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A Pope Resources Campan)'
COVER SHEET
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TO:
Josh Peters
COMPANY:
JCDCD
SUBJECT:
Marina Expansion
DATE:
November 7, 2000
COMMENTS
Mr. Peters:
Enclosed please find a copy of a letter that recently went to Mr. Grant Colby regarding the marina
expansion. This has been provided to you for your information. If you have any questions, please
contact Jon Rose at 360-697-6626 ext. 527.
Thank you.
From the desk of ...
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Sue Schroader
Project Administrator
P.O. Box 1780
Poulsbo, WA 98370
sues@orminc.com
(360)-697-6626 ext. 549
Fax: (360)-697-1156
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A Pope Resources Company
November 6, 2000
Grant Colby
PBM #56
2442 NW Market Street
Seattle, W A 98107-4137
Re: Port Ludlow Marina Expansion
Dear Mr. Colby:
You and other neighbors have expressed concern regarding the expansion o( our Port
Ludlow Marina. Further, there has been some confusion regarding the issue of spacing
between your docks and the docks in the proposed slip expansion. Part of the confusion
seems to extend from changes between the initial site plan we circulated and the latest
site plan.
Initial Site Plan. 4/5/00- Exhibit A
The initial site plan prepared by our consultants was based upon then current information,
and was completed prior to performing a mapping survey. The purpose of the site plan
was to generate comments and discussion from the community and public review
agenCIes.
While preparing the plan, our consultants turned to the U.S. Army Corps of Engineers ..
and Jefferson County permits that authorized construction of your docks. Those permits
and their supporting documentation depicts a 440- foot dimension separating your docks
and ours (see the Hearing Examiner's report and your site plan, Exhibits Band C
respectively).
Latest Site Plan. 7/25/00. - Exhibit D
After subjecting the plan to community input and performing field mapping, our
consultants found the distance separating our respective docks was only 277 feet. For
that reason, the design was reconfigured to allow a greater separation between the.docks.
I have indicated the former dock location on the enclosed site plan of 4/5/00. Hopefully,
this will help to explain some of the changes between the two designs.
LOG ITEM Page z... OfS
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19245 Tenth Avenue Northeast, P,O, Box 1780, Poulsbo, Washington 98370-0239
(360) 697-6626, Seattle: (206) 292-0517, Fax: (360) 697-1156
....
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Marina Expansion - Public Disclosure
A number of the neighbor comments indicated surprise and concern that the marina was
going through an expansion. Most of their concern centers on impacts to their view. For
your information and others, our company has been contemplating the expansion for
approximately 10 years. In fact, the expansion was reviewed by Jefferson County and
numerous permitting agencies during the approval of the 1993 Programmatic EIS (see
Exhibit E). This included many meetings, public input, media coverage, and public
notices.
Later, during the Port Ludlow Planning Forum (between 1996 and 1999), there was
continued discussion and public dialogue regarding all of our development plans in the
area, including the marina.
Grant, I hope this letter clarifies some of the confusion regarding our long term plans to
expand the marina, and the differences between the two site plans. During our years at
Port Ludlow, we have worked diligently to be responsible and constructive neighbors...
(In fact, we even wrote letters supporting your project, see Exhibits F andG). '
That being said, we still believe the concern expressed by you and your neighbors is
understandable. We will keep them in mind as we continue working on our project. As
I've stated before, I am willing to meet with you or discuss the project any time you so
desire.
Sincerely,
n Rose, P .E.
Vice President Property Development
Olympic Property Group
C: Josh Peters, Jefferson County Department of Community Development
Jack Gosset, U.S. Army Corps of Engineers
James Treadway
Bill Funke
D.A. Routt ,
Shannon Kinsella, Reid Middleton Assoc.
Nicole Faghin, Reid Middleton Assoc.
Greg McCArry, OPG
Tom Griffin, OPG
LOG 'ITEM ? fa
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728 134th Street SW ' Suite 200
Everett, Washington 98204
Ph: 425 741-3800
PORT LUDLOW MARINA EXPANSION
ALTERNATE NO. 1
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OFFICE OF THE HEARING EXAMINER FOR JEFFERSON COUNTY
RE: Shoreline Substantial )
Development Permit [Secondary Use] )
application by Louis Scott for a )
pier, ramp and a four-slip dock )
for private, joint use, extending )
out 195 feet to the 8.5 foot mean )
low water mark in Port Ludlow Bay.)
