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HomeMy WebLinkAboutSpecial Council April 1 1992WHATCOM COUNTY COUNCIL SPECIAL MEETING April 1, 1992 This "town meeting" was called to order at 6:35 p.m. in the Nooksack Valley Junior High School gymnasium in Everson by Council Chairman Dan Warner. Also Present: Absent: Marge Laidlaw None. Dennis Vander Yacht Bob Imhof Larry Harris Ken Henderson Barbara Brenner TOWN MEETING ON THE GROWTH MANAGEMENT ACT: CRITICAL AREAS ORDINANCE (AB92 -058) A notice (on file) mailed to all postal patrons in Whatcom County in mid -March advertised the meetings and briefly explained all aspects of planning that are underway due to the Growth Management Act. This is the second in a series of three town meetings to explain the critical areas ordinance proposed to meet the requirements of the Growth Management Act. Approximately 70'people were present for the meeting. The County's Senior Planner, Terry Galvin, gave a short slide show and oral presentation to explain the Growth Management Act and the critical areas portion. Afterward, the floor was opened to public comment. Warner said comments should be limited to five minutes per person. Lyle Mark, Sumas: He asked if land is classified as a buffer, will people be compensated for their land. Warner responded briefly. Civil Deputy Prosecutor Bob Carmichael explained that restrictions on the use of land are not new; when restrictions go too far, they constitute a "taking" of private property. Carmichael said the Critical Areas Ordinance regulations do not constitute a "taking," in his opinion. He talked about the mechanisms available to people for reduction of buffer restrictions and for variances available to land owners. An unidentified man said Mr. Mark's question was not answered; he wanted to know about reduction of taxes. Carmichael said people can appeal the Assessor's determination of the value of the land, and he briefly explained that process. Tom Brown, 7024 Mount Baker Highway: General comments: He said he doesn't like the use of metric measurements in the document. The word "pesticides" could be used in place of the number of terms used to address chemicals that kill pests. Volcanic hazard areas: According to the maps for the plan, the area extends to the Nugent's Corner area. Critical facilities (emergency vehicle facilities, etc.) should not be Whatcom County Council Town Meeting, 4 -1 -92 Page 1 located in these areas, according to the plan. This didn't make sense to Brown. Galvin said Brown had a good point; not all the volcanic hazard areas are of the same severity. He also clarified that the boundaries actually extend to the Glacier area, not to Nugent's Comer. Expanding wetlands seem to be a problem for most home owners, Brown said. People are not able to get into the buffer zones, clear the bushes and maintain the wetland in its existing state. Brenner said she thought some of that may be covered in the sections regarding wetlands enhancement. , Galvin said no, but there are some ways to maintain existing waterways and ways to prevent the creation of new ones. Brown said loggers and agricultural practices are not always to blame for the disasters such as the ones depicted in Galvin's slides. Christopher Turner, East Hemmi Road: He lives below the landfill operated by Bob Muenscher. He asked how a golf course going in on Noon Road (formerly a dairy farm) was permitted. The leaching of pesticides was of concern to him. The golf course will not be used primarily by Whatcom County residents, the nearby farms will be impacted by the golf course and the fancy homes being built there. Galvin said a number of developments can come in relatively unhindered by regulation because the Critical Areas Ordinance is not already in place. It does usurp an existing agricultural use. Warner asked about restrictions on the conversion of agricultural land to a development. Turner talked about siltation problems for local streams that will be caused by the development. Robert Grenzow, 3047 Halverstick Road: Recently was appointed to a citizens advisory committee for gravel mining. Was concerned about a mining operation on the Halverstick Road, and about the conversion of agricultural land to industrial use. He was dissatisfied with the notification practices of the Planning Department. It is not fair to only notify people within 300 feet of the proposed development or conversion, as is the practice under current zoning laws. He talked about buffers and slopes; Galvin responded. The Environmental Impact Statement for the proposed mining operation indicates that the setbacks for the mining operations from the nearby creek is only 25 feet; Grenzow thought that was inadequate. Warner said the Council is very much aware, in part due to the efforts of Darlyn Delboca, of the problems and concerns associated with surface mining. The Council will be having a public hearing on mining issues on April 14; Warner told Grenzow that the citizens definitely have the Council's ear on this issue. Grenzow proposed that until some enforcement on the reclamation of existing pits exists, no new pits should be allowed. The County has a pit across the street from them that has not been reclaimed, so private industry is not alone in its disregard for this problem, Grenzow said. Brenner asked about the 25 -foot setback for the wetland. Galvin said the number is the result of negotiation with various jurisdictions and groups; it doesn't comply with the Critical Areas Ordinance because the Critical Areas Ordinance is not yet in effect. Tony Farmer, Sumas City Councilman: Was speaking on behalf of Mayor Bob Mitchell. Gravel mining is of great concern to Sumas because of the potential impact to the area's aquifer. Any gravel mining in that area