HomeMy WebLinkAboutSpecial Council December 8 20091
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WHATCOM COUNTY COUNCIL
Special County Council
December 8, 2009
Council Chair Seth Fleetwood called the meeting to order at 9:00 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Seth Fleetwood, L. Ward Nelson and Carl Weimer
Absent: Barbara Brenner, Laurie Caskey- Schreiber
Also Present: Sam Crawford
PUBLIC HEARING
1. RESOLUTION APPROVING RECOMMENDATIONS ON SEVEN APPLICATIONS
FOR CLASSIFICATION, RECLASSIFICATION, OR AMENDING EXISTING
APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENTS FOR LANDS
LOCATED WITHIN THE CITY OF BELLINGHAM (AB2009 -455)
(Clerk's Note: Pursuant to RCW 84.34.037(1), three members of the Whatcom
County Council will hold a special public hearing and take action on this item.)
Erin Osborn, Planning and Development Services Department, discussed the Revised
Code of Washington (RCW) statute and this process. She submitted and read from a
presentation (on file) and gave a staff report.
The following people answered questions:
• Tim Wahl, City of Bellingham Parks and Recreation Department, stated the
City will assign this item to it's City Council Parks Committee, which will make
a recommendation to the full City Council.
• J. Bruce Smith, Clark Family Attorney, answered questions about developable
home sites on the property.
Discussion included how three councilmembers are authorized to make the decision
on behalf of the Council; making a recommendation to the full Council; coordinating this
decision with the City of Bellingham; how the definition of public access is interpreted;
linking different properties through trails; available parking at Ludtke- Pacific Trucking
location; determining the highest and best use of a property, and; development on the
Clark family property.
Nelson moved to make a condition to clarify specifically the parking location and
access points for the Ludtke- Pacific Trucking application.
Wahl stated the City plans to provide for access on the State Department of Natural
Resources (DNR) property off the Mt. Baker Highway and possibly the western site. They
would not put parking at this location. This corridor would be passive use and wildlife
corridor, possibly wetland mitigation or boardwalk. That is a long -term plan. The City is 30
years away from it's Greenway program. This is about preserving the opportunity now.
Nelson withdrew his motion.
Special Whatcom County Council, 12/8/2009, Page 1
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Fleetwood opened the public hearing on the Ludkte application and, hearing no one,
closed the public hearing
Nelson moved to approve the recommendation regarding the Ludtke- Pacific
Trucking, Inc. application.
The motion carried by the following vote:
Ayes: Weimer, Fleetwood, and Nelson (3)
Nays: None (0)
Fleetwood opened the public hearing on the Ing application and, hearing no one,
closed the public hearing.
Weimer moved to approve the recommendation regarding the Ing application.
The motion carried by the following vote:
Ayes: Weimer, Fleetwood, and Nelson (3)
Nays: None (0)
Fleetwood opened the public hearing on the Ing /Alder application and, hearing no
one, closed the public hearing.
Nelson moved to approve the recommendation regarding the Ing /Alder application.
The motion carried by the following vote:
Ayes: Weimer, Fleetwood, and Nelson (3)
Nays: None (0)
Fleetwood opened the public hearing on the Harris application and, hearing no one,
closed the public hearing.
Weimer moved to approve the recommendation regarding the Harris application.
The motion carried by the following vote:
Ayes: Weimer, Fleetwood, and Nelson (3)
Nays: None (0)
Fleetwood opened the public hearing on the Clark Family application and the
following person spoke:
J. Bruce Smith, Clark Family Attorney, submitted and read from a letter (on file).
Hearing no one else, Fleetwood closed the public hearing.
Nelson moved to approve the recommendation regarding the Douglas and Margaret
Clark Family LLC application. He asked how they changed the access points when there has
been an agreement. He asked by what authority the City used to change the public access.
Wahl stated the biggest problem was that the City didn't think through how to manage the
issues. He described the trail.
Smith stated the conservation easement didn't address public access. When the
public access changed, no one thought formally about changing the open space agreement.
Special Whatcom County Council, 12/8/2009, Page 2
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Nelson asked if the land should still have public access technically. He asked how
the original public access agreement occurred. Smith stated public access was originally
granted in the 1977 open space agreement. The 1985 open space agreement amended
that access.
Weimer asked who has access to shorelines according to State law. Wahl stated that
was a platted harbor area, so the Clarks own the tidelands.
