FERNDALE
Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of May 6, 2024.
Ordinance #2240
An ordinance relating to the acquisition of property necessary for the Ferndale Terrace project by eminent domain
Ordinance #2241
An ordinance relating to the acquisition of property necessary for the Main Street Project by eminent domain
Ordinance #2242
An ordinance amending FMC 5.20, Peddlers and Solicitors
Full texts of the above document(s) are available at Ferndale City Hall, posted on the City’s website, (www.cityofferndale.org) or will be mailed upon request
Susan Duncan, City Clerk
Published May 8, 2024
NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project using the Optional DNS process (WAC 197-11-355).
Pursuant to Title 14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Wireless Policy Group for PSTC
Attn: Carly Nations
22500 SE 64th Place, Ste 130
Issaquah WA 98027
APPLICATION NUMBER’S:
24002-CUP, 24004-SE, 24001-SPR, and 24002-VAR
DATE OF APPLICATION’S:
24002-CUP (04-26-24), 24004-SE (04-26-24), 24001-SPR (03-15-24), and 24002-VAR (04-26-24)
PROJECT LOCATION: 6081 Church Road, Ferndale WA 98248
Parcel Number: 3901245415220000
Legal descriptions: LOT 4 THORNTON/CHURCH SHORT PLAT AS REC AF 2120802750
PROJECT DESCRIPTION: Public Safety Towers Company (PSTC) is planning a new wireless communications facility (WCF) at the specified address, including a 106 ft monopine within a 1,210 sq ft lease area to support AT&T’s equipment and two future carriers.
The following reports have been prepared directly related to this project:
• Wetland Delineation, October 2007
• Wetland Delineation Addendum, April 2024
• Geotechnical Letter, April 12, 2024
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A:
Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD:
May 8, 2024 – May 22, 2024
CONTACT: Michael Cerbone, SEPA Administrator
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Conditional Use Permit, City of Ferndale Hearing Examiner
3. Variance Approval, City of Ferndale Hearing Examiner
4. Building Permit, City of Ferndale
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process. In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH: During construction, the contractor will implement City of Ferndale’s erosion prevention measures, including silt fences, straw waddles, and adherence to the Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization.
AIR: During construction, erosion and sediment control measures will be implemented, including soil spraying to reduce dust, minimizing vehicle idling, covering dump trucks, and conducting regular vehicle inspections.
WATER: The contractor will install Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP), and build a stormwater management system meeting current Department of Ecology manual requirements. The project will comply with all City of Ferndale Critical Area requirements, as well as state and/or federal requirements.
ENVIRONMENTAL HEALTH:
Construction will adhere to Ferndale Municipal Code’s legal working hours, typically from 7am to 10pm. Spills during construction or daily use will be promptly managed following City of Ferndale and Washington State Department of Ecology standards. Hazardous materials on-site will be stored per state and local regulations. Equipment will be monitored closely for potential leaks.
PLANTS: All site landscaping shall comply with City of Ferndale landscape standards. Landscape design will enhance native vegetation and supplement native soils with compost amendments.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure will be constructed to City standards.
LIGHT AND GLARE: Any lights shall be directed downward to reduce spillage into surrounding properties.
PUBLIC SAFETY: Fire protection infrastructure will meet Fire District Requirements. Construction traffic control will be coordinated among the applicant, Ferndale Public Works Department, and Ferndale Police Department.
CULTURAL RESOURCES:
Inadvertent Discovery of Archaeological Resources:
Should archaeological resources (e.g., shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).
Published May 8, 2024
NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project using the Optional DNS process (WAC 197-11-355).
Pursuant to Title 14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT:
Silver Hawk Partners LLLP
303 Potter Street
Bellingham WA 98225
APPLICATION NUMBER’S:
24002-SE, 24001-PUD
DATE OF APPLICATION’S:
01-19-24 (24002-SE) 01-19-24 (24001-PUD)
PROJECT LOCATION:
0 Labounty Drive, Ferndale WA 98248
Parcel Number: 3902333443050000
Legal descriptions: DOWNIE’S ADD TO NORTH BELLINGHAM LOTS 11-14 LY SWLY OF HWY-EXC PTN TO HWY-TOG WI THAT PTN OF VAC FRANK ST
5094 Labounty Drive, Ferndale WA 98248
Parcel Number:
3902333372320000
Legal descriptions: N 1/2 NW SE-N 1 ROD SW NW SE-EXC PTN DAF-BEG AT INTERS OF E LI OF LABOUNTY RD-S LI OF N 1 ROD OF SW NW SE-TH ELY ALG S LI 264 FT-TH N PAR TO E RD LI 330 FT-TH W 264 FT-TH S ALG RD LI 330 FT-
PROJECT DESCRIPTION: The proposal comprises 246 multifamily units in eight buildings, 50 townhouse units in 14 buildings, and 14 live/work units in four buildings. Additionally, there’s a 4,200 square-foot commercial building, a large commercial pad, and a community building, totaling 28 buildings. It includes 515 parking stalls and improvements like stormwater management, utilities, roadways, landscaping, and open space. Onsite critical area impacts will be mitigated per Ferndale Municipal Code.
