LYNDEN

ORDINANCE NO. 1617

AN ORDINANCE REZONING CERTAIN PROPERTY

IN THE CITY OF LYNDEN, WASHINGTON

WHEREAS, the City of Lynden fixed the 4th day of January, 2021, as the date to consider the Koda Investments, LLC site specific rezone for the following property from Multi-Family Residential (RM-4) to Residential Multi-Family (RM-2).

WHEREAS, the Proponents have provided the City with an affidavit for the posting of the notice of application and public hearing in three locations near the Property, and the receipts for the certified mailing of said notice to all property owners within three hundred feet of the Property; and

WHEREAS, the Lynden Planning Commission held a public hearing on December 10, 2020, to accept public testimony on the proposed rezone, and that meeting was duly recorded; and

WHEREAS, Planning Commission Resolution #20-10, outlines the Commission’s recommendation of approval for the proposed Koda Investments Rezone.

WHEREAS, on January 4, 2021, the Lynden City Council did convene and inquire into the proposed change of zone, and has determined to grant the rezone request as submitted; and

WHEREAS, after careful consideration of the record for the Koda Investment Rezone request, the Lynden City Council enters the following Findings of Fact regarding the proposed rezone, provided the conditions set forth in Section 2 herein are met;

1. Notice.  Proper notices of the hearing were published and posted within the vicinity of the property as required by law.

2. Location.  The subject property is located at 295 S BC Avenue, Lynden, in Whatcom County, Washington.

3. Ownership.  Petitioner, Koda Investments, LLC.  is the owner of the subject property.

4. Request.  Petitioner requests that the subject property be granted a site-specific rezone from Multi-Family Residential (RM-4) to Residential Multi-Family (RM-2).

5. Reason for Request.  The rezone will provide an opportunity for the subdivision of the property, preservation of an existing home, and infill on the vacant portion of the property.

6. Change in Conditions:  Development constraints relating to property access and with critical areas found on the site are inconsistent with a development density that would be permitted under the RM-4 zoning designation.  

7. Comprehensive Plan and City Code.  The proposed rezone is consistent with the Comprehensive Plan land use designation for the property; it is consistent with and satisfies applicable city codes, including LMC 17.09.040 (C); and it will further the goals of the Lynden Comprehensive Plan.

8. Public Health and Safety.  The proposed rezone will promote the health, safety, and welfare of the community by reducing development density on property with limited access and environmentally sensitive critical areas.

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lynden, Washington, as follows:

Section 1:    The zoning map of the City of Lynden and Ordinance No. 1617 adopting said zoning map are hereby amended to rezone the Property to RM-2 (Residential Multi-Family).

Section 2:     This rezone is granted subject to the following conditions:

1. Approval of the Koda Investments Rezone is subject to the findings, conditions and recommendations of the Technical Review Committee Report dated December 1, 2020.

Section 3:    If any section, subsection, sentence, clause of phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.  The council hereby declares that it would have passed this code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, and if, for any reason, this ordinance should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

Section 4:  Any ordinance or parts or ordinances in conflict herewith are hereby repealed.

Section 5:    This ordinance shall be in full force and effect from and after its passage by the City Council and approval by the Mayor, if approved, and acknowledgment by the Petitioner, otherwise as provided by law, five (5) days after the date of publication.

PASSED BY THE CITY COUNCIL OF THE CITY OF LYNDEN, WASHINGTON, AND APPROVED BY THE MAYOR on the 4 day of January 2021

M A Y O R, Scott Korthuis

ATTEST:

CITY CLERK, Pamela Brown

APPROVED AS TO FORM:

CITY ATTORNEY, Robert Carmichael

Published January 6, 2021

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A

REZONE AND PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on November 30, 2020, the City of Lynden received an application from Ashley Gosal, Agent for Fishtrap Creek, LLC, regarding the property described below:

PARCEL A:  A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 40 NORTH, RANGE 2, EAST OF W.M, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF THE GUIDE MERIDIAN ROAD AND COUNTY ROAD NUMBER 51, (FORMERLY KNOWN AS BIRCH BAY LYNDEN ROAD AND NOW KNOWN AS BAY LYN DRIVE): THENCE WEST A DISTANCE OF 533 FEET; THENCE SOUTH, PARALLEL WITH THE CENTERLINE OF SAID GUIDE MERIDIAN ROAD TO THE SOUTH LINE OF SAID QUARTER QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE A DISTANCE OF 533 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID GUIDE MERIDIAN ROAD; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. EXCEPT THE NORTH 300 FEET OF THE EAST 144 FEET THEREOF.

