whatcom county council special...

PUBLIC HEARING

October 22, 1996

Nelson opened the public hearing, and the following people spoke:

WHATCOM COUNTY COUNCILSPECIAL COUNCIL MEETING

Absent:None

Also Present:Barbara BrennerTom BrownAlvin StarkenburgKathy SutterRobert ImhofMarlene Dawson

1. WHATCOM COUNTY COlVlPREHENSIVE PLAN, RESOURCELANDSIRECREATION (AB96-051D) AND HOUSINGIDESIGN ELEMENTS(AB96-051E)(public Hearing continuedfrom October 15, 1996)

Jim Lawson, 1222 Beach Ave., Lummi Island, president ofLummi Island Scenic EstatesCommunity Club (document on file): Property owners are opposed to the MRL designation onLummi Island adjacent to their residential community. The water system is dependent on surfacewater stored in an earth dam reservoir. This area is unstable and potentially hazardous toneighbors. Without that reservoir, residents would have no water. The noise level and trucktraffic has increased, affected quality of life, and lowered property value. This devalues property,and the property owners will hold the County responsible. Council should consider this arearesidential.

Louise Weber, P.O. Box 78, Lummi Island (document on file): The MRL designation isimproper for the site because it does not allow impact studies. Scenic Estates is directly affected

Albert Marshall, 2781 West Shore Dr., Lummi Island (documents on file): He commentedon Chapter 8, Resource Lands, which does not adequately address the issue of hard rock quarries.Quarries are more likely to be located on mountainsides where surface water exists. Undercuttingcalled dip slopes causes instabilities and rock slides, which need to be addressed in Chapter 8. Hereported on the geology ofLummi Island. Quarrying ofLummi Island produces unstable slopes.The danger of sloping sides was not considered when the Comprehensive Plan was considered.This Mineral Resource Lands (MRL) designation should be removed from the Plan.

The meeting was called to order at 6 p.m. by Council Chair Ward Nelson in theCouncil Chambers, 311 Grand Avenue.

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Public Hearing, 10/22/96,

1 by quarry operations, including stability ofmountain, water availability, and noise. Granting MRL2 is in conflict with the right to Rural Residential designation. Recent tax assessment raises3 property values without taking into consideration the adjoining quarry. The proposed 20 acre4 MRL designation should be removed from the Comp Plan, as it is in direct conflict with Title 20.56 Rita Foley, 3878 Blue Canyon Road: She spoke to a gravel pit that is less than 200 feet7 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 has9 been out ofwater for two months this winter as a result of this logging.

1011 Polly Hanson, 2781 West Shore Drive, Lummi Island (documents on file): The County12 budget is strained and dependent on the property tax. She asked if County government is paying13 attention to income streams, non-property as well as property tax. The fishing industry generates14 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. She16 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 of18 deadlines. The effects of the quarry is a question being asked by prospective buyers into Scenic19 Estates. She urged Council to be fiscally and morally responsible in protecting County assets,20 local enterprises, and local citizens.2122 Victor Armfield, 1210 Scenic Ave., Lummi Island (document on file): The water23 reservoir, which is the only source ofwater, is in jeopardy of being drained. If the area had been24 zoned Rural Residential Island, this problem would not be happening. He urged Council remove25 the quarry from the MRL designation.2627 Preston Schiller, 1120 Island Drive, Lummi Island: MRL designation should not occur, as28 it is incompatible with the adjacent Scenic Estates. There is noise 12 hours a day, six days a29 week, as the hours of operation are industrial area standards. Noxious diesel fumes blanket the30 neighborhood, and fine dust is created by quarry activities. He requested Council withdraw the31 MRL designation.3233 Alex Edelstein, 1258 Island Drive, Lummi Island (document on file): Everett Rock34 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 the36 County if designation occurs.3738 Jerry McRorie, 1284 Baker Ave., Lummi Island (documents on file): He thought Council39 should not go ahead with clear changes to neighbors and the environment without determining the40 mistakes to be made. The 20 acres should not be designated as MRL because the Scenic Estates41 residents have not been taken into consideration. Scenic Estates is already involved in litigation42 with the County. This could increase if the quarry is designated.43