Nelson asked why they would allow only non - motorized watercraft. Olson stated
they want to avoid noise from motorized boats.
Fleetwood stated he is against the motion. This doesn't constitute meaningful public
access. The amenities described will be preserved whether or not there is a public trail
system. This is primarily an enforceability issue. The people who cause problems on the
property are probably not aware there is an open space agreement, and the problems will
continue.
Nelson stated his problem with this application is that it doesn't provide meaningful
public access. Kayakers are the only ones allowed. It limits the area to those who are
physically able to get there. It's not a benefit. If they want to prevent access, just remove
the area from open space. If they don't want the benefit and to control the land, they need
to remove the open space designation. That's how it works. Otherwise, they must work
with the City to provide controlled access.
Weimer stated he would have liked to have a joint discussion with the City. He also
has concerns about development near public access. However, the beach is a great place,
and it is a benefit. He understands both views. Wahl stated the motorboat access is there
now. The cove is a shoal area that a motorized boat can't go through.
Olson stated that if the proposal isn't approved, it goes back to the 1985 agreement.
When this was evaluated, they were give 25 percent marks out of 40 percent total for public
access. There is a variety of different criteria used to evaluate the application. It's just one
criteria.
Weimer asked if the City and County will have to have a discussion if the City wants
to approve this. Olson stated they will.
The motion failed by the following vote:
Ayes: Weimer, (1)
Nays: Fleetwood, and Nelson (2)
Fleetwood opened the public hearing on the Bridgeview Ventures application, and the
following person spoke:
Fred Wagner, Bridgeview Ventures, stated the site is urban and adjacent to critical
habitat. Development is currently restricted, but conditions can be amended or changed
through a public process. It's also restricted by the City's wetland ordinance. They have no
place to do anything with this property, and it's better served to be in the public realm.
There is a deer trail through the property. The property is one - quarter of the entire site,
with an assessment of approximately $70,000.
Hearing no one else, Fleetwood closed the public hearing.
Special Whatcom County Council, 12/8/2009, Page 3
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Weimer moved to approve the recommendation regarding the Bridgeview
Ventures, LLC application. He asked if any of it is jurisdiction of the City's shoreline master
plan. He asked the criteria for being able to apply for this designation.
Fleetwood stated a potential trail linkage is a huge public benefit.
Nelson stated he disagrees. The trail already exists. Trail access exists. Wahl
stated the trail is on the opposite side of the creek. This would be another trail. It would go
along the north side of the creek, and tie together the businesses along that area. If there
were access, there would be access to a place where one could cross the creek. This access
would be closest to the Fairhaven business district.
Nelson stated he's concerned about a trend of putting required buffers in open
space. Restrictions could change, but the owner could also remove the property from the
open space designation. There's no reason to change the taxation level.
The motion failed by the following vote:
Ayes: Fleetwood (1)
Nays: Weimer and Nelson (2)
Fleetwood opened the public hearing on the Nelson application and the following
person spoke:
Jeff Nelson, owner, stated the easement would be available for a minimum of 15
years.
Crawford asked why they should provide yet more access to an already - developed
trail system. Wahl stated this is to provide a trail to the loop around the developed trail.
It's a different approach to Chuckanut Mountain.
Nelson moved to approve the recommendation regarding the Nelson application.
It's more appropriate for the urban area.
Fleetwood asked how far into the property will the public access trail go. Wahl
stated there will be public access just along the Nelson south boundary. The buffer is very
valuable. There isn't a view of the entire property. The value is to the south side of the
property.
Fleetwood stated he would like to see a trail to the portion of the field property
surrounded by trees at the northwest corner of the property. Jeff Nelson stated he will
provide access to the field and around the pond.
Wahl stated this arrangement is a good deal for the public for 15 years. However,
the public is not going to invest sums of money in temporary access arrangements. That's
what happened also at Clark's Point. The City can't spend money on private property.
These big ideas about public access are good, but there isn't a mechanism to support
investment of public funds in these properties without a perpetual arrangement.
The motion carried by the following vote:
Ayes: Weimer, Fleetwood, and Nelson (3)
Nays: None (0)
Special Whatcom County Council, 12/8/2009, Page 4
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Weimer suggested a staff update on the process and tax implication of these
applications in the first quarter of 2010.
ADJOURN
The meeting adjourned at 10:50 a.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on January 26 , 2010.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Special Whatcom County Council, 12/8/2009, Page 5