ALSO EXCEPT BEGINNING AT A POINT WHICH IS 422 FEET WEST OF THE INTERSECTIONS OF THE CENTERLINES OF THE GUIDE MERIDIAN ROAD AND COUNTY ROAD NUMBER 51, (FORMERLY KNOWN AS THE BIRCH BAY LYNDEN ROAD AND NOW KNOWN AS BAY LYN DRIVE); THENCE SOUTH PARALLEL WITH THE GUIDE MERIDIAN ROAD A DISTANCE OF 141 FEET; THENCE SOUTH 49” 0 00” WEST A DISTANCE OF 83 FEET; THENCE SOUTH 77” 00” WEST TO THE WEST LINE, EXTENDED SOUTHERLY OF THAT PARCEL DESCRIBED IN WHATCOM COUNTY AUDITOR’S FILE NUMBER 9004302009, THENCE NORTHERLY ALONG SAID WEST LINE AND ITS SOUTHERLY EXTENSION TO THE CENTERLINE OF COUNTY ROAD NO. 51; THENCE EASTERLY THE CENTERLINE OF SAID ROAD NUMBER 51; THENCE EASTERLY ALONG THE CENTERLINE OF SAID ROAD NUMBER 51 A DISTANCE OF 92 FEET TO THE POINT OF BEGINNING.

AND EXCEPT THE RIGHT -WAY FOR BAY-LYN DRIVE LYING ALONG THE NORTHERLY LINE THEREOF, EXCEPT ALSO THE RIGHT-OF-WAY FOR GUIDE MERIDIAN ROAD, LYING ALONG THE EASTERLY LINE THEREOF. ALSO, EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON BY THAT CERTAIN INSTRUMENT RECORDED JUNE 29, 2007, UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2070605388.  SITUATE IN WHATCOM COUNTY, WASHINGTON.

PARCEL B: A TRACT OF LAND IN SECTION 25, TOWNSHIP 40 NORTH, RANGE 2 EAST OF W.M., DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE CENTER OF THE INTERSECTION OF THE GUIDE MERIDIAN ROAD AND COUNTY ROAD NO. 51; THENCE WEST ALONG THE CENTERLINE OF SAID ROAD NO. 51, 144 FEET THENCE SOUTH 300 FEET PARALLEL TO THE CENTER LINE OF GUIDE MERIDIAN ROAD; THENCE EAST 144 FEET PARALLEL TO ROAD NO. 51; THENCE NORTH 300 FEET TO THE POINT OF BEGINNING.  EXCEPT THEREFROM THE GUIDE MERIDIAN ROAD AND BAY-LYN DRIVE LYING ALONG THE WESTERLY LINE THEREOF.

ALSO EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON BY THAT CERTAIN INSTRUMENT RECORDED JUNE 29, 2007, UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2070605388.  SITUATE IN WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS:  8035 Guide Meridian, Lynden.

requesting to rezone approximately 5.66 acres from Commercial Services Regional (CSR) to Commercial Shopping Local (CSL) at the above noted property.  The application was determined to be complete on December 22, 2020, and the notice of completeness was postmarked on December 23, 2020.

A public hearing with the Lynden Planning Commission has been tentatively scheduled for January 28, 2021.  Under Lynden Municipal Code 17.09.100, the final decision for this project must be made within 120 days from the date of the letter of completeness.  Any persons wishing to comment on the application or the proposal may do by submitting their written comments to Heidi Gudde, Planning Director, 300 4th Street, Lynden 98264, by January 20, 2021, or by attending the virtual public hearing to be held at 7:30 P.M. January 28, 2021.

Please Note:  Those interested in participating in the meeting remotely should contact Heidi Gudde at guddeh@lyndenwa.org or (360) 354-5532 before noon on January 28, 2021.  Due to concerns related to the transmission of the COVID-19 virus, all comments received through the mail or submitted electronically will be included as part of the meeting record.  Please feel free to contact the Planning Department for more meeting details.

Published January 6, 2021

LEGAL NOTICE OF

STATE ENVIRONMENTAL POLICY ACT

DETERMINATION OF NON-SIGNIFICANCE

NOTICE IS HEREBY GIVEN that on November 30, 2020, the City of Lynden received a SEPA Checklist from Ashley Gosal, agent for O&S Farms, regarding the proposal described below:

Description of Proposal:  A site-specific rezone of the 5.66-acre site (2 parcels) from CSR (Regional Commercial Services) to CSL (Local Commercial Services).  

