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MEMO
LOG iTEM
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DATE:
April 17, 2004
TO:
David Goldsmith, County Administrator, Jefferson County
FROM:
Bert Loomis
RE:
Your letter to Larry Nobles, PL VC dated March 9, 2004
Dear David:
Would you please provide the legal bases that support the County's decision to allow
construction of the Town Homes over the lagoon,
Quoted from your March 9th letter to the PL VC:
"Town homes: Over water construction of the town homes was reviewed by County and
State agencies during environmental and subdivision review of the plat of Ludlow Bay
Village, The pond is within 200 feet of the shoreline jurisdiction of Ludlow Bay but the
pond was considered a man-made feature from years ago and therefore allowed the town
homes to be constructed over the water."
I believe your statement to be inconsistent with, and a direct violation of, the Jefferson
County Shoreline Management Master Program [SMMP],
Reference the SMMP Pages 69 & 70, Section 5,160, Residential Development:
Prohibited Uses and Activities
1. Residential structures located on or over marshes, bogs, swamps, lagoons,
tidelands, ecologically sensitive areas or water areas subject to this Master
Program,
Policies
4, Over-water residential development, including floating homes, should not
be permitted.
Performance Standards
5, Developments containing marshes, swamps, lagoons, portions of a flood
plain, or similar wetlands shall use those areas onlv for the purpose of
parks, open space, or recreational facilities,
2
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Also, see the Developer's Draft SEIS Page 3-21, Section 3,3,1, Affected Environment:
Artificial Lagoon
The lagoon was initially constructed in 1967 by excavating upland soils.
It was 1.4 acres in size, In 1994 the lagoon was expanded to 2.2 acres as
mitigation for planned Resort expansion.
Further, the permit conditions clearly indicate any construction over the lagoon will be
inconsistent with, and contrary to, the intent of at least ten mitigation conditions of Permit
SDP91-0 17, dated May 11, 1993, as agreed between the County and Developer.
"Development pursuant to this permit shall be undertaken subject to the applicable
policies and performance standards of the Jefferson Shoreline Management Master
Program and the following conditions:" [see Permit SDP91-017, Conditions 1-51 for
specific details],
Contact: Bert Loomis
9500 Oak Bay Road
Port Ludlow, W A 98365
360-437-2400
bertl@cablespeed,
End: Goldsmith letter to the PLVC [3/9/04]
...
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David Goldsmith
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
March 9, 2004
Port Ludlow Village Council
LarryNobels, Chair
81 Harms Lane
Port Ludlow W A 98365
Re: Response to Concerns Raised at the Public Meeting on February 25,2004
Dear Mr. Nobles and Members of the Port Ludlow Village Council:
This letter is a follow-up to five identified issues/concerns raised at the February 25,2004
meeting with the Board of County Commissioners, County staff, Port Ludlow Village Council
(PLVC) and members of the public. The five issues raised are id'entified as follows: (1) over-
water construction of town homes, (2) Shoreline Substantial Development Permit (SDP91-017)
and the 51 conditions, (3) Wedgewood Short Plat tree cutting, (4) two mooring buoys, and (5)
drainage/storm water.
The following paragraphs are 'an attempt to explaiwc1arify each (,fthe identified issues:
1. Town homes: Over water construction of the town homes was reviewed by County and
State agencies during environmental and subdivision review ofthe plat of Ludlow Bay
Village, The pond is within 200 feet of the shoreline jurisdiction of Ludlow Bay but the
pond was considered a man-made feature from years ago and therefore allowed the town
homes to be constructed over the water, The Assessor's Office lowered the property
taxes for several reasons: difficulty of over water constrection requirements such as
engineering; the tovv'n homes adjacent to the bay have a better vie'.v; the to\vn home lots
cannot be sold separately due to the zero lot line (a platted group of town home lots
would need to be purchased by someone to construct a town home before it could be sold
at which point the assessed values would be increased,)
2. SDP91-017 and the 51 Conditions of Approval: A memo dated February 10, 1994 from
James W, Pearson, Associate Planner to Mike Ajax, Building Official stated that "Pope
Resources has demonstrated compliance with the permit conditions as they apply to
construction of the proposed Inn at Port Ludlow, You may therefore issue the referenced
building permit." Additionally, on June 6, 1994 before the Board of County
Commissioners (BOCC), Jerry Smith, Associate Planner reported that "all the conditions
related to the preliminary long plat and shoreline permit have been met and that the
Phone (360)385-9100
Fax (360)385-9382
dgoldsm ith(t]co.jefferson. \Va. us