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J.RSON COUNTY PERMIT CENTE~)
CASE NO. S1JPDl.o- lXY'IOJ -zj.. 2:0).jlJ1p-OCX'z.. <1
CERTIFICATION OF MAILING
I make the following certification:
I am competent to testify and make this certification based upon personal knowledge. On
this l'2> day of j fJ.>>.J , 2006, I deposited into the U.S. Mail with first class
postage affixed, true and correct copies of ~c(~)--~~..4Lo ~--tU- ,/
in the above matter, addressed to: ML-4oz, - oOQ2.1
...[J -Adjacent Property Owners: See attached list.
Q-""" Agencies: See attached list.
[} Interested Parties: See attached list.
[]..- Applicant/Representative - Posting Packet: 1 set of laminating sheets with
Notices, Posting Instruction, Affidavit, and a copy of Notice.
o ---NeWspapers
o Official Posting Places (x3)
o Other:
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing certification is true and correct.
EXECUTED this .t~ay of ~L{A.. (\ ,2006 at Port Townsend, Washington.
o~ ~n%-
Declarant
LO; Ii
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\\pennitserver\home\permit\PLNCNTR\PLNCLERK\Forms\FRM Certification of Mailing updated 1-2006.DOC
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street
Port Townsend, W A 98368
AI Scalf, Director
June 23, 2006
Dear Reviewer,
RE: MLA06-00221 - Location: Parcel Number 968800102 in Section 17, Township 28, Range 01 East, WM,
located on Paradise Road at Breaker Lane, Port Ludlow, W A 98365.
Jefferson County has forwarded the attached application to you for review and comment because your agency is
responsibl~ for <:ll:ltE3rmining ~ompliance with state and federal requirements or may otherwise be affected by the
following proposal.This project includes a proposed amendment to the existing Port Ludlow Master Planned Resort
Code (MPR Code) to allow "timeshare" use for a 120-unit residential development within the Port Ludlow Master
Planned Resort situated on 14.66 acres identified as Tract E of the Ludlow Cove Development. The proposal
changes the current density from 4 dwelling units per acre (4:1) pursuant to the County Comprehensive Plan to the
previous density of 16: 1 in accordance with the 1995 Interim Urban Growth Area (Ordinance #01-0117-95). The
proposed project includes six residential timeshare buildings, one reception/recreation building, a private road
system, recreational amenities, including a private swimming pool, outdoor barbecues, spas, and public and private
trails. The proposed project will be served by public water, sanitary sewer systems, and a storm drainage system.
An existing wetland and stream, together with associated buffers, are located in a native growth protection
easement, the boundaries of which are established as part of the Ludlow Cove Division 2 platting process. No work
is proposed below the Ordinary High Water Mark (OHWM) of Port Ludlow Bay. Vehicular access to the new
development will be provided via a new private road off Paradise Bay Road. Residential development is a "primary
use" within the urban shoreline environment. A site plan, storm drainage plan, water and sewer plan, landscaping
plan, and building elevations diagram are attached to this application. Geotechnical reports, traffic assessment,
habitat management plan, and archaeological resources and traditional cultural places assessment have also been
completed and are available for your review.
This project will require a Jefferson County Shoreline Substantial Development Permit, Jefferson County Building
Permits Construction Plan Approval, and Hydraulic Project Approval from Washington Dept. of Fish and Wildlife for
the discharge of stormwater. If the proposal is approved, policies and performance standards found in the amended
1994 Critical Areas (Ordinance No. 14-0626-95) and the 1989 Shoreline Management Master Program will be used
to form permit conditions intended to mitigate adverse environmental impacts. Additional conditions or mitigation
measures may be required under SEPA.
This proposal is subject to environmental review and threshold determination under the State Environmental Policy
Act (SEPA). The Department expects to adopt an existing environmental document, Mitigated Determination of
Non-Significance and Lead Agency Status, prepared July 26, 2005, and issue a DNS for this proposal. This may be
your only opportunity to comment on the environmental impacts of the proposal. Comments must be received within
thirty (30) calendar days of the published public notice or by July 24, 2006. If no written response has been received
within thirty (30) days, your agency will be presumed to have no comments. If necessary, the UDC administrator
may grant an extension of time for comment. Please contact Barbara Nightingale at (360) 379-4472, if you desire an
extenstoo-oHime Of have -additional questionsregardingthis-proposal~~- ---
Building Permits/Inspections Development Review Division
Long Range Planning
(360) 379-4450 ascalf@co.iefferson.wa.us
FAX: (360) 379-4451
,
Thank you in advance for your attention to this matter.
Sincerely,
c: NICOLE FAGHIN, REID MIDDLETON
7650 OAK BAY RD, JCFPD #3
, CITY OF PT - BLD/COMM DEV
POBOX 278, CHIMACUM SCHOOL DISTRICT 49
, CITY OF PT - BLD/COMM DEV
ATTN: TOM AUMOCK, CITY OF PT FIRE DEPARTMENT
LINDA ATKINS, JEFFERSON COUNTY HEALTH DEPART
31974 LITTLE BOSTON RD., PT GAMBLE S'KLALLAM TRIBE
ERICA DIRKSON, PORT TOWNSEND LEADER
PO BOX 929, JEFFERSON CO PUD #1
SHERRIE SHOLD, JEFFERSON CO ASSESSOR
1615 W. SIMS WAY, JEFFERSON TRANSIT
JIM PEARSON, JEFFERSON CO PUBLIC WORKS
PO BOX 1180, PORT OF PORT TOWNSEND
LEROY PATTERSON, WSD OF TRANSPORTATION OLYMPIC
JEFFREE STEWART, DOE SHORELANDS OFFICE
ATTN: BETSEY DICKS, DOE SEPA REVIEW
LEANNE JENKINS, PLANNING DIA., JAMESTOWN S'KLALLAM TRIBE
SHELLY AMENT, WDFW
RANDYJOHNSON,WDFW
,WDFW SEPA REVIEW
OLYMPIC REGION; CONNIE SALLEE, WA STATE DNR
EXTERNAL PROJECTS, WA STATE DNR SEPA REVIEW
PO BOX 1906, O.E.C.
JEFF CHEW, PENINSULA DAILY NEWS
RICHARD SMITH, LMC GOVERNMENTAL AFFAIRS COM
KOKO CRONIN, US ARMY CORPS OF ENGINEERS
RANDI THURSTON, WDFW
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JUN - 8 2006
'"
- -~stef:-P~mnit-Appfication - ---~
Project Description (include separate sheets as necessary):
120_
,roads,: trails,
Tax Parcel Number::
--,nOf:.. ---
Property
Size:
968800102
14.66 acres
(acres/square feet)
Port Ludlow. W
Site Address and/or Directions to Property: Pa;rad e Road at Breaker Lane
Property Owner(s) of Record: Port Ludlow Assoeia tes. LLC
Telephone:' 360-437-2101' Fax: 360.,.437-2522
Mailing Address: 70 Rr~l'lk~r T.l'lnp'~ Port' T,t1i11nwJ TJA' Q81fl'i
Applicant/Agent (if different from owner): Port. Ludlow Associates. LLC I
Telephone: 425-498 2701 ' Fax: 425-498-3062
Mailing Address:' 9805 Jolillows Rd. ~E, R~dmond. WA 98052
What kind of Pennlt? (Check each box that applies)
:xi Building
1 Demolition Permit
I Single Family
1 Garage Attached f Detached
1 Manufactured Home
1 Modular
1 Commercial *
1 Change of Use
I Address
1 Propane
1 Allowed "Yes" Use Consistency Analysis
1 Stonnwater Management
1 Site Plan Approval Advance Determination (SPAAD) *
1 Temporary Use
iWireless Telecommunication"
i Forest Practices ActlRelease of Six-Year Moratorium
"Ma re ulre a Pre- /;cation Conference ....Re ulres a p~ /icatJon Conference
Please identify any other local, state or federal penn/ts required for this proposal, If known:
email: dsmeland@portludlow
. associates .co
Trendwes1: Resorts. ,Ine.
email: lyn. keenan{<lcendant_trg.
om
I Road Approach
1 Variance (Minor, Major or Reasonable Economic Use)
1 Conditional Use [e(a), C(d), or C) **
I Discretionary "0- or Unnamed Use Classification
1 Special Use (Essential PUblic Facilities) **
1 Boundary Une Adjustment
1 Short Plat "*
1 Binding Site Plan ...
ll<1ng Plat **
1 Planned Rural Residential Development (PRRD)/Amendments "*
1 Plat Vacation/Alteration **
1 Shoreline Master Program Exemption/Permit Revisions **
>> Shoreline Management Substantial Development **
I Shoreline Management Variance
1 Comprehensive PlanlUDCIland Use District Map Amendment
1 Jefferson County Shoreline Master Program Amendment
I hereby designate Nicolp. F;!ghin t Reid
Middleton Ine. . .,-, .. ,
OWNER SIGNATURE
DESIGNAnON OF AGENT
to act as my agent in matters relating to thisapp '~Jjon fQr pennil(s).
By signing this application fann, the owner/agent attests thatthe information provided h 'n, a
his, her or it.s knowledge. Any material falsehood or any omission ola material fact made
result in this permit being null and void. '
I further agree to save, Indemnify and hold h;lrmless Jefferson County against allllablliUes, j (fgments, court costs. reasonable attorney's fees and
expenses which may in any way accrue against Jefferson County as a result of or In consequence of the granUng of thIs permIt.
I further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sole purpose of applicaUon
review and any required tater inspections. Aceess and right of entry to this property shall be reque and shall occur only dUl'ing regular business '
hours. \ l
Signature: Dale: I.". '"\ 0 LO
. \
The aeUon or actions Applicant will undertake as a result of the issuan of this perm' ay negatively impact upon one or more threatened or
endangered species and Could lead to a potenUal "take" of an endangere species s those terms are defined In the federal law known as the
"Endangered Species Acf' or "ESA." Jefferson County makes no assuran to applicant thatthe actions that will be undertaken because this permit
has been Issued will not violate the ESA. Any individual, group or agency ca Ie a lawsuit on behalf of an endangered species regarding your ac\ion(s)
even if you are in compliance with the Jefferson County development code. The Applicant acknowledges that he, she or it holds Individual and non-
transferable responsibility for adhering to and comptying with the ESA. The Applicant has read this di almer and signs and ates it below.
Signature: ate:
any attachments, is true and correct to the best of
owner/agent with respect to this applicaUon packet may
C:\Documents and Settings\cat3I\Local Settings\ Tempotal}' Internet Vdes\OLK86\Master P~t Ap . lion 12-30-OS.doc
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SECTION B . Use for Shoreline and Corps of Engineers permits onlv:
ITa. TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VAlUE OF THE PROJECT. INCLUDING MATERIALS. LABOR. MACHINE RENTAlS. ETC. $20 million
17b. IF A PROJECT OR ANY PORTION OF A PROJECT RECEIVES FUNOING FROM A FEDERAL AGENCY. THAT AGENCY IS RESPONSIBI..E FOR ESA CONSUlTATION. PLEASE INDICATE IF YOU
ILL RECEIVE FEDERAl. FUNDS AND WHAT FEDERAl. AGENCY IS PROVIDING THOSE FUNDS. SEE INSTRUCTIONS FOR INFORMATION ON ESA"
OERAL FUNDINIG 0 YES lIDNO IF YES. PLEASE LIST THE FEDERAL AGENCY
8. LOCAL GOVERNMENT WITH JURISDICTION:
QURty u __~_~~~___mH
19. FOR CORPS. COAST GUARD. AND DNR PERMITS. PROVIDE NAMES. ADDRESSES. AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS. LESSEES. ETC...
PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAl. NOTICE _ CONSUl. T YOUR LOCAl. GOVERNMENT.
NAME
ADDRESS
PHONE NUMBER
SECTION C . This Section MUST be completed for any permit covered b this application
. APPliCATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE
INFORMATION CONTAINED IN THIS APPliCATION. AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF. SUCH INFORMATION IS TRUE. COMPLETE. AND
CCURATE. lFURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE'THE PROPOSED ACTMTIES. I HEREBY GRANT TO THE AGENCIES TO WHICH
IS APPUCATION IS MADE. THE RIGHT TO ENTER THE ABOVE-DESCRIBED LOCATION TO INSPECT THE PROPOSED. IN-PROGRESS OR COMPlETED WORK. I
AGREE TO START WORK QH!.Y AFTER ALL NECESSARY PERMITS HAVE BEEN RECEIVED.
SKjNATURE O~
~ ~~ ~
SIGNATURE OF AUT~ENT
DATE
I HEREBY DESIGNATE Reid Middleton, nc.
TO ACT AS MY AGENT IN MAnERS RELATED TO THIS APPLICATION FOR PERM
I MUST SIGN THE PERMIT.
). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED.
\P l-t lpv
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18 U.S.C 51001 pro.;des thaI: ~. in any manner within the jUtisdiclion o(anydepartmenl or 119
material fact or makes any false. fidilious. or fraudulent stalemenls or representations or makes or uses
enIIy. shaft be fined not more than $10.000 or impriso/led not more than 5 yeats or bo1h.
