To vest or not to vest: Chuckanut Ridge & the CAOPermalink +
Fri, Feb 15, 2008, 9:13 pm // Larry Horowitz
After an extended hiatus, the battle over Chuckanut Ridge has begun to heat up again. In one corner: landowners Horizon Bank and David Edelstein. In the other corner: thousands of local residents from Bellingham, Whatcom County and Skagit County and organizations that represent them, including Responsible Development, 1000 Friends of Chuckanut Ridge, and the Coalition of Southside Neighborhoods (consisting of the Edgemoor, Fairhaven, Happy Valley, South and South Hill neighborhoods). The referee: the City of Bellingham. The prize: an environmentally significant 85-acre urban forest, mature forested wetland ecosystem, and fragile wildlife and salmon habitat bordered by Chuckanut Drive, Fairhaven Park and the Interurban Trail.
Since first applying for permits to build the massive 739-unit Fairhaven Highlands development on Chuckanut Ridge in April 2005, Horizon Bank and Edelstein placed their application on hold until February 2007 when they consented to the preparation of an Environmental Impact Statement (EIS). The battle restarted in earnest last month when the city held a public hearing on the scope of the EIS. During the 4-hour hearing, which was attended by more than 250 citizens, every person who testified spoke against the development. Not a single person testified in favor of it.
A key issue, in terms of permitting as well as the EIS process, is the vesting status of the Fairhaven Highlands applications and the determination as to which laws will apply. If vested, the Fairhaven Highlands applications will be regulated by laws in place at the time the applications were submitted. If not vested, the Fairhaven Highlands applications will be regulated by current laws. In terms of this development, the key element is the adoption of Bellingham’s Critical Areas Ordinance (CAO) in December 2005, just three days after the Fairhaven Highlands Wetland & Stream application was submitted.
There is a common misunderstanding that an application is vested if the application is determined to be complete. In fact, according to the Washington State Vested Rights Doctrine, an application is vested only if it meets the completeness requirement AND it complies with the existing zoning ordinances and building codes in effect at the time the application is submitted.
Notwithstanding the city’s determination that the Fairhaven Highlands applications are complete, there is substantial evidence that these applications and their components are incomplete, incorrect, insufficient, contradictory, or overly vague. In addition, there is substantial evidence that these applications fail to comply with key zoning ordinances and building codes that were in effect when the applications were submitted. Based on evidence summarized in Responsible Development’s January 23, 2008 supplemental comment letter on the scope of the EIS, it is clear that these applications do not meet the requirements established by the state’s Vested Rights Doctrine and are not vested.
What does this mean? Failure to meet the vesting requirements will require the applications to comply with the regulations established by the 2005 Critical Areas Ordinance, which are based on best available science (BAS). These regulations are designed to protect environmentally sensitive and hazardous critical areas such as wetlands, fish & wildlife habitat conservation areas, frequently flooded areas, and erosion and landslide hazard areas. Among the goals the CAO seeks to accomplish are:
• Prevent injury, loss of life or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding; and
• Protect, maintain and restore healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, fish and wildlife and their habitats; and to conserve the biodiversity of plant and animal species.
In one corner, Horizon Bank and Edelstein are fighting to prevent their Fairhaven Highlands applications from being subject to the CAO and its environmental safeguards designed to protect lives, property, and fragile ecosystems like Chuckanut Ridge.
In the other corner, thousands of local residents are fighting to protect their homes, their families, the unique Chuckanut Ridge Category 1 mature forested wetlands, valuable headwaters to two salmon bearing streams, a keystone wildlife habitat, and a pristine ecosystem.
These fellow citizens are asking for your support. To learn more, please click on the links below.
Related Links:-> Information from 1000 Friends of Chuckanut Ridge & Responsible Development
-> Contribution form to support Responsible Development in its mission to protect Chuckanut Ridge
-> Pledge form to support 1000 Friends of Chuckanut Ridge in its mission to acquire Chuckanut Ridge
Fri, May 24, 2013, 12:18 am // Guest writerMarian Beddill provides a general guide for the public, with a look at the history of water rights in Washington state.
2 comments; last on May 24, 2013
Wed, May 22, 2013, 10:12 am // Guest writerBy Guest Writer Nicole Brown. This is a call to action for county citizens as the county tries to ram through the slaughterhouse rezones.