)
)
File No. SDP97-0003
ill
n.. ~ b !997
~&~Org~r
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JEFFERSO COUNTl'
PERMIT ENTER
FINDINGS, CONCLUSIONS,
AND DECISION
FINDINGS OF FACT
BACKGROUND INFORMATION
Proposal: Construct a pier, ramp and a four-slip dock for private,
joint use by the owners of the adjoining uplands. The structure will
extend out 195 feet to the 8.5 foot mean low water mark in Port
Ludlow Bay. The facilities include a 120 foot pier placed on top of
a 30 foot high bluff, a 4 foot by 44 foot long wooden ramp, and a
dock covering a water area of 66 feet by 96 feet.
Applicant: Louis Scott
PO Box 65079, Port Ludlow, WA 98365
Property Location:
The property is located at 9071 Oak Bay Road.
Legal Description:
The upland portion of the project site is
described as Lot 1 of the Scott Short Plat located within section 16,
Township 28 North, Range 1 West, WM. The Jefferson County Assessors
tax parcel number is 821 162 010.
Shoreline Designation:
The waters of Port Ludlow Bay are
designated Aquatic and are further identified as Shorelines of
Statewide Significance. The uplands portions of the site are
designated Urban.
Louis Scott Shoreline Permit
SDP97-0004
Findings. Conclusions
page (;,i!1-and Decision
Page 1
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1 Zoning:
The Jefferson County Growth strategies Ordinance
2 classifies the site and surrounding Port Ludlow area as Planned Rural
3 Community, one residence per three acres.
4 Property Description:
The proposed dock site is located on a
5 vacant parcel created by the applicant as part of a three lot short
6 plat recorded in September of 1994. The subject parcel is a
7 rectangular shaped lot of approximately 8,900 square feet. The
8 property slopes moderately to steeply away from Oak Bay Road and
9 Scott Court at approximately 13 degrees. This slope terminates at an
10 approximately 30 foot high bluff which is nearly vertical for
11 approximately the lower 20 feet. This bank is designated as unstable
12 in the Coastal Zone Atlas. A primitive trail winds down from the
13 bluff to a wooden staircase that allows beach access.
14 The intertidal and shallow subtidal areas of the site is
15 characterized by a very gentle grade. The line of mean lower water
16 is approximately 100 feet out from the ordinary high water mark. The
17 substrate is composed of silt, sand, gravel, and small cobbles.
18 A benthic survey of the site was conducted by Applied Environmental
19 Services, Inc. (AES) on August 27, 1994 as part of the previous
20 Shoreline Substantial Development application. This survey
21 documented the existense of attached marine vegetation including
22 ulva, gracilaria, laminaria, and fucus and hardshell clams, crab, and
23 flat fish.
24 Surrounding Conditions:
The nearest boat slips in the Port Ludlow
25 Marina are approximately 440 feet easterly of the proposed slips.
26 The Port Ludlow Marina extends about 1,700 feet into Port Ludlow Bay.
27 The nearest residence on the north side of Oak Bay Road is the Evelyn
28 Wootton residence, which is about 1,200 feet from the end of the
29 proposed dock.
LOG ITEM
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N uBndings. Conclusions
~ and Decision
Page .lZ.-Of1L
Louis Scott Shoreline Permit
SDP97-0004
Page 2
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2 PROCEDURAL INFORMATION
3 Applicable Jefferson County Ordinances:
4 State Environmental Policy Act [SEPAl
5 Shoreline Management Master Program for Jefferson County and
6 Port Townsend, adopted September 19, 1988, as amended.
7 Jefferson County Interim Critical Areas, Ord. No. 05-0509-94
8 Jefferson County Optional Consolidated Permit Review Process,
9 Ord. No. 08-0408-96.
10 Date of Completed Application: March 20, 1997
11 Hearing Date:
July 15, 1997.
12 Site Visit:
July 15, 1997.
13 SEPA:A Final Mitigated Determination of NonSignificance [MDNS] was
14 issued May 28, 1997. The appeal period ended June 7, 1997. No
15 appeal was filed.
16 Notices:
Mailed:
June 17, 1997
17
Posted:
July 1, 1997
18
Publication:
July 2, 1997 (Port Townsend-
19 Jefferson County Leader) .
20 TESTIMONY:
21 The public hearing was opened on July 15, 1997 at 1:05 p.m. in the
22 Courthouse Lower Level Conference Room. After the procedures for the
23 public hearing were explained, testimony was accepted. All testimony
24 was taken under oath. A verbatim recording of the public hearing was
25 made and is maintained in the Jefferson Permit Center file.
26 John McDonah, consultant to the Department, presented the staff
27 report and gave testimony regarding the application and record. The
28 Staff Report contained Attachements A through Q. Attachment Q is the
29 Case Log identifying 71 items in the Department file. Mr. McDonah
Louis Scott Shoreline Permit
SDP97-0004
Page 3
~ Findings. Conclusions
n and Decision
Page hofa
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1 submitted a report by GeoResources dated June 22, 1997, but received
2 the day of public hearing.
3 Wendell stroud, President of Marine Floats, testified as the
4 representative of the Applicant. Mr. Stroud testified that he had
5 reviewed the Staff Report and its recommended conditions and found
6 all acceptable. Mr. Stroud presented three display boards containing
7 color photographs illustrating the site and surroundings, and one
8 scale model of the site, proposed building and proposed pier, ramp
9 and dock system. The model was not entered as an exhibit; however,
10 Exhibit 6 was reserved for photographs to be taken of the model by
11 the staff or Mr. Stroud.
12 Mr. Stroud described the space between the proposed dock and the
13 closest slips within the Port Ludlow Marina. Mr. Stroud argued that
14 the space was sufficient for craft entering the marina. He also
15 testified that the marina was full for slips- of the size the
16 Applicant is proposing.
17 With regard to the Staff recommended conditions, Mr. Stroud testified
18 that he had reviewed the conditions and concurred. He noted with
19 regard to Condition 2 that "live aboards" will not be permitted.
20 Evelyn Wooten,' a neighbor directly across Oak Bay Road, testified in
21 opposition to the application. Ms. Wooten argued that the reduction
22 from 200 feet to 195 feet (distance from mean low water mark) made no
23 difference. Ms. Wooten was referring to a previous application for a
24 200 foot facility that required a variance from the 60 foot limit.
25 Ms. Wooten argued that her main objection was the impact on her view.
26 When the Applicant placed a buoy to mark the proposed dock, it
27 appeared from her windows and deck that it extended half way across
28 the bay.
29
Louis Scott Shoreline Permit
SDP97-0004
Page 4
Findings,~nclusions
LOG ITEM Page ~of~ Decision
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1 Wendell Stroud, in rebuttal testimony, noted that the Shoreline
2 Management Master Program was amended for joint use docks to allow
3 extension to 195 feet. Mr. Stroud argued that the greater distance
4 was to give an incentive to joint use docks; thereby reducing the
5 number of docks.
6 There being no other parties to testify, the public hearing was
7 closed at 1:45 pm.
8 EXHIBITS:
9 Exhibit 1: Staff Report dated July 10, 1997, together with Attachments A
10
through Q.
~1 Exhibit 2: Geotechnical Report prepared by GeoResources, dated June 22, 1997
12 Exhibit 3: Photo Display Panel
:3 Exhibit 4: Photo Display Panel
14 Exhibit 5: Photo Display Panel
15 Exhibit 6: Photos of Display Scale Model
16 Exhibit 7: Guest List (sign up sheet) for Public Hearing.
: 7 FINDINGS:
18 1.
The Staff Report contains a detailed analysis of the proposed
19 shoreline substantial development permit application's compliance
20 with applicable policies and regulations. The Hearing Examiner has
21 reviewed the Staff Report, viewed the property in the field,
22 conducted a public hearing, and now adopts the Staff Findings and
23 Conclusions 1 through 11 at pages 4 through 12 as his own Findings,
24 except as may be specifically corrected below.
25 2.
As noted under Surrounding Conditions above, the nearest boat
26 slips in the Port Ludlow Marina are approximately 440 feet easterly
27 of the proposed slips. The Port Ludlow Marina extends about 1,700
28 feet into Port Ludlow Bay. The nearest residence on the north side
29
LOG ITEM
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.B1\.<ilLngs, Conclusions
'6~ ~nR Decision
Page -f-Lof...Lb...
Louis Scott Shoreline Permit
SDP97-0004
Page 5
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1 of Oak Bay Road is the Evelyn Wootton residence, which is about 1,200
2 feet from the end of the proposed dock.
3 3.
The Evelyn Wootton residence at 141 Drew Lane (Lot 24, Area 5,
4 Port Ludlow # 1) overlooks the subject project and has a view of Port
5 Ludlow Bay. Ms. Wootton testified that the buoy placed to show the
6 extent of the proposed dock at 200 feet appeared from her residence
7 to be half way across the Bay. While the Bay is generally about
8 3,000 feet across, Ms. Wootton's house and the proposed dock may be
9 in line with the end of Port Ludlow Point, a small peninsula
10 extending into the Bay from the opposite shore. That reduced
11 distance is about 1,600 to 1,700 feet across. The proposed dock
12 would occupy nearly one-eighth the distance; however, viewi~g from
13 the Wootton residence would appear greater due to the perspective.