1 Maribeth Aardmeyer, 1120 Island Drive, Lummi Island: Noise level is going on six days2 per week, 10-12 hours per day. The equipment operating is large scale equipment. Residents see3 large dump trucks and rock crushers working six days a week. Scenic Estates was platted in4 1963 before the quarry operations in 1964.56 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. She8 requested Council remove the MRL designation.9

10 Bob Shephard, representing Puget Power, Bellingham: He read a letter from Puget Power11 (document on file).1213 Brad Hoy, P.O. Box 4102, Nooksack, representing Hoy Sand & Gravel (document on14 file): His company is surface mining a parcel near Nooksack, which is considered non-conforming15 under the current County zoning. His property is to be designated MRL under proposed16 designation in the Comprehensive Plan. This is consistent with current use. He requested17 Council implement MRL designation to support this current use.1819 Robert Mitchell, Mayor, City of Sumas (document on file): He spoke on behalf of Sumas20 City Council. Sumas is interested in the Resource Lands Chapter because of the May Well Field21 site. The city has been utilizing water out of this site. The aquifer recharge area extends north22 and west of the town through unincorporated lands zoned agricultural. The recharge area is23 contained within the Sumas-Abbottsford Aquifer, which is good for three purposes: aquiferJ4 recharge, agriculture, and gravel mining. He supported the Draft Comprehensive Plan and urged25 Council change its policy regarding 8L-2, mineral deposits present in agricultural zones, which is26 a problem near their well head. The City of Sumas would like to see the original wording27 reinstated.2829 Frank Shelton, 3630 Alabama (document on file): He supported the recreation chapter of30 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. The32 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.3536 Tom Westergreen, 4800 S. Pass Road: He requested Council make sure what it is37 presenting represents the goals and policies of the County. He stated that some of the chapters38 conflict and are "mini" comprehensive plans in themselves. He pointed to what he thought was a39 major flaw in the Resources Chapter, which discourages conversion to non-agricultural and40 forestry uses. This should not be considered a conversion or an incompatible use. Present policy41 discriminates against mineral resource uses. Policy should not restrict use ofmineral resource42 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.


1 Lesa Starkenburg-Kroontje, 115 Front Street, Lynden, representing Whatcom Sand and2 Gravel Association: In 1992, the County Council adopted an ordinance to designate and protect3 mineral resource lands on an interim basis (Ord. 92-028 and Ord. 92-029). Nothing has happened4 since 1992 to protect mineral resource land districts. This needs to be addressed immediately by5 supplying a minimum of 50 years planning for mineral resource lands (MRL). Mineral Resource6 Lands are supposed to be the place to designate and protect mineral supply for the future. The7 Comp Plan reiterates that by saying the purpose ofMRL is to "ensure a long-time supply of8 mineral resources and provide predictability and land use". These areas selected should be9 targeted for mining and protected for use. Since 1993, the Department ofNatural Resources

