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HomeMy WebLinkAboutSpecial Council April 2 1992WHATCOM COUNTY COUNCIL Special Meeting April 2, 1992 This "town meeting" was called to order at 6:30 p.m. in the Sehome High School in Bellingham by Council Chairman Dan Warner. Present: Absent: Dennis Vander Yacht Bob Imhof Larry Harris Ken Henderson Barbara Brenner Marge Laidlaw 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 third in a series of three town meetings to explain the Critical Areas Ordinance proposed to meet the requirements of the Growth Management Act. 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. Bob Carmichael, Deputy Civil Prosecutor, spoke briefly about the state laws mandating the Growth Management Act. Skip Richards, 214 N. Commercial, Bellingham: He said that everyone will need to build a consensus that has respect for nature as an important element. All legislation should respect the rights of property owners and any change should be fully disclosed to the public beforehand. Incentives need to built into this legislation. He represents the Whatcom Land Management Coalition and he hopes his group will be added to those listed in the document. Galvin said the concept is that there be people with technical expertise as well as people who are affected; he questioned whether a political group should be added. There was discussion among Brenner, Laidlaw, and Henderson regarding Mr. Richards' comments. Mark Peterson, 1320 23rd: His concern is that there is too great an emphasis on property rights and hopes the environment will be protected and preserved forever. He suggested a tax incentive for those who suffer economic loss in order to protect the environment. Steve DeBolt, 5203 Drayton Harbor Road: He stated he thinks he is environmentally sensitive but this document does not take the owner's loss into account. He would like a natcom County Council Town Meeting 4 -2 -92 Page 1 tax benefit for those who are affected. Carmichael said the State determines how taxation assessments are set and the County does not have authority to change how property is assessed. The County does have an appeal process. Tom Anderson, PUD: He said he sees a need to involve the public in the long -term. He said there should be a way for the public to identify their particular_ wetland. He said this may cause a pride of ownership that will-did iri enforcement. Dick Ferringer, 799 Chuckanut Shore Drive : He backs the efforts to mitigate the cost of protecting the environment. He said there needs to be controls on the over - application of insecticides. He said that often regulations are circumvented. He had difficulty getting the Department of Natural Resources (DNR) to come out and enforce laws when he saw a violation. He stated there needs to be safeguards against the selling of public rights. He recommended open communication and not having special rules for large developers who make the small person powerless. Jeff Eisenbrey, 2330 Park: There seems to be a race to be grandfathered in before the regulations are in place. He asked if there is a way to stop this. Carmichael said there is no vesting of prior rights on illegal use but there is if a development right that is legally allowed prior to passage. Once the permit is in place, it becomes a property right and the recipient can operate under the law that was in place before the law changed. Mr. Eisenbrey mentioned penalties and said that large companies can afford to pay fines and go ahead. Carmichael said there are provisions in the penalty section that will hurt the developer as it would deny allowing any permits for six years and there would be abatement of any damages that may have occurred. There are criminal sanctions for disobeying stop - work orders that have been issued. Mr. Eisenbrey also asked about those who had made land investments and found the property unbuildable because of the new regulations. Warner said there may be reasonable compensation. Kim Moore, 818 12th Street: He spoke of the headwater wetlands and asked for clarification as to what designation this would fall under. How does the County plan to compensate for an owner's inability to develop on their property. Warner said if a dwelling could not be built, there may be compensation on inverse condemnation. Carmichael said there was a variance provision in the ordinance where an appeal could be made to the Hearing Examiner. If the Hearing Examine could fashion a variance showing there would be no damage to the environment, a single family home could be built. If that could not be done, the landowner would have to file a lawsuit and obtain compensation. Mike Roberts, 681 N. Lake Samish Drive: He shares the concerns for the environment but as a builder he faces a dilemma when building houses for people. He tries to build what the owner can afford and wants, but gives his opinion to them to make the construction as environmentally inoffensive as possible. There will be increases in prices Whatcom County Council Town Meeting, 4 -2 -92 Page 2 for the builder and homeowner to deal with this added layer of law. This is one of the most environmentally