The following lists the history of what has taken place
since 1979. A nearly complete dossier of history/documents
is available in the public records, city of Bothell WA.,
U.S.A.. that we prepared for staff and city council
(Berry/Phillips).
The following list speaks for itself.
* In 1997 we applied for and had accepted by the city our
application for rezone hearing.
* We waited through eight+ (8) years of continuous excuses
as to why our hearing did not take place. Our request was
surpassed by many other requests as the city put the subarea
that we live in - into a "growth reserve" zoning of 1 acre
units. The reason given for 1 acre zoning was to give the
city "time to decide the appropriate zoning".
* In 2004 the city created the "Critical Species Habitat".
Our subarea was deemed an area too sensitive to develop
because of 2 small "salmon spawning" streams that passed
through the subarea. "Best available science" was cited -but
not any actual research conducted in the subarea. Because
our rezone request had never been heard we were forced into
a situation that could have been avoided years earlier.
* We continuously encouraged the city council to look into
the feasibility of very restrictive zoning, experimental
zoning yet to be developed and defined, that would require
65% forestation (old growth forest the intended goal) for
the entire subarea. (It was noted in council testimony by a
biologist that the upland portion of the subarea is not
suited for this type of forestation)
* The city council voted unanimously to put a highway
project through the upland portion (our properties - being
divided in two by the road) of the Critical Species Habitat
to accommodate a multi-county transporation project that was
badly needed to alleviate traffic in the area, traffic
caused by very rapid housing growth. The council voted to
make the highway exempt from Critical Species Habitat
restrictions. I reiterate; Because our rezone request had
never been heard we were forced into a situation that could
have been avoided years earlier.
* 17 months of work defining and refining a low impact
development code (LID) followed during which is was
discovered by city council members that the water flow data
used to establish the Critical Species Habitat was flawed
and included input from 8 streams that were not part of
habitat establishment.
* After the council voted to make the new LID city ordinance
three individuals, only one of them living in the subarea,
brought petition before the regional Growth Management
Council to try to reverse the new LID back into the original
concept of 65% forestation, a point deemed unnecessary by
the city's hired consultant. This petition adds more time to
our unfortunate state -- of being denied due process.
You be the judge. Have we been dealt with in any type of
fair manner? The highway project hangs over our heads, not
completed. There is no firm estimate on when it might be
built. We wait, not knowing when we might be able to
reasonably sell the property and move on. The land owners in
the subarea have been referred to as lab rats and that
description seems appropriate.
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