HomeMy WebLinkAboutLog259
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Gregg & Patricia Jordshaugen
34 Heron Road
Port Ludlow, Washington 98365
[5)lE(clED~lErm
ln1 tIOV - 1 200S tw
JEFFERSON COUNTY
OEPT. OF COMMUNITY DEVELOPMENT
October 31, 2005
Jefferson County Department of Community Development
Development Review Division
621 Sheridan Street
Port Townsend, Washington 98368
Re: Port Ludlow Resort Build-Out and Marina Expansion
Case Nos: SUB05-00030; SDP05-00019; ZON05-00035; ZON03-00044
On June 6, 1994 the Jefferson County Board of Commissioners gave their approval to the
final subdivision plat known as Ludlow Bay Village, which is currently recorded in
Volume 6 of Plats, pages 228 through 233, records of Jefferson County, Washington. The
recorded Ludlow Bay Village plat includes 53 town home lots, 5 single family residence
lots, and commercial parcels for a 36 room inn, a restaurant, and a marina. This
breakdown of the approved subdivision is consistent with the Findings, Conclusions, and
Recommendation of the Hearing Examiner dated May 10, 1993 (see Exhibit 1). The
approval by the Board of Commissioners was the conclusion of a process covering several
years that included significant debate about the density of residential development that was
appropriate for the area which became the Ludlow Bay Village plat. There are still over
200 letters of comment from the original plat approval process on file at the office of the
Jefferson County Department of Community Development, most of which were very
critical of the original developer plans for more than 90 residential units in the Ludlow Bay
Village plat. The final result of the process in the early 1990's was a compromise reducing
the residential density to 58 units as currently reflected by the recorded plat.
LUDLOW BAY VILLAGE CC&R's
At the time of approval of the final subdivision plat by the Jefferson County Board of
Commissioners, Pope Resources (identified as Declarant for Ludlow Bay Village) caused
to be filed and recorded in Volume 507, pages 184-235 of official records ofthe Jefferson
County Auditor, the Master Declaration of Covenants, Conditions, Restrictions,
Assessments, Changes, Liens, Reservations and easements for Ludlow Bay Village
(hereinafter referred to as the "CC&R's"). (see Exhibit 2) On page 1 of the CC&R's it
specifically states "Declarant intends to incorporate a mix of uses within Ludlow Bay
Village, including a restaurant, marina, 36 room 'Inn at Ludlow Bay', 53 residential town
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 2
homes and 5 single family residences;..." The CC&R's further state on pages I and 2
"Whereas, in order to cause the Covenants to run with the property comprising Ludlow
Bay Village, and to be binding thereon and upon the Owners, Residents and Occupants
thereof from and after the date of recordation of this Master Declaration, Declarant hereby
makes all conveyances within Ludlow Bay Village, whether or not so provided therein,
subject to the Covenants herein set forth; and by accepting deeds, easements or other
grants or conveyances to any property within Ludlow Bay Village, the Owners, Residents
and other transferees for themselves and their heirs, executors and administrators, trustees,
personal representatives, successors and assigns, agree that they shall be personally and
collectively bound by all of the Covenants (including but not limited to the obligation to
pay assessments) hereinafter set forth."
As of the current date, parties to the CC&R's are Port Ludlow Associates, LLC (as owners
ofthe Inn, Restaurant, Marina, 5 single family residence Lots, and 28 town home Lots) and
the individual owners of 25 town homes and town home Lots. Regardless of ownership
magnitude, all property owners within Ludlow Bay Village must be held to an equal
standard of compliance with the CC&R's. Based on a letter I received from Al Scalf,
Director of Community Development, dated May 23, 2005 (see Exhibit 3), in response to
my letter dated April 28, 2005 (see Exhibit 4), in which I pointed out what I believe are
violations of the CC&R's by Port Ludlow Associates, LLC, he stated "The master
declaration of covenants, conditions, restrictions, assessments, changes, liens, reservations
and easements for Ludlow Bay Village executed on May 25, 1994 is a contractual
relationship between the declarant Pope Resources and owners, residents and occupants of
Ludlow Bay Village. Jefferson County doesn't enforce the CC&R's. This obligation is a
civil issue between the parties now consisting of Port Ludlow Associates and the owners of
the lots within Ludlow Bay Village." This is an interesting observation by Mr. Scalf since
in a letter he wrote on January 21, 2004 (see Exhibit 5) he stated "After consultation with
legal counsel and review of the applicable covenants, the county cannot conclude that any
restrictive covenants have been violated, therefore Port Ludlow Associates (PLA) does not
need the signatures of all parties subject to the covenants." I find it very interesting that in
May 2005 Mr. Scalf declines to get involved with an issue related to the CC&R's and
whether they have been violated because "Jefferson County doesn't enforce the CC&R's",
yet in January 2004 Mr. Scalf made himself the judge and jury on a CC&R issue directly
related to the Application of Port Ludlow Associates, LLC currently being considered by
stating "... the county cannot conclude that any restrictive covenants have been violated,
therefore Port Ludlow Associates (PLA) does not need the signatures of all parties subject
to the covenants." I do not know why Mr. Scalf and Jefferson County should be allowed
to selectively decide when they will and will not make conclusions concerning the
CC&R's of Ludlow Bay Village. If they are going to conclude the CC&R's have not been
violated in January 2004, they must make a similar review and response when I point out
what I believe are violations in April 2005.
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"Michelle Sandoval commented that Ms. Lumsden had stated that the CC&R's
superceded the county codes. Ms. Sandoval stated that was not necessarily so; it
only applied if the CC&R's were more stringent. Faith Lumsden agreed that Ms.
Sandoval was correct."
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 3
The CC&R's are a contract to protect the Lot owners of Ludlow Bay Village, and although
Jefferson County may have no responsibility to enforce them, Jefferson County does have
an obligation to be certain they do nothing, or approve nothing, that results in a violation of
the CC&R's. During the Planning Commission Report at the August 19, 1999 meeting of
the Jefferson County Planning Commission concerning the Port Ludlow MPR Ordinance
and more specifically Ludlow Bay Village, the minutes on page 10 (see Exhibit 9) state
the following concerning CC&R's and how they relate to county codes.
CONSIDERATION OF RCW58.17.215 - ALTERATION OF SUBDIVISION
An important consideration that needs to be dealt with, and should have been long before
the Application in question was filed or scheduled to come before a hearing examiner, is
whether the provisions of RCW58.17.215, Alteration of subdivision - Procedure, have
been properly addressed and applied. RCW58.17.215 states in the first two sentences
"When any person is interested in the alteration of any subdivision or the altering of any
portion thereof, except as provided in RCW58.17.040(6), that person shall submit an
application to request the alteration to the legislative authority of the city, town, or county
where the subdivision is located. The application shall contain the signatures of 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,
LLC submitted such a subdivision plat alteration application on May 5,2004 (see Exhibit
6) without the signatures of any other owners of lots in Ludlow Bay Village, claiming that
changing the use of 28 town home lots from there approved use for the construction of 28
individually owned town homes on deeded lots to parcels for the construction of more than
50 condominiums did not constitute an alteration that impacted any owner in the Ludlow
Bay Village subdivision outside the boundaries of the 28 lots owned by Port Ludlow
Associates, LLC. If the 25 Ludlow Bay Village neighbors living in close proximity to the
proposed condominium development are not affected by a major change in the Ludlow
Bay Village plat, then I certainly don't know what developer of property in a recorded plat
in the State of Washington would ever be required to obtain the signatures of other
property owners in a subdivision or plat to drastically alter the plat as to type of residential
construction, ownership of property, and density of occupation and construction. If the
Subdivision Plat Alteration Petition submitted by Port Ludlow Associates, LLC is still
under consideration (which I am not certain it is), it must be rejected by the provisions of
RCW58.17.215 for failure to include "...the signatures of the majority of those persons
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"A division made for the purpose of alteration by adjusting boundary lines,
between platted or unplatted lots or both, which does not create any additional lot,
tract, site, or division nor create any lot, tract, parcel, site, or division which
contains insufficient area and dimension to meet minimum requirements for width
and area for a building site;"
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 4
having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject
subdivision or portion to be altered."
BOUNDARY LINE ADJUSTMENT OR PLAT ALTERATION/AMENDMENT
Based on the first item included in the Proposal submitted to Jefferson County dated
October 5,2005 being a "Boundary Line Adjustment", it is my expectation the Subdivision
Plat Alteration Petition was removed and replaced by the Boundary Line Adjustment in an
attempt to take advantage of the exception in RCW58.17.215 that eliminates the
requirement for a plat/subdivision alteration application if the requirements of
RCW58.17.040(6) are met. RCW58.17.040(6) states the following:
At first reading RCW58.17.040(6) seems very clear and straight forward, which I am sure
it was intended to be. However, in the proposed application the Boundary Line
Adjustment is to eliminate boundary lines of the existing town home lots owned by Port
Ludlow Associates, LLC and create a smaller number of "parcels" on which
condominiums will be built. The boundary line adjustment creates "parcels" that did not
exist before the boundary line adjustments and therefore is not compliant with
RCW58.17 .040( 6) which specifically states a boundary line adjustment cannot". ..create
any additional lot, tract, parcel, site, or division..." In addition lots designated for
residential construction in the plat are being converted to commercial use and the
construction of a parking lot for a commercial venture and parcels designated for
commercial use are being converted to residential use. If the creation of new "parcels" and
the change of residential property to commercial use and commercial property to
residential use for the construction of condominiums is not considered to be a valid reason
to require Port Ludlow Associates, LLC to submit a Subdivision Plat Alteration Petition,
with the required signatures of other lot owners in Ludlow Bay Village, then the plain' and
unambiguous meaning of RCW58.17.040(6) is being ignored. The language of
RCW58.17.404(6) is clear on its face, a plat alteration is required unless the number of lots
and their use before a boundary line adjustment is virtually the same as the number of lots
and their use after the boundary line adjustment. Legislators did not intend for a developer
who maintained the same number of lots in a plat (just making some smaller and some
larger) to be burdened with the requirements imposed by a Subdivision Plat Alteration
Petition, which is exactly what they said in RCW58.17.040(6). As long as building
density, type of construction, and number of residential units stayed the same,
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"If the subdivision is subject to restrictive covenants which were filed at the time of
the approval of the subdivision, and the application for alteration would result in
the violation of a covenant, the application shall contain an agreement signed by all
parties subject to the covenants providing that the parties agree to terminate or alter
the relevant covenants to accomplish the purpose of the alteration of the
subdivision or portion thereof."
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 5
RCW58.17.215 and the alteration application it imposed could be avoided, which makes
perfect sense. In addition the Unified Development Code of Jefferson County, Section 7 -
Land Divisions, provides guidance on Boundary Line Adjustments in 7.2.3.b. concerning
Review Process and Criteria, where it states "... the administrator shall approve the
proposed boundary line adjustment only upon finding that the adjustment would not: .. .(2)
Result in a lot, tract, parcel, site within a binding site plan or division that contains
increased density..." and "(8) Replat or vacate a short plat or long plat, or revise or amend
the conditions of approval for any short or long subdivision." (see Exhibit 7) The Port
Ludlow Associates, LLC application and proposals should be rejected unless they meet the
requirements of RCW58.17.215 and include a Subdivision Plat Alteration Petition
including signatures by the majority of persons having ownership interests in the lots in
Ludlow Bay Village (in this case there are 26 owners of lots, making a majority 14 of the
owners) because the entire Ludlow Bay Village subdivision is affected by the dramatic
increase in residential density and changes in property use between residential and
commercial, not just the 28 lots owned by Port Ludlow Associates, LLC.
In addition to RCW58.17.215, Jefferson County Ordinance No. 08-1004-99 for the Port
Ludlow Master Planned Resort (see Exhibit 10) makes it clear that any revision to the
Ludlow Bay Village plat requires a plat alteration. It states in Section 3.903 that "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."
VIOLATION OF CC&R's REQUIRES APPROVAL OF ALL PARTIES SUBJECT
TO CC&R's
Going beyond the initial sentences of RCW58.17.215 concerning the need for an
application for alteration of a subdivision or plat, further requirements are imposed on a
developer, such as Port Ludlow Associates, LLC, if the subdivision is subject to CC&R's
such as the Ludlow Bay Village plat. RCW58.17.215 states:
The important part of this section of RCW58.17.215 is that it clearly states that only one
covenant needs to be violated, i.e. "...would result in the violation of a covenant...", to
impose the requirement to include an agreement signed by all parties subject to the
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1. Port Ludlow Associates, LLC is not the Declarant as defined and provided for
in the CC&R's - Section 1.11 states "Declarant" shall mean Pope Resources, a
Delaware Limited Partnership, organized under the laws of the State of
Delaware. (see Exhibit 2) The definition ends there with no mention of
successors or assigns. Although Section 2.1 does include language in a single
sentence that includes the words "Declarant" and "successors and assigns" it is
far from clear this was ever intended to be a provision that allowed Pope
Resources to name a successor or assign under the CC&R's (if they ever sold a
portion of the Ludlow Bay Village property) because the sentence also includes
"Associations", "all Owners", "Residents", and "Occupants". If the Declarant
was allowed to provide for a successor or assign it would have been stated in
the definitions as most similar CC&R documents are written. The language of
the CC&R's is plain and unambiguous, it should be assumed the Declarant
meant exactly what is said. If Port Ludlow Associates, LLC is not the
Declarant, then Section 7.2 Annual Assessments in the CC&R's (see Exhibit
2), must be addressed which states "With regard to town home and single-
family Lots, no Annual Assessment shall be levied or otherwise accrue in favor
of the Master Association or Town Home Association against said Lots until
title to the Lot is transferred from Declarant to the first purchaser of the Lot
from Declarant." The ownership of the 28 town home Lots currently owned by
Port Ludlow Associates, LLC, which are the subject of the application, has
actually changed twice since originally being owned by Declarant (Pope
Resources). First transferred by Quit Claim Deed to Olympic Real Estate
Development LLC on December 2, 1998 and then by sale evidenced by a
Statutory Warranty Deed to Port Ludlow Associates, LLC on August 8, 200 I
(see Exhibit 8). Assuming, based on a literal reading of the language in
Section 1.11 of the CC&R's, that Port Ludlow Associates, LLC is not the
Declarant, then they are subject to Annual Assessments on the Lots they own
beginning on August 8, 2001. Approval of their application would eliminate
Lots subject to Annual Assessment, Liens, and foreclosure. Approval of the
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 6
covenants. It is my contention and belief the proposed application is subject to
RCW58.17.215 (it is not excepted by RCW58.17.040(6)) and it will result in the violation
of more than one restrictive covenant contained in the CC&R's of the Ludlow Bay Village
plat and it therefore must include an agreement signed by all 25 town home Lot owners
and Port Ludlow Associates, LLC or it should be rejected as not meeting the requirements
of Washington State Law.
To assist in the determination that covenants will be violated, or already have been, as a
result of this application, I list the following specific covenants that have or will be
violated.
3. Section 4.12 Restriction on Further Lot Subdivision, Property Restrictions and
Rezoning states "No Lot within Ludlow Bay Village shall be further
subdivided. No portion lass than all of any such Lot, nor any easement or other
interest therein, shall be conveyed or transferred by an Owner;,.." As
described in my letter dated April 28, 2005 to Al Scalf (see Exhibit 4), Lot
THl6 (composed of portions designated by TH16 and TH16A on the recorded
plat of Ludlow Bay Village) was segregated in January 2003 in conjunction
with the sale of a town home constructed on Lot TH16 for the purpose of being
able to include the THl6A portion of Lot TH16 as part of the proposed Inn
parking lot in the application submitted by Port Ludlow Associates, LLC. The
segregation of the 10' x 30' portion of Lot TH16, designated as TH16A on the
recorded plat, violated Section 4.12 of the CC&R's. It is also an alteration of
the Ludlow Bay Village plat that has not been approved (by Jefferson County)
or agreed to by affected property owners (the town home owners) in that it
created a 54th lot in a plat only approved for 53 town home lots. The new lot
TH16A created by the segregation is also not a legal "Lot" under Washington
State Law at a size of 10' x 30' it does not meet the requirements, set forth in
RCW58.17.020 which defines a lot as "a fractional part of divided lands having
fixed boundaries, being of sufficient area and dimension to met minimum
zoning requirements for width and area." The segregated portion of Lot TH 16
identified as TH16A on the recorded plat also does not meet the requirements
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 7
application will violate the CC&R's by removing/eliminating town home Lots
subject to Annual Assessment by the Town Homes at Ludlow Bay Association
and taking it's right to lien said Lots for collection ofthe Annual Assessments.
2. Port Ludlow Associates, LLC claims they are the "successor Declarant" to
Pope Resources for the Ludlow Bay Village plat. If they are correct, then you
must look to Section 7.12.1 of the CC&R's (see Exhibit 2) for their duties and
obligations. Section 7.12.1 states "With regard to the Town Home Association,
until forty (40) town home Lots have been sold by Declarant, Declarant agrees
to subsidize the financial operations of the Town Home Association in the
event that all Annual Assessments and every other revenue source received by
the Town Home Association fails to equal or exceed the actual expenses
incurred during the year." Approval of the application of Port Ludlow
Associates, LLC will violate Section 7.12.1 of the CC&R's because forty (40)
town home Lots will never be sold (as the maximum number sold will forever
be 25 Lots) and approval of the application will eliminate a required subsidy by
Declarant (assuming Port Ludlow Associates, LLC is a successor Declarant) to
the Town Home Association without the agreement of the current 25 town
home Lot owners to forego the Declarant subsidy in future years.
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of the CC&R's which define a Lot in Section 1.17 as ".. . any area of real
property within Ludlow Bay Village designated as a residential town home or
single family residential Lot by any appropriate means of governmental
approval..." Finally it is clear from the records of the Jefferson County
Assessor that TH16A was a part of Lot THI6, Tax Parcel No. 968600029 (see
Exhibit 11) and that when segregated as a separate "Lot", Tax Parcel No.
968600072 (see Exhibit 12), it was not considered a valid or legal Lot based on
the notations "Gar Site Only(-95%) Can't be Sold(-25%) Doubt Bldable(-
25%)" on the assessors valuation worksheet for Lot TH16A.
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 8
4. Section 6.2 Town Home Association states that "Every Owner of a town home
Lot shall be a Member of the Town Home Association. Membership shall be
appurtenant to and may not be separated from ownership of the town home Lot
to which the Membership is attributable." Approval of Port Ludlow Associates,
LLC application for the Resort Build-out will result in a violation of this
covenant in that membership in the Town Home Association will be eliminated
for the 28 town home Lots if they are changed to "parcels" for the construction
of condominiums as proposed. This will have an adverse affect on the financial
viability of the Town Home Association with its membership decreased from
53 to 25 members. It is clear from Section 7.12.1 of the CC&R's the original
Declarant (Pope Resources) recognized the Town Home Association would not
be financially viable until at least forty (40) Lot memberships were paying
Annual Assessments (see further discussion in Item 2 above). The elimination
of the 28 town home Lots from the Town Home Association and forever
limiting the number of members to 25, below the required level of forty (40) for
financial subsidy of the Town Home Association by Declarant will be a
violation of the CC&R's.
5. Article 11 Architectural Control starts out in Section 11.1 identifying lots that
are subject to architectural review by the Ludlow Maintenance Commission
(LMC). It says "At all times after conveyance from Pope Resources, the
Owners of each Town Home Lot and Single-Family Lot within Ludlow Bay
Village shall be subject to Ludlow Maintenance Commission ("LMC")
architectural control, as set forth in Article 17, in addition to architectural
control by the Architectural review Committee of the Master Association as set
forth below." Section 17.3 Architectural Control says "Upon conveyance from
Pope Resources, the Owners of each Town Home Lot and Single-Family Lot
within Ludlow Bay Village shall be subject to LMC architectural control as
provided in Article 11 herein." To determine the meaning and applicability of
this section of the CC&R's it is first important to understand the meaning of the
word"convel~!)ce"., Black's Law Dictionary, 6th Edition, 8th Reprint 1994,
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defines conveyance as a "transfer of title to land from one person, or class of
persons, to another by deed." That is exactly what happened when Olympic
Real Estate Development LLC (a subsidiary company of Pope Resources) sold
the land that included several Lots in Ludlow Bay Village to Port Ludlow
Associates, LLC (an umelated party) (see Exhibit 8). There can be no question
that Article 11 of the CC&R's applies to all Lots (town home and single-
family) in Ludlow Bay Village that were not built on prior to the sale to Port
Ludlow Associates, LLC in August 2001. No application for development of
any kind on the town home and single-family Lots of Ludlow Bay Village
should be approved without the approval of the LMC Architectural Control
Committee.
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 9
The charge to the LMC Architectural Control Committee is to ". . .in good faith
exercise discretionary approval and disapproval of plans and specifications on a
basis of minimizing interference with enjoyment of nearby Lots and of
enforcing an improvement use and occupancy of the land in a pleasing but not
necessarily uniform combination of permanent residences and recreational
homes." Going further in Article 11 there is Section 11.6 Ludlow Bay Village
Design Standards, which standards "may include written guidelines setting
forth the minimum standards for design, height, square footage, location, style,
structure, color, mode of architecture, mode of landscaping..." The Resort
Build-Out Application should include a copy of the Ludlow Bay Village Design
Standards to assure compliance with those standards or the application should
be denied.
APPLICABILITY OF SECTION 5.160 OF SHORELINE MANAGEMENT
MASTER PROGRAM TO OVER-WATER CONSTRUCTION
The third (3rd) proposal in the application submitted by Port Ludlow Associates, LLC is for
a determination of the applicability of Section 5.160 of the Jefferson County Shoreline
Management Master Program, which prohibits residential over-water construction, to
residential construction over the lagoon located within the Ludlow Bay Village plat. This
issue has been presented to the State of Washington Department of Ecology with three (3)
separate groups (Jefferson County, Port Ludlow residents, and Port Ludlow Associates,
LLC) given the opportunity to present their views and positions at separate independent
meetings. As a result of those meetings Paula Ehlers, Section Manager, Shorelands &
Environmental Assistance Program issued a report and conclusions of the Department of
Ecology on October 25, 2004 (see Exhibit 13). On page 4 of the report Ms. Ehlers states
"While not fitting neatly into readily available definitions, the lagoon is certainly a body of
water within SMA jurisdiction" and "The Port Ludlow Lagoon is a water of the state, and
it is in SMA j?riA~~tiIQ~i:: The Department of Ecology does not believe that over-water,
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The fourth (4th) proposal in the application submitted by Port Ludlow Associates, LLC is
the Major Resort Plan Revision. Near the end of the summary of the Major Resort Plan
Revision included in the Public Notice of Applications a statement is made that "No over-
water construction at the artificial lagoon or pond is proposed." This is an interesting
statement considering the application also states in the summary that Port Ludlow
Associates, LLC is proposing "... to add 101 attached residential units and remove many
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 10
residential construction is an allowed use under the Jefferson County SMMP." The
opinion of the Department of Ecology is very clear and should be sufficient to make a
ruling to prohibit any construction that in any way encroaches over the lagoon. It is
equally clear in the Jefferson County Shoreline Management Master Program, Section
5.160 Residential Development which includes the following provisions (see Exhibit 14):
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.
Based on the interpretation of the Department of Ecology this section applies and
construction over the lagoon is prohibited. Ms. Ehlers included the statement "The
limited, or degraded, value of the lagoon as fish and wildlife habitat may mean that it
should not be considered as an "ecologically sensitive areas", but it is still a lagoon, and it
is still a water area. There are no qualitative limitations on those phrases." That statement
further emphasizes that residential construction over the lagoon should not be allowed.
Section 5.160 Policies
(4) Over-water residential development, including floating home, should
not be permitted.
Section 5.160 Performance Standards
(6) Developments containing marshes, swamps, lagoons, portions of flood
plain, or similar wetlands shall use these areas only for the purpose of parks,
open space, or recreational facilities.
To allow for any construction over the lagoon would be contrary to the expressed opinion
of the Washington State Department of Ecology and would be a violation of the Jefferson
County Shoreline Management Master Program. The same restrictions on over-water
construction are also found in the Jefferson County Unified Development Code, Section
18.25.410.
MASTER RESORT PLAN REVISION
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page II
planned commercial facilities." Upon review of the Final Supplemental Environmental
Impact Statement issued by Jefferson County Department of Community Development in
May 2005, the addition of 101 new residential units is Alternative 1: Applicant's Proposed
Project-2003 Proposed Resort Plan which includes construction over the lagoon (see
Exhibits 15 and 16) as represented in Alternative I-Figure 3A and Alternative I-Site Plan-
Figure 3B to the Port Ludlow Resort Plan FSEIS. Based on the application including a
false statement that "No over-water construction at the artificial lagoon or pond is
proposed" when Alternative 1 in the FSEIS is what is being proposed and clearly includes
over-water construction, the application should be denied. Not only does applying for
approval of Alternative I show that Port Ludlow Associates, LLC does not feel they
should be subject to the jurisdiction of the Department of Ecology or the Jefferson County
Shoreline Management Master Program, but also demonstrates their complete disregard for
the feelings and opinions of the hundreds of Port Ludlow residents who expressed their
written concerns about the increased residential density, traffic congestion and safety, and
parking, by making no attempt to alter or modify their original proposal in anyway as a
result ofthe comments received and included as a part ofthe published FSEIS.
There are a number of other issues I noted within the FSEIS that have not been adequately
planned or explained and in some cases will create additional costs and responsibilities for
the current town home owners of Ludlow Bay Village without allowing them any vote on
whether they are willing to assume the costs and/or responsibilities. It is a fundamental
foundation of a democratic society that residents are allowed to vote and approve or
disapprove new costs, obligations, and responsibilities. They cannot be forced upon them
without their consent.
1. Alternative 1 has a list of ". . .new facilities" on page 1-7 of the FSEIS which
includes "off-street parking (expanded and reconfigured, with new elevator)"
(see Exhibit 17). Nowhere within the FSEIS is there any discussion about who
will own the ".. .new elevator..." and be responsible for the maintenance,
repair, and upkeep of the elevator and who will accept legal responsibility
should any person become injured in anyway using the elevator. The implied
ownership, in the absence of anything specific to the contrary, would be the
Master Association of Ludlow Bay Village. The town home owners are
members of the master Association and bear a significant portion of the
financial obligations of that Association. No new structures or facilities, such
as an elevator, should be allowed to be constructed without an affirmative vote
of those who will be financially responsible for as many years into the future as
the elevator exists. Alternative I proposed by Port Ludlow Associates, LLC
should not be approved, including the ".. .new elevator.. .", without the
affirmative written consent and agreement of the town home owners.
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 12
2. On pages 3-15 and 3-16 of the FSEIS (see Exhibit 18) there is a disturbing plan
outlined for the handling of storm-water runoff from the proposed Admiralty III
development area. This section of the FSEIS states the following:
"Build-out of the Resort will increase storm-water runoff in Basins A and B
(Admiralty III area), and Basin EX-3 (Ludlow Bay Village). New
development in Basins A and B will require construction of a storm
drainage system (including detention and water quality treatment)
consistent with the requirements of Jefferson County/Port Ludlow
Development Agreement and Jefferson County Ordinance No. 10-1104-96.
After detention and water quality treatment, runoff from Basins A and B
will pass through the existing conveyance system to the artificial lagoon. A
preliminary evaluation of the capacity of the existing conveyance system to
accommodate the additional runoff has been undertaken, but it was found
that a design level of detail will be required before a final determination
regarding capacity can be made. If it is determined that existing capacity is
not sufficient, then the existing storm drainage line will be replaced with a
larger line."
The reason this disclosure of storm-water runoff from the proposed Admiralty
III project (and apparently already existing runoff from that area) through the
lagoon is disturbing, is the lagoon is a privately owned and maintained
property. The lagoon is "Tract B" in the Ludlow Bay Village plat and is owned
by the Ludlow Bay Village Association. All costs of maintenance and repair
related to the lagoon are paid by the members of the Ludlow Bay Village
Association (town home Lot owners, restaurant, inn, marina, and single family
Lot owners). Storm water runoff from other privately owned property
(Admiralty III and other unknown properties) imposes a cost, both present and
future, on the owners of the lagoon caused by other parties who make no
financial contribution to the repair and maintenance of a private facility (the
lagoon) from which they are gaining economic benefit. As in the case of the
elevator noted above, a financial obligation is being imposed on the members of
the Ludlow Bay Village Association without giving them the democratic right
to vote on their willingness to accept or not accept the financial cost of other
property owners in the area being allowed to use the lagoon, at no cost, as part
of their storm water runoff system.
There is another related statement on page 3-12 of the FSEIS (see Exhibit 19)
which is contrary to what was described on pages 3-15 and 3-16 concerning the
lagoon being a part of the current and future storm water runoff systems.
ITEM
# f) sq
pa~t'-~Of-L$ 2
"All storm drainage facilities within the Resort area are currently owned
and operated by Port Ludlow Associates. At completion of development,
these facilities will be turned over to the Port Ludlow Drainage District for
maintenance. Because the artificial lagoon is not a designated drainage
facility, the artificial lagoon is maintained by the LBV Home Owners
Association."
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 13
Not withstanding the error in the name of the responsible association, which
should be the Ludlow Bay Village Association, I do not understand how a
statement can be made the lagoon is ".. .not a designated drainage facility..."
and then four (4) pages later in the FSEIS it states". . . runoff from Basins A and
B will pass through the existing conveyance system to the artificial lagoon."
That certainly sounds like the lagoon is an integral part of a ".. .drainage
facility.. ." Consideration must also be given to the environmental impact of
storm water run-off on the ecology of a salt water lagoon.
Alternative I proposed by Port Ludlow Associates, LLC should not be
approved without the affirmative written consent of all town home Lot owners
and other members of the Ludlow Bay Village Association to allow the use of
their property (the lagoon) for storm water runoff as proposed for the Admiralty
III development. Alternatively, the Ludlow Bay Village Association members
could approve having the lagoon turned over to the Port Ludlow Drainage
District for maintenance, which would be more appropriate since the lagoon is
apparently already being used as a part of the storm water runoff system and
drainage facilities for areas outside the Ludlow Bay Village plat based on the
statement on page 3-16 of the FSEIS that there is an ".. . existing conveyance
system to the artificial lagoon."
3. Information regarding roads within Ludlow Bay Village and parking for the
currently completed town homes presented in the FSEIS on pages 3-82 and 3-
83 is materially incorrect. The following statements are made within the FSEIS
that misrepresent the actual state of the roads and parking.
"Heron Road is 24 feet in width (two 10-foot paved driving lanes with 2-
foot concrete shoulders)"
In fact there is a 2-foot concrete shoulder on only one side of Heron Road
and the paved driving lane is not 20' wide in all places. The paved driving
lane in front of 34 Heron Road is only 17' 9", 32 Heron Road 17' 6", and
30 Heron Road 18' 3". Even at 20' in width Heron Road does not allow
enough room for town home owners to conduct normal day-to-day
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functions, such as washing their cars, without blocking half the road width
and causing serious safety problems.
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 14
"The garages of the town homes along this section of Heron Road are set
back 32 to 36 or more inches from the edge ofthe concrete shoulders."
In fact the garage set back for 38 Heron Road is only 21 inches, 42 Heron
Road 21 inches, and 44 Heron Road 30 inches. Not enough room for
ingress and egress from garages without creating significant safety issues,
especially if construction of garages and residences is allowed with similar
set backs on the opposite side of Heron Road.
"On-site parking for the residential townhomes is provided at a rate of one
to two stalls per unit, plus guest parking stalls."
Although each town home was constructed with a garage for one or two
vehicles, the stated "guest parking stalls" were actually constructed on
individual town home Lots and are in reality privately owned and are not
generally available as "guest parking" for the majority of town home
owners. No resort development alternative should be approved that does
not provide for adequate dedicated parking for the guests of all town home
Lot owners contiguous to their town homes as represented in the FSEIS and
was represented to them by Port Ludlow Associates, LLC and their
predecessor when they purchased their town homes.
CONCLUSION
To summarize a very lengthy letter of comment concerning the Port Ludlow Resort Build-
out and Marina Expansion application submitted by Port Ludlow Associates, LLC, I am
requesting the Hearing Examiner not allow a boundary line adjustment as a valid method
to alter the Ludlow Bay Village plat. That Port Ludlow Associates, LLC be required to
submit a plat alteration application as required by RCW58.17.215 and Jefferson County
Ordinance No. 08-1004-99, and that said plat alteration application be accompanied by the
written affirmation of the resort/plat alteration plans by a majority of the owners of
property within the plat (because all Lot owners within the plat are impacted by the
alteration) or accompanied by the written affirmation of all property owners subject to the
plat covenants because the proposed plat alteration will violate at least one covenant
contained within the plat CC&R's. Additionally if any alternative included within the
FSEIS is approved it should specifically exclude any construction over the lagoon. The
construction of an "elevator" within the plat and continued future use of the lagoon as a
part of the storm water runoff system should not be allowed without an affirmative vote of
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Jefferson County Department of Community Development
Development Review Division
October 31, 2005
Page 15
all members of the Ludlow Bay Village Association. Finally Heron Road and the parking
in the town home area should be required to be improved to match the descriptions as
represented in the FSEIS as a condition of any approved development.
Very truly yours,
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" ..,~..
OFFICE OF THE HEARING EXAMINER FOR JEFFERSON COUNTY '
RE: Preliminary Plat )
application of Pope Resources to )
subdivide 17.87 acres into lots )
and parcels for residences, )
restaurants, marina, inn, common )
areas and open space. )
Variance request from )
requirements of Subsection 6.203 )
was withdrawn at the public )
hearing - see Proposal below. )
FINDINGS, CONCLUSIONS,.
AND RECOMMENDATION
SUMMARY OF PROPOSAL AND RECOMMENDATION
Proposah The applicant is seeking to subdivide 17.87 acres into:
a. 58 residential lots (53 townhouses and 5 single
family);
b. 2 restaurant parcels (1 existing and. 1 for restaurant
parking; ,
c. 4 marina parcels (existing marina, marina fuel, 2
mar ina parking areas).;
d. proposed 36 room inn; and
e. 3 common area tracts (roadways, parking, utilities,
pond and open space areas).
. The proposal includes renovation of marina support facilities,
expansion of an existing man-made pond, parking,' landscaping with
new sand dunes, shoreline public access provisions, rip-rap rock
installation, and replacement of underground fuel tanks.
Variance ~equest: The Variance to requirements of Subsection
6.203 of the Subdivision Ordinance was withdrawn in light of the
Board's action to allow the variances to be considered under
provisions of the new .SubdivisionOrdinance.
Recommendations
APPROVE, subject .to conditions.
FINDINGS OF FACT
BACKGROUND INFORMATION
App6cana Pope Resources, represented by David cunningham, Vice
President.
App6can't's Addressa P.O. Box 1780, Poulsbo, WA 98370
Property Addressa Not available (adjacent to Oak Bay Road)
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.....<(".
Property Loeations The project site is located in the
unincorporated community of Port Ludlow between Oak Bay
Road and the existing marina. It extends easterly and
encompasses the entire restaurant, parking area, mill
pond, and spit south of the Ludlow Maintenance
Commission's "Beach Club."
Leg~D~ptions Portions of Government Lots l' and 2 within
Section 16, Township 28 North, Range 1 East, W.M.
Tax Parcel.Numbers 821 162 001 and 821 162 002.
ZoniDCs General Use
Comprehensive Plan Map Designations The Jefferson County
Comprehensive Plan optimum land use map designates the
site as a Suburban Area.
Property Descriptions The property contains 17. 87 acres. It is an
liLli-shaped property. It has considerable frontage on
the waters of Port Ludlow Bay. A restaurant ~nd marina
along with associated parking facilities have been
developed on the site. The proposed subdivision site
has a gentle to moderate slope toward the waters of
Port Ludlow Bay.