10 (DNR) rewrote its law, which indicates that mining land must be reclaimed in segments and plan11 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 ofEcology (DOE) has also changed13 its law, including requiring sediment and erosion control. The County created the Development14 Performance Standards for Surface Mines, which include noise control, road use control, safety15 controls, and an enforcement section. All these things are in place and everyone is subject to16 them. Some changes are needed. The goals and policies are good.1718 Rick Benner, 4406 Minaker Road, Sumas (document on file): He pointed out that19 expanding the gravel pit north ofMinaker Road is inconsistent with the proposed policies and20 goals. Goal 2G encourages citizen participation. The average citizen is basically ignored.21 Planning needs to be done in light ofthe aspects ofthe County which are most valued, which22 include water quality and protection of productive agricultural land. Goal 2A accommodates23 preserving the qualities with the desired quality of life. The expansion of the pit will degrade the24 environment and lifestyle. Excavation should take place in low impact areas, such as industrial or25 commercial zones within the urban boundary--not pristine rural parts of the County.2627 Debra Benner, 4406 Minaker Road, Sumas: Recycling is an environmentally and28 economically feasible alternative to mining. Ifpolicies ofrecycling were followed, mineral29 extraction requirements would be much less. She was concerned with the proposed expansion of30 the Sumas quarry, noting that surface mining risks ground water levels. Many policies listed in31 the Comprehensive Plan are incompatible with the proposed expansion of the quarry near Sumas32 and Minaker Road. Sounds of pit activities are high frequency noises that are undesirable. Much33 damage has been done to County roads by the sustained use ofheavy trucks. There is negative34 impact ofthe expansion to the Cedar Springs Christian Center. Tourism is a valuable resource in35 this County.3637 Ron Robertson, 4419 Minaker Road, Sumas: Protection the citizens are receiving38 regarding the neighboring quarry in Sumas is insufficient. Additional mining will create lawsuits39 in order that citizens may protect their living standards.4041 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 this43 proposal.


1 Jim Bride, 8022 Cypress Way, Lummi Island (document submitted): Council has a2 responsibility to deal with the expansion ofthe Lummi Island quarry. The Lummi Island quarry3 has the only quality 'rock in Whatcom County to serve the market. If rock is brought in from4 Canada, it becomes even more expensive. Rock standards have changed in the last five years.5 Clay content ofLummi Island gravel is 0%, which is very important for many uses. The quarry6 company has gone out of its way to meet with neighbors and accommodate their needs. They7 have also made efforts to reduce noise levels.89 Steve Cowden, 3463 Cedarville Road: The river system is no longer a source for mining

10 operations due to federal regulations. Annual quantities ofmineral resources have been greatly11 reduced. Mining will be isolated to remote areas. He cautioned Council mining should not be12 counted on as being a reliable resource. Upland sites are going to be even more dependent. The13 federal level has eliminated mining permits.1415 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 Peaceful17 Valley, he said there are 485 lots existing. There are only 394 lots existing, including short plats.18 He thought there were a lot ofgood ideas in the Comprehensive Plan. More housing is needed in19 the Kendall area to reduce traffic on the Mount Baker Highway. He said he builds lower priced20 housing in that area due to low priced lots. There is a need to make the growth area a little larger21 in the Kendall area. There are approximately 250 good buildable acres in the water district that22 are not in the current growth management area. He would like to have some commercial and23 industrial land in the district to become a full-size town.2425 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 concrete27 aggregate in Whatcom County. Over 300,000 cubic yards of quality aggregate alone are needed28 annually to maintain the concrete industry ofWhatcom County. For Ferndale Ready Mix's29 planning purposes, they need to plan for a 10-year supply. The largest reserve currently will be30 depleted in approximately one year. Since 1991/92, the County has not permitted any new31 aggregate sites. The gravel industry must deal with compliances heavily regulated by the32 Department ofNatural Resources (DNR) and the Department ofEcology (DOE) before33 excavation permits are granted. He urged Council set aside NIRL for future generations34 (document on file).3536 Rob Lopresti, 1225 Undine Street: He spoke to the cultural aspects of the Comprehensive37 Plan and urged Council to stay the course of the Plan and develop the cultural arts facilities per38 the Plan.3940 Dan Taylor, 717-15th Street: He spoke to the Recreation Chapter, which essentially41 readopts the Comprehensive Park and Open Space Plan. This is something solid to last many4243