5 comments; last on May 24, 2013
Mon, May 20, 2013, 11:48 am // Dick ConoboyYou can give your money, normally dished out to fireworks manufacturers and distributors, to organizations that help our disabled veterans. Change the way we celebrate Independence Day.
Fri, May 17, 2013, 4:44 pm // John ServaisTuesday morning and nothing in today's Bellingham Herald. Nor online. We provide the basics to fill in this latest omission by our "daily" newspaper.
9 comments; last on May 23, 2013
Thu, May 16, 2013, 11:55 am // Wendy HarrisThe public process on the revised waterfront plans is an empty charade
1 comments; last on May 17, 2013
Wed, May 15, 2013, 10:23 pm // Wendy HarrisThe political censor police are listening to you
5 comments; last on May 16, 2013
Mon, May 13, 2013, 2:50 am // Dick ConoboySome very important issues with respect to the University Ridge private dormitory project in the Puget Neighborhood will not be considered in the approval process.
6 comments; last on May 17, 2013
Fri, May 10, 2013, 9:22 am // Wendy HarrisThe City Planning Commission Advocates "Free Market Capitalism" Approach to Waterfront Planning.
1 comments; last on May 12, 2013
Thu, May 09, 2013, 11:07 pm // Wendy HarrisA recent letter by the Parks Department fails to contain reassurance that the geese will be safe from extermination this year.
Wed, May 08, 2013, 8:53 am // Dick ConoboyAmbling University Development has proposed building private, off-campus dormitory buildings in the Puget Neighborhood. Their revised proposal was submitted on 29 April.
Mon, May 06, 2013, 1:40 am // Guest writerPaul deArmond is remembered by his sister Claire. He was a Republican-at-Large.
2 comments; last on May 08, 2013
Sun, May 05, 2013, 2:45 pm // John ServaisHelp fund a scientific study looking for links between diesel locomotives, coal trains and unhealthy air.
Sat, May 04, 2013, 12:09 pm // Guest writerWendy Scherrer reminds all who support modest sized grade schools to try and attend the meeting Wed, May 8, in the evening.
3 comments; last on May 10, 2013
Fri, May 03, 2013, 10:16 pm // Wendy HarrisThe Humane Society is bringing herding dogs to control Silver Lake geese, but it is not an optimal situation for success.
Wed, May 01, 2013, 10:31 pm // Wendy HarrisThe County Parks Department has allocated funding for playground equipment, but has not allocated funding for wildlife management planning.
1 comments; last on May 03, 2013
Sun, Apr 28, 2013, 9:30 pm // John ServaisNew York Times columnist, Paul Krugman, has a masterful short article that explains why austerity is not working.
3 comments; last on May 23, 2013
Wed, Apr 24, 2013, 6:05 pm // Wendy HarrisThe only urgency underscored by the Silver Lake geese is the urgency of enacting a comprehensive wildlife strategy.
4 comments; last on Apr 29, 2013
Wed, Apr 24, 2013, 10:58 am // John ServaisThe Gristle in today's Cascadia Weekly is devoted to a tribute to Paul de Armond. Tim Johnson gets it right.
Mon, Apr 22, 2013, 5:52 am // Riley SweeneyRiley attends Tea Party training and runs afoul of Rep. Overstreet
1 comments; last on Apr 22, 2013
Sun, Apr 21, 2013, 12:59 pm // John ServaisWell known political writer has died.
5 comments; last on Apr 23, 2013
Sat, Apr 20, 2013, 10:52 am // Wendy HarrisThere will be no due process for the Canada geese, or the public, before the County Parks Department lethally removes the geese from Silver Lake
4 comments; last on Apr 24, 2013
Sat, Apr 13, 2013, 8:19 pm // Tip JohnsonWherein we see how the Ds do the work the Rs can't get away with
7 comments; last on Apr 17, 2013
Sat, Apr 13, 2013, 2:47 pm // Tip JohnsonWherein the people who call capping a clean-up say toxics safe enough for day care.