SurroUDcling COnditiollSl The area to the north has been platted and
developed as single family residential lots. The area
to the east consists of the Ludlow Maintenance
Commission "Beach Club." The property is bounded on
the south by the waters of Port Ludlow Bay. Currently,
the area to the immediate west is undeveloped.
Condominiums have been developed beyond the area
immediately west of th~ site.
Utilities and Servicess
lVaten Ludlow Water Company
Se~e~ Ludlow Sewer Company
Transportatiom---u-oi:ikBayRoad- and Jefferson Transit serve
the property.
~eFacUitiesl Storm water would be controlled on-site.
SChoobn Chimacum School District.
~en Fire Protection District #3
PROCEDURAL INFORMATION
Authorizble 0rdinancesI Jefferson county Hearing Examiner Ordinance
No. 1-0318-91, 'Section 12, and Jefferson County Subdivision
Ordinance 75-1, as amended, section 6, "Long Subdivisions."
Hearing Datel April 19, 1993. The public hearing was continued
to April 26, 1993, (with an action due date of May 10, 1993)
with the concurrence of the applicant's legal counsel to
allow the Examiner time to catalog the exhibits and the two
Environmental Impact Statements.
The Inn at Port Luct~ ITEM
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".-1.
d. SEPA Mitigated Condition 1.. (page 7 of the Development
Program FinalEIS Mitigations) The condition calls for Jefferson
County to determine appropriate mitigations if an agreement
cannot be reached with Chimacum School District. He argued for a
July 1, 1993 deadline for reaching that agreement.
e. SEPA Mitigated Condition 2. (page 7 of the Development
Program Final EIS Mitigations) The conditio~. calls for Jefferson
County to determine appropriate mitigations if an agreement
cannot be reached with Fire District. He argued for a July 1"
1993 deadline for reaching that agreement.
f. SEPA Mitigated Condition 4(b). (page 8 of the
Development Program FinalEIS Mitigations) requires a Water
Resource Monitoring Program.
g. Condition 21. (page 11 of the Staff Report) In rebuttal
to testimony by the Chimacum School District, he suggested that
the condition was vague regarding provisions for a school bus
turnaround.
Bill Reiss, an area resident for 40 years, testified in support.
He was originally concerned over the density and traffic flow -
especially to the Beach Club. He made his concerns known, and
Pope Resources redesigned the project. He recommends the new
plan.
Dave Bolotin, an area resident for only one year, felt he was not
being represented, and sponsored a meeting at his house. It
resulted in a petition, which he submitted as Exhibit 10 (see
below for language). He claimed support by 90% of the residents.
Georqe Randolf, an area resident for 25 years and property owner
for 44 years. Respects the work of staff. Notes that the
amenities were put in by Pope Resources - not the County.
Earl Reillv, an area resident for two years but came over by boat
for the past 30 to 40 years. Commented on the project's meeting
of the legiSlative intent of Shoreline Management Act.
Herb White, an area resident, -f,oJ:. .,,1...,1./2 years-. .,. Commended Pope
Resources for keeping people informed. Noted that they held
weekly meetings.
Bruce Halverson, an area resident for
see people support the project. Also
for bringing issues before everyone.
supports the project.
Cletus Gasson, an area resident for 10 years. He followed the
proposal over the past three years. Believes that Pope Resources
went out of their way to mitigate concerns.
Frank Siler, an area resident for 7 years. He argued that Pope
Resources listened. The project is less dense and better
designed.
David G. DOuqlas, an area resident for 18 years, spoke for the
Greater Port Ludlow Community Council (GPLCC). He explained that
the GPLCC is in support of development, provided that the EIS
conditions are met. He argued two issues are not resolved:
1-1/2 years. Pleased to
complimented the opposition
But in the end still
Ezhibitsa
,Exhibit A: Jefferson County Planning Department Report and
Recommendation, pages 1 through 11, plus SEPAMitigating
conditions, pages 1 through 9, from Inn at Port Ludlow 'proiect'
1--" -.--- Final EIS labeled as Exhibit A to "Oepartment----recommendations 9
and 10 at page 10. The following Attachments to the Staff Report
are identified in chronological order of origin:
1. Oct 3, 1991, letter from Fire Protection District No.3.
2. Oct 29, 1991, letter from Public Utility District #1.
3. Nov 7, 1991, letter f::::-om N . Bruce and Joan A. Hannay.
4. Nov 7, 1991, letter f::::-om Mary Maddox.
5. Nov 8, 1991, letter from Fire Protection District No.3.
6. Nov 13, 1991; letter from Jefferson County Health Department.
7. Nov IS, 1991, letter from Jerry Smith to JC Fire Dist. No.3.
8. Nov 19, 1991, letter:rom Fire Protection District No.3.
9. Dec 4, 1991. Jeffers~n County Long Subdivision Application,
revised and submitted Dec 9, 1991.
10. Dec 4, 1991. Request for Site Devel.opment Standard Variance and
received Dec 9, 1991.
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a. preparation of a Monitoring Plan. He recommends, a
monitoring plan and that it should be carried out by an expert
under the direction of t~e County.
b. He argues for a Fiscal Management Plan, and questions
the distribution of fiscal impact. He noted as an example that
this type of community does not generate fire district
volunteers, which in turn will result in a fiscal impact.
Herman Schweizer, also explained that GPLCC is not opposed to
development. He is pleased with the new plan, but has two
reservations:
a. Monitoring should be by the County - a third party.
b. Need for fiscal impact analysis. What about the
adequacy of water and who will pay. Same question related to
sewers.
Marcia Harris, Superintendent, Chimacum School District. She was
not testifying in opposition, but expressed concerned over
efforts to change the condition on negotiating an agreement.
Argues that there will be some students coming from ~he
development. The district wants safe walkway~ to. bus stops,
paths or alternative paths to Oak Bay Road.
A. Kent DeWitt, Fire Chief, Fire Protection District #3.
Presented a list of fire safety items (see Exhibit 12), which
would satisfy the district.
Oliver Garner. Believes pope Resources has done a fine job, but
also believes concerns expressed by the other speakers should be
taken into consideration. He disagrees with time limits being
imposed on negotiating 'unless agreed upon by all.
T"'>~ Inn at Port LUd10rO~ .G. 'TE M'
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11. Dec 19, 1991, letter from Mr. and Mrs. Alfred N. Larsen.
12. Oct 28, 1992, letter from Chima cum School 'District #49.
13. Apr 2, 1993. Reduced print of Preliminary Plat, The Inn at Port
Ludlow.
14. Apr 2, 1993. Jefferson County Long Subdivision Application.
15. Apr 2, 1993. Request for Site Development Standard Variance.
16. Apr 12, 1993, letter from ESM Inc., engineer the applicant.
17. Apr 14, 1993, Jefferson County Department of Public Works,
Inspectors Report.
18. ~ Apr 16, 1993, memo from Gary Rowe and Carter Renner.
Exhibit B: Preliminary Plat Map (full sheet), The Inn at Port
Ludlow, April 2, 1993.
Exhibit c: "Corrections" Staff Report, April 19,1993.
following Exhibits were submitted at the public hearing:
Letter from Ann Quantock, President, Protect Ludlow Bay
Committee, dated April 15, 1993.
Letter from Jeff Mamm, Jefferson Transit, dated April 19, 1993.
Slides
Port Ludlow Town Plan, June 15, 1967, excerpts.
Port Ludlow Hotel and Conference Center, color renderings.
Excerpt from Board of Commissioner's adoption in 1992 of Urban
Growth Area policies.
Letter/report from Pope Resources to Shoreline Management
Advisory Commission, Application Justification, dated
April 15, 1993.
Color rendering of Site Development Plan, no date.
Preliminary 'Plat map with ownership in color.
peci tion containing approxima't:e-ly-l-07 signatures to the'
following sta~ement:
The petLtion requesting an Environmental, Impact Statement (EIS)
submitted last year by the Greater Port Ludlow Community Council (GPLCC)
was directed at the Port Ludlow Inn Project. This EIS was then expanded
to include the entirety of all of the Port Ludlow development. We do
not take issue with the EIS process per se. We would, however, deplore
the use of the EIS by the GPLCC or others to stop future development of
Port Ludlow either directly or indirectly.
The GPLCC does not represent us. Rather, we support the concept of a
democratically elected/appointed group to represent the interests of all
citizens of Port Ludlow.
We support the continued development of Port Ludlow within the
guidelines of a reasonable EIS and controlled by an orderly and
expeditious County environmental review and permit process that includes
consultation and advice from a democratically elected/appointed group
that represents the interests of all citizens of Port Ludlow.
11. Letter from Mark S. Beaufait, attorney for the Port Ludlow
Co~unity Council, dated February 5, 1992, RE: 10 year plan.
The
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12. Letter from R. Kent DeWitt,. Fire Chief, Fire Protection District
#3, dated April 19, 1993.
13. Memo from Chimacum School District dated April 19, 1993,
"received after the public hearing but used during testimony.
FINDINGS AND CONCLUSIONS
The general criteria that a subdivision must satisfy are stated.
in Subdivision Ordinance sections 3.20 and 4.50, which state that
all proposed subdivisions of property must comply with the
Jefferson County Comprehensive Plan. The Hearing Examiner has
reviewed the proposal and the evidence of record with regard to
these sections and makes the following findings and conclusions:
1. The proposal will be consistent with the Jefferson County
Comprehensive Plan.
The Planning Department Report and Recommendation analyzes the
proposed development with regard to its consistency with the
Comprehensive Plan, in particular Countywide Gr9wthPolicies 1
and 4; Housing and Residential Development Policies 1, 3, 9, and
13; Commercial Development Policies 1, 2, and 3; and utility
policy 1. The Hearing Examiner hereby adopts the findings and
conclusions of the Planning Department stated in the Staff Report
as Findings and Conclusions 5 through 12 on pages 3 and 4.
2. The Jefferson County Subdivision Ordinance applies to the
proposal. The Planning Department Report and Recommendation
contains a detailed analysis of the proposed plat with regard to
its compliance with the several applicable provisions of the
Subdivision Ordinance. The Planning Department generally
concludes for each respective criteria that, subject to
,-conditions, the proposal is consistent~with -each criteria. The
Hearing Examiner hereby adopts the findings and conclusions of
the Planning Department stated in the Staff Report as Findings
and Conclus~ons 13 through 38 as summarized in the following
table of Ordinance sections:
PlANNING
SECTION TOPIC CONCLUSION
Conciguous ownership ~4
Lot design 15
SECTION
~3.30.1
~6.201.1
ADDED COMMENT
Each of the proposed lots are shaped
and sized to allow sufficient space
for construction of the proposed
attached townhouses. The mixed use
(residential, commercial, and
overnight lodging) features of the
proposal are supportive of such
existing uses as the marina,
conference center, restaurant, and
time-share condominiums and other
visitor activities at the site.
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Findi:t:.g5'0 C.onc'ry.gons.
and Recommenu.ation
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~6.203(3)
~6.203(4)
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~6. 203 (13)
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~6.205(1)
~6.301
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~6.303
~6.304
~6.305
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~6.307(2)
~6.309(1)
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~6. 50 (1)
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Comprehensive Plan
Local access roaqs
Access to public roads
Private road width
Cul-de-sac diameter
Road grades and curves
Road maintenance
Engineering design
Limited access ,issues
10% open space
Open space access
Utility easements
Road improvements
Drainage facilities
Bridge construction
Road signs
Water system
Sewage disposal systems
Fire protection
Fire hydrapts
Survey requirements
Inspection requirements 37
Bonding requirements - 38
34
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The proposed density of 3.25 per
gross acre is less than the allowed
density for the Suburban designation
of up to five dwelling units per
gross acre.
17
18
19
Subject to granting of the requested
variance, the proposal will be
consistent. The applicant proposes a
road right-of-way width of 32 feet.:
Subject to granting of the requested
variance, the proposal will be
, consistent.
20
21
22
Subject to granting of the requested
variance and conditions for
maintenance of the private road, the
proposal will be consistent.
Subject to' acceptanced of the private
road and verification of its
construction to County standards, or
the conditions of the variance, by
the Department of Public Works, the
proposal will be consistent;
The adjacent County road, Oak Bay
Road, is an arterial road. A single
access point is proposed.
The proposed open space areas within
tract "B" and "c" collectively
exceed the 1.8 acres of open space
required.
23
24
25
26
27
28
Subject to acceptance of the private
road and verification of its
construction to County standards by
the Department of Public Works, the
proposal will be consistent. All
road improvements are required to be
inspected by the Department of
Public. Work.sA.__.___.__ ___ ~____
29
30
31
32
The Ludlow Water Company water
system will serve the proposed
project with water.
Subject to confirmation of
compliance with State Health
Department regulations and
requirements.
33
The consul tan t involved in preparing
the preliminary plat is a licensed
land surveyor.
,.(- ,,;~ -.',;
Finciings, Conc.usiou$~-i' "i.
and Recommendation
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The following rIDdings and Conclusions address issues raised by neighbor5z
3. Department Recommended Condition 4:
The applicant was objecting'to the idea that the Board would
review the maintenance agreement, arguing that the document would
be a highly technical and legal document. He argued that it
would be more logical for the Prosecuting Attorney to approve the
document.
Subsection 6.203(13) specifies the Board as the approving body.
However, the Prosecuting Attorney would logically review the
document, thereby effectively addressing the applicant's
concerns.
4. Department Recommended Condition 5:
The applicant objected ~o the requirement that the open space
easement be granted in perpetuity, suggesting instead that a 50
year term would be more reasonable.
The applicable provision is as f~llows:
~6.204(1) Minimum area for parks, open space, greenbelt and
buffer strips shall be provided as ten (10) percent of the total
gross area of the subdivision with at least one-half (1/2) of
said area being suitable for active recreation pursuits.
The purpose of the requirement described in Section 6.204 is to
preserve such lands as the County develops. The Subdivision
Ordinance provides an alternative to the dedication of land by
allowing a "fee-in-lieu" of dedication. Such fee would be equal
to the market value of land in the development and would be used
for purchase of other land.
While the applicant's desire to retain some flexibility in the
future is understandable, the ordinance does not suggest any
policy to support less than a permanent dedication. Further, the
precedent set would be significant if the minimum 10% requirement
were allowed to be less than permanent dedications.
--5'':- Department Recommended C<?ndi tion 15 :."""'~~~'-_..-
The applicant objected to this and the two following SEPA
Mitigated Conditions. In each case an agreement with another
entity was to be negotiated. The applicant was not objecting to
any particular obligations that might result from an agreement,
but rather to possibility of a stalemate in negotiations.
In, the case of Condition 15, Fire Protection District No. 3 is
the other entity, and has been meeting with the applicant. ,The
fire district submitted a letter at the public hearing listing
their needs. The Fire Chief presenting the list implied that
they were in basic agreement. Applicant did not make rebuttal
testimony. Staff supported the list. This may not be an issue.
6. SEPA Mitigated Conditions 1 and 2:
The applicant is requesting that a time limit be imposed so that,
they can move forward to the Board of Commissioners to resolve a
possible stalemate in negotiations. Both conditions end with the
The~:::'1'" i:'~P~rtL'f1I,dI"'.' 'LOGITEM
LP-02-91 #~S Cj, - 9 -
Page .X? .-otLS7
mn~g~.,~V'''usiO!l5t,
and RecollUllendation
statement: In the event that the parties cannot agree, Jefferson
County shall determine the appropriate mitigation.
The'conditions envision the two public entities, School District
and Fire District, each negotiati~g in good faith and in a timely
manner. The heart of the problem might rest in the condition
itself which requires a separate negotiation. When issues are
minor, the process may work well. As the stakes increase,
however, negotiation can become more contentious. Maintaining a
balance to assure "arms length" negotiating is critical.
In the long run, the County may want to look for other methods to
achieve many of the necessary improvements without relying on
such negotiations - in other words, lower the stakes. In the
instant case the conditions provide for resolution by Jefferson
County~ Injecting a time limit would change the negotiating
balance without contributing to solving the negotiation. If the
applicant wishes, he can now approach the County. The County's
criteria in determining the mitigation must be based on the
impact being mitigated - not whether the other party is
negotiating in good faith.l
The conditions are best left as stated.
7. SEPA Mitigated Condition 4(b):
SEPA Mitigated Condition 4{b) calls for a Water Resources
Monitorino Prooramwhich would document the condition of several
aquifers. Two persons, David G. Douglas and Herman Schweizer,
argued that the geohydrologist to be hired by the' applicant
'should instead by hired by the County. Their arguments at the
pUblic hearing were brief, but were expressed much more
completely in the Final EISs (Letters 10 and 11 in the Project
FEIS and Letters 14 and 15 in the 'Program FEIS).
Technical specialists, such as geohydrologists, submit their work
to County and state agencies for technical review. There are
sufficient checks on the technical quality of the data to assure
proper studies without the added burden to the County of directly
,.._-,-"....hi-ring---the-sf)ecialists ...--'-~-"'-_.- ,- - ---.'- ,,-,,.-
The condition is adequate as stated.
8. Department Recommended Condition 21:
The applicant argues that the condition, below, is too vague:
21. The applicant shall contact Chima cum School District #40 for review
of school bus turnaround provisions, school bus loading and unloading
facilities, sidewalks, and accommodations for additional students.
Prior to final subdivision plat approval, the applicant shall submit the
recommendations of the school district to the Jefferson County Planning
and Building Department.
The condition does not indicate what the Department will do with
the recomrn~ndations of the school district - whether they will be
imposed on the applicant in their entirety or whether the
Department will select from among the recommendations. Also,
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For instance. the applicant and School District gave opposing accounts of whether or not there had
already been nE>gotiating meetings.
'1~.j;,'';ht4 at Pi~,', <Emu'~~'IT' EM
.'.'~. ", '\,;j "
LP-02-9I "s', 5j
rt_~ . ,
Pag€ta.to .of t=i7
- IO-
F'Uldiil~ cOJl~iUsi'dtis; '4
and Recommendation
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this condition overlaps with SEPA Mitigation Condition 1
discussed above.
The condition is vague, probably redundant, and should be
stricken.
9. Fiscal Management Plan:
Two persons, David G. Douglas and Herman Schweizer, argued that a
Fiscal Management Plan was needed to properly assess the future
fiscal impact on area residents.
Many of the issues raised are addressed in the FEISs, even though
SEPA does not require a fiscal or economic impact section. Their
concerns are g~nerally valid, but more appropriately directed to
comprehensive planning than a specific project proposal.
RECOMMENDATION
Based on the findings and conclusions above, it is the
recommendation of the Hearing Examiner to APPROVE the Preliminary
Plat Application of The Inn at Port Ludlow, subject to the
following conditions:
1. Based on the rules of Subsection 3.30(1), all of 'the
property identified as Parcel 821 162 001 within the
subdivision application is subject to the requirements of
the Subdivision Ordinance. The westerly portion of the site
shall be included within the final subdivision plat as a
platted subdivision lot, or as dedicated green belt/open
space.
2. The proposed roadway system shall be constructed to the
standards of the Jefferson County Department of Public
Works. All plans and specifications required shall be
submitted, reviewed and approved by the Department of Public
Works prior to construction.
-,"-J'~H' ---- An agreement for the continued maintenance__of~,"priva"t,e_...t:.o,.ggg,
shall be established either by recording of a separate
instrument and referencing said instrument, or by
establishment of said agreement by declaration on the large
lot subdivision plat.
4. Prior to'final plat approval, the applicant shall provide
for the maintenance of the private roads within the
subdivision. provisions for maintaining the private road
shall be approved by the BQard of Commissioners after review
bv the prosecutina Attornev.
5. The recreation/open space area of the proposal shall be a
minimum area of ten percent (10%) of the total gross area of
the subdivision. Open space dedications shall be
established by recording of a separate instrument, or by
declaration of dedication graphically shown on the final
long plat. The open space dedication shall be in
perpetuity.
'llle
LP-G2-91
oqor"';LDdl~"LOG ITEM _ 11-
#~~4
Page 4:~ ofts-z
Findi)'!!,~,s".CoD~lus!~~;~.
and Rccommendation
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Thei~'atPortLum6WLl1G ITEM
LP-oz..9X , ..') ~ . - u-
#0--.... .
page_c%.' Ofl52
6. Required easements for utility installation and maintenance
shall conform with the standards of Subsection 6.205(1) of
the Subdivision Ordinance. All utility easements shall be
made by a separate recorded easement, declaration of
easements, or dedication of easements, and by graphic
portrayal on the final long plat mylar.
7. All roads shall be constructed to'County Standards upon
approval of the Director of Public Works. All roads within
the plat, or necessary for access to the plat, shall be
constructed, ballasted, surfaced with crushed'rock and paved
in accordance with Jefferson County standards. All required
road construction must be approved by the Director of Public
Works prior to approval of the final plat.
8. The proponent shall submit an engineered drainage and storm
water plan and report to the Jefferson County Public Works
Department for review and approval. The drainage plan must
incorporate the storm drainage criteria of the W~shington
State Department of Ecology Storm Water Manaoement Manual
(current edition). The plan shall be reviewed and approved
by the County Department of Public Works prior to final plat
approval.
9. APPROPRIATE EIS MITIGATIONS FOR STORM WATER PER ATTACHED
EXHIBIT A.
10. APPROPRIATE EIS MITIGATIONS FOR EROSION CONTROL PER ATTACHED
EXHIBIT A.
11. Based on the requirements of Subsection. 6.303 of the
Subdivision Ordinance, prior to final plat 'approval, the
. design and con'struction of the 'pedestrian bridge across the
pond' shall be reviewed and approved by the Director of
County Department of Public Works.
12. All access roads shall be signed .in accordance with the
Department of Public Works standards for road name signs, as
per Subsection 6.304, of the Jefferson County Subdivision
Ordinance-No.,.~,l---7-5-,--as amended. . -"'--'~~~"~-"~" ,:,.:-~--=_.^,",-~,>:-,..~
13. Prior to final plat approval, the applicant shall submit
written certification from the water purveyor verifying
approval of the design to extend water service to the
proposal, from the community water system.
14. The design and construction of the Ludlow Sewer Company
sewer lines and connection to'the wastewater treatment plant
shall be in accordance with the Washington State Department
of Ecology requirements and approval. Prior to final plat
approval, the applicant shall submit written certification'
verifying compliance with applicable Department of Ecology
and Department of Health requirements.
15. Prior to final plat approval, the applicant shall contact
the local fire protection district and secure written
approval from the fire district regarding adequacy of fire
protection and ,available fire flows to serve the proposed
subdivision.
Fbl1ifitgS'l)cC)..c;b.siilii~.'
and Rec:ommeadatioD
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16. The applicant shall demonstrate the a fire hydrant.will be
placed within 300 feet of each lot. Fire hydrants shall be
located not more than 600 feet apart. The placement and
spacing of fire hydrants shall'be approved in writing by the
chief of Jefferson County Fire Protection District No. 3
prior to final plat approval.
17. In accordance with Ordinance 4-82, Section 5.40, Amendment
to the Jefferson County Subdivision Ordinance, the applicant
shall be required to pay all costs of work incidental to
approval of the subdivision before final approval is
granted.
18. Address plates for the lots shall be located in accordance
with Jefferson County 911 Emergency Locator System Ordinance
provisions.
1~. Applicant shall select road names in consultation wit the .
Department of Public Works to .avoid duplication of existing
road names.
20. The applicant shall comply wit all applicable mitigative
measures of the Final project/Program Environmental Impact
Statements issued by the Jefferson County Board of
Commissioners. The mitigative measures are attached and
identified as Exhibit A.
((%%~ ~he-a~~i~eaft~-shaii-eeft~ae~-eh~mae~m-Seheei-B~s~r~e~
#+9-rer-rev~ew-er-seheei-b~s-~~rftare~ftd-~rev~s~efts,-seheei
b~s-iead~ft~-aftd-~ftiead~ft~-rae~i~~~es,-s~dewai~s,-aftd
aeeemmeda-e~efts-rer-add~-e~eftai-s-e~deft-es~--Pr~er--ee-r~ftai:-.- .
s~bd~v~s~eft-~ia~-a~~revai,-~he-a~~i~eaft~-shaii-s~bm~~-~he
reeemmeftda~~efts-er-~he-seheei-d~s-er~e~--ee-~he-aerrerseft
ee~ft~y-Piaftft~ft~-aftd-B~~id~ft~-Be~ar-emeft~~))
DATED this 10th day of May, 1993.
.~ 4'ITS..l:
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Jrv Berteig
HeariDg EJrannner Pro Tem for Jefferson County
A copy or notice of this Recommendation was transmitted on the
day of May, 1993, by the Jefferson County Planning
Department to the following:
The --n at" ....~".. · 'ad1o~'"
..... - .. i'
LP-O%-9% -OG ITEM . %3.
#~~9
Pa~ofJ5.2
ttlIldings, Ca'- t;"~~!'doas,
and Reconamenclation
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E. ~ n i bi 1- . ;Z
LOG ITEM
# A9q
Page 9J of+27
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,.,~:~ t. C:~ECURY
:~--;^SOi C~;j~r'( AUDITOR
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c.37Za:1C .
KASTER DECLARATXOH OF
COVENANTS, CONDXTXONS, RESTRXCTXONS, ASSESSXEHTS,
CHARGES, LXENS, RESERVATIONS AND EASEMENTS FOR
LUDLOW BAY VILLAGB
./
JUH-,.-ot9S1t .
..,.Oi. 507 ~~c 184
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SA~L>>.;/.~ ":':-'_:~~D
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lOG ITEM I
# 2-59
Page~of(S7 ·
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... Rer".:urded to insert Exhibit A.
VOtr--~16-~195-
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TABLE OF CONTENTS
MASTER DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS, ASSESSMENTS,
CHARGES, LIENS, RESERVATIONS AND EASEMENTS FOR
LUDLOW BAY VILLAGE
SECTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14 '
1.15
1.16
1.17
1.18
1.,19
1. 20
1.21
1. 22
1.23
1. 24
1. 25
1. 26
1. 27
1. 23
1.29
1. 30
ARTICLE I
DEFINITIONS
Annual Assessment
Architectural Review committee
Article!i
Assessable Property
Assessment Lien
Associations
Board
Bylaws
COl!llllon Areas
Covenants
Declarant
Developer
Dwelling Unit
Exe!hpt Property
Governing Documents
Inn
Lot
Ludlo,"
L\,;dlow
MasteL
Ma:;t.er
Member
MemberShip
Occupant
owner
Reside:lt
Single-Family
special Assessment
Town Home Association
visible From Neighboring Property
Bay Village
Bay village
Assoc~ation
Declaration
Rules
D~sign Standar~s
l(JG ITEM
#~59, '"
-~~:3:i ..of tS7
~ 507 Fr.~ 185
~. 506.rf...( 700
~
2
2
2
2
2
2
2
3
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3
3
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3
3
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4
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4
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2.1
2.2
section
ARTICLE 2
PROPERTY SUBJECT TO MASTER DECLARATION
General Declaration creating Ludlow Bay
Village
Associations Bound
ARTICLE 3
EASEMENTS AND RIGHTS OF ENJOYMENT
IN COMMON AREAS
3.1 Easements of Enjoyment
ARTICLE 4
LAND USE CLASSIFICATIONS, PERMITTED USES AND RESTRICTIONS
Section
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10'
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
Archi.tectural Control
Animals
Teruporary Occupancy and Temporary Buildings
Storage Sheds and Outside Storage
Nuisances: Constr~ction Activities: Hazardous
Activities: Lighting
Repair of Structures
Antennas, Satellite Dishes and Cable
Television
Trash containers and COllection
Clothes Drying Facilities and Playg~ound
Equipment
Machinery and Equipment
Signs
Restrictions on Further Lot Subdivision,
Property Restrictions and Rezoning
Restrictions on Residential Rental
Utilities and Utility Easements
Walls, rences and Hedges
Trucks, Trailers, Recreational VehiCles,
Campers or Boats
Motor Vehicles
Parking
Right of Entry
Unnatural Drainage
No Prefabricated, Modular or Manufactured
Housing
L()G ITEM
:a~ of I?],,, 507 ,d8~
'to, '5tJ6~
10
10
10
11
11
12
12
13
13
13
13
14
14
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6
6
7
8
8
8
8
9
9
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4.22
4.23
4.24
4.25
section
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Section
6.1
6.2
section
7.1
7.2
7.3
7.4
7.5
7.6
7.7
.7. a
7.9
7.10
.,
Additional Wells.
Pesticides, Herbicides and Fungicides
Declarant's Exemption
Disputes
1,4
14
14
14
ARTICLE 5
ORGANIZATION OF THE ASSOCIATIONS
Formation of th~ Master Association
Fo~ation of the Town Hom~ Association
Ludlow Bay vHtage Rules
Non-Liability of Officials and
Indemnification'.
Managing Agent
Records and Accounting
~nspection of Books and RecOrds
15
17
19
20
20
21
21
ARTICLE 6
MEMBERSHIP AND VOTING
Master Association .
Town Home Assopiation
21
22
ARTICLE 7
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
creation of Lien and Personal Obligation of
Assessments
Annual Assessments
Determination of Annual Assessment
Rate of Assessment
superiority of Assessment Lien
Maximum Annual Assessment
Special Assessments for capital Improvements
and Extraordinary Expenses
Billing and Collection Procedures
Collection Costs and Interest on Delinquent
Assessments
Evidence of Payment of Annual and special
Assessments
LOG ITEM
:# 29C(
paQe?;q=~oflS7
vo~ 507 rr.~c 187
iii
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~.11 Property Exempted From the Annual and
special Assessments
7.12 Declarant Subsidy
LOGITEf\4
:ait.fl.-,OflS7
VOl . 507 r:...t 188
section
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.8.1
8.2
8.3
r
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8.4
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section
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9.1
9.2
9.3
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section.
10.1
10.2
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10.3
10.4
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10.5
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ARTICLE 8
ENFORCEMENT OF PAYMENT OF ANNUAL AND
SPECIAL ASSESSMENTS AND' OF ASSESSMENT. LIENS
Master Association As Enforcing Body 27
Associations' Remedies to Enforce Payment o~
Annual and Special Assessments 27
Subordination of Assessment Lien to First
Mortgage; Priority Lien 28
suspension of Membership 28
ARTICLE 9'
USE OF. FUNDS AND BORROWING POWER
Purposes for Which The Associations' Funds
May Be Used
Borrowing Power
Associations' Rights in Spending Funds From
Year-to-Year
ARTICLE 10 .
MAINTENANCE AND OTHER RESPONSIBILITIEs
OF THE OWNERS AND ASSOCIATIONS
Maintenance Responsibilities of the
Master Association
Maintenance Responsibilities of the
Town Home Association
Maintenance Responsibilities of Sin91e-
Family Lot and Commercial Property Owners
M~ster Association Authority to Direct'
Maintenance and Repair
Assessment of Certain Costs of Maintenance
And Repair
iv
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28
28
28
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29
30
30 ,
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14.1 Maintenance Easement 38
14.2 Future utility Easements 38
14.3 Access and Use Easements within. the
Town Home Lots 38
14.4 Rights of Declarant Incident to construction 39
14.5 Easements Deemed created 3'
Section
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11.1
11.2
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11.3
i1.4
11.5
11.6
11.7
11.8
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Section
12.1
12.2
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section
13.1
13 .2
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PE~gej~(p of {57
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ARTICLE 11
ARCHITECTURAL coNTROL
Lots subject to LudloW Maintenance
commission Architectural Review 32
Establishment of Master.Association
Architectural Review ~ommittee 33
Review by committee' 33'
Appeal . 34
Fee 34
Ludlow Bay village Design Standards 34
violation of Approved Plans of the Committee 34
Non-Liability for Approval of Plans or
Directions Regarding Maintenance and Repair 35
ARTICLE 12
RIGHTS AND pOWERS OF THE ASSOCIATIONS
Rights and powers . 35
contracts with Others for Performance of
the Associations' outies 35
ARTICLE 13
INSURANCE
Insurance on Common Areas
Insurance on other properties
36
37
ARTICLE 14
EAS~NTS
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ARTICLE 15
cONDEMNATIOJl
15.1 A~tions and AWards
19.1 Interpretation of the Covenants
LOct91tEM Severability
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16.1
16.2
16.3
section
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17.3
Section
18.1
18.2
18.3
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ARTICLE 16
PUBLIC ACCESS
Public Use and'Access
Grant of Public Use and Access Easement
Public Access Use Restrictions
ARTICLE 17
LUDLOW MAINTENANCE COMMISSION
Town Home And Single-Family Lots
subject to Membership in Ludlow
commission
Assessments and Liens
Architectural Review
~ICLE 18
TERM: AMENDMENTS; TERMINATION
Term; Method of TerDination
Amendments .
Right of Amendment Xf Requested by
Governmental Agencies or Lending
Institutions
ARTICLE 19
MISCELLANEOUS
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19.4
Rule Against Perpetuities .
References to the Kaster Declaration in
Deeds
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MASTER DECLARATIOX OF
COVENANTS, CONDITIONS, nSTRICTIONS, AS SE BSXEJl'l" ,
CHARGES, LIENS, RESERVATIONS AND EASEHENTS ro.
LUDLOW BAY VILLAGE
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THIS MASTER DECLARATION of Covenants., Conditions,
Restrictions, Assessments, Charges,' Liens, ReserVations and'
Easements (hereafter referrid to as "the Master Declaration"} i.
made this ..d.5..fu. day of 1~, 1994, by POPE RESOURCES, A Delaware
Limited Partnership (hereInafter referred to as "Declarant").
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..ITNESSETB:
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WliEREAS, Declarant is the Developer and Owner of certain
rzal pr.operty located in Jefferson County, \.:dshington, consisting
of 17.87 acres, legally described in E~~lbit A, attached hereto
and incorporated herein by this reference, which is located in
the unincorporated community of Po~t Ludlow (hereafter referred
to as "Ludlow Bay Village"), Dr'.~lOlrant intends to incorporate a
mix of uses within Ludlow Bay Village, including a restaurant,
marir.a, )6 room "Inn at Ludlow Bay," 5) residential town home:s
a~d 5 single family residences; and
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WHEREAS, Declarant intends to dedicate portions of Ludlcw
Bay Village for limited public use and access; and
WHEREAS, Declarant desires to 'form two nOil-profit
corporations, lIc1UIC::.j a (1) Mas'i:eF Association, the "Ludlow Bay
Village Association" (hereafte:r referred to as "Master
~Association"), ...hich is intended to provide for the management
and naintenance of the overall Ludlow Bay Village, including all
Co=on Areas; and (2) Town ..'iome Association, the "Town Homes At
Ludlow Bay Association" (hereaft~r referred to as ."Town Home
Association"J,w~ich is intended to provide for the management
and ma,intenance of the 5) residential tc....n homes within Ludlow
8ay Village (the Master Association and To~n Heme Association may
be collectively referred to herein sometimes as "the
Associations"); and
WHEREAS, Declarant wishes to subject Ludlow Bay village to
the covenants, conditions, restrictions, assessments, charges,.
liens, reservat ions and easements set forth in this Kaster
Declaration (hereafter referred to as "Covenants"); and
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WHEREAS, in order to cause the Covenants to run with the
property comprising Ludlow Bay village, and to be binding thereon
and upon the Owners, Residents and occupants thereof from and
MASTER DECLARATION - I
LC>G ITEM
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after the date of =ecordation of this Master Declaration,
Declarant hereby :akes all conveyances within Ludlow Bay village,
whether or not so provided therein, subject to the Covenants
herein set fo~th; and by accepting deeds, easements or other
grants or conveyances to any property within LudlOw Bay village,
the owners, Residents and other transferees for themselves and
their heirs, executors .and <\dministrators, trustees, personal
representatives, successors and 'assigns, agree that they shall be
personallY and collectively bound by all of the Covenants
(including but .not limited to the obligation to pay assessments)
hereinafter set forth.