should be put on hold until the cities in the area are able to determine exactly where the aquifer is located. Warner reassured Farmer Whatcom County Council Town Meeting, 4 -1 -92 Page 2 that the Council was interested in this issue, and said it is representative of the fundamental differences in viewpoint among community members regarding regulation. Gravel pit owners probably think that any restriction is an undue restriction of their private property rights, he pointed out. Laidlaw said she would like to speak with Farmer and Mitchell about some news regarding a $30 million water project in the Abbotsford area, which may be tapping into the same aquifer used by Sumas. Henderson asked questions about the aquifer study known as LENS (Lynden, Everson, Nooksack, Sumas). Jason Reimer, 1860 H Street Road: The whole County is wet, and he didn't think that a plan was needed to tell people that Whatcom County is a critical area. He was frustrated with the whole process. Fewer laws are needed so that people can do anything they want on their property as long as it does not loot or negatively affect /pollute adjoining properties. He doesn't understand why government has to be involved; neighboring property owners should have the authority to tell each other what to do through community groups. Zoning laws amount to socialism, communism or a dictatorship. Planners are appointed, not voted in to office. He said government and the education system stink. Warner said Reimer's comments illustrate clearly the challenges of zoning laws: People don't want regulations, unless they don't like something their neighbor is doing and then they want it regulated. He and Reimer agreed on a few points; but Reimer felt that the laws should be fewer and less complicated, with- more emphasis on common sense on the part of citizens. "It's time to get back to the basics," and to forget the idea of taking private property rights for the public's benefit. Brenner invited Reimer to come into the County Council Office and talk about this. Hal Cohn, Strand Road: Supports some regulation, but said he was very concerned with the attitude of the Council and the Planning Commission. He said all of the "fruitcakes" who were protesting the Vietnam War, etc. are on the Planning Commission and in the ecology departments. He called the proposals of the Critical Areas Ordinance socialistic. Nancy Cohn, Strand Road: Talked about the differences of opinion that exist in society. Some of the supposed great thinkers in society are putting too many laws into place and too much regulation, ruining things for people who have common sense and who have learned from the environmental mistakes of their ancestors. She talked about some environmental successes (agricultural) that can be attributed to farmers who vdlue their land. Regulations have the potential of taking away water rights and the ability of people to build and develop their land in a responsible manner. People are afraid of losing their livelihood; they see a threat from Growth Management. There is a growing anger from the constituency. Warner commented. Hal Cohn commented from the audience about the problems associated with zoning in Oregon. Glenda Van Dyk, 5240 Mosquito Lake Road: She is opposed to the Critical Areas proposal because she felt it could take away everything she and her family have worked for. Their land is a wetland with extensive wildlife use. Van Dyk said that because a pond is Whatcom County Council Town Meeting, 4 -1 -92 Page 3 located 150 feet from their home, they are in an untenable position. If their home burned down they couldn't sell the land because it was a wetland, they couldn't rebuild because they're too close to the pond, and because of an eagle habitat on their land they'd probably be restricted from building in another spot. Brenner asked Galvin to address some of Van Dyk's concerns. Van Dyk said this plan and the Natural Heritage Plan are combining to shutting down the timber industry. Galvin said this plan does not impact timber harvesting or the timber industry at all. He also said that Van Dyk could rebuild if her home burned down, due to recent changes in the regulation that probably came about because people like Van Dyk took the time to make her concerns known in the past. New developments (several houses) might have an impact on wildlife, but single family homes probably won't, and that's the basis on which these regulations were written, Galvin said. He continued. Van Dyk said she maybe agreed with Warner and Galvin's comments to an extent, but not completely. Fred Nowicke, 3341 Berg Road: More wet areas are being created as time goes on, particularly along the Sumas River. Part of the problem is due to the increase in the height of the Sumas River bed. There should be more excavation of gravel from the river beds to avoid the creation of new wetlands. There are too many State regulations. This interim plan exemplifies the results of excessive regulations which may cause a property owners' revolution one day. He also is concerned about the impacts of gravel pits on aquifers, and agreed that they should be regulated. Harris said the Engineering Department would begin a dredging program on the Sumas River this year. Will Lesh, Nordham Road, Everson: A lot of people say they don't want regulation or change; that's naive, Nordham said, because change is happening very rapidly. Agricultural land is being depleted. Major growth without control will result in an extreme change to the county. The ordinance will help control the change and preserve the environment and agricultural land. If there was not preservation of agricultural land the whole county would be made up of five -acre lots within 20 years. Responding to some heckling from the