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HomeMy WebLinkAboutLog070 . . . C(; 1)c1) /111)0(0 . . July 17, 2006 Mr. Phil Johnson Jefferson County Board of County Commissioners Post Office Box 1220 Port Townsend, W A 98368 1 q ~- v "111.... ~~ W U() Subject: Port Ludlow Ludlow Cove n Trendwest Development I write in strong opposition to the application by Port Ludlow Associates (PLA) md Trendwest to amend the Development Agreement to allow the building of a Trendwest resort in the Ludlow Cove n area of Port Ludlow. My belief is that the use of an amendment to the Development Agreement to affect a change in zoning is not allowable and is not consistent with the ru~ and regulations of the Jefferson County_ Providing a means to amend such Developm.ent Agreement should not be construed as a means to amend documents attached to those agreements as information or references. Appellant Hearing Examiner Mr. John E. Galt, in his ruling of December 7, 2006, declared: "The Trendwest propo$al is a transient accommodatiC)n resort, not a lIlultifamily residential development. Transient accommodations are not allowed nnder either the 1995 G-l zoning nor under the current single family residential zonillg. The EUliliner;s acceptance of the position that Trendwest's proposal is a multifamily residential development was clearly erroneous." While Mr. Galt's decision has been appealed to Superior Court, that mling stands until ovenuled by the court. My belief is that Jefferson County. PLA and Trendwest are bound by that decision and that to modify the wording in the Development Agreement to state that timeshare is multifamily use is clearly against the decision of the Appellant Hearing Examiner. IfPLA and Trendwest want to allow a transient accomodation within Ludlow Cove n, which is clearly a conunercial operation, they should submit a request for a zoning change through a change to the Comprehensive Plan. That is the procedure that exists within Jefferson to affect a zoning change and any other procedure is clearly against the established procedures for Jefferson County_ If Jefferson. County accepts the request ofPLA and Trendwest to make a zoning change within Ludlow Cove n by an amendment to the development agreement, they will set a precedent that may have significant repercussions for the future of not only Port Ludlow but also all of Jefferson County. What is to keep PLA from making further requests for changes to the Development Agr~ment to affect zoning changes? If Jefferson County allows this request other future developments that have Development Agreements will also be subject to zoning modifications by a change in this document and the Comprehensive Plan will have no meaning regarding zoning regulations. Allowing this method of making changes to the Comprehensive Plan will greatly reduce the reliance LOG ITEM /1 -7() Page I of YJ~ rfI ;: . . placed on the Comprehensive Plan and County Zoning designations by adjacent property owners and their financing sources in determining property values. Such uncertainty will inevitably reduce the value of adjacent properties. . I further do not understand why Trendwest has any standing on this request. They have no ownership of the land in question and are not a party to the Development Agreement. I believe that Trendwest should not be allowed to testify or have any part in the request for an amendment to the Development Agreement. Jefferson County itself has questioned the legality of using a change in the Development Agreement to modify zoning. The County has stated in public that they will get an independent legal opinion on the legality of this method of changing zoning. I do not understand why the County is spending taxpayer's money on processing this request before they have the opinion. It is a needless waste of money and I would respectfully request that the County hold up any public hearing or further action on the amendment change request until the independent legal opinion is obtained. I strongly urge the Jefferson County not to depart from established procedures for making zoning changes to property and request that this request for an amendment to the Development Agreement be denied. ~~~ Bruce W. Schmitz 717 Rainier Lane Port Ludlow, W A 98365 . ~'.d- ~1( .