NOW, THEREFCAE, DECLARANT hereby declares as follOws:
ARTICLE 1
DEFINITIONS.
The words, phrases or terms used in this Master Declaration
shall have the following meanings:
section 1.1 "Annual Assessment" shall. mean the charge
levied anc. assessed each year against each Lot pursuant to
Article 7 of this Master Declaration.
section 1.2 "Architectural Review committee" shall mean the
committee of the Master Association to be created pursuant to
Article 11 of this Master Declaration. .
section 1.3 "Articles" shall mean the Articles of
Ihcorporation of the Associations as the same may fromtime-to-
time be amended or supplemented.
section 1.4 "Assessable property" shall mean all property
~ithin Ludlow Bay village, including, but not limited -to
residential town home and single family lots, marina, restaurant
and Inn, except any portiori of Ludlow Bay village designated
herein as E~mpt Property.
Section 1.5 "Assessment Lien" shall mean the lien created
and imposed by Article 7.
section 1.6 "Associations" shall mean the Ludlow Bay
Village Association and the Town Homes At Ludlow Bay Association,
both of which are Washington non-profit corporations, organized
by Declarant to exercise all rights, powers and duties set forth
in this Master Declaration and other Governing Documents.
Section ~.7 "Board" shall mean the Board of Directors of
the Associations.
MASTER DECLARATION
LtJG ITEM
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Section 1.S"Bylaws" shall, mean the Bylaws of the
Associations as the same. may from tim~-to-time be amended or
supplemented.
section 1.9 "co_on J.reas" shall mean Tracts A, B, C, D and
E as shown on the face of the map of Ludlow Bay village, which
shall remain open sp.ace in accordance' with the terms aJld
conditions set forth herein, for the life of the project.
Thereafter, use of the Common Areas shall be at the discretion of
the Master Association Board.
section 1.10 "covenants" 'shall mean. the. covenants,
conditions, restrictions, assessments, charges, liens,
reservations and easements set forth in this Master Declaration.
Section 1.11 "Declarant" shall mean pope Resources, A
Delaware Limited Partnership: organized under the laws of the
state of Delaware.
section 1.12 "Developer" shall mean and refer to Pope
Resources, A Delaware Limited Partnership.
section 1.13 "Dwelling unit" shall mean any building or'
portion of a building, including a town home or single-faDIily
residence, situated upon a LOt designed and intended for use and
occupancy as a residence.
section 1.14 "Exempt property" shall mean the following
portions of Ludlow Bay village:
(a) All land and improvements owned by or dedicated
to and accepted by the United States, the State of
Washington, Jefferson County, or any political
subdivision thereof, for as long as any such
governmental entity is the owner thereof or for so
long as said dedication remains effective: and
(b) All CODon Areas.
Section 1.15 "Governing Documents" shall mean this Master
Declaration, the Articles and Bylaws of the Associations, any
applicable Ludlow Bay Village Rules, LudloW Bay village Design
standards, and any subsequent amendments to said documents.
section 1.16. "Inn" shall mean the new Inn at LUdlow Bay,
which is being constructed on the property subject to this Master
Declaration.
section 1.17 "Lot" shall mean any area of real property
within Ludlow Bay village designated as a residential town home
or singl~ family resid~ntial Lot by any appropriate means of
LOOTr~~TION - 3
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governmental approval recorded or' approved by Declarant, together
with all appurtenances, improvements, and residences now or
hereafter built or placed on the Lot.
section 1.18 "LudloV' Bay village .Rules" shall. mean the
rules. fOr Ludlow Bay village established or adopted by the
Declarant or Kaster'Association Board pursuant to Article 5.
section 1.19 "LudloV' Bay Village Design standards". shall
mean the Ludlo.... Bay village design standards established. or
adopted by the Declarant or Kaster Association Board as set forth
in Article 11. .
Section 1.20 "Kaster Association" shall mean the Ludlow Bay
village Association, a Washington non-profit corporation.
section 1.2'1 "l!:aster Declaration" shall mean this Master
Declaration of covenants, Conditions, Restrictions, Assessments,
Charges, Servitudes, Liens, Reservations and Easements, as
amended or supplemented from time-to-time.
section 1. 22 "Kember" shall mean any person holding a
Kem.bershi~ in the AssociatiOns pursuant to this Kaster
Declaration. Members of the Master Ass~ciation shall, without
exception, mean and refer to the O....ner(s) of any Lot, .the marina,
the restaurant and the Inn. Members of the To....n Home Association
shall, ....ithout exception, mean and refe~ to the Owner(s) of any
Tovn .home Lot. Membership shall be appurtenant to, and cay riot
be separated from, o....nership.of land within Ludlow Bay village.
Section 1.23 "Membership" shall mean a MemberShip in the
Associations.
Section 1.24 "Occupant" shall mean any person rightfully
occupying a Lot or other property ....ithinLudlow Bay village.
section 1.25' "owner" shall mean the record o....ner ot.a fee
simple interest in any Lot or other property ....ithin Ludlow Bay
village, but excluding anyone ....ho holds such title merely as
securi ty. Purchasers and their assignees under recorded real
estate . contracts shall be deemed Owners as against their
respective sellers or assignors.
Section 1.26 "Resident" shall mean:
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(a) An O....ner actually residing in a residential
town home or single-family residence located on a
town home or single-family residential Lot within
Ludlow Bay village;
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(b) Members of the immediate. family of each Owner
actually living in the same household within Ludlow
Bay village with such owner: and
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(c) Tenants/Renters actually residing' within a
residential town home or single-family residence
located on a town home or single-family residential
Lot in accordance and compliance with the terJllS and
conditions of this Master Declaration.'
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Se<::tion 1. 27 "Single-J'aJIlily" shall mean a group of one or
more persons each related to the other by. blood, marriage or
legal adoption., or a group of persons not so related, but within
the occupancy limitations established by Jefferson County, who
maintain a common household in a Dwelling Unit. For purposes of
this Master Declaration, "single family" shall also. include a
corporation, partnership or other entity that owns a town home or
single family residence within Ludlow Bay village for use by its
directors, shareholders; employees, guests and invitees;
provided, that this definition shall not include any corporation,
partnership or other entity formed for the purpose of cooperative
or communal living purposes to circumvent the intent of this
Section.
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section 1.28 "special Assessment" shall mean any assessment
levied and assessed pursuant to the special Assessment provisions
of Article 7.
Section 1. 29
Homes At Ludlow
corporation.
"Town Home Association" shall mean the Town
Bay Association, a Washington non-prOfit
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SBction 1.30 "visible .prom Neighboring property" shall
mean, with respect to any given object, that such ?bject is or
would be visible to a person six feet tall, standing at ground
level o~ any part of a Lot or otner property within Ludlow Bay
Village. .
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. ARTICLB 2
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PROPERTY SUBJECT TO MASTER DECLARATION
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Section 2.1 General Declaration creating Ludlow Bay
village. Declarant intends to develop Ludlow Bay village into a
m~x of commercial and residential uses. Declarant hereby
declares that ~ll of the real property within Ludlow Bay Village
is and shall be held, conveyed, encumbered, occupied, built upon
or otherwise used, improved or transferred, in whole or in part,
subiect to this Master Declaration, as amended from time-to-time.
This Maste~ Declaration is declared to be in furtherance of a
general plan for the overall improvement of Ludlow Bay Village
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and is established for the purpose of enhancing' and perfecting
the value, desirability and attractiveness of Ludlow Bay village.
This Master Declaration, as hereafter may be modi.fied or aJIlended,
shall run with all property within Ludlow Bay Village and shall
be binding upon and inure to the benefit of Declarant, the
Associations, all O\lIlers, Residents and. Occupants, and their.
successors and assigns. However, nothing in thiG Declaration
shall be construed to pr-event Declarant from dedicating or
conveying portions of Ludlow Bay village, such as streets,
portions of the Common Areas and/or easements to any governmental
entity.
Section 2.2 Associations Bound. This Master Declaration
shall be binding upon and shall benefit the Associations upon
issuance of certificates of Incorporation for the Associations by
the state of washington.
ARTICLE 3
EASEMENTS AND RIGHTS OF ENJOYMENT
IN COMMON AREAS
Section 3.1 Easements Of Enjoyment. Every OWner, Resident,
Occupant and Member of the Master Association shall have a non-
exclusive right and easement cf enjoyment in and' to the Common
Areas, which easement shall be appurtenant to and shall pass with
the title to all property within Ludlow Bay village, subject to
the following provisions:
3.1.1 The right of the Master Association to suspend
the voting rights and right to use of the Common Areas by any
Member (i) for any period during which any Assessment against
such Owner's property remains delinquent: (ii) For a period not
to exceed sixty (60) days for any infraction of this Master
Declaration, Ludlow Bay Village Rules or Ludlow Bay village
Design Standards; and (ij i) for successive sixty (60) day periods
if any such infraction is not corrected during any prior sixty
(60) day suspension period;
3.1.2 The right of the Master Association to dedicate,
grant ot' transfer such permits, licenses and easements for
util ities, roads, public use and access and/or other purposes
consistent with the intended use of the Common Areas or as
otherwise provided in this Master Declaration, and reasonably
necessary or desirable for the proper use, maintenance .or
operation of the Common Areas;
3.1.3 'rhe right of the Master Association to regulate,
through Ludlow Bay Village Rules, use of the Common Areas as set
forth herein. The Master Association shall have the right to
implement normal behavior standards and reasonable use
MASTER DECLARATION - 6
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restrictions with regard to .the Common Areas, including, but not.
limited to, the right to regulate the number of guests, hours and
uses of th~ Common Areas, and restrict or prohibit pets,
vehicles, alcohol consumption and/or loud music. In addition,
the Master Association ~hall have the right to restrict access to
those portions of the Common Areas, such as drainage easements
and/or ponds and/or steep. slopes, that are not intended for
general use: provided, however, that it is expressly understood
that the Master Association shall not restrict use of the common'
Areas by guests of the.Inn or the port Ludlow Marina beyond those
restrictions a?plicable to all OWners;
3.1.4 The right of Declarant, reserved hereby, to non~
exclusive use of all Common Areas for display, sales,
promotional, and other purposes deemed useful by Declarant and
its agents and representatives in advertising or promoting Ludlow
Bay village. This right shall permit Declarant to allow
unlimited use of the Common Areas by guests and prospective
purchasers.
ARTICLE ~
LAND USE CLASSIFICATIONS,'PERHITTED USES AND RESTRICTIO.S'
The follow1ng covenants ,conditions and restrictions are
hereby imposed upon all properties ....ithin Ludlo.... B:1Y village:
section 4.1 Architectural Contr.:ll. No improvements,
alterations, repairs, excavation, grading, removal of trees with
base trunk diameter exceeding six inches (6"), landscaping or
other work which in any way alters the ex~erior appearance of any
property within Ludlow Bay village, or the improvements located
thereon, from its natural or Declarant improved condition
(existinq as of completion of Declarant I s -construction thereon or
improvements thereto) shall be made or performed ....ithout complete
compliance with Ludlow Bay village Design StandardS and prior
written approval of the Archit~ctural Re\-iew Committee. All
subsequent additions to, changes or alterations in ant buirding,
structure, including exterior color scheme, o~ landscaping and
all changes in the grade of any property within Ludlow Bay
village, shall be subje.ct to complete compliance with Ludlow Bay
Village Design standards and prior ....ritten approval of the
Architectural Revie.... Committee. No changes or deviations in or
from the plans and specifications once approved by the
Architectural Review Committee shall be made without prior
written approval of the Architectural Revie.... Committee. All
original construction as well as any modifications or additions
thereto as shall be constructed by Declarant shall be exempt from
the provisions of this Section.
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section 4.2 Animals. No animal, bird, fowl, poultry 9r
livestock, other than one (1) generally recognized house or yard
pet ("Pet"), shall be mairitained on any Lot and then only ir' it
is kept thereon solely as a domestic pet and not for commercial
purposes. NO Pet shall be allowed to make an unreasonable aJlount
of noise or to become a nuisance. No structure for the care,
housing or confinement of any Pet shall be maintained outside of
any Dwelling Unit, nor shall any pet be permitted to be housed or
kept out~oors~ Each Owner shall be responsible for the removal
and disposal of all solid animal waste' of his Pet froa any
property within Ludlow Bay village. No Pet shall be permitted on
any property within Ludlow Bay village, other than the owner's
Lot, unless controlled on a leash or similar device. Upon the
written request of any Member, the Master Association Board shall
conclusively determine, in its sole and absolut.e discretion,
whether for the purposes of this section a particular animal,'
bird, fowl, poultry or livestock is a nuisance or a generally
recognized house or yard pet and whethe::- there has been a
viol~t:onof thi~ section. Any decision rendered by the Kaster
Association Board shall be final and binding and enforceable by
Court injunction and/or any other remedy provided by Washington
law.
section 4.3 Temporary Occupancy And Temporary Buildings.
No travel or other trailer, camper or canopy, recreational
vehicle, boat, basement of any incomplete building, shed, tent,
shack or garage, and no temporary b~ildings or structures of any
kind, shall be used at any time for a residence, either temporary.
or permanent.
section 4.4 storage She~s ~n~ outside'Storage. No storage
buildings or sheds, whether prefabricated, metal or any other
construction whatsoever, whether permanent or temporary, shall be
moved, placed, assembled, constructed or otherwise maintained on
any Lot. furnit1lre, fixtu-res, appliances, or other goods not in
active use shall not be stored on any property within Ludlow Bay
Village in such manner that such items are Visible From
Neighboring Property.
.
section 4.5 Nuisances: Construction ~ctivities: Hazardous
Activi ties: Lighting. No rubbish or other debris of any. kind
shall be placed or pernitted to accumulate upon or adjac'ent to
any property within Ludlow Bay Village, and no odors or loud
noises shall be permitted to arise or emit from any property
within Ludlow Bay village so as to render any such property or
any portion thereof, or activity thereon, unsanitary, unsightly,
offensive or detrimental to any other property within Ludlow Bay
village or to the occupants of slIch property. No other nuisance,
unsafe or hazardous activity shall be permitted to exist or
operate upon any property within Ludlow Bay Village so as to be
offensive or detrimental to any other property within Ludlow Bay
MASTER DECLARATION- 8
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Villllge or Occupants thereof. Normal construction activities and
parking in connection with the building of iJllpJ;ovements .shall not
be considered a nuisance or otherwise prohibited by this Kaster
Declaration. The Master Ass()ciation Board in its sole discretion
shall have the right to determine the existence of any nuisance,
which decision shall be binding and enforceable. without
limiting the generality of the foregoing,' no firearms shall be
discharged within Ludlow Bay Village, and no explosives of any
kind shall' be discharged or stored upon any property within
Ludlow Bay village or permitted within Ludlow Bay village;
prov ided, however, that the Master Association Board may consider
permission on a case-by-'-case basis, at its sole discretion~ with
regard to promotional activities, such as fireworks displays and
similar extraordinary events. Further, the Declarant, and Its
employees, agents, representatives or contractors, shall be
entitled to store and discharge explosives, if necessary, with
regard to development of Ludlow Bay village. No open fires shall
be lighted or permitted on the Lots, except in a contained
outdoor fireplace or barbecue unit while attended. Artificial
outdoor lighting on Lots shall be arranged so that the light is
shaded and otherwise directed away from adjoining properties and
so that no more than one foot candle of illuminat'ion leaves the
Lot boundaries.
section 4.6 Repair Of structures. No structure on any
property within Ludlo.... Bay village shall be permitted to fall
into disrepair and each such structure shall at all times be kept
in good condition and repair and adequately painted or otherwise
finished. In t~e event any structure is damaged or destroyed,
then, subject to the approvals required herein, such structure
shall be immediately repaired and rebuil.t, unless otherwise
provided in this Master Declaration.
section 4.7 Antennas, Satellite Dishes .And Cable
Television. No antenna, ~atellite dish or other similar device
for the transmission or reception of television or radio
(including ham radio) signals or any other similar device shall
be erected, used or maintained outdoors on any property within
Ludlow Bay village; provided. that the Master As~~ciation Boatd
shall have the.right to designate a specific location within the
CommQn Areas for the placement of any such device if (1) the
device is intended to service Ludlow Bay Village in general, such
as a community satellite dish; and (2) the device is adequately
screened in the opinion of the Master Association Board. It is
expressly declared that Declarant or the Master Association will
likely establish either satellite service or' cable television
service during the initial development of Ludlow Bay village. If
so, then each Lot shall be required to connect to said system and
pay periodic fees, if applicable, for said service.
Notwithstanding anything to the contrary herein, in the event
that advanced or future technology is available such that
~TERDECLARATION - 9
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antennas, satellite dishes or other similar. devices can be
adequately screened and made aestheticallY pleasing , then the
Master Association Board, at its sole discretion, may modify thi.
covenant regarding such devices. .
section 4.8 Trash containers ADd collection. No trash or
other debris shail be placed or kept on any property with:in
Ludlow Bay village, except in covered sanitary containers of a
type and size which are approved by the Architectural Review
committee. with regard to Lots, Declarant or the Master
Association may establish a trash collection procedure that will
apply to all, or a portion Qf, ~he Lots. This procedure must be
followed, unless alternative arrangements are established by the
Master Association. with regard to other property within Ludlow
Bay Village, all trash collection containers shall be properly
screened, such that they are not visible FrOm Neighboring
Property, except during brief periods of collection. No outdoor
incinerators shall be kept or maintained on any Lot.
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section 4. 9 clot~es Dryinq FacH i ties ADd
Equipment. No outside clotheslines or other outside
for drying or airing clothes; and no playground
including, but not limited to, swing sets, slides and
shall be maintained on any.Lot.
Playground
facilities
equipment
sandboxes,
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section 4.10 Machinery ADd Equipment. No machinery or
heavy equipment of any kind shall be placed, operated or
maintained upon any Lot, except (i) such machinery or equipment
as is usual and customary in connection with the use, maintenance
or construction (during the period of construction) of a Dwelling
Unit, building, appurtenant structures, improvements or grounds
maintenance; or (ii) that which Declarant or the Master
Association may require for the operation and maintenance of any
portion of Ludlow Bay vill~ge.
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section 4.11 signs. No signs whatsoever which are Visible
From Neighboring Property shall be erected or maintained on any
Lot except:
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(i) Signs required by legal proceedings, or political
election signs (mus~be removed immediately after the election),
and then the sign shall not exceed 18" x 24" anq shall only be
permitteq if affixed to the dwelling, unless othenlise mandated
by Court or Wa~hington law;
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(ii) One "For Sale" or "For Rent" sign not exceeding
18" x 24" in area, provided that any such sign shall be affixed
to the dwelling (no yard or post signs shall be permitted);
(iii) One identification sign for individual
residences not exceeding 6" x 12" in a location designated by the
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MASTER DECLARATION - 10
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Declarant or approved by the Architectural Review Committee:
and
(iv) signs of Declarant or signs authorized by
Declarant for placement on any property within Ludlow Bay
Village. All such signs shall be removed by the OWner promptly
upon completion of'their intended use.
Section 4.12 Restriction On Further Lot Subdivision,
property Restrictions And Rezoning. No Lot within Ludlow Bay
Village shall be further subdivided. NO portion less than allot
any such Lot, nor any easement or other interest therein, shall
be conveyed or transferred by an Owner: provided, however, that
undivided joint ownership is permitted. Notwithstanding the
above, this provision shall not, in any way, limit Declaranttrom
subdividing or separating into Lots any property within Ludlow
Bay Village at any time owned by Declarant or from subdividing
the same. No further covenants, conditions, restrictions or
easements shall be recorded by any Owner or other person against
any Lot without the provisions thereof having been first approved
in writing by the Master Association Board, and any covenants,
conditions, restrictions or e~sements recorded without such
approval being evidenced thereon shall b::! null and void. No
application for variances, or special or conditional use permits
shall be filed with any governmental authority unless the
proposed use of the Lot has been approved by the Kaster
Association Board and the proposed use otherwise complies with
this Kaster Declaration, as maY be amended from tima-to-time.
section 4.13 Restrictions On Residential Rental.
4.13.1 Except as otherwise provided in subsection
14,13.2, the entire Dwelling Unit may be let to a single family
tenant from time-to-time by the Own~r: provided, such tenancy
shall not be less than six (6) consecutive months to the same
tenant. No subletting shall be allow~d, All leases and rental
agreel!lents shall be in writing and specifically shall state (1)
that they are subject to each and evp.ry requirement, covenant,
condition and restriction of this Master Declaration and other
Governing Documents, (2) that any' failure by the tenant to comp'ly
\~ith the terms of the Governin~ Documents shall be'a default
under the lease or rental agreement, and (3) that the Owner
grants t6 the Master Association Board and its Managing Agent, it
any, the authority to evict the tenant on the Owner's behalf tor
such default, upon only such notice as iz required by law. It
any lease or rental agreement does not contain the foregoing
provisions, such provisions shall nevertheless be deemed to be a
part of the lease and binding upon the Owner and the tenant by
reason. of inclusion in this Master Declaration. Neither the
Master. Association Board, nor its Managing Agent, if applicable,
shall he liable to the Owner or the tenant. for any p.viction under
MASTER DECLARATION - 11
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this subsection that is made in good faith. Copies of all l~
and rental agreements shall be delivered to ~e Kaster
Associ~tion office prior to .commencement of any tenancy-
4.13.2 In additioh to the longer terDI rental pe.raitted
by subsection 4.13.1, short term rental, def ined as daily, weekly
or monthly, shall be permitted on town home Lots TH 1 through.TH
13; provided that all arrangements for short term rental shall be
made only through the Inn and subject to all terms and conditions
impos~ by the Inn for such rental.
sectioD 4.14 utilities And utility Eas_e1lt.-
(a) All properties within Ludlow Bay village shall be
connected to sanitary sewer ~nd water utilities' provided by
Declarant, or its successors and assigns. Owners within Ludlow
Bay Village will be subject to 'reasonable monthly or periodic.
service charges as determined by the provider, utility company
and/or State of Washington. Owners may also be required to pay
a connection charge at the then standard rate established by said
companies at the time of connection in the event said utilities
were not installed by Declarant during the initial construction.
certain utilities, such as street lights, may be provided to the
Master Association and paid with assessments collected pursuant
to this Master Declaration.
(b) A blanket easement is hereby reserved, granted,
conveyed and created upon, across, over and under the COlllDlOn
Areas, and all other property vithin Ludlow Bay Village, for
ingress, egress, .installation, repair and maintenance of all
Declarant authorized utilities as installed in connection with
the initial development of said properties including, but not
limited to, water, sewer, gas, telephone, fiber optic cable,
electricity and cable television systems. As a condition of the
easement, all utility companies shall be required to promptly
remove all debris and restore the surface of any a'ffected
property with~n Ludlow Bay village as nearly as possible to the
condition it was in at the t;ime of commencem~nt of such work.
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eel After the date of recording this Master
Declaration, and except for maintenance and repai~ of ~xisting
utilities, no lines, vires, conduits, cables, pipes or other
devices for the communtcation or transmission. of utilities
including, but not limited to, electric, gas, water, telephone,
fiber optic cable or cable television, shall be erected, placed
or maintained anywhere in or ~pon any property within Ludlow Bay
Village, unless the same shall be contained underground, or
subsequently approved by t.he ~.rchitectural Re'/iew Committee.
However, temporary abol/e-ground utilities incident to
construction of improvements ~ithin Ludlow Bay village are
permitted with Architectural Review Comlllittee approval; provided,
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MASTER DECLARATION - 12
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#,.,.."~a5:!i 'fC;' 507 r;...c 20:3
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that removal of such temporary above-ground utilities must occur
immediately upon completion of construction.
Section ..15 Walls, Pences And Bedges. Unless constructed
by Declarant during initial development of Ludlow Bay village, no
wall, fence or hedge shall be constructed, placed or maintained
on any town home or single-family Lot within Ludlow Bay viilage.
All walls, fences and hedges on commercial properti~s shall be
subject to prior Architectural Review Comm~ttee approval and.
shall be in strict compliance with the Ludlow Bay Village Design
Standards.
Section ..16 Trucks, Trailers, Recreational Vebicl..,
Campers C?r .Boats. No motor vehicle classed by manufacturer
rating as exceeding 3/4 ton, recreational vehicle, mobile bome,
travel trailer, camper (detached or otherwise),. tent trailer,
utility trailer, camper shell, boat, boat trailer, or other
similar equipment or vehicles may be parked, maintained,
constructed, reconstructed or repaired on any Lot within Ludlow
Bay village. Notwithstanding the foregoing, any of the above~.
described vehicles ~ay be stored inside a garage, providing said
vehicles are not visible From Neighboring property. This
restriction shall not apply to cleaning, loading or unloading and
short term parking ....~ich shall be permitted for a cumulative
period not to exceed twenty-four (24) hours in any calendar
month.
Section 4.17 Hotor vehicles. No automobile, motorcycle,
motorbike or other motor vehicle shall be constructed,
reconstructed, repaired or rebuilt upon any property within
Ludlo.... Bay Village, and no inoperable Or unlicensed motor vehicle
(....hich otherwise ....ould require a license) may be stored or parked
so as to be Visible From Neighboring Property: provided, however,
that thi s restriction shall not apply to (i) emergency vehicle
rep3iLs ....hich requi~e less than eight (8) hours to complete: and
(ii) vehicles parked in garages, ....hich are not visible Froll
Neighboring ?roperty.
se~tion 4.18 p~rking. It is the intent of the D~clarant to
restrict on-street parking as much as possible. Vehicles of all
Lot O....ners, Residents and occupants, and their guests and
invitees, are to be kept in thE< garages, residential driveways'
and other designated parking areas. No parking is allowed on any
streets within Ludlow Bay village, unless otherWise designated by
the Master Association Board.,
section 4.19 Right Of Entry. During reasonable hours and
upon reasonable notice to the Owner, Resident or Occupant of any
property ....ithin Ludlo.... Bay village, any member of the
Architectural Review committee (upOn authorization of the Master
Association Board), and any member of the Master Association
.. MASTER DECLARATION - 13
LtJG ITEM
#~51
page~5J2ofI57YCl 507 ,,~204
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Board, Declarant, or any authorized representative of any of
them, shall have the right to enter upon and inspect any property
within Ludlow Bay Village, anq the improvements thereon, except
for the interior portions of any Dwelling Unit, for the purpose
of ascertaining compliance with this Master Declaration and other
Governing Documents.
Sect10n 4.20 Unnatural Drainage. Under no circumstances
shall any person be permitted to deliberately alter the
topographic conditions on any Lot in any way that would adversely
affect the appJ;"oved and constructed storm wa.ter drainage or sewer
system.
Section 4.21 No Prefabricated, Modular or Manufactured
Housing. No prefabricated, modular or manufactured housing,
including mobile homes, shall be moved, placed, assembled or
maintained on any Lot asa DwelJing Unit or otherwise.
Section 4.22 Additional Wells. To prese~€ and enhance the
water supply in the Port Ludlow area, no water wells shall be
placed on any property within Ludlow Bay Village.
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Section 4.23 Pesticides, Herbicides And Fungicide..
Within Ludlow Bay Village, pesticid~s ~nd herbicides shall only
be applied by applicators licensed by the Washington State
Department of Agriculture consistent with the requirements of the
Washington r'esticide Application .~ct, RCW 17.21, and the
Washington Pesticide Control Act, ReWlS.S8, as either Act JIlay
from tirne-to-time, be amended or modified. Pesticides,
herbicides and fungicides with the short~st hydrolysis half-life
shall be used when reasonably availabl~. A two week half-life is
desirable. Moreover, pesticides appearing on the United States
Environmental Land Agency's "Priority List of . Leachill9'
Pesticides" shall not be used. Whenever feasible, pesticides,
herbicides and fertilizers should be applied during the dry
summer season, rather th~n the w~nter runoff periods.
Section 4.21 Decl~rantls'Exemption. Nothing contained In
this Master Declaration shall be construed to prevent the
l::rection or maintei1ance by Declarant, or its duly authorized
agents, or a:lY bui.ldings, utilities, structures, improvements or
signs necessary or convenient to the development of sale of
property ~ithin Ludlow Bay Village.
Section 4.25 Disputes. The Master Association shall havQ
jurisdiction over activities permitted within the Common Areas.
The Master Association, through the Master Association Board,
unless specifically provided otherwise, shall have the right and
duty to enforce this Master Deciaration, and shall have the right
to manage, maintain and govern the Common Areas as provided
herein. All disputes, complaints or other matters relating to
~oo PrEMTION - 14
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Pag$_5"J-~ .,~ ,
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the Master Declaration or' other Governing pocuments shall be
submitted to. the Master Association Board for detel'1llination,
unless otherwise provided herein to be within the authority of
the Architectural Review Committee. The decision of the Ma~ter
Association Board or Architectural Review Committee, ..
applicable, unless otherwise provided, shall.be tinal.
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ARTICLB 5
ORGANIZATION 07 TBB ASSOC1ATIOBS
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Section 5.1 7ormation ot The Haster Association. The
Master Association shall be charged with .the duties and vested
with the powers set for~h in the Governing Docucents. Neither
the Articles nor Byiaws of the Master Association shall, tor any
reason, be amended or otherwise changed or interpreted so as to
be inconsistent with this Master Declaration. The' following
shall apply to the Master Association:
5.'1.1 In order to assure t.hat Ludlow Bay Village
will be adequately administered during the initial. development
period, the affairs of ~he Master Association shall be managed
and conducted by Declarant for a period of five (5) years from
the date this Master Declaration is recorded, or until Dec~arant
voluntarily relinquishes such right., whichever shall occur first.
During this period of time, Declarant shall have the exclusive
right to appoint all members of the Board of Directors,. which may
consist of between three (3) and nine (9) members, and who may be
persons who are either employees or representatives of Declarant
or who own, or are purchasers of, properties. within Ludlow Bay
village. The Master Association Board appointed by Declarant
shall have the full authority and all rights, responsibilities,
privileges and duties' to 'manage the Master Association in
accordance '1;ith this Master Declaration and other Governing
Documents.
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5.1.2 At the expiration of control. by Declarant
as set forth in subsection 5,1.1, all administrative power and
authority shall vest in the Master Associati-:>n Board,. to be
composed of nine (9) members, which shall be designated as
follows:
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(A) Owner(s) of the marina property shall be
entitled to designate one (1) member to the Master Associati~n
Board:
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(B) Owner(s) of the restaurant property shall be
entitled to designate one (1) member to the Master Association
Board,
MASTER DECLARATION - 15
LOG iTEM
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(C) OWner(S) of . the Inn shail be entitled to
designate three (3) members to the Kaster Association' Board'
(D) The Town Home Association shall be entitled
to designate three (3) members to the Kaster Association Board'
and .
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(E) Owners of single-family' Lots, by majority
vote among single-family Lot Owners, shall have the right to
designate one (1) member to the Kaster Association.Board.
Each member of the Master Association Board shall be entitled to
one (1) vote on all matters to come before the Kaster Association
Board. A majority vote shall be required for all matters to come
before the Master Association Board, 'except as otherwise
specifically provided herein.
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5.1.3 The Kaster Association, through the Kaster
Association Board, shall be entitled to provide all goods and
services deemed necessary or desirable for the proper functioning
of Ludlow Bay Village, including. but not limited to, the
following: .
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(A) Providing for all utilities and other
services within the Common Areas as deemed necessary or desirable
by the Master Association Board;
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(B) Maintaining and landscaping the Common Areas
of the Kaster Association, including roads and streets, parking
areas, if any, and storm water and drainage control systems,
including, but not limited to, catch basins, piping, conveyance
facilities, retainage and detainage ponds' and oil separators
within Ludlow Bay village Common Areas;
(C) operating, maintaining (including insuring at
the discretion of the Master Association Board) and rebuilding,
if necessary, signs, monuments, walls, fences, and other
improvements originally constructed by Declarant.or the Kaster
Association within Ludlow Bay village Common Areas and/or
easements granted to the Master Association, if any;
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(D) Paying real estate and personal property
taxes, assessments and other charges on Common Areas and
improvements thereon, to the extent not otherwise taxed to
individual Owners;
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(E) Insuring all improvements which the Mas~er
Association is obligated to maint~in against damage by casualty
to the ~ull extent deemed appropr~ate by the Mast&r Association
Board;
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MASTER DECLARATION - 16
.lOG.ITEM
#~51
Page 5" V of/5?
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(Y) Hiring, firing, supervising and paying
employees and independent contractors to carry out. the.
obligations of the Master Association as set forth hereinf
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(G) Maintaining liability insurance and bonds to
protect the Master Association and the Kaster Association &.card
from liability caused by occurrences or happenings on or about
the Common Areas:
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(H) Maintaining worlanen's compensation insurance
for all employees of the Kaster Association:
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(I) Purchasing
services reasonably necessary
obligations set forth herein:
goods,
for' the
supplies, 'labor
performance of
and
the
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(J) Establishing and maintaining such cash
reserves, if any, as the Master Association Board may, in its
sole discretion, deem reasonably necessary for the maintenance
and repair of the Common Areas;
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(K) . Obtaining legal and accounting services
deemed desirable for the proper operation of the affairs of the
Kaster Association, and to meet the record keeping and financial'
disclosure requirements set forth in the Kaster Declaration:
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(L) Entering into such agreements and taking such
actions as are reasonably necessary and convenient for the
accomplishment of the obligations set forth in this Kaster
Declaration and the Governing Documents including, but not
limited to, the maintenance of all Common Areas and other
amenities within Ludlow Bay Village: and
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(M) Such other matters and po....ers as are provided
under the Governing Documents and Washington la.... for a non-profit
corpo~ation.
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section 5.2 Formation of the Town Home Association. The
To....n Home Association shall be charged with the duties and vested
with the po....ers set forth in the G0gerning Documents. Neither
the Articles nor By taws of the To....n Home Association Shall, for
any reason, be amended or otherwise changed or interpreted so as
to be inconsistent with this Master Declaration. . The following
shall apply to the Tcwn Home Association:
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5.2.1 In order to assure that management,
ma~ntenance and repair of the town homes will be adequately
administered during the initial development period, the affairs
of the.To....n Hoce Association shall be managed and conducted by
Declarant for a period of five (5) years from the date this
Kaster Declaration is recorded, or until Declarant voluntarily
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KASTER DECLARATION - 17
lO(3ITEM
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Page.ss__.oflS?
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relinquishes such right, whichever shall occur first. During this
period of .time, Declarant shall have the exclusive right to
appoint all members of the Board of Directors, which may consist
of between three (3) and nine '(9) members, and who may be persons'
who are either employees or representatives of. Declarant or Who
own, or are purchasers of, dwelling units. The Kaster
Association Board appointed by Declarant shall have' the tull
authority and all rights, responsibilities, privileges and duties
. to manage the Town Home Association in accordance with this
Master Declaration and other Governing oocuments.
5.2.2 At the expiration of the control by
Declarant as set forth in subsection 5.2.1, all administrative
power and authority shall vest in the Town Home Association
Board, and such officers as the Town Home Association Board aay
elect or appoint in accordance with the Town Home Association'S
Articles of Incorporation and Bylaws as the same may be amended
from time--to-time. The Town Home Association Board shall be
composed of at least three (3) and no more than nine (9) members.
Each member of the Town Home Association Board shall be entitled
to one (1) vote on all matters to come before the Town Home
Association Board. A majority vote shall be required for all
matters to come before the Town Home Association Board, except as
otherwise specifically provided herein or as required by
W~shington law.