Unl\ed Stales knowingly f3Islf'.es, conceals. or covers up by any Irick. sdleme. or dll'lilre a
i> ","ling or cb;umenl knOWing $llme 10 conlain any false. licIilious, or fraudulent statement or
COMPLETED BY LOCAl OFFICIAL
A Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake,lagoon; marsh, bog, swamp, flood
plain, fJoodway, delta; type of beach. such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay,
rock, riprap; and extent and type of bulkheading, if any)
B. In the event that any of the proposed buildings or stn.Jctures will exceed a height of thirty-fIVe feet above the average grade
level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view:
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C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that
the proposed use maybe a conditional use, or, in the case of a variance, from which the variance is being sought
These Agencies are Equal Opportunity and Affirmative Action employers.
For special accomrriodation needs. please contact the appropriate agency in the inSlruclior'ls.
...i\'.
JARPA, Revised 7/02 Contact the Stale of Washing Ion Office of Permit Assistance for latest version, 360/407-7037 or 800/917-0043
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JUN - 8 2006
Mastel: p(mni~ ~~rfcatjon
ptojec:iDe~~ni::kJde ~tat~she&ts asn~):
12
,roail's.. I:::Td1.s ,
Tax Parwl Numller; 968:t10102
, MLk
SlteAddress and/or Dlrectlonsto PropeJty:
PtQpm)i OWnIJf(s} ~~9rd; ,Port Ludlo.w A
T.lephont}: ',MQ-437-.210J Fax: 37...2.5.22
Man,ngAddres~7Q, ,1!l'C'Aa'kpr T.Rnp'~ 'Pt'l'l'"t:r..1nlr.....,~ tJA'q8'~n~
AppllcantlAgQnl(lfdlff'ntntftolJl ()\li(iiet): Port Lud~w As$O~:tat:.es.
T~lephone: . 'tZ~49:8-4 7pl . . . ... ~. 'A:25~9t3,..,3062
Mailing Addr~::~80~Ll1t!lo'T~l!4~NE . RedmOnd . ,VA 9il05:2
f kina ClfPermlt?(CheCk ~~ bo~ ~tapplie$)
B~iIding
lOemoliliClI'l Permit
iSingle Family
lG~ Attached I Detached
1 ManUfactured Home
iMoclular
l Commercial ..
l ChahgeofUS$
lAddress
I Propane
, lAilowed'Ves" Use Con$l$tencyAoalysis
1.SWrmwaterManagement
lSitepJan APproval Advance Determihtltion(sPAAD) ..
1TemporaryuIile
l Wi~ess T t;lIeCl:lll)ml.lflication ..
fFore.$t p~ ACttReies" ofSix;.YearMotatotium
. 'Mare . sPre .."CatfonCOMiiwlce . .. . ... . *"Ru~aPre.Alqttlon,C()~
Please Identity any ()th~r local. state orfederaf pennitsTequired forthisproposali if known:
IJ.~t!r$na'W~st: bs~.t:$.~c.
, emaU: ,l~.k~~an~~lWt...trg,.
I RoM Approam
iVatlal'\O!il{MIOQ....Mi'Ii<ir otRe<l$O~ble,~icUsal
lConcfrtlonafU~. . ,. orc}....
I Oisoretionary . . . .. Sl:l CJasslfit;a1fon
ISpeQiaJ;{J$e (~tlt!tPuPliP Faoilitfes)-
laoun~14O(;l~nt
lShortf'lat"'"
1 alndlQ9~~ Plan ....
I LAAQ Plat-
1, Pkinned RtJi"alfl~ DevelOpm.eht<fiRRO)/Ainendti'Jenl$ "*
lPlatVaca~ ...
l~hQrelil1e.Ma~ P~ml~)(~~i)nlPliJnnltR~""
1Sho~li~ "'~ementSlJbldal1flallt>evelopmeot ...
IShOreUneM~Vatl~
I'Cor1I~$lve.~.U~,Uistli~Wp~ndmE!f!t
lJeffen.onCountySborel~,~rProgram~rtdil\ellt
J:J:j~reby dc!$lgl'ltlte. N .
Middleton Inc.
~eR$iGNA1:UUE .
c..:
.tlate;(4.. -,.. CS"i
SyslgniJ1Q thi$ appUCatibllfotm,~ ~/~Mt8ltes stbattheklfi:mnadQi):prDlildedbenlio, _iif aoyilttacOro~,I$tttl&'l1l!:! ~cn~ tho ~
his, her arlt's ki'lowledlle;Any matellal fal$el'wadoranYol!ll~OI!'ofll mete.rlal fact made by lheownerl,eglml wlllH$spect~ thiupPl\c$llon m;~may
RIlIIJltjll 1bls,pecmlt being nulf lli1d void. .
IlUrther agree to sa" li:tdemillfy arid hold harmless Jefferson COuntyllgall'l$1aU Ilabillties.Jud9menls,cOUlt co'sls. telltOlUlble aUomays fIae& and
expeosesWhI. mltYiIl any way~a.g,alnlll ./efl'ersOl'lCounty l!S II r~ of or in consequence CIf the vraritinQOf(bl~ pemtil.
lli,q1her agre . provkle aCtl:l$$ andligllt ()h!JlrYt9Jilfferson~ andltsemplQyee$, tejll'~'or agents tot thll$Ol~putp~Qf~
rllview llnu an t\lQllife(l latlirlrispec;t1 (X;EIS$iind iig/lt clfenfJylO'fjjs property $hiln\iQiliq~aI)d$haU ()i;(lU(lmlY aWlOlt tetlUlllt:~'
~. .
signature:oate:~.-l,,:~~
11leaetioll or actiOns Appll~nl WlnundertliRails a result of the Il;suance cit,lhlspermitmay l\egatlve~lmPlletl;lpolrone ll(l\'Iore_"WAlld 9f
erilfaollerlldspecles and co\lld.leaq to a p~ "ta!slt"ofan;~l\J!!lllrElJ:l $p\lcienl$1h9se~.!lI'e de~ 4l~ ff!d~. 'lllflkno.wnl!l! ~.. .. '
"E .. ll(;Ie& Acr or "I:SA;' JljIerson CounlyclnakeS..llOliS$\.nnces totha applicant Itlat!he ~fiat:Wlll bll~~rt~lI1l$:pemtlt.
has . wll ilOt.vlot!ile.1he ESA. Any indlvld\lal,1lroup 9f.agencycan /lie alaw&Uil on ~!)alf!lf apertdangEirfld $peCll!Is~ ~i.lr ~s) ,
ElW!) If'you,a(ll oomp/iance.Wllh the,l& l.llWnCounty de'iilklprnelit code. ~Appllcantai;krtowledges 1balh.e, sh,e-ilr lttJOldilJndlvldUlifand non-
trlinaferablG ,'.. . slbiQty 1<< ai1hedng to co p/ylIJgWltl1 tbeESA The AP'Imcant has read1hi$ diselaii:neraod liignsand datQsfl below.
signallll'e: . Ci~;, (o"""'~t!'
C:\DocuOlClUll and Scttingll\c:arnI\LooiISetlings\Tempor.ltyIn~ Files\OLK86\~\<t Pc.nnitAppli(;llion 12-3(l;.()SMe
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~Fft;T1QH S..tfse for Shote1in, allI1C~Qf.SJigJheets ..Gni1#$OIilv;
711. TOTALOOSTOF PRQJECT. l'H1S MEANS THE FAIR MARI<ET VI\LUeOf tfiEPRO.lEC'r.JNClllOtNG"""TERIAl,S. tABOR. MAGHlNEREI!lTM;$,ETc.$2()mUll<:>n
711. IF A ~~.wv ~QFAPRO.I~m:cClVE$FtmOJN4AAOMAFEDa&AGeflCY; lw.l'A~Y1S R.E$P'ONSlBl.E fO.RE~a>N.SIJLTATlON. PUiiASelNOfCAltt.)F YOI)
U REQElIIE'fE~FONIlS At-lDWHATFEDEAAL AGENCY IS'PROVlOJNG lllO.SEfUNOS.See I.NS1'R\.ICTlQN FOR Il'lF~t-l ON ~...
l:iDElW.. F\JND.lNJ.GowsIiINO IF YES. P\..EAse liSt lllEFEOERAi..AGENct
18. LOCAl. GOYERI4MelTWITIi JURlSOICTlQN;
-Jeffe~(:mcourlty~---------~.. -.______. .~_~_~~~_
9. FQRCl:lRP$; cOAsT GllARP.AAD ciNRPeRMlTS.pRO.VIDeNAMES.~ES,AIID t$.EPHONENi;l~9FAJijQJNlNG~'!i~. UlSSEE$,ETC._
~NO'TE. $HORE!IJN$MANAGEME.NTC~M4YREQVJREADDI'1jONALN6TJCE-COMfIJLT'YOlJRLOCAL ~Ef.I1.
. NAME
~
p-~
ee APOlist
$l;arJQN.c.~,t4!s~QIJMlI$l'be CQtn. rkflegtorp ermJt.cplteredll .u,f.s,ppli(#ltit:!11
APP.UCATlOH IS~ MADE FoRA PE:RMlTORPERMmi WAUTHOalZEJ1.lEAcnVmai:loESCRlsEOHERaN. I~ riiAT [Mtf'AMtllARWmfTl:lE
lblf0RMA110NCQl.trAlNep:1N tH'$APPLlCATION,ANO "!'HAT TO THEaEST OF MYKNOWtet.lGlaAND ~IEF,SlJCH'INFORMATtQHJ$'UWEi .~..'A@
, IF\JRlll~CERTlFY THAT IP6SSESSTHeA\JtHORlrY TOUNOl<flIAKlOTflE ~OP<:'iSEOAetlV1TltS., 'HE$BVGMmTQTtlE~GEijClaj TOWH1C!i
:t)ON I$MAoe, THe. "'GI-lTTO arra~ l'Hr;-AB(,)\I&Pt;SCRlt\a)\.()C',(1lON T.o IHSPeCTTflE PROPO$eo. (N..pROORl'lSSORet:'lMPtam WORK I
,.OSr~"QRJ(2tU:Af'reRAU. HECES$'AR:YPERMIt$./iAve 6E'~N RECEIVED.
;flEOFAPP TE
19"'1-0~
Rt)ld Mic:fdletpn, Inc.
TIERS I'lElA1a:lT<ltf/ISAPPt.lCATION FQR'PERM!T($), I UNPERSTANP THAT IF ^ F€OERALPERMlT IS J$,$tJEO;
PAri;
PATE (0"1-
Slim!s~yf~l$iires'~~~UJ>~yanyfrlCl<.~,of~:ii
.9!'.~i~AI1.~to.!lOil\'lliri~~;~i;!:..fr;jQqlil...,t~l;Q(
These}\SjllIll;i8Sara Equal QppoJ'lunit)llll:ld MirmatiVe Action emplOy$1'$.
For $~~0I1 ~,pleaso contact (he appR)priate .!lll~ In the tnSlt\JCtjQtlS.
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JUN - 8 2006
jA~A,Revised 7/02 Contact the Slate of WaShington Office ofPenni.t )\Ssistl!nce fOi'latest version,3()0I407';7o.3ii)'i8~J7~--
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JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA)
(for use in Washington State)
PLEASE TYPE OR PRINT IN BLACK INK
o Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy
of this completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition) to your local
Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day.
NOTE: LOCAL GOVERNMENTS - You must submit any comments on these projects to WDFW within 15 working days.
Based on the instructions provided, I am sending copies of this application to the following: (check all that apply)
o Local Government for shoreline: IRISubstantiaI Development 0 Conditional Use 0 Variance 0 Exemption 0 Revision
o Floodplain Management 0 Critical Areas Ordinance
o Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region)
o Washington Department of Ecologyfor 401 Water Quality Certification (to Regional Office-Federal Permit Unit)
o Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification
o Corps of Engineers for: 0 Section 404 0 Section 10 permit
o Coast Guard for General Bridge Act Permit
o For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of
Transportation Water Quality Implementing Agreement
SECTION A - Use for all permits covered by this application. Be sure to ALSO complete Section C (Signature Block) for all permit applications.
1. APPLICANT
Port Ludlow Associates, LLC/Trendwest Resorts
Attention: Mark DorseylWayne Helm
MAILING ADDRESS
70 Breaker Lane, Port Ludlow WA 98365/9805 Willows Road NE, Redmond WA 98052
WORK PHONE E-MAIL ADDRESS
360.437.2101/425.498.2688
MDorse ortludlowassociates.com
wayne.helm@cendant-trg.com
If an agent is acting for the applicant during the permit process, complete #2. Be sure agent signs Section C (Signature Block) for all permit
applications
HOME PHONE
FAX #
360.437.2522
425.498.3062
2. AUTHORIZED AGENT
Nicole Faghin, ReidMiddleton Inc.