audience, -he said without vision and planning this county would not be a place anyone would want to live in 20 years from now. He asked that the plan not be watered down too much, and thanked the county for coming up with an environmental plan that has vision. Warner commented that although people's opinions differ on the need for this kind of regulation, the philosophical discussion either in support of or against the plan are not very useful; specific comments about the Critical Areas Ordinance would be more helpful. Mark Wiegand( ?), Everson: Regarding intermittent streams, are people allowed to build a crossing that would allow full access to a person's land? Galvin said yes; a 50 foot buffer on streams is required, but if human activity is planned within the buffer a permit would be required to ensure people aren't impacting the property owners downstream. Wiegand asked about the proposal to down zone land to 20 acre parcels. Warner said the proposal "bit the dust." Laidlaw said the county -wide planning policies address these issues. Whatcom County Council Town Meeting, 4-1-92 Page 4 The idea, at first, was to increase density in cities and down -zone rural areas; but the notion was dropped, Laidlaw said. She said she could put Wiegand in touch with people who could get him involved in the discussions on the planning policies. Wiegand said people can't entirely stop change, and he cautioned the Council on taking property rights without compensation. Warner commented. Steve Chance, Central Road: People seem to all agree that people with the most property are most adversely affected by this ordinance, Chance asserted. However, he concurs with the vision of the ordinance. This is not the product of a dictatorship, a conspiracy of the socialists or environmentalists, as previous speakers indicated. He said those comments are probably the result of misinformation. He talked about the evolution of the Growth Management Act and the fact that the State Legislature wrote the legislation under the threat of a more severe citizens' initiative. The rules are product of the people. The County has gone out of its way to solicit public input, and the opportunity of the public to create the ordinance has been there. He urged the Council to have courage and follow through on the adoption of this ordinance. Ted Pike, South Pass Road: He has an interest in a raspberry patch that goes along the Nooksack River, and asked about setbacks that might affect him. Galvin said if Pike were to put together a soil conservation plan the buffers might be changed. He asked John Gillies, Soil Conservation District, to comment. Gillies talked about how the plan would be put together; in some cases, human activity could take place in the buffer zone. In fact, he said, sometimes agriculture is a good buffer all by itself. Laidlaw pointed to page 54 of the proposed regulation, where some people can be exempt from the Critical Areas Ordinance if they have a soil conservation plan. Warner asked about the potential impacts on the Soil Conservation District. Gillies said there are four employees, and if lots of people asked for help there would be a problem; however, he doesn't know what the impact will be. Laidlaw asked Gillies whether the Conservation District focused on dairies more than other farms; Gillies said they worked with all types of farms. Warner asked how the conservation plan is created; Gillies responded. Galvin commented. Ike Reimer, 1860 H. Street Road: His family came from Russia and his father lived through the Bolshevik revolution. So when he and his son talk with concern about dictatorships and communism, it is with a real basis and fear for what could happen. Buffer zones are sensible; he is an outdoor person and appreciates the environment. But, he said, he is a man who likes freedom. The next step will be that people will have their guns taken from them. Warner commented. Reimer continued. He distributed pieces of wood to the Council and commented as he did so, but the clerk could not hear what was said. Reimer then began talking about the impact of spraying of forest lands and reforestation. Regarding gravel pits, he doesn't like Canadians buying up Whatcom County land and hauling out gravel. He also doesn't like them tapping into the water supply of Whatcom County citizens. Warner asked Reimer to please allow others to speak. Cynthia Rogers, 4305 Nordham Road, Everson: Regarding water quality and ranking Whatcom County Council Town Meeting, 4 -1 -92 Page 5 of wetlands, Rogers said people should be given an incenuve to. create ana preserve wetlands. A tax break is one idea. Maybe grants given to people who create ponds would help. She commended the efforts of the Council and the Planning Commission for their efforts. The farmers have created one of the most beautiful places in the country, she said, adding that she didn't think people at the meeting understood the importance of the Critical Areas Ordinance. Without it the area could become overpopulated and ruined. Only by planning for the future can the county retain the beauty that it has. Water quality is important, she said; without protection Whatcom County residents will be forced to drink only bottled water. The Critical Areas Ordinance only applies to new development. People who already live here won't be affected as much. Dolores Brown, Member of the Foothills Information Group in Maple Falls: She commented on statements made by Brian Knutzen at the town meeting in Deming March 31., Somehow, she said, the discussion changed from "takings" to the Conservation Futures levy. She asked Warner to comment. Warner said the theory of the Conservations Futures levy is to compensate people when a taking occurs. Brown said she thinks such things should