5.2.3 The Town Home Association, through the Town
Home Association Board, shall be entitled to provide all goods
and services requisite to the proper maintenance, repair and
upkeep of the Town homes At Ludlow Bay, including the follo~ing:
(A) Providing for all utilities or services, it
any, serving only the town home Lots;
(B) Kai:-.taining the exterior- appearance ot all
town homes within the Town homes At Ludlow Bay, which maintenance
shall be limited to (1) painti."g; (2) roof repair and
replacement; (~) gutters and downspouts; (4) siding repair and
replacement; and (5) lawn and yard maintenance;
(e) Hiring, firing, supervising and paying
employees and independent contractors to carry out the
obliga~ions of the Town Home Association as set forth herein;
(0) Maintaining liability insur~nce and bonds to
protect the Town Home Association and the Town Home Association
Board from liability caused by occurrences or happeninqs 'on or
about the town homes associated with the duties and obligations
::let forth herein;
MASTER DECLARATION - 18
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eE) Maintaining workmen's compensation insurance
for all employees of the Town Home Association;
goods,
for the
supplies, labor
performance of
and
the
(F) Purchasing
services reasonably necessary
obligations set forth herein;
(G) Establishing and maintaining such cash
reserves, if any, as the Town Home Association Board may, in its
sole discretion, deem :t;'easonably necessary for the maintenance
and repair of the town homes and town home lots;
(H) obtaining legal, accounting and other
professional services deemed desirable for the proper operation
of the affairs of the Town Home Association, and to meet the
record keeping and financial' disclosure requirements set forth in
the Master Declaration;
(I) Entering into such agreements and taking such
actions as are reasonably necessary and convenient for the
accompl ishment of the obligations set forth in this Master
Declaration and the Governing Documents including, but not
limited to, the maintenance of town homes; and
(J) Such other matters and powers as are provided
under the Governing Documents and Washington law for a non-prOfit
corporation.
section 5.3 Ludlow Bay village Rules. The Master
Association Board shall be empowered to adopt, amend, or repeal
Ludlow Bay village Rules as it deems reasonable and appropriate,
which shall be binding upon all persons and entities subject to
this Master Declaration, whether Members of the Master
Association or not; provided, however, that Ludlow Bay village
Rules shall' nQt be inconsistent wit:il the other Governing
Docucents, Ludlow 'Bay village Rules may also include the
establishment of a system of fines and penalties for enforcement
thereof. Ludlow Bay Village Rules may be e~toblish~d, modified
or amended at any special or regular meeting of t:le Mastar
Association Board.
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Ludlow Bay Village Rules, as may be amended from time~to~
time, are deemed incorporated herein by this reference and shall
have the same force and effect as if they were set forth in and
were. part of this Master Declaration and shall be. binding 00 all
persons or entities having any interest in, or making any use.of
properties within 'Ludlow Bay Village, whether or not Members of
the Master Association and whether or not copies of Ludlow Bay
Village.Rules are actually received by s\lch persons or entities.
'fhe Ludlow Bay village Rules, as adopted,. amended, modified or
repealed shall be available for revie~ at the principal office of
MASTER DECLARATION - 19
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507 1:..d210
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the Master Association to each person or entity reasonably
entitled thereto. In the. event of a conflict between any
provisions of Ludlow Bay Village Rules and any provisions.of this
Master Declaration, the provisions of Ludlow Bay Village Rul..
shall be deemed to be superseded by the provisions,of this Master
Declaration to the extent of a.ny such conflict. Any' monetary
penalties or fines imposed by Ludlo.... Say Village Rules shall be
treated as an assessment which shall becOJ:le a lignagainst the
Members' property ....ithin Ludlo.... Bay village, in the same manner
.and subject to the same enforcement provisi:::ns asset forth for
liens in Article 7. .
section 5.4 Non-Liability Of Officials An~ Indemnification.
To the fullest extent permitted by Washington law, Oeclarant, and
every Director, Officer, Committee Kember (specifically including'
members of the Architectural Review committee), Manager(s), or
other employees of the Associations and of the Declarant, shall
not be personally liable hereunder to any Kember, or to any other
person or entity, including the A:;50ciations, for any 'damage,
loss or prejudice suffered or ciaimed on account of any act,
omission, error, or negligence 3nd shall be indemnified arid
defended by the Associations; provided, ho~ever, the provisions
set forth in this Sectiol' ='.4 shall not apply to any persons who
has failed to act in gocj faith or has engaged in willful or
intentional misconduct.
Section 5.5 Managing Agent. Each Association, through its
Board, is authorized t.:> employ persons, including a Managing
Agent, and to contract with'independent contractors to perform
all or any part of the duties and responsibilities of the
Association employing the s:me. Each Associatir)n, through its
Board, is also expressl:; authorized to enter into one or more
management agreements ~it~ third parties in order to facilitate
efficient operations and to carry out its Obligations. . The terms
of any management agreement shall be detercined by the Bciard of
the Association entering into the agreement, in its sole
discretion, and shall be subjec~ to the Governing Documents.
The Associations are exp~essly authorized to contract with
'Declarant, or an affiliate, repcesentativ~ or company ir.volving
some or all of the same individuals as Declarant, in order to
provide management and/or maintenance services or t.:> perform any
other duties of the Associations, Each O....ner, :lesident and
Occupant shall be bound by the terms and condi-cions of all
management agreements entered into by the Board of the
Association entering into the agreement. A copy of all
management agreements shall be ava.i.lable to each Owner upon
request at the Association office, or such other location as
designated by that Association's Board.
MASTER DECLARATION - 20
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section 5.~ R.ecords And Accountinq. Each Association shall
keep, orC3usa to be kept, true and correct books and records of
all financial affairs involving the Association includinq, but
not lil:iited to, accounting for all.assessments and expenses paid
by said Association. Financial statements for each Association
shall be preparHd at least annually and available at the
Association office, or such other 'location as designated by its
Board, to all' members.
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section 5.7 Inspeqtion Of Books And Records. The
membership register, books of account, minutes of meetings.ot the
Members and of the Board, shall be made available for inspection
and copying by any membe.r of said Association by the Bo.ard at any
reasonable time, at the Association office or at such other
location designated I:>Y the Beard. Each Board may establish
reasonable rules concerning the following:' (i} Notice to be
given to the custodian of the records by the member of the Board.
desiring to make the inspectIon: and (ii) hours and days of the
IJeek IJhen such an inspection' may be made.' Unless otherwise
provided by the Board, any member of the Board that IJould like
copies shall be responsible for payment of any costs associated
with copying, including the cost of having the copies made by a
third party.
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ARTICLE ,
MEMBERSHIP AND VOTI50
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section 6.1 Master Association. Every OIJner of a tOIJn home
or single-family Lot, and OIJner(s) of the marina, restaurant and
Inn shall be Members of the Master Association. Membership shall
be appurtenant to and may not be separated from ownership of the
property to which the Membership is attributable. Each property
shall be entitled to one Membership, which Membership shall be'
.shared by all Owners of interest in the property. Th~ following
shall apply IJith regard to the. Master Association:
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6.1.1 The Memberspip shall have no voting rights
assoc1ated with the Master Association, except with regard to any
matter required to be approved by a vote of the Membership by
Washington law. The Board, IJhich is composed of representatives
of each of' the various mix of uses IJithin LudlolJ Bay village,
shall vote on all matters of ihterest to the Association.
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6.1.2 The rights and obligations of Membership in
the Master Association shall not be assigned, transferred,
pledged, conveyed or alienated in any way except upon conveyance
of the properties within Ludlow Bay Village by deed, intestate
succession, testamentary disposition, foreclosure or other legal
process pursuant to the laws of the state of Washington or the
United states.
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section 6.2 Town ~ome Association. Every owner of a town
home. Lot shall be a Member of the Town Home ~ssociation.
Membership shall be appurtenant to and 'may not be separated froa
ownership of the town home Lot to which the Membership i_
attributable. If any town home Lot has beert sold on contract,
the contract purchaser shall exercise the rights of the owner-
for purposes of the Town Home Association. Each town home Lot
shall be entitled to one' Membership, which Membership shall be
shared by all Owners of interest in the Lot. The following shall
apply with regard to the Town Home Association:
6.2.1 Each Membership shall be entitled to one
(1) vote on all matters to come before the Town Home Association
for a vote of the Membership. Unless otherwise specified to the
contrary in this Master Declaration or other Governing ()oCUJIIents,
a majority vote is required on any issue to come before the
Membership for a vote. .
6.2.2 The rights and obligations of Membership in
the Town Home Association shall not be assigned, transferred,
pledged, conveyed or alienated in any way except upon conveyance
of the town home Lots, 'intestate succession, testamentary
disposition, foreclosure or other legal process pursuant to the
laws of the state of Washington or the united states.
ARTICLE 7
COVENANT FOR ASSESSMENTS AND CREATION OF LIEB
section 7.1 c~eation Of Lien And personal Obligation Of
Assessments. The Declarant, for all properties within Ludlow BaY
village, hereby covenants and agrees, and each Owner by
acceptance of a deed therefor (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree to pay to
the Master Association: (i) Annual Assessments; and (ii) special
Assessments for capital improvements or other extraordinary
expenses or costs, The Declarant, for all town home Lots within
LudlOW Bay village, further covenants and agrees, and each owner
by acceptance of a deed therefor (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree to pay to
the Town Home Association: (i) Annual Assessments; and (ii)
special Assessments 'for capital improvements or other
extraordinary expenses or costs. The Annual and special
Assessoents, together with interest, costs, and reasonable
attorneys' fees, shall be a charge on the property. of the owner
within Ludlow Bay village and shall constitute a continuinq
servitude and lien with power of sale upon the property within
Ludlo,", Bay village against which each such Assessment is made.
The 1 len may be enforced by foreclosure of the 1 ien on the
defaulting O'.mer's property by either the Master Association
and/or the Town Home Association, as applicable, in like manner
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as a mortgage on real property, or in any other manner pe~itted
by Washington law. The lien for each unpaid Assessment attache.
to the property after the due date and shall continue to be a
lien against such property until paid. The costs and expenses
fOlo filing any notice of 1 ien shall be 'added to the Assessment
for the property against which it is filed and collected as part
and parcel thereof. Each such Annual and special Assessment,
together with interest, costs and reasonable attorneys' fees;
shall also be the personal obligation of the Owner of the
property at the time when the Assessment fell due. . The personal
obligation for delinquent Assessments shall not pass to the
successors in title of the Owner unless expressly assUJlled by
them.
section 7.2 Annual Assessments. In order to provide for
the uses and purposes specified herein, including the
establishment of replacement and maintenance reserves, the Board
of each Association in each year, shall assess an Annual
Assessment. The Master Association Annual Assessment shall be
levied against all properties in Ludlow Bay Village, except
Exempt Properties, The Town Home Association Annual Assessment
shall be levied against all town home lots in Ludlow Bay Village.'
with regard to town home and single-family Lots, no Annual
Assessment shall be levied or otherwise accrue in favor of the
Master Association or Town Home Association against said Lots
until title to the Lot is transferred from Declarant to the first
purchaser of the Lot from Declarant. With regard to commercial
properties, including the Inn, Marina and Restaurant, the Annual
Assessment shall be levied or otherwise accrue against such
properties at such time as the Master Association Board commences
assessments within the Master Association.
Section 7.3 Determination of Annual Assessment. The Annual
Assessment against each property shall be determined by the Board
of the Association levying the assessment. The Board of each
Association, at its sole discretion, shall determine when to
commence. collecting the Annual Assessments. The budget for the
Master Association shall address the overali duties,
responsibilities and obligations of the Master Association with
regard to maintenance, repair, improvement and regulation of the
Common' Areas and other matters set forth in this Kaster
D~claration or other Governing Documents. The budget for the
Town Home Association sha+l address the maintenance, repair,
landscaping and replacement reserves (at the discretion of the
Board) associated with the town home Lots, together with any
other duties, responsibilities and obligations of the Town Home
Association, Annual Assessments for each Association. shall be
collected in advance on a monthly, quarterly or annual basis as
specified by its Board.
KASTER DECLARATION - 23
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section 7.4 Rate Of Assess.ent. The following shall apply
with regard to each Association:
7.4.1 with regard to the Haster Association, the
residential lots (town home and single-family Lots). ~ubject'to
assessment shall be required to pay an Annual Assessment equal to
forty (40\) of the total budgeted amount for the Kaster
Association, which shall be assessed pro rata ata unifo~ rate
for each of the 58 residential Lots subject to ~ssessment. The
Marina. shall be required to pay an Annual Assessment equal to ten
percent (10\)" .of the total budgeted amount for the. Kaster
Association. The Restaurant shall be required to pay an Annual
Assessment equal to twenty perce~t (20\) of the total budgeted
amount for the Haster Association. The lnnshall be required to
pay an Annual Assessment equal to thirty percent (30t) of the
.total budgeted amount for the Haster Association.
7.4.2 with regard to the Town Home Association,
the town home Lots shall be required to pay an Annual Assessment.
established by the Board of the Town Horne Association. The
Annual Assessment shall be set at a uniform rate for each town
home Lot.
section 7.5 superiority Of Assessment Lien. To the extent
permitted by law, the Associations' lien on properties within
Ludlow Bay village for Assessments shall be superior to any
homestead exemption now or here a iter prov ided by the laws of
Washington, or any exemption now or hereafter provided by the
laws of the united states. Since the Owner will receive a copy
of this Haster Decl:lration prior to Closing and/or the Haster
Declaratioll is recorded of public record, the acceptance of a
deed to property subject to this Haster Declaration shall
=onstitute a voluntary and informed waiver of the homestead right
by the Owner and an acknowledgement that the lien should be paid
prior to any homestead.claim.
section 7.6 MaximUm Annual Assessment. As set forth above,
the Board of each Association shall decide when to .commence
Annual Assessments. . The following shall apply with regard to
determination.'of the Annual Assessments.
7.6.1 Prior to the first conveyance of a
residential lot (town home Lot or single-family Lot), the Board
of each Association, shall establish the initial Annual
Assessment for the remaining portion of the existing fiscal year.
7.6.2 Each fiscal year thereafter through the
fifth fiscal year, the Annual Assessment may be increased by the
Board of each Association a lI'1aximum of twenty percent (2ot). over
the previous year's Annual Assessment. Any such increase shall
be effective at the beginning of each fiscal year. Beginning
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with the sixth (6th) fiscal year, and each subsequent fiscal year
thereafter, the Annual Assessment may be incr'eased by the Board
of each Association by a maximum amount equal to the greater of
either (1) five percent (5\) over the previous year's Annual
Assessment, or (2) the percentage increase in the Consumer Price
Index, Seattle/Everett Metropolitan Area (or such other closest
geographic area available), as published by the Department of
Labor, Washington, D;C., or successor governmental agency,
between the first day of the previous full fiscal year and the
first day of the then currer.~ full fiscal year. Any such
increase shall be effective at the beginning of the fiscal year;
7.6.3 No additional increase "shall be permitted
during the time that the Declarant has control of the Board of
any Association where this subparagraph 7.6.3 is attempted to be
invoked. However, at such tiJlle as Declarant is no longer in
control of an Association. .and notwithstanding anything to the
contrary herein, the Annua.l Assessment may be increased by the
Board of ei~her Association above the percentages set forth in
subsection 7.6.2 above, but only upon meeting the following
conditions: (1) with regard to the Master Association, there
must be a 70% approval on the part of the Board; and (2) with
regard to the Town Home Association, there must be written assent
of Owners representing forty percent (40\) of the town home Lots.
The Board may schedule a special meeting for such purpose at its
discretion or, "alternatively, may explain the need for the
increased assessment in writing and circulate the' same to the
Membership.
section 7.7 Special Assessments For capital Improvements
And Extraordinary Expenses. The Board may, during any fiscal
year, levy a Special Assessment for the purpose of defraying, in
whole or in part I the' cost of any acquis i tion I constrUction,
reconstru~tion, repair or replacement of a capital improvement
that it is obligated tQmanage. or for the purpose of defraying
other extraorctinary~xpense, but only upon meeting the following
conditions: (1) With regard to the Master Association, there
m\lst bp. a 70% approval on the part of the Board; and (2) with
regard to the Town Home Association, there must be' written assent
of Owners representing forty percent (40%) of the town home Lots.
section 7.8 Billing And Collection procedures. The Board
ot ~ach Association shall .have 'the right to adopt procedures
consistent herewith for the purpose of levying and collecting
Annual and Special Assessments. The failure of either
J\.ssociation to send a bill to a Member shall not relieve any
Member of his ~liability for any Assessment under this Master
Oeclaration, but the Assessment Lien therefor shall not be
foreclosed or otherwise enforced until the Member has been given
not less than thirty (30) days' written notice, at the address of
t.he Member on the Associations' records. Such notice may be
MASTER DECLARATION - 25
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given at any time after delinquency of such papent.. The
Associations shall be under no duty to refund any pay::ents
received by it even though a property is sold: successor Owners
shall he given credit for prepayments,. on a prorated basis, made
by prior OWnars.
eection '1.9 Collection Costs And Interest On Delinquent
Assessments. Any delinquent installment of Annual or Special
Assessment shall bear interest from thirty (30) days after the
due date until paid at a uniform rate established by the Board of
each Association, which rate shall. not exceed the maximum
interest rate legally allowed by Washington State.. The Member
shall be liable for all collection costs, including attorneys'
fees, incurred by the Associations. The Board may also record a
Notice of Delinquent Assessment against the applicable property
as to which an Annual or Special Assessment is' delinquent and
constitutes a lien, and may fur-ther establish a fixed fee to
reimburse the Associations for costs associated with recording
such Notice of Lien, processing the delinquency and recording a
Notice of Payment, which fixed fee shall be treated as a
collection cost of the JI_ssocia~ions secured by the Assessment
Lien.
Section 7.10 Evidence Of Payment Of Annual And. Special
Assessments. Upon receipt of a written request by a Member,
each appliCable Association within thiLty (JO) days shall issue
a written certificate stating (a) that all Annual and. Special
Assessments (including interest, co~ts and attorneys' fees) have
been paid with respect to any specified property as of the date
of such certificate, or (b) if any Annual and/or Special
Assessments have not been paid, the amount of such Annual and/or
Special Assessments (including interest, costs and attorneys'
fees, if any) due and payable as of.such date. The Associations
may make a. reasonable charge for the issuance of such
certificates. Any such. certificate, when duly issued as herein
provided, shall be conclusive and binding with respect to arty
matter therein stated as against any bona fide purchaser of, or
lender on, the property in question. .
Section 7 .11 ~roperty Exempted From The Annual And special
Assessments. Exempt Property shall not be assessed Annual
. and/or Special Assessments; provided, however, that in the event
any change of ownership of Exempt Property results in all or any
part thereof being removed from Exempt Property status, then the
same shall thereupon be subject to the assessment of the Annual
.and special Assessments (prorated as of the date it was removed
from Exempt Property status) and the Assessment Lien.
MASTER DECLARATION - 26
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section 7.12 Declarant SubsilSy. Declarant ::grees to
provide the fOllowing subsidies with regard to the Associations:
7.12.1 with regard to the Town nome Association,
until forty (40) town home Lots have been sold by Declarant,
Declarant agrees to subsidize the financial operations of the
Town Home Association in the event that all Annual Assessments
and every other revenue source received by the .Town Home
Association fails to equal or exceed the actual expenses incurred
during the fiscal year. The ~erms of the subsidy shall be
established by written agreement between the Declarant ~nd the
Town Home Association. Oeclarant shall have iiO obligdtion for
any such short fall resulting frQm the levying of an Annual
Assessment in an amount less than the maximum authorized, unless
the same has been previously approved in writing by Declarant.
The subsidy contemplated herein shall automatically terminate
upon the Closing of a sale on the 40th town home Lot, unless
tenni?lated prior thereto due to the self-sufficient financial
,-,"odition of the Town Home Association.
7 .12.2 with regard to the Master Association,
Declarant agrees to subsidize the financial operations of the
Master Association for a period of four (4) ~ears, to the extent
set forth herein, in the event that all Annual Assessments and
every other revenue source received by the Master Association
fails to equal or exceed the actual expenses incurred during the
fiscal year; provided, however, that the maximum amount of any
such subsidy in any given fiscal year shall not exceed an amount
equal to the sum of the number of unsold residential Lots owned
by Declarant (including town home and single-family Lots)
multiplied by the amount of the pro rata share of the Annual
Assessment levied against.other residential Lots by the Master
Association. The terms of the subsidy shall be established by
written agreement between the Declarant and the Master
Association. Declarant shall have no obligation for any .such
short fall resulting from the levying of an Annual Assessment in
an amount less than the maximum authorized, unless the sameh~s.
been previously approved in writing by Declar~~t.
ARTICLE 8
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ENFORCEMENT OF PAYMENT OF ANNUAL AND
SPECIAL ASSESSMENTS AND OF ASSESSMENT LIENS
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Section 8. r Master Association As Enforcinq Body. The
Master Association shall have the exclusive right to enforce the
provisions of this Master Declaration.
section 8.2 Associations' Remedies To Enforce Payment O~
Annual And special Assessments. The Associations may enforce
payment of any delinquent Annual or Special Assessments, together
KASTER DECLARATION - 21
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with all collection costs and attorneys' fees, by taking either
or both of the following actions .concurrently or separately:
8.2.1 Bring an act.ion.. at law and recover 'jud~t
against the Member personally obligated.to pay the Annual or'
Special Assessments; and/or
8.2.2 Foreclose the' Assessment Lien against the
property subject to the Assessment Lien in accordance with the
then prevailing Washington. law relating to the foreclosure of
real estate mortgages (including the right to recover any
deficiency).
Section 8.3 Subordinationot Assessment Lien '1'0 I'irat
Mortgage: Priority Lien. The Assessment Lien provided for herein
shall be subordinate to any first mortgage lien and any liens for
taxes and other publ iccharges which by applicable law are
expressly made superior. Except as above provided, the
Assessment Lien Shall be superior to any and all charges, liens
or encunt::lrances which herei\fter in any manner may arise or' be
imposed upon the property. Sale or trans fer of any property
shall not affect the Assessment Lien, unless otherwise
specifically provided by law.
Section 8.4 SUspension ot Membership. In addition to th&
remedies set forth herein, and not to the exclusion or prejudice
thereof, the Board of each Association may ~lso suspend a Member
from its Association and the privileges of Membership (including
use of the Common Areas with regard to Master Association), tor
non-payment of Annual and/or Special AsseSsments. .
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ARTICLE ,
USE" OF FONDS: BORROWING POWER
Section 9.1 Purposes For Which The Associations' Fund. Kay
Be Used. The Associations shall apply all ,funds collected and
~eceived by them for the common good and benefit of the Members
by devoting said funds, among other things, to fulfilling the
.iIIaintenance and other obligations of the Associations as set
forth in Article 10 hereof.
Section 9.2 Borrowing Power. The Associations may borrow
money in such amounts, at such rates, upon such terms and
security, and for such period of time as their Boards determine
is necessary or appropriate.
Section 9.3 AssoCiations' Rights InSpendinq Funds Fro.
Year-to-Year. The Associations shall not be obligated to spend
in any year all the sums received by them in such year (whether
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by way of Annual or Special Assessments' or otherwise), and aay
carry forward as surplus any balances remaining and shall not be
obligated to reduce the amount of the Annual As~essment in the
succeeding year if a surpius exists from a prior year. Moreover,
the Associations are specifically authorizp.d, at the discretion
of their Boards, to provide for reserves to meet anticipated
fu~ure improvement or replacement needs.
ARTICLE 10
MAINTENANCE AND OTHER RESPONSIBILITIES O~
THE OWNERS AND ASSOCIATIONS
Section 10.1 Maintenance Responsibilities of the Ka.ter
Association. The Master Association shall maintain, or provide
for the maintenance of, the Common Areas wi thin Ludlow Bay
Village, specifically including, but not limited to:
10.1.1 Maintenance of grounds and landscaping;
maintenance and repair of all private roadways; and maintenance,
repair and replacement, if necessary, of any signs, monuments,
walls, fences or other improvements located within the Common
Areas or private roadways;
10.1.2 Maintenance of all
drainage control systems located within
inClUding, but not limited to, catch basins,
facilities, retainage and detainage ponds,
separators;
storm water and
the Common Areas,
piping, conveyance
bioswales and oil
10.1.3 Management of all employment matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the' Master Association
obligations, including maintaining workmen's compensation
insurance, if applicable; and
10.1. 4 Provision of all utilities, real estate
taxes, insurance (incLuding insurance specified in' Article 13
hereof), administrative expenses of operation, management ~nd
related expenses and services as more fully delineated in
subsection 5~I.J of this Master Declaration.
Section
Association.
provide for
improvements
including:
10.2 Maintenance Responsibilities of the TOVD Boae
The To....n Home Association shall maintain, or
the maintenance of the town home Lots and
thereon to the extent provided herein, specifically'
10.2.1 Maintenance of the exterior appearance ot
all buildings, improvements and 1andscaping located on town home
Lots, which maintenance shall be limited to (1) painting; (2)
MASTER DECLARATION - 29
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roof repair and replacement; (3) gutters and downspouts; (4).
siding repair and replacement; and (5) lawn and yard maintenance.
Each town home Lot Owner shall be responsible for all other
repair and maintenance including, .but not limited to, plumbing,
exterior and interior glass, appliances,' heating' and cooling
systems, and private driveways; .
10.2.2. Management of al1.employmEmt matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the Town Home Association
obligations; including maintaining workmen's compensation
insurance, if applicable; and . .
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10.2.3 provision of all utilities, real estate
taxes, insurance, administrative. expenses of operation,
management and related expenses and services as more fully
delineated in subsection 5.2.3 of this Master Declaration.
Section 10.3 Maintenance Responsibilities of Sinqle-7&1llily
Lot And Comme:cial Property Owners. Neither of the Associations
shall be responsible for any main~enance, repair or landscaping
associated with single-family Lots or commercial properties, nor
any improvements thereon. Each Owner of a single-family Lot or
commercial property shall be responsible for all maintenance and
repair.
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Section 10.4 Master Association Authority To Direct
Maintenance and Repair. The .Master Association, through tha
Architectural Review committee, .shallha.ve the authority to
direct the maintenance and repair of all buildings, improvements
and landscaping located on all town home and single-family Lots
and commercial property within Ludlow Bay Village. In the event
the ArChitectural Review Committee determines that any buildings,
improvements or landscaping located on any tow'n home or single-
family Lots or. commercial properties require any repairs or
~aintenance including, but not l~mited to, grounds or landscape.
maintenance, painting, roof or gl.ltter, repair, or siding
replacement or repair,' then the Architectural Revlew Committea
shall do the following:
10.4.1 With regard to town home LOts, the
Arc;hitectural Review Committt.e shall contact the Board of the
Town Home Association in writing and specify what repairs or
maintenance are required. The. Town Home Association shall
complete the repair and/or maintenance within 90 days of the date
notified by the Architectural Review Committee, unless an
alternative schedule is agreed to in writing between the Town
Home Association and the Architectural Review Committee;
provided, however, that if the repair and/or maintenance is not
within the scope of work required of the Town Home Association,
then the Archjtectural Review Committee shall contact the Owner
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directly as provided in subsection 10.4.2 below for .Owners of
single-family Lots or commercial properties. .
10.4.2 With. regard to single-familY.'Lota and
commercial properties, the Architectural Review Committee shall.
contact the Owner of the property in writing and specify what
rapairs or maintenance are required. The Owner shall complete
the repair and/or maintenance within 90 days of the date notified
by the Architectural Review Committee, unless an alternative
schedule is agreed to in writing between the Owner and the
Architectural Review Committee.
10.4.3 The aggrieved oWner, or the Board of the
Town Home Assoc.iation, as' applicable, shall have the right to
appeal any such decision to the Kaster Association Board within
seven (7) days of notification from the ArChitectural Review
COlllI:littee in accordance with the procedures set forth in Section
11.3 of this Master Declaration, The ti~e period for performance
shall be tolled during the pendency of the appeal (from the date
the appeal notice is delivered to the Master Association Board
until the date of the final decision of the Kaster Association
Board) .
10.4.4 In the event that the Owner, or the Board
of the Town Home Association, as applicable, fails to perform the
J:laintenance or repair specified by the Architectural Review
Committee, or Board of the Master Association if there is an
appeal, then the Master Association shall have the right, but not
the Obligation, to perform the maintenance or repair and charge
the property Owner, or ~heTown Home Association, as applicable,
for the entire costs. associated there'Jith, together with an
administrative fee equal to an additional 15\ of the total costs,
and interest thereon at the rate'of 12\ per annum from JOdays
after an invoice for payment is delivered to the party
responsible for payment thereof. An Assessment Lien shall secure
repayment on the part of any Owner and be enforceable in the same
manner. as other liens provided for herein. The KaGter
Association shall have the specific authority to pursue any legal
remedy available unde'r Hashington law Co 'enforce this covenant in
accordance with its terms. In the event of litigation, the
prevailing party shall be entitled to recover their reasonable
attorneys' fees and costs.
Bection 10.5 Assessment Of Certain Costs 'Of MaIntenance
And Repair. In the event that the need for maintenance or repair
is caused through the ~illful or negligent act or omission ot.any
Owner, Resident or Occupant, or their tenants, guests or
invitees, the cost of such maintenance or repair may, at the
discretion of the Board of the Association otherwise charged with
remedying the same, be charged directly to the Owner of the
property ~nd shall be payable in accordance with the time period
MASTER DECLARATION - 11
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established by the Board. An As~essment
repayment and be enforceable in the same
Assessments provided for herein.
Lien shall
manner as
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other
UTICLB 11
ARCHITECTt1RAL CONTROL
Section 11.1 Lots Subject To Ludlow Maintenance Comai..ioD
Architectural Review. At all times after conveyance from pope
Resources, the Owners of each Town Home Lot 3nd Single-Family Lot
within Ludlow Bay Village shall be subject to Ludlow Maintenance
Commission ("LMC") architectural control, as set forth in Article
17, in addition to architectural control by the Architectural
Review Committee of the Master Association as set forth below.
Prior to seeking approval of the Master Association Committee,
Owners must obtain approval of their plans and specifications
from the LMC Architectural Control COllllllittee. The following
applies to LMC architectural control:
No building or structure (including fences or any
manmade ob~truction) shall be built or placed or thereafter
altered on any Lot, nor shall a Lot be cleared or excavated tor
use, nor shall any tree of six-inch (6") or more breast diameter
be cut, until after the details and written plans and
specifications eilereof disclosing clearing, size, materials,
location, finish, and elevations (and as to tree cut~ing, with
specific identifi~ation of individual trees to be cut) have been
subei tted to and approved by the LMC Architectural Control
Committee. The LMC ArChitectural Control Committee shall consist
of five individuals who shall be appointed by and subject to
re~oval or replacement by the Board of Trustees of the LMC. The
Address of the ArChitectural Control Committee shall be: Ludlow
Maintenance Commission, .Inc., Post .Office Box 6506, Port Ludlow,
~ashington, 98365, Attention: ArChitectural Control Committee.
The acdress may be changed from time to time by the Board of
Truste€',; of the LMC. Within thirty (30) days of submission ot
planJ ~r.d specifications to such com~ittee. such committee by a
majority vote a,nd in ....iiting may approve or disapprove or may
conditicnally approve plans and specifications so submitted. If
such pldns and specifications be GO disapproved (or it
conditionally approved, then unless th~ conditionsthereot be
complied with) the projected construction shall not be
undertaken. or if undertaken in violation hereof, may be abated
by. legal pro~eerlings instituted by the LMC or any aggrieved
party, irrespective of the time of completion thereof. The
committee shall in good faith exercise discretionary approval and
disapproval of plans and specific~tions on a basis of minimizing
interference with enjoyment of nearby Lots and of enforcing an
improvement use and occupancy of the land ina pleasing but not
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MASTER DECLARATION - 32
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necessarily uniform combination of permanent residences and
recreational homes.
section 11.2 Establishment Of Kaster Associ.tioD
Architectural Review Committee. within the Master AssoCiation,
the Declarant shall establish an Architectural Review Committee
(referred to herein as "Committee") to perform the functions set
forth in this Master Declaration and may adopt procedural rules
and regulations. for the performance of such duties, inclUding
procedures for the preparation, . submission and determination ot
the application for any approvals required by this Kaster
Declaration. The committee shall consist of three (3) members.'
Declarant shall have the right to appoint the members ot the
Committee for five (5) years from the date this Master
Declaration is recorded; providing, however, that Declarant, by
written notification to the Master Association Board, may elect
to terminate this right of appointment of the Committee.at any
time. Upon termination of D~clarant's right of appoint~ent, the
Master Association Board sha..l have the power to appoint all
members of the Committee. For as long as uecbrant has the right
to appoint the members of the Committee, Committee members need
not be Members of the Ma~~er Association and ~ay specifically be
employees or agents of Declarant. Upon termination of
Declarant I s right of appointr.1ent, the Master Association Board
shall select m~cbers of the Committee from Members of the Master
Association. Decisions of the Committee shall be by a majority
vote of its mer~ers. subject to the appeal' provisions of section
11.4, the decision of the COlllJ:littee shall be final on all matters
considered by it pursuan~ tc thi5 Master Declaration.
section 11.3
Review By Committee.
11.3.1 construction And Alteration Of Buildings And
Improvements. . ^fter conveyance from Pope Resources, prior
approval by the Comnittee shall be required for all new
construction of dwellings, buildings, structures, or permitted
improvements within Ludlo~ Bay Village. In addition, no
alteration or modificatioc to an existing dwelling, building,
structure, or other improvement within Ludlow Bay village
previOUSly cor.structed by Declarant or approved by the Committee
shall be made unless complete plans and specifications therefor
have been first subwitted to aile; approved in writing by the
Commi.:tee. The Owners of any Town Home Lot or Single-family
residential Lot subject to LMC architectural control shall first
obtain approval from the LMC prior to submission to the
Committee. The committee shall exercise its best judgment t.o the
end that all such changes, ii:lprovements and alterations requested
for properties within Ludlo~ Bay village conform to and harmonize
with the existing character of Ludlow Bay Village and fully
comply with Ludlow Bay Village Design StandardS.
MASTER DECLARATION - 33
vw.507 .~224
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11.3.2 Kaintenance And aepair. The Committee shall
have the power and authority to provide for proper maintenance
and repair of all properties within Ludlow Bay village as
specified in Article 10 of this Master Declaration.
section 11.4 Appeal. AnyOWller aggrieved by a decision of
the Committee may appeal the decision to the Master Association
Board in accordance with established procedures of the Master
Association Board, which shall be available to a11 Members at the
Master Association Office or such other location designated by
the Master Association Board. The determination of the.Master
Association Board is final and binding on all parties.
section 11.5 ?ee. The Master Association Board may
establish a reasonable processing fee to defer the costs to the
Master Association in considering any requests for approvals
submitted to the Committee, which fee shall be paid at the time
the request for approval is submitted. The Master Association
Board may also establish a reasonable processing fee to defer the
costs to the Master Association in considering any appeal
submitted to the Master Association Board. which fee shall be
paid at the time the appeal is delivered to the Kaster
Association Board.
section 11.6 Ludlow Bay village Design standards. Ludlow
Bay Village Design Standards shall be initially prepared by the
Declarant or Master .Association Board, at the discretion of
Declarant, and may include written guidelines setting forth the
minimum standards for the design, height, squar~ footage.
location, style, structure~ color, mode of architecture, mode of
landscaping, maintenance and other relevant criteria associated
with all properties within Ludlow Bay village. The purpose of
Ludlow Bay village. Design StandardS is to preserve and promote
the cha~acter of Ludlow Bay village. By acceptance of a deed for
any property within Ludlow Bay village, each owner thereof and
his successors and assigns agree to be bound by all provis,ions. of
Ludlow Bay Village Design Standards, as may be amended from time-
to-time by the Master Association Board, and to use diligence in
keeping abreast of the provisions thereof and any amendments
thereto.
Section 11.7 violation Of Approved 'Plans Of The committee.