MAILING ADDRESS
728 134thStreet SE, Suite 200 Everett, WA98204
WORK PHONE
425.741.3800
E.MAIL ADDRESS
nfaghin@reidmidd.com
HOME PHONE
FAX #
425.741.3900
3. RELATIONSHIP OF APPLICANT TO PROPERTY: IRI bWNER 0 PURCHASER 0 LESSEE 0 OTHER:
. NAME, ADDRESS, AND PHONE NUMBER OF PROPERTY OWNER(S). IF OTHER THAN APPLICANT:
(See above)
5, LOCATION (STREET ADDRESS, INCLUDING CITY, COUNTY AND ZIP COD&;WHEREPROPOSED ACTNlTY EXISTS OR WILL OCCUR)
Paradise Bay Road at Breaker Lane (extended)
Port Ludlow, WA 98365
LOCAL GOVERNMENT WIT,,! JURISDICTION (CITY OR COUNTY) Jefferson County
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JARPA, Revised 7/02 Contact the State of Washington Office of Permit Assistance for latest version, 360/407-7037 or 800/917-0043
1
WATERBODY YOU ARE WORKING IN TRIBUTARY OF
Port Ludlow Bay . Puget Sound
IS THIS WATERBODY ON THE 303(d) LIST? YES D r&I
IF YES. WHAT PARAMETER(S)?
htto://www.ecv.wa.gov/programslwo/linkslimpairedwtrs.htmlwEBSlTE FOR 303d
LIST
e
WRIA#
WRIA #17
% SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT
17 28 N 1 E,
'.WM'-
SHORELINE DESIGNATION
Urban
LATITUDE & LONGITUDE:
ZONING DESIGNATION
Port Ludlow Master Planned Resort
Lat.
Long.
TAX PARCEL NO:
968800102
DNR STREAM TYPE. IF KNOWN
Type 5
6, DESCRIBE THE CURRENT USE OF THE PROPERTY. AND STRUCTURES EXISTING ON THE PROPERTY. HAVE YOU COMPLETED ANY PORTION OF THE PROPOSI;O ACTNITY ON THIS
PROPERTY? YES 00 NO FOR ANY PORTION OF THE PROPOSED ACTNITY ALREADY COMPLETED ON THIS PROPERTY, INDICATE MONTH AND YEAR OF COMPLETION.
The site is currently undeveloped; the site was a former commercial log dump facility owned and operated by the Pope &
Talbot Company for over 100 years.
Ludlow Cove Division 1 (17 single-family dwellings) borders the project site to the north and east. Paradise Bay Road
borders the project site on the west.
IS THE PROPERTY AGRICULTURAL lAND? DYES OONO
ARE YOU A USDA PROGRAM PARTICIPANT? DYES OONO
a. DESCRIBE THE PROPOSED WORK THAT NEEDS AQUATIC PERMITS: COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR All WORK WATERWARO OF THE ORDINARY
HIGH WATER MARK OR LINE, INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPL YlNG FOR A SHORECINE PERMIT, DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE
OROINARY HIGH WATER MARK. IF YOU HAVE PROVIDED ATTACHED MATERIALS TO DESCRIBE YOUR PROJECT. YOU STILL MUST SUMMARIZE THE PROPOSED WORK HERE. ATTACH
A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. .
Ludlow Cove Division 2 will encompasses six residential timeshare buildings, one receptionlrecreation building, a private
road system, recreational amenities including a private swimming pool, outdoor barbecues, spas, and public. and private
trails. The proposed project will be served by public water and sanitary sewer systems, and a storm drainage system. An
existing wetland and Type 5 stream, together with their associated buffers, will be located in a native growth protection
easement, the boundaries of which were established as part of the LudlowCove Division 1 platting process. No work is
proposed below the Ordinary High Water (OHW) mark of Port Ludlow Bay.
Vehicular access to the new development will be provided via anew private road off Paradise Bay Road.
Residential development is a .primary use" within the Urban shoreline environment.
A site plan, storm drainage plan, water and sewer plan, landscaping plan and building el~tions~ar.e..attached tQ.1tLis...~_".
. . 'f"c"" ff'; l.' r~".
application., .\ I f'll e E ! ,,\'
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PREPARATION OF DRAWINGS: SEE $AMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUAUTYdE'PROOOClBLE DRAWINGS,
M1lli BE A TTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE. BUT THESE DD NOl1Sg~mUIUOR "QRA..YVJ!L~JlIE- ~S;Of..' I
ENGINEERS AND COAST GI)ARD REQUIRE DRAWINGS ON 11-1/2 X 11/NCH SHEETS. LARGER DRAWINGS MAY BE REQUIRED BY ornER AGENCIES.
7b. . DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE. PLEASE EXPlAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED
THE DESIGN.
The proposed project is construction of a 120-unit residential development on a 14.66-acre site known as Ludlow Cove
Division 2.
Ludlow Cove Division 2 will encompasses six residential buildings, one reception/recreation building, a private road system,
recreational amenities including a private swimming pool, outdoor barbecues, spas, and public and private trails. The
JARPA, Revised 7/02 Contact the State of Washington Office of Penn it Assistance for latest version, 360/407-7037 or 800/917-0043 2
, proposea project will be served by public water and sanitary sewer systems, and a storm drainage system. An existing
etland and Type 5 stream, tOgether.' their associated buffers, will be located.'n a Native Growth Protection
Easement, the boundaries of which Ii.. established as part of the Ludlow Cove sion 1 platting process. It is anticipated
all work will be completed in one construction phase, however individual buildings may be completed and occupied
sequentially.
No work is proposed below the Ordinary High Water (OHW) mark of Port Ludlow Bay.
7e. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE, WATER QUAlfTY. WATER SUPPlY.
RECREATION. and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID. MINIMIZE, AND MITIGATE DETRIMENTAL IMPACTS. AND PROVIDE PROPER PROTECTION OF FISH AND
AQUATIC LIFE. IDENTIFY WHICH GUIDANCE DOCUMENTS YOU HAVE USED. ATTACH A SEPARATE _~H~~ IF ~~!I~_sp~CE~ N~!!-'=Q,_~"~__
The proposed project will not impact Port Ludlow Bay. No work is proposed below the Ordinary High Water (OHW) mark of
Port Ludlow Bay.
7d. FOR IN WATER CONSTRUCTION WORK. WILL YOUR PROJECT BE IN COMPliANCE WITH THE STATE OF WASHINGTON WATER QUALITY STANDARDS FOR TURBIDITY
WAC 173.201A-110? 0 YES 0 NO (SEE USEFUL DEFINITIONS AND INSTRUCTIONS) No in-water work is proposed.
8. WILL THE PROJECT BE CONSTRUCTED IN STAGES?
o YES I&JNO
PROPOSED STARTING DAle: Fall 2006
ESTIMATED DURATION OF ACTNITY: 18 months
9. CHECK IF ANY TEMPORARY OR PERMANENT STRUCTURES Will BE PLACED: Nt A
o WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS; AND/OR
OWATERWARD OF MEAN HIGHER HIGH WATER LINE IN TIDAL WATERS
10. WILL FILL MATERIAL (ROCK. FlU, BULKHEAD, OR OTHER MATERIAL) BE PLACED: No
o WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS?
o WATERWARDOF THE MEAN HIGHER HIGH WATER FORTIOAl WATERS?
IF YES. VOLUME (CUBIC YAROS) IAREA (ACRES
IF YES; VOLUME (CUBIC YAROS) AREA (ACRES)
11. WILL MATERIAL BE PLACED IN WETLANDS?
IF YES:
No
OYES I&JNO
A. IMPACTED AREA IN ACRES:
,.:~
~ .
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B. HAS A DeliNEATION BEEN COMPLETED? IF YES. PLEASE SUBMIT WITH APPLICATION.
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JUN - 8 2006 I ,.;'
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F. L1STALL SOIL SERIES (TYPE OF SOIL) LOCATED AT THE PROJECT SITE, & INDICATE IF THEY ARE ON THE COUNTY'S LIST OF ~IC SOILS. SOILS INfORMATION CAN BE OBTAINED
FROM THE NATURAl RESOURCES CONSERVATION SERVICE (NRCS): ' ,i, n I
G. WILL PROPOSED ACTNITY CAUSE FLOODING OR DRAINING OF WETLANDS? ' . ' ,_,,,__,__ ,. w.o" '-"~-'O-YES-u-D1'IO
IF YES. IMPACTED AREA IS _ ACRES OFDRAINED WETLANDS.
C. HAS A WETlAND REPORT BEEN PREPARED? IF YES. PLEASE SUBMIT WITH APPLICATION.
D. TYPE AND COMPOSITION OF Fill MATERIAL (E.G.. SAND. ETC.):
, t
E. MATERIAL SOURCE:
NOTE: If your project will impact greater than % of an acre of wetland, submit a mitigation plan to the COIps and Ecology for approval along with the JARPA foon
,NOTE: a 401 waler quality cerlificalion will be required from ECology in addition to an approved mitigation plan if your project impacts wetlands that are: a) greater than ~ aae in size, or
b) tidat weUands or wetlands adjacent to tidal water. Please submit the JARPA fotm and rrii/igiltion plan to Eco/pgy for Iln individual 401cetlification if a) or b) applies.
12. STORMWATERCOMPLIANCE FOR NATIONWIDE PERMITS ONLY: N/A
THIS PROJECT IS (OR WILL BE) DESIGNED TO MEET ECOLOGY'S. MOST CURRENT STORMWA TER MANUAL. OR AN ECOLOGYAPPROVEDLOCAL STORMy!::A T~RM~f!AJ,.. '(f'S 0 NO
f ",_ ','- .' ~
IF YES - WHICH MANUAL WILL YOUR PROJECT BE DESIGNED. TO MEET
If NO - FOR CLEAN WA TER ACT SECTION 401 AND 404 PERMITS ONLY - PLEASE SUBMITTO ECOLOGY FOR APPROVAL. ALONG WITH THIS JARPA APPt..fCAfiON.iSod.JMtNTliTI6NiHA T
JARPA, Revised 7/02 Contact the State of Washington Office of Permit Assistance for latest version, 360/407-7037 or 800l9f7~Q()43
3
DEMONSTRATES THE STORMWATER RUNOFF FROM YOUR PROJECT OR ACTIVITY WILL COMPI. Y WITH THE WATER QUAUTY STANDARDS, WAC 173.201(A)
e e
13. WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETlANDS? No
IF YES:
A. VOLUME: (CUBIC YARDS) /AREA (ACRES)
B. COMPOSITION OF MATERiAl TO BE REMOVED:
o YES I&JNO
C. DISPOSAL SITE FOR EXCAVATED MATERIAL:
-- ---O:-MEmOD-QroREDGING:
14. HAS THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BEEN COMPLETED? YES I&JNO
SEPA LEAD AGENCY: Jefferson County SEPA DECISION: DNS, MONS, EIS. ADOPTION, EXEMPTION DECISION DATE (END OF COMMENT PERIOD): Pending
SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION
15. LIST OTHER APPLICATIONS, APPROVALS. OR CERTIFICATIONS FROM OTHER FEDERAl, STATE OR LOCAL AGENCIES FOR ANY STRUCTURES, CONSTRUCTION. DISCHARGES. OR OTHER
CTMTIES DESCRIBED IN THE APPliCATION (I.E.. PRELIMINARY PLAT APPROVAl, HEALTH DISTRICT APPROVAL. BUILDING PERMIT, SEPA REVIEW. FEDERAL ENERGY REGULATORY
COMMISSION LICENSE (FERC), FOREST PRACTICES APPLICATION, ETC.) AlSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE AlL EXISTING WORK ON DRAWINGS.
NOTE: FOR USE WITH CORPS NATIONWIDE PERMITS. IDENTIFY WHETHER YOUR PROJECT HAS OR WILL NEED AN NPDES PERMIT FOR DISCHARGING WASTEWATER AND/OR STORMWATER.
TYPE OF APPROVAL
ISSUING AGENCY
IDENTIFICATION
NO.
DATE OF APPLICATION
DATE APPROVED COMPLETED?
Building Permit
Construction. Plan Approval
Hydraulic Project Approval
SSDP - Primary UselType A Permit
Jefferson County
Jefferson County
W A State DFW
Jefferson County
June. 2005
June, 2005
Not yet filed
June 7, 2006
16, HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY YOU'RE APPLYING FOR OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED
HEREIN? 0 YES xNO IF YES. EXPLAIN:
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PIt 425141-J8IIO
eFFERSON COUNTY 4ft
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
36G-379-4450 www.co.iefferson.wa.us!commdevelopmentl
RECOMMENDATION TO
JEFFERSON COUNTY ItEAlUNG EXAMINER
And
MITIGATED DETERMINATION OF NON-SIGNIFICANCE
PROPOSAL NAME:
Ludlow Cove Division 2
PROPOSAL DESCRIPTION:
A 120-unit time-share multi-family residential
development situated on 14.66 acres within the Port
Ludlow MFR.
REQUIRED APPROVALS:
Binding Site Plan/Condominium Subdivision
Shoreline Substantial Development Permit
SBPA Threshold Determination
PERMIT CASE #'5:
SUB95-00003 (original subdivision case)
ZON95-OOOO1 (original Conditional Use zoning case)
SUB05-00004
SDP05...00002
MLA05-00029
MLll #:
APPLICANT:
Port Ludlow Associates
REPRESENTATIVE:
Mark Dorsey, Project Manager
SEPA DECISION:
Mitigated Determination oflfon-SigxUftcance
RECOMMENDATION
TO HEARING EXlUVlIl'iEa:
Approve with Conditions
Application Date:
Notice of Application Date:
J.anuary 18, 2005; Re~sed May 9,2005 ~
February 2,2005, Revised May II, 2005 and June I,
2005
July 27,2005
SEPA MDNS Notice Date:
SEPA APPEAL DEADLINE:
August 9, 2005
lOG ITEM
~~
Page_I _ of...Q!{
Jefferson County ~artment of Community Developmen'-
Ludlow Cove Division 2
July 26, 2005
Public Bearing Date:
August 16, 2005 at 1:30pm in Jefferson County
Superior Courtroom, Jefferson County Courthouse
Ua SEJlA appeal is filed, the appe~ he~g.vrill be c:oIlSQ.lid~tElclnVlTjtl:1 tlu~ P@1ic~He_<Uing"scheduled on.the___ "
n__nnaatenoted-atXWe-:-n ". "....~ -
PROPOSED FINDINGS AND CONCLUSIONS
PART I BACKGROUND INFORMATION
1. Legal Description. Parcel Number 968 800 102 Ludlow Cove Division I, Phase
I, Tract E in Section 17, Township 28, Range 01 East, WM; Located on Paradise Bay Road,
Port Ludlow, WA 98365.
