HomeMy WebLinkAboutCouncil February 4 19931 WHATCOM COUNTY COUNCIL
2 Cordata North Hearing
3
4 February 4, 1993
5
6 The meeting was called to order at 6:30 p.m. in the Bellingham City Council
7 Chambers, City Hall, by Marge Laidlaw, Chair.
8
9 Also present: Absent:
10 Barbara Brenner
11 Larry Harris
12 Ken Henderson
13 Bob Imhof (late)
14 Dennis Vander Yacht
15 Dan Warner '
16
17 1. CONSIDERATION OF COMP PLAN MAP AND ZONING MAP
18 AMENDMENT FROM RURAL (R10A AND R5A) TO URBAN
19 RESIDENTIAL (UR3) FOR APPROX. 565 ACRES AND TO GENERAL
20 COMMERCIAL (GC) FOR APPROX. 15 ACRES IN THE URBAN
21 FRINGE SUBAREA REQUESTED BY THE TRILLIUM CORP ON
22 BEHALF OF CAITAC USA, PROPERTY OWNER (AKA CORDATA
23 NORTH OR WILDER RANCH REZONE) (AB93 -004)
25 Carl Batchelor, County Planning Staff. Summarized the background of the rezone
26 application and the area involved. He suggested that it would be a "slap in the face" of the
27 cooperative work being done between the City of Bellingham and the County in planning
28 the urban fringe areas. He also defined the terms used.
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30 Patricia Decker, City of Bellingham: Read a statement into the record from the City
31 of Bellingham stating that the development of this area was premature, though Cordata
32 North area has been included in the long -range planning of the City. She stated that the City
33 had decided not to extend services into the fringe areas until the urban fringe area studies
34 are done and growth decisions are made.
35
36 Ed Henken, County Engineering: After reviewing the final EIS, the Engineering
37 Department had some serious concerns about storm water runoff drainage and increased
38 traffic.
39
40 Laidlaw announced that the Council would take written comment until Monday, 2/8,
41 at noon if not all present are able to speak tonight.
42
43 Jean Gorton, Vice - president of Planning for Trillium: Introduced Terry Tarioka,
44 representative of Caitac Corp.; Tom Walsh, attorney representing Caitac; Bob Burke,
45 professional planning consultant and chair of the State Planning Commission; Steve Brinn,
I Chief Operating Officer, Trillium. She said that this proposal is not only consistent with the
1 Growth Management Act (GMA), but is ultimate fulfillment of it.
2
3 Bob Burke, 11000 NE 33rd PI #101, Seattle: Gave his background in planning. He
4 identified the two GMA goals most closely related to Trillium's request: sprawl containment
5 and natural resources. He suggested that the issues which need consideration are should the
6 area be within the urban growth boundary, the consistency of the project itself with the basic
7 GMA goals, and the decision process. Studies, he said, show that most of the growth in
8 Whatcom County would occur along the I -5 corridor and the Guide Meridian with about
9 55% of that growth occurring in Bellingham, primarily to the north. He discussed the
10 amount of land available for growth, considering the discrepancy between the City's figures
11 and those of Roger Almskaar; he believes the true figure is somewhere in the middle, but
12 closer to Almskaar's. He also talked about the percentage of land generally required for
13 schools, roads, etc. He summarized his position by saying that the proposal meets the basic
14 goals of the GMA, that there is a need for the development, that that site is suitable for
15 inclusion in the urban growth boundary, and that a lot of issues related to water and sewer
16 and such need to be ironed out, but these are not impossible, only indicative of the need
17 for a Planned Unit Development.
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19 Jean Gorton: Presented some material she wanted to be part of the written record,
20 then read a letter from Emil Baijot voicing a minority opinion of the County Planning
21 Commission.
22
23 Jake Maberry, 9382 Weidkamp Rd.: Berry grower who has lived in the County for
?4 fifty years. He outlined the positives of the development - -a planned development, water
25 from existing wells for the golf course, the timeframe involved, access roads off Smith Rd.
26 rather than Guide Meridian, increase in the tax base, better use of the land which is not
27 good farm land, and a recommendation for David Syre and the quality of his work.
28
29 Wayne J. Beech, 8702 Silver Lake Rd.: Sees such a planned development as a positive
30 addition to the area. As long as our population increases, there will be impacts to the
31 community. But along with these impacts come benefits, and we can learn to live with the
32 impacts. He pointed out that the GMA is fine, but it has been adopted by some as a no-
33 growth tool. Urged that the rezone be granted, especially in view of the negative impacts
34 of the alternative.
