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HomeMy WebLinkAboutLog036 e e JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street. Port Townsend. Washington 98368 360/379-4450.360/379-4451 Fax www.co.jefferson.wa.us/commdevelopment Memorandum: Consolidated Application for 2006 Development Agreement Amendment & Shoreline Substantial Development Permit To: Through: Fr: Date: Re: Jefferson County Soard of Commissioners (SoCC), John Fishbach, County Administrator Sarbara Nightingale, Associate Planner, Port Ludlow Master Planned Resort, Department of Community Development (DCD) June 14, 2006 Notice of Application, 30-day Comment Period, and Public Hearing Attachments: MLA06-00221 Master Permit Application for Shoreline Substantial Development Permit Amendment No.1 Port Ludlow Development Agreement (revised) Land Use Procedures Ordinance (LUPO) Sec. 6, 7, and 16 Notice of Application (Option 1) Notice of Application (Option 2) Backaround This Consolidated Application includes: 1) a suggested amendment to the Port Ludlow Master Planned Code (MPR Code) Ordinance 08-1004-99, adopted in 2000 as Resolution 42-00, known as the Port Ludlow Development Agreement (PLDA), and 2) a Shoreline Substantial Development Application for a 120-unit residential development in six buildings, one reception/recreation building, pools, roads, and trails. Development Agreement Amendment Pursuant to RCW 36.70S and Section 4.6 of the MPR Code, the SoCC must approve all amendments to the PLDA by ordinance or resolution and only after notice to the public and a public hearing. Under the Land-Use Procedures Ordinance, adopted as Ordinance 04-0828-98, vested under the Development Agreement this is a Type C legislative decision. This suggested Port Ludlow Development Agreement amendment defines terms and changes the Development Agreement to specify Timeshare Use for Tract E, a 14.66 acre portion of the Port Ludlow MPR, on the Plat of Ludlow Cove and change the Tract E Development Standards accordingly. Shoreline Substantial Development Agreement Section 6 of PLDA vested Land Use Procedures Ordinance # 04-0828-98 and the Jefferson County Shoreline Management Master Program for Jefferson County defines a shoreline permit for residential use along Tract E in Ludlow Say to be a primary use and an administrative Type A decision. Consolidated Application Section 7 of the PLDA vested Land Use Procedures Ordinance # 04-0828-98 provides, at the option of the applicant, for a.consolidated application and requires that the highest procedure is required for any permit included in the consolidated application. This requires that the decision be a Type C Decision by the County Soard of Commissioners. Under Section 16 of the attached LUPO that applies to the PLDA, there are two Decision Procedures the SoCC select from to make this legislative decision. One procedure is for the SoCC to refer the application to the Hearing Examiner for an open record hearing and recommendations to be transmitted to the SoCC, from which they can make their legislative decision. The other procedure is for the SoCC to hold only their own hearing, without referral to a Hearing Examiner for recommendations. LOG ITEM # 1~ Page l oeD Rae for Rnal Docket 6-14-06 PLA consolidated app ofL. Page 1 e -- Attached you will find 2 versions of a Notice of Application for a Consolidated Application submitted by Port Ludlow Associates (PLA). The Option 1 Notice of Application is a 30-day notice that mentions only the BoCC Hearing and decision, if the BoCC should decide to hold only a BoCC hearing prior to the decision. Option 2 Notice of Application is the 30-day notice that includes mention of an open record hearing before a Hearing Examiner for recommendations to the BoCC prior to the BoCC making a decision on the application. Staff submits these two versions for the BoCC to select which Notice of Application or decision procedure they choose to follow. . . There is a webpage dedicated to the Port Ludlow MPR that can be accessed from the County homepage: www.co.iefferson.wa.us. Discussion of DCD Staff Sufficiency DCD now has a planning staff dedicated to Port Ludlow Master Planned Resort issues and development. Anticipated DCD Cost and Budaet In this case, the proponents will be paying fees to cover costs of county staffing resources; nonetheless, the scale, complexity, and controversy of the proposal will be a challenge to DCD this year. Department of Community Development Final Docket Recommendation The following is a summary description of the suggested amendment and staff comments in relation to project demands on available resources: MLA06-00221 proposed by Port Ludlow Associates changes the language and development standards of the Port Ludlow MPR to allow timeshare use in Tract E. Comment: Staff has reviewed this suggested amendment and sees this as a combined legislative/project permit decision falling under LUPO Section 16 as a Type C Decision that requires legislative action by the BoCC and SEPA review. Proiect Historv: As part of the larger Ludlow Cove project, a Conditional Use for the multi-family project was approved on August 2, 2002. At that time, a three-year time limit was set for the submittal of plans and commencement of environmental review for the next phase of Ludlow Cove. Within that timeline, plans were submitted and the SEPA review and public hearing process began. An application for the 120-unit time-share multi-family residential development situated on 14.66 acres within the PL MPR was received in 2005. A Notice of Application was issued in June 2005. Public Notice was posted on July 20, 2005. A MONS was recommended and approved by the SEPA-responsible official on July 27,2005. A public hearing was held on August 16, 2005. A Shoreline Substantial Development Permit was approved by the Jefferson County Hearing Examiner on September 2,2005. On September 30,2005, the County received a letter confirming receipt of permit approval from Jeffree Stewart of WDOE. The Findings, Conclusions, and Decision from the public hearing upheld PLA's vested interest in a multi-family residential development and approved the Shoreline Substantial Development Permit and Binding Site Plan/Condominium Subdivision by PLA with conditions. An appeal was filed and the Appellate Hearings Examiner issued an Order to Vacate and Remand the previous decision. The original Hearing Examiner then issued an Order Response to Remand on February 6,2006. The appellate Examiner decision has now been appealed to Superior Court. A May 17, 2006 Shoreline Hearings Board (SHB) Decision has remanded the decision back to Jefferson County for further action. Staff considers this application to be a Type C County Commissioner Decision, under the Land Use Procedures Ordinance #04-0828-98, Section 16. Staff recommends that the BoCC accept this proposal for review, hold a public hearing, and seek legal council prior to taking action. Staff also recommends.that the public notice serve as notice of using the existing environmental documents pursuant to SEPA rules (Chapter 197 -11-600 WAC) with respect to this code amendment proposal. Under WAC 197-11-600, if the new proposal is unchanged from the original project proposal reviewed under SEPA, the existing SEPA documents can be used to satisfy the county's responsibilities under SEPA. This is the case. The proposed amendment does not differ from the original 120-unit time-share condominium conditional use proposal previously reviewed under SEPA. The County intends to adopt the existing environmental documents. DCD Rae for RnaJ Docket 6-14-06 PLA consolidated app Page 2 e e ~ That BoCC decision is subject to an appeal either to the Shoreline Hearings Board or Superior Court as a Land Use Petition Act (LUPA) lawsuit. Fees will be paid' by the proponent to cover county staff and resources. Conclusion Based on an assessment of the nature of this amendment, staff recommends that the BoCC take action to provide this public notice of application, which provides a 30-day comment period, and allow the Hearing Examiner to conduct an open record hearing and make recommendations to the BoCC regarding the legislative decision required of this consolidated application. Staff further recommends that the BoCC seek legal counsel prior to taking action. [End] DCD Rae for Rnal Docket 6-14-06 PLA consolidated app Page 3