2. Prior Related Project. The current project, Ludlow Cove Division 2, is the
second phase of the Ludlow Cove project approved August 2, 2002. The original Ludlow
Cove project included subdivision approval to create 24 single family lots, variance
approvals to reduce the widths of the private access road easements, and a conditional
use approval for future multifamily development on parcels then designated as "Tracts A
and B."
3. The conditional use approval for Ludlow Cove noted that the future multifamily
project phase would require separate SEPA review (phased review). In addition, the
conditional use approval called out the specific site development standards to be used in
review of the site plan and building permits for the future multifamily project. A three
year time limitation for submittal of a SEPA application was established, with an
additional year granted for submittal of complete building permit applications. (See
condition number 65 in the Hearing Examiner decision for Ludlow Cove, File no. SUB95-
0003, dated August 2,2002).
4. The site development standards established in the prior approval can be found in
Section 7'ofthe'applicableZoning Code, ordinance 09-0801-94, at section 7.40. 1. a, b, 'c,
d, and e.
5. The original Ludlow Cove project was submitted and substantially c()mpleteon
January 19, 1995~The project vested to the land use rules and development standards in
effect on the'date the application was submitted. The multifamily component of Ludlow
Cove, i.e., this project - Ludlow Cove Division 2, Was conditionally CiPproved, subject to
future SEPA review. Certain SEP A and Shoreline permit conditionstelated to the
original Ludlow Cove approval also apply to Ludlow Cove Division 2.
6. Site improvements and infrastructure for Ludlow Cove Division 1 are complete,
including a partial traiJ and bridge for the require9 beachfront public access .at Picnic
Point. The Division 1 project has been revised to include only seventeen homes. Seven
homes in the first phase of Division 1 are currently under construction;
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-00004, SDP05-00002
Page 2 of 24
Jefferson County Dep~ent of Community Development e
Ludlow Cove Division 2
July 26, 2005
7. The entire Ludlow Cove project, Division 1 and this Division 2 proposal, are
projects anticipated as part of the build out of the Port Ludlow Master Planned Resort
community. The Development Program was reviewed in a 1993 Environmental Impact
Statement that established many mitigation requirements for the entire buildout. Am~ng
thos{n"equtrernants were co:rtServancysel:"asfcres~wate:r quaIity cirid groundwater
resource monitoring, and shoreline public access points. Even though the Port Ludlow
Marina was established as the primary public access point for the MPR, 'the Ludlow Cove
project was also required to provide public access to the Picnic Point beachfront. The
Division I buildout has partially completed this public access, as noted above.
8. Other Required Permits and Approvals. In addition to the Binding Site
Plan/Condominium Subdivision approval and Shoreline Substantial Development permit
that constitute the current application, the project will require Building Permits and a
Construction Approval Plan approved by the County Public Works department.
Hydraulic Project Approval (HPA permit) is required for discharge of storm water from
the drainage and water quality treatment system. The existing NPDES permit (National
Pollutant Discharge Elimination System) from the State Department of Ecology for
Ludlow Cove covers all of Ludlow Cove, Division 1 and Division 2.
9. Applicable Codes. The following Jefferson County codes and regulations apply:
a. Jefferson County Subdivision Ordinance #04-0526-92
b. Port Ludlow Interim Urban Growth Areas Ordinance #01-0117-95
c. JeffersonCounty Hearing Examiner ordinance #1-0318-91
d. Shoreline Management Master Program adopted March 7, 1989
e. State Environmental Policy Act Implementing Ordinance
f. Jefferson County Critical Areas ordinance #05-0509-94
g. Jefferson County Zoning Code #09-0801-94
PART n LOCATION AND SITE DESCRIPTION
10. Ludlow Cove Division 2 is located between Paradise Bay Road and Port Ludlow
,."Bay, appro~Cl.tely 1000 feet south of the intersection of Paradise Bay_Road and Oak Bay
Road. Access to the site is directly across Paradise Bay Road from Breaker Lane, which
provides access to the Village Commercial Center. The site is recorded as Future
Development Tract Eofthe plat of Ludlow Cove Division I, Phase I. Tract E comprises
the parcels formerly shown as Tracts A and B in the approved preliminary plat of Ludlow
Cove. The property encompasses 14.66 acres, or approximately 638,590 square feet.
The site is located on the north shore of Ludlow Cove at the west end of Port Ludlow Bay.
This area of Ludlow Cove has commonly been called the "log dump" by Port Ludlow
residents.
II. The site is currently zoned for single family residential development accordiIlg. to
the MPR Code, ordinance #08-1004-99, but was zoned G-I for General Use when the
original. Ludlow Cove proposal waS submitted. Multifamily de,reloptnent required
Conditional Use approval under G-I'zoning. (See above for description of prior related
project and the Conditional Use approval granted as part of the original Ludlow. Cove
decision). At the time of project vesting, the site was located within the Port Ludlow
Staff report and recommendation/MDNS Page 3 of 24
Ludlow Cove Division 2
SUB05-QOO04, SDP05-00002
Jefferson County _artment of Community Developmente
Ludlow Cove Division 2
July 26, 2005
Interim UGA and designated in the Comprehensive Plan for multifamily development
with a maximum density of 16 dwelling units per acre. The site is designated Urban
under the Jefferson County Shoreline Master Program.
12. A Class n wetland of just over one acre is located on the north part of the site
(Wetland 1). A small steam runs partially in a drainage ditch from west to east along the
edge of Wetland 1 and discharges into Ludlow Cove. This stream was reported as a
Type 3 stream when Ludlow Cove was originally reviewed even though the proponent
submitted studies classifying the stream as a Type 5 stream. To resolve the conflict
between Type 3 and Type 5 buffers, a system of buffer averaging was approved by the
County in consultation with the Washington Department of Fish and Wildlife that met the
requirements for a Type 3 stream. The wetland, stream, and buffer areas for the project
were established as part of the original Ludlow Cove approval and were recorded with
the final plat of Ludlow Cove Division 1. On the current plans the stream is shown as a
Type 5 stream, but is subject to the recorded buffer requirements.
13. The upland areas of the site slope from north to south toward the shoreline. The
area of the site proposed for development, the central and south portions, slope gently
(2% to 7% slopes). The area of Wetland 1 and the Type 5 stream slope more steeply
(about a 16% slope). Along the water's edge, the property drops steeply, with vertical
relief ranging from three to twenty feet. The developable area of the site excludes
Wetland 1, the stream and the associated buffers, which are preserved in a Native
Growth Protection Easement. Total developable area measured from the line of ordinary
high waterto the NGPE or Paradise Bay Road is approximately 554, 385 square feet.
PART IU THE PROPOSAL
14. The Ludlow Cove Division 2 proposal would develop a 120-unit time-share
multifamily residential project on 14.66 acres situated within the Port Ludlow MaSter
Planned Resort urban growth area in Jefferson County. The proposed project would
include six multifamily time-share residential buildings, one reception/recreation
builam~t, - a. private road system, recreational amenities such as a private swiminingpool,
barbeques, spas, and public and private trails. The project will be served by public
water and sewer systems provided by Olympic Water and Sewer, Inc. A storm drainage
system for water quality mitigation will be constructed. A single access road serves the
site off of Paradise Bay Road across from Breaker Lane. Public . access to the waterfront
will be provided by a trail across the property from Paradise Bay Road to the Picnic Point
area, as required in the prior approval. The wetland and stream areas, . along with their
associated buffers, are located in a Native Growth Protection Easement. The Habitat
Management Plan developed.as part of the original approval describes a Wetland Buffer
Enhancement Plan that will be completed as part of Division 2. Shoreline revegetation
will also be done according to a Landscape Plan required as part of the original
approval. No work is proposed below the ordinary high water mark of Port Ludlow Bay.
15. Revisions to Project. The project as originally applied for would have created
seven separate parcels. In addition, a variance proposal to reduce the width of the
private access road was included. Following review of the initial application, the Public
Staff report and recommendation/MDNS
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Jefferson County DepAent of Community Development e
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July 26, 2005
Works department concluded that the variance for road width was not necessary. On
May 9, 2005, the applicant revised the application to eliminate the request for variance
and to reduce the number of proposed lots from seven to four. The revised site plan also
deleted a proposed trail along the waterfront because the location was found to be
iufeasible--due-nrthe"steep"banlt-1Uta:-muctdy shoreline-=---~ ----------~------- .
16. The four lot proposal reflects a phasing plan for construction of the seven
buildings. The fIrst phase will contain only the recreation building (building 7)and four
parking spaces. Phase 2 includes buildings 1 and 2 and the associated parking. Phase 3
contains buildings 3 and 4 and associated parking, and phase 4 contains the last two
buildings (5 and 6) and their parking.
PART IV NOTICE AND COMMENT
17. Notice. Notice of the proposal was published on February 2,2005. Notice of the
revised project was originally published on May II, 2005. A second revised notice to
correct errors in the May 11 publication and to clarify what changes had been made to
the application was published on June I, 2005.
18. Public Comment. Public comment was received under the February, May, and
June 2005 comment periods. The following issues and concerns were presented:
a. Browne, Bill and Beverly: supporting the proposal and noting positive impacts
on tax base and community businesses and amenities..
b. Cloutier, Harry: opposing project and expressing concern over impact on
character of the community, traffic, parking, sewer and water capacity, fire
and emergency services, and demand for recreational and commercial
amenities.
c. Cooke, Bill and Luanna: concern over transient nature of Trendwest residents;
increased traffic; water and sewer capacity; potential changes to character of
the community; adequacy of environmental review.
d. Hale, Lewis: asserting use is commercial not residential; asserting MPR code
controls anc!.a It1.aj9.~_r~~i<?n to resort plan is required..
e. Hayden, Michael and Nancy: site should be left in natural state to protect the
Bay; money will not remain in community because there is a lack of services
and retail in community.
f. Herring, Doug: Noting economic benefits of the proposal.
g. Hupp,.Gregory: preferring standard condominium use and stating that
timeshare use is like a commercial hotel.
h. Jester, Mal and Fran: concern over water and sewer capacity; financial issues
related to time-share developments; parking, traffic, demand for amenities;
multifamily use in area currently zoned for single family development.
i. Kaysinger,Gary and Susan: opposing project and challenging compliance
with MPRregulations, zoning ordinance; Sl1pporting issues raised by Mr.
Powers including lack of benefits tocommuni'ty, lack of amenities; expre~sing
general concern about County permit processes.
j. Lawson, Larry: regarding SEPAprocesses;public process.
Staff report and recommendation/MDNS
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k. Loomis, Bert: raising question of commercial nature of project, vesting, traffic
impacts, compliance with MPR Code.
L Oemicben, Brett: questioning commercial nature of use, noise, design
-~------~--~-~~ompatibility. .__~_~__ u__~__.. _~~ ~ ....
m. Pabst, Mary-lee W.: supporting the proposal based on benefits to the
community and overall tax base.
n. Powers, Les: seeking amenities associated with Resort Complex
development; questioning whether elder care housing might be required;
asserting that Trendwest use is a commercial use, not a residential use; raising
estuary and salmon habitat issues; questioning whether site has been
surveyed for archaeological importance; challenging vesting rules including
application of ruGA ordinance #01-0117-95 and Zoning ordinance #09-0801-
94; questioning legality of proposed density; questioning application of
Binding Site Plan/Condominium chapter of subdivision code; asserting MPR
ordinance applies..
o. Schmitz, Bruce: seeking arilenities associated with Resort Complex
development; questioning the application of state vesting law and asserting
the use must be integrated into and support the on-site recreational nature of
the MPR; asserting the Trendwest use is a commercial use not a residential
use; questioning traffic analysis.
p. SmitlJ1 Grant and Nancy: supporting project, noting economic benefits.
q. Thoren, Floyd: concerning public access trail to waterfront and suggesting a
name for the trail (Carl Anderson Trail).
r. Van Zonneveld, John and Elizabeth: concern over vesting, density, visibility of
buildings (visual impact), traffic, parking, general environment, character of
community; questioning legality of time-share use; seeking amenities
associated with Resort Complex development.
19. Agency Comment
a. Jefferson County Department of Public Works: stormwater management, use
of recommendations from the geotechnical report prepared by GeoEngineers
dated March 22, 1995, concurring generally with conclusions of traffic
assessment prepared for the project by Geralyn Reinart,PE, recommending a
pedestrian erosswalk on Paradise Bay Road, recommending a five foot wide
paved, separated pedestrian walkway along southerly side of access road on
the site, recommending two designated 4 foot wide bike lanes on the access
road, determining a secondary access road is not required, and noting
general conditions for approval.
b. Jefferson County Sheriff: noting impacts on sheriff's office staffing from
increased population.
c. Jefferson County Assessor1s Office (Sherrie Shold): no comments until or
unless a Condominium Declaration is filed.
d. Fire Marsha} (port Townsend Fire Depcy1ment): reiterating requirement for
20 foot wide travel lanes for emergency access, noting requirements for
turning radii and turnarounds.
e. Fire District #3: seeking mitigation fees pursuant to SEPA and Subdivision
approval.