1 comments; last on Apr 25, 2013
Wed, Apr 10, 2013, 10:24 pm // Wendy HarrisThe Waterfront District Sub-Area Plan needs policies that favor adaptive reuse and preservation of historic waterfront structures
Mon, Apr 08, 2013, 11:56 am // Tip JohnsonWherein we complain about the City and Port stealing from the public
6 comments; last on Apr 13, 2013
Sat, Apr 06, 2013, 2:59 pm // Dick ConoboyDangerous fireworks likely to continue being sold in Bellingham for this 4th of July
1 comments; last on Apr 06, 2013
Sat, Apr 06, 2013, 1:06 pm // Wendy HarrisThe city's proposed new Economic Development Chapter is based on an outdated economic theory
1 comments; last on Apr 06, 2013
Fri, Apr 05, 2013, 3:59 pm // Wendy HarrisNew slaughterhouse proposal "wishes away" current agricultural zoning restrictions.
10 comments; last on Apr 21, 2013
Thu, Apr 04, 2013, 11:48 am // Dick ConoboyIt seems that for Apple products, you do not really own that hard drive... as a journalist recently discovered.
2 comments; last on Apr 13, 2013
Mon, Apr 01, 2013, 3:00 pm // Wendy HarrisGovernment agencies responsible for the GPT project have completed review of the scoping comments.
Tue, Mar 26, 2013, 9:36 pm // Wendy HarrisA beneficial reuse provision in the Waterfront District Sub-Area Plan would allow construction materials that are contaminated with bioaccumulative toxins.
Tue, Mar 26, 2013, 8:59 pm // Wendy HarrisThe City Planning Department has included a technical document in the waterfront proposal without disclosing important impacts.
1 comments; last on Mar 30, 2013
Sun, Mar 24, 2013, 3:01 pm // Tip JohnsonWherein the Cattlemen define 'small scale' as an unlimited number of facilities of up to 50 million live pounds per year.
3 comments; last on Mar 26, 2013
Sat, Mar 23, 2013, 10:53 pm // Tip JohnsonWherein the rate base gets a soaking while officials keep big-bubble toking
7 comments; last on Apr 08, 2013
Tue, Mar 19, 2013, 9:05 am // John ServaisThe Bellingham Herald article today is wrong. There is no hearing tomorrow, March 20
Sun, Mar 17, 2013, 8:42 pm // John ServaisWendy Harris writes about the proposed $8 million concrete bridge along the Bellingham waterfront - using Greenways funds to build.
3 comments; last on Mar 20, 2013
Tue, Mar 12, 2013, 10:50 am // Dick ConoboySeveral complaints to the city seem to have occasioned a postponement of a height variance hearing until a complete development proposal is submitted.
1 comments; last on Mar 12, 2013
Mon, Mar 11, 2013, 6:37 am // Guest writerGuest writer Shane Roth writes in favor of the reconveyance of Lake Whatcom land back to the county.
1 comments; last on Mar 11, 2013
Fri, Mar 08, 2013, 12:54 am // Guest writerDelaine Clizbe guest writes. Whatcom County has 7,100 acres of park land, with 1,900 acres actually developed. Yet we keep adding land, and not developing our parks.
16 comments; last on Mar 12, 2013
Wed, Mar 06, 2013, 10:05 am // Dick ConoboyYou are not likely to escape the coming transfer of $billions from your pocket to the health insurance industry. You will get little, if anything, in return.
4 comments; last on Apr 05, 2013
Tue, Mar 05, 2013, 3:20 pm // Tip JohnsonWherein it's even worse when the legislation is about sausage
Sun, Mar 03, 2013, 4:17 pm // Dick ConoboyDo we need to recreate the sounds and sights of the battlefield when doing so brings pain and suffering to our combat veterans?
Sat, Mar 02, 2013, 8:03 pm // Tip JohnsonWherein the ironies of life are explored and the necessities of life are contemplated
2 comments; last on Mar 12, 2013
Fri, Mar 01, 2013, 4:19 pm // Wendy HarrisA variance request pending before the City could create a loophole for developers seeking to avoid compliance with development standards.
5 comments; last on Mar 07, 2013
Tue, Feb 26, 2013, 6:39 am // Riley SweeneyRiley details upcoming merger between PeaceHealth and a much more conservative entity
1 comments; last on Feb 26, 2013
Mon, Feb 25, 2013, 6:54 pm // Dick ConoboyThere is a private sector development proposal to house approximately 600 students in the Puget Neighborhood on 11 acres to the east of Nevada St.
