Legals- August 5, 2020

FERNDALE

CITY OF FERNDALE
REQUEST FOR QUALIFICATIONS FOR Civil and Structural Engineering Services

The City of Ferndale, Washington solicits interest from consulting firms with expertise in Civil and Structural design for the Malloy Avenue/Whiskey Creek Culvert Replacement Project. Other phases of work may be added to the contract as funding becomes available.
A copy of the document that lists the requirements for submission of this RFQ may be obtained from the City’s website at http://www.cityofferndale.org/
The submittal date for the RFQ is 5:00PM, Friday, August 21, 2020. Questions regarding this RFQ should be directed to Katy Radder, Public Works Project Manager, (360) 685-2377 or via email at [email protected].

Published July 29 & August 5, 2020

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.
Pursuant to Title14 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: Francine St. Laurent, AVT Consulting LLC
APPLICATION NUMBER(S): 19007-SE, 19006-SPR, 19002-SH, 19001-BSP and 19002-CUP.
DATE OF APPLICATION(S): 19006-SPR (07/16/2020, 19001-BSP (08/14/2019) 19007-SE (07/16/2020), 19002-SH (07/16/2020), 19002-CUP (07/16/2020)
PROJECT LOCATION: The subject property consists of three tax parcels and is currently addressed as 100 Riverside Drive in Ferndale, WA (the “Property”). The Property is approximately 70 acres in size. It is located within Section 29, Township 39 North, Range 02 East, W.M
Parcel Numbers: 390229 360476 0000 & 390229 365535 0000 & 390229 380510 0000
PROJECT DESCRIPTION: The applicant proposes to construct a new mixed-use development with one 5,800 square foot commercial building with a drive thru and three residential multifamily buildings (ranging from three to four stories in height) with up to 240 units. The structures will be located on the southern portion of the 70-acre property. The remaining portions of the property will be left in a natural state with critical area enhancement.
The driveway serving Taco Time will provide access and will be constructed as a new public right of way with utility extensions, curbs, gutters, sidewalks, and street trees.
The project also includes necessary stormwater facilities, parking areas, a public trail, trash facilities, landscaping, lighting,
Land Disturbance activities include approximately 150,000 cubic yards of combined fill and grade to of fill of existing wetland areas to create level building pad (at the appropriate base flood elevation) for future development. A wetland and flood mitigation area will be created to mitigate the filled wetlands and proposed fill within the flood plain.
The project is located within the FEMA 100-year floodplain and is in the Shoreline Jurisdiction, therefore a SEPA checklist is required. The Mixed-Use project is located in the Conservancy Shoreline Jurisdiction; therefore, a Shoreline Substantial Development Permit and a Shoreline Conditional Use approval is required.
A public hearing will be noticed at a future date.
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: August 05 – 19, 2020
CONTACT: Haylie Miller, 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. Shoreline Substantial Development Permit
3. Land Disturbance Permit, City of Ferndale
4. Building Permit, City of Ferndale
5. Binding Site Plan, City of Ferndale
6. Site Plan Review Application, City of Ferndale
7. Nationwide Permit 29 and 39, Army Corps of Engineers
8. NPDES, and Construction Stormwater General Permit Ecology
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.
Compliance with City Floodplain Regulations.
Outside materials and storage shall be minimized and shall be placed in an area or at an elevation that will prevent leaks, contamination, or additional debris from entering the floodplain during a flood event.
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. Idling of work vehicles will be reduced or eliminated.
WATER: 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.
The applicant will comply with all applicable City, Ecology and FEMA floodplain regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
PLANTS: The site development will incorporate landscaping plans per City of Ferndale regulations. Mitigation plantings for wetland buffer impacts will be implemented onsite. Site to be revegetated after the land disturbance.
ANIMALS: Mitigation plantings and maintenance of open space.
ENERGY: The project will be built to modern emission standards.
ENVIRONMENTAL HEALTH:
All construction activities will be limited to daylight hours, generally between 7 am and 7 pm.
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. The City reserves the right to require that the quantity and type of materials be identified.
Construction equipment will be closely monitored when onsite to identify any possible leaks.
LIGHT AND GLARE: All parking and loading will occur behind (to the west of) the building.
LAND AND SHORELINE USE: The project will comply with the City’s Shoreline Master Program and the Mixed-Use Zoning Regulations.
HOUSING: Buildings will comply with Shoreline regulations and the City’s design guidelines. Payment of applicable storm, park, traffic, and school impact fees. Payment of water and sewer connection fees.
AESTHETICS: The proposed building design includes architectural details on the street-facing facades and will include open space and landscaping around all new buildings and throughout the development.
LIGHT AND GLARE: Landscape buffering will be added as necessary and lighting will be downward facing.
RECREATION: The development will have sufficient common useable space. Compliance with the City’s Parks, Recreation and Trails Master Plan is required. A public access easement shall be provided for the trail. Pet waste disposal stations are required at each end of the trail.
TRANSPORTATION: Payment of traffic impact fees. Access roads will be constructed to City standard. A traffic impact analysis shall be reviewed and approved by the City prior to site plan approval. Off-site improvements will be determined (if applicable) during the review of the traffic impact analysis.
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 August 5, 2020