Staff report and recommendation/MDNS
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SUB05-00004, SDP05-00002
Page 6 of 24
Jefferson County DepA,ent of Community Development e
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July 26, 2005
f. Chimacum School District (per telephone message to Michelle Farfan as
noted in letter to Wayne Helm dated 12/1/2004): a school impact fee of 437.10
per lot would be charged.
g. Olympic Water and Sewer, Inc.: confirming that domestic water and sewer
,. ,-~ '--~.hookups SnfGciellt fur the-120dwellingunil projeCfaraavailable.
h. Port Ludlow Drainage District: regarding stormwater management;
applicable codes; environmental checklist; required NPDES permit and
Hydraulic Project Approval; geotechnical review; technical plan sheet review.
i. City of Port Townsend: regarding public access and use of native plant
materials in shoreline landscaping.
j. State Department of Ecology: noting that if use is commercial it would
require Shoreline Conditional Use approval; stating that project is on a
shoreline of statewide significance; emphasizing importance of public access
and stating that waterfront trails should be open to the general public and
connected to the overall trail system; recommending public parking, signage,
and shoreline trail landscaping be considered; also including standard
comments for cleanup of toxic materials, should any be encountered, and
erosion and water quality protection.
PART V LAND USE CONSISTENCY REVIEW
20. Consistency Review. Project review requires that all code standards be met or
that a project be modified or conditioned to meet applicable standards before permits
can be approved and issued. For Ludlow Cove Division 2 the code standards of
ordinance #09-0801-94, section 7.40. I (a)-(e) apply, as do requirements of the interim
critical areas ordinance, the shoreline master program, and the subdivision standards.
The critical areas standards will be addressed as part of this section along with land use
and zoning code issues. This part includes a response to many questions raised in the
public co~ent letters including questions about vesting and whether the expected
time-share ownership ofthe project meets the applicable definition for residential use.
Consistency with shoreline permit standards is addressed in Part VI and With subdivision
standards for the binding. site plan in Part VII.
21. Vesting. State law provides that a project vests to the land use controls that are
in effect on the date a complete building permit or preliminary plat application is
submitted. A complete application for the Ludlow Cove project was submitted on
January 19, 1996. The project was approved on August 2, 2002 and included Conditional
Use approval for the current multifamily project. A three year time limit for submittal of
plans and commencement of environmental review for the multifamily project was
established. The current project has met that timeline. Citizen comments noted that the
Interim Urban Growth Area (IUGA) ordinance that the project vested to was appealed
and later invalidated. (The IUGA ordinance established a Multifamily designation for the
site with a 16 units per acre densitY maximum.) Even though the IUGA ordinance was
invalidated.before.the Ludlow Cove project was approved, the-project remains vested.
This is based on state law, which provides that comprehensive plans and development
regulations are presumed valid when they are adopted, (see RCW 36.70A.320) and that
Staff report and recommendation/MDNS
Ludlow Cove Division 2
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Page 7 of 24
Jefferson County _artment of Community Developmente
Ludlow Cove Division 2
July 26, 2005
determinations of invalidity are prospective only RCW 36.70A302). Thus, the project's
vesting was not affected even though the JUGA ordinance was overturned.
~c~.~~.~~__~22.,__ Beca1lse oLthevesting-mleSythe.CURentMPRCode and single family-zonin~t--
applicable to Ludlow Cove. In addition, new ordinances such as updates to critical area
regulations or updated storm and surface water manuals do not apply. Even the
Development Agreement for the entire Port Ludlow community, to the degree it
establishes new development regulations, cannot extinguish vested rights without a
detailed and express waiver of such development rights.
23. Time-share Ownership. The applicable zoning ordinance (#09-0801-94) does
not specifically address time-share ownership. Multifamily Residential Development is
defined as follows at section 3.10.69:
Developments containing structures housing two (2) or more residential dwelling
units. Multifamily residential developments are those that are designed and
intended for residential occupancy in multifamily structures regardless of the
type' of building or ownership in which such use occurs. Examples include, but
are not limited to : townhouses, duplexes, multiplexes, condominiums, apartment
houses, boarding houses, and lodging houses. Accessory dwelling units, i.e.
mother-in-law and accessory apartments, shall not be considered multi-family
residences.
24. Commercial Use, General, is defined at section 3.10.21 as follows:
An activity that provides merchandise .or services for the consumption of the
community at large through retail and/or wholesale outlets, including but not
limited to retail shopping, business and professional services, and transient
accommodations. For example: bakeries, banks,hardware stores,. offices,
restaurants, theaters, vehicle sales and repairs, and veterinary hospitals.
25. Transient Accommodations is defined at section 3.10.94 as follows:
A building or group of buildings in which lodging or lodging and meals are
provided for transient guests for compensation. Transient accommodations
include but are not limited to cabins, resorts, hotels, motels, hostels, and
campgrounds. For the purposes of this Ordinance, transient shall be defined as
being not more than 30 consecutive days' duration.
26. The Jefferson County Shoreline Master Program does not define multifamily use,
but does define Commercial at section 2.25 of the Master Program, as follows:
Uses and facilities that are involved in wholesale or retail trade or business
activities.
27. The noted definitions reveal a distinction between accommodations for business
purposes and accommodations of a standard residential type. Business activities,
.' excepting incidental retail or service activities, will not occur at the project site. Thus,
under the Shoreline code definition, the proposal would not be considered
"commercial. II
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-00004, SDP05-00002
Page 8 of 24
Jefferson County Dep~ent of Community Development e
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July 26, 2005
28. Under the zoning code definition, transient accommodations are distinguished
not just by length of stay, but by the fact that the accommodations are available for hire
(for compensation). The proposal will not have rooms generally available for rent as
would a hotel, motel, or standard resort. Nor will the facility be subject to the County
hotellIuoteltax;---- ._,~~, ---,~,-~-,-- ...,----,
29. Because the development operates through ownership interests: no direct outlay
of money is required for a member to use the residential facilities. This membership
interest is a personal property interest, but establishes ownership in an Association that
holds the fee ownership interest. The resulting property interest is different from the
contractual interest one acquires when renting a room for a night in a hotel.
30. The County views timeshare ownership facilities as being "in between" a
standard residential use and a purely commercial use. The facility, however, is more like
a regular multifamily use than a commercial use. In deciding this question, the County
relies strongly on the definition of multifamily residential development. As shown above,
the applicable definition specifically excludes the question of ownership. Thus, the
County has concluded the proposed development qualifies as a multifamily residential
development.
31. Resort Amenities and other MPR Code Requirements; Eldercare. Because the
project is vested to a prior code, the MPR Code does not apply. Amenities associated
with future development of the Resort zone (the Resort Complex! Community Facilities
zone which includes the marina, Inn at Port Ludlow, restaurant, and other facilities) are
not tied to or triggered by development in the general Port Ludlow community. In
addition, the resort complex amenities reflect a range of permitted uses. The uses are
not specifically required merely by virtue of being listed as "permitted" in the MPR
code. Similarly, the idea of an eldercare facility in the Port Ludlow community is a
permitted use, but is not a requirement.
32. Critical Area Standards: Ordinance 05-0509-94. The applicant has not asked for
any variation or deviation from standard application of the Interim Critical Area
Ordinance (ICAO). The ICAO Was reviewed and applied to the original Ludlow Cove
project and a set of conditions based on the terms and standards of the ICAO were
developed for the original project. Some .of those conditions also covered and were
meant to apply to the current Division 2 proposal.
33. The prior approval for Ludlow Cove established requirements for wetland and
stream buffers and for a Habitat Management Plan and Landscape Plan that also apply to
the current project. The HMP was prepared by GeoEngineers in 2003 and approved by
Jefferson County and the Washington Department of Fish andWildlife..A Landscape:Plan
consistent with the HMP has also been prepared. The plan makes use of native plants in
wetland buffers and' along the shoreline in areas that will be enhanced.
34. Upon review of the current proposal, the Department has determined that
compliance with the ICAO and prior conditions appropriately addresses critical area
protection issues. Although a simple statement that the project must comply with the
Staff report and recommendation/MONS
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SUB05~4,SDP05~OO2
Page 9 of 24
Jefferson County ~artment of Community Development e
Ludlow Cove Division 2
July 26, 2005
ICAO would satisfy technical compliance review, the Department has developed a set of
recommended conditions that restate the original conditions and will ensure that
important requirements are not overlooked. These recommended conditions to
,-~~-4mplementthe.IGAO'are-set-fo-:rth-ill-"PartX and-are-identifiedasfeA()"condittons:
35. Multifamily site development standards: 7.40.1(a)-(e). Section 7.40. 1 (a)-(e) of
the applicable zoning ordinance provides site development standards tor multifamily
residential development as follows:
a. PARKING LOT DESIGN: All parking lots for multifamily residential
developments shall contain four (4) or more parking spaces designed and
shown in plan form with the following elements: proposed and existing
structures, traffic circulation, adjoining streets, drainage,lighting,
landscaping, fencing, and screening. The plan shall be incorporated as part
of the project and site plan submittal.
b. ACCESS DESIGN: All ingress and egress to a parking lot containing four (4) or
more parking spaces shall be developed so vehicles entering and leaving the
parking lot are headed in a forward motion.
c. SECURITY LIGHTING: Lighting fixtures shall be designed and hooded to
prevent the light source from being directly visible from outside the
boundaries of the property. The intensity or brightness of all security lighting
shall not adversely affect the use of surrounding properties or adjacent rights-
of-way.
d. SETBACK STANDARDS: In addition to the requirements of Section 12.00 of this
Ordinance, all multifamily developments shall conform with the following
minimum setback standards:
i. Rear lot line: twenty feet (20')
n. Side lot lines: each side setback should be no less than five feet
(5'); the sum of the side setbacks should be at least fifteen feet (IS'
e. OPEN SPACE: Open space equal to fifty percent (50%) of total gross living
area shall be devoted to landscaping and/or outdoor recreational facilities.
Driveways, loading areas, maneuvering space and parking stalls shall not be
considered part of this required space. This open space shall not be covered
with impermeable surfaces except for tennis courts, swimming pools or other
similar uses which require an impermeable surface. Conformance with this
standard shall not be required for conditional uses located within a "C"
zoning district.
36. The plans submitted with the proposal demonstrate compliance with four of the
five design standards, (a), (b), (d), and (e). All parking lots have four or more spaces
with sufficient aisle width to allow vehicles to drive forward when exiting the lot. The
plans display all required elements, including proposed structures (there are no existing
structures), traffic circUlation, adjoining streets, drainage, lighting, landscaping, fencing,
and screening. Setba,cks are dealt with as part of the general bulk and dimensional
standards below.
37; Section 7.40. I (d) establishes special setbacks and also refers to the standards of
Section 12. Section 12 contains the generally applicable bulk and dimensional standards
Stdff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-00004, SDP05-00002
Page 10 of 24
Jefferson County Dep~ent of Community Development e
Ludlow Cove Division 2
July 26, 2005
for each zoning district. Parking standards as provided in section 13 are included below
for zoning code consistency. For the.0-1 zone and multifamily dwellings the following
standards apply, as modified by 7.40.1 (d) for side and rear setbacks. Note that the
standards for the project reflect measurements as applied to the new lots to be created
~ - -'--"---~bythe--bindin9-siteplan:- - ~,.,----~._--- - ~--.~~--------~._--~-_.-
Requirement
a. Lot size: 5000 sq. ft.
b. Lot Width: 70'
c. Front Setback: Phase 1 & 4: 35'
from Paradise Bay Rd;
Phase 2 &3: 20' fro access easement
d. Rear Setback: 20'
e. Side Setback: 5', total 15'
f. Open Space: 50% oftotal gross
living area
g. Building Height: 35'
h. Parking: 1.5 per unit or 180
Project
135,269 sq ft., smallest lot
120' Phase 3 lot, to over 500 feet.
over 150'
25' Bldg 4
30' from shoreline, Blcig 2
Varies from 30' to 100' from rear
(shoreline) lot lines
5' Bldg 3, all totals exceed minimums
Developed area = 7.10 acres;
Permanent open space = 7.56 acres
35' or less all structures
184, allocated per unit per Phase
38. Open space required by section 7.40.1 (e) must equal 50% oftotal gross living
area. The seven buildings proposed for the site have a total gross square footage of
174,624. The required open space is one half this area, or 87,313. The project provides
approximately 260,963 square feet of open area, not including driveways, maneuvering
areas, loading spaces, and parking, and not including the Native Growth Protection
Easement. Thus, the open space requirement is met
39. One element has not been detailed on the plans. The standard for shielding
security lighting, 7.40.1 (c) is a requirement most often seenapplieci to building permit
review. The standard can be met by providing specifications and adetail of the lighting
proposed. The requirement is easily checked during review of building permit plans
prior to building permit issuance. This will beal:ecornrnended condition of approval.
