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Fight brewing over Weatherwax
Tuesday, September 11, 2007 11:01 AM PDT
But a group of residents working to preserve all of the Weatherwax property has hired a well-known environmental lawyer in an attempt to slow — and perhaps prevent altogether — any development inside the forested tract.
At issue is “The Point” portion of the property — a small peninsula jutting out into Duck Lake. Selling “The Point” is part of the council-approved plan to move downtown golf course holes to the western portion of the Weatherwax property and sell several city-owned parcels in order to finance city facilities upgrades.
During last night’s meeting, disgruntled residents asked the council to slow down the process or put the issue on the ballot, but the council voted 3-1 to surplus the point. Dave Creighton cast the dissenting vote. Mayor Mike Patrick was ill and did not attend the meeting.
Citizens for Balanced Growth has hired Knoll Lowney, a Seattle attorney who helped the Friends of Grays Harbor delay the Links at Half Moon Bay project in Westport for years.
In a letter to the council and City Manager Rich McEachin, Lowney wrote, “If the city continues down its current path, we plan to use all resources and legal tools at our disposal to prevent development of the point property. We are confident that this irresponsible development can be forestalled for several years, if not indefinitely.
“The city’s rush to offer this property for sale will be of little benefit if potential developers understand that their proposed development will be subject to intense legal scrutiny.”
McEachin told The Daily World the hiring of Lowney was a threat directed primarily toward developers. “It’s my understanding that they anticipate fighting any developer who plans to develop the property.”
McEachin said the city would have to inform prospective buyers of the attorney’s letter, adding, “(Lowney) doesn’t do anything unless he’s paid. ... They had big bucks to do what they did in Westport, and I don’t know how much money (Citizens For Balanced Growth) has.”
“The Point” was recently appraised at $2.35 million, up from McEachin’s initial estimate of $1.8 million. The city is in the process of surveying all of the Weatherwax property in order to establish individual parcels zoned for single-family homes.
Lillian Broadbent said the city is putting the cart before the horse. “The citizens have paid for a new Comprehensive Plan that is in its final stages. The citizens have paid a consultant to draw up a critical areas ordinance ... and the Weatherwax (property) has not yet been subdivided.” The “surplus” declaration shou ld wait until those items are completed, she said.
Lowney’s letter also said the council’s decision was made “before the Planning Commission has even made final decisions about the appropriate uses of the property, before the property has been platted and before an adequate legal description is even completed.”
The Comprehensive Plan, the survey and the critical areas ordinance are all nearly completed, McEachin said, and they wouldn’t put a stop to development of the Weatherwax property anyway.
The city doesn’t have an offer or an interested party, the city manager said this morning, but many residents are concerned about a gated community or condominiums being built. In order for a developer to build anything other than homes, he would need to petition the council for a zoning change, McEachin added.
Councilman Nick Johnson said he would not vote for a zoning change, but added, “This council can’t restrict a future council from doing whatever they want.”
So me residents debated whether houses on “The Point” would upset the ecosystem of the Weatherwax property.
“The Weatherwax (property) is not going to be destroyed by what we do here,” Larry Phoenix said. “I say we move forward and put this issue behind us.”
But Marlene Penry said the city didn’t need any more lots for sale. “We have 1,122 parcels for sale; 368 of them are waterfront. Do we need to create any more single-family lots?”
McEachin said he and City Attorney Art Blauvelt, who has experience with property transactions as the attorney for the Port of Grays Harbor, will begin advertising “The Point” soon.
“We anticipate it taking a while before it’s all said and done,” he said.
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