go to a vote of the public. Warner said it will tax people about 50 cents per month; Brown was skeptical. Warner said people will not be prohibited from farming or harvesting timber. Brown and Warner continued to discuss how the Natural Heritage Task Force and the Growth Management Act are related. Pierson Dykstra, 3604 Flannegan Road: President of the Nooksack Valley Water Association. Quality water is important to the area for many reasons, including the ability to operate dairies and produce high quality milk. He talked about discussions that are taking place with water associations. Emily Jackson, Berthusen Road: She spoke about the difficulty citizens have when they want to read regulations and act on them. There needs to be a provision for people to not be able to harass and intimidate their neighbors as they try to use their land. When the ordinance is finally adopted, she would like to see the Planning Director be in charge of implementing the regulations, not the Buildings and Codes Division of the Public Works Department. The maps of the County are not up to date and do not show the actual flow of the river; she suggested this be corrected. She also suggested that an appeals board should be set up, or at least more site visits should be required of Planning Commission members when they evaluate the impact of regulations on individual parcels. Carmichael commented on the appeals board concept, saying that it would be a legal option. However, practical problems include creating a level of bureaucracy underneath the official administering the ordinance; that seemed to be unnecessary since the administrator's decision can already be appealed to the hearing Examiner or the Council. A board above the administrator would duplicate the efforts of the Hearing Examiner. Jackson talked about diversity in the biology. When people look at conservation plans, they should do so with flexibility in mind. Whatcom County Council Town Meeting 4 -1 -92 Page 6 Jim Aus ".ink; . 719 Visser Road, Lynden: The Council needs to be aware that farmers are in economic straits. Any regulations that limit the farmers' ability to farm their land will hurt. He thanked Galvin for his willingness to meet with farmers and other groups and to include some of their ideas in the ordinance. He said the administrator named in the Critical Areas Ordinance should be an elected official. He also is not comfortable with the Hearing Examiner having too much authority. He recommended that a committee be established to hear disputes with the administrator. The committee should be made up of peers (developers could have a committee of _developers to appeal to, and farmers could appeal to a board of farmers). Warner and Brenner commented. Carmichael said an elected administrator could be made to have a certain level of expertise; however, as the system exists the Executive is the boss of the administrator. Don Roosma, 7161 Kickerville Road: He asked about buffers for wetlands. Galvin responded. Roosma asked which farming activities would not be allowed in the buffer zone; Galvin said he didn't know, that a permit is not required, but people are .required to clear it with the experts like John Gillies in the form of a conservation plan. Roosma said he Wanted restrictions clearly spelled out in the Critical Areas Ordinance. Galvin said on page 54, the standards-and requirements are written down. Roosma noted that there is funding available for wildlife enhancement. Warner commented. Dave Buys, 1858 W. Badger Road: He said his comments may repeat some of what Mr. Aussink said. He is concerned about the administrator and the accountability of that position. It bothered him that the Soil Conservation District has the expertise on agricultural matters, but it did not have the final say in terms of granting permits. On page 54 of the plan, he would like to see the requirement to send a copy of the plan through Fisheries and the County deleted. Galvin said the Soil Conservation District is the final approval authority for the farm plan; the County and the State can review and comment, but that's all. Galvin said he'd try to make it a little clearer in the next draft. Larry Williams, 4052 Jones Lane: The wetlands categories and the systems being used to identify them needs to be re- evaluated. There is no hydrogeologic continuity among the categories. Watersheds should be thought of as a whole, interrelated from the source to the mouth. Fred Bierlink, 9333 Guide Meridian Road: A dairy farmer; he said he appreciated Galvin's efforts to work with the farmers, and thanked the Council for allowing people to have their voices heard. Farmers are concerned when people have the final authority over a product when they have no understanding of it. Laws are written without any understanding of what it takes to make an end product, simply adding. to the irritation of farmers and the cost of their products. Farmers are very good at regulating themselves, so when state and federal agencies attempt to regulate things the farmers get upset. "We're afraid," he said, when he hears that an appointed official without expertise has the final say over certain issues. He also noted that one of the goals of the Growth Management Act was to protect private property rights and agricultural land. If those goals are kept in mind Whatcom County Council Town Meeting, 4 -1 -92 Page 7 the plan will work out fine. Warner thanked people for their participation, and urged those who did not get an opportunity to speak to attend the next town meeting (April 2, Sehome High School). The meeting was adjourned at about 9:30 p.m. ATTEST: Ramona Reeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Daniel M. Warner, Chairman Whatcom County Council Town Meeting 4 -1 -92 Page 8