If the Committee determines that work on any property within
Ludlow Bay village has not been completed in compliance with the
final plans approved by the committee, then the Committee or the
Master Association Board may notify the Owner in writing of such
noncompliance, specifying in reasonabl-e detail the particulars of
noncompliance, and may require the Owner to remedy the same. If
n.e Owner fails to remedy such noncompliance within a reasonable
time period designated by the Committee, then the Declarant or
the Master Association Board shall have the right to enter upon
.~STER DECLARATION - 34
VCi. 507 f~",225
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the property of any OWner and obtain compliance or remedy
noncompliance as ordered by the Committee and the cost of such.
performance or remedy shall be charged to the owner of ~e
property in question, which cost shall be due within ten (10)
business days after receipt of written demand therefor. In
addition, in the event of noncompliance, the Declarant or the
Master Association Board shall have the right. to initiate
litigation for injunctive relief and/or damages and the
prevailing party in any such litigation shall have the right to.
recover reasonable attorneys' fees and costs (including both
court costs' and reasonable additional expenses for experts,
consultants and others involved in the litigation) as determined
by the Court.
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section 11.8 Non-Liability For ~pproval Of Plan. Or
Directions Regarding Maintenance And Repair. Committee approval
of plans shall not constitute a representation, warranty or
guarantee that such plans and specifications comply with good
engineering or design or with zoning or building ordinances, or.
other governmental regulations or restrictions. By approving
such plans and specifications, neither the Committee, the members
thereof, the Master Association, the Master Association Board,
nor Declarant assumes any liability or responsibility therefor,
or for any defect in the structure constructed from such plans or
specifications. None of' the above stated entities or individuals
shall be liable to any Member, Owner, Resident, Occupant or other
person or entity for any damage, loss, or prejUdice suffered or
claimed on account of (a) the approval or disapproval of any
plans, drawings and specifications, whether or not defective, or
(b) the construction or performance of any work, whether or not
pursuant to the approved plans, drawings, ahd specifications; or
(c) any order given with regard to required maintenance or
repair.
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ARTICLE 12
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RIGHTS. AND POWERS OF THE ~SSOCIATIONS
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Section 12.1 Rights And Powers. The Associations shall
have the rights and powers set forth in this Master Declaration
and all other Governing Documents, together 'Jith all t'ights and
powers of a non-prOfit corporation incorporated in the state. of
Washington. Upon incorporation of the Associatiops, a copy of
the Articles and Bylaws shall be available for inspection and
copying at the Associations' office(s) during reasonable business
hours.
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Section 12.2 Contracts with Others For PerformanceOt The
Associations' Duties. subject to the restrictions and
1 imitations contained herein, the Associations may enter into
contracts and transactions with others, including Declarant and
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KASTER DECLARATION - 35
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its affiliated companies, and such contracts or trilnsactions
shall not be invalidated or in any way affected by the fact that
one or more Directors or Officers of the Associations, or members'
of. any Committee, is employed 'by or otherwise connected with
Declarant or its affiliates, provided that the 'fact of such
interest shall be disclosed or known to the other memb&rs of the
Board acting upon such contract or transaction, and .provided
further that the .transaction or contract is fair and reasonable.
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ARTICL!: 13
nisURAB~
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Section 13.1 Insurance On Common Areas. The Kaster
Association shall maintain insurance covering all insurable
improvements located or constructed upon the Common Areas. The
Master Association shall maintain the following insurance, to the
extent that such insurance is reasonably available, considering
the costs and risk coverage provided by such insurance:
13.1.1 A pol icy of property insurance covering all
insurable improvements located or constructed on the Common Areas
with a "Replacement .Cost Endorsement." Such insurance shall
afford protection against loss or damage by fire and other perils
. . normally covered by the standard extended coverage endorse~ent
and such other risks customarily covered with respect to projects
similar in construction, location and use, including. all perils
normally covered by the standard all risk endorsement, where such
is available.
13.1.2 A comprehensive policy of public liability
insurance covering all Common Areas in an amount not less than
One Million Dollars ($1,000,000,00) covering bodily injury,
including death to persons, personal injury, and property damage
liability arising out of a single occurrence, and such other
risks as shall customarily be covered with respect to projects
similar in construction, location and use.
13.1. 3 tn the event ,of damage to, or destruction of,
all or any portion of the Common Areas due to. fire or other
adversity or disaster, the insurance proceeds, if sufficient to
reconstruct or repair the damage, shail be. paid by the Master
Association for such reconstruction and repair. If the insurance
proceeds with respect to such damage or dest.ruction are
insufficient to repair and reconstruct the damage or destruction,
then the Master Association shall present to the Members a notice
of Spe~ial Assessment for approval by the Membership in
accordance with Article 7 hereof, I f such Special Assessment .is
not approved, the insurance proceeds may. after first being used
to clean and landscape damaged areas, be applied in accordance
with the direction of the Master Association Board.
MASTER DECLARATION - 36
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sectioD 13.2 Insurance On otbe~ properties. owners of all
properties within Ludlow Bay village shall maintain insurance
covering all insurable improvements located or constructed upon
their properties. Each Owner shall maintain the following types
of insurance with an insurance company with an A.H. Best rating
of at least A-VI:
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13.2.1 A policy of property insurance covering all
insurable improvements located on the OWner's properties with a
"Replacement Cost Endorsement." Such insurance shall afford
protection against loss. or damage by fire and other peril.
normally covered by the standard extended coverage endorsement
and such other risks custo~arily covered with respect to projects
similar in construction, location, and use; including all perils
normally covered by the standard all risk endorsement, where such
is available. In the event of damage to, or destruction of, all
or any portion of an Owner's properties due to fire or other
adversity or disaster. the insurance proceeds shall be paid by
the Owner for such reconstruction and repair, unless otherWise
specifically provided by the Master Association Board in writing.
The Master Association shall be listed on all property insurance
policies ;;.s an "additional insured" to ensure its ability to
require the insurance proceeds to be utilized for reconstruction
of the damaged improvements. .
13.2.2 Insurance coverage on furnishings, other
personal property, and glass, together with all other forms of
insurance not specifically provided for in this Kaster
Declaration, shall be the responsibility of the owner of
properties within Ludlow Bay village. .
13.2.3 A comprehensive policy of public liability
insurance co~ering the Owner's properties in an amount not less
than One Sillion .Dol~ars ($1,000,000.00) coveLing bodily injury,
including death to ~ersons. personal injury, and property damage
liability arising out of a'single occurrence,. and such other
risks as shall customarily be covered with respect to proje~ts
similar in construction, location and use.
13.2." An insurance policy provided for herein may not
~e canceled or substa~tially diminished or reduced in coverage
without at least thirty (JO) days' prior written notice to the
Master AssociatiGn, Each Owner shall be required to.deliver to
the Master Association a Certificate of Insurance which confirms
that the insurance coverage outlined in this Article Y3 have been
placed ....ith an insuranc., company ....ith an A.H, Be.st rating of at
least A-VI, and confirming that the Master Association has been
named as an addicional insured as required herein, together with
a copy of the actual insurance policy.
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KASTER DECL^RATION - 37
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14.2.1 For a period of twenty-five (25) years from the
date this Master Declaration is recorded, and notwithstanding
anything to the contrary herein, Declarant reserves the right to
gr.ant additional easements, licenses and permits upon, across,
over and under any property within LudlOw Bay village (other than
directly under any constructed building unless the Ovner consents
thereto), for purposes including, but not limited to,
installation, maintenance, repair, replacement and improvement of
any utilities, such as electric, water, sewer, gas, telephone,
fiber optic cable, television cable and drainage. Declarant may
terminate the right to grant such easements by delivering notice
to the Master Association in writing at any time.
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section 14.1 KaintenaDce Easement. An easement i.
reserved and granted to the Associations, their OfficerS,
Directors, agents, employees and representatives upon, acrosa,
over, in and under all properties within Ludlow Bay Village, aa
reasonably necessary, to enable the Associations to perform the
duties and functions whiCh they are obligated or permitted to
perform pursuant to this Master Declaration.
Section 14.2
Future utility Easement..
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14.2.2 At the end of the time period set forth in
subsection 14.2.1 for Declarant's right to grant easements, the
Master Association shall have the right to grant easements,
licenses and permits upon, across, over and under any portion of
the Common Areas for installation, maintenance and repair of
utilities and drainage: provided said ,easements, licenses and
permits shall be (1) consist~nt with the intended use of
properties within Ludlow Bay Village: (2) reasonably necessary or
desirable for the proper use, maintenanr.c and operation of Ludlow
Bay Village properties: and (3) SUbstantially wi~hout adverse
~ffect on the enjoyment of any affected propel-.ties within Ludlow
Bay village.
section 14.3 Access And4USe Easements within The Tovu Hoae
Lots. Each town home is located on a cluster of several Lots.
An easement is hereby reserved, conveyed and created upon, across
and over each town home Lot within a.cluster of Lot~ on which a
town ho-oe is located, in favor of, and for' the ben2fit of, each
town h06e Lot within tt..e cluster and the owners, Residents,
Occupants, tenants, guests ~nd inviteesthereof, for purposes of
ingress, egress, utilities and use of driveways, waikways and
common courtyards, if applicable, adjacent to each town home.
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MASTER DECLARATION - 38
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section 14.4 Rights Of Declarant Incident To ConatructiOD.
An easement is reserved by and granted to Declarant. .its
successors and assigns, . for use, ac;::ess, . ingress, and eqr...
over, in, upon, under, and across the Common Areas including. but
not limited to, the right to store materials thereon and to make
such other use thereof as may be reasonably necessary or
incidental to Declarant's construction within Ludlow Bay village.
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Section 14.5 Easements Deemed created. All conveyances of
properties within Ludlow Bay Village hereafter made, whether by
the Declarant or otherwise, shall be construed to grant and
reserve the easements contained in Master Declaration, even
though no specific reference to such easements appears in the
instrument of such conveyance.
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ARTICLE 15
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CONDE}!.NATIOB
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section 15.1 Actions ADd Awards. In the event proceedings
are initiat.ed by any governmental enti.ty seeking to take eminent
domain of the Common~~eas, or any part thereof, or any interest
therein, with a va:':l~e as reasonably determined by the Master
Association Board in excess of $10,000, then the Master
Association shall give prompt notice thereof to all Mer-bers. The
Master Association shall have full power and authority tedefend
said proceedings, and to represent the Owners iri any
negotiations, settlements and agreements with a condemning
authority for acquisition of the Common Areas, or any part
thereof, but the Master Association shall not enter into any such
proceedings, sett.lements or agreements pursuant to which all or
any portion or ii-,terest in the Common Areas, or improvements
located thereon, are rc~ir.quished, without giving all Members at
least fifteen (15) days pdor written notice thereof: In the
event followin'] such proceedings, there is such a taking in
condemnation or by zminent domain of a part or all of said
properties, the award made for such taking shall be applied by
the Master Associa'tion to such repair a:ld restoration of. the
remaining Common Areas, or irrrove~ents thereon, as the Board, in
its discretion, shall determine.
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ARTICLE 16
PUBLIC ACCESS
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section 16.1 Public Use And Access. Declarant. hereby
declares that Tracts A, C, 0 and a public access easement across
portions of Ml, within Ludlow Bay village (hereafter referred to
as "Public Access Tracts"), shall be available for public use and
access in accordance with the terms and conditions set forth
herein, for the life of the project. Thereafter, s~ch public use
MASTER DECLARATION - 39
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and ac~ess shall be at the discretion of the Master Association
Boa.rd.
section 16.2 ;;rant ot Public Use And Access Bas_ent.
~~larant hereby grants to the general public a non-exclusive
access ease;nent for the life of the project over the Public
Access TractS: subject to the terms and conditions set forth in
section 16.3 of this Master Declaration.
section 16.3 Public Access Use Restrictio~s. The Public
Access Tracts shall be available to the general public for
passive recreational use, such as walking, bird watching, and ~e
like, during daylight hours. The Master Association shall have
the right to implement normal beh~vior standards .and reasonable
use restrictions with regard to the Public Access Tracts,
including, but not limited to, the right to restrict or prohibit
pets, vehicles, alcohol consumption and/or loud music within the
Public Access Tracts. General public parking for the Public
Access Tracts shall be provided and designated with appropriate
signage..
ARTICLE .17
LUDLOW MAINTENANCE OOHHISSIOX
Section 17.1 Town Home and single-Family Lots Subject To
Membership In Ludlow Maintenance commission. Upon conveyance frolll
pope Resources, the Owner (s) 0 f each. Town Home Lot and Single-
Family Lot within Ludlow Bay village shall be a member of the
Ludlow Maintenance Commission (hereafter referred to as -tll..!
LMCfI), a non-profit corporation formed under the laws of the
State of Washington, and shall be subject to the Articles and
Bylaws, Rules and Regulations thereof. AS members, the own~rs ot
each Town Home Lot and single-Family Lot will benefit from the
common amenities, arid be subject t.o the LMC asl!:essments.
Section 17.2 Assessments and Liens. The LMC is empowered
to establish assessments upon Lots for common purposes as set
forth in the Articles and By-LaWS thereof. Such assessments
shall.constitute a lien upon each such Lot as of the due date
thereof~ and such lien may be foreclosed by the LMC in the same
form and manner of procedure as the foreclosure of real property
mortgage lien under the laws of the State of washington. Expenses
of title' examination and assurance, costs of attorneys, court
costs and interest at 10\ per annum shall be included with the
amount of any delinquent assessment in the judgment of
foreclosure of such lien, The 3'.ltnority to establish assessments
and lien therefor against such L{)ts within Ludlow. Bay Village
subject hereto shall, as to each Lot, first arise when the same
is first sole: by deed or real estate contract from pope
Resources, its successorS and assigns, to a grantee or contract
MASTER DECLARATION - 40
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purchaser. Assessments shall be assessed and collected on a fair
and uniform basis as among lots subject thereto. subject on1yto
such reasonable differential as may be established by the By-Lav.
of the LHC between improved lots and unimproved lots.
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section 17.3 Arc'hitectural .Review. Upon conveyance froll
Pope Resources, the Owners of each Town Home. Lot and' sin91e-
Family Lot within Ludlow Bay' village shall be subject to LHC
architectural control as provided in Article 11 herein.
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ARTICLB 18
TERM: AMENDMENTS: TERKINATIOK
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section 18.1 Term: Method Of Termination. This Kaster
Declaration shall be e'ffectiveupon the date of recordation
hereof and, as amended from time-to-time,shall continue in full
force and effece for a term of twenty-five (25) years from the
date of recording this Master Declaration. From and after said
date, this Master Declaration, as amended, shall be automatically
extended for successive periods of ten (10) years each, unless
there is an affirmative vote to terminate this Master Declaration
by a vote of the (1) Master Association Board members casting
eighty percent (80%) of the votes of the Master Association Board
at a meeting held for such purpose; and (2) affirmative vote ot
Owners representing eighty percent (80%), or more, of the town
home and single-family Lots. If the necessary voteS are
obtained, the Master Association Board shall record a Certificate
of Termination in Jefferson County. Thereupon this Kaster
Declaration shall have no further force and effect.
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Section 18.2 Amendments. This Master Declaration may be
amended by obtaining (1) a vote of the Master Association Board
members casting sixty percent (60%) of the votes of the Board at
a meeting held for such purpose; and (2) affirmative vote ot'
Owners representing forty percent (40%), armore, of the town
home andsingle-famiiy Lots; prov.ided, however, that. the
provisions of Article 16 cannot be amended without the consent of
Jefferson County; and provided, further, that the provisions of
Article 18 cannot be amended without the vote of the (1) Master
Association Board members casting eighty percent (80\) of the
votes of the Master Association Board at a meeting held for such
purpose; and (2) affirmative vote of Owners representin9 eighty
percent (80%), or more, of the town home and ~ingle-family Lots.
Any amendment to this Master Declaration shall be recorded with
the Jefferson County Auditor as a Certificate of Amendment, duly
signed and acknowledged by the President of the Master
Association.
KASTER DECLARATION - 41
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Section 18.3 Rigbt pf Amendment If Reque.ted By
Governmental Agencies Or Lending Institutions. Notwithstanding
anything to the contrary contained herein, Declarant reserves the
right' to ~mend an or any part of this' Master Declaration to such
an extent and with such language as may be request3d by any
governmental entity or agency or lending institution as a
precondition of making any loan. Any such amendment shall be
perfected by the Declarant's recording. of a certificate at
Amendment, duly signed by an authorized signatory of Declarant,
and each Owner hereby grants his irrevocable power of attorney to .
Declarant for the purposes set forth herein, specifically,
Declarant shall have the right to execute anQ record said
Certificate of Amendment on behalf of all OWners and bind all
properties within Ludlow Bay village to the.terlils and conditions
set forth therein.
ARTICLE 19
Kl:SCELIANEOtJS
section 19.1 Interpretation ot The covenants. Except tor
judicial construction, the Master Association Board lihall have
the exclusive right to construe and interpret the provisions of
this Master Declaration. In the absence of any adjudication.to
the contrary, the Master Association I s construction or
interpretation of the provisions hereof shall be tinal,
conclusive and binding as to all persons and property benefitted
or bound by this Master Declaration.
Section 19;2 severability. Any determination by any court
of competent jurisdiction that . any provision of this Kaster
Declaration is invalid or unenforceable shall not affect the
validity or enforceability of.any of the other provisions hereof.
Section 19.3 Rule Against perpetuities. If any interest
purported to be created by this Kaster Declaration is challenged
under the Rule Against perpetuities or. any related rule, the
interest shall be construed as becoming void and of no effect as
of the end o~ the applicable period of perpetuities computed tram
the date when the period of perpetuities starts to run on the
challenged interest.
Section 19.4 References To The Kaster Declaration In
Dee~s. Deeds to and instruments affecting any of the properties
within Ludlow Bay Village may contain the covenants herein set
forth by reference to this Master Declaration: but regardless ot
whether any such reference is made in any deed or instrument, all
terms and conditions of this Master Declaratior. shall run with
the land and shall be binding on all persons claiming any
interest therein, their heirs, executors, administrators,
successors and assigns.
KASTER DECLARATION - 42
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IN WITNESS lIlIEREOr, POPE RESOURCES, A DELAlfARB LDIX'lBD
PAR~RSHIP, has hereunto caused its authorized officials to
execute this .Kaster Declaration as of . the day and year first
above-written.
POPE RESOURCES, A DELAWARZ
LIMITED PARTNERSHIP, Declarant,.
by pope MGP Inc.,a Delaware
corporatio~, its General Partner
..f) /11.
By:
George H. F
its Preside and
Executive Officer
STATE Of WASHINGTON
55.
County of xitsap
On this .25..thday of MIJ..~ ' 1994, before me, .the undersigned,
a Notary Public .in and tor the State of Washington, duly
commissioned and sworn, personally appeared George H. folquet, to
me known to be the President and Chief Executive Officer of Pope
MGP, Inc., a Delaware corporation, which is known to me to be the
General Pi!rtner of Pope Resources, A Delaware Limited
Partnership, the partnership that executed the foregoing
instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said partnership, for the uses and
purposes therein 'mentioned, and on oath stated that he uas
authorized to execute the said instrument.
WITNESS MY HAND AND OFF!CIAL SEAL hereto affixed the day and
year first above written.
(~ Q ~
\ W/YJ/)";.I) t _ . rnrl ()J~A\..aYL/
NOTARY PUBLIC i and for the
stat;_of Washington, residing
at \ J.-~"":'7 r r -; r7loU71.clf .. ncL
My commission expires: ;:),/-4. /q5.
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"EXHIBIT A-'
That portion of Government LotS 1 and 2. Section 16, all in Township 28 North. Range 1
East, WM, in Jefferson County, Washington. lying Easterly and Southerly of County road
I;ght-of-way;
TOGETHER WITH those portions of tidelands of the second class as conveyed by the State
of Washington and tidelands of the second c1a.<;s as lying in front of, adjacent to, and
abutting thereon, lying Easteriy ;j; a line extending due South from U,S. Department of
Commerce Environmental Science Services Administration Coast and Geodetic Survey tidal
bench mark No, 7 (1952) to the outer limits of said tidelands conveyed by deed filed in
Volume 40, page 307-313 or the line of ordinary high water whichever lies further towards
the center of Port Ludlow Bay;
EXCEPT that portion lyi'lg North of the Southerly line of that certain tractor land
..:onveycd to the "LMC' by deed {econkd in Volume 48 of official records, pages 498
~hrougn SOl, inclusive, alld under Auditor's File No, 221959;
ALSO EXCEPT County road right-of-way as conveyed by Auditor's File No. 333256;
ALSO EXCEPl' Port Ludlow Condominiums No. I, as per instrument recorded in Volume
1 of Condominiums, pages 15 through 22. records of Jefferson County, Washington;
ALSO EXCEPT that portion of Government Lot 2. Section 16, described as follows:
Beginning at a point on the Southerly margin of Port Ludlow-Chimacum County Road
distant South Oloor 04" East, 9~.63 feet from the Northwesterly corner of said Section 16;
thence along the Southerly margin of the Port Ludlow-Chimacum County Road North 67'
34' 30': [;lst, 233.56 feet; thence along a curve to the right having a radius of 543,70 feet.,
;t distance of 52.43 feet; thence :-':orth 73006' 00. East, 201.15 feet to the Northwesterly
.:orner of the trac} herein de~cribed and the True Point of Beginning; thence con\inuing
;I!ong ';aid Southerly margin o1f the Pon Ludlow-Chirnacum County Road North 73006' 00"
East 160.0 feet; thence SOllth 16" 54' OJ East, 247.6.'\ feet; thence along the Government
!l1candc. line ill 5aid Secr:on !6. South MY' 56' .30" West. 163.67 feet; thence North 16054'
00" We51. 282.!S feet tllthe Tn,c Point of Beginning;
ALSO EXCEI"T th;lt portion of Government Lot 2 in Section 16, Township 28 North,
Range i East, WM. Jefferson County. Washington. lying Southerly of Oak Bay Road, as
,;ollvey,;d to Jefferson CounlY b~ I.leeds recorded under Auditor's File No, 193906 and in
Vu11ln1e 101 af DCJ:tb. pa.f;e 268. amI al Volume I of Road Waivers, page 31: Easterly oC
?ort Ludlow CondominiLlm ;-';'" 1 a:. per p!;ll recnrdeu in Volume 1 of Condominium.~ page
;5, records .,f Jefferson County AuJitor; and Westerly of a tract of land conveyed to Louis
E. Sl:OU etu.'i by (ked dated September 17, 1991. and recorded September 20, 1991, under
i\udiwr':. File No, .,.uro. recOiJ~ of Jdfr:r'>On County, Washington.
:;iHI;!te in the County oil .kikrson. State of W;L,hingtoll.
LOG ITEM
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i,pT,ER RECORDING'
~E'i'URN TO:
t-uPE R~SOU~CES
-;'&1 WA!.~!::~ WAY
.PORT LU~L.OW, WA
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98365
._.{"~C~D"qJv n
:'v~-iiLn,~F"-LU? --7~ z..
or Ci;.;'~.u.. P.[Co.<OS
f':~;ST 0'" .'
JEFFERSON 'fffLE 'COMPANY
~ ~it 21 AM II: 31
3tj1139
. L...:i.o; t. >1. [~OkiOGE
AMENDMENT '1'0 r"pSO"C:~!'fn A~IT~1l ". .
HASTERDECLARATION of COVENMt"TS,CONDX'fIOJlS, USTRlcTiOJlS' :\
...........,.. """"a'.. LI.... RE8ERVATIa.~"" ....~~. "'h,,,,, i .. ...
LUDLOW J!AY VILLA(lS · .. .
THIS AXENDKENT TO THE KASTER DECLAllATIO. OJ' ciovZ!mJI'f8,
CONDITIONS, RESTRICTIONS, ABBESSXENTS, CRAJlGES, LI:!Ws, USERVATIO..
AND EASEMENTS FOR LUDLow BAY VILLAGE (referred to as the -Kaster
Declaration" when referring to the original,. and the -Kaster
Declaration Alnendment" ....hen referring totllis instrument) is sade'
and entered. into this ;2.5-.("0.;;.): of ..-,.,...ot, 1995, by POP.
fiESOURCES, a De la...are Limi ted Partnet'ship (herea iter referred to' aa
"Declarant-).
1. .PURPOSE. Declarant is the o....ner of' cert,ain real: property I'
located in Jefferson County, Washington,consi.sting of 17.87 acres,
legally described in Exhibit A, attached hereto and incorpOrated
herein by this referenc'e I ....hich is located in the unincorpori!lted ',1.
cOlll.!llunityof Port Ludlow (h~;:-eafter ;:eferred to' az'''Ludlow Bay ~
village~). Ludlo.... Bay village is subject to' the Master l
Dee 1 a ra t ion, recorded u nde r Jefferson county Aud >tor'. Fi,. .0. ::: ",. ':
372516, ano re-recorded under Jefferson County Auditor's Fil.e No. c. ~;.:: ~I
372695. The purpose o~ this ~laster Declar"-tion A!!lendlJlent is to '<(I
supersc<:le those Frovisions of the Master Declaration $~ecifically .- :; "":
changed herein and add a provision relating to an' excfusive ~
'.:-_ ~x:l.
easemei"'t in favor of Lu'.Uo.... Asso-:;iates for the benefit of the Inn : -,' "t
at Ludlow Bay. Except, ho~ever, ~s expr~ssly ~odified herein, ibe ~
Kaster Declaration shail reI::ai~ and cor.tinur: in full force and. - .
effect. ~_<~oi .
2. AMENDKENT. OF MASTER DECLARATION. The followinq sections >-
modify and supers<?de their corresponding Se~ions in the Kaster v;V, ~
Declaration: .
A. section4p2 Ani.ala.
No animal, bird, fo....l, poultry, or livestock., other than
recognized house or yard pets ~"Pets"l, shall be maiptained on any
Lot and then only if kept thereon solely as dOI::estic pets and not
forcolll.!llercial purposes. No pets shall be allo....ed t.o.ake an
unreasonable amount of noise or to become a nuisance. No structure
for the care, housing or confinement of any pets shall be
maint_ained outside of any Dwelling Unit, nor shall any pets be
penutted to be housed or kept outdoors. Each 'Owner shall' be
responsible for the removal and disposal of all solid anim..l' waste
of his Pets from any property ....ithin Ludlow Bay Viliage. ~o Pets
shall be permitted on any property within LudlOW Bay village,. other
1U(ENDKElilT TO }aSTER DECLARATIOll
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than the owner's Lot, unless controlled on a leash or .1iailar'
dev~ce. Upon the written request of any Member, the 'xa.ter
Association Board shall conclusively determine~ in its sole an4
absolute discretion, whether for the purposes of this section. a
particular animal, bird, fowl, poul~ry or livestock is a nuisance
.ora generally recognized house or yard pet and whether there has
been a violation of. this section. Any decision rendered by the
Kaster Associati.on. Board shall be. final' and binding and enforceable
by court injunction and/or any other remedy provided by'Washington
l~. .
B. s.eotion 4.13' Restriction. on'Residential Jl,ental.
4.13.1 Long Terza'Rental, The following shall. apply
to long term rental, which shall be defined as rental for not less
than six (6) consecutive months to the' same tenimt(s). The ,m'tire
~Jelling Unit may be let to a single family tenant frOM ti~e-to-
tillle by the Owr'leron a long term rental basis without utilization
of the procedures set forth in Section 4.13.2 below. No subletting
shall be allowed with regard to long .term rental. All leases and
rental agreements shall be in writing and specifically shall s~at8
(1) that t'1eyare subject to each and every requirement, covenant,
condition and restriction or the Kaster Declaration, Master
Declaration Amendment and other Governing Documents; (2) that any
failure by the tenant to cowply with the terms of the Governinq
Documents shall be a default under.the leas~ or rental agreement.
and (3) t.hat the O;;ner grants to the Town HOilleAsscx:iation Board,
and its Managing Agent, if any, the authority to evict the
tenant(s} on the Owner's behalf 'for such default, upon only such
notice as is required by law. If any lease or rental agreement.
does not contain the foregoing provisions, such provision3 [lohall
nevertheless be deemed to be apart of the lease and binding upon.
the Owner and the tenant' by reason of inclusion in the. Governing
Docu:!lcnts. Neither the To'Jl1 Home Association Board, nor its
Hanagi~q Agent, if applicable, sha~l be liable to the Owner or the
tenallt(s) for any eviction under this subsection that 1s mada in
good fai~h. copies of all leases and rental agreements shall 0.
delivered. to the Town Home Association office prior to commencement
of any tenancy.
4.13.2 Short Term Rental. The following shall
apply to short term rental, which shall be defined as rental on a
daily, weekly, monthly or other periodic period less than six (6)
consecutive months to the same tenant(s). The entire Dw~lling Unit
may be let .to single family tenant(s) from time'-to-time b~ the
O'Jl1er on a short term rental basis only under the following teras
and conditions:
(1) The rental shall be made only through Q
professional rental management pool apprbved in advance by the Town
Home Association Board~
AMENDMENT TO MASTER DECLARATIO.
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(2) Each tenant mus~ enter into a wd.ttcm rental.
. agreement , in a fora approved by the Town Home Association Board;
which among otherpravisions provides that (1) they are s~ject to
each and every requirement, .covenant, condition and restriction of
the Kaster Declaration, Kaster Declaration Amendment and other
Governing Documents:' .(2) any failure by thetenant(s) to 'COJlPly.:
with the terms of the GoVerning Documents shall be a defaQlt under
the lease or rental 'agreement: and (3) the Owner grants .to the Town
Home Association Board, and its' Mar:3ging Agent, it any,' the
authority to evict. the short term tenant(S) on the Owner's behalf
with 24 hours notice'in the event of'de~ault,or shorter ti.. if
law enforcement is. utilized to accomplish the eviction. Even if
any rental agreement entered into with tenant(s) fails to contain
the foregoing provisions, such provisions shall nevertheless be
deemed to be a part of the ren~al agreement and binding upon the
Owner and the tenant(s) by reason of inclusion in the Governing
Document.s. Neither the 'fown Home Associetion Board, nor its
Managing Agent, if applicable, shall be liable to the OWner or the
tenant(s} for any eviction under this subsection that is made in
good faith, copies of all rental agreements shall be delivered by
the Owner to the Town Home Association office prior to commencement
of any &nort tera rental:
(3) The Town Home Association Board shall have th~
right from time-to~ti;e to establish Rules and Regulationsrelatihq
to short tet~ rental usa of Dwelling Units and/or property within
LudlQ'oi" nay village.' .
c. B9ction 4.18 parkiDq.
".18.1 Authori:sed parkinq. Vehicles of' all Lot
Owners, Residents,' Occupants, Tenants and th<.!ir guests 3.nd
invitees, are to be kept in the garages, residential driveways and
other designated parking areas. Wi thin any designated parJc..i,.nq
areas, the Town Home Association Board, at its sole discretion,
shall have' the right to' designate parking spaces for particular
Dwelling Units. .
4.18.2 Unauthorized Parking. It is the. intent ot
the Declarant to eliainate on-street parking (unless author~z'ed by
the Kaster Association) and parking within parking .areas designated
for the Inn (unless prior authorization is obtained frQR' the Inn).
Any unauthorized vehicles parking on-street within Ludlow BaY
village or within parking areas designated for. the Inn may be towed
away at the direction of (1) th~ Kaster Association Board ar.d/or
Managing Agent with regard to Op.-street parking: or (2) th9 Inn
with regard to designated parking areas for the Inn. The own~r(s)
of said vehicles shall be fully re:.oponsible for. any' costs and
expenses associated with such removal. .
AKEliDKDIT '1'0 KASTER DECLAllATIOK
LOG IrEM
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D. sectiOD 10.' KaiDt8DaDce Responsibiliti.. of th. .'fc*Jl'
KO.. ...ociatioD~
The Town HomA Association shall maintain, or provide' for the
maintenance of the town home Lots and improvements thereon to the.
extent provided herein, specificallY includinq:
10.2.1 . Maintenance and repair of the eXterior
appearanceot a1:1 buildings (excluding porches/decks and railinq.),
i.:Jnprovements an:! landscaping' located on toW!}' home Lots,'. "'bieb
maintenance shall be . limited to (1) pa intin'g; (2) roof repair and
replacement: '(3) gutters and downspouts : (~) siding' repair and
replacement: and (5) lawn and yard maintenance. Each Lot owner
shall be responsible for all other repair and mainte~ance on their.
town home Lot(s) including, but not liwited to, decks/porches'and
railings associated there'Jith, 'Jater lines from the'Jater meter to
uses on the Lot, se'Jer service lines from the Lot. boundary,
fireplaces andchimrieys, plumbing, exterior and interior gla..,
appliances, heating and coOling systems, and private driveway.,
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10.2.2. Management of all employment matters,
including hiring; firing, supervising and paying employees .and
independent contractors to carry out the Town Home Association
obligations, incluciing maintaining 'Jor)anen's compensation
insurance, if applicable: and
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10.2.3 Provision of all utilities, real estate
taxes, insurance, administrative expenses of operation, management
and related expenses and services as lIiore fully delineated in
subsection 5.2.3 of this Master Declaration.
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3. ADDITIoNAL PRD~SIONS TO MASTER DECLARATXOX;
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Notwithstanding anytning to the contrary in the Master
Declaratibn, the follo~ing pr0visions shall apply within l~dlOV Bay
vfllage: .
A. EXclusive E&se.Illent over" portion of Tract C.lor IU
pUrposes. Declarant hereby grants, conveys and quitclaims to
Ludlo'J Associates, a: partnership,and its successors and assigns,
for the benefit of Ludlo'JAssociates, Inn guests and invitees, an
exclusive easement.over a portion of Tract C as shown on the map
attached hereto as Exhibit ~ (herj!after the "easement property-),
for any purposes associated 'Jith, and in conjunction with, the Inn,
including, but not'limited to use, placement of improvements and-
other amenities, malntenance and landscaping: prOViding, .however,
that Ludlo'J Associates, its successors and assigns, shall be'
responsible for all maintenance, upkeep and repair of the easement
property. Lot Owner(s) , Residents, occupants,. Tenants, their
guests or invitees, nor the general public, shall not be permitted
accesS onto t~e easement property, unlessothervise permitted by
Ludlo'J Associates, its successors or assigns.
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1J(EHDKENT TO KA8~ER DECLA]lATIO. - 4
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STATE OF WASHINGTON )
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County of Kitsap )
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. On this ~ day of Ml0c, 1995, before :lie, the underslqned,
_ a Notary 'Public in and for the. State of washington, du.ly (
VICt:;. _,1'\ commissioned and sworn, personally 'appeared s-....~~ H. Fellf'dat. to "'<';.?;f'"
?,u:-Sll)t \ jie-~~sidc.nt ana caief ~ae;rtt".. O!fieer of Pope ~c........... ,'\J ~,:
~gwfm6~GP, Inc., a Delaware corporation, .hich is known to me to be tho .
.... General Partner of Pope Resources, A Delaware Limited Partnership~ :t.".....
the partnership that executed the foregoing instrument, and' i
acknowledged the said instrument to be the free and voluntary a~
and deed of said partnership, for the uses and purposes therein
mentioned, and on oath stated that he vas authorized to execute the
said.instrument;
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xx 1rXTHESS 1nIEllEOF, POPZ.' :azsooltCZ8, 3. DBL&nU ~'Z'd
PAR1'llERSBIP, has hereunto caused its authorized officials .to
execute this Kaster Declara~ion aso~. the day and year first;abov_
written,
POPE IlESOUliCES, 3. D~
LIlUTEl? p~II~P, Decl.raat:,
. by Pope HGP. Inc.,a' Delaware
:~rati:i1:1 Partner
.GREGORY ~. ~
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WITNESS MY HAND AND OFFICIAL SEAt. bereto aftlxec! the day.and'
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AXElIDHXH'l' TO KASTER DEC~TIO.