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36 David Manier, 1700 N. State St., representative of the Northwest Washington
37 Building and Construction Trades Council: He feels that the impacts of a development of
38 this size will stimulate changes in land use beyond the intent of the comp plan. The timing
39 is inappropriate considering the planning in progress on the urban fringe subareas. Urged
40 the Council to support the Planning Commission and deny the project.
41
42 Dale Baldwin, 461 Kline Rd.: Lives near the proposed project and has lived in
43 Whatcom County for 40 years. He expressed concern about the extra tax burden on the local
44 residents for such things as schools, police, and fire protection, increased traffic pressures.
Cordata North Hearing Minutes, 114193, Page 2
1 He said he believes that this is premature growth.
2
3, Mike Golden, 701 Roeder Ave, representative of Windward Enterprises: He said that
4 the infill properties within the city are either undesirable or unbuildable. The County is
5 moving northward in its development. Because he is in favor of planned development, he
6 said he supports this development. He recommended Trillium because of the quality of its
7 work.
8
9 Bibi Herrera, 3016 Cottonwood: She said she is a strong supporter of cluster housing.
10 She said she thinks that the figures given for developable land within the city are highly
11 overstated, the schools are overcrowded in the city, and there isn't room for more parks and
12 open space. For these reasons she supports Cordata North. It is needed here.
13
14 Melba Sunel, 2012 G St.: She said she favors this development because it's so well
15 planned. If we wait for the city and county to finish their planning, new development will
16 not be available for either her children or her grandchildren, maybe her great grandchildren.
17
18 Lois Clement, 2812 Martin St.: She said she supports Cordata North. It would be a
19 nice, safe neighborhood for raising children. Growth needs to be planned; this is planned.
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21 Harold Macomber, Larson Rd.: He has lived in the same area for 26 years and is
22 president of POWRR (People Opposing Wilder Ranch Rezone). He suggested that Council
23 members read the file where POWRR's concerns have been detailed. He said that this area
4 for growth is not needed until many years in the future. It would be out of sync with the rest
25 of the area which is five acre parcels. Requests denial of the rezone.
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27 Lurline Halmo, 1858 Lakeside: Because of the issue of growth, she supports the
28 rezone. In 1960 the county's population was 70,317. By 1990 it had reached 127,780. The
29 projected growth estimate from the Council of Government's Office for the year 2010 is
30 200,000. She asked where these people were going to live. She stressed the importance of
31 this planned community which is not just a housing development.
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33 Teri Treat, 7183 Dahlberg Rd.: She is a business owner, property owner, and 32 -year
34 resident of Whatcom County. She supports Cordata North. She's a runner who lives in the
35 County, but her neighborhood is not safe for running. Cordata North would provide this type
36 of living. It is a well- planned and needed community which makes excellent use of the land.
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38 Milo Hallmark, 548 E. Smith Rd.: He is opposed to the rezone. He recognizes that
39 this is a tough decision for the Council, but he wants Whatcom County to stay like it is.
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41 David M. Schmalz, 2406 Spruce: He's president of the North Cascades Chapter of
42 the Audubon Society and is speaking on behalf of the membership. Because of the society's
43 assessment of the environmental impacts, the society opposes the rezone. This use does not
44 fit with the comp plans and land use plans for the county.
Cordata North Hearing Minutes, 114193, Page 3
1 Michael McInnes, 5731 Guide Meridian: He supports the rezone. He contradicted
2 the claim that police and fire services could not readily respond to that area. He said that
3 the police responded to his business on Smith Rd. in four minutes, fire trucks in five or six
4 minutes, and he considered that fast. A golf course would recognize and maintain sensitive
5 lands better than a farm running cows or growing hay. Whatcom County needs large
6 developments to keep up with the growth it will experience; this one is well planned.
7 Businesses in this county are already reaching further and further away to find qualified
8 employees. How nice if they could live closer, and they should be able to. He complimented
9 Trillium's quality work.
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11 Donna Macomber, 159 Larson Rd.: She is secretary of POWRR and has lived at this
12 address for 26 years. This development goes against the comp plan and the GMA. She
13 reviewed briefly the background of POWRR's objections. She discussed in detail the water
14 problems with the well, the aquifer, and other wells in the area. The parks and play yards
15 are not to be public. The development would cost the area more than it would bring in in,
16 tax dollars. She said she turned in a petition to deny the rezone that contained more than
17 1200 signatures.
