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Barbara Nightingale
From: Powers & Therrien [powers_therrien @yvn.com]
Sent: Tuesday, June 20,20065:14 PM
To: Barbara Nightingale; LewisHale@aol.com
Cc: evz@cablespeed.com; RR2DP@aol.com; AI Scalf
Subject: Re: CC & R
Barbara:
I don't think the CC & Rs are simply a civil issue. Were this simple enforcement, this would be the case.
However, what is involved here is a modification of the CC & R definitions that apply to single family zoning and
CUPs that are permitted thereunder. I do not think such a modification can be executed by an amendment to the
development agreement. The CC & Rs have their own provisions for amendment that involve the developer and
the PLVC but not the county. If the county takes an action that amends the CC & Rs, as I said, I think RCW
36.70A.020(6) and condemnation are involved. This is the clear holding of Viking Properties. Under this analysis,
both compensation and public purpose are involved.
Les
----- Original Message -----
From: Barbara Nightingale
To: LewisHale@aol.com ; powers therrien@yvn.com
Cc: evz@cablesDeed.com; RR2DP@aol.com; AI Scalf
Sent: Tuesday, June 20, 2006 4:54 PM
Subject: RE: CC & R
Lewis,
I am told that citizens could request time for their Own presentation. This should be done through John
Fishbach. I have been advised that it would be good to have an agenda planned - that just being against the
proposal might not qualify as a proposal. A proposal might be something like proposing an alternative site - or
the CC & R issues (although that is a civil matter) just a thought.
John Fishbach's number is 360-385-9383.
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: LewisHale@aol.com [mailto:LewisHale@aol.com]
Sent: Tuesday, June 20, 2006 4:34 PM
To: Barbara Nightingale; powers_therrien@yvn.com
Cc: evz@cablespeed.com; RR2DP@aol.com; AI Scalf
Subject: Re: CC & R
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Barbara, thanks. If this workshop is to be an integral part of the BoCC process then I think there should have
been more formal advance notice to the community. In my particular case this is a big issue to me but the
notice does not allow me to attend. Since this is, as I understand it, specifically at PLA's request to brief the
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