40. The last zoning code issue relates to the 180 required parlcing spaces. This
number assumes that the recreation building (building 7) is accessory to the residential
units in the complex and is not a commercial recreation center. A condition will be
imposed to limit the use of building 7 to accessory recreation unless the binding site
plan approval is formally revised and all development standards and requirements at
the time of the revision are met.
PART VI SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
41. MultifarnUy residential use"is aprirnary use in the urban environment for Jefferson
County. The policies and performance standards of Sections 4.105 Urban Shoreline
Designation, 5.160 Residential, 5.190 Transportation, and 5.20 Utilities, apply to the
proposal. These sections were also applied to the original shoreline permit for Ludlow
Staff report and recommendation/MDNS Page 11 of 24
Ludlow Cove Division 2
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Jefferson County _artment of Community Development e
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July 26, 2005
Cove and resulted in a set of conditions that were applied to the project. Those
conditions related primarily to public access, stonnwater management, and compliance
with the required development standards under the Jefferson County Shoreline Master
.--Program. ...--..-.,...- . .._~~_~_"__.., _m____.._..
42. The Shoreline Master Program sets out a set of development standards that the
project must comply with. These standards include but are not limited to requirements
for parking, landscaping, setbacks, height, preservation of natural features, locations
and limitations on fences and accessory structures. The proposal as submitted meets
these standards and they will not be repeated as conditions of this approval. Similarly,
standards related to general erosion control and stonnwater management will not be
repeated. Instead, a condition will be recommended that requires any change in the
approved plans to be submitted to the Department for review to ensure continuing
compliance with applicable Shoreline and zoning code standards.
43. No new impacts or issues not already covered by the prior shoreline analysis
attach to the current proposal. With the imposition of a similar set of conditions to ensure
the Shoreline Master Program standards are met, no further review for the new shoreline
permit is required. See Part X for shoreline substantial development permit
requirements, identified as SDP conditions.
44. State DOE Letter. The Department received a letter from the state Department
of Ecology dated March 2, 2005 that raised a number of issues that must also be
addressed. The first issue relates to the question of residential use and timeshare
ownership. That issue is presented in Part V, Land Use Consistency. It may be noted
here that the Department of Ecology has no jurisdiction over local code interpretation
and that the DOE letter simply states that if the use were to be considered a commercial
use, a different permit process would apply.
45. The second DOE issue concerns public access to the waterfront. This issue was
also raised in a letter received from the City of Port Townsend. The prior approval for the
original Ludlow Cove project considered the entire site, including the current
development parcel. Public access to Picnic Point was required based on Shoreline
Master Program' and SEPA authority. Those conditions have been partially fuHilled to
da.te as part of the Division l' project. The conditions are reiterated in this project; (see
Part X) which will fulfill the public access requirements imposed on the Ludlow Cove
project.
46. The Department also notes that certain major components of the public access
plan for the entire MPR community were established in the 1993 EIS for the Port Ludlow
Development Program. Those components included public access at the Marina and
Burner Point, signage and maintenance agreements.
47. The DOE letter also stated that the proposal site was located on a shoreline of
statewide significance. All areas of Puget Sound lying seaward from the . line ofeJctreme
low tide are considered shorelines of statewide significance. No part of this project,
however, will occur waterward of the line of extreme low tide, below the ordinary high
Staff report and recommendation/MDNS
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Page 120f 24
Jefferson County DepcA1ent of Community Development e
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July 26, 2005
water mark, or even within the shoreline setback, except the shoreline revegetation
required as part 'of the original approval and shoreline permit.
._ __~,_",~,_'"'-,""__-----'"--'-'c-_,,_"_I-._,_.m'.,...__,_._
PART-VIl '---BINDING-SIT&?II1tN1SUBD1V lSION XNllLYSIS----
48. In order to provide easy access to the vested development regulation, the
provisions of Jefferson County Subdivision Ordinance #04-0526-92 Section 11 are shown
below in full:
CONDOMINIUM DIVISIONS
11.10 Applicability. This section constitutes a "binding site plan process" for divisions
of land into lots or tracts, as permitted by RCW 58.17.040(7), when the improvements to be
constructed thereon will be included in one (I) or more condominiums or owned by an
association or other legal entity in which the owners of units therein, or their owner's associations,
have a membership or other legal or beneficial interest.
11.20 Administration. I. The administrative procedure for review of condominium divisions
containing four (4) or fewer dwelling units shall be the same procedure as described in Section 5,
Subsection 5.20 of this ordinance.
2. The administrative procedure for review of condominium
divisions containing five (5) or more lots or tracts shall be the same procedure as described in
Section 6, Subsection 6.20 ofthis ordinance
11.30 Design
11.30 I General: I. All condominium divisions shall conform with the Jefferson
County Comprehensive Plan and/or applicable community development plan, the provisions of
the Jefferson County Development code, No. 3-89, the provisions of RCW 58.17 including the
adoption of required findings, and the requirements of this ordinance, PROVIDiED, in the even of
a discrepancy between the standards established herein and those contained in any applicable
plan, control, or ordinance, the stricter standards shall apply.
2. The applicant shall demonstrate that the lots or tracts. street
patterns, and configuration of dwelling units proposed are specifically adapted to the uses
anticipated, and take into account other uses in the vicinity.
11.302 Schools and Schoolgrounds.All condominium divisions shall comply with the
school and schoolground provisions of Section 7. Subsection 7.303 of this ordinance.
11.303 Transit/School Bus Stops: Applications for condomirUtim divisions shall be
reviewed to determine whether transit or school bus stops are necessary to promote the public
access to safe and convenient traveL
11.304 Sidewalks. Applications for condominium divisions shall be reviewed in
order that provisions necessary to ensure safe walking conditions for pedestrians, and students
who only walk to and from school, receive adequate consideration. Construction of sidewalks. or
similar planning features may be required for final binding site plan approval.
11.305 Screening and Buffering: I. Screening and buffering areas shall be
established with a minimum width of twenty-five feet (25') along all exterior p~operty lines.
2. Screening and buffering areas shan not contain any constructed facilities, erected or
placed, with the exception of utility lines, fencing, or security po$ts. 3. Screening and buffering
areas shall be left in their natural state, or, if necessary, supplemented by plants.
~ 11.306 Open Space !.and: All condominium divisions shall comply with the op~
/ space requirements of Section 5, Subsection 5.305 of this ordinance, PROVIDED that the minimum
area for open space shall be twenty~five percent (25%) of the total gross area of the condominium
division consistent with the Open Space Standards in Appendix Oof this ordinance.
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SUB05-00004,SDP05-00002
Page 13 of 24
.Jefferson County e>artment of Community Developmene
Ludlow Cove Division 2
July 26, 2005
11.307 State Environmental Policy Act Review: All condominium divisions shall
comply with the environmental review provisions of Section 6, Subsection 6.307 of this ordinance.
11.308 Significant Natural Features: This section does not apply because the project is
subject to SEPA. ,__~~_~_____ .
_____.n. - 11.309' Roads: '---T:-DOes-rtot apply. 2. Condominium divisions consisting of
five (5) or more dwelling units shall comply with the road design requirements described in
Section 6, Subsection 6.308 (should be 6.309) of this ordinance.
11.40 Required Improvements
11.40 I Roads: Roads in Condominium divisions shall comply with Section 5,
Subsection 5.401 of this ordinance.
11.402 Off-Site Traffic Impacts: Condominium divisions shall proceed in
compliance with the off-site traffic impacts provisions of Section 5, Subsection 5.402 of this
ordinance.
11.403 Bridges: Does not apply.
11.404 Signs: Road signs shall be installed in accordance with Jefferson County
standards. Road names shall be approved by the Board, pursuant to recommendation by the
Director of Public Works. Traffic signs and safety devices shall be provided and installed by the
applicant in accordance with the Manual on Uniform Traffic Control Devices.
1.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or
hazard to the use of the roads, property, or facilities within the condominium division, or to
adjacent private or public property shall be installed according to a drainage plan approved by
the Director of Public Works in accordance with County standards. The plan shall show full detail,
including the locations,. lengths, and sizes of culverts, and the method and location of run-off
water disposal.
11.406 Water Supply: Each dwelling site within a condominium division shall be
provided with a water supply in accordance with all applicable State statutes, the rules and
regulations of the Washington State Department of Health, theJefferson County Health
Department, and the Coordinated Water System Plan provisions regarding quantity, quality,
source, source protection, distribution and storage methods and facilities, and treatment and
testing procedures.
11.407 Sewage Disposal: Installation of sewage disposal systems within
condominium divisions shall be incompliance with regulations and standards of the Washington
State Department of Health, the Washington State Department of Ecology, and the County Health
Department, and shall be approved only after a site inspection by the County Health Department.
11.408 Fire Protection: Applicants for condominium divisions shall provide
adequate fire protection in accordance with the Uniform Fire Code and local fire district
recommendations consistent with State law.
11.409 Electric: and Telephone Service: 1. Complete installation of electric and
telephone service is required in condominium divisions. 2. No new condominium division shall
be serviced by overhead utility facilities.
11.410 Surveys: (Technical requirements for survey data and monumentation)
11.50 IItspections. (Technical requirements)
11.60 Surety. (Technical Requirements)
,
49. Adminisfration. Section 11.20 of the' code is ambiguous with regard to whether
a project with more than four dwelling units but only four lots or tracts should be
processed as a full s1.1bdivision or as a short plat. The Department resolved this
ambiguity by requiring the more extensive process as for a full subdivision application.
staff report and recommendation/MONS
LudlowCove Division 2
SUB05-QOOO4, SDP05-00002
Page 14 of 24
Jefferson County DepAent of Community Development e
Ludlow Cove Division t"
July 26. 2005
50. Compliance with the applicable Comprehensive Plan policies was addressed in
the original Ludlow Cove approval which addressed Countywide Growth, Housing and
Residential Development, Utilities and Transportation, and residential densities pursuant
to the Port Ludlow Interim Urban Growth Area ordinance. No further review pursuant to
~--section-ll-;361isre<luited. -~~-,-- n . ..-.----- 'n, ~_m_n
51. Provisions for schools (section 1.302) require payment of a school impact fee of
$437.10 per lot, or $1,748.40, which will be imposed as a condition of approval. Transit
facilities (11.303) are not required; however, sidewalks (section 11.304) or trail
connections will be required to ensure safe walking conditions for pedestrians. In
addition, a change the access road or driveway design is required to accommodate
bicycles.
52. Appropriate screening of more than 25' along all exterior property lines is shown
on the site plans (Section 11.305) and approximately 70 % ofthetotalgross area has
been preserved as open space meeting the requirements of Section 11.306. (Total site
including NGPE equals approximately 638,590 sq. ft, minus approx. 187,881 sq. ft of
building, drives, parking, walkways, equals approx. 450, 700 sq. it of open space).
53. SEPA review has been conducted for the proposal. (Section 11.307)
54. The requirements of section 11.309 require that roads be designed with
appropriate consideration for existing and projected roads, anticipated traffic volumes
and patterns, topographic and drainage conditions, public convenience and safety, and
the proposed uses of the land served. (See 6.309). A traffic study was prepared for the
project and reviewed by the Public Works Department. The Public Works Department
reviewed the study and concurred generally in its conclusions. The Public Works
Department also recommends a change in design for the access road or driveway so that
bicycles can.be accommodated more safely and that a crosswalk across Paradise Bay
Road be funded by the proponent. These :recommendations are found in Part X, at
conditions no. 3 and 28.
55. The applicable section referenced by 11.309 goes on to describe requirements
for public and private roads in full subdivisions. The following section, 11.401, then
requires compliance with section 5.401, which sets out slightly different standards
applicable to short subdivisions. The Department and the Public Works Department
have resolved this inconsistency by reference to standard requirements for all
subdivisions and short plats with regard to roadway design, easements, infrastructure
design and installation, maintenance, road approach permits, road signs and naming,
inspections, surety, and final plat approval. These standard conditions are set forth in
Part X and identified as SUB conditions. Compliance with these conditions satisfies the
requirements of Sections 11.309 and 11.401 for Roads, 11.402 for Off-Site Traffic Impacts,
and 11.404 for Signs.
56. The project includes a stormwater drainage system with water quality treatment
meeting the requirements of the applicable 1994 Stormwater Management Manualfot
the Puget Sound Basin. When construction is complete,' the proponent Will enter into a
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-oooo4. SDP05-'00002
Page 15 of 24
Jefferson County _artment of Community Developmente
Ludlow Cove Division 2
July 26. 2005
Stormwater Management Facility Maintenance Agreement with the Port Ludlow Drainage
District to ensure the facilities are appropriately maintained for the life of the project.
The proposal therefore meets the requirements of section 11.405 for Drainage.
57. Section 11.406 and 11.407 deal with water supply and sewage disposal. The
project will be served by Olympic Water and Sewer, Inc. which has verified that
adequate capacity exists for the 120 unit project. Connection to the Olympic Water and
Sewer service system meets state and local requirements. Provisions for long term
monitoring of water supply and water quality have been made through the 1993 EIS and
prior development approvals.
58. Fire protection as required by section 11.408 is assured by required compliance
with the applicable fire code. In addition, the structures will be fully sprinklered. A fire
protection impact fee was requested by Fire District #3. The fee will be imposed
pursuant to Subdivision and SEPA authority to mitigate impacts generated by the
proposal. This fee is set according to an agreement between the County and the Fire
District at $193 per dwelling unit. Thus a total fee of $23,160 will be required as a
condition of approval. (See Part X, number 9).