Project Location:  

Address:  8798 Guide Meridian, Lynden WA 98264    

Parcel Number:  4002255314420000

Legal Description:  BEAP IN CTR OF INTERS OF GUIDE MERIDIAN-CO RD 51-TH W ALG C/L OF CO RD 51 144 FT-TH S 300 FT PAR TO C/L OF GUIDE MERIDIAN-TH E 144 FT PAR TO CO RD 51- TH N 300 FT TO POB-LESS RD-EXC PTN TO STATE FOR HWY DESC AF 2070605388

Parcel Number:  4002255024310000

Legal Description:     TR IN NE NE DAF-BEG AT INTERS OF C/L OF GUIDE MERIDIAN-CO RD 51 (FKA BIRCH BAY LYNDEN RD-NKA BAY LYN DR)-TH W 533 FT TH S PAR WI C/L OF GUIDE MERIDIAN TO S LI OF NE NE-TH ELY ALG SD S LI 533 FT M/L TO C/L OF GUIDE MERIDIAN-TH NLY ALG SD C/L TO POB-EXC N

After reviewing the environmental checklist and other information on file with the agency, the City of Lynden has determined that this proposal will not have a probable significant adverse impact on the environment should standard conditions be met.  Copies of the DNS are available from the City of Lynden, 300 4th St., WA.  The public is invited to comment on this DNS by submitting written comments to Heidi Gudde, Planning Director, no later than January 20, 2021, at 300 4th Street, Lynden, WA  98264.

Published January 6, 2021

INVITATION TO BID

The City of Lynden will accept sealed bids addressed to Public Works Department, Second Floor, City of Lynden, 300 4th Street, Lynden, WA, 98264 until 10:00 a.m., local time, on Thursday, January 28, 2021, when bids will be publicly opened and read. The City will not consider bids received after that time and date. Address bid submittal as follows:

BID SUBMITTAL ENCLOSED FOR:

DECANT FACILITY

Agreement #WQC-2020-LYNDPW-00067

Project Description: The work to be performed under these specifications consists of furnishing all labor, tools, materials, and equipment necessary for construction of stormwater decant facility located on the City’s existing Public Works Maintenance Yard at 745 East Badger Road on a single 3.84-acre parcel in the City of Lynden, Whatcom County, Washington.

All of the proposed improvements will occur on the 3.84-acre parcel. These improvements include:

• A new four-bay covered decant/vehicle storage facility with vehicle access for cleaning and storage on the East side.

• Relocating a covered Quonset hut (not in this contract)

• Relocating eight uncovered material storage bays (not in this contract)

• Replacement of the existing BST driveway entrance and gravel surface with asphalt

• Associated utility improvements including a stormwater treatment vault, bioretention swale, and infrastructure to convey off-site stormwater water to a new discharge point further west on the access road.

The project will be bid in two separate bid schedules. The City shall award the project to the lowest responsible bidder of the grand total for both schedules. At the City’s sole discretion, the City may elect to delete schedule B if the total bid price exceeds available funds. The time of completion (performance period) for this project is 100 working days.

Pre-Bid Meeting: There will be an onsite pre-bid meeting on Wednesday, January 13, 2021, at 9:00 a.m. The Contractor may elect to attend this meeting, but the meeting is not mandatory. This meeting will be attended by the Owner, Engineer, and others as appropriate in order to discuss work. Please note the requirements of Section 1-02.4 of the WSDOT Standard Specifications.

This contract involves “public work.” Workers performing work in conjunction with the project shall receive the prevailing rate of wage pursuant to the Prevailing Wages on Public Works Act (Chapter 39.12 RCW)

Plans and Specifications for this project may be obtained on-line at Builder’s Exchange at www.bxwa.com Click on “Posted Projects”, “Public Works”, “City of Lynden”, and “Projects Bidding”. Bidders are encouraged to “Register as a Bidder” to ensure that you will receive automatic e-mail notification of future addenda and to be placed on the Bidder’s List.

Bid Bond Required: Each bid shall be accompanied by a bid bond in the form of certified check, cashier’s check or surety bond in an amount equal to at least 5% of the amount of such bid. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid bond shall be forfeited to the City of Lynden.

The City of Lynden reserves the right to reject any and all bids and to waive informalities and minor irregularities in the bidding documents. The City of Lynden is an equal opportunity employer and invites responsive bids from all qualified responsible bidders.

It is anticipated that this project will be funded in part by the Washington State Department of Ecology. Neither the State of Washington nor any of its departments or employees are, or shall be, a party to any contract or any subcontract resulting from this solicitation for bids.

The City of Lynden in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

The Successful bidder will be required to conform to the wage requirements prescribed by the federal Davis-Bacon and Relate Acts which require that all laborers and mechanics employed by contractors and subcontractors performing on contracts funded in whole or in part by SRF appropriations in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits, and determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area.

Questions regarding this project shall be submitted in writing to Robin Nelson, P.E., via fax (425.827.5043) or email (robinn@paceengrs.com). Questions via phone will not be accepted. Bidders shall submit questions no later than 5 days prior to bid opening.

Published January 6 and 13, 2021

NOTICE TO CREDITORS

SUPERIOR COURT OF WASHINGTON

COUNTY OF WHATCOM

In re the Estate of:

Noriko Yokokawa Lao,

Decedent.

No. 20-4-00531-37

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 in which the probate proceedings were commenced. 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(1)(c); 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 nonprobate assets.

