HomeMy WebLinkAboutSpecial Council September 3 1992WIIATCOM COUNTY COUNCIL
Special Meeting, Thursday, September 3, 1992
Ferndale High School Auditorium
The meeting was called to order at 6:30 p.m. in the Ferndale High School
Auditorium, Ferndale, Washington, by Dan Warner, Chairman.
Also present: Absent:
Barbara Brenner (late) Marge Laidlaw
Larry Harris
Ken Henderson
Bob Imhof
Dennis Vander Yacht
HEARINGS
PROPONENTS' PRESENTATION: Bob Tull, Attorney
- First area rezone, then design, then permits, then building.
- Trull site is only site in Whatcom County for this intended activity. It has all the
features needed -- railroad, I -5, etc.
- This area properly set aside as R -10 with the understanding that industrial use
might take place in the future.
- Compatibility with the area which already has a railroad.
- Rezone will have other benefits: environmental benefits including protection of the
creek and wetlands and pollution reduction due to a reduction in truck traffic; economic
benefits come from many jobs, both local and state -wide; social benefits will free community
from its dependence on Canadian retail trade as this infrastructure will spin off commercial
development.
- Planning Department approves the proposal and has worked with the proponents
to make many changes.
- Answers to criticism: (1) The neighborhood impact will be almost nil because the
truck routes will be directed away from residences and because buffering will reduce the
noise to levels below current levels; (2) No other site is as appropriate- -Canada doesn't help
the U.S. or the locals, Ferndale is too small, Grandview and Portal would involve switching
across two roads, and Cherry Point is too far per truck.
- The company will have set backs on the creeks through the property.
OPPONENT'S PRESENTATION: Win Wilson
- Residents .feel their rural lifestyle will be destroyed.
- Planning Commission has twice rejected this proposal.
Peter Gruman, Attorney with Brett & Daugert
- Proponents have failed to meet the conditions and rezone criteria.
Leclezio Rezone Hearing Minutes, 913192, Page 1
- Water and sewer must be in place before development, not after
- Rezone creates an LII island in a rural sea.
- Rezone will discriminate against small land owners.
- Comprehensive Plan calls for flexibility when time comes; now is simply not the
time in light of the present County land use plans.
John Hruby
- Read "Findings of Fact and Conclusions of Law" out loud.
- If allowed, rezone will set precedent for all rural rezone.
- Blind commitment to economic benefit is wrong; planning, not spot rezone is
required.
- Conditions for the rezone have not been met: the demonstrated need for more LII
and water /sewer requirements in place before development.
- Rural quality of life in Custer will be destroyed.
Dave Feldman
- Gave testimony against rezone.
REBUTTAL: Tull
- Suggested opponents see the book for the full testimony of proponents.
- Approval of rezone allows important solutions to problems through design.
- EIS is probably needed.
- No permit will be issued until the Health Department and all others approve the
plan, which provides protection for the county.
- Wrong to state that industrial sewers come first. Wrong even at the state level.
Can't happen that way because sewers must be coordinated with development.
- Water -- developers have rights with the Custer Water Association; the fire flow is
in storage. If they can't get water, they can't go forward.
- Company contract with District 8 for sewer.
- Challenges opponents to be factual, not emotional.
- Comprehensive Plan calls the area under discussion suitable for LII; a lot has
changed, making the rezone acceptable.
- Some people just don't want this rezone regardless of plans and facts. It's part of
the NIMBY syndrome: Not In My Back Yard.
SURREBUTTAL: Gruman
- Referred to Carmichael memorandum, which is the exact opposite of Tull's.
- Charged that the presentation of the proponents on intermodal transport given too
much time.
- Other sites are available for switching, warehousing, etc.
- Questioned why all other facilities are included in the plan (gas pumps, restaurants,
etc.)
- Custer Water Association availability not probable.
- County Planning staff assert need to extend water and sewer before development
Leclezio Rezone Hearing Minutes, 913192, Page 2
in other places.
- Company speaks of infrastructure before development.
Hruby
- The need for an intermodal transport facility is a smoke screen.
- This is a major industrial development that could be split up or in smaller places,
i.e., 7 -15 acres.
- This is a free trade zone - -it's cheaper for Canada if stored here, but will cost
communities.
- Transportation information given is faulty. Way station will be avoided by not
having to go south. Overweight trucks to Canada will be the result.
- Spur line at Cherry Point; Custer says no just as Ferndale did previously.
- Burden is on the company to show it can't go elsewhere.
REBUTTAL: Tull
- Opponents ignoring existing infrastructure that is in place now. There is no other
place like it.
- In the past the County has called this appropriate.
- Asking for 230 acres is not a spot zone. It is a rezone. Fewer acres would be a spot
zone perhaps.
PUBLIC HEARING:
Edna Wilson, Custer: The railroad makes too much noise. Would you like it in your
backyard?
Jake Creasey, 7650 4th St., Custer: More petitions against. Custer Water Association
is not capable of finding more water to furnish a development. Can be forced by the State.
Aloyse Ebe, 2976 W. Main, Custer: Railroad noise is terrible and getting worse.
Switching will increase the noise. Triple pane windows were suggested by Mr. Tull. While
it's not choice farming land, it can grow some crops. Custer is the last rural county life.
Don't sell out.
JoAnne Creasey, 7650 4th St., Custer: Custer is a fine place to live. The rezone is a
spot rezone and wrong. Read a letter from Johnny Whitely who is against.
