Chuckanut Ridge in a nutshellPermalink +
Sun, Jan 25, 2009, 9:59 pm // Larry HorowitzIn recent weeks, the Chuckanut Ridge / Greenways 3 mêlée has been blown way out of proportion and has become nothing more than an irritating sideshow. Personally, I am much more interested in the real story than a freak sideshow. To this end, I present Chuckanut Ridge in a nutshell.
Chuckanut Ridge (CR) is an 82-acre urban forest consisting of uplands, wetlands and steep slopes. Prior to 1980, CR was zoned single-family residential with one unit allowed per 20,000 square feet (sf), approximately 2.2 units per acre. Based on this zoning, CR could potentially accommodate a maximum of 178 single family homes before reductions for critical areas, stormwater facilities and rights of way. It is estimated that at least 25% (20 acres) of the parcel represents critical areas and required buffers. Of the remaining 62 acres, the City of Bellingham Land Supply Analysis estimates that 36% of a typical single family development would be needed for stormwater facilities and rights of way, leaving only 40 developable acres. Therefore, based on the pre-1980 zoning, CR could accommodate approximately 87 single family homes.
In 1980, City Council changed the zoning of CR from single-family to multi-family and changed the density from 1 unit per 20,000 sf to 1 unit per 3,000 sf (from 2.2 to 14.5 units per acre), a generous gift that has effectively increased the potential number of units by more than 800%. In theory, the current zoning allows the owner to build up to 739 units, 661 more than the 87 that could have built under the original zoning.
When questioned about the 1980 upzone, former mayor Mark Asmundson stated in an April 3, 1996 letter to the students of Wellspring Community School, “I disagree with the zoning presently in place, and I do not understand why in 1980 the City Council approved the kind of density that was allowed in this location.”
In conjunction with the 1980 upzone, City Council added a requirement to either construct a collector road between Chuckanut Drive and Old Fairhaven Parkway or widen the Fairhaven Bridge. According to minutes of the 1978 Bellingham Planning Commission, Planning Director Gregory Waddell responded to a question from Planning Commission Chairman Mark Packer by stating that “nothing can go on” before the prerequisite consideration is met. In other words, until the collector road is built or the Fairhaven Bridge is widened, no development can occur.
Based on conversations with both city staff and citizens who were around to see the outcome of the 1980 comprehensive plan update, the upzone and transportation prerequisites were tied together. In other words, the transportation system expansion was needed to accommodate traffic from new development along Chuckanut Drive. In the minds of those who were around at the time, it was clear that the city awarded the upzone in exchange for the developer paying the cost of building the collector road or widening the bridge.
As a side note, during a recent South Neighborhood Association meeting on January 13, Mayor Pike commented that it will be difficult for the developer to meet either of the prerequisite considerations.
There are thirteen wetlands impacted by the proposed Fairhaven Highlands development on CR, six of which are mature forested, Category I wetlands, including a sizeable one located on adjacent property owned by the city. However, the developer’s wetland delineation fails to identify the six Category I wetlands as mature forested, and, therefore, fails to assign them Category I status. As a result, the wetland buffers in the developer’s application do not meet the city’s minimum standards. In the three years since the wetland application was submitted, the city has not required these errors be corrected.
Critical Areas Ordinance (CAO); Vesting; Public Safety, Health & Welfare
The Growth Management Act (GMA) mandated cities and counties to adopt critical areas ordinances by September 1991; however, as of November 2004 (13 years later), Bellingham had still not adopted its CAO. At that time, City Council adopted Resolution 2004-36 and committed itself to completing this requirement by July 1, 2005. To no one’s surprise, Council failed to meet this deadline and did not adopt its CAO until November 21, 2005, just three days after the Fairhaven Highlands wetland application was submitted.
The initial Fairhaven Highlands applications for planned development and subdivision (preliminary plat) were submitted on April 18, 2005 and indicated that certain wetlands and wetland buffers would be filled and/or developed, an action that requires a Wetland and Stream (W/S) Permit application. Even though the required wetland permit application was not submitted until seven months had passed (on November 18, 2005), this omission did not prevent former planning director Jorge Vega from “determining” that the obviously incomplete planned development and subdivision applications were complete within 7 days of being submitted.