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19 Cathy Beaty, 3704 Taylor Ave.: She reminded the Council that the real issue before
20 them was the rezone, not Trillium's plan. She asked if the requirements for both a rezone
21 and an amendment to the comprehensive plan had been met. She outlined the areas where
22 the rezone violated the comp plan: urban sprawl, incompatibility with surrounding
23 properties, infill, service provisions, unmet needs, character change in neighborhood, no
,4 zoning errors. She asked that Council support the comp plan and deny the rezone.
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26 Linda Kirschman, 4805 Aldrich: She stressed that the development was out of
27 character with the surrounding uses.
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29 Danna Beech, 8702 Silver Lake Rd.: Her concern, she said, is for those in the county
30 who support the development. The plan is well thought out and the proponents have worked
31 hand in hand with planners since the early 70's. She says that most of the opponents belong
32 to one of either two groups: NIMBYs and no- growthers. Urged that the rezone be
33 supported.
34
35 Thom Fischer, 613 Linden Dr.: Engineer who is speaking on behalf of Whitewater
36 Engineering and Bellis Corporation. He said there are two issues. One is responsible
37 development and the other is infilling. He congratulated those who planned Cordata;
38 planning is essential to orderly development. He doesn't support infilling; vacant lots in a
39 neighborhood are good for little kids.
40
41 Danny V. Norsby, 642 E. Smith Rd.: He says that those who are not opposed to the
42 rezone are not driving the Guide Meridian. Further, with the problems of water availability
43 and wetlands, the area should not be built on.
44
Cordata North Hearing Minutes, 114193, Page 4
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1 Larry Purpura, 1250 Sudden Valley: Growth is coming to Whatcom County. The
2 county cannot stay the way it is. This is a well- planned development which will fulfill a need.
3 The same growth is going to happen whether this development goes in or not, so the same
4 increased demand for services is going to happen. This development will not cause this. He
5 is in favor of the rezone.
6
7 Art Anderson, 5326 Williams Rd.: He is speaking as northern district manager for
8 Associated General Contractors of Washington whose membership supports the rezone.
9 Allowing this orderly development is growth management at its best.
10
11 Joe Elenbaas, 600 E. Smith Rd.: He doesn't believe in zoning because it takes away
12 individual's rights to do what they want with their land. This belief made it difficult for him
13 when he was appointed to the Planning Commission. But he does understand that there is
14 some need for regulations, common consensus, and planning processes. People need to have
15 the security of knowing the rules under which they have to operate, and they need to know
16 that these rules are secure so they can have a reasonable knowledge of what to expect and
17 how to plan for the future. He also said that that piece of ground was excellent for hay
18 ground; a former farmer had 600 big cows on that land and it supported the cows. In his
19 experience as one of the largest farmers in the area, that land is needed not only as an open
20 space area but also as hay and cattle ground. He detailed further the inadequacy of the
21 roads and the types of development which should happen in that area.
22
23 Tom Walsh, 1111 Third Ave. #3400, Seattle: He's an attorney representing Caitac.
14 He says that postponing a decision could mean that the development won't go through
25 because companies have to continue or die. They can't be put on hold.
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27 Otto Herman, Jr., 1700 N. State St.: Representing REBOUND, an organization of
28 building trades unions. REBOUND is opposed to the rezone because although they rely on
29 building for their incomes, they are also concerned about the future of the county, and this
30 project doesn't fit either good planning or the Growth Management Act. Further, he said,
31 this application does not meet the requirements for a rezone, and he went on to detail his
32 reasoning.
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34 Mike Kittleson, 4361 Nordam Rd.: Although he lives far away from the rezone area,
35 the rezone will negatively affect everyone in the county. He is amazed at the difference
36 between the numbers in studies done by Trillium and those in studies done by others. The
37 Planning Commission was wise to turn down the rezone, and he urged the Council to turn
38 the rezone down.
39
40 Matt Cole, 131 Larson Rd.: He said that his specific reason for being against the
41 rezone is that it violates a number of principles of the Growth Management Act, for
42 example, open space requirements, needed farm land for the future, alternative
43 transportation provisions, ground water affects, inadequate police and fire coverage, and
44 urban sprawl.
Cordata North Hearing Minutes, 114193, Page S
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1 David Franklin, 115 Sea Pines Lane: General Manager of Georgia Pacific, but
2 speaking on his own. He sees this as a well- planned development; he said he sees the other
3 work done by Trillium and Syre as quality work including the development where he lives
4 and the condominium he owns as a second home. This development will provide good jobs
5 and nice homes for those who chose to live here. He urges the Council to support the
6 rezone.