59. No overhead utilities will be installed and full electric and telephone service will
be provided, meeting the requirements of section .11.409.
60. The applicable code also provides standards for a range of matters including
addressing, fees, and inspections. Compliance with the applicable codes and standard
policies and practices of the Public Works Department will be required as a condition on
approval for the project.
PART VIII SEPA ANALYSIS
61. Procedure. According to Section 8.10.9 of the applicable. SEP A ordinance, when
the responsible official makes a threshold determination and issues a DNS or MDNS, the
responsible official shall use the "optional DNS process" pursuant to WAC 197-11-355.
This requires an initial assessment, prior to publishing notice of the application, of the
significance of potential project-driven environmental impacts. In addition, the
Departinentmust fully review all comments received during the. comment period.
Following the notice of application comment period, the Department must determine
whether the DNSor MDNS is still appropriate. A determination of significance (a DS
requiring an EnvironmentImpact Statement) must be published iUurther review
indicates the initial assessment was incorrect. For projects that are to be decided by the
County hearing examiner, the notice of the threshold determination shall be issued
concurrently with the notice of public hearing before the Hearing Examiner.
. 62. Incorporation ofp~orenvironmenta1 review>and documents. The folloWing
environmental documents, as modified by this analysis, are incorporated by reference
into this review: ..1993 EIS for the Port Ludlow Development Program; 2002 Final
Modified Mitigated Determination of Non-Significance (FMMDNS) for Ludlow Cove,
SUB95-00003 and its supporting memorandum.
Staff report and recommendation/MDNS Page 16 of24
Ludlow Cove Division 2
SUB05-00004.SDP05-00002
Jefferson County Dep"'ent of Community Development e
Ludlow Cove Division ",
July 26, 2005
63. Conditions and requirements from prior review. The original Ludlow Cove
approval included conditions and requirements for development of Tracts A and B (now
tract E for this proposal). Those conditions related to construction impacts, general site
development, wetland and stream protection, habitat management, drainage, grading
cul.d elosion control~archaeulogiealTesources, and shoreline access~afiyonliepfiof~-~~~n
conditions are code requirements that do not technically need to be duplicated through
SEPA review. For clarity, the code requirements are detailed in Part X as conditions of
approval and identified as ICAO, SUB, or SDP conditions. Certain SEP A conditions related
to the prior approval are also set forth in Part X and identified as SEPA requirements.
64. Impacts Not Covered By Prior Environmental Review. Because the full plans
for development of this site were reserved under the Phased Review approach for
Ludlow Cove, certain impacts could not be analyzed when the project was originally
approved. Those impacts relate to traffic and transportation, aesthetics, and impacts on
utilities and public services.
66. Traffic and Transportation Impacts. A traffic impact analysis was prepared for
Ludlow Cove Division 2 by Geralyn Reinart P.E. in December 2004. The analysis found
that the proposal would generate approximately 728 new daily weekend trips, with 89
weekend trips occurring during the peak hour. The analysis discloses that the current
levels. of service (LOS) for all movements at the intersection of Paradise Bay Road is "A."
Level of service is a qualitative measure describing operational conditions within a traffic
stream. Six levels are designated, with" A" representing the best operating conditions
and "F" representing the worst. The additional volumes generated by the project are
within the operational capacities of the intersections and roadways in the area. The need
for left turn storage was reviewed and the report concludes that channelization warrants
are not met.
66. Accident data were also reviewed for the area near the project site. Three
accidents were found during the foUr year period surveyed from 2000 through 2003.
One rear-end collision occurred at Paradise Bay Road and Oak Bay Road. Two single
vehicle collisions, where.the vehicles left the roadway, occurred on Paradise BayRoad
l:5etW'eenOalfBay Road and Spinnaker Place. The frequency of accidents IS the area is
low and is not expected to change significantly as a result of the proposal.
67. A sight distance analysis conducted for the proposal disclosed that shrubs and
brush located along Paradise Bay Road limit visibility and that trimming the shrubs and
brush would improve the entering sight distance to the east and northeast (from the site
driveway onto Paradise Bay Road. This recommendation will be imposed as a condition
of approval (no.19).
68. The Jefferson County Public Works Department reviewed the traffic analysis for
the proposal and concurs in its conclusions regarding intersection level of service,
roadway capacity, and channelization warrants. . c
69. The Public Works department also concluded that the proposal would generate
pedestrian traffic that would cross Paradise Bay Road to'reach the existing commercial
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-00004, SDP05-00002
Page 17 of 24
Jefferson County _artment of Community Developmene
Ludlow Cove Division 2
July 26. 2005
center. Public Works further recommended that the applicant fund construction of a
crosswalk. On review of this recommendation, Community Development staff
recommended to the responsible official that if a crosswalk is required, it be constructed
~~--.-near..tothecLudlow CoveDivisiQn-~Gess drive,-rathe~UlanatEbbtideGourtas-initia:lly
suggested by the Public Works department. The responsible official concluded that a
condition requiring funding of the design and construction of a crosswalk would mitigate
potential adverse impacts generated by the project. See Part X, condition no. 28.
70. Public Works also recommended that provisions for an onsite pedestrian trail and
for bicycle lanes along the sides of the internal access roads be required in order to
mitigate safety impacts and meet subdivision requirements for road design that
appropriately considers anticipated traffic volumes and patterns, public convenience,
and safety. These conditions are found in Part X, at nos. 2 and 3.
71. Aesthetics. The construction of six multifamily residential structures will create
aesthetic impacts different from what might be expected from the construction of single
family residences. These impacts are mitigated in part by the site development
standards that apply to this project pursuant to the original Ludlow Cove decision. In
addition, the slope of the site (down and away from Paradise Bay Road), and the large
wetland and natural habitat area that will be preserved between the road and the
developed area will reduce impacts. No significant view impact is expected, and no
further mitigation is required.
72. Utilities. The project will be served by Olympic Water and Sewer, Inc., which
has confirmed that sufficient capacity exists. No further SEPA analysis is required. The
MERU allocation maintained by the County will be updated to reflect the addition of 120
new residential units.
73. Public Services- Sheriff. . The County Sheriff commented that increased
residential developmeIlt adds a burden to law enforcement and increases staffing
pressures. The same comment was also recently submitted with regard to a proposed 80
unit singleIamily residential development proposal in Port Ludlow. . In response' f6the
firstco:mment from the Sheriff, the applicant and the County reviewed whether the
impact was significant and whether SEP A authority existed to impose conditions on the
project. The review concluded that the impact was incremental and that the Sheriff's
office had several options and opportunities for dealing with budget impacts. No SEPA
authority to mitigate the incremental impact was found. The analysis for the current
project reveals the same information. The impact is not significant and SEPA mitigation
is neither required nor available.
74. Public Services - Fire District. The proposal site is located within Fire District 3.
Pursuant to an agreement with the Fire District, the County has used SEPA authority to
impose animpacUee of $193 per unit to mitigate impacts directly relatedAo new
residential development. The agreement with the Fire District does not specifically
address multifamily development or set a different fee for multifamily versus single
family development. Review of other jurisdictions' fee schedules was inconclusive about
the relationship between single family and multifamily development for fire district
Staff report and recommendation/MONS
Ludlow Cove Division 2
SUB05-00004. SDP05-OO002
Page 18 of 24
Jefferson County Dep.-,ent of Community Development e
Ludlow Cove Division z
July 26, 2005
impacts. Therefore, the standard fee based on the number of units in the development
will be required.
75. Public Services - School district. The County also has collected a school impact
._, n'--~-fee'for-the-ehimacumSchool D.i:sl1icl basedorranugreementsimllar-tolhafused WIth the-- ,--
Fire District. At the time the project vested in 1995, a fee of $437.10 per lot was
collected. Thus, a school impact fee of $1748.40 will be required.
76. Additional SEPA Issues Raised in Public Comment Letters. Additional issues
raised during the public comment period and not already addressed include questions
about noise control, archaeological resource protection, and salmon habitat. The County
will limit the hours of construction at the site to mitigate noise impacts based on the prior
analysis done for the original Ludlow Cove Project. Salmon l1abitat and other habitat
protection issues have been addressed, to the degree needed, as part of the required
Habitat Management Plan approved by the County and the Washington Department of
Fish and Wildlife.
77. Archaeological resource protection was also addressed in the prior approval. An
Archaeological Resources and Traditional Cultural Places Assessment report was
completed in 2003 for the entire Ludlow Cove site. An existing archaeological site is
located within Division 2. The conditions from the original Ludlow Cove approval
related to archaeological resource protection will also apply to Division 2. See Part X,
no. 17.
Part IX CONCLUSIONS
78.DNS. Jefferson County has determined that the above-described proposal,
conducted in conformance with the approved plans and required mitigation measures,
will not have a probable significant adverse impact on the environment. An environmental
impact statement is notrequired under RCW 43.2 1 C.030(2) (c). This detennination was
made after review of a completed environmental checklist and other information on file
with the Jefferson County Department of Community Development, inspection Q!.tl1~site,
"', arid c6nsiaeration of comments submitted in response to the notice of application. -,
Comment Period. This determination is issued pursuant to WAC 197-11-355, the Optional
DNS Process. There is no additional comment period.
Appeal. Any appeal of this final threshold determination must be submitted in writing
before 4:30 P.M. August 9, 2005 to the SEPA Responsible Official, Jefferson County
Department of Community Development, 621 Sheridan Street, Port TOWJlSend, WA 98368
for consideration by the Jefferson County Hearing Examiner.
Appeal statements must make specific factual objections to the analysis presented in this
report. Contact the Department of Community Development to read or ask about the/
procedures for SEPA appeals. If an appeal is f'lled,the appeal hearing will beheld at
the public hearing on the overallproject which is already scheduled for August 16,
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-00004, SDP05-00002
Page 19 of 24
Jefferson County ~artment of Community Development e
Ludlow Cove Division 2
July 26, 2005
2005 at 1:30 pm in the Jefferson County Superior Courtroom, 2nd floor of the County
Courthouse.
79. RECOMMENDATION. The Department of Community Development
recommends Approval of the Binding Site Plan / Condominium Subdivision and
Shoreline Substantial Development Permit for Ludlow Cove Division 2, subject to
conditions as detailed below in Part X.
Signed: 0\ ~ (~ Date: nl.,j~<ror-
Stacie ~esponsible Official ~
Jefferson County Director of Community Development
Part X RECOMMENDED CONDITIONS
Code requirements pursuant to ICAO, the Shoreline SUbstantial Development
Permit, and SUbdivision regulations are indicated as lCAO, SDP, and SUB,
respectively. SEPA indicates a condition based on authority of the Statc;t
En'rironmental Policy Act as applied through the Jefferson County implementing
ordinance.
Prior to Permit Issuance or Any Clearing or Site Disturbance
1. Proposed roadways, access drives, parking areas, and trails shall be designed to
the standards of the Jefferson County Public Works Department and the American
Association of State Highway and Transportation Officials (AASHTO). All necessary plans
and specifications shall be submitted to the Public.Works Department for review and
approval. SUB
2. The plans shall include a 5 feet wide pedestrian walkway along the southerly side
of the access foadto the buildings; The walkway shall be surfaced with all-weather
materials. Plans shall be submitted to the Public Works Department for review and
approval. SUB, SEPA
3. The plans shall include two four feet wide bicycle lanes, which may constitute
paved and demarcated shoulders, along the main entry drive, except at the boulevard
entrance. Atthe boulevard entrance, two 13 foot asphalt driving lanes will be
supplemented with seven feet wide shoulders of grass-pave or similar material to
aclUeve a 20 foot section sufficient for fire and emergency vehicle access. Lail.ewidth
along the balance of the entry drive may be reduced to 10 feet in each direction,
exclusive of the bicycle lanes. Plans shall be submitted to the Public Works Department
/ for review and approval. SUB, SEPA ::' ,
4. . The building permit plans shall include lighting specifications and details to
confirm that lighting fixtures are designed and hooded to prevent the light source from
Staff report and recommendation/MONS
Ludlow Cove Division 2
SUBO~4,SDP05~002
Page 20 of 24
Jefferson County Dep~ent of Community Development e
Ludlow Cove Division 2
July 26, 2005
being directly visible from outside the boundaries of the property. The intensity or
brightness of all security lighting shall not adversely affect the use of surrounding
properties or adjacent rights-of-way. Zoning Code, 7.40.1.(c).
5. The appltcantshalloDtam a:1~oaaApproach l'enriifTr6m ffiePUblic WorkS
Department for access onto Paradise Bay Road. SUB
6. Plans and construction activities shall conform to the recommendations in the
geotechnical report prepared by GeoEngineers dated March 22, 1995, provided that a
revised geotechnical report conforming to the requirements of the ICAO (ord. no. 05...
0509-94) may be submitted in support of a request for revisions to the recommendations.
