The 19 Acres Mystery

from this week’s North Coast News:

Another year, another controversy. More curious Ocean Shores politics; another mystery . . .

So the City of Ocean Shores has a stretch of 19 acres right next to the Weatherwax that is simply being used for dumping sand and asphalt and the like.

Since the City is in such economic crisis that it laid off eight workers, and Mayor Dean Bunkers has stated he may have to lay off more, and since some in City government had been hoping to sell the Weatherwax, until that was pretty much shot down by November’s “retain” landslide vote . . . 

Well, why not sell this 19 acres and boost the City’s banking account?

It’s an idea, but not likely to be a quick fix, nor a direct one. For starters, at the last City Council meeting, council members voted to send the question of zoning those 19 acres to the Planning Commission. The land was purchased by the City in 1997, for $350,000, and given R-1 Residential zoning.

In 2004, there was discussion in council about whether to change a small portion of that land to B-2 Commercial zoning.

Then, somehow (paging Detective Columbo) the entire area was designated B-2.

So now the lucky members of the Planning Commission get to try to figure out what to do with the area, which may meet the “Critical Area” definition, with regard to the recently passed Critical Areas Ordinance. (Which occupied much of the Planning Commission’s time in 2008.)

Even if the Planning Commission recommends the area returned to R-1 Residential, and even if City Council votes on that, and puts some or all of those 19 acres up for sale . . .  Any sales revenue would not go directly to the City’s general fund.

As Ken Lanfear, director of public works, explained, via email:

“The entire 1997 $350,000 purchase, plus some additional for closing and legal costs, came equally from the Water, Sewer and Storm utilities.

 “If the City were to sell the property all of the proceeds would have to go to the utilities. To do otherwise would again be an inappropriate transfer of utility funds to some other City fund. Also, any profit from the sale would accrue to the utilities: the City can not make an investment with utility money and give the profits to the general fund: these monies belong to the utilities as enterprise or wholly owned subsidiaries of the city.”

Lanfear also explained (in part, at least) the zoning controversy:

“The ordinance as signed in 2004 does designate the entire property as B-2. This, however, is where it gets ‘cloudy.’ The minutes of the council action adopting the rezone ordinance indicate that the council’s intention was to separate off a portion on the north side, zone it as B-2, and leave the remainder as R-1. Still, though, per the signed ordinance, the (entire) property is B-2. 

“That is why we brought it to the council, and per council instruction, will receive a full public hearing before the Planning Commission.”

There is also an angle that doesn’t sit well with some local residents: How did so much of this land get clear-cut, without any public input and/or permitting?

How this happened is another mystery, worthy of Peter Falk’s skills. 

Since he’s not available, we turn again to Lanfear:

“The ‘clearing’ occurred sometime prior to my employment in mid-2005. From discussion with staff, it has been suggested that the re-zone discussion in the fall of 2004 was to correct the zoning to align with the expected use of the property when purchased in 1997 and that using the site had been based on an ‘assumption’ that the property was for public works use. . . .

“We have no record of a permit being issued; and yes, one should have been issued, and would be required today under the controls now in place.”

Asked whether he will investigate the circumstances behind he clearing, and other issues of the “19 Acre Mystery,” Mayor Dean Bunkers replied:

“ . . .As far as trying to assign culpable responsibility through an investigation I can not justify the time or money. . . .  

 “What is important is having the Planning Commission get all the facts together, have a public hearing, and wait for their recommendation on what is the best path for the City to follow. Ultimately the City Council will make the final decision on what to do with the property.  I have confidence that the City Council will make the right decision based on the Planning Commission findings and public input.”

Lanfear said there will be no more major changes in the mysterious area:

“My instruction to staff is to not further infringe on the property, i.e., no additional clearing, etc. The actual disturbed portion of the property is probably 15%  to 20%, just looking at the aerial shot. The area that was cleared and put into stockpile and staging use continues to be needed, consistent with the ordinance effected zoning.”