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July 17, 2006
Mr. Phil Johnson
Jefferson County
Board of County Commissioners
Post Office Box 1220
Port Townsend, W A 98368
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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
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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.
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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.
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Bruce W. Schmitz
717 Rainier Lane
Port Ludlow, W A 98365
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