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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 Port Ludlow Development
Agreement Amendment I & Shoreline Substantial Development Permit
To:
Through:
Fr:
Date:
Re:
Attachments:
Jefferson County Board of Commissioners (BoCC),
John Fishbach, County Administrator
Barbara Nightingale, Associate Planner, Port Ludlow Master Planned Resort, Department of
Community Development (DCD)
June 22, 2006
Background Report for June 26th Workshop on Port Ludlow AssociatesfTrendwest proposed
Amendment I to the Port Ludlow Development Agreement and the 2006 Shoreline Substantial
Development Permit
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
Backaround
The Department of Community Development (DCD) refers the BoCC to the above-referenced Consolidated
Application that 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) the 2006 Shoreline Substantial Development Application for a 120-unit residential
development in six buildings, one reception/recreation building, pools, roads, and trails. This suggested
amendment and shoreline permit is a consolidated application for 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.
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
Board of Commissioners. Under Section 16 of the attached LUPO that applies to the Port Ludlow
Development Agreement, there are two Decision Procedures for the BoCC to select from to make this
legislative decision. The BoCC has selected the option to refer the application to a Hearing Examiner for an
open record hearing and examiner recommendations being transmitted to the BoCC, from which they can
make their legislative decision.
Department of Community Development Staff Report on Proiect Historv
The following is a summary description of the suggested amendment and shoreline permit before you.
The proposed amendment to the Port Ludlow Development Agreement changes the language and
development standards of the Port Ludlow MPR to allow timeshare use in Tract E by defining and allowing
Timeshare use for Tract E. Tract E is presently zoned as a Single Family - Four Dwelling Units per Acre (4:1).
As part of the larger "Ludlow Cove" proposal, the earlier application was vested in an earlier land-use
designation for Tract E by virtue of a complete application in 1995. Under that 19 5 ?li~Q,,,the project was
vested in the regulations applicable at that time, which was zoned as a 16:1 acre . ~M1 Conditional
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6-22-065Iall report ot SoGG . . Page 1"
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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 Mitigated Determination of Non-Significance 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 remanded the shoreline permit appeal back to Jefferson County for further
action. For the County, the appellate decision by Hearing Examiner Galt has effectively vacated the previous
2005 approval for the "timeshare" use at Tract E.
The applicants, Port Ludlow Associates and Trendwest, now submit an amendment to the PLDA for
"timeshare" use at Tract E and a Shoreline Substantial Development Permit for that use. The land-use
designation for that Tract E, under the 1998 Jefferson County Comprehensive Plan, is now 4:1.The
amendment before you changes that shoreline land-use designation to "timeshare" use of 120 units in this
14.66 acre parcel, Tract E. This change of land-use designation to ''timeshare'' is required prior to approval of
the shoreline use permit.
Under the Land Use Procedures Ordinance #04-0828-98, Section 16, this is a Type C Decision. The BoCC
has agreed to review this case, refer it to a Hearing Examiner for a public hearing and transmit
recommendations to be submitted to the BoCC prior to the BoCC decision on the amendment and shoreline
permit. Public notice of this application has been transmitted to reviewers and to the public through the Port
Townsend Leader. This public notice also serves as notice of using the existing environmental documents
pursuant to SEP A 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 SEP A, the
existing SEPA documents can be used to satisfy the county's responsibilities under SEPA. 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.
The 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 time and resources.
Present Status: Notice of Application published June 21. 2006 for 30-Dav Comment Period
Effective June 21, 2006, the BoCC has provided public notice of a 30-day comment period and an open record
hearing to be held sometime after the 30-day comment period that began on June 21,2006. This workshop is
the applicant's opportunity to present their proposed amendment and new Shoreline Substantial Development
Permit.
6-22-06staff report at soee
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JEFFERSON COUNTY
PUBLIC NOTICE OF APPLICATION AND PENDING THRESHOLD
DETERMINATION
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT, PRIMARY USE
CASE NO.: SDP06-00019
AND SUGGESTED AMENDMENT TO THE PORT LUDLOW DEVELOPMENT AGREEMENT
CASE NO.: MLA06-0021
PROPONENT(S): PORT LUDLOW ASSOCIATES LLC
NOTICE IS HEREBY GIVEN that Jefferson County has received a consolidated
application for a shoreline primary use permit in compliance with the Jefferson
County Shoreline Master Program and a suggested amendment to the Port Ludlow
Development Agreement to define and allow timeshare use at the Port Ludlow
Master Planned Resort.
Application Received Date: June 8, 2006
Application Complete Date: June 14, 2006
Application Notice Date: June 21, 2006
PROPOSAL:
The suggested amendment to the Port Ludlow Development Agreement defines and
allows timeshare in Tract E of the Port Ludlow Master Planned Resort. The
Shoreline Substantial Development Permit for a 120-unit residential development,
which includes six buildings, one reception/recreation building, pools, roads,
and trails, is the structure intended for timeshare use.
This proposal is subject to environmental review and threshold determination
under the State Environmental Policy Act (SEPA) . The County intends to adopt the
existing environmental documents.
PROJECT LOCATION: Parcel Number 968 800 102 in Section 17, township 28, Range 01
East, WM, located on Paradise Road at Breaker Lane, Port Ludlow, WA 98365
This consolidated land use application will be decided by the Board of County
Commissioners following an open record hearing before a Hearing Examiner. The
Hearing Examiner Recommendations will be transmitted to the Board of County
Commissioners, who will make the final land use decision. The Open Record
hearing will be held sometime after the 30-day comment period following this
Notice of Application.
All interested persons are invited to (a) comment on the application; (b) receive
notice of hearings; and (c) receive a copy of the decision by submitting such
written comment(s)/request(s) to the Jefferson County Department of Community
Development, Development Review Division,621 Sheridan Street, Port Townsend, WA
98368, (360)379-4450. Comments concerning this application should be submitted to
the Department of Community Development by 4:30 p.m. on July 21, 2006. Comments
submitted after this date may not be considered in the staff report. Information
on the proposal is available at the Jefferson County Department of Community
Development.
If the last day of the comment period falls on a weekend or holiday, then the
comment period shall be extended to the first working day after the weekend or
holiday. Appeals must be filed within fourteen (14) days following a decision.
Only parties of record have standing to appeal. Requirements for the content of
an appeal request can be obtained at the Department of Community Development.
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AFFIDAVIT OF POSTING PUBLIC NOTICE
JEFFERSON COUNTY LAND USE PROCEDURES ORDINANCE
ORDINANCE NO. 04-0828-98
State of Washington)
County of Jefferson)
I, , being duly sworn of oath say that I have posted two (2)
public notice posters on or near the site identified in the following
development description:
PROPOSAL: 120 unit residential development in six buildings, one reception/rec
building, pools, roads, and trails
These two notices were posted in full compliance with
JEFFERSON COUNTY LAND USE PROCEDURES ORDINANCE, ORDINANCE
NO. 04-0828-98 on:
the
day of
, 2006.
(Signature of person posting notice)
Subscribed and sworn to before me on this
of , 2006.
day
Acknowledgement:
Notary Public in and for the
State of Washington,
residing in
Washington.
My commission
expires:
NOTARY STAMP
Case Number: SDP06-00019
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POSTING INSTRUCTIONS
Please post the two attached notices on two (2) (2 foot
by 3 foot) boards provided by this department in separate
and conspicuous locations on or reasonably near the site
of the proposed development by June 21, 2006.
The clear adhesive paper can be put over the notices
after you mount them to protect them from the elements.
Complete the affidavit, have it notarized, and return it
to this office within three (3) days of posting.
If you have any questions, please contact this office at
(360) 379-4450.
Case number:
Proponent(s) :
SDP06-00019
PORT LUDLOW ASSOCIATES LLC
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JEFFERSON COUNTY
PUBLIC NOTICE OF APPLICATION AND PENDING THRESHOLD
DETERMINATION
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
PRIMARY USE
CASE NO.: SDP06-00019
PROPONENT(S): PORT LUDLOW ASSOCIATES LLC
NOTICE IS HEREBY GIVEN that Jefferson County has received an application for a
shoreline primary use permit in compliance with the Jefferson County Shoreline
Master Program.
Application Received Date: June 8, 2006
Application Complete Date: June 14, 2006
Application Notice Date: June 21, 006
PROPOSAL:
120 unit residential development in six buildings, one reception/recreation
building, pools, roads, trails This proposal is subject to environmental review
and threshold determination under the State Environmental Policy Act (SEPA).
PROJECT LOCATION: Parcel Number 968 800 102 in Section 17, township 28, Range 01
East, WM, located on Paradise Road at Breaker Lane, Port Ludlow, WA 98365
All interested persons are invited to (a) comment on the application; (b)
receive notice of hearings; and (c) receive a copy of the decision by submitting
such written comment(s)/request(s) to the Jefferson County Department of
Community Development, Development Review Division, 621 Sheridan Street, Port
Townsend, WA 98368, (360) 379-4450. Comments concerning this application should
be submitted to the Department of Community Development by 4:30 p.m. on July 21,
2006. Comments submitted after this date may not be considered in the staff
report.
Information on the proposal is available at the Jefferson County Department of
Community Development. If the last day of the comment period falls on a weekend
or holiday, then the comment period shall be extended to the first working day
after the weekend or holiday. Appeals must be filed within fourteen (14) days
following a decision. Only parties of record have standing to appeal.
Requirements for the content of an appeal request can be obtained at the
Department of Community Development.
Project Planner: B NIGHTINGALE
Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98368
(360) 379-4450
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