYnne Deymorltl PO Box 980 Faa Clly WA 98024 Re Vacation home i rental permit application for iso heron Road, Port Ludlow WA i tax parcel If 98800028 Mr am Mrs Daymond jvIlw%oh County a DopannvAl at CCnxnuncy Uevotopn-kwt CDC O') rs in MOW of yrn lrDx u veoauon home 7 +r•r;11 pwf ri t Your prapawty !ti britad to ttea Prue LuRiow M%%!W PtsnnW Resort j aR ]wand n zonael p= MPR Resort '1•r. t Community VWJAkWe Zane ('MPf{-A=F'). JeffarlWn Cmin y s DCI3 does r" I*Ouel vacation home I rental t+rrmrts tar p(openigs I.ormb d wllhtn the Port Ludlryw MPR; as Jellersarl County Cotta 18 20.210 does e01 apply to P+opoibas vAhln the Pan Ludlow MPH Jefferson County Godo l7 08 040 However your toning ciasillfk* on of MPH-FtMCF pernnt& conairt trantuont taMlsls, such as halals find lnnr Jeffertwn Courtly Code 17 25.020. II yov vmu)d We vmtten =ifrcowi hom Joff6rnol1 f'non1Y s DC iagie dIno your propa&ero live'& conialsillmy witn the Jefforcm County Coda! MPn-RCrCF ronir' l ' 1 - :Ilton, plentift submit n Written fogw111 Cor a coda Imulpecot n. per Jellarnan County Code 1a 60 YM Tr . too fora coda lhtarpletation is $6 D9 20 (VW A. vlu-A A 5% fdGnrrolOQy lee, and a $23 scatwn8lee] At this time. Jefferson County's OGD it. iw.ible to issue lfte rnquat;led permit for o vacation rental The rhao, application• and a copy a1 thts letter I'M; ht•t returned to Vacesa If you would like to diapna tf11a matter further please Contact me or of 360'379- 4486. Respectfully. �t3nning Manage�Alfa Cc mvrdWayne lohnim, Associalt; Piannor, Fort LUTADW Lead ON �i ENT OF COMMUNITY DEVELOPMENT � o [; 621 , i S t +t, Port Townsend, WA 98368 ally 2 f) c 360.3 Fax: 360.379.4451 1iJ'S[S L► 1.k.S "UIIIITSlll7il 'L1CV[ �U 7ti]elat E-mail: jCdUWC0JeffCrs(717.►Vfl.Q CFERSON COUNTY ®Cp M Lac 0008,6 >v PERMIT APPLICATION 000 Steps in the Permit Process: $Gq I�Z3 7l4 • °^-c -Review application checklist to ensure all information is completed prior to submitting application. -Make sure septic has been applied for and water availability has been proven. -Make an appointment to meet with the Permit Technician by calling 360-379-4450. -This is not a standalone application; it must be accompanied by a project specific supplemental application. -Fees will be collected at intake. Additional fees may apply after review and payment is required before permit is issued. For Department Use Only Building Permit # Related Application #s: MLA # Ml,p 144 _ o 0o y 5 Site Information Assessor Tax Parcel Number: vo Site Address and/or Directions to Property: 4 a - 5 U tf� 4,) v Access (name of street(s)) from which access will be gained: Present use of property:/I?c� Otlg 1f::_a' Description of Work (include proposed uses): 6d0 y Wastewater - Sewage Disposal This property is served by Port Townsend or Port Ludlow sewer system? YES NO If not served by sewer identified above, identify type of septic system below: Type of Sewage System Serving Property: Septic Septic Permit #: Community Septic Name of System: Case #: Are other residences connected to the septic system? Additions or repairs to sewage system: Is it a complete or partial system installation: Complete Partial Has a reserve drainfield been designated? Yes No Date of Last Operations & Maintenance check: Attach last report to application Describe or attach any drainfield easements, covenants or notices on title, which may impact the property: The authorized agent/representative is the primary contact for all project -related questions and correspondence. The County will mail / e-mail requests and information about the application to the authorized agent/representative and will copy (cc) the owner noted below. The authorized agent/representative is responsible for communicating the information to all parties involved with the application. it is the responsibility of the authorized agent/representative and owner to ensure their mailbox accepts County email (i.e., County email is not blocked or sent to "junk mail") Applicant/Property Owner Information Property Owner: ,441Iqua , Name: T�� Address: Phone #: E-mail Address: Please contact Authorized Ag t/Representative with project info. (select only one). Property Owner Signature . Date: Note: For projects with multiple owner,, attach a separate Sh with each owner(s) information and signatures. Applicant: Authorized Agent/Representative (if otherthan owner) Name: MiC� I Address: 2 Z , L A�_� .� Phone #: 2p �, 5 3 p� E-mail Address: r L f 0 r v� Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License # Address: Phone #: E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License # Address: Phone M E-mail Address: Professional: Is this an Authorized Agent/Representative for this project? NO YES Engineer Architect Surveyor Contractor Consultant Name: License # Address: Phone M E-mail Address: By signing this application form, the owner/agent attests that the information provided herein, and in any attachments, is true and correct to the best of his or her knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in making any issued permit null and void. I further agree to that all activities 1 intend to undertake or complete associated with this permit will be performed in compliance with all applicable federal, state and county laws and regulations and I agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of application review and any required later inspections. Applicant may request noti"Content enter upon the property for visits related to this application and subsequent permi rss nce. I E,j �, � Z - g c� Si nature: Print Name: �i., ��-t Dater f