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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com]
Sent: Friday, June 09, 2006 1 :33 PM
To: Barbara Nightingale
Cc: Powers & Therrien
Subject: Re: Amendment to Development Agreement
Barbara:
Thanks. That is how I read the procedure.
Les
----- Original Message -----
From: Barbara Nightingale
To: Powers & Therrien; AI Scalf
Sent: Friday, June 09, 20061:13 PM
Subject: RE: Amendment to Development Agreement
Les,
PLA is vested under the Jefferson County LUPO Ordinance #04-0828-98 Adopted August 281, 1998. Under
Section 7 of that ordinance, they can submit a Consolidated Application, which is what they want to do. This
would consolidate the proposed Development Agreement and a second Shoreline Substantial Development
Permit (SSDP). Under Section 7, "a land use application that involves two or more permits, may, at the option of
the applicant, be consolidated into a single process using the highest procedure required for any permit
included in the application. For example an application involving Type A, Band C permits shall be processed
under Type C Procedure". This is what they are doing. The SSDP would be a B permit and the Development
Agreement Amendment would be a C permit, legislative action on the part of the BoCC. The highest procedure
isC.
Now to answer your question:
Under Section 16, if the BoCC refers the matter to a HE, it will be an open record hearing, which allows
testimony so it makes sense that such testimony would be included in the HE recommendations. However, the
HE is only making recommendations, not a decision. If the BoCC does not feel they have enough information,
they can remand it to the HE with specific instructions for further proceedings. Under LUPO Section 19 (page
18 of 19 of the LUPA PLA is vested in) the Commissioners Decision can be appealed in Superior Court or the
Shoreline Hearings Board. The HE in this case will not be making a decision only a recommendation, the BoCC
is the body making the decision.
Hope that helps,
Barbara Nightingale M.M.A.
Associate Planner
Port Ludlow Master Planned Resort
Jefferson County
Dept. of Community Development
360-379-4472
bnightingale@co.jefferson.wa.us
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From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Friday, June 09,2006 10:40 AM
To: AI Scalf
Cc: Powers & Therrien; Barbara Nightingale
7/712006
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Subject: Re: Amendment to Development Agreement
AI:
I want to be sure I understand the procedure. As I read LUPO, Sec. 19, a Type C deicision is first submitted to
a hearing examiner for a recommendation and then the result is submitted to the BoCC for final decision. Is
there a formal hearing before the hearing examiner? Is the hearing examiner's recommendation circulated for
comment to interested parties before it is submitted to the BoCC? Is the only appeal from the BoCC an appeal
under LUPA or to the SHB? What happens to PLA's pending motion for reconsideration before the SHB and its
pending LUPA petition? Should these be dismissed since their results may conflict the results of the new
consolidated permit application? Is SEPA implicated in the proposal because it changes the original proposal
subject to separate SEPA compliance?
I am simply not conversant with the procedure. Let me know if you would. Also, please place me on the mailing
list for notice provided by LUPO Sec. 13C1 a and provide me a copy of any subsequent filings of any SSDP or
application for an SSDP with the DOE.
Finally, could you send me a fax or email copy of the complete SSDP application that is associated with the
proposed amendment to the development agreement?
Thanks for your help. .
Les
----- Original Message -----
From: AI Scalf
To: LewisHale@aol.com ; powers therrien@yvn.com; Barbara Nightingale
Cc: Roseann Carroll ; evz@cablespeed.com
Sent: Friday, June 09,200610:11 AM
Subject: RE: Amendment to Development Agreement
Lewis
This has been a moving target. We have received a shoreline permit application. So that is a type A, and will
be consolidated with the type C, so everything is a type C. We should have a process chart for all of this by
the end of next week.
AI
-----Original Message-----
From: LewisHale@aol.com [mailto:LewisHale@aol.com]
Sent: Thursday, June 08, 2006 3:48 PM
To: AI Scalf; powers therrien@yvn.com; Barbara Nightingale
Cc: Roseann Carroll; evz@cablespeed.com
Subject: Re: Amendment to Development Agreement
AI, thanks for the update. It would be helpful if you could set out how the process will proceed,
Le. (1) after the comment period approx when the public hearing would be held and (2)
presuming that either the community or Trendwest/PLA will appeal whatever decision the BoCC
makes what that process would be.
Thanks,
Lewis
71712006