The Community Development Department may approve a revision when equal or better
protection of critical areas will be obtained. ICAO
7. Clearing limits for roads, water, sewer, and storm water utilities, erosion control
facilities and all site construction shall be marked in the field and approved by the
County. Critical area buffers shall be marked with signs at intervals of one every 100
feet. The signs shall contain the following language: "Critical area buffer. Do not remove
or alter existing native vegetation." [CAO
8. A Stormwater Site Plan that includes a Large Parcel Erosion and Sediment Control
Plan and a Permanent Stormwater Quality Control Plan and that conforms to the
requirements of the Stormwater Management Manual for the Fuget Sound Basin and
Public Works Department standards shall be submitted and approved. Minimum
Requirements #1 - 11 from the Stormwater Management Manual shall apply. SEPA
9. A Fire District Impact Fee shall be payable at a rate of $193.00 per unit for each
building. permit at the time of issuance. SUB, SEPA
10. All fees for permits to be issued and other work performed associated with the
permits shall be paid. SUB, SEPA
DuringConstmction
11. As described in the Habitat . Management Plan developed for the Ludlow Cove
project and to limit ongoing site disturbance with the potential for erosion and water
quality impacts, all site work involving the use of heavy equipment for infrastructure
installation, logging, clearing, grubbing and grading shall be completed in one phase.
Following this phase, restoration and stabilization shall be conducted, including the
application of mulch, hydroseed, stabilization of cut and fill areas, construction of
bioswales, and the planting of re-vegetated areas. ICAO, SEPA
12. A set.of appro~ed plans shall be on site at all times during construction.. SUB
13. Temporary erosion control Best Management Practices shall be implemented
continuously in conformance with the approved plans. [CAO
14. Seasonal construction limitation: Construction activity between November .1 'and
April I shall require approval of a Temporary Erosion and Sedimentation Control (TESC)
"
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05~ooOO4, SDP05-00002
Page 21 of 24
Jefferson County eartment of Community Developmen_
Ludlow Cove Division 2
July 26. 2005
Plan including Best Management Practices and meeting the requirements of Jefferson
County and the 1994 Stormwater Management Manual for the Puget Sound Basin. ICAO
--- ..------15~-. ...,.'I'heproponent sha1l-aHange-fa.:r-allrequir-eEi-inspeetionsfromtheapplicable
County department or other agency such as Olympic Water and Sewer, Inc., the Fire
District or Fire Department, or the Health District. SUB
16. Construction hours of operation shall be limited to from 7:00 a.m. to 6:00 p.m.
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays. SEPA
17. To ensure archaeological resources are protected, a professional archaeologist
shall monitor any ground disturbing activities within the buffer area for Site 45JE208. as
staked and described in the Archaeological Resource Assessment prepared for the
project. If archaeological resources are encountered during land development activities,
the following procedure shall apply.
a. STOP WORK. Avoid further disturbance to the area or removal of any
materials.
b. Notify the Jefferson County Director of Community Development at 360-
379-4450. The County will immediately notify the State Office of
Archaeology and Historic Preservation (OAHP) at 206-753-5010.
c. Protect the area from vandals and collectors.
d. Have a qualified archaeologist evaluate the site and make
recommendations for managing any further work in the area.
e. Obtain a permit from OAHP if further excavation or disturbance of the site
is necessary. SEPA
Prior To OCCUpanCy Of Any Building
18. The project engineer shall certify to Jefferson County that construction and all
related land disturbing activities have occurred in conformance with the
recommendations o(tlte March 22, 1995 geotechnical report or an updated report if
approved by the Community Development Department. lCAO
19. The proponent shall, after consultation with the Public Works Department, trim
the shrubs and brush along Paradise Bay Road at the property's frontage, as needed to
improve sight distance and visibility from the access drive.' Any trimming of shrubs and
brush within the Native Growth Protection Easement shall be accomplished in a manner
compliant with condition no. 28 below to minimize impact on the NGPE. SUB, SEPA
20. The provisions of the Habitat Management Plan and Landscape Plan required by
and developed in accordance with the original Ludlow Cove approval shall be
completed. ICAO, SDP
a. A permanent physical separation between wetland and stream buffers (or
th,e Native Growth Protection)\rea) and the developed portion of the site
shall be installed.
b. A notice to title disclosing the presence of the wetland and stream buffers
and the Native Growth Protection Area shall be recorded with the Auditor
in a form approved by the Prosecuting Attorney. lCAO
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05-OOOO4. SDP05-Q0002
Page 22 of 24
.
Jefferson County DepAent of Community Development .
Ludlow Cove Division ~
July 26,2005
Prior to Final Binding Site Plan/Final Plat Approval
21. The proponent shall comply with all processing timelines and final binding site
plan/final plat requirements as established by the Public Works Department. SUB
, -~; '... ,AU feesforworkperlollued p.lior tofinarapprovalshattbepatd.-"SUB
23. All easements of record shall be graphically portrayed on the final plat and shall
include the Auditor's File Number (AFN). Utility easements shall be made by a separate
recorded easement, or declaration or dedication of easement, and by graphic portrayal
on the final plat. SUB
24. The pedestrian trail along the edge of the Native Growth Protection Easement and
accessing the waterfront at Picnic Point as shown on the approved plans shall include an
easement ten feet wide for public use. The final binding site plan/final plat shall include
the following language: "Trail to be part of the Port Ludlow Trail System. The Port
Ludlow Community shall have the right to use the trail for pedestrian purposes. The Port
Ludlow Trails Committee, under the direction of the Port Ludlow Village Council shall be
responsible for maintenance of the Trail." SDP
25. Infrastructure systems including the water and sewer system, power and
communication system, access drives, parking, and pedestrian trails and bicycle
improvements shall be installed in accordance with the approved plans, and inspected
and approved by OlyrnpicWater and Sewer, Inc., Jefferson County, Fire District # 3, the
County Fire Marshal,. or other applicable agency, as required; PROVIDED that the
applicant may enter into a surety agreement with the Department of Public Works as an
alternative to complete installation of required road or driveway improvements prior to
final plat approval. The surety may not exceed one year and must be in a form
acceptable to the County Prosecutor. All such sureties must inciude an estimate of the
cost ofall improvements and the estimate must be approved by the Department of Public
Works prior to acceptance of the surety. No overhead utilities shall be installed. SUB.
26. The project engineer shall certify to Jefferson County that construction and all
land disturbingactivitiesllave'occurred in conformance with the recommendations of
the March 22, 1995 geotechnical report or an updated report if approved by the
Community Development Departments. SUB, lCAO
. , . .
27. The proponent shall enter into a Stormwater Management Facility Maintenance
Agreement with the County. The agreement shall be signed and filed with the]efferson
County Auditor prior to final plat approval. SUB, SEPA
28. The applicant shall enter into an agreement with Jefferson County to reimbUrse
the County for the full cost of designing and constructing a painted crosswalk across
Paradise Bay Road in the vicinity of the site access drive. SUB, SEPA
29. The proponent shall pay a School District Impact Fee in the amount of $1748.40'
($437.10 per lot for to the Chirnacurn School District. SUB, SEPA
Staff report and recommendation/MONS
Ludlow Cove Division 2
SUB05-oG004, SDP05-00002
Page 23 of 24
Jefferson County .artment of Community DevelopmenAt
Ludlow Cove Division 2
July 26, 2005
.
30. The entry drive for the site shall be named and the name shall be shown on the
final plat. The proponent shall select the road name in consultation with the Department
of Public Works to avoid duplication of existing road names. SUB
For the Life of the Project
31. Trees shall not be removed from the Native Growth Protection Easement area
unless a professional arborist determines a potential safely hazard exists. In the event a
tree within the NGPE needs to be removed for safely purposes, the tree shall be cut no
closer than 3-feet off the ground so as to keep the root system intact. In order to ensure
stability of the slope, native vegetation (shrubs or trees) appropriate for slope stability
purposes should be planted to replace the tree that was removed
'32. Native vegetation in critical areas, buffers, throughout the Native Growth
Protection Area and along the shoreline shall be maintained in compliance with the
approved Habitat Management Plan and Landscape Plan. lCAO, SDP
a. Trees shall not be removed unless it is determineq by a professional
arborist that a potential safety hazard exists. In such a case, the tree shall
be cut no closer than three feet to the ground and the root system shall be
kept intact.
b. Maintenance work shall be done by hand or with minimal mechanical
apparatus
33. Landscaping on the developed portion of the site shall be maintained in
compliance with the approved Landscape Plan. lCAO
34. Roads, utilities, structures, and other improvements shall comply with the
applicable policies and performance standards of the Jefferson County Shoreline
Management Master Program. SDP
3S. The project shall be built and maintained in compijance with the approved plans.
SUB, Zoning Ordinance
36~ The recreation building, Building 7, shall be operated as an accessory use to the
residential complex. Commercial operation of the facility shall not be allowed unless the
binding site plan approval is formally revised and land use, parking and all other
development standards applicable at such future time are met.
Staff report and recommendation/MDNS
Ludlow Cove Division 2
SUB05~4,SDPO~2
Page 24 of 24
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SDP06-00019
WA STATE DNR
OLYMPIC REGION; CONNIE SALLEE
411 TILLlCUM LANE
FORKS, WA 98331
SDP06-00019
WA STATE DNR SEPA REVIEW
EXTERNAL PROJECTS
PO BOX 47015
OLYMPIA, WA 98504-7015
SDP06-00019
O.E.C.
PO BOX 1906
PORT TOWNSEND, WA 98368
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PENINSULA DAILY NEWS
JEFF CHEW
1939 E SIMS WAY
PORT TOWNSEND, W A 98368
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LMC GOVERNMENTAL AFFAIRS COM
RICHARD SMITH
PO BOX 65060
PORT LUDLOW, W A 98365
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US ARMY CORPS OF ENGINEERS
KOKO CRONIN
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SEATTLE, WA 98134-2385
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WDFW
RANDI THURSTON
502 HIGH ST. STE#112
PORT ORCHARD, WA 98366
7LD PI \Y.eL ~
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SDP06-00019
JCFPD #3
7650 OAK BAY RD
PORT LUDLOW, W A 98365
SDP06-00019
CHIMACUM SCHOOL DISTRICT 49
POBOX 278
CHIMACUM, WA 98325
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CITY OF PT FIRE DEPARTMENT
ATTN: TOM AUMOCK
1256 LAWRENCE ST
PORT TOWNSEND, WA 98368
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PT GAMBLE S'KLALLAM TRIBE
31974 LITTLE BOSTON RD.
KINGSTON, WA 98346
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JEFFERSON CO PUD #1
PO BOX 929
PORT HADLOCK, W A 98339
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JEFFERSON TRANSIT
1615 W. SIMS WAY
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PO BOX 1180
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JEFFREE STEW ART
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LEANNE JENKINS, PLANNING DIA.
1033 OLD BLYN HIGHWAY
SEQUIM, WA 98382
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RANDY JOHNSON
332 E 5TH
PORT ANGELES, W A 98362
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CITY OF PT - BLD/COMM DEV
250 MADISON ST, STE 2
PORT TOWNSEND, W A 98368
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CITY OF PT - BLD/COMM DEV
250 MADISON ST, STE 2
PORT TOWNSEND, W A 98368
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LINDA ATKINS
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ERICA DIRKSON
PO BOX 552
PORT TOWNSEND, W A 98368
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SHERRIE SHOLD
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JIM PEARSON
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PO BOX 1933
SEQUIM, WA 98382
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WDFW SEPA REVIEW
1111 WASHINGTON ST. SE.
OLYMPIA, WA 98504-3135
. ..
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SHORELINE APPLICATION WITH SEPA REVIEW FORM
APPLICATION
FILE NUMBER:
APPLICANT:
REPRESENTATIVE:
NAME OF PROJECT:
PLANNER:
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.
SEP A REVIEW
SITE INSPECTION DATE:
NOTICE OF APP. & PENDING THRESHOLD:
MAILED:
POSTED:
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COMMENT PERIOD:
FROM: TO:
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HD: PWD:
BY:
THRESHOLD: DS
MAILED:
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FROM: TO:
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HD: PWD:
DNS
MDNS
FINAL:
DATE:
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FDS
FDNS
FMDNS
VARIANCE
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YES 10 COMPLETED:
HEARING EXAMINER REVIEW
DATE OF HEARING:
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NOTICE PUBLISHED:
POSTED: BY:
RECOMMENDATION REC.:
DATE RECOM. MAILED:
H:\PERMJ1\PLNCNTR\ORDREVIEWFORMS 12/99
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APPEAL SUBMITTED
o APPEAL TO THE BOARD
DATE OF APPEAL:
NOTICE PUBLISHED:
NOTICE MAILED:
DECISION RECEIVED:
DECISION MAILED:
o APPEAL TO THE HEARING EXAMINER
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'MASTER MAILING LIST
1:r OS .. TERES TED PARTIES
DAYS ~ SCHOOL DISTRICT 20 21
V CITY OF PORT TOWNSEND
~ PUD #1
.~HEALTH DEPARTME
. ; SSORS OFFICE
~EFFERSON TRANSIT
r.~PORT OF PORT TOWNSEND
,,..[D/' WSD OF TRANSPORTATION
.~ ~WSD OF ECOLO
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~f SD OF F & W, OLYMPIA
<..UW / WS DNR , FORKS
~ WS DNR, OLYMPIA
V ~RT GAMBLE S'KALLAM TRIBE (Hood Canal)
~ JAMESTOWN S'KALLAM TRIBE (Discovery Bay)
~ OLYMPIC ENVIRONMENTAL COUNCIL
~PORT TOWNSEND LEADER
Q"" PENINSULA DAIL Y NEWS
~ JILL SILVER, FORK~ (HUH Kl V bK ONLY)
1] nocc-"
V /US ARMY CORPS OF ENGINEERS
i:Y" LMC COMMITTEE
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TIME: