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Mr. Stephen a:.1I~111[, HE
Jefferson County Community Development Dept.
621 Sheridan Street
Port Townsend, W A 98368
Re: MLA06-00221
Ludlow Cove n Consolidated LandUse Application
I reside at 60 Admiralty Lane, in the Admiralty n condominiums in Port Ludlow, within
the Master Planned Resort and also within the portion of the MPa that is zoned for hotel
and resort commercial facilities. I make that statement to illustrate that buyers of
property have the opportunity to learn about the area in which they are investing what
may be a considerable sum of money. Buying a lot OT home in a:residential zone,
surrounded by neighborhoods governed by residential homeowners' associations through
Covenants and Restrictions produces some expectation of certainty that the same
conditions can be expected since this is a similar zone within the MPR.. That reasonable
level of certainty creates value in the properties thus presented fOT sale.
The proposed amendment to the Development Agreement between PLA and Jefferson
County, using a Flexibility Clause to allow "timeshare" uses in a single family residential
zone increasing density from 4: 1 to 9: 1 and building 120 units of resort transient lodging
is a serious challenge to the purpose and value ofland use planning and zoning. This
same project was presented, approved by the county staff and Hearing Examiner,
appealed and found under appeal to be inconsistent with the zoning of the tract fOT which
it is proposed. This is a hotel, a commercial operation.
In requesting this amendment, the applicantis attempting tore-construe a hotel as a
multi-family conditional use and to characterize this hotel use as "time-share". Even if
time-share use were to be allowed this proposal should still not be approved because it
does not fit the definitions of time-share. There are no fractional ownerships nor repeated
uses of the same units provided to owners of Trendwest vacation plans according to
testimony of Trendwest executives. The County staff, in its review criteria of the time-
share issue has chosen to disregard the findings and final opinion of its own Appellate
Hearing Examiner. HE Galt found that this is a commercial operation. That should be
the position of the staff in reviewing this request
The appropriate method for requesting this change in land use is to request an amendment
to the Comprehensive plan. That avenue was available to this applicant. Amendment
requests could have been filed through the end of March of this year. Attempting this
end-run around the means provided in order to achieve a spot zoning of this parcel will
result in reduction of property values in the area by intrusion of unexpected commercial
activity in a residential area, and equally important, it opens the way for other developers
to attempt similar spot-rezones in the County. That precedent weakens the ability of the
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County and its staff to manage growth within the framework developed under the Growth
Management Act.
Regarding the Substantial Shoreline Development - SDP06-00019
OCD staffhave recycled the original SDP application under a new number, and presented
it for approval with the same reviews and recommendations. The original review based
on Jefferson County Shoreline Management Master Program 1989 JCCC 1825 - App. F
states The Shoreline for this project is designated as urban. Residential use is a primary
use for this shoreline. Further, Washington Dept of Ecology raised the issue that its
review was for residential use, that if commercial use were considered a different permit
process would apply. The Shoreline Management Act does indeed differentiate and give
priority to residential use. Commercial uses, which this project has been shown to be, are
not preferred uses, and where commercial uses are considered, only water-related uses
are given consideration.
In smnrnary, I believe that the application before you is flawed The proposed
amendment should be denied and referred for a Comprehensive Plan Amendment.
Allowing this means to rezone a property weakens the County's ability to prevent similar
efforts and deprives neighboring owners of certainty in the values of their properties.
Even if it is recommended to the County Commission and approved by them, all that is
achieved is to allow time-shares in a multifamily conditional use. Commercial uses are
still not allowed Trendwest executives have themselves repeatedly stated they do not
sell timeshares, and their correspondence with the Staff ofOCD designates this as a
commercial building project. The Shore1ine.Pennit under consideration does not include
a binding site plan. What is being approved? The original project has been denied. The
reviews accompanying this application are based on uses that have been determined as
not allowed on this site.
There are means to acbieve the successful approval of this project and they have been
within the reach of the project applicants. Jefferson County's residents deserve the right
to have faith that the laws, elected officials and employees of our government work for
the individual as well as they work. for developers with legal staff paid to find ways
around them.
Thank you for the opportunity to present my views.
Elizabeth Van Zonneveld
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