The following reports have been prepared for this project:
• Traffic Impact Analysis dated April 2024
• Critical Areas Assessment, revised December 2022
• Mitigation Plan, dated January 2024
• Cultural Resources Report dated, February 2023
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A:
Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD:
May 8, 2024 – May 22, 2024
CONTACT: Michael Cerbone, SEPA Administrator
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Land Disturbance Permit, City of Ferndale
3. Building Permit, City of Ferndale
4. Department of Ecology NPDES Construction Stormwater Permit
5. PUD Approval, City of Ferndale Hearings Examiner
The lead agency finds no significant environmental impact from the project; mitigation measures align with City of Ferndale regulations and review process. Beyond current city regulations, the following mitigation measures are proposed:
EARTH: During construction, the contractor will implement City of Ferndale’s erosion prevention measures, including silt fences, straw waddles, and adherence to the Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization.
AIR: During construction, erosion and sediment control measures will be implemented, including soil spraying to reduce dust, minimizing vehicle idling, covering dump trucks, and conducting regular vehicle inspections.
WATER: The contractor will install Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and propose a stormwater management system meeting current Department of Ecology manual requirements. The project will comply with all City of Ferndale Critical Area requirements, as well as state and/or federal requirements.
ENVIRONMENTAL HEALTH: Construction will adhere to the Ferndale Municipal Code’s legal working hours, typically from 7am to 10pm. Spills during construction or daily use will be promptly managed following City of Ferndale and Washington State Department of Ecology standards. Hazardous materials on-site will be stored per state and local regulations. Equipment will be monitored closely for potential leaks.
PLANTS: All site landscaping shall comply with City of Ferndale landscape standards. Landscape design will enhance native vegetation and supplement native soils with compost amendments.
ANIMALS: The proposal is not projected to affect any priority habitats or listed species and therefore does not contain measures to further preserve or enhance wildlife.
TRANSPORTATION: Traffic impact fees are due upon building permit approval at the current TIF rate. Access roads shall meet City standards. Offsite improvements outlined in the April 2024 Traffic Impact Analysis are required mitigations.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure will be constructed to City standards.
LIGHT AND GLARE: Light from streetlamps will be directed towards the roadway to reduce spillage into surrounding properties.
PUBLIC SAFETY: Fire protection infrastructure will meet Fire District Requirements. Construction traffic control will be coordinated among the applicant, Ferndale Public Works Department, and Ferndale Police Department.
RECREATION: The project proposes constructing active and passive open space consistent with the Ferndale Municipal Code. Payment of park impact fees shall be paid pursuant to building permit approval
CULTURAL RESOURCES:
Inadvertent Discovery of Archaeological Resources:
Should archaeological resources (e.g., shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).
Published May 8, 2024
NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project using the Optional DNS process (WAC 197-11-355).
Pursuant to Title 14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: DL Skagit Properties
Attn: Tom Lane
10515 Evergreen Way
Everett WA 98204
APPLICATION NUMBER’S:
24003-SE, 24002-PUD
DATE OF APPLICATION’S:
02-02-24 (24003-SE) 01-26-24 (24002-PUD)
PROJECT LOCATION: 5701 Shannon Avenue, Ferndale WA 98248
Parcel Number: 3902191330350000
Legal descriptions: FERNDALE WEST SPECIFIC BINDING SITE PLAN NO 2 AS REC BOOK 2 BINDING SITE PLANS PG 97
5725 Shannon Avenue, Ferndale WA 98248
Parcel Number: 3902191330880000
Legal descriptions: FERNDALE WEST GENERAL BINDING SITE PLAN AS REC BOOK 2 BINDING SITE PLANS PG 20-EXC FERNDALE WEST SPECIFIC BINDING SITE PLAN NO 2 AS REC BOOK 2 BINDING SITE PLANS PG 97
0 Church Road, Ferndale WA 98248
Parcel numbers: 3902190931110000
Legal descriptions: LOT B BLACK TAIL MEADOWS LLA AS REC AF 2020-1200886
PROJECT DESCRIPTION:
The applicant proposes to build a multi-family community with a total of 261 high-density residential units in eleven (11), three-story apartment buildings on approximately 8.6 acres on the Shannon Heights property. On the Rosemary Meadows property the applicant proposes twenty-two (22) single-family residences on 3.67 acres. The overall design includes interior access streets, onsite parking as well as connections to public utilities and stormwater mitigation facilities. Community open spaces, playgrounds, and a public trail along the west bank of Schell Creek provide recreational opportunities. The project also includes landscaping and utility improvements. Wetland impacts will be mitigated off-site. The project proposed impacts to lands covered by water, therefore a SEPA determination is required.
