HomeMy WebLinkAboutSpecial Council November 9 1989WHATCOM COUNTY COUNCIL
SPECIAL MEETING
Thursday, November 9, 1989
The meeting was called to order at 7 p.m. by Council Chairman Don Hansey.
Other Council Members Present:
Tom Burton Corky Johnson
Will Roehl Emily Jackson
Dan Warner Mary Vanderpol
1. PUBLIC HEARING: SOUTH CAPE PROPERTIES (PRELIMINARY
PLAT AND SHORELINES APPLICATIONS, WITH RECOMMENDA-
TIONS FROM THE HEARING EXAMINER)
Public Hearing opened. Roehl said he would like to hear about the legal
questions of jurisdiction and the status of negotiations with the various parties.
Ray Weden
Weden Engineering
119 Grand Avenue, Bellingham
Weden stated that Dick Langaberr will discuss the legal aspects later. Weden will give
a presentation of the project. Two maps were put up for reference. First Weden asked
that the Hearing Examiner's report, the 27 exhibits of the Hearing Examiner and also
the transcript of the record of the Hearing Examiner be made part of the record of this
Public Hearing. He stated that there are two permits requested (1) long plat preliminary
approval and (2) the Shorelines Substantial Development Permit. The preliminary plat
(Exhibit 1). Weden discussed the various maps and mentioned the modifications that
had been made since the Hearing Examiner's decision. He said that the Hearing
Examiner's Conclusions of Law said that the application was consistent with the zoning
ordinance and landuse controls with the exception of eight lots that do not meet the
minimum size requirement. The project has since been redesigned to eliminate one lot
reducing the entire number from 27 to 26 lots; they lots now meet size requirements.
The dock and boat ramp will not be open to public use and will just be for the use of
the 26 residents. There will be 26 slips; it is not expected that boats will be taken out
of the water often. There will be a security gate to ensure that no outsider uses the
dock. The developer will put two and a half inch pipes in concrete in front of each
homeowner to delineate boundaries of the tidelands. The tribe had originally asked for
a fence around the entire shoreline so there would be no trespassing on their tidelands.
A map was introduced as Exhibit 28 and pictures as Exhibits 29, 30, 31, and 32. He
discussed the road widths and said they are purposely making the ramp area small to
avoid any trailer parking there. He assured the council that there was enough room for
fire equipment to get into the area. He said the community dock avoids the
"Special" Meeting Minutes, 11/9/89, Page 2
proliferation of individual docks which is contrary to the Shorelines Management
Program. He discussed the setback requirements saying it is 50 feet; whereas the
setback in the project is 45 feet in a few places. He asks that the application be
approved and a variance be given for the limited area where their setback is 45 feet.
He recommended requesting a letter of commitment for water service from Sandy Point
Improvement Company.
Dick Langaberr
2084 Alder Street
Ferndale
He discussed the issue of the fence and stated they are trying to get at least a partial
lease from the Lummi Tribal Council. Mr. Raas representing the Lummi Tribal Council
says that the County does not have jurisdiction; Langaberr disagrees. He said he thinks
this is a land -use matter; it is zoned urban residential and is in the County.
Mr. Murray- Jones, the applicant, has asked the Lummi Tribal Council for meetings but
this has not happened.
On the water -sewer issue, it was stated in a letter of August 19 from the Lummi
Business Council to Mr. Roehl that the Lummi Tribal Council is the sole purveyor of
sewer and water. The developer must work with the Tribe to acquire these service.
There will be no plat approval without sewer and water services. There was some
discussion as to whether existing residents would be required to hook up to a sewer line
even if they had functional septic systems.
Dale Traylor
4038 May Lane #2 or 1164 100 NE #104
Ferndale Kirkland, WA 98034
He represents sixteen owners of Sea Ranch Condominiums who are concerned about
parking congestion of boat trailers at the boat ramp and how the sewer lines will affect
them. The association he represents is against the Sea Capes dock being used for
commercial uses.
