GA Advocate
Sept. 1, 2011, Issue

INSIDE THIS ISSUE:
• UPCOMING MEETINGS
• GATEWAY PACIFIC TERMINAL – Sept. 8
• 2 WC REZONE HEARINGS – Sept. 8
• 2020 LOW-IMPACT DEVELOPMENT PROGRAM – Sept. 8
• IS EVERY PUDDLE OR DITCH A "CRITICAL AREA”? – Sept. 15 seminar
• BELLINGHAM IMPACT FEES
• TITLE 17 FLOOD CODE REVISION
• CITIZENS FOR RATIONAL SHORELINE PLANNING v. WHATCOM COUNTY
• BIAWC FALL CLASSES
• GROWTH MANAGEMENT and LAND USE SEMINAR – Nov. 3-4

UPCOMING MEETINGS:

WHATCOM COUNTY PLANNING COMMISSION
Thursday, September 8, 6:30 p.m. at the Whatcom County Council Chambers
   • Two rezones south of Smith Road, west of Guide Meridian
   • Birch Bay rezone

BELLINGHAM CITY COUNCIL
Monday, September 12, 7 p.m.

WHATCOM COUNTY COUNCIL
Tuesday September 13, 7 p.m.
 
Next GAC meeting:  Thursday, Sept. 8, starting at 11 a.m. for Gateway presentation.
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GATEWAY PACIFIC TERMINAL
Craig Cole will speak to the BIAWC and guests at 11 a.m. on Thursday, Sept. 8 (a regular GAC meeting time). Craig plans a half-hour presentation then questions, at the BIAWC offices. All BIAWC members and guests are welcome to attend. It’s a brown bag lunch session – please bring your own.  Anyone interested in the Gateway Pacific Terminal project is welcome to attend, but please RSVP by Sept. 6 to lindat@biawc.com so we know what size room to reserve.
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WHATCOM PLANNING COMMISSION 2 HEARINGS – Sept. 8
1. Rezones south of Smith Road: 
• A proposed rezone of 552 acres south of Smith Road and west of Guide Meridian, from Rural 1 dwelling unit per 10 acres (R-10A) to Rural 1 dwelling unit per 5 acres (R-5A).
• A proposed rezone of 9 acres south of Smith Road and west of Guide Meridian, from Rural 1 dwelling unit per 10 acres (R-10A) to Tourist Commercial (TC), and to amend the Whatcom County Comprehensive Plan land use designation from Rural to Rural Tourism for the same property.
For materials for these applications click here.  For information contact Gary Davis at (360) 676-6907.  Written comments may be submitted to:
     Whatcom County Planning Commission
     ATTN: Becky Boxx
     5280 Northwest Drive
     Bellingham, WA  98226
     Email: PDS_Planning_Commission@co.whatcom.wa.us
2. Birch Bay:  In response to a Growth Management Hearings Board ruling, Whatcom County is rezoning certain land in the Birch Bay area from Rural one dwelling/five acres (R5A) to Rural one dwelling/ten acres (R10A).  The subject properties are on the west side of Blaine Road., between Birch Bay-Lynden Road and Alderson Road. Background information, draft alternatives for rezoning land, flood maps, wetland maps, and public hearing information are on the county website. The County Council is expected to take action on this matter in September and/or October 2011.  Address questions to Matt Aamot at maamot@co.whatcom.wa.us or (360) 676-6907.
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2020 LOW-IMPACT DEVELOPMENT PROGRAM – Sept. 8
2020 Engineering will host a luncheon (lunch will be provided) from noon to 1:30 p.m. Thursday, September 8, to discuss how low-impact developments can fit your site. Residential, commercial and public development will be discussed. 2020 Engineering plans a presentation featuring project examples and a round table discussion on costs, permitting, maintenance and LEED credits. Who should attend: architects, landscape architects, planners, designers and developers who are currently involved in or interested in learning about low impact development. The luncheon will be at the 2020 Engineering offices, located in the Wellspring Building, 814 Dupont St., Bellingham, WA 98225. To RSVP or If you have questions, please contact 2020 Engineering at (360) 671-2020 ext. 100 ask for Lindsay, or by email at Lindsay@2020engineering.com.
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IS EVERY PUDDLE OR DITCH A "CRITICAL AREA”?
Due to high interest following Whatcom CAPR’s May seminar on wetlands, CAPR and BIAWC are bringing hydro-geologist and engineering geologist Steve Neugebauer back to present two wetlands programs on Thursday, September 15.  A technical presentation for engineers, wetlands scientists and consultants is planned from 1-5 p.m.  Steve will talk to property owners and a lay audience from 7-9:30 p.m. about how the presence of a legitimate wetland is scientifically determined. Both sessions will be held at the BIAWC, 1650 Baker Creek Place, Bellingham. WA 98226. Admission is $40 per person for the technical presentation, and $20 per person for the general session, or $50 for both. There is a discount for those who attended CAPR’s earlier wetlands seminar on May 21. For more information, contact Roger Almskaar at (360) 671-1324.
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BELLINGHAM IMPACT FEES
Executive Officer Brian Evans has suggested developing a list of priorities so GAC and BIAWC in general can shift from reacting to other’s proposals to a position of proposing practical and useful solutions. The issue of impact fees currently tops the list of our concerns. In a recent GAC meeting, the suggestion was made that we propose cutting fees, which have become onerous ("$27,000 per unit and you’re going broke”), not just delaying payment.  A task force will be formed to work with Brian on proposals, to offer the Bellingham City Council. Let Brian know if you’re interested in participating: briane@biawc.com.
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TITLE 17 FLOOD CODE REVISION
A BIAWC task force is sending a second letter to Whatcom County Council suggesting specific considerations in the county’s Flood Control Code update (Title 17 – AB2011-242). The revision currently remains in committee at the county level.
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STATE SUPERIOR COURT case 84675-8 – Citizens for Rational Shoreline Planning, et al., v. Whatcom County
This case, decided last month, alleged that current setbacks from the water’s edge are an unconstitutional taking. The superior court did not agree, ruling that the SMP is a state, not local regulation and thereby rendering the law in question, RCW 82.02.020, inapplicable. The subject affects impervious surface rules, building and remodeling. 