NOTICE OF PUBLIC HEARING

The City of Ferndale City Council will hold a public hearing to consider the proposed zoning text amendments described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The City Council meeting will be held beginning at 5:00 p.m. on Monday, August 17, 2020 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the City Council. Written comments should be submitted by 4:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2367.
DATE OF NOTICE: August 05, 2020
DATE OF PUBLIC HEARING: August 17, 2020
APPLICANT: City of Ferndale
PROJECT LOCATION: Citywide – Properties zoned Mixed Use Commercial in the City of Ferndale.
PROJECT DESCRIPTION: The City recognizes that the future vitality of the Mixed-Use Commercial Zone will rely upon a combination of residential and non-residential uses which should remain in-balance through market fluctuations. In order to preserve opportunities for non-residential uses in a market that is driven by residential development, the City proposes to require that developments reserve space for non-residential uses in the Mixed-Use Commercial Zone. Staff proposes to require a minimum amount of non-residential uses within each development based on a sliding scale determined by the property size.
REQUESTED ACTION(S): The City of Ferndale requests approval of amendments to the Ferndale Municipal Code.
PUBLIC COMMENT PERIOD: August 05, 2020 – August 17, 2020
CONTACT: Haylie Miller, Community Development Director
Public Comments: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
Phone: (360) 685-2367
City Hall: 2095 Main Street – second floor

Published August 5, 2020

NOTICE OF PUBLIC HEARING

The City of Ferndale City Council will hold a public hearing to consider the proposed zoning text amendments described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The City Council meeting will be held beginning at 5:00 p.m. on Monday, August 17, 2020 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the City Council. Written comments should be submitted by 4:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2367.
DATE OF NOTICE: August 05, 2020
DATE OF PUBLIC HEARING: August 17, 2020
APPLICANT: City of Ferndale
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The City proposes to revise the existing Planned Unit Development (PUD) regulations. The existing Residential PUD and Commercial PUD chapters will be combined into one, global PUD chapter. The code will be updated to revise any dated references. The changes proposed will provide additional flexibility related to development standards, lot design, site area, setbacks, permitted uses, perimeter buffers, open space options, parking, and other zoning regulations.
REQUESTED ACTION(S): The City of Ferndale requests approval of amendments to the Ferndale Municipal Code.
PUBLIC COMMENT PERIOD: August 05, 2020 – August 17, 2020
CONTACT: Haylie Miller, Community Development Director
Public Comments: [email protected]
Mail: P.O. Box 936 Ferndale, WA 98248
Phone: (360) 685-2367
City Hall: 2095 Main Street – second floor

Published August 5, 2020
LEGAL
Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of August, 2020

Ordinance #2146
An ordinance amending the Unified Fee Schedule
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 August 5, 2020

NOTICE OF NONDISCRIMINATORY POLICY AS TO STUDENTS

Providence Christian School N.W. admits students of any race, color, national and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students at the School. It does not discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, scholarship and loan programs, and athletic and other school-administered programs.

PROVIDENCE
CHRISTIAN SCHOOL N.W.

Published August 5, 2020.

SUMMONS BY PUBLICATION

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
SAVIBANK, a Washington bank,
Plaintiffs,
v.
AARON M. LANCASTER, a single man; DENNIS DEMEYER AND DELORES DEMEYER, husband and wife; ANGELA SHORES QUINN; a married woman; WELLS FARGO BANK, N.A.; STATE OF WASHINGTON, DEPARTMENT OF LABOR AND INDUSTRIES; JOHN AND JANE DOES, Nos. 1 through 5, unknown occupants of the subject real property; and all other persons or parties unknown claiming any right, title, estate, lien or interest in the real property described herein,
Defendants.
N
No. 20-2-00733-37
SUMMONS BY PUBLICATION
(Judge Olson)
THE STATE OF WASHINGTON TO THE SAID DEFENDANTS JOHN AND JANE DOES, Nos. 1 through 5, unknown occupants of the subject real property and all other persons or parties unknown claiming any right, title, estate, lien or interest in the real property described in the Complaint:
You are hereby summoned to appear within sixty days after the date of the first publication of this Summons, to wit, within sixty days after the 1st day of July, 2020, and defend the above-entitled action in the above-entitled Court, and answer the complaint of the Plaintiff, SaviBank, and serve a copy of your answer upon the undersigned attorney for Plaintiff, Bryan L. Page, at his office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the Complaint, which has been filed with the Clerk of said Court. This action is to foreclose on a Mortgage encumbering real property commonly known as 3128 Brown Road, Ferndale, Washington, and fully legally described in the Complaint, as against all interests junior in priority.
DATED this 24th day of June, 2020.
CARMICHAEL CLARK, P.S.
Bryan L. Page
WSBA #38358
Attorney for Plaintiff
1700 D Street
P.O. Box 5226
Bellingham, WA 98227
(360) 647-1500

Published July 1, 8, 15, 22, 29 and August 5, 2020