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WHATCOM COUNTY COUNCIL
COMPREHENSIVE PLAN PUBLIC HEARING
March 18, 1997
The meeting was called to order at 1 p.m. by Council Chair Ward Nelson in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Alvin Starkenburg
Kathy Sutter
Robert Imhof
Nelson opened the public hearing. He stated the record is now being re- opened until
March 27 at 4 p.m. with a possible carryover until March 25. Also, the following will take
place:
the deadline for Council member input is March 24 at noon;
there will be a work session (COTW) March 25 from 11 a.m. to 5 p.m.;
another work session will be April 1 from 11 a.m. to 5 p.m. if necessary; and
adoption of the Comp Plan will take place April 8.
He then explained the process for today's hearing, stating Council was looking for
substantive dialogue.
The following people spoke at the public hearing:
Bill Isenhart, 2861 Green Valley Drive, Sumas (submitted handout, on file): He thanked
Council for this entire process and was sorry the Comp Plan does not include the Columbia
Valley area.
Ella May Winter, 423 Birch Bay - Lynden Road, Lynden: She urged Council to consider
accessory dwelling units and spoke to her personal situation, noting that 1,000 sq ft is too small.
She requested exceptions need to be made to rules and that 1,380 sq ft would be the right
number.
Jim Duckworth, Abbotsford, B.C., representing the city of Abbotsford: He spoke to the
international boundary agreements and ag uses, specifically citing policy 8P4(3) regarding
appeal and item 8 regarding resources, MRL designation, and wellhead protection. He also
addressed ag areas, river and stream extraction of gravel, and stressed the need for
communication that impacts the County and Abbotsford. He urged approval of Alternate A.
Anna Smith Poland, 584 W. Smith Road: She requested a rezone of Smith Road, as the
soil does not permit ag uses. This area is zoned ag, and she would like it be changed to R5.
Comp Plan Public Hearing Minutes, 3/18/97, Page 1
I Albert Marshall, 2781 West Shore Drive, Lummi Island: Speaking as the president of
2 Lummi Island Conservancy, he stated the purpose of the organization is to protect and enhance
3 the environment. He stated the island is unique and wants the subarea plan preserved. He was
4 concerned about water and transportation problems on the island. As an individual, Map 23,
5 mineral resources, gave him concern, specifically noting Policy 8P -4 is vague.
6 Charles Evans, 3883 Centerview Road, Lummi Island: He stated there was no time for
7 adequate public review on the Comp Plan and was concerned about urban sprawl being
8 encouraged. He requested Council not include Lummi Island in the rural section of the Comp
9 Plan, stating it should be designated as a subarea.
10 Joanne Hammerberg, P.O. Box 113, Lummi Island: She reiterated Lummi Island should
11 remain a unique area and should be designated as a subarea.
12 Maribeth Hardmeyer, 1120 Island Drive, Lummi Island: She urged the Council to take
13 the recommendation from Planning and Development Services that the 20 acre MRL be
14 removed. The island is a unique treasure. Rock is barged out of the County and leaves a huge,
15 gaping hole. She lives adjacent to the quarry.
16 Jean Walden Kershnor, 3417 Sunrise Road, Lummi Island: She urged the uniqueness of
17 the island should remain.
18 Klaus Klix, 5563 Hillard Road, Everson: He said available industrial land in the County
19 is almost non - existent. His area has been left out of Ferndale urban growth. Relocation is very
20 expensive, and there is not much land available for his business. He requested his area be
21 included in the Comp Plan.
22 Joe Burton, 2919 Crestline Drive: He noted studies that were used to determine available
23 industrial lands and land uses. The Comp Plan should include the index provided.
24 Bill Geyer, 1008 -16th Street: He continued Burton's remarks about the study (handout
25 on file).
26 Bill Henshaw, 2653 North Park Drive: He continued the previous speakers' remarks
27 regarding the study and stated there is a lack of concrete information for the Comp Plan. He
28 spoke specifically to Goal 2A (handout on file) and suggested attaching an appendix of items to
29 be dealt with after the adoption of the Comp Plan.
30 Buff LaPof, P.O. Box 32, Lummi Island: She spoke to the process of the Comp Plan and
31 the involvement of the island residents. She urged keeping the island land use plan.
32 Joe Arnett, 1825 South Nugent Road, Lummi Island: He was opposed to the deletion of
33 Lummi Island in the Comp Plan. He protested the speed in the public process and requested
34 Council respect the Lummi Island land use plan and the work that went into putting it together.
35 Louise Weber, P.O. Box 78, Lummi Island: She requested Council remove the MRL
36 overlay from the quarry. This MRL removes the permit process.
