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HomeMy WebLinkAboutSpecial Council for September 22 1984OFFICIAL PROCEEDINGS SPECIAL COUNCIL MEETING WHATCOM COUNTY COUNCIL Minutes -- September 27, 1984 The Special Council Meeting was called to order on Thursday September 27, 1984, at 3:00 p.m. by Chairperson Cole, with all members present. Council member Roehl was asked by Chairperson Cole to chair the meeting. The meeting was held at the site of the proposed Seacliffe Estates development at Point Roberts, Washington. SITE VISIT The Council members met with the architect, engineer and others who are working on the proposed project for the purpose of viewing the proposed site and asking questions. PUBLIC HEARING The public hearing was held at the Point Roberts Community Hall on Gulf Road. The hearing was declared open at 4:15 P.M. Acting Chairman Roehl reviewed the scope of the public hearing. Cole made a statement for the record in order to disclose the fact that he has a retail business in Point Roberts, and that it does not disqualify him from voting on this issue. He has consulted with the Prosecuting Attorney's office and was advised that he should make this disclosure so that any person can object to his participation in the proceedings if they choose to do so. He further stated that he would not make a judgement based on his business interest. Acting Chairman Roehl stated that ten exhibits had been received thus far by the Council, and those exhibits were numbered 1 through 10 and made a part of the record at this time. He also introduced exhibit 11, a letter from the Washington State Parks and Recreation Commission dated August 30, 1984, and addressed to Sylvia Schonberg, and exhibit 12, a letter from Sid Wallace dated September 26, 1984. Phil Serka, attorney for Welsh Development, Inc., the applicant, provided background information on the project and presented a memo to the Council dated September 26, 1984, with this and other information. The memo was numbered as exhibit 13 for the record, and Mr. Serka spoke at length on the contents of his memo. He also presented a transcript of the Hearing Examiner's hearing, which was entered as exhibit 14, and a letter from Paul Rushing dated September 26, 1984, entered as exhibit 15. Mr. Serka spoke in support of the Council approving the project. Special Council Meetiog September 27, 1984 Page 2 Council member Becker asked whether or not there would be public beach access provided. Mr. Serka stated that it is not proposed due to law enforcement problems, although educational groups will be able to schedule field trips to the area. Mr. Ron Jepson, 1509 Cornwall Ave., Bellingham, engineer for the project, spoke to the redesigning of the project whi,.ch he had been responsible for. A.D. MacPhail, 774 Clair Drive, Point Roberts (and 4654 West 6th, Vancouver B.C.) owns property on the edge of the cliff, where the Seacliffe property slants toward his property. He asked Mr. Jepson what plans are going to be made for handling the surface run -off water which will come from Seacliffe toward his property. Mr. Jepson replied that it will be worked out with the County Engineer's office. Doddi Iverson, 695 Paula Rd., Point Roberts, questioned the closure of public access to the beach, stating that many people walk around the entire point using the beach. He supports public access. Mr. Serka affirmed that while there will be no.public access in the development, people will not be stopped from walking on the beach. Henry Peltier, 1454 Peltier Dr., Point Roberts, stated that as a volunteer fireman he has been involved in putting out numerous fires from beach parties. He supports the developer having a private beach. Mr. Michael Eivemark, geotechnical engineer from the firm of Robinson Dames & Moore, project engineer for the Seacliffe develop- ment, presented a report on the geotechnical impacts on the proposed Seacliffe development, entered as exhibit 16. Becker asked Mr. Eivemark about the proposed time span of the development lasting for 50 -100 years. Mr. Eivemark replied that this is not an estimate based on an economical view, but that it is considered the "norm" for determining the life of residences. The Council took a five minute recess at 5:55 p.m. The meeting reconvened at 6:05 p.m. Mr. John Stewart, architect for the proposed Seacliffe project, highlighted two major issues addressed thus far: condominiums can be built safely here, and fire safety will be heightened by the use of fire sprinklers in the units. He submitted a letter from Dave Langford, Fire Marshal, entered as exhibit 17, regarding fire safety in the proposed project. Special Council Meeting September 27, 1984 Page 3 Becker asked about the liability of the County if there was to be a landslide. Mr. Stewart replied that architecture in the U.S. incorporates "state -of- the -art" practices in determining the feasibility of building certain structures. The "state- of- theyart" technology utilized-in this development has determined that this project can be built safely. Mr. Serka replied that the south slope was the slope found to be unstable, and a covenant on the plat will state that geotech- nical consultants hired by Whatcom County and the developer have identified the slopes adjacent to the southerly lots to be potentially unstable due to geography, groundwater, the rate of recession, and the slope is irregular and unpredictable. Whatcom County takes no responsibility for potential damage to structures or liability for personal injury. Mr. Serka stated that Council should ask their legal counsel as to the liability of the County in the project. Mrs. Lawrence Crosetti, 769 Clare Lane, Point Roberts, (also 8269 Tracyton Blvd. N., Bremerton, Washington) stated that she is an adjacent property owner, and she expressed concern that the proposed development would eliminate a natural habitat used by the eagles for nesting purposes. She is also concerned that the beach be maintained for those who wish to walk on it. Phil Herring, 5637 Booth Ave., Burnaby B.C., owns neighboring property on the north side of the proposed development.and is concerned that the tidelands in front of his property, which are owned by Welsh Development, Inc., would be changed so as to cut off access of the beach. He also expressed concern about the maximum development of the other 47 acres of the project, and urged the Council to be careful in their decision making. Cole asked Mr. Serka if a condition could be drafted to continue to protect the neighbors' historical use of the beach. Mr. Serka stated that something to that effect could be drafted, with the understanding that there would have to be a proviso regarding certain things that couldn't be done. Mary Forster, teacher of science education at the University of British Columbia, spoke in support of controlled public access to the beach for educational groups. She also presented a letter from Dr. Wild, dated September 25, 1984, which was entered as exhibit 18, and letters from Wilbert R. Danner and Don Easterbrook, entered as exhibits 19 and 20, respectively. She also spoke in sup- port of allowing night -time access to educational groups for tidal studies. Special Council Meeting, September 27, 1984 Page 4 Ruby White, 1783 Edwards Dr., Point Roberts, spoke in support of the condominium development and access to the tidelands, but stated that public access should not be required of the development. Sylvia Schonberg, 27929 - 80th N.W., Stanwood, Washington, spoke in support of the State of Washington buying the property in question in order to maintain the property for public use. Carl Jackson, 1615 Edwards Dr., Point Roberts, representing Water District 4 Commissioners, stated that the Water District had been able to move forward in terms of the water shortage problem in Point Roberts due to the financial support received from Welsh Development, Inc. Sid Wallace, South Beach Road, Point Roberts, urged the Council to look at the potential of Point Roberts and spoke in support of the development. Mary Battin, 119 Kilarney Place, Point Roberts, spoke in support of the proposed development and progress in Point Roberts. The public hearing was closed at 7:10 p.m. Chairman Roehl stated that the record would be held open in this matter until 4:30 p.m. on October 4, 1984. Johnson suggested that a Committee of the Whole meeting be scheduled in order to discuss this issue. Roehl stated that he would like to receive staff reactions now that the public hearing and site visit have been conducted. The meeting was adjourned at 7:15 p.m. ATTEST: Carol Ebergson Clerk of the Cou cil WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Acting Chairman