Date of filing copy of Notice to Creditors:  12/23/2020

Date of first publication: 12/30/2020

Administrator:

A.  Gregory Lao, 26 Middale Road, White Plains, NY 10605

Attorney for the Estate:  

Penny R. Henderson

POB 229025

Bellingham, WA 98229

 (360) 733-8180

DATED this 23 day of December, 2020.

PENNY R. HENDERSON, WSBA 28408

Attorney for Estate

Published December 30, 2020, January 6 & 13, 2021


PROBATE NOTICE TO CREDITORS

IN THE SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY

In Re the Estate of:

JAMES J. WILLIAMSON,

 Deceased.

 CASE NO.: 20-4-00634-37

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 in which the probate proceedings were commenced. 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(1)(c); 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 nonprobate assets.

Date of First Publication:

December 23, 2020

Personal Representative:    

Toby J. Williamson

Attorney for Personal Representative: Kyle S. Mitchell

Address for Mailing or Service:    

Shepherd and Allen

2011 Young Street, Suite 202

Bellingham, WA  98225

(360) 733-3773

Court of probate proceedings and cause number:

Whatcom County Superior Court

Cause No. 20-4-00634-37

DATED this 18 day of December 2020.

SHEPHERD AND ALLEN

Douglas R. Shepherd, WSBA #9514

Kyle S. Mitchell, WSBA #47344

Of Attorneys for Personal Representative

Published December 23, 30, 2020 & January 6, 2021

PUBLIC NOTICE

Determination of Nonsignificance

Project Description

A non-project action to adopt the Whatcom County Water District #13 Small Water System Management Plan.

Proponent: Whatcom County Water District # 13, 532 Sprague Valley Dr. Maple Falls, WA 98266

Location of proposal: Whatcom County Water District # 13, 532 Sprague Valley Dr. Maple Falls, WA 98266

Lead agency: Whatcom County Water District # 13, 532 Sprague Valley Dr. Maple Falls, WA 98266

The lead agency for this proposal has determined that the Small Water System Management Plan does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request to Whatcom County Water District # 13, 532 Sprague Valley Drive, Maple Falls WA 98266, by calling the District office at 360.599-1801.

This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal until after January 15, 2020. Comments must be submitted by January 15, 2020 by mail to Whatcom County Water District # 13, 532 Sprague Valley Dr. Maple Falls, WA 98266, or by email to: admin@wcwd13.com

Responsible Official: Kelly Wynn

Position Title: General Manager        Phone:360-661-0930

Address: 532 Sprague Valley Drive, Maple Falls, WA 98266

Date: 12/23/2020

Published January 6, 2021

Whatcom County Fire District #14

Invitation for Sealed Bids

New Type 1 Ambulance

1. Whatcom County Fire District No.14 is soliciting for sealed bids for a new Type 1 Ambulance.

2. Bids should be mailed to: PO Box 482, Sumas, WA on or before February 8, 2021.

3. No bids received after that date will be considered.

4.Bid envelope must be clearly marked “SEALED FOR BID TYPE 1 AMBULANCE, BID OPENING DATE OF 02/9/2021.”

5.All bids should be signed in ink, showing all facts and total of the bid.

6. Bid Opening: Sealed Bids will be opened publicly at the Districts regularly scheduled commissioner meeting on February 9, 2021.

7. Whatcom County Fire District 14 reserves the right to accept or reject in part or in whole any bid submitted, whichever is in the best interest for Whatcom County Fire District 14.

8. For bid specifications contact District Chief, Jerry DeBruin by phone at: 360-599-2823 or by Fax, 360-599-2373

Dated: December 28, 2020

Jerry DeBruin

District Chief, WCFD #14

Published January 6 & 13, 2021


SUMMONS BY PUBLICATION

SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR WHATCOM COUNTY

MARIA M. ZERBY, Plaintiff

vs.

RONALD DEE MARTIN,

Defendant

Case No.:  20 2 01106 37                     

SUMMONS

TO: RONALD DEE MARTIN

A lawsuit has been started against you in the above court by MARIA M. ZERBY.  Plaintiff’s claim is stated in the written complaint, a copy of which is served upon you with this summons.

In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons, within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.  A default judgement is one where plaintiff is entitled to what he/she asks for because you have not responded.  If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered.

You may demand that Plaintiff file this lawsuit with the court.  If you do so, the demand must be in writing and must be served on the person signing the summons.  Within 14 days after you serve the demand, Plaintiff must file lawsuit with the court, or the service on you of this summons and complaint will be void.  

If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.

This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington.

DATED this 14th day of October 2020.

LAW OFFICES OF LISA M. SAAR, PLLC

By Lisa M. Saar, WSBA No. 46494

Attorney for Plaintiff

Published December 30 2020, January 6, 13, 20, 27 & February 3, 2021