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MEMO
Via Certified Mail
DATE:
TO:
CC:
FROM:
May 22, 2004
Michelle Farfan, Associate Planner, Jefferson County
Al Scalf, David Alverez, BOCC, PL VC, and LMC
Bert Loomis
RE:
a)
b)
Port Ludlow Resort Plan Revision - Draft SEIS, 3/15/04
Shoreline Primary Use Substantial Development Permit No.
SDP 91-017, issued 5/11/93 [expired 5/11/98]
Michelle:
After reading the Shoreline Management Master Program [SMMP] for Jefferson County,
along with the two documents referred to above, it appears that the SEIS contains fatal
flaws that are violations of the SMMP.
The SEIS proposes to increase density by approximately 66%, with the majority of these
units being constructed on pilings over the lagoon. [See SEIS Figures 7A, 7C & 12A]
Please review 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 only for the purpose of
parks, open space, or recreational facilities.
Also, 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 the
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existing Permit SDP91-0 17, dated May 11, 1993, expired 5111/98, as previously agreed
to by the County and Developer.
This permit was issued subject to significant mitigation requirements. The applicant now
wants to increase density by 66%, while concurrently failing to comply with previously
agreed to permit conditions. I call your attention to the Notice Section of the Permit:
1. This permit may be rescinded by the Jefferson County Board of
Commissioners or the Washington State Shorelines Hearings Board upon
finding the Developer has not complied with the conditions herein,
pursuant to RCW 90.58.140 (8).
2. .. . Construction or substantial progress toward construction of the
permitted development shall begin within two (2) years from the date of
this permit and completion of the permitted development shall be
accomplished within five (5) years from the date of this permit...
This Permit was issued on May 11, 1993 and completion was to have been accomplished
by May 11, 1998. To date, 11 years later, less than 44% of the development has been
completed.
As you know, serious questions have been raised concerning the Developer's failure to
comply with many of the current permit conditions. I call your attention the SEIS,
Appendix C, Landscape Plan Port Ludlow Resort by GeoEngineers [2/04]. The
consultant acknowledges a failure to comply with conditions of the Permit to date:
Appendix C
1.0 Introduction. . . This conceptual landscape plan has been prepared to assist
PLA in satisfying the mitigation requirements.. .to lessen project impacts
and enhance environmental conditions at the Port Ludlow Resort.
4.1 South Lagoon Shoreline - Wildlife Area... This will address one of the
requirements in the 1993 shoreline conditions. . .
4.3.4 Eelgrass (zostera marina) .. .One of the conditions of the 1993 shoreline
permit for the Port Ludlow Resort states that "Eelgrass shall be planted in
the eastern sector of the pond"... to date that has not been accomplished.
4.4 Esplanade and Walking Paths...a plan for connecting these trails with
parking facilities and other public access routes is under development. . .
Why are they still planning for this required mitigation condition eleven
years after the permit was issued and six years after it's expiration date?
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Also, see 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.
On May 1, 2004, I filed a request for access to public records with the Jefferson County
Recorders Office for:
"Records for Shoreline Primary Use Substantial Development Permit No.
SDP 91-017, [issued 5/11/93 & expired on 5/11/98]"
"Please provide copies of all documentation, public comments and the
legal basis that Jefferson County relied upon to approve construction over-
water, which is a direct violation of the Shoreline Management Master
Program [SMMP] for Jefferson County [March 7, 1989]."
On May 21,2004 Dwayne Wilcox, Vice President PLVC, and I examined those files at
the County office. After a thorough review, we found no at;lhorization for over-water
construction. In fact. over-water construction was never mentioned in any of the files we
reviewed.
Based on the Applicant's clear failure to comply with Section 5.160 of the
Shoreline Management Master Program for Jefferson County, I request that you reject
this Draft SEIS as submitted.
Additionally, the parking and traffic components of this Draft are woefully inadequate,
lacking specificity, accuracy, consistency and failed to site relevant code sections etc. I
will forward my detailed comments on the parking and traffic issues in a separate memo.
It is unfortunate that the Department of Community Development [DCD] has allowed
such an inadequate document to move forward.
Please provide me with a copy of DCD's analysis of the Draft SEIS.
Contact:
Bert Loomis
9500 Oak Bay Road
Port Ludlow, W A 98365
360-437-2400
bertl@cablespeed.com
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