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JEFFERSON cO.UNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Mr. Greg Jordshaugen
17435 S.B. 47th
Bellevue, WN, 98006
Dear Greg:
621 Sheridan Street
Port Townsend, WA 98368
AI Scalf, Director
May 23, 2005
In response to your letter received at Community Development on May 9, please consider
the following.
The master declaration of covenants, conditions, restrictions, assessments, charges, liens,
reservations and, easements for Ludlow Bay Village executed on May 25, 1994 is a
contractual relationship between the declarant Pope Resources and owners, residents and
occupants of Ludlow Bay Village.
Jefferson County doesn't enforce the CC &R's. This obligation is a civil issue between
the parties now consisting of Port Ludlow Associates and the owners of the lots within
Ludlow Bay Village.
Any alteration, replatting or boundary line adjustments of Ludlow Bay Village will be
subject to local zoning and state laws in effect at the time of a complete, application.
Al Scalf
Director of Community Development
Building Permits/ Inspections
1(360) 379-4450
LOG ITEM
!!a9~Off.$~
Development Review Division
Long Range Planning
FAX: (360) 379-4451
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April 28,2005
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Al Scalf, Director
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, Washington 98368
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Re: Subdivision of Ludlow Bay Village, Port Ludlow
Dear Mr. Scalf:
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I recently received a copy of a letter you wrote. on January 21, 2004 to Jeffrey B. Taraday of Foster Pepper
& Shefelman PLLC, where you stated "...1 met with legal counsel and reviewed the Ludlow Bay Village
restrictive covenants. . ," and",.. the county cannot conclude that any restrictive covenants have been
violated, therefore Port Ludlow Associates (PLA) does not need the signatures of all parties subject to the
covenants." I have been reviewing the restrictive covenants in gfuat detail over the past few months and do
not understand how you or your legal counsel could possibly come to that conclusion if you were reading
the same restrictive covenants that I am, Not only has PLA actually violated the restrictive covenants of
Ludlow Bay Village over the past year or so, but the proposed condominium development that your
department has reviewed and is drafting an environmental impact statement for also blatantly violates the
restrictive covenants, I would expect the public interest of Port Ludlow town home owners would be better
protected by someone in your position, You and the county should protect my property interests with as
much energy as you advocate and support the development plans of PLA,
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In the paragraphs that follow I will detail for you the violations, potential violations, and the specific
sections of the restrictive covenants being violated,
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You do not need to go any further than the first page of the Master Declaration for Ludlow Bay Village
where the Declarant (developer - which is now Port Ludlow Associates) states "Declarant intends to
incorporate a mix of uses within Ludlow Bay Village, including a restaurant, marina, 36 room "Inn at
Ludlow Bay," 53 residential town homes and 5 single family residences;" The emphasis regarding town
homes is mine, It is clear that Ludlow Bay Village is to include 53 town homes, not 25 town homes and 28
condominiums. There is a restriction that was clearly intended to limit density in Ludlow Bay Village to 53
residential town home units, not to 53 town home lots on which the Declarant could pack as many
condominium units as possible to increase the building density beyond one (1) dwelling unit for each lotlot
that was approved in the plat by Jefferson County. To violate this stated intent at the beginning of the
restrictive covenants should require the affmnative approval of all lot owners in Ludlow Bay Village,
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You should also review Section 4,12, Restriction On Further Lot Subdivision, Property Restrictions And
Rezoning, which states "No Lot within Ludlow Bay Village shall be further subdivided. No portion less
than all of any such Lot, nor any easementior other interest therein, shall be conveyed or transferred by an
Owner; provided, however, that undivided]joint ownership is permitted." That is about as clear and
unambiguous a statement as I think you willI fmd anywhere in the restrictive covenants, yet it has been
violated by Port Ludlow Associates twice in the last 1-2 years, with what appears to be approval by the
county, and they are attempting to avoid the. intent of this restrictive covenant in their planned
condominium development, again with what appears to be the assistance and approval of the county. What
is the point of having a Master Declaration and restrictive covenants ifno one pays any attention to what is
written in them and you assist Port Ludlow Associates in their efforts and do not protect the property rights
of the town home owners in Ludlow Bay Village,
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To fully understand the violations that have already been allowed to occur and the violations that will occur
if the proposed condominium development is allowed to be built without the affIrmative approval of all
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property owners within Ludlow Bay Village, I need to provide some detailed explanation, although I would
hope in your position as Director of the Department of Community Development, you should already
know this information, The Plat of Ludlow Bay Village was approved in 1994 with 53 town home lots,
Eight (8) of the town home lots consisted of two parts each, the second portion of each of these lots was
identified with an "A" following the lot number (TH5 & TH5A; TH6 & TH6A; THl6 & THI6A; TH28 &
TH28A; TH29 & TH29A; TH44 & TH44A; TH45 & TH45A; TH52 &TH52A), Although each of these
lots consisted of two parts, each group clearly constituted a single lot, because to treat them otherwise
would result in 61 town home lots (8 of which would be unbuildable) and each group was treated as a
single tax parcel by the Jefferson County Assessor.
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In January 2003 Port Ludlow Associates sold the town home on lot TH16 to James & Linda Brown, but did
not include the portion oflot TH16 designated as TH16A in the land that was transferred to the Browns,
They retained the portion oflot TH16 designated as TH16A for themselves and with the assistance of
Jefferson County created a new lot owned by Port Ludlow Associates which is now identified by the
Assessor as a separate tax parcel. This act is a clear violation of the Ludlow Bay Village restrictive
covenants contained in Section 4.12 in that it illegally "subdivided" lot TH16 and it further violated the
same restrictive covenant in that ".. .less than all.,." of lot TH16 was transferred by Port Ludlow
Associates to the Browns. In addition, after completing the illegal subdivision ofTH16A from THI6, the
Plat of Ludlow Bay Village now contains 54 town home lots (although it would be impossible to build
anything on THI6A, except a garage, which is what it was intended for in the first place),
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In the fall of 2003 Port Ludlow Associates sold the town home on lot TH28 to Teresa Smith, and again did
not include the portion oflot TH28 designated as TH28A in the land that was transferred to Ms, Smith. As
with the Browns, Port Ludlow Associates retained the portion oflot TH28 designated as TH28A for
themselves, again creating a new lot owned by them and now identified by the Assessor as a separate tax
parcel. I don't need to repeat the violations noted in the previous paragraph, because it is obvious Port
Ludlow Associates, with the counties assistance once again clearly violated the same restrictive covenants,
The result being there are now 55 town home lots (2 of which can not be built on) in Ludlow Bay Village
where only 53 town lots were approved for the plat.
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Article 4.12, prohibiting the subdivision of any of the 53 town home lots (or 5 single family residence lots)
was included in the Ludlow Bay Village Master Declaration restrictive covenants for a specific purpose,
which was to prevent the residential building density from being increased beyond the 53 town homes and
5 single family residences approved in the original plat. At the time Pope Resources was attempting to get
approval for the Plat of Ludlow Bay Village, they wanted a density of approximately 90 residences but
were denied and compromised with Jefferson County on the 53 town home lots and 5 single family
residence lots. Article 4.12 was included in the Master Declaration so Pope Resources (and now their
successor Port Ludlow Associates) could not later subdivide the approved lots and increase the density.
Port Ludlow Associates apparently believes that by grouping town home lots into "parcels" and then
building condominiums on the "parcels" they are cleverly avoiding the restriction on subdividing lots. It is
my opinion that no matter what they are calling it, they are effectively "subdividing" the town home lots
because they are proposing the construction of more than one dwelling unit on each existing and approved"
town home lot. This constitutes a violation of the Ludlow Bay Village restrictive covenants and requires
the signatures of all parties subject to the covenants before it can be allowed to proceed,
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As a taxpayer in Jefferson County and a town home owner in Ludlow Bay Village I am demanding that you
enforce the restrictive covenants of Ludlow Bay Village and restrain from issuing any building permits or
other approvals for condominiums in Ludlow Bay Village until Port Ludlow Associates obtains the
signatures of all parties to the covenants affirming their illegal subdivision of lots THl6 and TH28 and the
proposed condominium project that will effectively "subdivide" the remaining town home lots in violation
of the restrictive covenants, It is your job to represent the interests of all residents and property owners in
Jefferson County, not just to approve whatever the developers want regardless of whether it is allowed
either by Jefferson County laws or the restrictive covenants of plats approved by Jefferson County.
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Very truly yours,
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cc: Rand L. Koler
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Gregg D. Jordshaugen
34 Heron Road
Port Ludlow, Washington 98365
L()G ITEM
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JEFFERSON Cl1JNTY
DEPARTMENT OFCOM'MUNITY DEVELOPMENT
621 Sheridan Street
Port Townsend, WA 98368
AI Scalf, Director
January 21, 2004
~+J.1SI""'C
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JeffreyB. Taraday
Foster Pepper & Shefelman PLLC .
1111 Third Avenue
Suite 3400
Seattle WA 98101-3299
.RECEIVED
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Re: Subdivision Alteration of Ludlow Bay Village, Port Ludlow
JEffERSON COUNTY OeD
Dear Mr. Taraday:
On January 14, 2004 I met with legal counsel and reviewed the Ludlow Bay Village restrictive
covenants and RCW 58.17.215, entitled "Alteration of subdivision." RCW 58.17.215 requires
signatures of the majority of those persons having an ownership interest in the lots proposed to
be altered. If the subdivision is subject to restrictive covenants, and the alteration would result in
a violation of said covenants, the application shall contain an agreement signed by all parties
subject to the covenants.
"* After consultation with legal counsel and review of the applicable covenants, the county cannot
conclude that any restrictive covenants have been violated. therefore Port Ludlow Associates
(pLA) does not need the signatures of all parties subject to the covenants.
CC: David Alvarez, Prosecutor's Office
Greg McCarry, PLA
Mark Dorsey, PLA
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Building Permits/Inspections
(360) 379-4450
Development Review Division
Long Range Planning
FAX: (360) 379-4451
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I PRINCIPLE PETITONER:
Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend W A 98368 (360) 379-4450
"".----.'-
SUBDIVISION PLAT Al\IENDMENT PETITION
A~Dffi.ECEIVED
HAY {) 5 2004
Port Ludlow Associates LLC
~UN1Y Den
I MAILING ADDRESS: TO Breaker Lane. Port Ludlow . WA 98365
I TELEPHONE: (home):
REPRESENTATIVE:
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MAILING ADDRESS:
I TELEPHONE: (home):
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N/A
(business):
360.437.2101
Mark R. Dorsey, P.E. - Project Manager
Same
N/A
(business): 360.437.8257
We the undersigned do respectfully petition the Jefferson County Board ofCornmissioners to amend the following
IIdescribedlo~locks: Portions of the recorded plat of Ludlow Bay Village (AF#372517) under
Port Ludlow Associates LLC Ownership. See Exhibits A & B attached.
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The reason for requesting the amendment is as follows: Plat Alteration via Maj or Revision in conjunction
I with the Resort Supplemental Environmental Impact Statement process.
(See Plat Alteration Request Attached)
I If the subdivision is subject to restrictive covenants and the proposed amendment would result in the violation of
I the covenant(s), explain here and attach agreement signed by all parties subject to the covenant stating that the
parties agree to the amendment or agree to terminate the relevant covenant(s) to accomplish the purpose of the
subdivision amendment. N/A. ,~ It.
I No CCR's have been violated. See'''Exhibit C attached.
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Jefferson County Subdivision Plat Amendment Petition
I h:\P.ermit\plncntr\infoPlng\amendPetition 10/99
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PLAT OF LUDLOW BAY VILLAGE
PLAT ALTERATION REQUEST
The plat of Ludlow Bay Village was recorded in 19?4, prior to the Port Ludlow
Development Agreement and Jefferson County Ordinance No. 08-1004-99, which now
govern development within the entire Port Ludlow Master Planned Resort (MPR).
The proposed Plat Alteration will serve the public use and interest by accomplishing the
following:
. . Achieving consistency with the Port Ludlow Development Agreement and
Ordinance No. 08-1004-99.
The Port Ludlow Development Agreement and MPR regulations explicitly
acknowledge the existing plat of Ludlow Bay Village and the associated conflicts
with the approved MPR Resort Plan. This .conflict is acknowledged in the Recitals to
Ordinance No. 08-1004-99, the Development Agreement (Section 3.15), and the
MPR Regulations themselves (Section3.903), A plat alteration was seen as the
appropriate method of resolving this conflict. Pertinent sections of the Development
Agreement and MPR regulations follow:
Section 3.15.1 of the Development Agreement, reads as follows:
The parties acknowledge that development of the resort complex may require
alteration of the Ludlow Bay Village Plat. One option 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.
MPR Regulations/Section 3.903 Requirement to vacate or withdraw existing or
vested residential development rights, readS as follows:
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 appliedfor 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.
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· Segregating resort commercial and residential uses within the plat of Ludlow
:Bay Village
Currently, resort commercial and resort residential uses are intermixed within the plat
of Ludlow Bay Village. Vehicular access, traffic circulation patterns and parking is
shared. This has resulted in congestion and access problems for the townhome
residents, Further, the Harbor Master Restaurant is located within an otherwise
residential setting,
The proposed plat alteration will result in a separation of commercial and residential
vehicular access and circulation, and will move the Harbor Master Restaurant to the
east end of Resort Complex, adjacent to the new Recreation Building, Marina Store,
and Dock Master's Office. All new commercial uses will be grouped at the western
end of the waterfront.
· Allow for a re-investment in Resort facilities
The proposed plat alteration is necessary for the owner to complete development of
Resort facilities. The new facilities include a new restaurant and lounge, new
meeting rooms, a new recreation building, an expanded marina, a new Dock Master's
Office, and new Marina Store. The new facilities will also result in infrastructure
improvements such as improved parking, improved access, improved water quality
treatment at the lagoon, improved landscaping, and signage of public trails,
Reinvestment in Resort Facilities and amenities will maintain property values for the
MPR as a whole,
· Maintaining the long-term viability of the MPR as a whole
The proposed plat alteration will provide for Resort uses and development standards,
which will maintain the long-term economic viability ofthe Resort, The Resort
market has changed since adoption of the Development Agreement - a resort
oriented to large business conference groups is no longer viable. The new facilities
in their new location will respond to this change in the resort market, as they will
serve the traveling public and smaller conference groups. The plat alteration will
also allow for a varied product type and price range for residential uses located
within the Resort complex.
H:\D0C\27pl\03\002-Port Ludlow SEIS\Permitting\LBVPlatAlt.doc
4/26/04
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SECTION 7 . LAND DIVISIONS
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property must comply with all other
applicable county regulations; and
d, Divisions of land relating to the acquisition of
a fee simple interest in land by public
agencies, including, but not limited to,
divisions made for road or public right-of-way
conveyance or widening purposes. This
exemption shall not be construed to include
acquisitions of easements. .
5. Violations - Penalties.
a. Criminal Penalties and Liability. Any
person, firm, corporation, or association or
any agent of any person, firm, corporation or
association who sells, offers for sale, leases,
or transfers any lot, tract, or parcel of land
prior to compliance with this Section 7 is
guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a
fine not to exceed one thousand . dollars
($1,000) or by imprisonment in jail for a term
not exceeding ninety (90) days, or by both
such fine and imprisonment. Each violation
or each sale, offer for sale, lease, or transfer
of each separate lot, tract, or parcel of land
in violation of any provision of this Section is
deemed a separate and distinct offense, If
performance of an offer of agreement to sell,
lease or otherwise transfer a lot, tract or
parcel of land following preliminary approval
of a short plat or long plat, but prior to final
plat approval, is expressly conditioned on the
recording of the final plat containing the lot,
tract or parcel under this Section, the offer or
agreement does not violate any provision of
this Section. All payments on account of an
offer or agreement conditioned as provided
in this Section shall be deposited in an
escrow account and no disbursements to
sellers are permitted until the final plat is
recorded, This prohibition of property
transfers prior to compliance with this
Section shall apply equally to transfers prior
to completion of short subdivisions, long
subdivisions and binding site plans,
b. Section 10 Applicable. In addition to the
penalties provided in this Section 7.1.5, all
violations of any provision of this Section or
any incorporated standards, or conditions of
any permit issued hereunder, are subject to
the provisions of Section 10 of this Code.
The administrator is authorized to enforce
the provisions of this Section in accordance
with Section 10 of this Code.
c. Other Enforcement Action. In the event an
applicant for a short subdivision, long
subdivision, or binding site plan fails and
refuses to install required improvements in
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the time required by any preliminary or final
approval, the county may withhold further
building or other development permits, make
demand against any bonds, collect moneys
deposited in escrow to secure installation of
improvements, initiate a local improvement
district, or take such other action as may be
necessary to cause the improvements to be
made.
7.2 Boundary Line Adjustments.
1. Purpose, Scope and Limitations.
a. Purpose and Scope. The purpose of this
Section 7.2 is to provide procedures and
criteria for the review and approval of
adjustments to boundary lines between
platted or unplatted lots, tracts or parcels, or
both in order to:
(1) Allow the enlargement or merging of
lots, tracts or parcels to improve or
qualify as a buildable lot or for any
other lawful purpose;
(2) Rectify defects in legal descriptions;
(3) Achieve increased setbacks from
property lines or environmentally
sensitive areas;
(4) Correct situations wherein an
established use is located across a lot
line; or
(5) For other similar purposes,
This Section 7,2 is also intended to ensure
compliance with the Survey Recording Act,
Chapter 58,09 RCW and Chapter 332-130
WAC.
b, Prohibited Boundary Changes. This
Section 7.2 shall not apply to boundary
changes that would:
(1) Result in the creation of an additional
lot, tract, parcel, site within a binding
site plan or division, or the enlargement
of existing lots, tracts or sites to create
more than one (1) additional buildable
lot, as defined in Section 2 of this
Code;
(2) Result in a lot, tract or parcel or site
within a binding site plan that does not
qualify as a buildable lot as defined in
Section 2 of this Code;
(3) Relocate an entire lot, tract or parcel
from one (1) parent parcel into another
parent parcel;
(4) Be inconsistent with any restrictions or
conditions of approval for a recorded
short plat or long plat; or circumvent
the short subdivision or long
Unified Development Code
Section 7 . Land Divisions
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subdivision procedures set forth in this
Section 7. Factors that indicate that the
boundary line adjustment process is
being used in a manner inconsistent
with the intent of this Section 7,2
include:
i. Numerous and frequent
adjustments to the boundary of
an existing lot, tract or parcel
boundary;
ii. A proposal to move a lot to a
different location;
iii. A large number of lots being
proposed for a boundary line
adjustment.; and
iv. An adjustment that crosses
zoning district boundaries where
the administrator reasonably
believes that the adjustment is
intended to serve as a rationale
for a future re-zoneapplication,
c. Elimination of Boundary Lines. The
elimination of lines between two or more lots,
tracts or parcels for the purpose of creating a
single lot, tract or parcel that meets the
requirements for a buildable lot shall in all
cases be considered a minor adjustment of
boundary lines and shall not be subject to
the short subdivision or long subdivision
provisions of this Section 7.
d. Adjustments to Binding Site Plans.
Recognized lots in an approved binding site
plan shall be considered a single site and no
lot lines on the site may be altered by a
boundary line adjustment to separate lots to
another property not included in the original
site plan of the subject development.
e, Time Limitations, Lots, tracts or parcels
that have been subject to a boundary line
adjustment process that resulted in the
qualification of an additional building site
shall not be permitted to use the boundary
line adjustment process again for five (5)
years to create an additional buildable lot.
2. Application Submittal and Contents. To be
considered complete, applications for boundary
line adjustments shall include the following:
a. Applications for boundary line adjustments
shall be made on forms provided by the
Jefferson County Department of Community
Development and shall be submitted to the
Department of Community Development,
along with the appropriate fees established
under the Jefferson County Fee Ordinance;
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ITEM
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Unified Development Code
Section 7 . Land Divisions
SECTION 7 . LANDDIVISIONS
b. A completed land use permit application
form, including all materials required
pursuant to Section 8 of this Code;
c, Three (3) copies of a clean and legible
drawing suitable for recording showing the
following:
(1) The proposed lines for all affected lots,
tracts or parcels, indicated by bold
solid lines;
(2) The existing lot, tract or parcel lines
proposed to be changed, indicated by
light broken lines;
(3) The intended future use of the
adjusted lots, tracts or parcels;
(4) The location and dimensions of all
structureslimprovements existing upon
the affected lots, tracts or parcels and
the distance between each such
structure/ improvements and the
proposed boundary lines, with
structures proposed to be removed
from the site depicted with broken lines
and structures to remain on the site
depicted with solid lines;
(5) The original legal description of the
entire property together with new
separate legal descriptions for each
lot, tract or parcel, labeling them each
as existing parcel A, existing parcel B,
revised parcel A, revised parcel B,
etc,;
(6) A north arrow indication and scale;
(7) All assessor's tax parcel numbers for
the affected lots, tracts or parcels;
(8) The location of the property as to
quarter/quarter section;
(9) The location and dimensions of any
easements within or adjacent to any
affected lots, tracts or parcels;
(10) The location, right-of-way widths,
pavement widths and names of all
existing or platted streets or roads,
whether public or private, and other
public ways within or adjacent to the
affected lots, tracts or parcels;
(11) The area and dimensions of each lot
following the proposed adjustment;
(12) The existing, and if applicable,
proposed future method of sewage
disposal for each affected lot, tract or
parcel, including the location and
dimensions of any proposed septic
drainfield; and
7-3
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SECTION 7 . LAND DIVISIONS
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(13) The location of all existing and
proposed water and storm drainage
facilities;
(14) The approximate location and extent of
any environmentally sensitive areas
designated under Section 3.6.4,
above, including any flood hazard
areas lying within the existing or
revised parcel boundaries;
d. The drawing shall be attached to or include
on the face, a formal legal declaration of the
boundary line adjustment, signed and
notarized by all legal owners of the subject
properties;
e. A copy of any Covenants, Conditions and
Restrictions (CC&Rs), deed restrictions, or
planned rural residential development
(PRRD) agreements pertaining to or
affecting the property; and
f. If an individual septic system is proposed
(Le., as opposed to connection to either a
community drainfield or municipal sewer
system), the applicant shall provide written
verification from the Jefferson County
Department of Environmental Health that the
lots, tracts, parcels or sites, as each would
exist after the boundary line adjustment,. are
adequate to accommodate an on-site
sewage disposal system.
3. Review Process and Criteria.
a. Prior to approval, a proposed boundary line
adjustment shall be reviewed by the
Jefferson County Assessor.
b. Based on any comments solicited and
received from the Department of Public
Works, the Department of Environmental
Health or other applicable departments and
agencies, the administrator shall approve the
proposed boundary line adjustment only
upon finding that the adjustment would not:
(1) Create any additional lot, tract, parcel,
site within a binding site plan or
division;
(2) Result in a lot, tract, parcel, site within
a binding site plan or division that
contains increased density or
insufficient area or dimension to meet
the minimum requirements for area
and dimension as set forth in Section 3
of this Code and state and local health
codes and regulations; provided that
this provision shall not be construed to
require correction or remedy of pre-
existing nonconformities or sub-
standard conditions;
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ITEM
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7-4
(3) Diminish or impair drainage, water
supply, existing sewage disposal, and
access or easement for vehicles or
pedestrians, utilities, and fire
protection for any lot, tract, parcel, site
(Le., within an approved binding site
plan), or division;
(4) Diminish or impair any public or private
utility easement or deprive any parcel
of access or utilities;
(5) Diminish or impair the functions and
values of environmentally sensitive
areas designated under Section 3.6.4,
above or create an unsafe or
hazardous environmental condition;
(6) Create unreasonably restrictive or
hazardous access to the property;
(7) Increase the nonconforming aspects of
an existing lot, tract or parcel relative
to Section 3 of this Code; or
(8) Replat or vacate a short plat or long
plat, or revise or amend the conditions
of approval for any short or long
subdivision,
c. Following approval by the administrator, a
final record of survey document shall be
prepared by a licensed land surveyor in
accordance with RCW 58.09 and WAC 332-
130. The document shall contain a land
surveyor's certificate and a recording
certificate, The final page of the record of
survey document shall contain the following
signature blocks:
(1) The Jefferson County Assessor's
Office, to be signed by the Jefferson
County Assessor or his/her designee;
and
(2) The Department of Community
Development, to be signed by the
administrator.
d. Applications for boundary line adjustments
shall be processed according to the
procedures for Type I land use decisions
established in Section 8 of this Code.
7.3 Short Subdivisions.
1. Scope. Any land being divided .into four (4) or
fewer lots, tracts or parcels that has not been
divided through a short subdivision within the
previous five (5) years shall meet the
requirements of this Section 7.3. Land within an
approved short subdivision may not be further
divided in any manner within a period of five (5)
years without the filing of a long plat. However,
when a short plat contains fewer than four (4)
parcels, the owner of the short plat may file an
Unified Development Code
Section 7 . Land Divisions
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ITEM
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Marco de Sa e Silva, Esq.
DAVIS WRIGHT TREMAINE LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101-1688
JAff~s..2n Coun!y Excise Tax . ~ 'I
lJ 9 ~ 8 Date Jf$..:QL
....,j~~1 sAmt$~OJ..d1-
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WHEN RECORDED, RETURN TO:
1IIIf~III~1 ~III ~:~~~~'"
Jaffer.on COIIltv. WA JEFFIi:RSOH TITLE co I SWO U,I!lI!l'
STATUTORY WARRANTY DEED
Grantor:
ot YMPIC REAL ESTATE DEVELOPMENT LLC, a Washington limited
liability company
Grantee:
PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company
Abbreviated Legal Description:
Portions of Sections 8, 9, 16, 17,21, Township 28 North, Range 1 East, Jefferson County,
Washington,
Complete legal description is on pages 8 through 10 hereto,
Assessor's Property Tax Parcel Account Numbers:
, 969500009
SEE A TT ACHMENT NO.1 FOR COMPLETE LISTING OF TAX PARCEL NUMBERS.
Reference to Related Document: None
\\SEA_ABBOTI\DOCS\DOCS\46J&3\1 08\REPSA \ORED Deed (v6).doc
LOG ITEM
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Page t Ch _01197
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Stan Kadesh moved that the multi-family and single family residential structures
(10 du/ac) on Page 10 in the RClcF Use Chart include a statement "not to exceed
those specified in Section 3,901.16", Colette Kostelec seconded the motion.
Stan Kadesh explained that anyone who acquired the resort property could build any
one or all of the permitted uses, It could allow the con~truction of 170 multi-
family units, instead of building any of' the other uses. Mr. Kadesh stated that
Ms. Lumsden had indicated that the use was on the. chart in order that 3.901,16
could be built, Mr, Kadesh stated that those structures. were in the original
plans that Tony Puma had spoken about earlier. Janet Welch stated that all of the
uses were limited by 3,901. She noted that the paragraph before the chart.for
3,402 should state 3.901 instead of 3.90. Mr. Kadesh agreed that the reference
was limiting and withdrew his motion.
O. .Michelle Sandoval commented thatMs ,Lumsden ha.d stated that the CC&Rs supe rcede~d.
the county codes. Ms. Sandoval stated that was not necessarily so; it only
applied if the CC&Rs were more stringent. Faith Lumsden agreed that Ms. Sandoval
was correct.
Michelle Sandoval referred to Mr, Puma's concern about the open space, stating
that she had a question about the existing plats. Ms,. Sandoval stated that if the
open.space w~s part of the CC&Rs, and the landowners who bought their lot fee
simple had an undivided interest in the open space, the open space could not be
re-divided or altered in any fashion without their consent because it was part of
what they were deeded when they purchased their lot. Ms. Sandoval stated that in
many of the are~s under discussion, she wondered how many of the plats had that in
their CC&Rs. Faith Lumsden replied that 3.903 should be rewritten. She stated
that it 'should say.the plat names, although they had not wanted to use them
because plats changed, Ms, Lumsden stated that it should say that because Ludlow
Bay Village was a vested plat, it need~d to go through a plat alteration process
to vacate the undeveloped portion of the plat. The county had a public process
for plat alterations, It should include a review of all the conditions Mr. Puma
- -----breltYgh-e- up-:--That woUTd--o-e~tnetTmeto-make sure the open space areas were not
II vacated or that the access easements continued, for instance. Ms. Lumsden
emphasized that it was only the undeveloped portion that could be vacated. Ms.
Sandoval stated that even the undeveloped portion still .needed the consensus of
the homeowners. Ms, L,u~~d~.n c~~E!.;:i~<?:t!1_<it:YC)Urnu..l3t:AaYELacertainpercentageof
the property owners. She commented that ORM probably met that percentage to get
the plat into the alteration process because they still owned the undeveloped lots
that were recorded. Ms. Lumsden stated that the only plat that was likely to be
vacated, or partly vacated, was Ludlow Bay Village. Ms, Sandoval asked about any
other plat alterations that were not being called plat alterations because there
were changes occurring within the commo~ spaces throughout Port Ludlow. Ms.~'
Sandoval stated that it was a concern of hers and suggested that staff find out,
particularly since the commission had heard concerns from lot owners. She
acknowledged that she did not know which plats were involved. The concern was
that it seemed some property owners were.annexing portions of the open space to
their lots, Ms. Sandoval stated that it would be interesting to see if there were
any other plans through the ordinance that would take any of the open space and
how the CC&Rs were written for the different plats in Port Ludlow. Ms. Sandoval
stated that any undivided interest by the owners should be considered before aqy
plat alterations were allowed to Occur, Phil Andrus suggested that the commission
come back to that issue so that Ms. Sandoval could clarify it and present
something for the commission to decide upon,
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Phil Andrus asked if Ms, Lumsden had language for revising 3.903. Faith Lumsden
replied that she would have to draft language, She suggested it should address a
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111
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10
L()G ITEM
H~~
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age~ D =Of {S1
AN ORDINANCE repealing the interim )
development controls of Ordinance )
10-1214-98 and adopting new development )
regulations for the Port Ludlow Master )
Planned Resort. )
ORDINANCE NO. 08-1004-99
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
WHEREAS, Jefferson County adopted its 20 year comprehensive land use plan on August 28,
1998,
WHEREAS, The Comprehensive Plan designated the Port Ludlow community as a Master
Planned Resort based on the provisions contained in RCW 36.70A.362; and
WHEREAS, the County is required to adopt development regulations that are consistent with the
provisions of the Comprehensive Plan; and
WHEREAS, emergency interim regulations were adopted for the Master Planned Resort, one
appeal was filed and others were under consideration, and, as an alternative to an appeal process
and in consideration of dismissal of the appeal, the County initiated mediation between
stakeholders representing a wide range of community interests; and
WHEREAS, the stakeholder interest groups have reached consensus on the issues related to this
phase of the planning process that might otherwise have been subject to appeal; and
WHEREAS, a memorandum of understanding between Olympic Water and Sewer, Inc, and
Jefferson County accompanies this ordinance and provides for equitable allocation of sewer
services within the boundary of the Master Planned Resort for at least the next 20 years; and
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
WHEREAS, a development agreement setting forth provisions and limitations on future resort
and related development plans is expected to proceed through a separate public review and
adoption process; and
WHEREAS, the environmental impacts of this Ordinance are within the scope of the impacts
anticipated by the County's Comprehensive Plan and within the range of impacts evaluated in the
1993 environmental studies referenced below; and
WHEREAS, environmental review for the new regulations has been completed and included
adoption of the Draft and Final Environmental Impact Statements (EISs) for the Jefferson County
Comprehensive Plan (published February 1997 and May 1998), the Draft and Final EISs for the
Inn at Port Ludlow (October 1992 and April 1993), and the Draft and Final EISs for the Port
Ludlow Development Program (October 1992 and April 1993);
NOW, THEREFORE, The Jefferson County Board of Commissioners does ordain as follows:
tJ)G ITEM
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Page 1 of22
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Page 2 of 22
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ORDINANCE NO, 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
SECTION 1
AUTHORITY AND PURPOSE
Section 1.10 Authoritv and Table of Contents: This ordinance is adopted pursuant to Chapter
36.70 RCW. The Table of Contents for the MPR regulations set forth in this ordinance is as
follows:
SECTION 1 AUTHORITY AND PURPOSE
1.10 Authority and Table of Contents
1.15 Title
1.20 Purpose and Intent
1.30 Rules of Interpretation
1040 Additional Requirements
1.50 Qualified Lead Planner
1.60 Public Notice Roster
SECTION 2 SCOPE OF REGULATIONS
2.10 Applicability
2.20 Compliance With Regulations Required
2.30 Exemptions
2040 Non-conforming Uses
2.50 Non-conforming Structures
2.60 Community Associations and Facilities
SECTION 3 PORT LUDLOW MASTER PLANNED RESORT ZONING DISTRICTS
3.10 Single Family Zone (MPR-SF)
3.10 1 Purpose
3.102 Permitted Uses, Lot Size, and Density
3,103 Conditional Uses, Lot Size, and Density
3.104 Height Restrictions
3.105 Bulk and Dimensional Requirements
3.106 Commercial Forest Land Buffers
3.107 Accessory Dwelling Units Prohibited
3.108 Conceptual Site Plan Requirement
3.20 Single Family Tract Zone (MPR-SFT)
3.201 Purpose
3.202 Permitted Uses
3.203 Conditional Uses
3.204 Height Restrictions
3.205 Bulk and Dimensional Requirements
3.206 Accessory Dwelling Units Prohibited
3.30 Multi-family Zone (MPR-MF)
3,301 Purpose
3.302 Permitted Uses
3.303 Conditional Uses
3,304 Height Restrictions
3.305 Bulk and Dimensional Requirements
ITEM
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Pags_JJ.Lh_of 157
Page3 of 22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adoptingnew development
regulations for the Port Ludlow Planned Resort.
3.40 Resort Complex/Community Facilities Zone (MPR-RC/CF)
3.401 Purpose
3.402 Permitted and Conditional Uses
3.403 Non-Resort Uses and Properties
3.404 Height Restrictions
3.405 Bulk and Dimensional Requirements
3.50 Village Commercial Center Zone (MPR- VC)
3,501 Purpose
3.502 Permitted Uses
3.503 Conditional Uses
3,504 Height Restrictions
3,505 Bulk and Dimensional Requirements
3.60 Recreation Area (MPR-RA)
3.601 Purpose
3.602 Permitted Uses
3.603 Height Restrictions
3.604 Bulk and Dimensional Requirements
3.70 Open Space Reserve (MPR-OSR)
3.701 Purpose
3.702 Permitted Uses
3.703 Conditional Uses
3,704 Height Restrictions
3.705 Bulk and Dimensional Requirements
3.80 Development Cap
3.801 Development Cap and MERUs
3.802 MERU Record
3.803 MERU Allocation and Assignment
3.804 Initial Allocation of Commercial MERUs
3,805 Initial Allocation of Residential MERUs
3.806 MERU Transfer
3.807 MERU Allocation Not Property Specific; Limitations
3.90 Resort Development
3.901 Resort Plan
3.902 Permit Process for Resort Development
3.903 Requirement to Vacate or Withdraw Existing or Vested Development Rights
3.904 Environmental Review for Resort Plan Development
3.905 Revisions to Resort Plan
3.906 Major Revision
3.907 Minor Revisions
Section 1.15 Title: The regulations set forth in this ordinance shall be known as the Port
Ludlow Master Planned Resort Code, or by the short title, MPR Code. Citations to these
regulations may be made using the applicable section number and this ordinance number or the
name of this code.
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Page 4 of 22
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ORDINANCE NO, 08.1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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Section 1.20 Purpose and Intent: The purpose and intent of the MPR Code is to set forth
development regulations that comply with and are consistent with the Jefferson County
Comprehensive Plan for future development within the boundaries of the Port Ludlow Master
Planned Resort.
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Section 1.30 Rules of Interpretation: The following rules apply in making interpretations of
the terms and conditions contained herein.
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1.
For purposes of this Ordinance, all words used in the ordinance shall use normal and
customary meanings, unless specifically defined otherwise in this ordinance.
Words used in the present tense include the future tense.
The plural includes the singular and vice-versa.
The words "will" and "shall" are mandatory.
The words "may" and "should" indicate that discretion is allowed.
The word "used" includes designed, intended, arranged, or intended to be used.
The masculine gender includes the feminine and vice-versa.
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3.
4.
5.
6,
7.
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Section 1.40 Additional Requirements: The following Ordinances and
requirements may qualify or supplement the regulations presented in this ordinance. Where the
regulations of this ordinance, those set forth below, or any other local, state, or federal regulations
overlap, the most restrictive and/or protective standards shall apply,
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1. Ordinance No. 05-0509-94, Interim Critical Areas Ordinance,
2. Ordinance No. 10-1104-96, Stormwater Management Ordinance
3. Ordinance No. 04-0526-92, Subdivision Ordinance, as amended by this Ordinance
4. Chapter 246-272 WAC, On-Site Sewage Systems
5. Shoreline Management Master Program
6. Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this Ordinance (see
section 3.106) to limit agreements pursuant to section 7.20(1) of the Forest Lands
Ordinance so that when a new structure is proposed on land adjacent to land designated
as Commercial Forest Land, in no case shall an agreement be made which allows the
setback to be reduced to less than 150' and, further, a minimum average setback of 200'
shall be maintained, exclusive of critical areas and their associated setbacks,
7. All local and state monitoring, operational, and management requirements for sewer,
water, and stormwater utilities, updated as may be required by the local or state agency
with jurisdiction.
8. Ordinanee No. 01 0828 98, Land Use Proeeduros Ordinance, The applicable provisions
of the Jefferson County Unified Development Code. which. in the case of the Port
Ludlow Master Planiled Resort. relate exclusively to Section 8 (Permit Application &
Review Procedures/SEP A Implementation ). Section 9 (Comprehensive Plan and GMA
Implementing Regulations Amendment Process). and Section 10 (Enforcement) insofar
as they relate to proiect permit review procedures. resort plan amendment or revision
procedures. and enforcement specified under this Ordinance.
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Section 1.50 Qualified Lead Planner: The Director of the Department of Community
Development shall appoint a qualified planner to serve as the lead planner for the Port Ludlow
Master Planned Resort community, The lead planner shall review or coordinate review of all
land use applications within the MPR boundaries, and shall serve as the initial point of contact for
citizens seeking information on development proposals or planning issues in the community.
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ITEM
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Page 5 of 22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1114-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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Section 1.60 Public Notice Roster: The Department of Community Development shall
establish and maintain a public notice roster which shall be used to provide notice of land use
applications within the MPR boundaries. The Port Ludlow MPR roster shall supplement any
other list of names or addresses to which the department provides public notice information. Any
person or organization may request to be added to the roster at any time.
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SECTION 2
SCOPE OF REGULATIONS
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Section 2.10 Applicabilitv. The provisions of this Ordinance shall apply to all land, all
associated water areas and all uses and structures within the boundary of the Master Planned
Resort of Port Ludlow as depicted on the official land use map for Jefferson County, Washington.
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Section 2.20 Compliance With Ree:ulations Required. No structure shall hereafter be erected
and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or
structure be used, or arranged to be used for any purpose other than that which is included among
the uses listed in the following chapters as permitted in the zoning district in which the structure
or land is located, nor shall any land or structure be used in any manner contrary to any other
requirement specified in this Ordinance,
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Section 2.30 Exemptions. The following structures and uses shall be exempt from the
regulations of this Ordinance, but are subject to all other applicable Local, State and Federal
regulations including, but not limited to, the County Building Ordinance, Interim Critical Areas
Ordinance, the Shoreline Management Master Program, and the State Environmental Policy Act
(SEP A).
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1. Wires, cables, conduits, vaults, pipes, mains, valves, tanks, or other similar equipment for
the distribution to consumers of telephone or other communications, electricity, gas, or
water or the collection of sewage, or surface or subsurface water operated or maintained
by a governmental entity or a public or private utility or other County franchised utilities
including customary meter pedestals, telephone pedestals, distribution transformers and
temporary utility facilities required during building construction, whether any such
facility is located underground, or above ground; but only when such facilities are located
in a street right-of-way or in an easement. This exemption shall not include above-
ground electrical substations, sewage pump stations or treatment plants, or potable water
storage tanks or facilities, which shall require conditional use approval in any zone where
perlnitted.
2.
Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad
right-of-way, and maintenance and repair work on such facilities and equipment.
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3.
Telephone booths and pedestals, underground utility equipment, mailboxes, bus shelters,
informational kiosks, public bicycle shelters, or similar structure or device which is found
by the Director of Community Development is obviously intended to be appropriately
located in the public interest,
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4.
Agricultural buildings used to house livestock, store feed or farm equipment.
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5.
Minor construction activities, as defined by the UBC, Section 106.2 and structures
exempt under Jefferson County Building Code Ordinance #03-0713-98 as amended.
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ITEM
t(~1riC'~- .,-, ~
~)r".r~"""........o'f /57.
fl'l'a'\;..."J~: ..', ',' .a .... "
~.,..;J . ',' ':
Page 6 of 22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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6. Storm water detention facilities associated with and accessory to new development are
permitted in all zones. Any above ground detention facility or pond shall be screened
from the public right-of-way or appropriately landscaped to ensure compatibility with the
surrounding area.
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Section 2.40 Nonconformin!! Uses: Existing legal non-residential uses are valid land uses in all
zones of the Master Planned Resort and shall comply with Comprehensive Plan policies LNP 8.1-
8,11 on non-conforming uses.
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Section 2.50 Nonconformin!! Structures: Existing legal nonconforming structures damaged
or destroyed by fire, earthquake, explosion, wind, flood, or other calamity may be completely
restored or reconstructed if all of the following criteria are met:
1, The restoration and reconstruction shall not serve to extend or increase the nonconformity
of the original structure.
2. The reconstruction or restoration shall, to the extent reasonably possible, retain the same
general architectural style as the original destroyed structure, or an architectural style that
more closely reflects the character of the surrounding neighborhood.
3. Permits shall be applied for within one (1) year of the damage. Restoration shall be
substantially complete within two (2) years of permit issuance.
4. Expansions or substantial modifications to rebuilt nonconforming structures shall comply
with current regulations and codes, except that an existing nonconformity regarding the
amount of impervious surface on a site may be maintained.
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Section 2.60 Community Associations and Facilities: The Ludlow Maintenance Commission,
Inc. (LMC) and the South Bay Community Association (SBCA) are recognized as existing
organizations with facilities including, but not limited to, club houses, parking areas, recreation
vehicle parking, recreational facilities, and parks and trails located in the MPR. LMC and
SBCA facilities are separate from and not part of the Resort, as defined in section 3.90.
Expansions, modifications, or changes to these separate LMC and SBCA facilities and uses are
allowed, consistent with the provisions of this code, and exclusive of the limitations imposed by
section 3.90,
SECTION 3
PORT LUDLOW MASTER PLANNED RESORT ZONING DISTRICTS
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SECTION 3.10 SINGLE FAMILY ZONE (MPR-SF)
Section 3.101 Purpose: This zone recognizes, maintains and promotes single family residential
areas within the MPR, and provides opportunities for reasonably priced housing.
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Section 3.102 Permitted Uses. Lot Size and Density: The following uses, lot SIzes, and
densities are permitted within the MPR-SF zone:
1. Single family detached dwelling units.
2. Home-based business.
3. Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting the residential environment, when clearly subordinate and
supplemental to a permitted use.
4. Trails, parks, open space and playgrounds approved through a platting or development
reVIew process.
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4 DU/ AC
4 DU/ AC
5,000 s .ft,
3,500 sq.ft.
Conditional
Use re uired
Minimu
m Lot
Width
40'
40'
20'
20'
5'
5'
5'
5'
45%
2,250 square feet for
any lot less than 5000
s . ft. in size
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I
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
5. Minimum lot areas of 5,000 square feet approved through a platting process and not to
exceed a gross density of four (4) dwelling units per acre. Existing subdivisions shall not
be further subdivided.
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Section 3.103 Conditional Uses. Lot Size and Densitv: The following uses, lot sizes, and
densities are permitted conditionally in the MPR-SF zone:
1. Trails, parks, open space and playgrounds if not part of a platting or development review
process,
2, Minimum lot areas of 3,500 square feet if approved through a platting process and not to
exceed a gross density of four (4) dwelling units per acre. Existing subdivisions shall not
be further subdivided.
3. Single family attached dwelling units including duplexes, triplexes and fourplexes as part
of a new subdivision, not to exceed a gross density of four (4) dwelling units per acre.
Setbacks and impervious surface limits shall apply to the total lot or development parcel,
not to the land allocated to any individual attached unit. For purposes of this Ordinance,
"single family attached" shall mean a townhouse style or side-by-side development, not
stacked units.
4. Fire stations; provided that existing fire stations are allowed a one time expansion of up
to 30% in. the size of the building footprint without going through a conditional use
process.
5. Above-ground electrical substations, sewage pump stations or treatment plants, and
potable.water storage tanks or facilities,
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Section 3.104 Heieht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height.
Section 3.105 Bulk and Dimensional Requirements: Bulk and dimensional requirements shall
be as provided in Table MPR-SF below. For projects proposing single family attached units, the
requirements shall apply to the total lot, not to the land allocated to any individual attached unit.
Density
Minimum
Lot Area
TABLE MPR-SF
Front Yard Side Yard Rear Yard Maximum Impervious
Setback Setback Setback Surface
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Section 3.106 Commercial Forest Land Buffers: New developments on property located
adjacent to lands designated Commercial Forest are subject to the requirements of the County's
Forest Lands Ordinance No. 01-0121-97. Section 7.20(1) of the Forest Lands Ordinance allows
modification of the standard 250' setback from adjacent commercial forest lands. Within the
MPR-SF zone, the following limitations shall apply to any agreement to modify the standard
buffer or setback requirement for development adjacent to Commercial Forest land,
1, An average setback of at least 200' shall be maintained,
2. Critical areas and critical area setbacks or buffers shall not be included in the calculation
or areas used to establish the 200' average setback distance.
3. A minimum setback of 150' shall be maintained.
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ITEM
:# rA2~?-"
:r""'!i.,..., ,.., ~"1.1 <:... 'Of IC:7
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Page 7 of 22
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1 DU/2.5 AC
Minimum
Lot Area
2,5AC
TABLE MPR~SFT
Minimum Front Yard Side Yard
Lot Width Setback Setback
100' 25' 25'
Rear Yard Maximum Impervious
Setback Surface
25' 20%
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I
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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5,
Natural vegetation and forested areas shall be maintained in a native state, but may be
managed to ensure healthy reforestation and avoid hazards to life or property,
The boundaries of the buffer or setback area shall be visibly marked during and following
development.
When established through a platting process,' the buffer or setback area shall be
designated on the face of the plat as a separate open space tract.
4.
6.
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3.107 Accessory Dwellinl! Units Prohibited: Accessory dwelling units shall not be allowed in
the MPR~SF zone,
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3.108 Conceptual Site Plan Requirement: Prior to preliminary plat approval in the south area
designated on the Comprehensive Plan Land Use Map as requiring a "conceptual site plan," a
plan shall be submitted to the Department of Community Development showing a concept for
development of the entire south area. The conceptual site plan shall illustrate at least one
development option for the entire south area and shall at a minimum address required buffers,
road layout, and potential phasing.
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SECTION 3.20 SINGLE FAMILY TRACT ZONE (MPR~SFT)
Section 3.201 Purpose: This zone recognizes, maintains and promotes larger, single family
residential tracts within the MPR.
Section 3.202 Permitted Uses: The following uses are permitted within the MPR-SFT zone:
1. Single family detached dwelling units.
2, Accessory uses and structures, such as garages, carports, storage buildings and similar
structures supporting the residential environment, when clearly subordinate and
supplemental to a permitted use.
3. Accessory buildings, such as barns, stables and similar structures, when clearly
subordinate and supplemental to a permitted use,
4. Home-based business,
5. Trails, parks, open space and playgrounds approved through a platting or development
review process.
Section 3.203 Conditional Uses: The following uses are permitted conditionally within the
MPR-SFT zone:
1. Trails, parks, open space and playgrounds if not part of a platting or development review
process.
2. Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water storage tanks or facilities.
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Section 3.204 Heil!ht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height.
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Section 3.205 Bulk and Dimensional Requirements: Bulk and dimensional requirements shall
be as provided in Table MPR-SFT below.
Density
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Page 8 of 22
ITEM
# !) co
P.' 'l,f:;::::~l (r -~f~ 'Ie:. . "7.
.r,;;l~;\!'\L;;~. ..._Y2-~O ~.
10 DU/ AC
Minimum
Lot Area
N/A
Minimum
Lot Width
N/A
TABLE MPR-MF
Front Yard Side Yard
Setback Setback
UBC UBC
Rear Yard Maximum
Setback 1m ervious Covera e
UBC 55%
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I
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 3.206 Accessorv Dwellinl! Units Prohibited: Accessory dwelling units shall not be
allowed in the MPR-SFT zone.
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SECTION 3.30 MUL TI-F AMIL Y ZONE (MPR-MF)
Section 3.301 Purpose: This zone recognizes, maintains and promotes multifamily housing
opportunities within the MPR, in part to provide lower-cost housing units.
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Section 3.302 Permitted Uses: The following uses are permitted within the MPR-MF zone:
1. Multi-family dwelling units including condominiums.
2, Assisted-Living, congregate care, and long-term care facilities.
3. Accessory uses and structures, such as garages, carports, storage buildings, pools, and
recreation buildings supporting the residential environment, when clearly subordinate and
supplemental to a permitted uSe.
4. Home-based business.
5. Trails, parks, open space and playgrounds approved through a platting or development
reVIew process,
6. Single family attached (townhouse style) or detached dwelling units.
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Section 3.303 C()nditional Uses: The following uses are permitted conditionally in the MPR-
MF zone:
1. Trails, parks, open space and playgrounds if not part of a platting or development review
process.
2. Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water tanks or storage facilities.
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Section 3.304 Heil!ht Restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height as measured by UBC standards.
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Section 3.305 Bulk and Dimensional Requirements: Bulk and dimensional requirements
shall be as provided in Table MPR-MF below. Single family residential uses are subject to the
requirements of section 3.10; provided that conditional use approval shall not be required for
single family attached development.
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Density
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SECTION 3.40 RESORT COMPLEx/COMMUNITY FACILITIES ZONE (MPR-RC/CF)
Section 3.401 Purpose: The MPR-RC/CF zone provides amenities and services associated with
a resort and the surrounding community, and supports existing residential uses, Uses allowed in
the RC/CF zone recognize the recreational nature of the resort and include the existing and
planned resort complex, as well as limited permanent residential uses, and non-resort community
facilities including a beach club and Kehele Park. Kehele Park is located north of the actual
resort area and serves as a community park.
ITEM
.ti ~tff
tf"
;"--.,',,,.- ------. --_.~--
Pa~e 1... Of 157
.'.";J ..,,;.,.:':..............,............_.. . . ._ :.
Page 9 of22
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I
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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Section 3.402 Permitted and Conditional Uses: The following uses are permitted within the
MPR-RC/CF zone, Within the resort area, for resort facilities only, the uses set forth below are
further described and limited by the Resort Plan, as set forth in section 3.901.
3.403 Non-Resort Uses and Properties: Those non-resort controlled uses and activities which
currently exist within the RC/CF zone are recognized as valid uses and activities and may
continue, expand, or change in accordance with the provisions of this ordinance, These non-resort
uses, activities, and properties are not regulated by the provisions for the Resort Plan as set forth
in section 3.90.
Section 3.404 Hei!!ht Restrictions: No building or structure shall be' erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC
standards, except that Hotels and associated Conference Center facilities, as specified in the
Resort Plan (see section 3.90) may be allowed to a height not exceeding 50 feet as measured by
UBC standards when the Jefferson County Fire District (#3) finds that fire-fighting and life safety
issues have been adequately addressed.
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RC/CF USE CHART
USES
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rocess
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10 du/ac)
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CHART INTERPRETATION: a./ means a use is permitted; "C"
means conditional use a roval is re uired.
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RC/CF
Resort Area
./
./
./
./
./
./
C
C
./
./
./
./
./
./
./
RC/CF
Kehele Park
./
./
Section 3.405 Bulk and Dimensional Requirements: Bulk and dimensional requirements for
commercial uses in the MPR-RC/CF zone are contained in the table below, Single family
residential uses are subject to the requirements. of section 3.10; provided that conditional use
approval shall not be required for single family attached development . Multi-family uses and
structures are subject to the requirements of section 3.30,
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Minimum
Lot Area
N/A
TABLE MPR-RC/CF
Minimum Front Yard Side Yard
Lot Width Setback Setback
N/A UBC UBC
Rear Yard Maximum Impervious
Setback Covera e
UBC 50%
Density
N/A
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. ~ r~!V1
#M
,,,,,,.... .,.,........-. _...--. .
p ">"("4~." .r.
\cl,,;;_. _01 157-
Page 10 of22
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Page 11 of22
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ORDINANCE NO, 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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ITEM
tJ;. as :t
".._, '71 '"'~()f~
,~Lt,<,_._ J2l
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Pag<: 12 of22
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I
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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SECTION 3.50 VILLAGE COMMERCIAL CENTER ZONE (MPR-VC)
Section 3.501 Purpose: The MPR-YC zone provides retail and commercial uses and other
services to meet the needs of resort visitors and community residents. In addition to retail and
commercial uses or services, other uses such as government or community offices and facilities,
long-term care facilities, residential uses, and visitor services are permitted within this zone,
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Section 3.502 Permitted Uses: The following uses are permitted in the MPR-YC zone:
MPR- VC PERMITTED USES
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RETAIL SERVICES OTHER
Bank and Financial Institutions Travel Consultant Art Gallery
Variety Stores Dry Cleaner/ Laundry Theater
Grocery Stores Barber andBeauty Shops Post Office
lIardware Stores General/Business Offices Recycling Drop-off Facility
Pharmacy and Drug Stores Professional Offices Library
Liquor Stores (state) Real Estate Museum
Personal Medical Supply Stores Day Care Center Community Center
Florist Shops Clinics (Medical, Dental, Police Facility
MentallIealth, Chiropractic)
Specialty Food Stores Social Services Fire Station
Sporting Goods and Related Miscellaneous lIealth Park
Stores
Book and Stationary Stores lIome lIealth/Home Care Indoor Tennis Facility
Jewelry Stores Yehicle Repair and Gas Station
Photographic and Electronics Car Wash
Shops
Computer, Office Equipment Transportation Service RESIDENTIAL
and Related Sales
Music Stores Utility Purveyor Offices Multi-family dwellings
Farmers Market Public Agency or Utility Assisted Living, Congregate
Offices Care Facilities
Interior Decorating Shop Mailing/Packaging Business Mixed Use: Residential above
first floor commercial
Food Service Establishments Single family, attached or
detached dwelling units
Antique Store
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Section 3.503 Conditional Uses: The following uses are permitted conditionally within the
MPR-YC zone:
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1.
2.
3.
4,
Principal use, above ground, and free standing Parking Structure.
Conference Center,
lIelipad for medical emergencies only.
Above-ground electrical substations, sewage pump stations and treatment plants, and
potable water storage tanks or facilities.
Assisted Living, Congregate Care, or Multi-family uses if greater than 35,000 square feet
in gross floor area.
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5.
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'1 t). i"""
__.... l::;l
It '11~
~..v 0\
tj).~:~.":~~-l-ZJ-' -f-.......of. {C=. 7
~"'V~:jt;:t/;~;: ::L,~""" "V", ' ',',' " ' '../ ,,', '
~". ,~ji".~,:'.., ~...,;:,:~
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Density
Minimum
Lot Area
N/A
Minimum
Lot Width
N/A
TABLE MPR-RA
Front Yard Side Yard
Setback Setback
UBC UBC
Rear Yard
Setback
UBC
Maximum
Covera e
45%
Impervious
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I
ORDINANCE NO, 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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Section 3.504 Hei!!ht restrictions: No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC
standards,
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Section 3.505 Bulk and Dimensional Requirements:
1. Multi-family residential development shall be subject to section 3.305 and Table MPR-
MF.
2. Single family development shall be subject to section 3.10; provided that conditional use
approval shall not be required for single family attached development.
3, The maximum gross floor area per nonresidential building allowed shall be 30,000 sq.
feet.
4. Other requirements for nonresidential development in the MPR-VC zone are set forth in
the table below,
5, Impervious surface requirements may be met by establishing an open space tract within
the zone, but separate from property proposed to be developed, Such an open space tract
shall be permanently established prior to permit issuance through a recorded Boundary
Line Adjustment, Short Plat, or Binding Site Plan that identifies the tract and secures the
open space for the life of the associated project.
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Density
Minimum
Lot Area
N/A
Minimum
Lot Width
N/A
TABLE MPR-VC
Front Yard Side Yard
Setback Setback
UBC UBC
Rear Yard
Setback
UBC
Maximum
1m ervious Covera e
45%
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SECTION 3.60 RECREATION AREA (MPR-RA)
Section 3.601 Purpose: The MPR-RA zone recognizes, maintains, and promotes the existing and
future active recreation activities and areas within the Port Ludlow Master Planned Resort.
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Section 3.602 Permitted Uses: The following uses are permitted within the MPR-RA zone:
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1.
2.
3.
4.
5,
Parks and Trails
Golf Shop/Club HouselRestaurant/Snack Bar/Lounge
Interpretive Center, and interpretive or dir~ctional signage
Golf Course and Related Offices/Maintenance Buildings and Facilities
Indoor and Outdoor Recreation Club, including Indoor and Outdoor Tennis Facilities
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Section 3.603 Hei2ht Restrictions. No building or structure shall be erected, enlarged or
structurally modified to exceed 35 feet in height, excluding roof projections, as measured by UBC
standards.
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Section 3.604 Bulk and Dimensional Requirements: The maximum square foot area for
structures in the MPR-RAzone shall be 20,000 square feet, except for indoor tennis facilities
which shall be no larger than 27,300 square feet.
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N/A
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L()G ITEM
#.~CiC{. .
P~~7
Page 13 of22
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Man-made water features or enhanced natural water features, such as ponds, wetlands,
wetland buffer enhancements and storm water detention ponds,
Interpretive Center
Equestrian Facility.
Above-ground electrical substations, sewage pump stations, and potable water storage
tanks or facilities.
I
ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
SECTION 3.70 OPEN SPACE RESERVE ZONE (MPR-OSR)
Section 3.701 Purpose: The Open Space Reserve zone preserves in perpetuity and enhances the
natural amenities around Ludlow Bay, the Twin Islands and other natural areas within the MPR.
Uses within the Open Space Reserve shall be low impact and serve to promote or enhance the
aesthetic qualities of the Master Planned Resort, No residential or commercial development shall
be permitted in the MPR-OSR zone.
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Section 3.702 Permitted Uses: The following uses shall be permitted in the MPR-OSR zone:
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1. Parks, trails, paths, bridges, benches, shelters, and rest rooms, with associated parking.
2, Directional and interpretative signage and kiosks.
3. Private roads for maintenance and utility access or access to an interpretive center or
equestrian facility,
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Section 3.703 Conditional Uses: The following uses shall be permitted conditionally in the
MPR-OSR zone. Any interpretive center, equestrian facility, electrical substation, or water
storage tank or facility shall be located as near the outer boundaries of the zone as practicable so
as to minimize the need for access roads and other disturbance of the Open Space Reserve.
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1.
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2.
3,
4.
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Section 3.704 Hehrht Restriction: No building or structure shall be erected, enlarged or
structurally modified to exceed 25 feet in height, excluding roof projections, as measured by UBC
standards.
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Section 3.705 Bulk and Dimensional Requirements: The maximum square foot area per
building. allowed shall be 2000 sq, feet. Electrical substations and water storage tanks or
facilities may exceed this cap if approved through the conditional use process.
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3.801
1.
SECTION 3.80 DEVELOPMENT CAP
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2,
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Development Cap and MERUs :
The Jefferson County Comprehensive Plan provides that within the MPR boundary total
residential dwelling units shall not exceed 2,250. In order to implement this development
cap and allow flexibility within the limits established by the 1993 FEIS, a measurement
and transfer system based on the number of actual residential lots, actual dwelling units,
and equivalent residential units for commercial development has been established,
Equivalent residential units are measurable and transferable between residential and
commercial uses,. This ordinance uses the term "MERU" or "Measurement ERU" to
distinguish the meaning and use of the term "equivalent residential unit" in this code
from its more common application to water and sewer utility issues. In this code, MERU
and Measurement ERU are defined as set forth in section 3.803. The terms define the
measurement and transfer mechanism for future development within the MPR
boundaries.
''''.F' r....r- r. fI.
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Page 14 of22
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Within the boundaries of the Port Ludlow Master Planned Resort, total development shall
be capped at 2575 Measurement ERUs (MERUs). Actual residential dwelling units shall
not exceed 2,250,
I
ORDINANCE NO. 08.1004.99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
3.802 MERU Record: The Department of Community Development shall maintain a count of
MERUs and of residential dwelling units. A system shall be established no later than 60 days
from the effective date of this ordinance that provides an up-to-date count of available MERUs.
This system shall maintain a current count, shall be available to the general public for inspection
during regular business hours, and shall be updated as needed to reflect current usage and
allocations of MER Us, Allocations of MER Us shall be determined according to the provisions of
section 3.803, The Department shall maintain records of ERU and MERU allocations and shall
maintain a matrix showing allocation of residential and commercial MERUs.
3.804 Initial Allocation of Commercial MERUs: Of the total 2575 MERUs allowed within the
MPR, 325 are initially allocated to commercial development. Fifty-five new MERUs are
reserved for the Village Commercial Center. Three new MERUs are reserved for additional
resort commercial development, and 41 are reserved for future expansion of the golf course pro
shop and golf support facilities. All other commercial MERUs (226) are initially allocated to
existing development,
3.
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3.803
1.
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2.
3.
4.
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5,
6,
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7.
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8.
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MERU Allocation and Asshwment: MERUs shall be allocated and assigned as follows:
Each MERU shall be assumed to generate 200 gallons per day (gpd) of sewer wastewater
flow.
Each single family dwelling unit or recorded, platted lot shall count as one MERU.
Each multi-family dwelling unit shall count as one MERU.
Assisted living, congregate care, and similar facilities shall be assigned ail MERU
amount based on the number of bedrooms, beds, and type of care or assistance provided,
Reference shall be made to State Department of Ecology sewer design standards for
single family and multiple family dwellings, nursing homes, and homes for the aged,
Ecology design standards shall be those in place at the time of application for assisted
living, congregate care or similar uses.
Commercial development shall be assigned an MERU amount based on State Department
of Ecology design standards, as of the effective date of this ordinance.
If a use is proposed that is not called out in this section or is not assigned a flow rate by
the State Department of Ecology, the required gallons per day for a use (and its MERU
allocation) may be assigned based on measurements of actual use or other comparative
process as approved by the Department of Community Development.
Residential lots approved by a preliminary subdivision or preliminary short subdivision
shall be allocated MERUs based on the preliminary subdivision (preliminary plat or
preliminary short plat) approval. If the preliminary plat or preliminary short plat expires
or is withdrawn before being finaled, the MERU allocation shall revert to unallocated
status.
If a recorded subdivision is vacated or if platted lots are consolidated through a boundary
line adjustment or otherwise in a manner. that precludes development of one or more
residential uses, unusable MERUs shall revert to unallocated status.
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3.805 Initial Allocation of Residential MERUs: Of the total 2575 MERUsallowed within the
MPR boundaries, 2250 are initially allocated to residential development. Existing (built)
residential development accounts for 1064 residential MERUs, platted but undeveloped lots total
727, and lots with preliminary plat approval account for an additional 326. As of the effective
date of this ordinance, a total of 133 MERUs remain available (subject to final verification
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Page 15 of22
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4,
5,
Section 3.901 Resort Plan: The Resort Plan for future development of properties in the MPR-
RC/CF zone shall be limited and shall not exceed the scope of development set forth below and
shall include no uses. except those set forth below, unless a major revision is approved (see
section 3.905). Changes to this Resort Plan that decrease the sizes noted below are allowed. As
of the effective date of this ordinance, the Resort Plan shall be as set forth herein.
1. Gross square feet of resort development: 498,300.
2. Hotel Guest Rooms: 275
3. Restaurants - total square feet: 59,000
One 200 seat year round restaurant
One 125 seat seasonal restaurant (near marina)
Also includes hotel lobby and registration area,
Spa area, kitchens, offices and storage rooms.
Lounge, one year round, 125 seats, square feet:
Resort retail square feet:
Plus associated storage square feet:
5,000
2,500
1 ,400
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ORDINANCE NO, 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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pursuant to section 3.802) for additional residential development or may be transferred to support
commercial development as set forth in section 3,806,
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3.806 MERU Transfer: MERUs initially allocated for residential development may be
transferred to support commercial development. Commercial MERUs may support either
commercial or residential development, provided that commercial MERUs shall not be
transferred to support residential development exceeding the cap of 2,250 dwelling units.
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3.807 MERU Allocation Not Property Specific: Limitations: MERUs are not assigned to
specific properties, with the following limitations:
1, Developed properties, platted properties, properties with approved preliminary plats, and
properties with issued or vested building permits shall have, maintain and carry forward
the MERU allocation associated with the use, plat, preliminary plat, or building permit
for as long as the use or plat exists or the preliminary plat or building permit maintains its
active status.
2, The Village Commercial Center zoneshall have an initial allocation of 55 new MERUs,
3, The Resort Complex/Community Facilities zone shall have an initial allocation of 3 new
MERUs on the resort property.
4. The Recreation Area zone (golf course pro shop .and golf support facilities) shall have an
initial allocation of 41 new MERUs,
5. All remaining MERUs and any MERUs that revert to unallocated status pursuant to
sections 3.803(7) or (8), are available for future residential or commercial development,
with no limitation, assignment or reservation,
6. This allocation of MERUs shall be updated by the Department of Community
Development as set forth in section 3.802.
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SECTION 3.90 RESORT DEVELOPMENT
This section describes the "Resort Plan" for. facilities to be located in the Resort
Complex/Community Facilities zone, sets out a required environmental review process for any
future resort development, and provides processes for reviewing major or minor revisions to the
Resort Plan, These provisions apply to the resort and associated development whether on resort
owned property or on other property. These provisions do not apply to any future development
proposed solely by and for the LMC, SBCA, or any other community association.
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Building heights and impervious surface limits shall apply as set forth in section 3.40. Surface
parking in addition to the structured or underground parking noted above may be provided.
Miscellaneous support. areas including laundry facilities and administrative offices may be
included, but shall not increase the gross square footage for the resort complex, except that the
minor revision process may be used to permit these facilities with up to a 5% increase in gross
square footage.
Section 3.902 Permit Process for Resort Development:
1. A project level Supplemental Environmental Impact Statement (SEIS) analyzing the
resort plan is. required prior to issuance of building permits for any new resort
development. Environmental review of the Resort Plan shall not be piecemealed or
broken into small segments. The applicant may choose to develop a new Environmental
Impact Statement rather than a Supplement.
2. Notice of application for environmental review of the Resort Plan shall be provided to all
persons on the Port Ludlow MPR Roster established by the Department pursuant to
section 1.60, as well as to any other persons or agencies entitled to notice pursuant to the
County's Procedures Ordinance,
3. Actual building permit plans or construction drawings are not required during the SEIS
process. Architectural drawings including a detailed site plan, and architectural sketches
or drawings showing approximate elevations, sections, and floor plans are required,
however, to ensure that the SEIS considers project-level details.
4. The Department of Community Development may impose mitigating conditions or issue
a denial of some or all of the Resort Plan based on the environmental review and using
authority provided pursuant to the State Environmental Policy Act, RCW 43,21C. A
report detailing any such conditions or denials shall be issued within 30 days of issuance
of the Final SEIS, and prior to issuance of any Resort Plan building permits. This report
and the conditions, approvals or denials contained therein shall be treated as an
administrative decision of the Department under the County's Proeecka-es Ordinance
Unified Development Code (Type A II decision) and shall be appealable to the county
hearing examiner.
5. Following completion of the SEIS and the Department report on the Resort Plan, building
permits may be issued, following appropriate plan review, for projects analyzed in the
.
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ORDINANCE NO, 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
6,
Conference Center, associated with and physically
part of Hotel buildings, square feet:
Plus support areas and storage square feet
Indoor tennis courts, square feet:
Indoor sports and pool complex, square feet:
Structured/underground parking, square feet:
Museum or Interpretive Center, square feet:
Support Buildings, square feet:
(Maintenance, Warehousing, Housekeeping)
Youth Center, square feet:
Marina expansion, slips:
Amphitheater,
Yacht Club,
Four detached single family residences and one five-unit townhome structure, provided
that these structures ate not included in or limited by the gross square feet of
development for the Resort Plan noted in 3,901(1) above.
All existing townhomes, provided that these structures are not included in or limited by
the gross square feet of development for the Resort Plan noted in 3.901(1).
7.
8.
9.
10,
11.
22,000
8,000
26,000
13,500
119,000
7,500
12,000
12,
13.
14.
15,
16.
4,000
100 slips.
17,
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Page 17 of22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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6.
SEIS, If the Department report is appealed, no permits shall be issued until the
administrative appeal is resolved,
Actual resort development may be undertaken in phases, but only following completion
of review and approval of a full resort buildout plan through the SEIS process. A phasing
schedule may be proposed as part of the environmental review or may be developed at a
later date,
In conjunction with the environmental review process, the Department shall calculate the
total MERUs needed to support the Resort Plan. This calculation shall also establish the
Net New MERUs needed for resort development. These Net New MERUs shall be
transferred from those initially allocated pursuant to section. 3.805 to new residential
development on the resort property, and shall be removed from the count of available
MERUs for as long as the resort use or its development rights exist.
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Section 3.903 Requirement to vacate or withdraw. existin2 or vested residential
development ri2hts, Concurrent with issuance of any permit for new resort development, any
existing, pending, or vested development rights for projects or parts or phases ofprojects 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 in this
ordinance is intended to affect the process or the specific outcome of any application for such a
plat alteration,
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Section 3.904 Environmental Review for Resort Plan Development:
1. Detailed environmental review for future resort development shall be required pursuant
to RCW 43.21C.031 and the State Environmental Policy Act (SEPA) Rules of WAC 197-
11. A project level Supplement to the Port Ludlow Development Program EIS (fmaled
April 1993) shall be prepared, or a new stand~alone EIS may be prepared. Prior to
defming the scope of the document, a public scoping hearing shall be held.
2. The scope of the SEIS or EIS shall include, but not be limited to, the following elements:
A. Earth, including grading, erosion control, and dredging;
B. Water, including runoff and water quality issues, including those associated with
marina expansion, and public water supply;
C. Plants and Animals, including impacts on fish and wildlife migration and
threatened or endangered species;
D. Land and Shoreline Use, including relationship to existing land use plans and
estimated population, housing, light and glare, aesthetics, noise with respect to
potential amphitheater uses, recreation, and historic and cultural preservation;
E. Transportation, including trip generation, traffic congestion, traffic systems,
vehicle and pedestrian hazards, parking and spill:.over parking; and
F. Public services and utilities, including water, storm water, sewer, and fire (as
may be related to building heights in excess of 35').
3. The Land Use element of the document (see 2D above) shall provide information about
expected occupancy rates, size of conferences (expected attendance), any possibilities for
expanded conference center use of resort facilities such as the indoor tennis courts, as
well as possible conference center use of other community facilities or privately owned
properties,
4. The Utility element (see 2F above) shall review information on all affected utility
systems, including sewer and water systems monitoring. The effectiveness of such
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Page 18 of22
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monitoring shall be evaluated. Supplements or changes to the monitoring and reporting
systems shall be considered if necessary to ensure that water quality and water supply
are adequately protected .and impacts to natural resources minimized.