7
8 Marcus Tiffany, 4848 Aldrich Rd.: He supports the project as visionary for the future
9 and his generation. There is growth in the future and it should be responsibly supported.
10
11 Emily Jackson, 2935 Leeward Pl.: Recognizes the need many people have for owning
12 larger parcels of land which they aren't farming (martini farmers) and the dislike many have
13 for change and growth. However, growth comes, and when it does, it needs to be planned
14 for. Rezones don't cause growth; they reflect that .growth is happening. This is a well -
15 planned development, and she and her family support it.
16
17 John E. Morgan, 245 S. Garden St.: Although he commends Caitac for the work they
18 have already done in the community, he is against the rezone. Infilling should come first,
19 including building up in the downtown area. He said he is also concerned about the financial
20 impacts to the community, particularly in terms of services like roads and schools.
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22 JoAnn Burkhart, 5041 Guide Meridian: Although she is impacted not only by the
23 Guide but also by the development, she is for the project. She has ridden over the land and
?4 watched it for years. The land has been contoured for drainage. Only two wetlands exist on
25 the property, a spring in the north corner and a deep canyon just west of the Wilder barns.
26 Those and the woods should remain, but the rest of the land is developable. The land is not
27 rural to the south, where Costco is, or to the -east. And this is the natural growth area for
28 the area. The only wildlife in the area are coyotes and geese; the development would not
29 bother coyotes and the lake from the golf course would be an enhancement for the geese.
30 So a well - planned development would be preferable to what else could happen there.
31
32 Edoh Y. Amiran, 6361 Hannegan: He said he is against the rezone for two reasons.
33 The first is the direct impact on the quality of life in the area. The second is that he is a
34 believer in planning. The rezone is a special privilege to a special group; granting it will
35 encourage speculation in the county. We should remain with current planning and plans.
36
37 Ernie Burkhart, 5041 Guide Meridian: His statement was read by his wife, JoAnn
38 Burkhart. The planned development would enhance the terrain. The installation of power,
39 water, and sewer would eliminate the proliferation of the septic tanks allowed under the
40 current zoning. The green belts and open areas with provisions for public use is another
41 benefit. He gave Caitac and Trillium a resounding plus for their vision and commended the
42 quality of Trillium's developments.
43
44 Randy Cross, 205 Kelly Rd.: After listening to all the pros and cons, he is still against
Cordata North Hearing Minutes, 114193, Page 6
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1 the rezone because of the water issue, the Growth Management Act, infilling, the decision
2 of the Planning Commission and the City of Bellingham, and the negative reactions of a
3 large part of the population. If the rezone goes through, it will send a clear signal to
4 developers of all kinds to come to Bellingham where laws and set plans don't matter.
5
6 David Christensen, 1151 Old Marine Dr.: He says he is strongly in favor of the
7 rezone subject to the PUD as designed with Cordata North. This development will provide
8 less than 10% of needed new housing in the next 20 year. But it's better to have this
9 planned development with all the infrastructure provided by the developer than to have
10 these residences, which will happen anyway, spring up all over the county in 5 and 10 acre
11 tracts without any of the infrastructure provided. He said that this rezone is smart planning
12 and it fits all the planning and GMA processes.
13
14 Darryl McClelland, 600 So. State St.: He said that Whatcom County needs about a
15 hundred houses a month to accommodate the growth right now. In the next five years, the
16 county will need about 5600 houses. The City of Bellingham will have to pick up about 43%
17 of that growth. Where are they going to put the people? Rather than having 65 people
18 coming in individually looking for permits to develop their five acres, have one developer
19 who is willing to work with the county, mitigate, and plan.
20
21 Stephen J. Mack, 6232 Guide Meridian: He's concerned about violations of the
22 planning process and the comp plan. He says he isn't against growth, but there is a process
23 and Trillium should work with it. He's against the rezone.
�4
25 Lynnea Gemmer, 1253 Lattimore: She said she is opposed to the rezone because it
26 is nothing but urban sprawl. The City of Bellingham should infill first. The urban areas need
27 to be maintained. The increased services will mean increased taxes for all in the county, and
28 she says she is against this. Work with the zoning that is already in place.
