Loading...
HomeMy WebLinkAboutLog066 November 21, 2003 Mr. Al Scalf, Director Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, W A 98368 LOG ITEjVi # t' !, (DW Page ~ ofJ- REF: PORT LUDLOW 2003 RESORT PLAN - PLAT ALTERATION Dear AI; The purpose of this letter is to respond to your November 3,2003 E-mail to Ms. Lyn Keenan of Reid Middleton regarding how Port Ludlow Associates (PLA) will meet the requirements of Section 3.903 of the MPR Regulations, and the larger question of consistency between the approved subdivision of Ludlow Bay Village and the proposed 2003 Port Ludlow Resort Plan. PLA is required to obtain several approvals/permits from Jefferson County to move forward with the 2003 Resort Plan. These include approval of a change to the Resort Plan, a Substantial Shoreline Development Permit (SSDP), Final Plat for Admiralty III, Building Permits and utility and site infrastructure alteration permits to the recorded Plat of Ludlow Bay Village. A Plat Alteration has been anticipated by both the Owner and Jefferson County since adoption of the 1999 Development Agreement and MPR Regulations. Both the Development Agreement and MPR regulations clearly address this Issue. As you are well aware, the history of land-use planning for Port Ludlow is lengthy and complex. We have attempted to summarize the planning and permit history related to the recorded Plat of Ludlow Bay Village, as follows: Over-view. Development within the area eventually designated to be platted and recorded as "Ludlow Bay Village" began in the late 1960's with construction ofthe Harbor Master Restaurant and the adjacent Marina. The current discussion regarding Ludlow Bay Village (LBV) stems from planning and regulatory actions beginning in the late 1980's and early 1990's, and continuing until 1999. 1991 - 1993/Planning and EIS's In the late 1980's, Pope Resources undertook an internal planning process for Port Ludlow as a whole. One result of this process was submission ofthe Preliminary Plat of Ludlow Bay Village to Jefferson County for approval in 1991. 70 BREAKER LANE PORT LUDLOW, WA 98365 (360)437-2101. FAX(360)437-2522 WWW.PORTLUDLOWASSOCIATES.COM 1 Additional requests for other project approvals within Port Ludlow were also filed at this time. After public comments and discussions with Jefferson County, the County determined that the cumulative impacts of all the proposed Port Ludlow developments should be addressed. As a result, two environmental impact statements (EISs) were prepared - one at a Programmatic-level to analyze the impacts of the Over-all Development Plan (i.e., for Port Ludlow as a whole), and one at a Project-level to address development within LBV. In the Programmatic EIS, the Overall Development Plan identified the 18-acre area, which later became LBV as "Development Area 48". Development Area 48 was proposed to include 72 new residential units, along with new retail space, a 36-room Inn, expansion of the marina by 100 slips, development of recreational trails, permanent open space, and supporting infrastructure including roads and utilities. Development Area "50", the area now known as Admiralty III, was proposed to contain 50 new residential units. These units were in addition to the 64 units already constructed in Admiralty I and II. The second, being the Project-level EIS, prepared in 1993, addressed the specific development proposal within what was to become LBV. Specifically, the proposed development included construction of a 36 room Inn, 72 residential units (23 single- family, 49 multi-family), 2,500 square feet of commercial space, renovated marina support facilities, expansion of the existing man-made pond, parking, landscaping, shoreline public access, installation of rip-rap, and replacement of underground fuel tanks with above-ground tanks. It appears there was no over-all "Plan" approval at this point - rather, individual projects were subsequently submitted to the County for individual subdivision approvals, building permits, shoreline permits, etc. 1993 Pope Resources Shoreline Permit Pope Resources then submitted a request for approval of a Substantial Shoreline Development Permit for development within the LBV area. Jefferson County and the W A State Department of Ecology approved a Shoreline Primary, Secondary and Conditional Use Permit for the 17.5-acre area, to be known as Ludlow Bay Village and to allow construction of a residential, commercial, and recreational development consisting of the following: . A 36-room hotel (Heron Beach Inn) . Five detached single-family residences · 53 attached multi-family residences in 14 multi-unit structures . Roadways and 367 parking spaces · Utilities, including water, electrical power, and sanitary sewer · 500 cubic yards of rip-rap shore defense works 2 . Marina modifications . Landscaping and recreational amenities · Approximately 45,000 cubic yards of excavation, grading and filling including 25,000 cubic yards for pond expansion . Directional and informational signs . Outdoor Lighting, and . 10.5 acres of undeveloped open space. The SSDP was approved by Jefferson County on May 11, 1993 (Permit #SDP91-017 and by the State Department of Ecology on June 14, 1993 (Permit #1993-14647). The shoreline permit was similar to, but not identical to the proposal described in the 1993 project-level EIS. 1994/Plat of Ludlow Bay Village The plat of Ludlow Bay Village (LBV), a commercial and residential mixed-use subdivision, was recorded on June 6, 1994. The associated Master Declaration of Covenants and Amendment are dated May 25, 1994 and April 25, 1995, respectively. The final plat ofLBV recorded in 1994 was consistent with the 1993 shoreline permit and provided for 53 town home units, five single-family units, the expanded pond, the Inn, the existing Harbor Master Restaurant, and roadway and infrastructure improvements (but not the Town Hall or retail space described in the 1993 EIS). 1990 - 1999/The GMA and Approval of MPR Development Agreement Although the GMA was originally enacted in 1990, achieving consistency among the GMA and the Jefferson County Comprehensive Plan and Development Regulations especially with regard to Port Ludlow, required several years of effort. The revised Jefferson County Comprehensive Plan was adopted in August of 1998. The Port Ludlow issue was not fully resolved until completion of the Port Ludlow Planning Forum and resulting Development Agreement. To achieve consistency with the GMA, Jefferson County designated Port Ludlow as a "Master Planned Resort" as defined in RCW 36.70A.362. The subsequent Development Agreement entered into by the County and Pope Resources set forth the requirements for future development within the MPR. This Development Agreement fundamentally changed the Port Ludlow planning and permitting process. The Development Agreement, and the associated MPR regulations (Ordinance No. 08- 1004-99) established seven "zones" within the MPR, one of which is "Resort Complex/Community Facilities - MPR-RC/CF" zone. The RC/CF zone encompasses properties along the east side of Oak Bay Road, extending from the existing conference center on the north, to the marina, on the south. 3 The RC/CF zone includes the plats of Ludlow Bay Village, Admiralty I and II, and the proposed plat of Admiralty III into "the Resort" zone. The proposed Port Ludlow "Resort" development approved through this process was not consistent with the existing plat ofLBV, and this fact was recognized and addressed in applicable documents. Section 3.4010fthe MPR regulations states the purpose of the RC/CF zone, recognizing the recreational nature of the resort as well as supporting existing residential uses. Sections 3.402 and 3.901 of the MPR regulations identify allowed uses within this zone. Multi-family uses within the RC/CF zone are one ofthe allowed uses, not to exceed 10 units/acre. In 1999, the Resort was seen to become a destination resort for large conferences. From the MPR regulations and 1999 project graphics, it can be seen that the LBV area was proposed to contain a new amphitheater with parking below, a second, larger hotel and large conference center, a museum, parking structure, an indoor sports facility, and limited residential development. Section 3.901 of the MPR regulations sets forth the maximum development allowed within the resort area, without approval of a "major revision" to the resort plan. New residential uses were allowed, but undeveloped land was designated for future large resort facilities. Requirement for Plat Alteration The Development Agreement and MPR regulations explicitly acknowledge the existing recorded plat of Ludlow Bay Village and the associated conflicts with the MPR Resort Plan. In 1999 - 2000, there was an attempt at this to resolve the conflict through adoption of a "Redevelopment Agreement" in order to complete the Plat Amendment, which required approval of every Owner within the plat. However, signatures of 100% of the Owners could not be obtained. This lead to the decision to require a "Plat Alteration" which only requires the signatures of affected property owners. Since the application only affects land owned by PLA, then PLA will sign the Plat Alteration in accordance with the requirements of the regulation. Pertinent statements regarding the requirement of a Plat Alternation are found throughout the pertinent documents: · Recitals (Ordinance No. 08-1004-99) WHEREAS, Olympic Resource Management has agreed that vested preliminary plat applications within the Master Planned Resort shall be subject to the terms and provisions of this ordinance, and further acknowledges that future resort development will require altering and partially vacating approved plat development; and 4 · MPR Regulations/Section 3.903 - Requirement to vacate or withdraw existing or vested residential development rights. "Concurrent with issuance of any permit for new resort development, any existing, pending, or vested development rights for projects or parts of phases of projects that; 1) have not been developed, and 2) are located in the RC/CF zone, and 3) are not included in the described Resort Plan shall be withdrawn, vacated or otherwise permanently released. For any subdivision that has been approved and recorded, but only partially developed, a plat alteration shall be applied for and processed as set forth in state law and in applicable county ordinances. Nothing is this ordinance is intended to affect the process or the specific outcome of any application for such a plat alteration. . Development Agreement Section 3.15 Ludlow Bay Village Plat states: 3.15.1 The parties acknowledge that development of the resort complex may require alteration of the Ludlow Bay Village Plat. One option the parties may exercise regarding any required plat alteration is to process and consider the plat alteration in conjunction with (or on a parallel track with) the resort complex proposal. Alternatively, if the plat alteration is not decided until after the resort complex proposal has been decided, the County shall ensure that any approval of the resort complex is conditioned or made contingent upon approval of any required plat alteration. 3.15.2 Any application for alteration of the Ludlow Bay Village Plat shall be processed pursuant to the County land use procedures ordinance and applicable state law. A public hearing shall be required for any necessary plat alteration, and the review process shall consider the criteria in RCW 58.17.215 controlling plat alterations. 2003 Proposed Resort Plan - Residential Units The 2003 Resort Plan proposes a total of 191 residential units at build-out - 88 units within LBV, and 103 total units within Admiralty I, II, and III. Currently, 26 residential units have been constructed (or are under construction) within LBV; an additional 62 units are proposed, for a total of 88 units. The relocated Harbor Master Restaurant and a new recreation building will also be located within LBV. This proposal will require a plat alteration. Within the Admiralty I and II areas, 64 residential units have been constructed; an additional 39 units are proposed, for a total of 103 units. A plat of Admiralty III will be required. 5 Plat Alterations - Process. Plat alterations are provided for by RCW 58.17.215. In summary, an application must be filed with Jefferson County, and the application must be signed by " ...the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered". Port Ludlow Associates (PLA) has the majority ownership interest in the recorded plat of Ludlow Bay Village as a whole, and a 100% ownership of that portion ofthe plat to be altered. PLA may therefore apply for a plat alteration. Plat alterations were also addressed in the Jefferson County Subdivision Ordinance (Ordinance No. 04-0526-92) in effect at the time of the Development Agreement. Section 14 - "Alterations" specifically addressed the process for a plat alteration. Ludlow Bay Village Covenants At the present time, PLA does not believe an amendment to the Master Declaration of Covenants, Conditions, Restrictions ("Master Declaration") is required to construct the 2003 Resort Plan. If at some point it is determined that an amendment is required, amendments are provided for in Article 18 of the Master Declaration. Article 18 requires approval of 60% of the Master Association Board and 40% of owners of the town home and single-family lots. PLA represents 100% of the Master Association Board and over 60% of the owners. Amendments to provision of public access also require the consent of Jefferson County. 6 Conclusion: PLA agrees that an alteration to the plat of Ludlow Bay Village is required to implement the proposed 2003 Resort Plan and intends to pursue this action as required by Jefferson County. The plat alteration can be processed concurrently with the request for the change to the Resort Plan, or can become a condition of approval of the 2003 Resort Plan. PLA prefers to make the plat alteration a condition of Resort Plan approval, so that the plat alteration will reflect the final approved Resort Plan, but recognizes that the process decision is up to Jefferson County. Thank you for your review of these issues. If you have any questions, or want to meet with PLA for further discussions, please do not hesitate to call. Sincerely, ~ _v. Mark R. Dorsey, P.E. Project Manager MRD/lek Cc Larry Smith - OWSI Lyn Keenan - Reid Middleton File 7