1 years; however, some amendments will be needed from time to time. He supported the Land Use2 Chapter. The Housing Chapter is good. The Design Chapter confronts conflicting needs in the3 rural areas and gives guidance in those areas.45 Joan Casey, 1015 West Toledo: She addressed the Recreation Chapter. Whatcom6 County attracts people to move here for the quality oflife. Major businesses locate in areas such7 as non-urban environments. She encouraged Council adopt the Plan as written.89 Lou Koorstra, 3308 Cherrywood: He owns 40 acres in the Sumas area and is opposed to

10 the expansion ofgravel pit in the area. There is a need to maintain the peacefulness, beauty and11 tranquility ofthe area. He commended Council for all their work.1213 John Bargen, 4592 Minaker Road, Sumas, representing Cedar Springs Christian14 Conference Center (situated at the end ofMinaker Road): He is opposed to the expansion ofthe15 gravel pit, which will come within 800 feet ofthe Cedar Springs property. Approximately16 7-8,000 people visit Cedar Springs every year for the quiet and view. Cedar Springs has been17 instrumental in bringing many tourists to the area. In the future, this is the place expensive homes18 will be built. The area is ideally suited for small, mini farms in five to ten acre parcels. Council19 needs to plan for the best use ofthe land. He pointed out an error in recommending this20 expansion being included in the Comprehensive Plan, which is on page B-27, #10, regarding21 expansions jutting into his property.2223 John Van Boven, 1046 Central Road, Everson: What is presently in the proposal for14 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 greatly26 reduced the reserve. River gravel is a usable project but is not available now and cannot be27 counted on in the future. Zoning areas without regard to quality and quantity do not meet the28 needs of the future ofWhatcom County. He urged Council look at quality and volume ofthe29 materials, not just acreage.3031 Herbert Killan, 9213 Telegraph Road: He thought it would be a good idea to open the32 extra land because it has quality grave1.3334 Jon Sitkin, 1616 Cornwall Ave., Suite 209: He spoke on two matters: forest rezone35 applications and mineral resource issues at the Honcoop Gravel site. Land should be added as36 mapped. There are no County-wide planning policies that speak to mineral resources. The37 Hearings Board looks at these County-wide planning policies. Also, industry is on hold for38 everyone facing these issues. He requested Council make available for purchase the written39 submissions to give the public an opportunity to rebut.4041 Phyllis Kronenburg, 2351 E. Pole Road, Everson: She noted there are serious defects in42 the draft MRL determinations, which are based on processes that were flawed. After stating she43 was on the Surface Mining Advisory Committee for three and one-halfyears, she made the


1 following points: 1) representation on the Surface Mining Advisory Committee was tilted in favor2 of the sand and gravel industry. As a result, consensus decisions were meaningless. 2) MRL3 were designated by the Planning Department after termination of committee function. 3) Conflict4 of interest was present both in committee make up and in non-members present during work5 sessions. Not enough effort was made to reflect the appearance offaimess. She gave examples6 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 and8 neighbors were not notified of activities and permits. No environmental impact studies have been9 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 MRL11. (document on file).1213 Al Hanners, 3007 Plymouth Drive: As a geologist, he is opposed to expansion ofthe14 Lummi Island quarry, as there is a potential for slides and therefore liability on the County's part.1516 Robyn duPre, 643 Marine Drive: The parks plan was developed with input of the Natural17 Heritage Plan. .There is a broad base of public support for parks, which are good for property18 values, as well as a place of recreation. A good plan is nothing without funding. The budget of19 the County should prioritize for Parks.2021 Gary Orr, Pacific Concrete, 2301 Huron: In five years, his company has lost22 approximately one-third of the needed aggregate, which has been used up. Quality material is23 needed. Mineral resource lands currently in the map have about 50% quality materials. Reserves24 are limited. There is no way in which to extend or bring on new MRL in the next 20-40 years.25 Almost 25% ofhis company's business is with the farming community. Concrete, block and brick26 are needed. If promotion ofMRL is not provided, a scarcity ofgood material and therefore27 higher prices will result.2829 David Grainger, Aggregates West, VanBuren Road: Gravel miners are also concerned30 with maintaining the quality of life.3132 Keith Howard, 4680 N. King Mt. Road: The Comp Plan, mineral resources background33 summary, shows a per capita usage of quarry materials. Most quarry rock is not ofhigh quality.34 Currently, the chapter shows that we have about 30% ofthe material needed for long-range35 planning. Sand and gravel sources need to be identified and made available to mine. The map36 regarding MRL areas designated shows that some areas do not have good quality rock.3738 Geris Allan, Sumas Road, City of Sumas: She endorsed the 1994 draft of the Comp Plan39 that keeps the restrictions. She stated the Killam gravel pit is going to take up 50% ofthe40 landscape. Aesthetics should be taken into consideration. Property values and standard of living41 will be decreased.4243