14 4.
Staff had recommended during the SEPA review that a geotechnical
15 report be prepared due to the Unstable designation of the site as
16 shown on the Shoreline Atlas. That report by Bradley P. Biggerstaff,
17 Engineering Geologist, was submitted at the public hearing [see
18 Exhibit 2]. Mr. Biggerstaff observed surficial sloughing a~d
19 erosion, but found no evidence of deep-seated movement. He concluded
20 that the Unstable designation is related to the steepness of the
21 shoreline bluff slope. Mr. Biggerstaff concluded that the proposed
22 development and pier will not have an adverse impact on slope
23 stability or erosion at the site provided recommended conditions are
24 followed.
25 5.
A shoreline permit application for a 200 foot pier was submitted
26 in 1994 and could not be approved. Amendments were later made to the
27 Shoreline Management Master Program to encourage joint use whereby
28 the maximum allowable pier length was changed from 60 feet ~o a
29 maximum of 195 feet.
LOGfTEM
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rJ;ings. Conclusions
al1~ Decision
Page ()of~
louis Scott Shoreline Permit
SDP97-0004
Page 6
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1 CONCLUSIONS OF LAW
2 1.
The Staff Comments contain both findings and conclusions in
3 analyzing the project's compliance with applicable policies and
4 criteria. Each of those Comments for items 1 through 11 at pages 4
5 through 12 are correct. Those policies will be met by the proposed
6 Substantial Development Permit as designed and conditioned.
7 2.
View is a consideration under the Shoreline Management Act.
8 View issues can be categorized as "view obstruction" "panoramic or
9 outstanding views" and "view esthetics". For instance, the
10 Shorelines Hearing Board held: "There is a fundamental interest
11 under the master program and policies of the Shorel~ne Management Act
12 to prevent encroachment of the shoreline with structures and
13 obstruction of views." 1
In this application, the issue is not view
14 obstruction - but rather view esthetics since the project would place
15 a pier and dock within the view. The view would change from a
16 somewhat natural setting (recognizing that the Wootton's view also
17 contains the Port Ludlow Marina on the left or east). The Shorelines
18 Hearings Board considered a similar appeal regarding a view onto
19 Griffin Bay: "The view to Griffin Bay afforded waterfront properties
20 close to the site is now of a largely natural looking setting. From
21 the DeMuth's, the dock would intrude into a part of this view. We are
22 unable to find, however, that the project as proposed would represent
23 an aesthetic affront or significantly compromise the quality of the
24
shoreline envi ronmen t." 2
The conclusion here regarding view is
25 similar in that the visual impacts of the project are not a
2E substantial degradation of the existing character of the area.
27
28
1 John and Barbara Stevens v. State of Washington, Department of Ecology,
Final Findings of Fact, SHB NO. 94-15.
2
DeMuth v. San Juan County, SHB No. 89-63 (1990).
29
Louis Scott Shoreline Permit
SDP97-0004
Page 7
LOG ITEM
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Findings. Conclusions
Page f1 t::':JJlecision
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1 RECOMMENDATION
2 The Shoreline Substantial Development Permit application as requested
3 by Louis Scott for a 195 foot pier, ramp, and four-slip dock for
4 private, joint use by the owners of the adjoining property is hereby
5 APPROVED, subject to the following conditions:
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1.
Prior to submittal of a building permit, the mitigation measures
outlined in the Final Threshold Determination dated May 29, 1997 shall
be performed and submitted to the Jefferson County Permit Center for
review. The results and recommendations of the required geotechnical
report and landscape architect, upon review and acceptance by the Permi
Center staff, shall constitute additional conditions of approval for th
facility.
Boats that are occupied shall not be permitted to moor at the facility
longer than three (3) days unless pump-out facilities are available in
the immediate vicinity.
The design, location, and construction of the facility as well as their
subsequent use shall avoid adverse effects on fish, shellfish, wildlife,
marin~ vegetation, water quality, and geohydraulic processes.
Construction methods shall minimize the use of materials hazardous to
the environment.
All lumber and other materials treated with preservative shall be
sufficiently cured to minimize leaching into the water or shore bed, in
accordance with the Best Management Practices approved by the Washingto
Department of Fisheries and Wildlife. The use of other suitable
materials, such as stell or high strength plastic, is encouraged.
The facility shall be designed and constructed to minimize hazards to
users and to be capable of withstanding the historic extremes of wind,
wave, and tides at their location.
Railings, if provided, shall be of clear or open framework design and
conform to the Uniform Building Code where required.
Utility service on the facility shall be placed on or under the deck.