The following reports have been prepared directly related to this project:
• Traffic Impact Analysis dated April 2024
• Wetland and Fish and Wildlife Habitat Assessment dated March 2023
• Conceptual Mitigation Plan, dated July 2023
• Tenmile Creek Wetland Mitigation Plan dated, July 2023
• Cultural Resources Report dated, March 1, 2023
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A:
Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD:
May 8, 2024 – May 22, 2024
CONTACT: Michael Cerbone, SEPA Administrator
[email protected]
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Land Disturbance Permit, City of Ferndale
3. Building Permit, City of Ferndale
4. Department of Ecology NPDES Construction Stormwater Permit
5. Planned Unit Development Approval, City of Ferndale Hearings Examiner
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process. In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH: During construction, the contractor will install all appropriate measures and Best Management Practices (BMPs) will be in place to prevent erosion as required by the City of Ferndale, including mechanisms such as silt fences and straw waddles that are designed to capture sediment. Compliance with the City’s Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization is required.
AIR: Erosion and sediment control best management practices will be used during construction. Spraying the disturbed soil with water will limit the amount of dust. The idling of work vehicles will be reduced or eliminated, dump trucks will be covered, and regular inspection of vehicles will be performed.
WATER: The contractor will implement Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and construct an engineered storm water management system designed to meet current Department of Ecology manual requirements.
Stormwater will be treated according to current standards in the current edition of the DOE Stormwater Management Manual for Western Washington and the Highway Runoff Manual.
The project includes impacts and mitigation to known critical areas. The project shall comply with all City of Ferndale Critical Area’s requirements, as well as with state and/or federal requirements.
ENVIRONMENTAL HEALTH: Construction will be limited to the legal working hours for construction as stated in the Ferndale Municipal Code. Generally, working hours will occur between 7am to 10pm; however, utility work may be scheduled overnight in limited circumstances to limit impacts on utility customers.
Any potential spills during construction activities and subsequent daily use will be addressed immediately in accordance with City of Ferndale and Washington State Department of Ecology standards and requirements.
Any hazardous materials onsite during construction or as part of subsequent daily use must be stored in accordance with adopted State and local regulations.
Construction equipment will be closely monitored onsite to identify any possible leaks.
PLANTS: Native plants will be installed within the bioretention facilities to enhance vegetation.
All site landscaping shall comply with City of Ferndale landscape standards. Landscape design will enhance native vegetation and supplement native soils with compost amendments.
ANIMALS: The proposal is not projected to affect any priority habitats or listed species and therefore does not contain measures to further preserve or enhance wildlife.
TRANSPORTATION: Payment of traffic impact fees shall be paid pursuant to building permit approval and subject to the most recent TIF rate. The access road will be constructed to City standard.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure will be constructed to City standards.
LIGHT AND GLARE: Light from streetlamps will be directed towards the roadway to reduce spillage into surrounding properties.
PUBLIC SAFETY: Provision of fire protection infrastructure per Fire District Requirements; traffic control during construction shall be coordinated between the applicant, Ferndale Public Works Department and the Ferndale Police Department.
RECREATION: The project proposes constructing a trail through the northeast portion of the property for pedestrian connectivity pursuant to the City’s Parks and Trails Master Plan. The applicant shall make this trail available to the public in perpetuity.
CULTURAL RESOURCES:
Inadvertent Discovery of Archaeological Resources:
Should archaeological resources (e.g., shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).
Published May 8, 2024
PROBATE NOTICE TO CREDITORS
SUPERIOR COURT OF THE STATE OF WASHINGTON FOR WHATCOM COUNTY
In the Matter of the Estate of ANTHONY C. ZOLD, Deceased.
Cause No. 24-400335-37
PROBATE NOTICE TO CREDITORS (RCW 11.40.030)
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: (1) thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and non-probate assets.
Date of First Publication:
May 1, 2024
Personal Representative:
DIANE D. LAVEILLE
Attorney for Personal Representative: Andrew Heinz, WSBA # 37086
Address for Mailing or Service: North Sound Law Group, PLLC, 300 N. Commercial St., Bellingham, WA 98225; Phone: 360-671-7700
Published May 1, 8 & 15, 2024
