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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com]
Sent: Tuesday, June 20, 2006 10:52 AM
To: Barbara Nightingale
Cc: Powers & Therrien
Subject: Re: Action of BoCC
Barbara:
I think the problem is that the procedure does not file the procedure either for LUPO or under the UDC. Unless
one considered code interpretation, neither has a procedure that is essentially advisory in nature. I am happy that
the BoCC asked for an HE review. As I have said, I think the proposal raises difficult legal issues dealing with the
effect of an amendment of what is essentially a private agreement between the county and the developer on
ordinances and the Comprehensive Plan itself, some of which are exhibits to that agreement and others of which
are not, with vesting rights of the individual lot owners in the MPR who have bought from the developer and
should enjoy the vesting rights of the developer within the MPR, and of the effect of the proposal on CC & Rs,
particularly the CC & Rs that vest ARC review of the Trend West proposal in the PL VC under the Viking
Properties case. While it is the case that the county does not enforce CC & Rs, it cannot abridge them without
compensating those who benefit thereunder.
At the least the matter raises interesting land use and property issues.
Les
----- Original Message -----
From: Barbara Nightingale
To: Powers & Therrien
Cc: Elizabeth Van Zonneveld ; LewisHale@aol.com ; Rick Rozzell
Sent: Tuesday, June 20,200610:14 AM
Subject: RE: Action of BoCC
Les and All,
The 14-day notice period I was referring to is the minimum public notice for a hearing per LUPO. I have not
found anything yet on any public notice period associated with a HE providing recommendations to the BoCC.
As soon as I know of any such period, I will keep you advised.
Thanks,
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
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Tuesday, June 20, 2006 9:52 AM
To: Barbara Nightingale
Cc: Powers & Therrien; Elizabeth Van Zonneveld; LewisHale@aol.com; Rick Rozzell
Subject: Re: Action of BoCC
Barbara:
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Thanks for the prompt response. Let me know when ht e 14 day comment period commences or ends. I
appreciate the assistance.
Les
----- Original Message -----
From: Barbara Nightingale
To: Powers & Therrien; AI Scalf
Cc: Elizabeth Van Zonneveld
Sent: Tuesday, June 20, 2006 9:14 AM
Subject: RE: Action of BoCC
Les and Elizabeth,
Yes - It will be an open record hearing. There will be a 14-day notice period of the hearing. In that notice of
hearing, information will be provided on the procedure for public comment. Remember, the HE is only making
recommendations to the BoCC. The HE will not be making an appeal-able decision. I have been advised that
there will not be a second hearing or a chance to comment on the shoreline permit recommendations but
there would be a chance to comment to the BoCC on the legislative (amendment) decision prior to the BoCC
decision.
An appeal of the BoCC decision for both the permit and the amendment will only be to the Superior Court or
the Shorelines Hearings Board in accordance with Chapter 36.70C RCW or Chapter 90.58 RCW.
I 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
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Tuesday, June 20, 2006 7:19 AM
To: AI Scalf
Cc: Powers & Therrien; Barbara Nightingale; Elizabeth Van Zonneveld
Subject: Action of BoCC
AI:
Will the HE hold an open record hearing before making his/her recommendations? What is the response time
to the HE? Will there be an opportunity to be heard again before the BoCC when it hears the matter subject
to the HE's recommendation?
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
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