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HomeMy WebLinkAbout022723 FW_ OT2 Phase 2 Road Issues ________________________________ From: Jurca, David F. Sent: Monday, February 27, 2023 3:45:38 PM (UTC-08:00) Pacific Time (US & Canada) To: David W. Johnson Cc: Bill Dean (cmdwbd@gmail.com); Greg Brotherton; heisenhauer@co.jefferson.wa.us; Kate Dean; Josh Peters; Eric Kuzma; Philip Hunsucker; Diana Smeland (dsmeland@portludlowassociates.com); Cliff O'Brien (COBrien@westharborhomes.com) Subject: OT2 Phase 2 Road Issues ________________________________ ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ________________________________ Thanks, David. The petition process described in that Road Establishment Handout is not applicable to this situation, but the Code provision cited in the Handout is helpful. However, I still have not seen anything describing the process to be undertaken by Public Works in making its determination in this case, so if you are aware of anything describing that process please let me know. Regarding the issue of whether PLA can be required, as a condition of plat approval, to require its contractors to use the construction access road rather than Mount Constance Way, the answer is of course it can. There is no law or legal principle preventing PLA from including such a provision in its contracts, and that provision could be enforced by PLA just as any other contract provision could be. Nor am I aware of any law or legal principle preventing the county from exercising its police powers (meaning its governmental authority to promote public health, safety or welfare) to impose a requirement on PLA, as a condition of plat approval, to require PLA to include such a term in its construction contracts, so long as the requirement is reasonable and is rationally related to and consistent with other land use policies. Indeed, that is why it is a common practice to include notes about construction truck route restrictions in subdivision plats — exactly as already contemplated by the reference to truck route restrictions in Note 13 on Sheet 1 of Exhibit 17 to your staff report. If you are aware of some law or legal principle to the contrary, please let me know. As always, thanks for your help. And thanks especially for your candor in telling the Commissioners that DCD recommends that the two new roadways be dedicated and accepted as public roads, despite the contrary prior recommendation of Public Works. Best regards, Dave David F. Jurca 610 Mount Constance Way Port Ludlow, WA 98365 (360) 301-1272 djurca@helsell.com <mailto:djurca@helsell.com> From: djohnson@co.jefferson.wa.us <djohnson@co.jefferson.wa.us> Sent: Monday, February 27, 2023 2:00 PM To: Jurca, David F. <djurca@helsell.com> Cc: David W. Johnson <djohnson@co.jefferson.wa.us> Subject: FW: [EXTERNAL MESSAGE] Attached. David Wayne Johnson - LEED AP - Neighborhood Development Associate Planner – Port Ludlow Lead Planner Department of Community Development (DCD) Jefferson County 360.379.4465 Please visit our website https://www.co.jefferson.wa.us/dcd <https://scanmail.trustwave.com/?c=22645&d=zqj94yRouMvA--0kVVj2AMZFdCZ6wEAsCvoPU9ofyw&s=1714&u=https%3a%2f%2fwww%2eco%2ejefferson%2ewa%2eus %2fdcd> to see how we can best serve you. * Email: dcd@co.jefferson.wa.us <mailto:dcd@co.jefferson.wa.us> * Phone: 360-379-4450 * Mail: 621 Sheridan St.; Port Townsend, WA 98368 DCD offers an Customer Assistance Meeting online scheduling calendar <https://scanmail.trustwave.com/?c=22645&d=zqj94yRouMvA--0kVVj2AMZFdCZ6wEAsCvkNUY9Kzw&s=1714&u=https%3a%2f%2fwww%2eco%2ejefferson% 2ewa%2eus%2f1530%2fCustomer-Assistance-Meeting-CAM> to request appointments and submit questions. Appointment times for this service are available Tuesday-Thursday from 1:30pm-3:45pm. Customers must request appointments at least 48 hours in advance. Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. P SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third-party requestor. From: Eric Kuzma <ekuzma@co.jefferson.wa.us <mailto:ekuzma@co.jefferson.wa.us> > Sent: Monday, February 27, 2023 11:39 AM To: David W. Johnson <djohnson@co.jefferson.wa.us <mailto:djohnson@co.jefferson.wa.us> >; Josh Peters <JPeters@co.jefferson.wa.us <mailto:JPeters@co.jefferson.wa.us> > Subject: See attached. Please also send me a copy of the Plat Alteration (drawings) that will go in front of the Board today. Thanks, Eric ___________________________________________________________ Eric Kuzma, Architect / Asst. Public Works Director / Eng. Services Mgr. JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS 623 Sheridan Street, Port Townsend, WA 98368 Phone: 360.385.9167 – 360.301.6783 (c) Email: ekuzma@co.jefferson.wa.us <mailto:ekuzma@co.jefferson.wa.us> 9