Background: In October 2008, CRSP filed a complaint in Skagit County Superior Court alleging that Whatcom County's Shorelines Management Plan imposed direct or indirect taxes, fees, or charges in violation of RCW 82.02.020. CRSP noted that certain aspects of the county's newly amended SMP were identical to aspects contained in the Whatcom County Critical Areas Ordinance (CAO), and pointed to the SMP's buffer zone provisions, which prohibit construction within 150 feet of shoreline streams and marine shores, 100 feet from certain large lakes, and between 25 to 300 feet from wetlands. CRSP also noted that the SMP limits the buildable area of structures located on nonconforming lots within the SMP's shoreline buffer zones to 2,500 square feet. Ecology intervened on behalf of Whatcom County, and moved to dismiss CRSP's complaint under CR 12(b)(6), arguing that SMPs are state, not local, regulations, thereby rendering RCW 82.02.020 inapplicable. The superior court agreed and dismissed CRSP's complaint.
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BIAWC FALL CLASSES
The fall class roster includes a couple courses with a legal slant:

• "Lien Law” and "Construction Contracts,” morning and afternoon sessions on Wednesday, Sept. 28. This combo of very practical advice is taught by the esteemed Linville Law Firm of Seattle.
"Lien Law,” 8 a.m. to noon: Understand the circumstances in which you must give a preliminary lien notice to an owner and/or general contractor, and the rules on preparation and recording, setup, filing and foreclosing of a claim. The class is worth 4 real estate clock hours, 3 insurance CE hours.

• "Construction Contracts,” 1 to 4:30 p.m.: Covers what to include or avoid in a contract with an owner or general contractor, clauses designed to resolve disputes and limit warranties. Worth 3.5 real estate clock hours, 3 insurance CE hours. For CGA/CGB/CGR credit – must attend both classes. 
Cost: Lien Law – BIAWC members $125; nonmembers, $200.
         Contracts – BIAWC members $150, nonmembers $200.

The registration deadline for both classes is Sept. 20. For registration and more information, see the BIAW webpage on Lien Law or Construction Contracts. For a full list of BIAWC’s fall classes, see our website, under the Education tab: www.biawc.com/content/education/education.asp. Early registration helps us plan for these and is greatly appreciated!  Contact Linda with any questions, 671-4247.
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GROWTH MANAGEMENT and LAND USE SEMINAR – Nov. 3-4
Law Seminars International presenting 29 speakers at the Seattle Grand Hyatt at Olive 8, in a program designed for attorneys, real estate, land use and environmental professionals, city and county officials, planning consultants, and anyone else involved in managing growth and development in Washington. Topics include the Ruckelshaus final report for agriculture and critical areas projects, new shoreline plans and their relationship to GMA, permit procedures and appeals, and recent vesting developments and challenges. Information: 206.567.4490 or 800.854.8009. Register by email at registrar@lawseminars.com or online at www.lawseminars.com . Regular tuition is $995 with a group rate of $745 each for 2 or more from the same firm.
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