Carl Hibma, 7913 Valley View, Custer: He is a small dairy operator who supports
the rezone. It would reduce costs of transportation. The agriculture land is not good. It does
not plow or feed cows well. One of the worst he has worked on. Custer needs the facility.
Michael Thomsett, 3200 Vallette St., Bellingham: He supports the rezone.
Transportation problems are not severe. Exit 27 has an outlet. Other developments will
succeed. Water and sewer will come. The area has great promise; this facility is the key.
Leclezio Rezone Hearing Minutes, 913192, Page 3
Brenda Pye: 3320 Bay Rd., Ferndale: She is not an opponent of growth, but only in
designated areas. No rezones should be given just for those with money. It's only 1/a mile
from Custer. Traffic will be blocked for local residents. Hours will be open at night, not 9 -5.
It is a spot zone.
Ravyn Whitewolf, 3224 Bay Rd., Ferndale: The local quality will be destroyed. No
new evidence has been presented to change the Planning Commission's decisions. The
facility is out of character for the area.
Burton Vanderbilt, 915 High Line Rd., Bellingham: He is against the rezone. It is
inconsistent with Growth Management. Consistency preserves the quality of life even if it
hurts individuals. Growth Management does not promote growth- -this rezone does.
Pressures will come for more growth. Support of this is hypocritical in face of Growth
Management.
Robert E. Seidel, 7110 Valley View Rd., Ferndale: He likes Custer and is upset that
this hearing is held since the Planning Commission turned the rezone down. This rezone is
poor planning.
Pat Cohn, representing Maust Corporation: The corporation supports the rezone. It
has interest in using these facilities. There should be minimal traffic impacts, but has the
advantages of employment for local people, warehouse good, and good neighbors.
Ed. Kaplan, 508 14th St., Bellingham: Supports. The international commerce will
given us a competitive advantage which will determine success (economic benefits). We
could have failure (rural slums).
Connie Moreau, 3256 Grandview Rd., Ferndale: Industrial growth continues at
Cherry Point, and while there are economic benefits, it is detrimental to the local
neighborhoods. Wants to preserve local quality of life.
Lora Strobel, 5337 Elder Rd., Ferndale: The requirements for the rezone have not
been met. The whole thing is for narrow economic gain. The land was bought for around
$500,000, but will be worth $8 million if rezone goes through. Not all the Planning
Department supports this.
Bob Clair, 3777 Marine Way, Burnaby, B.C.: The foreign market place requires this
for competitive reasons. The international competition is fierce.
Alice Medeas, 3451 Arnie Rd., Custer: She is for the rezone. Says this is not an
isolated area. It is close to other development.
Bertha Safford, 7401 Valley View Rd., Custer: She is against. She says community
and social values are not emotional. Custer is a viable community with 400 elementary
Leclezio Rezone Hearing Minutes, 913192, Page 4
school children. Custer is safe for them, but the rezone will change this.
Joseph Sheckter, 13850 Ravine Dr.: Owns industrial property at Cherry Point. He is
neutral, but there is too much un- factual information. The rezone presentation has some
totally untrue statements.
Gary Gushwa, 5022124th Pl. S.E., Everett: Works for Burlington Northern. Whatcom
County is a hot area for industrial development. Several other good areas have serious
defects. This one is the best - -no flooding (they were "high and dry"), close to other facilities,
and power and water needs are no more than for a few residences.
Ruth Trull, 7417 W. Mercer Way, Mercer Island: For. She referred to the State
Intermodal study and talked about the importance of trade; competition, and freight
transportation needs.
Mike Brennan, Bellingham / Whatcom County Chamber of Commerce and Industry:
They support the rezone. Pointed out that local communities do not take transportation
needs seriously (except alternatives); also, Growth Management requires attention to
economic benefits and transportation, not only wetlands, etc. There are many solutions
available.
Jack Petrie, 2955 Sunset, Bellingham. He works for Trull and Leclezio. In order to
compete, the community needs intermodal transport. Comprehensive Plan called for
industrial use. This one is economically and environmentally viable. We must compete for
free trade or lose.
Jim Trull, 7417 W. Mercer Way, Mercer Island: He is for. He owns other property
here. This is an exciting area. Read letter from Ray Flagherty listing all the benefits of
intermodal. Pointed out that the present transportation facilities are outmoded.
Gary Dennis, 44508 S.E. 151, North Bend: Works for Maust Corp. as trucker and
terminal operator. Overweight trucks are not a problem.
Louis Leclezio, 10021 N.E. 16th Pl., Bellevue: He is for. Thanks for the support from
many, even thanks the opponents for forcing good changes.
Cynthia M. Sicilia, 972 Chuckanut Dr., Bellingham: Principal of Custer Elementary
School. Custer and the school are growing fast. Child safety is an issue.
Dot Nichols, 6415 Vista Dr., Ferndale: Against. The need is "tremendous" here for
an intermodal facility, but the process for this has been wrong. The community deserves a
consistent Comprehensive Plan; this does not meet the Plan requirements for a rezone. The
community deserves the protection of the Comprehensive Plan.
Leclezio Rezone Hearing Minutes, 913192, Page 5
Tony Kuphaldt, 8451 -C Custer School Road, Custer: Against. There is a need, but
the timing is wrong. Pass now, details later is wrong. The noise and other impacts are bad.
Questions if this is the "seed" for further industrial growth.
The meeting was adjourned at 9:33 p.m. as per plan. The Chair requested further
written testimony.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
a
ancy hn, Assistant Clerk Daniel M. Warner, Chairman
Leclezio Rezone Hearing Minutes, 913192, Page 6