37 Roy Ingham, 2721 Russell Street: He noted the disturbing theme of the County -Wide
38 Planning Policies, the Critical Areas Ordinance, and the Comp Plan for him is that the spirit of
39 the Growth Management Act is not being reflected. He referenced specific language on various
40 pages should be replaced.
41 Gerald Brown, 1764 South Nugent Road, Lummi Island: He spoke to changed language
42 and asked what the rural land policies and the rural designations are in the Comp Plan. The
43 Lummi Island Land Use Plan should be retained in full force (handouts on file). He wondered
44 what the zoning policies will be and how they will impact the island.
Comp Plan Public Hearing Minutes, 3/18/97, Page 2
I Charles Baker, 3595 Sunrise Way, Lummi Island: He owns the Baker Mt. quarry, which
2 provides rock to Lummi Island with a continuous supply. The quarry is not the best use of
3 Smugglers Cove. He stated the MRL designation should not be approved. His operation is legal
4 and amply supplies Lummi Island.
5 David Ernst, 7208 Lankhaar Road, Lynden: He stated simple changes turned the Comp
6 Plan upside down and thought the removal of 2G -1 on page 2 -10 takes away the public process.
7 Citizen involvement in the subarea planning process needs to be left in place. The removal of
8 2G -3 takes away zoning information for the public. Speaking to citizens' input, he was
9 concerned that undoing the peoples' time was not well for the community.
10 Bruce Livingstone, 1166 Beach Avenue, Lummi Island: He urged removal of the MRL
11 designation. He was concerned regarding the enlarged quarry and spoke specifically to slopes,
12 seismic activity, and the hazards of mining.
13 Darlyn DelBoca, 7208 Lankhaar Road, Lynden: She was totally opposed to this version
14 of the Comp Plan, speaking specifically to Goal 2G on page 2 -10. The stricken language
15 removes the public process, and she questioned the legality of this situation (handout on file).
16 Merle Ash, Marysville: He spoke to the Lummi Island quarry and is amazed the 64 acres
17 is not recommended for MRL designation in that the uniqueness of the quarry is being ignored.
18 Chet Lackey, 1200 Harris Avenue #307: He spoke specifically to pit #103 on the south
19 end of Lake Whatcom, stating it is permitted and should be mandatorily approved. There needs
20 to be more flexible criteria.
21
22 (Clerk's Note: A five- minute break was taken)
23
24 Jack Swanson, 1200 Harris Avenue #307: He spoke to the northeast corner of the Birch
25 Bay - Lynden Road, stating this area should be included in the Comp Plan to allow development,
26 even though it is not in a growth area.
27 Ward Larsen, 8201 N. Pass Road, Everson: He spoke to the rezone protection zone,
28 which does not address pasture and grazing. The Comp Plan should not apply to this zone. The
29 landowner has no protection and rights. He should have a protection zone for pasture and
30 grazing land.
31
32 (Clerk's Note: End of tape one, side B)
33
34 Larson continued by stating environmentalists and animal rights activists should have to
35 be required to post a bond if they want to interfere with an operation. He makes a permit,
36 applies, and receives permission. People cut wires and open gates to let the cattle out. Also, he
37 has also lost two calves to cougars. He feels he cannot protect his own property.
38 Randy Butenschoen, 4918 Sand Road: He commented on the Lummi Island quarry. He
39 thought Council should include the quarry in the Comp Plan and spoke to its benefits to the
40 community.
41 Robin McClelland, Blaine's Interim Planning Manager, P.O. Box 490, Blaine: She
42 pointed out a letter was submitted today (on file) regarding Blaine's concerns. A land use
43 analysis was also submitted.
44 Jon Sitkin, 1616 Cornwall #209 (handout on file): He was representing several clients
Comp Plan Public Hearing Minutes, 3/18/97, Page 3
I and spoke to each one. He stated the ag rezone area should not overlap and requested Council
2 examine rural uses for non - residential uses.
3 Kurt Denke, 3030 -35th Avenue W., Seattle: The UGA violates the GMA. He can keep
4 his current zoning but cannot use the property. Denke stated the UGAs were "phoney ", as they
5 prohibit urban growth and densities. He requested deletion of Goal 2R and its policies or be
6 placed in the short UGA.
7 Eldon Hicks, 1401 Paradise Road, Ferndale: His property was downzoned, and he may
8 lose his retirement funds because of this. He urged review of his property.
9 Ray Stewart, 6167 Maureen Drive, Ferndale: He thought the quarry on Lummi Island
10 should not be permitted to operate. The bond should be made to cover the entire Lummi Scenic
11 Estates. He was concerned about the water supply.
12 Olav M. Sola, 18500 High Street, Edmonds: He was not notified of this meeting. He
13 requested a change in his zoning.