sensitive areas in Washington. He encourages a homeowner to hire a consultant to find out what they are faced with. The cost of housing is increasing and some properties will now be taken out. Roberts said he hopes the County will consider the costs when finalizing this ordinance. Galvin said this draft ordinance is not to go against building but encourage careful building. Charles Evans, 3883 Centerview, Lummi Island: He spoke in gratitude for the work that has been done so far. He said he had an engineer check his property before he bought it. He also bought other properties knowing only a small percentage would be buildable and still be environmentally safe. He said a well-framed critical areas ordinance years ago would have prevented some very expensive mistakes. Jay Taber, 1212 Raymond: Praised the County for taking the show on the road. He said this has been a fascinating experience for him as he has attended all three of the town meetings this week. He said he heard one man say this is a "changing of lifestyle ordinance." He mentioned Mr. Margolis' comments about a rumor of proposed damming the North or South Fork of the Nooksack and of the pressing need for water. Taber said he thinks Lake Whatcom is a critical area. He said a County Planner not present tonight said the Lake Whatcom area was not an aquifer recharge area as the source of the water is the Nooksack. Galvin said many vicinities in the Lake Whatcom watershed that fall under the critical areas ordinance would be considered a critical area because of steep slopes, etc. but not the whole lake. It was pointed out that public facilities are not exempt from this ordinance. He said there is a tendency of elected bodies to allow things to go even when it is not in the best interests of the environment and he hopes the Council will act differently. Monica Gowen, Geologist, P.O. Box 4441: She said she has written to the Planning Commission and will provide a recap of her information tonight. She said she believes an intermediary step needs to be inserted to provide a board to resolve any disputes. She said there will be many disputes in the future and a plan must be in place to deal with these differences. She said the Hearing Examiner may choose not to make a decision and just using the staff recommendation. Warner compared it to the present court system. Gowen said a critical difference is that the Hearing Examiner is right next door to the Planning staff and is not in as unbiased a position as a judge. Carmichael and Henderson commented on this issue. Brenner asked if Gowen had possible solutions and could she present those ideas to the Council. Gowan agreed. Roger Almskaar, 1400 Broadway: Reflected on the concerns of several property owners who are interested in affordable housing. The costs have gone up 75 percent in the last few years. He said a lot of Whatcom County will end up being designated critical areas. He thanked the staff for the improvements on an earlier version. He mentioned areas in Whatcom County Council Town Meeting, 4 -2 -92 Page 3 the draft ordinance where he would like to see modifications on such issues as buffers, "critical" aquifers, process for appeals, private property rights, differences of low and high densities, mitigation and averaging. He said there needs to be some flexibility. Henderson said the County is using the less strict 1987 delineation rather than the 1989 one. Brenner asked about the difference between "critical" aquifers as opposed to a regular aquifers. Galvin said a critical aquifer is one that provides potable water withdrawal and a regular aquifer is more isolated. Randy German: He spoke of the "taking" issue. Owners do not realize what a responsibility there is in owning land. Economic interests versus environmental interests. He said this ordinance is a response to a crisis and our system is not working in the long- term. He recommended changing the laws on "taking" and applauds the work that has been done. Audey Hicks, 702 Parklyn Way, Ferndale: Works with new homeowners in septic design and the homeowners want to know where they can put their homes. He requests that he and the other designers get more information so they can better help the new homeowners. Sherilyn Wells, 1020 Geneva: The effect of our land -use touches everyone. We are forming the shape of our County in 2012 and are consciously fashioning the future for our children. The economic system is flawed because it is not taking into consideration the cleanup impacts. She said she believes the critical areas ordinance protects individuality. There has been a "taking" of the environment for years and she feels robbed. She urges passage of this ordinance. Hilary Lorenz, 3977 Griffith Avenue: Wanted to know how mitigation will take place and how minimized impacts will be considered. Carmichael said there are specific kinds of things that are exempted and this area will be considered. Warren Hanson, 4403 Lakeway Drive: Spoke against developers. He said what is done here today will have results for hundreds of years. Forestry, farming, and families all affect the waterways so the fishermen get less fish because of the