Overhead utility service is prohibited. Lighting shall be shielded to
prevent unnecessary glare off-site and to minimize hazards to
navigation.
The applicant shall have prepared a mutually acceptable and legally
enforceable joint use agreement that shall address, at minimum the
following: (1) apportionment of construction and maintenance expenses,
(2) easements and liability agreements, and (3) use restrictions. Prio
to construction, the applicant shall provide this agreement for review
and approval by the Jefferson County Permit Center by the Jefferson
County Prosecuting Attorney.
The facility shall be marked as necessary to avoid hazardous conditions
for water surface users as specified by the U.S. Coast Guard.
The total length of the facility shall not exceed 195 feet in length.
The dock portion of the facility shall not extend more than three feet
in height above the water nor exceed eight feet in width.
Total individual float area shall not exceed 160 square feet in size.
2.
3.
4.
5.
6.
louis Scott Shoreline Permit
SDP97-D004
Page 8
Findings, Conclusions
fA . 4-.d Decision
Page ~OI!.,12:.:::.
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13. The facility shall be set back a minimun of 10 feet from the adjoining
property lines, unless closer placement is mutually agreed to by
contract or covenant with the adjoining property owner. A copy of this
contract or covenant must be filed with the County Auditor's Office and
submitted with the building permit application.
Department of Public Works:
14. The applicant shall submit plans for construction of the facilities and
any land disturbing activities to the Department of Public Works for
review and approval in accordance with the Department's review schedule.
Based on the submitted plans, additional drainage plan preparation may
be necessary.
15. The proponent shall notify the Department of Public Works during various
phases of construction in accordance with the Department's inspection
schedule. Typically the following inspections are required:
A. Installation of temporary erosion and sediment control measures.
B. Clearing and pier subgrade preparation.
C. Construction of stormwater management facilities.
D. Final inspection.
Additional inspections may be necessary based on site specific
conditions or the nature of the project.
16. The applicant shall obtain Hydraulic Permit Approval (HPA) from the
Washington State Department of Fisheries and Wildlife prior to
construction.
RECOMMENDED this 29th day of July, 1997.
\~
Irv Berteig
Jefferson County Hearing Examiner
19
20 NOTICE:
21 A copy or notice of this Decision and Appeal Instructions was
22 transmitted by the Jefferson County Permit Center to the following:
23
24
Date Transmitted: 7,3/,.&;7
9-
25
Wendell Stroud, Marine Floats, PO Box 336, Tacoma, WA 98401
Phyllis Scott, PO Box 65079, Port Ludlow, WA 98365
Suzi Hutchison, 1696 La Jolla Dr., Thousand Oaks, CA 91362
Evelyn H. Wootton, 141 Drew Lane, Port Ludlow, WA 98365.
louis Scott Shoreline Permit
SDP97-D004
Findings, Conclusions
LOG ITEM ~and Decision
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Source: Pope Ae.ource., 1992
PORT LUDLOW BAY
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I~ ~ ~ ~ ~ ~ ~ ~ ~ ~I DEVELOPED PER 1987 PLAN
II~~~I~~I~~~~~~~~~~~I PROPOSED DEVELOPMENT AREAS
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Port Ludlow
Figure 3
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Pope Resources
A UfTitlld PartMrship
EXHIBIT E
781 Walker Way
Port Ludlow, Washington 98365
(206) 437-2101
FAX (206) 437-2522
August 23, 1994
Mr. Lou Scott
P.O. Box 65079
Port 11lo1ow, \VA 98365
Dear Mr. Scott:
As requested I have reviewed your proposal for a dock which contains 6 long slips. As
owners of the Port Ludlow Marina, Pope Resources would naturally be concerned over
increased competition; however, our larger slips are full and have waiting lists; thus, I don't
feel your project will conflict with ours. In fact, your project is so unique and well planned,
I believe it will enhance the area. I fully support your proposal.
Sinc~
Joe Michelsen
Vice President of Development
JM:pam
LOG !TEM
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EXIIIBl.LG
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--................
IIYiI
September 1, 1994
40 Teal Lake Road
Port Ludlow. Washington 98365
(206) 437-9434
1-800-872-1323
Mr. Lou Scott
200 Montgomery
P.O. Box 65079
Port Ludlow, W A 98365
Good morning Mr. Scott:
I understand that you will be requesting approval to install a dock with six large boat slips
before the County shoreline hearing. As manager of an office which annually meets with
approximately 3000 people considering moving to Port Ludlow, I can assure you and the
County that there is a significant number of these people who would like to build a home
on property with direct access to a dock.
LOG ITEM
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LOG iTEM ~
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