1 Christian Burnham, 1116 Beach Ave., Lummi Island: The noise and air quality levels on2 Lummi Island is unacceptable. More than a handful of people are affected.34 Jerry Hunter, 5531 Knight Road, Superintendent, Mt. Baker School District: He had5 concerns about the negative impact on the future tax base of the Mt. Baker School District by the6 proposed Plan. There is an absence of tax based growth to keep pace with residential and school7 district increases. This is going to create a movement ofgreater disparity among school districts.8 Student enrollment is increasing from the Peaceful Valley area. There are 611 lots available in the9 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 regarding11 Capital Facilities, several ofwhich he stated are perspective in nature. Channel adequate services12 to where people live now and will live in the future. People live in rural areas because of the13 availability ofaffordable housing. Public schools should be available in these areas. The14 Comprehensive Plan proposes developing hamlets. This is in addition to the already-existing15 Peaceful Valley and Glenhaven. Some policies are in conflict with certain goals. He requested16 Council withhold policies 1O(B)(5) and 1O(B)(6) (document on file).1718 Paul Schissler, 714 Wilson: The Comp Plan underestimates the information on the need19 for affordable housing. Lack of affordable housing is the leading cause ofhomelessness for20 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 proactive22 role. The cost of land alone raises the price ofhousing.2314 Roger Almskaar, Land Use Consultant, 1401 Astor (document on file): He represents25 four landowners and would like to see the County work toward sensible and fair boundaries for26 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 forest28 section should not have a ban on single family dwellings. A house should be allowed ifan owner29 meets fire protection requirements. Also, "incompatible use" should be defined. Commercial30 forestry is too restrictive on low-key outdoor recreation. If the overall density is low and most of31 the site is treed and well-managed, why not allow such things?3233 Sherilyn Wells, 1020 Geneva: There is a theme oflumping all resource lands together.34 Goals of the Growth Management Act (GMA) make a distinction with natural resources, such as35 renewable resources (forestry, farmland and fisheries). Mineral resources are not renewable.36 Council must eventually choose to protect the resources. The Lummi Island proposed expansion37 should require an Environmental Impact Statement (EIS). County Wide-Planning Policy K2 is a38 good policy. Council needs to look into the rumor that the Lummi Island quarry operator is39 involved in many lawsuits. Alvin Starkenburg should not take part in these hearings. Impact fees40 need to be in place to ease the cost to schools. Good growth management is not about being pro41 or anti-growth--it's about quality oflife and fiscal responsibility.4243


The meeting was adjourned at 9:35 p.m.

Hearing no one else, Nelson closed the public hearing.

These minutes were approved by the Council on J_a_n_u_a_r_y_2_8--,' 1997.

Peter Willing, Water Resources Consulting, 1903 Broadway, representing the City ofSumas, will come back next week.

WHATCOM COUNTY COUNCaWHATCOMCOUNTY, WASHINGTON

~~L. Ward Nelson, Council Chair

ATTEST:

Nelson noted written testimony will be accepted until November 12, 1996, in addition toanother public hearing.

ADJOURN

~d!!1 f"Jill Nixon, Recording Secretary

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