Bill Mitchell
Mukilteo, WA
Mitchell owns Lot C, directly across from the proposed boat dock and he said he is
most impacted by this project. He is opposed to the dock and its location; the dock
is in front of his proposed living room and kitchen window. He owns tidelands and if
when he builds his dock it will interfere with the traffic flow of both his and the Sea
Capes dock and this was not taken into consideration. He said he is being prevented
from building; he wants to move his business from Mukilteo and build his home on this
site but can not continue because of this project. He does not want to put in a costly
septic system then be forced to hook into a sewer system. Mitchell said that SEPA
Determination of Non Significance deals only in land issues rather than water borne
"Special" Meeting Minutes, 11/9/89, Page 3
issues. There was thought given to sewage or oil pump outs from boats or the effects
of lights and noise from boats. He said another Determination of Non Significance
should be done solely on water issues to address the issues of water pollution, noise,
aesthetics, recreation and utilities. His property value is decreased because of the
proximity of the dock and he has suffered loss of privacy and quiet. He stated that the
law states that "community docks are not be constructed within a hundred feet of the
ordinary high water mark of the opposite shore..." He would be willing to go to court
on that issue alone that he is less than a hundred feet from the opposite shore and their
dock. Boats do go aground in this area as it is shallow but dredging has not been
mentioned. He was denied a variance because of the setback issues yet South Cape is
being accepted. He suggested moving the dock to another area where the impact would
be on South Cape residents and not on the Sea Ranch Condominiums and other
neighbors. He asked who would pay for the widening of May Lane and if an LID would
be put on everyone in the area to pay for widening a road in the project. Mitchell
stated that there are no health problems because of the septic systems in the area and
asking each property owner to pay another $5,000 for the sewer will create a hardship
for a lot of owners. He mentioned the littoral drift where there is loss of land in one
spot that builds up elsewhere.
Public Hearing Closed
On the issue of parking for trailers, Weden said that there will be a restrictive covenant
which allows no trailer parking whatsoever; this will be enforced by the Security Guard.
There will be a restrictive covenant to restrict leasing of slips - no commercial vessels
docked unless in an emergency situation. Space will stay empty if property owner does
not have a boat. No -one will be allowed to live aboard any of the boats.
Langaberr suggested Mitchell change his house plans. He said he feels it is unlikely
there will be much activity at this ramp.
ROEHL MOVED THAT A RESTRICTIVE COVENANT BE REQUIRED PRECLUD-
ING LEASING OF MOORAGE FOR COMMERCIAL VESSELS AND PRECLUDING
PARKING OF VEHICLES AND BOAT TRAILERS ON THE PUBLIC AREAS OR
ON- STREET.
Motion carried unanimously.
WARNER MOVED TO APPROVE THE SHORELINES SUBSTANTIAL DEVELOP-
MENT APPLICATION AND THE SHORELINES VARIANCE APPLICATION, AND
REQUESTED THE PRELIMINARY PLAT APPROVAL FOR P.J. MURRAY -JONES
OF SOUTH CAPE WITH THE CONDITIONS AND RESTRICTIONS HERETOFORE
RECOMMENDED BY THE HEARING EXAMINER AND THE COUNCIL
Jackson expressed some concern about the shoreline variance from 50 feet to 45 feet and
wondered if there was no way this could be adhered to. Weden said that the area
gained in reducing the number of lots was in width not length. Tyler said there had
been no noticeable erosion back to 1968.
"Special" Meeting Minutes, 11/9/89, Page 4
Motion carried unanimously.
2. Receipt of Finance Committee's budget recommendations
Finance Committee recommendation were received.
3. Report on Appointment of Hearing Examiner
It is the intention that the Council will meet on Monday at 4 p.m. to discuss how
to proceed on the Hearing Examiner appointment.
Meeting adjourned at 9:15 p.m.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Barbara Maher, Clerk onald G. arse , Chairman