14 Nadine Swanson, 4610 Curtis Road: She stated she does not want to be annexed, as there
15 will be no open space between Bellingham and Ferndale.
16 Wendell Hicks, 2154 Harksell Road, Ferndale: He was concerned about the possibility of
17 losing his retirement, as the zoning is in question.
18 Rex Myers, 2468 E. Pole Road, Everson: He was concerned about the dump site, the
19 gravel pit, and water.
20 Jean Westgate, 7151 Joy Road, Everson: She was opposed to the changes of gravel
21 mining in the County and did not want to see destruction from the gravel pits.
22 Roy Tuck, 10617 NE 197th Street, Bothell: This was his first notice of change in zoning.
23 He was concerned about his retirement funds due to a possible rezone on his property. He
24 requested future notification.
25
26 Nelson requested those who wished notification to please let the Clerk or the Planning
27 Department know.
28
29 Michael Knapp, Planning and Development Services Director, offered handouts to the
30 public. He gave background on Whatcom County's history with the Growth Hearings Board.
31 He reviewed the resource protection zone and read from his handout.
32
33 Brown and Starkenburg requested clarification regarding Tuck's property. Sandy
34 Mackie, Whatcom County legal counsel, responded.
35
36 Bill Geyer, 1008 -16th, representing Century Holdings: He presented maps to the
37 Planning Department. He stated the issues included water and road and requested Council place
38 this within Point Roberts' UGA (handout on file).
39 Erin Durrett, 923 -23rd Avenue E., Seattle: She is looking for affordable small farmland
40 in the County and was concerned about the Comp Plan regarding mining and urban sprawl. She
41 requested Council keep this area agriculturally strong.
42 Craig Langager, 2970 N. Shore Road: He introduced possible alternatives regarding land
43 reclamation by use of abused lands, which was cost effective.
44
Comp Plan Public Hearing Minutes, 3/18/97, Page 4
I (Clerk's Note: End of tape two, side A)
2
3 Langager continued by requesting the Council examine his plan, which is to reclaim the
4 land as a park.
5 Fred Nowicke, 3341 Berg Road, Everson: He addressed the gravel issue, stating gravel
6 is necessary but ag cannot be changed to have the gravel. Ag land will be needed for ag uses and
7 the expected population growth in the next 20 years. He suggested the Sumas Mountain slide for
8 a material source and thought the Council should put pressure on the Corps of Engineers for
9 approval of gravel extraction from the Nooksack River. Gravel is not a renewable resource. Six
10 million cubic yards of material come down the Nooksack every year. He expressed concern
11 about the northeast area of the County, as it needs to be protected.
12 Phyllis Kronenberg, 2351 E. Pole Road, Everson: She thought there was less public
13 participation at the planning level. Surface mining operations should be site planned, which
14 should be permitted via a conditional use permit (CUP) and after the Environmental Impact
15 Statement (EIS) has been completed. Water resources must be given top priority.
16 George Boggs, Whatcom Conservation District Coordinator, 6975 Hannegan Road,
17 Lynden: The Board has three concerns. The first is that only 100,000 acres was identified as
18 land deserving protection. That is lower than what has been shown by the Farm Service Agency
19 inventory and the Whatcom County Auditor. His figures show that there are closer to 139,000
20 acres of agricultural land of commercial long -term importance and, therefore, the action plan
21 should be adjusted accordingly. The second concern is that the Council cannot limit the focus on
22 the larger size parcels. The third concern is regarding the clustering aspect. More people create
23 more run -off, which cause increased problems associated with water quality. He submitted
24 studies done nationwide which demonstrate that, even under the best of circumstances, highly
25 productive agricultural ground couldn't achieve any better than 65% of its previous productivity
26 after having been reclaimed. (Handout on file).
27 Davis Sherrod, representing the Pacific NW Economic Region, 999 -3rd Avenue #1060,
28 Seattle: The goal of this organization is to increase the economy of the region. He referred to the
29 area north of Custer, which is dependent on trade. He encouraged Council rezone for industry.
30 Phil Serka, representing Louis Leclezio, 400 N. Cornwall Avenue: He requested changes
31 be made to page 2.62 of the urban growth plan (handout on file) and reviewed those changes
32 requested. He urged Council work on a 20 -year industrial transportation plan.
33 Ian Chapman, 31 Gladwin Road, Abbotsford, B.C., Canada: There are effects of gravel
34 pit operations on any kind of field farming enterprise. His area has various types of fruit crops,
35 all of which require clean air that is free of gravel dust and other things that would float over
36 from a gravel pit. A number of years ago, there was an application to install a conveyor belt to
37 transport the gravel across the border crossing into Canada. The Canadian government
38 postponed the proposal.