5 comments; last on Feb 27, 2013
Mon, Feb 25, 2013, 5:51 pm // Tip JohnsonWherein artists have to eat, too!
Fri, Feb 22, 2013, 3:01 pm // John ServaisRiley Sweeney has posted a great video clip of Sen. Doug Ericksen flouting rules and legal procedures at a Senate hearing in Olympia.
Fri, Feb 22, 2013, 2:47 pm // John ServaisThe election created a new park district with taxing power - but with NO control over Chuckanut Ridge - the 100 acre woods.
1 comments; last on Feb 23, 2013
Tue, Feb 19, 2013, 9:40 pm // Wendy HarrisAn "Updated Preferred Alternative" reduces the number of waterfront jobs and expands the boundary of the waterfront district.
Fri, Feb 15, 2013, 12:20 am // Tip JohnsonWherein the Slaughterhouse Ken and Barbie show present Slaughterville, their new vision for Whatcom County
9 comments; last on Feb 19, 2013
Wed, Feb 13, 2013, 3:42 pm // John ServaisThe Park District vote is close and we will not know final results until late ballots are counted.
6 comments; last on Feb 19, 2013
Wed, Feb 13, 2013, 2:59 pm // Wendy HarrisParticipate in the public process by commenting on the new Economic Development chapter to the city comprehensive plan
1 comments; last on Feb 15, 2013
Sat, Feb 09, 2013, 12:14 am // John ServaisThe proponents have avoided the issues on the Park District as the close of voting nears this weekend.
2 comments; last on Feb 12, 2013
Wed, Feb 06, 2013, 10:42 pm // John ServaisWhen is a vote No the most positive and common sense action? Check the park district opponents website to learn why.
15 comments; last on Feb 10, 2013
Tue, Feb 05, 2013, 12:59 pm // John ServaisThis Park District proposal has several ironic twists and facets - some involving the advocates.
10 comments; last on Feb 07, 2013
Sun, Feb 03, 2013, 3:05 pm // Guest writerNicholas Zaferatos explains why he is concerned about the park district and looks at the long and short term views if the issue.
11 comments; last on Feb 06, 2013
Sat, Feb 02, 2013, 11:18 am // John ServaisThe Chuckanut Park District ballot issue has another 10 days to run. A few notes about NWCitizen and this issue.
11 comments; last on Feb 05, 2013
Fri, Feb 01, 2013, 3:16 pm // Guest writerDr. Gibb explains some history to the issue in a brief article.
8 comments; last on Feb 03, 2013
Thu, Jan 31, 2013, 12:36 pm // Guest writerPaul Leuthold and Byron Elmendorf explain why to vote NO on the Chuckanut Park District ballot measure.
19 comments; last on Feb 12, 2013
New LinksReconveyance Challenge
Salish Sea Org.
Current InterestCommunity Wise Bellingham
Friends of Whatcom
Lummi Island Quarry
League of Women Voters
Paul Krugman - economics
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 CausesBellingham Police Activity
Chuckanut Community Forest
Citizens of Bellingham
City Club of Bellingham
Community Wise Bellingham
Cordata & Meridian
Facebook Port Reform
Futurewise - Whatcom
Jail - local mega plans
Lummi Island Quarry
N. Cascades Audubon
NW Holocaust Center
Reduce Jet Noise
Salish Sea Org.
Save the Granary Building
WA Conservation Voters
Port of Bellingham
US - The White House
WA State Access
WA State Elections
WA State Legislature
Weather & ClimateCliff Mass Weather Blog
Two day forecast
Watts Up With That? - climate
Edge of Sports
Famous Internet Skiers
Good LinksAl-Jazeera online
Foreign Policy in Focus
Innocence Project, The
Intrnational Herald Tribune
Middle East Times
New American Century
Paul Krugman - economics
Personal bio info
Portland Indy Media
Project Vote Smart
Talking Points Memo
War and Piece
NwCitizen 1995 - 2007Early Northwest Citizen
Internet At Its BestTED
Quiet, Offline or DeadBellingham Register
N. Sound Conservancy
No Leaky Buckets
Protect Bellingham Parks
The American Telegraph
The Crisis Papers