You Be The Judge
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.