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Submitted by Bert on Tue, 09/30/2008 - 4:47pm.

Tonight's Olympia City Council meeting will include deliberation on the proposal to rezone areas of the downtown waterfront, commonly referred to as the Isthmus. The meeting starts at 7 pm.

More information: City of Olympia

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$50,000 public money spent on private development proposal

Was it appropriate to spend $50,000 in public taxpayer dollars on a study of a private development proposal?

One of the interesting things from tonight's deliberations was the opinion of City Attorney Tom Morrill that the rezone does not constitute a "spot" rezone. I suppose that is because the rezone applies to lots, or "parcels of land," that the proposer does not own, or control.

Frankly, I disagree with the City Attorney's assessment. This is a spot rezone. It was proposed specifically to allow the Larida Passage Vision.

There is a lot about tonight's meeting to talk about and cover, and I don't intend to do it tonight - though I am pretty amped up about it.

The main question that I want to ask is whether or not it is appropriate to spend $50,000 public money on a private development proposal. Well is it? The answer might not be simple, as tonight's deliberations attest.

More than one City Council member, I am thinking of Mr. Ottavelli and Ms. Machlis, made compelling public interest arguments in favor the rezone, as it is geared toward the development of Larida Passage. I believe it was Mr. Hyer who talked about the multitudinous public tax sectors that the development, if successful, would contribute to. So it's not so simple.

Members also discussed the possibility of creating a public viewing area in the development - to increase public amenities, generally. But this in and of itself reveals the basic private interest of the proposal.

So we have tax dollars on one hand. We have destruction of important segments of the view corridor. And we have a massive for-profit, private interest, luxury condominium development in a sensitive, and severely hurting, ecological area.

We have the disenfranchisement of the 90% of us, whom could never afford to live in the proposed "up-class" development, with an area that is now commonly held as public open space (though in severe need of ecological restoration.)

I can understand that the rezone, given subsequent successful development, would provide some public benefits - mainly in the tax realm (it was also revealed that the oft-times referred to tax break doesn't technically exist - and the council would have to decide whether to offer the tax cut incentive, or not - if, for example they think that the incentives of the views are enough.)

Anyway, it was a complex series of deliberations. It's a complex issue.

I strongly believe that the public interest is in denying the proposal, and maintaining the Isthmus as an open area, and a central area, to attract people, and to provide for greater public amenities in the form of local recreational opportunity, and to be respectful toward the natural environment, which is suffering so tremendously - so enormously - under the weight of the destructiveness of this culture of consumption.



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A few things, Mr. Whitlock

Morrill was right about this not being a spot rezone. These are legal questions, Rob, not matters of opinion or belief. As the city's attorney he doesn't get paid for his opinion, he gets paid to interpret the law as it is written and advise the city thusly. If you really disagree with it, then I assume you have some evidence to back up you opinion, that's how it works with law.

These deliberations are about height limits not a developer's proposal. The community will deliberate on a developer's proposal (or not) based on the outcome of the rezone deliberations. Basically, this isn't about Larida Passage or any other specific development, there are processes for that, and this isn't it. Make sense?

Weren't you one the one advocating for public viewing towers? Now even that's not good enough? A bit childish I think.

Public space? Wrong again, Rob. This is and always has been private property, the public has no claim to it.

Rob, you should start a non-profit, raise the capital, and buy that property. You could look at the establishment of Deschutes Falls Park as a guide. It is a privately owned park. Joe Hyer spoke very eloquently last night on this topic. The city has more on their plate in terms of parks right now than they have money for with West Bay Park, the Aquatic Center, etc.

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"Morrill was right about

"Morrill was right about this not being a spot rezone. These are legal questions, Rob, not matters of opinion or belief."

Sure about that? Tom Morrill, as a matter of fact, said that this is not a spot rezone "in my opinion." Legal questions are very often precisely matters of opinion.  Anyone else think  Tom Morrill may be in over his head on this one?  

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in his legal opinion

After having studied the laws he came to that conclusion. If one is going to disagree with him and wants to be taken seriously, one should do some homework and present an argument based on research of applicable law.
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I nominate FRESH!

Hop to it, Fresh. Get going on your homework!
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The burden of proof is not on me.

I'm not the one trying to argue against the city's attorney about laws governing land-use process, Rob Whitlock is.
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Legal questions are debatable

One of the most successful litigants for the public interest believes the isthmus amendment is a spot rezone and thus violates the Washington State constitution. He is bringing a lawsuit to rule on his belief.

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Good!

Might as well fight it in the courts before it gets fought in the streets.
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Legal Opinion | Spot Rezone

Alberto Gonzales was also stating his "legal opinion" when he advised Members of the Bush Administration that they were good to go on torturing their enemies.

One attorney's legal opinion does not the law make.

Besides - the evidence that this is a spot rezone is overwhelming. A private developer proposed the rezone so that it could build a massage luxury condo project. The rezone is specifically intended to allow the Larida Passage to be built. Thusly, it can rightly be understood as a spot rezone.




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Comparison

Which isn't to compare Tom Morrill, or his opinion on this matter, to Alberto Gonzales (or his opinions on torture or warrantless spying), for purposes of clarity.




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