On December 5, 2005, City of Bellingham planner Kathy Bell emailed fellow planner Marilyn Vogel and wrote, “After reading the Concurrent Review section of Title 21 [of the Bellingham Municipal Code], it seems that we should have made the planned application incomplete since the application proposed direct wetland impact and a W/S Permit was not submitted.” (Emphasis added)
Because the Fairhaven Highlands applications were deemed complete (albeit erroneously), they are considered vested under the development regulations in effect on the date they were submitted. HOWEVER, as indicated under the Exceptions section of the city’s vesting ordinance, “An application for a land use approval may be denied or approved with conditions under the authority of the City to protect and enhance the public safety, health and welfare.” [BMC 21.10.260(B)(2)].
The Purpose section of the city’s CAO states that one of its key goals is to:
“Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding.” [BMC 16.55.010(D)(1)]
The CAO also states, “Critical areas ... may pose a threat to human safety or to public and private property.” [BMC 16.55.010(C)]
Further, in City of Seattle v. Hinckley, the Washington Supreme Court wrote, “There is no such thing as an inherent or vested right to imperil the health or impair the safety of the community. But, to be protected against such impairment or imperilment, is the universally recognized right of the community in all civilized governments; a protection which the government not only has a right to vouchsafe to the citizens, but which it is its duty to extend in the exercise of its police power.” (Emphasis added)
Because the developers believed they were vested, the Fairhaven Highlands application does not meet the safeguards that are unique to the Bellingham Critical Areas Ordinance. As a result, it is clear that this development imposes unreasonable risks to the public’s safety, health and welfare.
1) If in fact the transportation prerequisite to develop Chuckanut Ridge cannot be met, should the zoning revert back to the pre-1980 upzone?
2) Given that the Chuckanut Ridge parcel contains numerous critical areas, including six Category I mature forested wetlands, steep sleeps (some in excess of 40%), and landslide and erosion hazard areas, is the multi-family, high density zoning reasonable? Is it consistent with the Land Use Policies of the Bellingham Comprehensive Plan?
3) In accordance with the city’s own vesting regulations and the WA Supreme Court’s finding in City of Seattle v. Hinckley, should the city require the Fairhaven Highlands development to meet the standards that are unique to the city’s Critical Areas Ordinance in order to protect public safety, health and welfare?
4) Given all the problems facing the development of this property, what is this land really worth?
Thu, Apr 09, 2015, 5:03 am // Dick ConoboyThe Puget Neighborhood is about to become a bit more crowded but less than originally planned. 600+ students to be housed south of Fred Meyer.
6 comments; last on Apr 12, 2015
Sat, Apr 04, 2015, 1:15 pm // John ServaisThe port's latest bone-headed deal calls for the good citizens of Whatcom County to consider the options...unless we're enjoying our Groundhog Day.
3 comments; last on Apr 07, 2015
Paper Dreams in Fairhaven
Thu, Apr 02, 2015, 8:30 pm // Tip JohnsonThe difference between a threat and a promise
5 comments; last on Apr 03, 2015
Wed, Apr 01, 2015, 12:20 am // John ServaisPort of Bellingham today sold out our public waterfront to a foreign shell company formed 6 days ago. Sold it cheap and with a screwy arrangement.
32 comments; last on Apr 05, 2015
Sat, Mar 21, 2015, 11:16 am // Guest writerKamalla Kaur worked with David Mason on his biographical materials and offers this tribute to his illustrious life.
2 comments; last on Mar 23, 2015
Fri, Mar 13, 2015, 5:00 am // Dick ConoboyThe Whatcom County Council has sent discussion on changing the meth ordinance back to the Public Works, Health and Safety Committee
Thu, Mar 12, 2015, 1:06 pm // John ServaisAdd your thoughts and remembrances. Robyn du Pre` was a stalwart and true environmental advocate for Bellingham and Whatcom County. She died this week.
9 comments; last on Mar 23, 2015
Thu, Feb 26, 2015, 10:39 am // Riley SweeneyRiley shares some insight into the national political parties
5 comments; last on Mar 09, 2015
Wed, Feb 25, 2015, 6:31 am // Dick ConoboyIn a hearing, possibly on 3 March, the Whatcom County Council will consider an ordinance changing the rules for contaminated meth use sites.
1 comments; last on Feb 27, 2015
Mon, Feb 09, 2015, 6:00 am // Dick ConoboyNot all rent-to-own propositions are an unwise method to buy a home but some are schemes to rip off the unsuspecting tenant.
Mon, Feb 02, 2015, 9:34 am // Guest writerNo ballot mailed to you. You must request a ballot for voting in the Whatcom Conservation District election. Deadline to apply is Feb 9. By Barbara Perry
Thu, Jan 29, 2015, 10:56 pm // Tip JohnsonWherein Bellingham's billion dollar boondoggle is revisited
4 comments; last on Mar 03, 2015
Tue, Jan 27, 2015, 9:55 am // Terry WechslerThe Lummi requested on Jan. 5, 2015, that the federal government, through the Army Corps of Engineers, honor Art. V of the Treaty of Point Elliott and deny…
1 comments; last on Feb 04, 2015
Sun, Jan 25, 2015, 12:32 pm // Guest writerAdventures of George Pickett in the Pacific Northwest Wilderness
5 comments; last on Jan 28, 2015
Sat, Jan 24, 2015, 3:15 pm // Terry WechslerThe fourth area refinery crude by rail infrastructure project to receive permits without benefit of environmental review is being appealed, and provides an opportunity to make precedent.
Fri, Jan 23, 2015, 12:13 am // John ServaisThe second annual award for Citizen Journalism will be to The Political Junkie himself who runs the Sweeney Politics blog, Riley Sweeney.
2 comments; last on Jan 24, 2015
Tue, Jan 20, 2015, 3:07 am // Guest writerGuest article by Sandra Alfers. Water and sewer connections drive unwanted annexation. Trickle Creek homeowners are muzzled by a "no protest zone."
1 comments; last on Jan 20, 2015
Sun, Jan 18, 2015, 10:14 pm // Guest writerEllen Murphy gives us a poem for this Martin Luther King day of remembrance.
2 comments; last on Jan 21, 2015
Sun, Jan 18, 2015, 9:15 pm // Tip JohnsonWherein the ridiculous is ridiculed
5 comments; last on Jan 21, 2015
Thu, Jan 08, 2015, 2:54 pm // Guest writerTani Sutley guest writes about the vacation rentals situation and presents goals for the county council to consider for improving our rural neighborhoods.
1 comments; last on Jan 10, 2015
Wed, Dec 31, 2014, 1:16 am // Guest writerDuuhhh! Try doing without it. Marian Beddill provides an overview of our rural Whatcom County water situation and the efforts to find fair solutions.
3 comments; last on Jan 08, 2015
Wed, Dec 24, 2014, 1:23 pm // Riley SweeneyThe Herald gave us their top 10 stories, Riley gives you his top 5
Thu, Dec 18, 2014, 5:04 pm // John ServaisOne part of the environmental study for the proposed Cherry Point mega coal terminal has been completed and released. It deals with ship collisions - they call it…
2 comments; last on Dec 22, 2014
Thu, Dec 18, 2014, 12:26 pm // John ServaisBellingham Public Works shows how tone deaf they can be to business concerns. They insisted on street work that takes away up to 80 parking spaces in Fairhaven…
Tue, Dec 16, 2014, 3:51 pm // Dick Conoboy7-0! City Council Unanimous. Rentals Will Be Inspected in Bellingham. Thanks go to WWU students for speaking out to city council.
4 comments; last on Dec 18, 2014
Thu, Dec 11, 2014, 5:05 am // Dick ConoboyThe Bellingham City Council has added an inspection component to the registration-only rental ordinance proposal of Councilmember Murphy
4 comments; last on Dec 16, 2014
Wed, Dec 10, 2014, 6:37 am // Dick ConoboyThe ban on consumer fireworks that took effect last summer is valid all year, even New Year's Eve
1 comments; last on Dec 11, 2014
Tue, Dec 09, 2014, 1:31 pm // John ServaisThe Horizon Lines ship - the many year resident of the Port of Bellingham - broke loose this morning due to failure of some system. A few photos.
3 comments; last on Dec 10, 2014
Tue, Dec 09, 2014, 2:25 am // Guest writerTani Sutley writes of how unregulated vacation rentals are invading the Lake Whatcom watershed. She urges action before the Planning Commission meeting on 11 December.
4 comments; last on Jan 03, 2015
Wed, Dec 03, 2014, 2:20 pm // Richard LewisPoet Richard Lewis reflects on Elizabeth Warren
3 comments; last on Dec 07, 2014
Sun, Nov 23, 2014, 4:27 pm // Tip JohnsonWherein Whatcom's Klan heritage may be oozing from some cracks
8 comments; last on Dec 06, 2014
Sat, Nov 22, 2014, 3:48 pm // Riley SweeneyRiley dives into the data with precinct maps and historical perspectives
Thu, Nov 20, 2014, 9:15 am // Dick ConoboyCampus Crest Communities, Inc. has officially offered for sale the Lincoln St. property that was to be a student apartment development.
2 comments; last on Nov 23, 2014
Wed, Nov 12, 2014, 1:51 pm // John ServaisUpdated Nov 12. Howard Harris, the founder of the Bellingham silent peace vigil at the Federal Building in Bellingham, has died. He and Rosemary were leaders in our…
Tue, Nov 11, 2014, 2:34 pm // John ServaisOn this Veterans Day, a note about how vets need our government to step up - as has never been done. And a personal note on the power…
3 comments; last on Nov 13, 2014
Thu, Nov 06, 2014, 6:53 am // Dick ConoboyThe Campus Crest apartment complex may be the "victim" of a corporate restructuring plan.
3 comments; last on Nov 10, 2014
Tue, Nov 04, 2014, 12:28 pm // John ServaisWhile smearing Seth Fleetwood over a common tax arrangement, we discover Doug Ericksen also has a benign tax lien - one he denied.
6 comments; last on Nov 11, 2014
Mon, Nov 03, 2014, 8:14 pm // Richard LewisPoet Richard Lewis weighs in on the Tea Party values
Sat, Nov 01, 2014, 12:29 pm // Tip JohnsonOr why to vote for Nyima, the dog, for County Prosecutor
4 comments; last on Nov 03, 2014
Thu, Oct 30, 2014, 2:18 am // John ServaisA link to Riley's Political Junkie for excellent recommendations - and a few thoughts of my own.
1 comments; last on Oct 30, 2014
Thu, Oct 23, 2014, 11:01 am // Tip JohnsonIt's just how things roll in Whatcom County
5 comments; last on Oct 26, 2014
Wed, Oct 22, 2014, 2:44 pm // John LesowUpdate Oct 22: John Lesow has posted a comment with considerable more information on this issue.
1 comments; last on Oct 22, 2014
Tue, Oct 14, 2014, 6:36 am // Riley SweeneyRiley does a local political comedy show
1 comments; last on Oct 15, 2014
Wed, Oct 08, 2014, 6:24 pm // John ServaisThree final candidates for Bellingham Planning Director spoke today at a cozy 'meet and greet' of government employees and developers.
6 comments; last on Oct 11, 2014
Sat, Oct 04, 2014, 12:23 pm // Tip JohnsonWherein we see that sometimes government can do what business can't.
9 comments; last on Oct 07, 2014
Fri, Oct 03, 2014, 10:26 am // Dick ConoboyAn experienced real estate inspector provides a window to the dangeroous conditions found in rentals in Bellingham
3 comments; last on Oct 05, 2014
Thu, Oct 02, 2014, 2:33 pm // Riley SweeneyRiley files a full report of the Tea Party debate for State Leg candidates
1 comments; last on Oct 04, 2014
Tue, Sep 30, 2014, 8:00 am // Guest writerWherein a Fulbright scholar, professional engineer and successful business owner files for public office
4 comments; last on Oct 02, 2014
Mon, Sep 22, 2014, 5:07 am // Dick ConoboyLast Thursday, the Planning Commission voted to recommend the docketing of the spot rezone of 801 Samish from Residential Single to Commerical Planned (non-retail)
6 comments; last on Oct 03, 2014
Wed, Sep 17, 2014, 10:26 am // John ServaisWe post a disturbing report of a personal encounter along Samish Way, with the permission of John Stark, who experienced it.
2 comments; last on Sep 17, 2014
Tue, Sep 09, 2014, 8:21 am // Riley SweeneyRiley and John share the short list of who might replace Cathy Lehman on the Bellingham city council on January 5.
8 comments; last on Sep 10, 2014
Mon, Aug 25, 2014, 11:48 am // Terry WechslerWhile the state spends hundreds of thousands of dollars defining risks of crude by rail, Skagit County finds no significant adverse impacts of a crude-by-rail proposal.
1 comments; last on Aug 28, 2014
Fri, Aug 22, 2014, 2:06 pm // Guest writerPatrick McKee of the Sunnyland Neighborhood guest-writes about the August 11 City Council slap-dash zoning changes.
2 comments; last on Aug 23, 2014
Wed, Aug 20, 2014, 4:54 pm // Terry WechslerNot content with causing massive inconvenience, BNSF is now literally dumping on county residents.
10 comments; last on Aug 26, 2014
Sat, Aug 16, 2014, 3:48 pm // Guest writerJudith Green of the Sunnyland Neighborhood guest writes this brief summary of what went wrong with the planning last week.
1 comments; last on Aug 22, 2014
Fri, Aug 15, 2014, 7:12 am // Terry WechslerA massive upgrade of the Cascade [rail] Corridor has left residents stranded and the sheriff asking Washington, DC, to intervene.
7 comments; last on Sep 02, 2014
Thu, Aug 14, 2014, 3:13 pm // Guest writerSandy Robson guest writes of the need for real prosperity at Cherry Point, not a destructive short term coal port that destroys the fishing grounds.
5 comments; last on Oct 02, 2014
Tue, Aug 12, 2014, 10:52 am // Riley SweeneySome Context for the Primary Results
Mon, Aug 11, 2014, 11:31 pm // John ServaisBellingham City Council abruptly changes zoning codes to force Planning Department plan on Sunnyland residents.
7 comments; last on Aug 14, 2014
Fri, Aug 08, 2014, 10:10 am // John ServaisUpdated Wed evening. The Tuesday evening 8:20 pm Auditor report on the election is in.
5 comments; last on Aug 08, 2014
Election InfoCounty election results
State election results
Coal, Oil & Trains
Community Wise Bellingham
Powder River Basin R. C.
Local Blogs & NewsBellingham Herald
Bham Herald Politics Blog
Bham Politics & Economics
Friends of Whatcom
Get Whatcom Planning
League of Women Voters
Western Front - WWU
Local CausesChuckanut Community Forest
City Club of Bellingham
Futurewise - Whatcom
Lummi Island Quarry
N. Cascades Audubon
NW Holocaust Center
Reduce Jet Noise
Salish Sea Org.
Save the Granary Building
WA Conservation Voters
Whatcom Peace & Justice
Port of Bellingham
State election results
US - The White House
WA State Access
WA State Elections
WA State Legislature
Weather & ClimateCliff Mass Weather Blog
Nat Hurricane Center
Two day forecast
Watts Up With That? - climate
Edge of Sports
Famous Internet Skiers
Good Web SitesAl-Jazeera online
Foreign Policy in Focus
Innocence Project, The
Intrnational Herald Tribune
Julia Ioffe/New Republic
Middle East Times
New American Century
Paul Krugman - economics
Personal bio info
Portland Indy Media
Project Vote Smart
Stand for the Troops
Talking Points Memo
The Crisis Papers
War and Piece
NwCitizen 1995 - 2007Early Northwest Citizen
Quiet, Offline or DeadBellingham Police Activity
Citizens of Bellingham
Cordata & Meridian
Facebook Port Reform
N. Sound Conservancy
No Leaky Buckets
Protect Bellingham Parks
The American Telegraph