UPDATED 03/13/10 We just won a major victory when the City Hearing Examiner threw out the developer’s application to put houses on the golf course. But it’s complicated, and it’s not over.
The Examiner has full authority over routine land use issues. The developer requested approval of a site plan, a preliminary plat, some variances and some exemptions, and the Hearing Examiner denied every last one of them. But it’s not over because the developer and the owners have appealed to Superior Court. SaveNETacoma has intervened in this appeal to make the case that the denials should be upheld.
And there is big issue remaining with City Council. The developer also applied for a rezone modification to remove the current requirement that the golf course must remain a golf course or open space. Without this rezone modification the development is stopped dead. Only the City Council can approve or disapprove rezone modifications. The Hearing Examiner’s job, in this case, is to make a recommendation to the City Council, and he recommended the rezone modification be denied. But the developer and the owners appealed that recommendation. Again, we intervened. Both sides will argue this issue at the City Council meeting April 13th. A big turnout is important to show the City Council we want them to keep the golf course as a golf course or open space.
But all decisions can be appealed. If, or better when, the City Council votes against the developer and owners, we expect them to appeal to Superior Court. We plan to intervene again in this appeal, or, if we lose, to appeal on our own. Either way, we are headed for Superior Court.
In football terms, we’re in the red zone but we haven’t scored.
We need your attendance at the City Council meeting on April 13, and we need your continued financial support.
Updated 10/17/09 - The hearing before the City of Tacoma Hearing Examiner is complete. The Examiner will review the information presented by the City, the Applicant and SaveNETacoma Attorney and Citizens, making a recommendation to the City Council to either allow the rezone and application or reject the rezone and application. We expect a decision in November or December of this year. The final vote will go before the newly elected City Council. It is very important we elect council members who support our cause. It is our expectation the Examiner will decide the NE Tacoma major design element is the golf course and it's open space and make a recommendation to save our community and our neighborhood.
Update 05/04/2009 - The City of Tacoma has released the Draft Supplemental Environmental Impact Statement. We have 45-days to make public comments
Update 02/05/2009 - Superior Court Judge Russell Hartman has granted the City of Tacoma's motion for summary judgement. The North Shore Concomitant Zoning Agreement (CZA) and The Open Space Taxation Agreement (OSTA) are binding and enforceable by the City of Tacoma. - HURRAY! -
As we expected Save NE Tacoma members were not allowed to join the action as third party beneficiaries. It is our orginzations belief the neighborhoods and homes around the course were built and developed as a "golf course" community, therefore we as a community are parties to the CZA and OSTA. We will be asking the judge to review the decision based on this fact and will appeal if needed.
A request may be presented to the Tacoma City Council allowing the owners and developer to remove our open space and develop the course. It is our intention to hold the City and it's elected officials accountable to the CZA and OSTA agreements signed by prior councilmembers.
This is where we need you help -
WHAT CAN EACH OF US DO -
2. Be prepared to voice your concerns and opinions to City Officials
3. We will need voices in upcoming City Council meetings and during public forums,
we ask that you show your support and join us.
5. We should not contact council members at this time - hold your opinions until public forum or open comment periods.
6. We encourage you to make comments regarding the current plan
- see the update from 9/3/08 for details -
7. Make contributions to our legal fees.
We have won 2/3 of this battle and need to see this through the end.