This preliminary scope is based on the described Resort Plan. Use of the term
"including" shall mean "including but not limited to," Other elements, issues, and
specific levels of detail may be included based on information available at the time the
Resort Plan development application is submitted. Elements noted above may be
combined in the EIS analysis to reduce duplication and narrow the focus on potentially
significant adverse impacts.
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ORDINANCE NO, 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
Section 3.906 Maior Revisions: Revisions to the Resort Plan that will result in a substantial
change to the resort including: changes in use, increase in the intensity of use,. or in the size, scale,
or density of development; or changes which may have a substantial impact on the environment
beyond those reviewed in previous environmental documents, are considered to be major
revisions and will require application for a revised Resort Plan.
1. Application for a Major Revision to the Resort Plan. An application shall be prepared
describing the proposed revision in relation to the approved Resort Plan and providing a
framework for review, analysis and mitigation of the revised development activity
proposed. The Resort Plan revision proposal shall include the following information:
A. A description of how the revised Resort Plan would further the goals and
policies set forth in the Comprehensive Plan.
E. A description of how the Resort Plan revision complements the existing resort
facilities of the MPR.
C. A description of the design and functional features of the Resort Plan revision,
setting out how the revision provides for unified development, integrated site
design and protection of natural amenities.
D. A listing of proposed additional uses and/or proposed changes to density and
intensity of uses within the resort, and a discussion of how these changes meet
the needs of residents of the MPR and patrons of the resort,
E. A description and analysis of the environmental impacts associated with the
proposed revision, including an analysis of the cumulative impacts of both the
proposed revision and the approved Resort Plan, and their effects on surrounding
properties and/or public facilities,
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3.905
1.
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Revisions to Resort Plan:
Any proposed changes to the MPR boundary. or zone changes within the MPR shall
require a Comprehensive Plan amendment and related zoning action,. Such changes are
outside the scope of the Revision processes described below and in sections 3.906 and
3.907. The County may approve an amendment to the Comprehensive Plan. only if all
requirements ofthe Growth Management Act (RCW 36,70A) are fulfilled
The County shall accept building permits only for projects included in and consistent
with the Resort Plan, A revision to the existing Resort Plan shall be' submitted to the
County for approval prior to the acceptance of any proposal that is inconsistent with the
Resort Plans set forth in this ordinance, Upon approval of a revision, all subsequent
development proposals .shall be consistent with the revised Resort Plan and development
regulations.
Proposed revisions to the Resort Plan shall be submitted to the Department of
Community Development and the DCD Director will determine whether the proposal
constitutes a major or minor revision. Upon making a . determination, the proposed
revision shall follow the appropriate process for plan revisions as outlined in Sections
3.906 or 3.907.
Page 19 of22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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F. A description of how the proposed Resort Plan revision is integrated with the
overall MPR and any features, such as connections to trail systems, natural
systems or greenbelts, that have been established to retain and enhance the
character of the resort and the overall MPR.
G. A description of the intended phasing of development projects.
H. Maps, drawings, illustrations, or other materials necessary to assist in
understanding and visualizing the design and use of the completed proposed
development, its facilities and services, and the protection of critical areas.
1. A calculation of estimated new demands on capital facilities and services and
their relationship to the existing resort and MPR demandS, including but not
limited to: transportation, water, sewer and storm water facilities; and a
demonstration that sufficient facilities and services to support the development
are available or will be available at the time development permits are applied for.
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2.
Major Revision Process
Major Revisions shall be processed as a hearing examiner decision (Type B III), with a
required public hearing prior to the decision. Public notice of the application, the written
decision, and appeal opportunities shall be provided to all persons on the Port Ludlow
MPR Roster (see section 1.60) and such other persons or agencies as required by the
County Proeeduros Ordinanco Unified Development Code. Any proposed major revision
involving a change. to the boundaries of the RC/CF zone shall require a Comprehensive
Plan amendment (a Type G V county commissioners decision) prior to any decision on
the Resort Plan amendment.
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3.
Decision Criteria: The hearing examiner may approve a major revision to the ResortPlan
only if all the following criteria are met:
A. The proposed revision would further the goals and policies set forth in the
Comprehensive Plan.
B. No unmitigated significant adverse environmental impacts would be created by
the proposed revision.
C. The revision is consistent with all applicable development regulations, including
those established for critical areas.
D. On-site and off-site infrastructure (including but not limited to water, sewer,
storm water and transportation facilities) impacts have been fully considered and
mitigated.
E. The proposed revision complements the existing resort facilities, meets the needs
of residents and patrons, and provides for unified development, integrated site
design, and protection of natural amenities.
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Section 3.907 Minor Revisions
1. Minor Revisions. The County recognizes that the Resort Plan may require minor changes
to facilities and services in response to changing conditions. or market demand and that
some degree of flexibility for the resort is needed. Minor revisions are those that do not
result in a substantial change to the intent or purpose of the Resort Plan in effect and
which:
A.
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Involve no more than a five percent (5%) increase in the overall gross square
footage of the Resort Plan.
Will not have a significantly greater impact on the environment and/or facilities
than that addressed in the development plan.
Do not alter the boundaries of the approved plan.
Do not propose new uses or uses that modify the recreational nature and intent of
B.
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C.
D.
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Page 20 of 22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 10-1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
the Resort.
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2.
Minor Revision Process:
Applications for minor revisions shall be submitted to, and reviewed by the Jefferson
County Department of Community Development to determine if the' revisions are
consistent with the existing Resort Plan and Resort Plan SEIS, the Jefferson County
Comprehensive Plan and other pertinent documents. Those proposals that satisfy the
above-referenced criteria' shall be deemed a minor plan revision and may be
administratively approved (as a Type A II decision under the county's Proeedlires
Ordinance Unified Development Code) by the Director of the Department of Community
Development. Public notice of the application, the written decision, and appeal
opportunities shall be provided to all persons on the Port Ludlow MPR Roster (see
section 1.60) and such other persons or agencies as required by the County Proeedl:lfes
Ordinance Unified Development Code. Those revisions that do not comply with the
provisions contained within this Section shall be deemed a major revision, subject to the
provisions outlined in Section 3.906 above.
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SECTION 4
SEVERABILITY
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Severabilitv: If any section, subsection, or other portion of this Ordinance is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection,
or portion thereof shall be deemed a separate portion of this ordinance and such holding shall not
affect the validity of the remaining portions of this Ordinance.
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SECTION 5
REPEALER
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Repealer: Effective immediately upon its adoption, this Ordinance repeals and replaces
Ordinance No. 10-1214-98.
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SECTION 6
EFFECTIVE PERIOD
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Effective Period:
This ordinance shall become effective on the 4th day of October, 1999.
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Page 21 of22
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ORDINANCE NO. 08-1004-99 repealing the interim development controls of Ordinance 1Oc1214-98 and adopting new development
regulations for the Port Ludlow Planned Resort.
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SECTION 7
ADOPTION
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Adopted by the Jefferson County Board of Commissioners this 4th day of October, 1999.
SEAL:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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ATTEST
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APPROVED AS TO FORM: ONLY
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Prosecuting Attorney
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Department of Community Development
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. ".. BUILDING NO, OF TABLE YEAR 2003 PARCEL NUMBER 968600072
v... 1/01/2003 LUDLOW BAY VILLAGE
APPRAISER ,JW APPR.DATE
TYPE CONTACT LOT TH"-16A
STYLE RENTER
QUALITY BUILT
I CONDITION REMODEL
MARKET MODIFIER EFFECTIVE AGE
INTEREST IMPS, % OBSOLESCENCE % TAX DISTRICT 231 LAND USE CODE 9100
I INTEREST LAND % PHYSICAL DEP. % NEIGHBORHOOD 3338 CHANGEDATE 7/11/2003.
MOBILE HOME CHANGE REASON REVALUA T 101'4
MAKE YEAR
I MODEL SIZE X SITUS ADDRESS
SERIAL NO.
SKIRTING L.F, TYPE
I CHARACTERISTICS PLUMBING GARAGE OUTSIDE IMPS
EXTERIOR SINK OTHER AREA WOOD PRCH.
ROOF CVR. W.H. TYPE CONC, PRCH
I FOUNDATION LAV, TOTAL QUALITY ENCLOSED
FLR. CONST. TOILET EXTERIOR DECK .
.
FLOOR COVER SHOWER VERIFIED ROOF CVR. PATIO
I % TUB/SHR. FIN.INT, BALCONY
% ROOF
VERIFIED BUILT-IN APPLIANCES ASPHALT DR.
I HEAT RANGE/OVEN REFRIGERATOR CONC. DR.
FIREPLACE grade HOOD/FAN INTERCOM .
It! DISHWASHER VACUUM ADDITIONAL IMPROVEMENTS
I ~2 GARB.DISP, EL. GAR. DR. .
INT, WALLS TRASH COMPo HOT TUB #1 AREA #2 AREA
MICROWAVE SAUNA BUILT YR. BUILT YR.
I BUILDING SIZE TYPE TYPE
1 ST FLOOR CLASS CLASS
2ND FLOOR VERIFIED EXTERIOR EXTERIOR
I 3RD FLOOR ROOF CVR. ROaR CVR.
ATTIC FLOOR FLOOR
LOFT BASEMENT CARPORT FIN. INT. FIN.INT.
I MOBILE AREA AREA EFF. AGE EFF. AGE
BEDROOMS QUALITY QUALITY DEP% DEP%
FULL BATHS FINISH % ROOF CVR. COMPo % COMPo %
I HALF BATHS INC. GAR. FLOOR OTHER IMPROVEMENTS $
REPLACEMENT VALUE $ NEW CONSTRUCTION ($ )
I % GOOD % UNWRK. BUILDINGS $
% COMPLETION % PLUS/MINUS $
ADJUSTED VALUE $ ADJUSTED IMPS $
I ADDITIONAL IMPS. $ TOTAL LAND $ 2:0190
TOTAL BUILDING $ TOTAL VALUE $ 2,190
REMARKS GAR SITE ONL Y(-95/::) CAH'T BE;.. SOLD ( -25") DOUBT BLDABLE (-25/~)
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
1'0 Box 47775 - Olympia, WaslJington 98504-7775- (360) 407-6.100
" ~/'
October 25, 2004
Mr. Al Scalf, Director
Department of Community Development
Jefferson County
621 Sheridan Street
Port Townsend, WA 98368
Subject: Port Ludlow Lagoon
Dear Mr. Scalf:
Thank you for your patience as we have all worked towards clmification on the issue of the
Shoreline jurisdictional status of the lagoon located in Port Ludlow Village (Port Ludlow
Lagoon). I appreciate the time you have taken to work with us. Our meeting, and the
meetings with others in your community, has helped us put this issue into perspective. It is
our opinion that the Port Ludlow Lagoon is covered by the provisions of the Shoreline
Management Act (SMA, Chapter 90.58 RCW) and the Jefferson County Shoreline
Management Master Program (SMMP), including the prohibition on over-water residential
construction (SMMP, 5.160).
The basic premise of our opinion is that the Port Ludlow Lagoon is within 200 feet of the
ordinary high water mark (OHWM) of Ludlow Bay, a Shoreline of the State. The strength
of our conviction, however, is based on a.broader set of facts.
Background
"Shorelines" are defined as - "all of the water areas ofthe state, including reservoirs, and
their associated shorelands, together with the lands underlying them; except (i) shorelines
of statewide significance; (ii) shorelines on segments of streams upstream of a point where
the mean annual flow is twenty cubic feet per second or less and the wetlands associated
with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size
and wetlands associated with such small lakes." (RCW 90.58.030(d))
"Shorelands" or "shoreland areas" are defined as - "those lands extending landward for
two hundred feet in all directions as measured on a horizontal plane from the ordinary high
water mark; floodways and contiguous floodplain areas landward two hundred feet from
;.
Mr. Al Scalf
October 25, 2004
Page 2
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such floodways; and all wetlands and river deltas associated with the streams, lakes, and
tidal waters which are subject to the provisions of this chapter; the same to be designated
as to location by the department of ecology." (RCW 90.58.030(f))
lj'
The Port Ludlow Lagoon is a "water of the state" under Chapter 90.48 RCW (Water
Pollution Control Act). "Waters of the State" are defined as - "lakes, rivers, ponds,
streams, inland waters, underground waters, salt waters and all other surface waters and
watercour,ses within the jurisdiction ofthe state of Washington." (RCW 90.48.020)
The policy of the SMA states, in part - "It is the policy of the state to provide for the
management of the shorelines of the state by planning for and fostering all reasonable and
appropriate uses. This policy is designed to insure the development ofthese shorelines in a
manner which, while allowing for limited reduction of rights of the public in the navigable
waters, will promote and enhance the public interest. This policy contemplates protecting
against adverse effects to the public health, the land and its vegetation and wildlife, and the
waters of the state and their aquatic life, while protecting generally public rights of
navigation and corollary rights incidental thereto." CRCW 90.58.020, emphasis added)
RCW 90.58.020 states further - "Alterations of the natural condition of the shorelines and
shorelands of the state shall be recognized by the department. Shorelines and shorelands
of the state shall be appropriately classified and these classifications shall be revised when
circumstances warrant regardless of whether the change in circumstances occurs through
man-made causes or natural causes. Any areas resulting from alterations of the natural
condition of the shorelines and shorelands of the state no longer meeting the definition of
"shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW."
WAC 173-22-052 Alterations of shorelines affecting designations, states - "Alterations
of the existing conditions of shorelines and wetlands of the state which affect the boundary
or volume of those water bodies, whether through authorized development or natural
causes, shal1~warrant a review of the designation of those shorelin~s and their associated
wetlands." This letter is a response from that review ofthiswaterbody.
RCW 90.58.900 states - "This chapter is exempted from the rule of strict construction, and
it shall be liberally construed to give full effect to the objectives and purposes for which it
was enacted." In simple tem1s, this means that in areas of uncertainty we must give
deference to the protection of the resource.
The Jefferson County SMP states in 5.160, Residential Development, Prohibited Uses and
Activities _ "Residential Structures located on or over marshes, bogs, swamps, lagoons,
tidelands, ecologically sensitive areas or water areas subject to this Master Program."
Discussion
Several issues are relevant in our determination that the Port Ludlow Lagoon is under the
jurisdiction of the SMA; these have also been raised as arguments against such a
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Mr. Al Scalf
October 25, 2004
Page 3
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jurisdictional determination. These issues include the artificial nature ofthe lagoon, the
limited value of the lagoon as habitat, and the continued alteration of the character of the
lagoon.
There is a claim that the lagoon is an artifici~l feature, a landscape amenity, rather than a
natural water body. There is no distinction in the SMA for excluding artificial water
bodies from Shoreline jurisdiction. The definition of "shorelines" specifically includes
reservoirs, clearly indicating that artificially constructed bodies of water are covered under
the SMA. The exclusion of artificially created wetlands (90.58.030(h)) does not apply in
this case. First, the exclusion is limited to artificial wetlands created from nonwetland
areas. Historic maps and photographs of Port Ludlow show the progression of
development of this area that included the diking and filling of the upper tidal portion of
the bay to create the land area that now includes the Port Ludlow Lagoon. The lagoon was
not created from a nonwetland site. Second, the lagoon does not meet the statutory
definition of a "wetland." While there are areas around the fringe of the lagoon that
contain wetland vegetation, have wetland soils, and enough water to be considered
"wetland," the lagoon itself does not meet the three-parameter test for jurisdictional
wetlands (see WAC 173-22-080, Wetland Delineation Manual). The lagoon functions
more like a subtidal marine system because of the water depth and permanent inundation
(Cowardin, 1979, Classification of Wetlands and Deepwater Habitats of the United States).
Finally, the exclusion of a water body as a wetland does not mean the area is not a water of
the state (WAC I 73-21A-020).
We recognize the fact that the lagoon and the natural condition that originally linked the
lagoon area with Port Ludlow Bay have been repeatedly altered over time. However, this
alteration does not eliminate the site from Shoreline jurisdiction. Weare directed to
recognize alterations to the shoreline; e.g., if authorized fill changes the OHWM of a
shoreline or eliminates an associated wetland from jurisdiction, then those changes are
reflected in future SMA decisions. That recognition also means that if SMA jurisdiction is
expanded e.g., through the removal of historic fill along a shoreline, then the OHWM get~
pulled back to recognize the "new" shoreline boundary. Partial fill in an associated .
wetland would not result in the entire wetland being eliminated from SMA jurisdiction,
only in the recognition that the boundary of SMA jurisdiction has changed.
It is our opinion that the Port Ludlow Lagoon falls within the scope of the prohibition in
the Jefferson County SMMP for over-water residential construction (5.160). Specifically,
"Residential Structures located on or over marshes, bogs, swamps, lagoons, tidelands,
ecologically sensitive areas or water areas subject to this Master Program." While this
body of water may not be a marsh, bog, or swamp (i.e., a wetland), it is certainly a lagoon;
which Webster's Dictionary defines as- "A shallow body of water, esp. one separated
from the sea by sandbars or coral reefs," Two culverts maintain a connection between the
lagoon and Port Ludlow Bay; one culvert has a functioning tide gate, the other is an open
pipe with a bottom elevation located approximately 0.10 above mean higher high water
(MHHW). A strong case could probably be made for the lagoon as a tideland because O.l 0
feet above MHHW would still get fairly frequent tidal inundation. Finally, the lagoon is a
ITEM
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Mr. Al Scalf
October 25, 2004
Page 4.
"water area" within SMAjurisdiction and, therefore, subject to the Jefferson County
SMMP.
Conclusions
While not fitting neatly into readily available definitions, the lagoon is certainly a body of
water within SMA jurisdiction. RCW 90.58.900 directs Ecology to interpret the SMA
liberally to ensure full protection of shoreline resources. This requires a more inclusive
interpretation of the prohibition, rather than a more restricted interpretation. The limited,
or degraded, value of the lagoon as fish and wildlife habitat may mean that it should not be
considered as an "ecologically sensitive areas," but it is still a lagoon, and it is still a water
area. . There are no qualitative limitations on those phrases.
The Port Ludlow Lagoon is a water of the state, and itis in SMA jurisdiction. The
department of Ecology does not believe that over-water, -residential construction is an
allowed use under the Jefferson County SMMP.We do believe, however, that there are
solutions to this situation. We would be very willing to evaluate any project alternatives
that may be proposed by the Port Ludlow Association.
I hope this letter brings some clarity to this issue. Again, I appreciate the time and effort
put forth by you and others at Jefferson County to resolve this question. Please feel free to
ask for our assistance at any time as this issue moves forward. I can be reached at 360-
407-0271, Jeffree Stewart, our Shoreline Specialist, at 360~407-6521, or Perry Lund at
360-407 -7260.
Sincerely,
~..7JiL--
Paula Ehlers
Section Manager
Shorelands & Environmental Assistance Program
PE:P1L:dn
copy: Marco de Sa e Silva, Davis Wright Tremaine
Carol Saber, Port Ludlow Village Council
Linda Hoffman, Ecology
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Performance Standards
1.
Recreational facilities. shall make adequate provisions for water supply, sewage disposal, and
garbage collection.
Recreational facilities shall make adequate provisions for vehicular parking.
Recreational facilities shall make adequate provisions for enforcement of laws and
regulations associated with use of the facilities being proposed.
Recreational facilities shall make adequate provisions such as screening, buffer strips, fences,
and signs to prevent park overflow and to protect the value and enjoyment of adjacent or
nearby private or public properties.
Recreational facilities shall establish and enforce regulations that prohibit tree cutting and
limit the taking of marine life, driftwood, and the like.
Signs associated with recreational facilities shall be kept to a minimum in number and size
and shall be erected as informational or directional aids only.
Adequate provision.s shall be made for the control of fIres both within recreational facilities
and between recreational facilities and adjacent private or public lands.
Unless specifIcally designed for that purpose, park' and recreational facilities shall prohibit
the off-road use of all terrain vehicles in order to protect natural features as well as the
enjoyment and value of adjacent private and public properties.
Applicants for substantial development permits for recreational facilities may be required to
provide adequate information to demonstrate the. safety of proposed equipment and
facilities.
Overnight recreational facilities shall comply with all applicable regulations and guidelines,
including Section 5.50 "Commercial."
2.
3.
4.
5.
6.
7.
8.
9.
10.
5.160 RESIDENTIAL DEVELOPMENT
DefInition
The development of land and/or the construction or erection of a dwelling or dwelling units for the
purpose of residential occupancy.
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.
Residential structures located upon geologically hazardous areas or in floodways.
2.
Policies
1.
Residential development should be designed at a level of density of site Coverage and
occupancy compatible with the physical capabilities of the shoreline area, and consistent
with the density provisions of local plans, codes, and ordinances.
Residential development should be designed to adequately protect the water and shoreline
aesthetic characteristics.
Residential developments should be encouraged to provide pedestrian access to public
shorelines abutting the development.
Over-water residential development, including floating home, should not be permitted.
2.
3.
4.
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5.
Residential developers and individual builders should be required to indicate how they plan
to preserve shore vegetation and control erosion during construction.
Sewage disposal facilities, as well as water supply facilities, should be provided in accordance
with appropriate state and local health regulations. Storm drainage facilities should be
separate, not combined with sewage disposal systems.
Adequate water supplies should be available so the ground water quantity and quality will
not be endangered by over-pumping.
Residential development in geologically hazardous areas 01; in areas subject to flooding
should be discouraged.
Residential development. in shoreline areas should be designed to preserve natural drainage
courses, aquifer recharge areas, and similar ecologically sensitive areas. .
Subdivisions should maintain usable waterfront areas for the common use of all property
owners within the development.
Residential structures should be designed and located to not significandy block the views of
adjacent residences or properties.
Sewage disposal drain fields should not be located where subject to flooding.
6.
7.
8.
9.
10.
11.
12.
Performance Standards
1.
Subdivisions of land shall comply with local plans, codes, and ordinances and be designed to
exemplify the definition .and policy of the applicable shoreline designation as well as the
environmental and physical capabilities of the subject site.
Appurtenant structures such as decks, sheds,. and stairways shall be located behind the
ordinary high water mark as far as practical and shall meet applicable setbacks.
Public access to publicly owned shorelines shall be maintained.
Development shall assure that surface water runoff does not pollute adjacent waters or cause
soil or beach erosion, either during or after the construction phase.
Developments containing marshes, swamps, lagoons, portions of a flood plain, or similar
weclands shall use those areas only for the purpose of parks, open space, or recreational
facilities.
Developments shall be designed to include measures to prevent overflow usage of common
areas upon adjacent privately owned shorelands and uplands. '
Amenities provided by development shall not be detrimental to the geohydraulic processes
occurring within the shoreline corridor.
Roads, utilities, and other improvements shall comply with the applicable policies and
performance standards of this Master Program.
Residential structures shall not be located in areas subject to flooding or tidal inundation
unless complete flood proofing measures have been provided, and then only when the
location of such structures will not aggravate flooding possibilities of nearby properties.
The standard setback for residential structures, including COmmon appurtenant structures
such as garages and workshops, shall be thirty (30) feet or one (1) foot for each foot of bank
height, whichever is greater. This setback shall be measured from the bank's edge when the
bank's height exceeds 10 feet. When the bank's height is less than 10 feet, the setback shall
be measured from the ordinary high water mark. The setback shall not exceed 100 feet.*
[* S ee Administrative! nterpretation, Pages 105-106]
Exceptions from this standard include the following:
2.
3.
4.
5.
6.
7.
8.
9.
9.
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a. Where · there are existing dwellings within 300 feet. on either side of the proposed
building site, the setback shall be the average. setback of those dwellings or as
prescribed above, whichever is less (see Figure 4). In those instances where a single
dwelling unit is within 300 feet of one (1) side of the proposed building site, the
setback shall be the difference (average) between the required setback and that of the
existing structure (see Figure 5). In both cases, the existing dwellings are construed
to be those that are currendy occupied. The mere presence of shacks, sheds or
dilapidated buildings does not constitute the existence of a dwelling unit.
b. Where a residential setback was established as part of the approval of a residential
subdivision, the established subdivision setback shall take precedence.
All setbacks shall be measured from the waterward most edge of the structure,
excluding decks, eaves, etcetera. Deviations from this standard shall be reviewed on
an individual basis. A request for a deviation shall be considered an administrative
variance following the procedures established under Subsection 7.20 and will be
subject to the variance review criteria established under Subsection 7.103 of this
Master Program. Urness appealed, a setback deviation rendered by the County or
City shall be considered final.
11.
Alteration of topography for building sites, access roads, and utilities shall be conducted in
compliance with the applicable policies and performance standards of this Master Program.
Sewage disposal systems shall not be located within the flood plain of marine and fresh
water bodies urness in compliance with the Jefferson County Flood Plain Management
Ordinance.
Residential structures shall not exceed thirty-five feet in height.
12.
13.
5.170 SCIENTIFIC AND EDUCATIONAL FACILITIES
Definition
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· The "No Action" alternative. or stopping: all new development. Under this alternative, the
site would remain in its partially developed state. subiect to potential future development
proposals.) The No Action alternative was also evaluated in the 1993 Port Ludlow
Develooment ProRram EIS, and 1993 The 11m at Port Ludlow EIS (adoPted as part of this
SEIS).
The 1999 Resort Plan is considered the "No ,^.ction"alternative for this analysis; iino change to
the Resort Plan is made at this time, development may continue under the 1999 Plan, per existing
County regulations and the existing practical constraints relatedto the plat of Ludlo'.", Bay
Village. Other "No !.ction" alternatiyes were evaluated in the 1993 Port Ludlow Dc','clepm::7'lt
Program EIS,and 1993 The hm Ell Port Ludle',',' E!S (adopted as part of this SElS) in which the
"No i\ction" alternatives '.",ere no further development e.g., the site remaining in its partially
developed state, subject to potential future development proposals. The passage of time since
1993 has not changed the analyses of those "No I.ction" alternatives andthose analyses are not
repeated here.
.\ll three All-alternatives except No Action would result in build-out of the Resort area, including
a 100 slip expansion of the marina.
Alternative 1: Applicant's Proposed Preferred Project - 2003 Proposed Resort Plan
The 2003 Resort Plan proposes that the Resort serve as a destination resort for the traveling
public, as opposed to large conference groups. This change will decrease the size of many resort
facilities identified in the 1999 regulations and will increase the number of residential dwellings.
Conferences will still be accommodated, but on a smaller scale and will be housed in existing
facilities such as the Inn at Port Ludlow, the Bay Club, and the relocated Harbormaster
Restaurant. Phasing of the new development is addressed in Chapter 3.4 of this FSEIS. · At
build-out, development within the resort area will include the following existing and new
facilities:
1919 residential unit the 90&9 'ts within Admiralty I and II and Ludlow Bay
Village in 2005 + 101 new residential units ,
Inn at Port Ludlow ( rooms, mc u mg restaurant and lounge (existing)
Reconfi guration of the access to the Inn at Port Ludlow to restrict access to/from Heron
Road
Harbonnaster Restaurant - 5,000 square feet (relocated)
Private Recreational Facility - 7,500 square feet (new)
Private LMC Beach Club Recreational Facility (existing)
Marina - 380 slips (280 existing slips + 100-slip expansion)
Central Receiving Dock (new)
Permanent Emergency Helipad (new)
PLA Offices (within existing conference building)
Maintenance building - 2,900 square feet (new
Off-street parking (expanded and reconfigure with new elevator)
Lagoon Landscaping (new)
Shoreline BoardwalklEsplanade (new) "7
Open space, trails (existing and new) ..J
A conceptual site plan for Alternative 1 is shown in Figures 3A....-afl4.3B, and 3C.
Port Ludlow MPR Resort Plan
Final SEtS
LOG ITEM
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WAC). For Class AA marine waters, including Port Ludlow Bay, the fecal colifonn standard is
a geometric mean of 14 organisms per 100 milliliters (mL) of water. This standard applies to
waters where edible shellfish are present. The D.S.EPA has established water quality criteria for
fecal colifonn and enterococcus bacteria based on health risk to swimmers at both freshwater and
saltwater beaches. These criteria are geometric means of 200 and 35 organisms/IOO mL,
respecti vel y.
Current Port Ludlow Marina regulations require that all live-aboard tenant vessels must be
equipped with a Coast Guard-approved holding tank and that live-aboard tenants submit to.
inspection of their vessels plumbing and mechanical systems to verify compliance with state and
local public health and safety laws. The Marina now provides one sewage pump-out station at
the fuel dock and will soon be putting into service a portable pump-out facility. Shoreside
restroom facilities are also available for Marina patrons. As stated above, water quality
monitoring data for Port Ludlow Bay indicates no long-tenn upward or downward trends in
constituent concentrations for any of the monitoring stations.
Bilge Water
The Port Ludlow Marina Expansion SEIS (2002) addressed the discharge of bilge water as a
potential source of pollution in Marinas, as bilge water may contain a variety of chemical
constituents, but predominantly petroleum hydrocarbons. Port Ludlow Marina's Best
Management Practices (BMPs) expressly forbid the discharge of bilge water within the Marina.
3.2.1.2 Environmentallmpacts
Short-Term Construction Impacts
Upland Development. The potential for runoff from erosion and sedimentation during
construction activities is addressed in Section 3.1.2 - Earth.
Marina Expansion. The Port Ludlow Marina Expansion SEIS (2002) addressed water quality
impacts. The SEIS determined that during construction, potential discharges to surface water
include leakage of petroleum products from construction equipment. These substances can enter
marine water directly or in stormwater runoff.
Few, if any, juvenile salmonids are expected in the action area during construction activities;
also, few adult chinooksalmon or bull trout are expected in the project area during construction.
Short-term and localized decreases in dissolved oxygen or increases in turbidity due to project
construction may result in avoidance of immediate work areas. Should this avoidance occur, it
would have only insignificant and unmeasurable effects on salmonids.
Temporary and localized impacts to water quality may also occur due to pile driving. However,
given the depth of the water where the pilings will be installed, it is highly unlikely that any
increased turbidity due to pile driving will affect areas frequented by juvenile salmonids.
Long-Term Impacts
Alternative 1: Applicant's Proposed Preferred Project - 2003 Proposed Resort Plan
Build-out of the Resort will increase stormwater runoff in Basins A and, B (Admiralty ill area),
and Basin EX-3 {Ludlow Bay Village).
Port Ludlow MPR Resort Plan
Final SEIS
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New development in Basins A and B will require construction of a storm drainage system
(including detention and water quality treatment) consistent with the requirements of Jefferson
County/Port Ludlow Development Agreement and Jefferson County Ordinance No. 10-1104-96.
After detention and water quality treatment,.runoff from Basins A and B will pass through the,
existin conveyance s stem to the artificial lagoon. A preliminary evaluation of the capacity of
the existing conveyance system to accommo ate t e additional runoff has been undertaken, but it I
was found that a design level of detail will be required before a final determination re?:arding I
capacity can be made. If it is determined that existing capacity is not sufficient, then the existingj
storm drainage line will be replaced with a larger line. . . I
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The location and design of the storm drainage detention facility for Basins A and B will also be
determined durin?: the design phase of development; it is assumed, however, that a detention.
pond or detention barrel will be located iust north of the new helipad.
The new construction is not anticipated to exacerbate any existing problems with groundwater
. seepage. In addition torequirements contained in the Jefferson County regulations, the new
storm drainage system may intercept site run-off from currently undeveloped areas, and direct
that run-off to detention facilities and/or the Bay.
New development within Basin EX-3 will be located within the Ludlow Bay Village area, where.
an existing storm drainage system is already in place. New impervious surfaces in this area will
consist only of rooftops. The existing drainage system was ori ginally designed has the capacity
to accommodate the volume of increased runoff from bnild-out of the area. Water quality
treatment is not required for rooftop drainage. -
In order to supplement water quality treatment within the Ludlow Bay Village area, Alternative 1
will include adding a water quality vault at each of the two inlets to the. artificial lagoon.
The Port Ludlow Marina Expansion SEIS (2002) concluded that no long-term direct or indirect
effects to ,water quality are anticipated asa result of the Marina expansion. Although the Marina
expansion will result in increased boat activity, this activity is not expected to significantly
degrade water quality or impact any populations of shellfish that may be present in the vicinity of
the project area.
Alternative 1 does not include any filling or dredging within any body of water, but does include
construction of 19 residential units extending over the edge of the lagoon.
Alternative 2: 1993 Resort Plan
The impacts of Alternative 2 on surface water would be similar to Alternative 1. The 1993 Plan
proposed two residential units extending over the edge of the artificial las!Oon: in the 1993 Plan,
the lagoon was 1.4 acres in size (vs. 2.2 acres today).
Alternative 3: No fAction 1999 Resort Plan
The impacts of Alternative 3 on surface water would be similar to Alternatives 1 and 2, except
that the western half of the existing artificial lagoon would be filled. In addition, the more
Port Ludlow MPR Resort Plan
Final SEIS
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water exchanged daily between Port Ludlow and Admiralty Inlet averages 39 percent per day
and varies from 20 to 50 percent of the total volume of the Bay, dependent on the time of year
and prevailing tidal range. The time to exchange the water volume of the Bay, including the
innermost reaches, was estimated to be between 2 to 5 days. Localized portions of the Bay may
have longer or shorter flushing rates. The flushing time for the outer bay has been estimated to
be 9 hours on average (Jefferson County 1993).
Drainage
The Port Ludlow Resort complex is divided into five drainage subbasins, as shown in
Figure &10. Storm drainage systems have been constructed in Basins EX-I, EX-2 and EX-3 to
accommodate the Resort development to date. No development has occurred in Basins A or B.
Jefferson County Ordinance No. 08-1004-99 states "that all future development within the Port
Ludlow MPR shall be subiect to the standards of Jefferson County Stormwater Management
Ordinance No. 10-1104-96 (1991 Puget Sound Water Quality Management Plan. Revised 1994).
The Port Ludlow Drainage District (PLDD). formed in 2000. reviews storm drainage plans for
new development within the MPR for consistency with adOPted regulations. in coniunction with
the Jefferson County review. The PLDD 2003 Comvrehensive 'Stormwater ManaRement Plan
includes Jefferson County ordinances and programs necessary to fulfill the requirements of a
comprehensive stormwater program. and identifies specific structural and non-structural
solutions to known flooding and water quality problems within the District. No structural
improvement proiects or Capital Improvement Proiects are identified within the Resort area.
Runoff within Basin EX-I.. the area surrounding the conference center. is collected and conveyed
to a ravine that outlets to the Bay in the vicinity of the treatment plant.
Runoff within Basin EX-2. the area known as Admiralty I and II and the LMC ownership. is also
collected and conveyed (via catch basins and pipes) to outlets to the Bay.
Basins A and B are located in the Admiralty III area: no storm drainage systems have been
constructed within these basins. Property owners have noted that groundwater is close to the
sutface within this area. and drainage problems have been observed.
RunOff within Basin EX-3, the area known as Ludlow Bay Village, -is collected and conveyed to
inlets on the east and west ends of the artificial lagoon. From the lagoon, water is discharged
directly into Port Ludlow Bay. Because of the proximity of the basin to the Bay. no detention of
run-off is required. Rooftop drainage within EX-3 is connected (via downspouts) to this
drainage system. The drainage system for the entire EX-3 basin was constructed in 1994 as part
of the plat of Ludlow Bay Village.
All storm drainage facilities within the Resort area are currently owned and operated by Port
LudlowAssociates. At completion of development. these facilities will be turned over to the
Port Ludlow Drainage District for maintenance. Because the artificial lagoon is not a designated
draina e facilit the artificialla oon is maintained b th LBV Home Owners Association.
., ...JG JTEM
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Port Ludlow MPR Resort Plan
Final SEIS
3-12
May 2005
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