increased population. He said the county needs to get an overall picture of what is good for the earth and do its best to preserve the environment. Steve Fox, 3515 18th: Thanked the Planning staff for the work they have done. He said the buffers are inadequate to protect the wetlands and streams as it is the hydrology that determines the wetlands. He would like some incentive programs to educate people to use best management practices as buffers won't do it. He encourages increase in wetlands in the County and would like to see more cumulative impact analysis on wetlands and streams. He mentioned the fragmentation of the wildlife habitat. He would encourage Whatcom County Council Town Meeting 4 -2 -92 Page 4 more mitigation and more county rehabilitation crews. Douglas Campbell, 1401 Astor: He polled the audience to eliminate the people who worked for government and interested agencies to determine how many in attendance were strictly concerned citizens. He then asked these citizens how they felt about vastly increased growth in their area. Terri Plake, 1003 Newell Street: Supports the Critical Areas Ordinance and said the regulations are necessary. The regulations will save money in the long -run. Developers need to change their attitudes to work with the wetlands instead of against them. Critical Areas Ordinance regulations will work well with flood control efforts. Enforcement is critical in implementation of this ordinance. The small landowner needs to be protected. Land investment is now a risk for environmental reasons. Terry Williams, 4052 Jones Lane: He mentioned that two gentlemen from Seattle travelled to the South Fork in 1880 and left written word about the tremendous numbers of salmon in that river. Where are they now? Colleen Lourie, 1520 Geneva Street: She has heard many stories of the wildlife that used to be in the area and are no longer here. She supports the Critical Areas Ordinance. Forrest Ianvain, 2110 Humboldt Street: The combined weight of regulatory tampering has an effect on land prices. We are in an economic transition process in this county and must determine what the base will be for our children. He said. that is one of the ways to bridge the dichotomy of public and private rights. Steve Mach, 6232 Guide Meridian: He said the Council has the important task of choosing a good administrator. Bob Anderson, 203 W. Holly, # 19: He makes his living as an environmental planner. He is the person who resolves the differences between the polarized factions. There is no set state standards for all the issues being discussed in Whatcom County. He and Galvan disagreed about a conversation that had taken place between them. He said the County needs to balance the health, safety and welfare, and avoid the tragedy of the commons in destroying natural resources. He said this ordinance does not do that and goes to another extreme such as in the definition of streams. Judy Tilley, 1650 Galbraith Lane: She said she is a fifth generation Washington. She applauded the staff for the work that has been done on this ordinance. She distributed pictures showing what damage has been caused by a logging trail close to her property. People have property rights but what about those downstream who suffer from the offenses that occur upstream. Fred Miller, 3229 North Shore Road: Expand the enforceable conditions in this Whatcom County Council Town Meeting 4 -2 -92 Page 5 ordinance. There will be more citizen groups watching future permitting. The results of road maintenance and reconstruction have caused some disasters. He also spoke of stream setbacks and buffers. Sue Lorentz, 511 Wilson: She said community rights would takes precedence over property rights. She supports the draft ordinance and wants it to be administered properly. The Planning staff members would forma logical nucleus for administering it. She said buffers are very important in wetlands to provide a gradual change from stream to land. She urges a strong permanent ordinance. Art Castle, 1241 Roland Street and Director of the Building Industry Association: He agreed with a lot of the concepts but wondered what the long -term success would be. He would like to see an overlay of the maps and see the buffers on top of that. Warner said this is being done. Michael Lolley, Box 4396, Bellingham: He supports the process and said the cost of protecting the ecosystem will be a lot less in the long -run than repairing damages if it is not done. Lisa Watkins, 404 Cashmere Lane, Everson: The whole planet earth needs to be considered a critical area as there are more and more holes in the ozone layer. Whatcom County has a lot of clear- cutting on the east side of Highway 9. Selective cutting is economically viable. She said surface mining also concerns her. Commercial development is only attracting shoppers. Kevin Corrigan, 2110 Humboldt Street:. He said he loves what everyone is doing. He said Galvin's slide show explained the problem very well. The meeting adjourned at 9:42 p.m. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Barbara Maher, Deputy Clerk Daniel M. Warner, Chairman Whatcom County Council Town Meeting, 4 -2 -92 Page 6