HomeMy WebLinkAboutres2007-050WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2007 -381
CLEARANCES
Initial
Date
Date Received in Council Office
A enda Date
Assigned to:
Originator:
dl
$
091141
07
`
S L P 1 O 4 21307
�'1
VtV �p�HATCOM COUNTY
G0UIN,CIL
9/25/07
Finance /Council
Division Head:
Dept. Head:
9��0
Prosecutor
dl
091141
07
Purchasing/Budget:
Erecutive: � �
,n
SUBJECT: Resol tion setting public hearing on proposal to sell easement over County property to Bay Horizons
for stormwater outflow area
ATTACHMENTS: Memo, proposed resolution settingpublic hearing
SEPA review required? { ) Yes (X) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? (X) Yes ( ) NO
Requested Date: Oclober 9, 2007
SUMMARYSTATEMENT.•
Bay Horizons development desires to purchase an easement from
Whateom County over a portion of property along Birch Bay Drive
in which the County has a significant ownership interest. The
applicant's purpose in acquiring the easement is to develop a
stormwater outflow area over a portion of the parcel for the
discharge of stormwater from upland areas into Birch Bay under
the permit requirements imposed for such an outflow and discharge
by the Department of Ecology. -The hearing on this proposal would
serve the purpose of receiving public comment on the propriety of
such a sale of easement The applicant is proposing a purchase
price for the easement over a portion of the parcel that matches the
assessed value of the County's interest in the entire parcel
Committee Action Taken:
9/25/2007: Forwarded to Council for approval
Distribution Request
Indicate those who should receive ocopy after Council action.
List specific names to the right.
ADS Facilities Management
ADS Pittance
ADS Human Resources
ADS Info Services
Assessor
Aenditor
Cooperative Extension
District court
Executive
Health
HearingEvanniner
Jail
COUNCIL ACTION TAKEN.
9/25/2007: Council Approved 7 -0
Res. 2007 -050
Juvenile
Parks
Planning
Prosecutor
Public Works
Sheriff
Superior Court
+1 ved County Contract #:
Treasurer
Other
'File Numbers:
Ordinance or Resolution Number
(this item): Res. 2007 -050
,t
SPONSORED BY: Consent
INTRODUCTION DATE: 9/25/2007
RESOLUTION NO. 2007 -050
SETTING A PUBLIC HEARING REGARDING A PROPOSED PURCHASE OF AN
EASEMENT FROM THE COUNTY ON ITS UNDIVIDED INTEREST IN A PARCEL IN
THE BIRCH BAY AREA BY BAY HORIZONS FOR THE PURPOSE OF A
STORMWATER OUTFLOW
WHEREAS, Whatcom County owns a 69193rds undivided interest in Reserve Tract A of
Birch Bay West End Estates, a parcel (Assessor's Parcel #405124 047226) located along the north
edge of Birch Bay, between Birch Bay Drive and the tidelands; and
WHEREAS, the parcel in question is not a practical site for building commercial or
residential structures because of the physical nature of the property, its location relative to the
shoreline, and the regulatory prohibitions and requirements that accompany land with these natural
features; and
WHEREAS, significant residential development has occurred and is occurring on the
uplands to the north of Birch Bay in the vicinity of this parcel; and
WHEREAS, development of this nature results in the potential of greater stormwater
runoff due to the increase in impervious and semi - pervious surfaces that constitute and accompany
such development; and
WHEREAS, there is a growing need to address stormwater management in this area on a
regional basis; and
WHEREAS, the Bay Horizons residential development located northwesterly of the
County's tract of land needs to develop a suitable means of and place for discharging stormwater
that flows from its development; and
WHEREAS, Bay Horizons proposes to purchase an easement over a portion of the
County's tract for purposes of establishing and maintaining a stormwater outflow area; and
WHEREAS, Bay Horizons is proposing, if it acquires the easement from the County, to
contribute without cost, upon request of the County, its stormwater facilities at this location and
Page 1
its interest in the easement to either Whatcom County or such other governmental entity as may in
the future assume the responsibility for stormwater management and disposal in this area; and
WHEREAS, Bay Horizons, if it is granted an easement, must acquire the necessary
permits from various government agencies to construct and operate its facilities and outflow at this
location; and
WHEREAS, while the County Code does not specifically address the procedure for
conveying a limited interest such as an easement in County property, this matter has been
reviewed by the County's Property Management Committee, resulting in its recommendation for
approval of negotiating such a conveyance, and has been presented to the Council for its review
and decision on the request; and
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that a public
hearing on the proposal of Bay Horizons that the County sell it an easement over a portion of the
County property designated by Assessor's Parcel No. 405124 047226, located on Birch Bay
Drive, on which it desires to site a stormwater outflow area, be held on the 9' day of October,
2007, at the regularly scheduled Council meeting on that date at the Council Chambers in the
Whatcom County Courthouse at 311 Grand Avenue, Bellingham, Washington.
APPROVED this 25th day of September, 2007.
�01CIOU1 1111 ,1114
.�Y'�%0&AT'gp)S W H A
C NiY c i .
0� ;�
DandVrown qMP Wrk q e Council
APPROVED AS TO FORM:
' La�
Civil Deputy Prosecutor
Page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair