HomeMy WebLinkAboutSpecial Council October 22 1996I WHATCOM COUNTY COUNCIL
2 SPECIAL COUNCIL MEETING
3
4 PUBLIC HEARING
5
6 October 22, 1996
7
8 The meeting was called to order at 6 p.m. by Council Chair Ward Nelson in the
9 Council Chambers, 311 Grand Avenue.
10
11 Also Present: Absent:
12 Barbara Brenner None
13 Tom Brown
14 Alvin Starkenburg
15 Kathy Sutter
16 Robert Imhof
17 Marlene Dawson
18
19 1. WHATCOM COUNTY COMPREHENSIVE PLAN, RESOURCE
20 LANDS/RECREATION (AB96 -051D) AND HOUSING/DESIGN ELEMENTS
21 (AB96- 05 1E)(Public Hearing continued from October 15, 1996)
22
23 Nelson opened the public hearing, and the following people spoke:
?4
25 Albert Marshall, 2781 West Shore Dr., Lummi Island (documents on file): He commented
26 on Chapter 8, Resource Lands, which does not adequately address the issue of hard rock quarries.
27 Quarries are more likely to be located on mountainsides where surface water exists. Undercutting
28 called dip slopes causes instabilities and rock slides, which need to be addressed in Chapter 8. He
29 reported on the geology of Lummi Island. Quarrying of Lummi Island produces unstable slopes.
30 The danger of sloping sides was not considered when the Comprehensive Plan was considered.
31 This Mineral Resource Lands (MRL) designation should be removed from the Plan.
32
33 Jim Lawson, 1222 Beach Ave., Lummi Island, president of Lummi Island Scenic Estates
34 Community Club (document on file): Property owners are opposed to the MRL designation on
35 Lummi Island adjacent to their residential community. The water system is dependent on surface
36 water stored in an earth dam reservoir. This area is unstable and potentially hazardous to
37 neighbors. Without that reservoir, residents would have no water. The noise level and truck
38 traffic has increased, affected quality of life, and lowered property value. This devalues property,
39 and the property owners will hold the County responsible. Council should consider this area
40 residential.
41
42 Louise Weber, P.O. Box 78, Lummi Island (document on file): The MRL designation is
43 improper for the site because it does not allow impact studies. Scenic Estates is directly affected
Public Hearing, 10/22/96, Page 1
1 by quarry operations, including stability of mountain, water availability, and noise. Granting MRL
2 is in conflict with the right to Rural Residential designation. Recent tax assessment raises
3 property values without taking into consideration the adjoining quarry. The proposed 20 acre
4 MRL designation should be removed from the Comp Plan, as it is in direct conflict with Title 20.
5
6 Rita Foley, 3878 Blue Canyon Road: She spoke to a gravel pit that is less than 200 feet
7 from Lake Whatcom. The operator does not have proper permits and continues to operate. Also,
8 she was opposed to logging on Blue Canyon Road, which is not being done carefully. She has
9 been out of water for two months this winter as a result of this logging.
10
11 Polly Hanson, 2781 West Shore Drive, Lummi Island (documents on file): The County
12 budget is strained and dependent on the property tax. She asked if County government is paying
13 attention to income streams, non - property as well as property tax. The fishing industry generates
14 income. The rock quarry on the Island does not generate much income for County government.
15 It creates harmful run -off into Hale Passage. A major land slide will occur in Hale Passage. She
16 wondered how much it would cost the County to dredge the channel open again if it is blocked.
17 The quarry has been allowed to illegally enlarge the scar and ignores required reporting of
18 deadlines. The effects of the quarry is a question being asked by prospective buyers into Scenic
19 Estates. She urged Council to be fiscally and morally responsible in protecting County assets,
20 local enterprises, and local citizens.
21
22 Victor Armfield, 1210 Scenic Ave., Lummi Island (document on file): The water
23 reservoir, which is the only source of water, is in jeopardy of being drained. If the area had been
24 zoned Rural Residential Island, this problem would not be happening. He urged Council remove
25 the quarry from the MRL designation.
26
27 Preston Schiller, 1120 Island Drive, Lummi Island: MRL designation should not occur, as
28 it is incompatible with the adjacent Scenic Estates. There is noise 12 hours a day, six days a
29 week, as the hours of operation are industrial area standards. Noxious diesel fumes blanket the
30 neighborhood, and fine dust is created by quarry activities. He requested Council withdraw the
31 MRL designation.
32
33 Alex Edelstein, 1258 Island Drive, Lummi Island (document on file): Everett Rock
34 mining on Lummi Island has created bad feelings with the County and neighbors for many years.
35 Scenic Estates was planned 30 years before any quarry activity began. Residents will sue the
36 County if designation occurs.
37
38 Jerry McRorie, 1284 Baker Ave., Lummi Island (documents on file): He thought Council
39 should not go ahead with clear changes to neighbors and the environment without determining the
40 mistakes to be made. The 20 acres should not be designated as MRL because the Scenic Estates
41 residents have not been taken into consideration. Scenic Estates is already involved in litigation
42 with the County. This could increase if the quarry is designated.
43
Public Hearing, 10/22/96, Page 2
I Maribeth Aardmeyer, 1120 Island Drive, Lummi Island: Noise level is going on six days
2 per week, 10 -12 hours per day. The equipment operating is large scale equipment. Residents see
3 large dump trucks and rock crushers working six days a week. Scenic Estates was platted in
4 1963 before the quarry operations in 1964.
5
6 Sheila Marshall, 2781 W. Shore Dr., Lummi Island (documents and T -shirt on file):
7 Everyone from all over the Island and off -island have seen the scarring of the quarry. She
8 requested Council remove the MRL designation.
9
10 Bob Shephard, representing Puget Power, Bellingham: He read a letter from Puget Power
11 (document on file).
12
13 Brad Hoy, P.O. Box 4102, Nooksack, representing Hoy Sand & Gravel (document on
14 file): His company is surface mining a parcel near Nooksack, which is considered non - conforming
15 under the current County zoning. His property is to be designated MRL under proposed
16 designation in the Comprehensive Plan. This is consistent with current use. He requested
17 Council implement MRL designation to support this current use.
18
19 Robert Mitchell, Mayor, City of Sumas (document on file): He spoke on behalf of Sumas
20 City Council. Sumas is interested in the Resource Lands Chapter because of the May Well Field
21 site. The city has been utilizing water out of this site. The aquifer recharge area extends north
22 and west of the town through unincorporated lands zoned agricultural. The recharge area is
23 contained within the Sumas - Abbottsford Aquifer, which is good for three purposes: aquifer
24 recharge, agriculture, and gravel mining. He supported the Draft Comprehensive Plan and urged
25 Council change its policy regarding 8L -2, mineral deposits present in agricultural zones, which is
26 a problem near their well head. The City of Sumas would like to see the original wording
27 reinstated.
28
29 Frank Shelton, 3630 Alabama (document on file): He supported the recreation chapter of
30 the Growth Management Plan, in particular the sections dealing with senior community centers.
31 He stated this current section meets the needs of senior citizens and looks to the future. The
32 community use has increased dramatically while the shared use of the senior community centers.
33 has remained high over the last few years. He requested Council adopt this section of the
34 Comprehensive Plan to meet the needs of the elderly.
35
36 Tom Westergreen, 4800 S. Pass Road: He requested Council make sure what it is
37 presenting represents the goals and policies of the County. He stated that some of the chapters
38 conflict and are "mini" comprehensive plans in themselves. He pointed to what he thought was a
39 major flaw in the Resources Chapter, which discourages conversion to non - agricultural and
40 forestry uses. This should not be considered a conversion or an incompatible use. Present policy
41 discriminates against mineral resource uses. Policy should not restrict use of mineral resource
42 land if a landowner needs to use this designation as long as the mineral resources are conserved.
43 The Plan language should clearly direct Council's intent to users of the Comp Plan in the future.
Public Hearing, 10/22/96, Page 3
I Lesa Starkenburg- Kroontje, 115 Front Street, Lynden, representing Whatcom Sand and
2 Gravel Association: In 1992, the County Council adopted an ordinance to designate and protect
3 mineral resource lands on an interim basis (Ord. 92 -028 and Ord. 92 -029). Nothing has happened
4 since 1992 to protect mineral resource land districts. This needs to be addressed immediately by
5 supplying a minimum of 50 years planning for mineral resource lands (MRL). Mineral Resource
6 Lands are supposed to be the place to designate and protect mineral supply for the future. The
7 Comp Plan reiterates that by saying the purpose of MRL is to "ensure a long -time supply of
8 mineral resources and provide predictability and land use ". These areas selected should be
9 targeted for mining and protected for use. Since 1993, the Department of Natural Resources
10 (DNR) rewrote its law, which indicates that mining land must be reclaimed in segments and plan
I 1 must be made for better looking contours. New sites opening up will be subject to that law;
12 current projects have two years to comply. The Department of Ecology (DOE) has also changed
I3 its law, including requiring sediment and erosion control. The County created the Development
14 Performance Standards for Surface Mines, which include noise control, road use control, safety
15 controls, and an enforcement section. All these things are in place and everyone is subject to
16 them. Some changes are needed. The goals and policies are good.
17
18 Rick Benner, 4406 Minaker Road, Sumas (document on file): He pointed out that
19 expanding the gravel pit north of Minaker Road is inconsistent with the proposed policies and
20 goals. Goal 2G encourages citizen participation. The average citizen is basically ignored.
21 Planning needs to be done in light of the aspects of the County which are most valued, which
22 include water quality and protection of productive agricultural land. Goal 2A accommodates
23 preserving the qualities with the desired quality of life. The expansion of the pit will degrade the
24 environment and lifestyle. Excavation should take place in low impact areas, such as industrial or
25 commercial zones within the urban boundary- -not pristine rural parts of the County.
26
27 Debra Benner, 4406 Minaker Road, Sumas: Recycling is an environmentally and
28 economically feasible alternative to mining. If policies of recycling were followed, mineral
29 extraction requirements would be much less. She was concerned with the proposed expansion of
30 the Sumas quarry, noting that surface mining risks ground water levels. Many policies listed in
31 the Comprehensive Plan are incompatible with the proposed expansion of the quarry near Sumas
32 and Minaker Road. Sounds of pit activities are high frequency noises that are undesirable. Much
33 damage has been done to County roads by the sustained use of heavy trucks. There is negative
34 impact of the expansion to the Cedar Springs Christian Center. Tourism is a valuable resource in
35 this County.
36
37 Ron Robertson, 4419 Minaker Road, Sumas: Protection the citizens are receiving
38 regarding the neighboring quarry in Sumas is insufficient. Additional mining will create lawsuits
39 in order that citizens may protect their living standards.
40
41 Dale Ulm, 4445 Minaker Road, Sumas: He spoke to the proposed gravel pit expansion.
42 There will be noise, traffic, dust, a decrease in quality of life and property value because of this
43 proposal.
Public Hearing, 10/22/96, Page 4
1 Jim Bride, 8022 Cypress Way, Lummi Island (document submitted): Council has a
2 responsibility to deal with the expansion of the Lummi Island quarry. The Lummi Island quarry
3 has the only quality rock in Whatcom County to serve the market. If rock is brought in from
4 Canada, it becomes even more expensive. Rock standards have changed in the last five years.
5 Clay content of Lummi Island gravel is 0 %, which is very important for many uses. The quarry
6 company has gone out of its way to meet with neighbors and accommodate their needs. They
7 have also made efforts to reduce noise levels.
8
9 Steve Cowden, 3463 Cedarville Road: The river system is no longer a source for mining
10 operations due to federal regulations. Annual quantities of mineral resources have been greatly
11 reduced. Mining will be isolated to remote areas. He cautioned Council mining should not be
12 counted on as being a reliable resource. Upland sites are going to be even more dependent. The
13 federal level has eliminated mining permits.
14
15 Bill Isenhart, 2861 Green Valley Drive, Sumas: He referred to page 2 -48, table 7,
16 regarding the mechanics, stating this information is incorrect. On page 2 -50 regarding Peaceful
17 Valley, he said there are 485 lots existing. There are only 394 lots existing, including short plats.
18 He thought there were a lot of good ideas in the Comprehensive Plan. More housing is needed in
19 the Kendall area to reduce traffic on the Mount Baker Highway. He said he builds lower priced
20 housing in that area due to low priced lots. There is a need to make the growth area a little larger
21 in the Kendall area. There are approximately 250 good buildable acres in the water district that
22 are not in the current growth management area. He would like to have some commercial and
23 industrial land in the district to become .a full -size town.
24
25 Brad DeHaan, 1605 VanDyk Road, Lynden: He stated he works for Ferndale Ready Mix,
26 which has been in operation since the 1970's. He discussed the requirements and uses of concrete
27 aggregate in Whatcom County. Over 300,000 cubic yards of quality aggregate alone are needed
28 annually to maintain the concrete industry of Whatcom County. For Ferndale Ready Mix's
29 planning purposes, they need to plan for a 10 -year supply. The largest reserve currently will be
30 depleted in approximately one year. Since 1991/92, the County has not permitted any new
31 aggregate sites. The gravel industry must deal with compliances heavily regulated by the
32 Department of Natural Resources (DNR) and the Department of Ecology (DOE) before
33 excavation permits are granted. He urged Council set aside MRL for future generations
34 (document on file).
35
36 Rob Lopresti, 1225 Undine Street: He spoke to the cultural aspects of the Comprehensive
37 Plan and urged Council to stay the course of the Plan and develop the cultural arts facilities per
38 the Plan.
39
40 Dan Taylor, 717 -15th Street: He spoke to the Recreation Chapter, which essentially
41 readopts the Comprehensive Park and Open Space Plan. This is something solid to last many
42
43
Public Hearing, 10/22/96, Page 5
I years; however, some amendments will be needed from time to time. He supported the Land Use
2 Chapter. The Housing Chapter is good. The Design Chapter confronts conflicting needs in the
3 rural areas and gives guidance in those areas.
4
5 Joan Casey, 1015 West Toledo: She addressed the Recreation Chapter. Whatcom
6 County attracts people to move here for the quality of life. Major businesses locate in areas such
7 as non -urban environments. She encouraged Council adopt the Plan as written.
8
9 Lou Koorstra, 3308 Cherrywood: He owns 40 acres in the Sumas area and is opposed to
10 the expansion of gravel pit in the area. There is a need to maintain the peacefulness, beauty and
11 tranquility of the area. He commended Council for all their work.
12
13 John Bargen, 4592 Minaker Road, Sumas, representing Cedar Springs Christian
14 Conference Center (situated at the end of Minaker Road): He is opposed to the expansion of the
15 gravel pit, which will come within 800 feet of the Cedar Springs property. Approximately
16 7 -8,000 people visit Cedar Springs every year for the quiet and view. Cedar Springs has been
17 instrumental in bringing many tourists to the area. In the future, this is the place expensive homes
18 will be built. The area is ideally suited for small, mini farms in five to ten acre parcels. Council
19 needs to plan for the best use of the land. He pointed out an error in recommending this
20 expansion being included in the Comprehensive Plan, which is on page B -27, #10, regarding
21 expansions jutting into his property.
22
23 John Van Boven, 1046 Central Road, Everson: What is presently in the proposal for
24 MRL is not enough for 50 years. No new permits have been issued in the last five years.
25 Whatcom County has grown substantially, and the need for various gravel products has greatly
26 reduced the reserve. River gravel is a usable project but is not available now and cannot be
27 counted on in the future. Zoning areas without regard to quality and quantity do not meet the
28 needs of the future of Whatcom County. He urged Council look at quality and volume of the
29 materials, not just acreage.
30
31 Herbert Killan, 9213 Telegraph Road: He thought it would be a good idea to open the
32 extra land because it has quality gravel.
33
34 Jon Sitkin, 1616 Cornwall Ave., Suite 209: He spoke on two matters: forest rezone
35 applications and mineral resource issues at the Honcoop Gravel site. Land should be added as
36 mapped. There are no County -wide planning policies that speak to mineral resources. The
37 Hearings Board looks at these County -wide planning policies. Also, industry is on hold for
38 everyone facing these issues. He requested Council make available for purchase the written
39 submissions to give the public an opportunity to rebut.
40
41 Phyllis Kronenburg, 2351 E. Pole Road, Everson: She noted there are serious defects in
42 the draft MRL determinations, which are based on processes that were flawed. After stating she
43 was on the Surface Mining Advisory Committee for three and one -half years, she made the
Public Hearing, 10/22/96, Page 6
I following points: 1) representation on the Surface Mining Advisory Committee was tilted in favor
2 of the sand and gravel industry. As a result, consensus decisions were meaningless. 2) MRL
3 were designated by the Planning Department after termination of committee function. 3) Conflict
4 of interest was present both in committee make up and in non - members present during work
5 sessions. Not enough effort was made to reflect the appearance of fairness. She gave examples
6 of specific defects of content, which included: gravel pits digging into the ground water supply;
7 new permits for designated MRL has occurred in the last three years; and many residents and
8 neighbors were not notified of activities and permits. No environmental impact studies have been
9 made for these pits. There is need for more study before being incorporated into the Comp Plan.
10 She requested Alvin Starkenburg excuse himself from any decisions pertaining to MRL
11. (document on file).
12
13 Al Hanners, 3007 Plymouth Drive: As a geologist, he is opposed to expansion of the
14 Lummi Island quarry, as there is a potential for slides and therefore liability on the County's part.
15
16 Robyn duPre, 643 Marine Drive: The parks plan was developed with input of the Natural
17 Heritage Plan. There is a broad base of public support for parks, which are good for property
18 values, as well as a place of recreation. A good plan is nothing without funding. The budget of
19 the County should prioritize for Parks.
20
21 Gary Orr, Pacific Concrete, 2301 Huron: In five years, his company has lost
22 approximately one -third of the needed aggregate, which has been used up. Quality material is
23 needed. Mineral resource lands currently in the map have about 50% quality materials. Reserves
24 are limited. There is no way in which to extend or bring on new MRL in the next 20 -40 years.
25 Almost 25% of his company's business is with the farming community. Concrete, block and brick
26 are needed. If promotion of MRL is not provided, a scarcity of good material and therefore
27 higher prices will result.
28
29 David Grainger, Aggregates West, VanBuren Road: Gravel miners are also concerned
30 with maintaining the quality of life.
31
32 Keith Howard, 4680 N. King Mt. Road: The Comp Plan, mineral resources background
33 summary, shows a per capita usage of quarry materials. Most quarry rock is not of high quality.
34 Currently, the chapter shows that we have about 30% of the material needed for long -range
35 planning. Sand and gravel sources need to be identified and made available to mine. The map
36 regarding MRL areas designated shows that some areas do not have good quality rock.
37
38 Geris Allan, Sumas Road, City of Sumas: She endorsed the 1994 draft of the Comp Plan
39 that keeps the restrictions. She stated the Killam gravel pit is going to take up 50% of the
40 landscape. Aesthetics should be taken into consideration. Property values and standard of living
41 will be decreased.
42
43
Public Hearing, 10/22/96, Page 7
I Christian Burnham, 1116 Beach Ave., Lummi Island: The noise and air quality levels on
2 Lummi Island is unacceptable. More than a handful of people are affected.
3
4 Jerry Hunter, 5531 Knight Road, Superintendent, Mt. Baker School District: He had
5 concerns about the negative impact on the future tax base of the Mt. Baker School District by the
6 proposed Plan. There is an absence of tax based growth to keep pace with residential and school
7 district increases. This is going to create a movement of greater disparity among school districts.
8 Student enrollment is increasing from the Peaceful Valley area. There are 611 lots available in the
9 Peaceful Valley area, which will add to the student population. There are no major employers in
10 the area and no job base. On page 2.7 of the proposed Plan, he referred to a statement regarding
11 Capital Facilities, several of which he stated are perspective in nature. Channel adequate services
12 to where people live now and will live in the future. People live in rural areas because of the
13 availability of affordable housing. Public schools should be available in these areas. The
14 Comprehensive Plan proposes developing hamlets. This is in addition to the already - existing
15 Peaceful Valley and Glenhaven. Some policies are in conflict with certain goals. He requested
16 Council withhold policies 10(B)(5) and IO(B)(6) (document on file).
17
18 Paul Schissler, 714 Wilson: The Comp Plan underestimates the information on the need
19 for affordable housing. Lack of affordable housing is the leading cause of homelessness for
20 women and children. The goals and objectives of the Housing Chapter in general are reasonable.
21 He would like to find some additional actions to be incorporated in the Plan that take a proactive
22 role. The cost of land alone raises the price of housing.
23
24 Roger Almskaar, Land Use Consultant, 1401 Astor (document on file): He represents
25 four landowners and would like to see the County work toward sensible and fair boundaries for
26 agricultural land. He noted the language on page 8 -1 of the Land Use Chapter is too regulatory.
27 Prime agricultural soils is a flawed concept the way it has been used in the County. The forest
28 section should not have a ban on single family dwellings. A house should be allowed if an owner
29 meets fire protection requirements. Also, "incompatible use" should be defined. Commercial
30 forestry is too restrictive on low -key outdoor recreation. If the overall density is low and most of
31 the site is treed and well- managed, why not allow such things?
32
33 Sherilyn Wells, 1020 Geneva: There is a theme of lumping all resource lands together.
34 Goals of the Growth Management Act (GMA) make a distinction with natural resources, such as
35 renewable resources (forestry, farmland and fisheries). Mineral resources are not renewable.
36 Council must eventually choose to protect the resources. The Lummi Island proposed expansion
37 should require an Environmental Impact Statement (EIS). County Wide - Planning Policy K2 is a
38 good policy. Council needs to look into the rumor that the Lummi Island quarry operator is
39 involved in many lawsuits. Alvin Starkenburg should not take part in these hearings. Impact fees
40 need to be in place to ease the cost to schools. Good growth management is not about being pro
41 or anti - growth- -it's about quality of life and fiscal responsibility.
42
43
Public Hearing, 10/22/96, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
?4
25
26
Peter Willing, Water Resources Consulting, 1903 Broadway, representing the City of
Sumas, will come back next week.
Hearing no one else, Nelson closed the public hearing.
Nelson noted written testimony will be accepted until November 12, 1996, in addition to
another public hearing.
ADJOURN
The meeting was adjourned at 9:35 p.m.
�J
Jill Nixon, Recording Secretary
These minutes were approved by the Council on January 28 , 1997.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�. :. • lerk
L. Ward Nelson, Council Chair
Public Hearing, 10/22/96, Page 9