North Bend Planning Commisson to begin Tollgate deliberations

Published 2:18 pm Thursday, October 2, 2008

NORTH BEND – The North Bend Planning Commission last Thursday started upon the task of deciding the fate of a piece of land that has played an important role in Valley history: Tollgate Farm.

The seven-member board will spend months reading, discussing and analyzing data so it can ultimately make a recommendation to the City Council to approve as-is, deny or approve with conditions the 1-million-square-foot business park and 34-home subdivision proposed by the land’s owners, Miller Land and Timber.

Commissioners will make their decision based on whether Miller Land and Timber’s application to develop Tollgate is consistent with North Bend’s comprehensive plan, zoning code and city ordinances, not on emotional, political or personal preferences.

During the Feb. 22 meeting, commissioners decided how they would go about analyzing the data for Tollgate, which consists of about four thick, phone-book-size documents, and they set up procedures for meeting and discussing the project. This schedule was important for many North Bend residents and the land’s owners because they plan on attending future meetings.

Barring scheduling conflicts, the commission decided to meet weekly and established a meeting schedule that includes March 7, 15, 22 and 29; and April 5, 12 and 26. Meetings are open to the public, but testimony will not be accepted or permitted because the public comment period on Tollgate expired at 5 p.m. on Feb. 20.

“The public hearings are closed,” said Mike Kenyon, attorney for the city of North Bend. “The public doesn’t have input anymore now. It’s up to the Planning Commission to do its work, to do its business.”

The commission also decided not to discuss Tollgate with each other outside of the meetings. This was to ensure that commissioners end up making a clear, unbiased decision. Members are also not allowed to speak with or respond to the public about the Tollgate proposal.

Kenyon explained that the decision-making process the Planning Commission is in right now is called “quasi-judicial,” meaning it is virtually the same as a judicial process, except the Planning Commission is the decision maker instead of a judge. He said the commissioners are restricted in their communications because as part of the quasi-judicial process, they are subject to the “appearance of fairness” doctrine, meaning that they, like judges, must remain neutral before making a decision.

“A good analogy for their situation is this: If you had a case in front of the judge, you can’t go talk to that judge on the sidewalk about your case, and the Planning Commission is the same way right now,” Kenyon added.

Matt Larson, who serves as chairman of the Snoqualmie Planning Commission, has had to deliberate on proposals like Tollgate, and he said remaining objective is key before making any decision.

“Standing in the position of a planning commissioner, their duty is to be objective; that’s the way to protect American values,” said Larson, whose commission recently tackled the similarly controversial Falls Crossing land development proposal. “People need to try and be patient and respectful of the position the commissioner has been put in. They have to step aside and be dispassionate or as objective as possible and consider the interests of all the parties and the liabilities the city could be up against.”

The Tollgate land was once used as a Native American gathering site, a homestead and farm site for some of the first white settlers in the Valley, and has belonged to the Miller family since about the late 1800s.

“We’re pleased that the process is moving forward,” said Campbell Matthewson, project director for Tollgate and spokesman for the Millers, who applied for development approval in 1996. “This is property that’s inside the urban growth boundary, it’s zoned for what we’re requesting, and after 100 years of owning the property, the Millers are pleased that they’re being afforded the opportunity to develop and utilize their property like many of the other residents in North Bend.”