39 Ray Trzynka, representing Puget Sound Energy, P.O. Box 1078, Bellingham: He noted
40 various corrections.
41 Robert Grenzow, 3047 Halverstick Road, Sumas: He talked to one of the original
42 planners who said that originally expert testimony was to go for a 30 year zone. It was
43 compromised down to a 15 year zone. It has been heard in testimony that there is no danger or
44 documented case of damage to an aquifer, so there should be no problem getting bonding,
Comp Plan Public Hearing Minutes, 3/18/97, Page 5
I because it never happens.
2 Leonard Cowden, 3470 Cedarville Road (handout on file): Lesa Starkenburg- Kroontje
3 read his letter. Affordable housing requires sand, gravel, etc. He supported setting aside land for
4 gravel use and was in favor of MRL designation.
5 Douglas Tolchin, River Pak Properties, 1315 Cornwall Avenue #200: He was concerned
6 about MRL designation and the water supply. A five -year wellhead protection is insufficient.
7 Strip mining is harmful to the community's future. He wants to establish a public market
8 downtown Bellingham and Everson, which will improve the economy more than mining.
9 Priority should be given to the water supply.
10 Melissa Bryon, 3965 Legoe Bay Road, Lummi Island: She was opposed to the Comp
11 Plan as proposed and concerned about the quality of water.
12 David Given - Seymour, 708 E. 3rd St., Nooksack: "Granted, there have been arguments
13 made that gravel mining is a public benefit because so many of us use gravel. That can be said
14 about any product that anybody makes, just about. Surface mining remains a private enterprise
15 product, bought and sold on the open market. Water, like that found in the Sumas aquifer, is not
16 something we all use, it's something we all need. There isn't a person in this room who hasn't
17 needed it today, won't need it tomorrow, didn't need it last week. Every day of your life you
18 need water. It's a public asset. Selling and distribution of the water is a public enterprise and it
19 would seem to me, at least, that the public good demands that you protect that public water
20 supply. If protecting the public water supply comes at the expense of private enterprise, that's
21 unfortunate, but it's still necessary to protect the water." He was concerned about the
22 contaminants, which go into the water from mining. He requested Council not allow surface
23 mining.
24 Donald Littrell, 8359 Delta Line Road, Custer: He had short notice of this meeting and
25 did not know fully what is happening.
26
27 (Clerk's Note: End of tape two, side B.)
28
29 Bill Black, 3811 Silver Beach Avenue: He was concerned about Lake Whatcom, which
30 is not even safe to swim in. He was also concerned about the increased growth in the Lake
31 Whatcom Watershed.
32 Rommie McLane, 3900 Centerview, Lummi Island: The island's gravel operation is
33 damaging the water table. She spoke to the uniqueness of the island and stated the Comp Plan
34 deletes this uniqueness. She urged Council retain the Lummi Island Comp Plan.
35 Tom Westergreen, 3800 S. Pass Road, Sumas: He appreciated Council's work on this
36 Plan and supports the Plan (handout on file). He suggested the prime soil be removed and
37 reclaimed and was concerned with the lost prime farmland.
38 Ike Reimer, 709 Vine Street, Lynden: More taxes and more government will be the
39 result
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41 of these proposed changes.
42 Ben Craft, 3550 Alm Road, Everson: He is a gravel owner and a farmer and pointed out
43 King County is now dependent on outside food sources; this County could be the same. He
44 requested all farmland be left untouched, as a projected population increase will need increased
Comp Plan Public Hearing Minutes, 3/18/97, Page 6
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farmland. Gravel pits are not conducive to residential areas.
Doug Corning, 9151 Van Buren Road, Everson: He was disappointed in choosing sides
vs examining issues. He was concerned about water supply, farmland, and MRL.
Audie Hicks, 702 Parklane Way, Ferndale: He is involved in gravel mining and ag lands.
His properties are in R1 and R5, and he wanted to subdivide but zoning has now changed. He
requested Council keep zoning current so he can use his lands.
Serge Slagle, attorney, With respect to the legal notice in the Bellingham Herald, the
items that were identified in the legal notice, and the approval process for the draft
comprehensive plan, he questioned the Council on their plans to integrate their voting procedures
on the proposals identified in the legal notice versus the draft plan submitted by the committee.
Nelson referred his question to Dan Gibson, Senior Civil Deputy Prosecutor.
• 1 e ._►1
The meeting was adjourned at 4:48 p.m.
Elizabeth Bennett, Recording Secretary
These minutes were approved by Council on , 1997.
ATTEST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Member
Comp Plan Public Hearing Minutes, 3/18/97, Page 7