29
30 Cyndy Berry, 678 Cherry Lane: She supports the rezone of Cordata North. She said
31 that she is not there as a real estate broker who expects to make money. She said she sees
32 growth coming, and this growth needs to be planned for. She reminded Council of the influx
33 experienced in 1990 which caused an inflation of real estate prices. This has raised
34 everyone's taxes -- because there weren't enough houses to meet the demands. If this growth
35 is not planned for and housing developed, tax burdens will go up and up because of the
36 inflation of land values. She would personally would benefit if Cordata North and other
37 PUD's like that are turned down and not allowed because her land becomes worth more,
38 her rental incomes increase, and she makes more money from commissions. But that's not
39 what is good for this community as a whole. Growth is a natural part of our economy, and
40 she urges Council to be pro- active and approve the rezone as a step toward responsible
41 growth.
42
43 Randy Linderman, 5119 Guide Meridian: He is a 50 year native of this area. He
44 wants the rezone because it will benefit him. His neighborhood is commercial, not
Cordata North Hearing Minutes, 114193, Page 7
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1 residential anymore. It is the logical area for growth, and the growth should be permitted
2 and planned.
3
4 Fred Haskins, 4754 Aldrich Rd.: Noted that the proponents consider this rezone their
5 livelihoods, the opponents consider it their quality of life. He said he would rather have the
6 60 martini farmers than a small concentrated city. The growth will come, but they are not
7 ready for it now. He's concerned about the water, the traffic, aquifers, traffic, and pesticides
8 etc. from the golf course. Caitac can develop it within the zoning guidelines already set up.
9
10 Roger Almskaar, 1400 Broadway: He's a land use consultant who bases his
11 conclusions on his. years of experience in the field. He compared the Wilder property to
12 other properties available. He also demonstrated why infilling has not been happening. He
13 pointed to geo- hazardous areas, wetlands, parcelization lands (2 acres or smaller most of
14 which already have houses), business or public use lands, and lack of availability for
15 purchase, all of which cut into the potential for infilling. Although staff says that there is
16 space for 25,000 housing units in Bellingham and the fringe areas, Almskaar says that there
17 is room for only 9954 units. After availability and infrastructure factors are applied, the
18 figure drops another 24% to 7564 units. Finally, he says that forced infilling will not work;
19 it didn't work in eastern Europe. The forced infilling will cause housing costs to sky rocket.
20
21 Lora Stobel, 5337 Elder Rd.: She says she is against the rezone because she believes
22 'in predictability in land use and stability in planning. She urged Council to have confidence
23 in their planners.
14
25 Jim Trull, 7417 W. Mercer, Mercer Island: He has built both infill houses and
26 planned unit developments. New homes, he says, are the life blood of American and bring
27 responsibility to the community. This area needs new homes both for existing people who
28 desire change and for new people coming in. New homes are safer than old homes and also
29 provide a good quality of life for the purchasers. He also pointed out that new engineering
30 techniques permitting new ways of handling water including recirculation which would solve
31 any problems inherent in the golf course project planned by Trillium. He said he knows
32 from experience that infill won't work and won't provide the houses required by the area.
33
34 Debbie Sherwood, 6777 La Bello Dr.: She is against the rezone. She said she lives in
35 a planned unit community and does not like it. She expressed concern about the
36 infrastructure such as schools and roads in the area, about service provisions in police and
37 fire, about the open land which doesn't appear to be open to the public, about the water
38 and sewer, about electricity and perhaps a substation, about potential tax increases. For
39 these reasons she is opposed to the rezone. She suggested that the housing units already
40 zoned for be developed and an assessment done on the impact from those before more are
41 allowed.
42
43 Lonnie Moore, 4990 Highland Dr.: He is against the rezone because of environmental
44 impacts, inaccurate statements on the promotion of the project (new jobs and lack of traffic
Cordata North Hearing Minutes, 114193, Page 8
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problems), contradictions to the EIS, cost of housing, and the economic impact to each
household. He asked that Council support the decision of the Planning Commission.
Laidlaw asked if anyone else wished to speak; seeing no one, th ehearing was closed
and Laidlaw thanked the audience for its participation. A few people asked if they could still
submit written testimony and were told yes.
Laidlaw asked Council members if they needed more time to digest the information
or if they still felt comfortable with making a final decision on Tuesday. Brenner said she
felt comfortable with making a decision on Tuesday. Imhof agreed with her. Henderson
suggested that Council members attend the Planning and Development Committee meeting
at 1:30 to discuss any questions they may have so that by the evening meeting the majority
of questions would have been dealt with. Harris said he was also ready to make his decision.
The consensus was to meet with the Planning and Development Committee in the afternoon
with a probable vote on the issue at the evening meeting on February 9.
The meeting was then adjourned at approximately 10 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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26 Nancy ohn, Assistant Clerk Marge LERdlaw, Chair
Cordata North Hearing Minutes, 114193, Page 9