Rezone Update

As expected, the City Council blew off the Planning Commission’s recommendation and voted 4-3 to approve the rezoning of the 43 acre wetlands/slough/farmland below me from Limited Open Space to General Commercial—for a third time in as many years. The City submitted its “Statement of Compliance” to the Growth Management Board on the 1st of December and we had until January 4th to respond. I pulled an all-nighter (minus a couple of hours sleeping in my chair), and sent mine off a half hour before the 5pm deadline. I had spent the last three months researching the obfuscation in the new 248 page “Supplemental” Environmental Impact Statement (SEIS), but I didn’t allow myself enough time to get everything I wanted into a coherent presentation. It was 30 pages, but it could have easily been 60.

This 2015 SEIS is supposed to remedy the environmental issues in the 348 page 2013 EIS that precipitated the Board’s invalidation of the rezone in 2014. In that 2013 EIS, the engineering firm that created it insisted that the blackberry bushes—eight feet high and hundreds of feet long—were solid ground according to their infallible LIDAR maps. If excavated, these “mounds” would provide all the compensatory flood storage they needed to raise their 11 acre building site a foot above floodplain. The Board felt they hadn’t adequately considered how grading the property down to the edge of the slough would affect currents during a flood and how that might erode the base of the steep slope at the top of which my forty neighbors and I reside.

East Monroe During Nov 18, 2015 flood

East Monroe During Nov 18, 2015 flood

With the blackberry bush ruse now untenable and clearly too little compensatory flood storage available to allow for raising the building site a foot above floodplain, the only option was to lower the floodplain. So, the engineering firm brings in an additional unimpeachable expert to impeach their own unimpeachable conclusions in the 2013 EIS. Miraculously, and to everyone’s astonishment, they “discover”—actually, they decide from a cursory investigation—that there is no culvert beneath the railroad tracks at the entrance end of the slough, so all the water in the slough is coming from ditches along the highway. Now, you might think that would be easy to disprove because every aerial photo shows the slough approaching the tracks from the south and continuing on to the north toward the East Monroe property, but the culvert is deeply submerged and in a difficult place to access. The railroad, BNSF will not confirm or deny there is a culvert there. A local farmer did investigate with an 8′ rod and found what he figured was likely the culvert. But, they’ve got the “expert” who authored the FEMA studies of the Skykomish and Snoqualmie rivers responding, “Frankly, if there is a culvert there, and it is buried, it is performing the same function as no culvert at all.”

This finding is incredibly convenient. It allows them—using the Army Corp of Engineers’ river analysis software—to model the slough as a very small tributary instead of a side channel of the river. It means flood water can only back onto the property from the west end. This in turn means, at the peak of a flood, the water in the slough is at a complete standstill. And, according to the expert, it means the base flood elevation can be lowered from 67ft to 65.35 ft. And, it means these are now the “existing condition” by which all other impacts are measured.

Well, of course, this is all BS, but it took downloading that software and its 800 page manual, and months of research to undermine the credibility of this expert with his own earlier pronouncements and studies—as well as those of many other experts in the field. Then, the day after the City adopted the new rezone ordinances, we had a flood. The water flowed in from the east end and continued down hill as it always does.

East Monroe flood 0225-

It is in the hands of the Board, now. The City has 10 days to respond to our objections.

Fortunately for the cause, another neighbor has a much better grasp of the legal inadequacies of this rezone attempt, and she submitted her own 30 pages on the subject. They have a lot to weasel their way out of. I’m pretty confident they will not succeed.

Catch A Falling Star/Rezone Update

Falling StarThis star fell out of the sky a couple of days ago and landed on my patio. It isn’t often you get to see where a falling star lands. I should have seen it as a good omen, because Tuesday night’s City Council vote went our way—the commercial rezone of this beautiful stretch of the Skykomish River Valley is finally a dead issue. This time, I am reasonably confident that a future zombie sequel is unlikely. When presented with an estimate of $195,000 to prepare a third Environmental Impact Statement that would have any chance of surviving appeals, two Councilmen threw in the towel. The vote went 5 – 2 in our favor. Of the two stalwarts for continuing, one was the guy who pushed for rescinding the same decision three weeks ago—he stuck with his argument that it was worth it just to change the color of the map, because having 43 acres of red on the map would draw the attention of developers to Monroe even if nobody could or would actually build on that particular acreage; the other was a guy who has seen it as purely a property rights issue and at this point the City owes it to the property owner to see it through to the bitter end.

If not for a few votes in the last election, that second guy would have been our mayor. He was on the Planning Commission four years ago when this rezone proposal was finally docketed—after many years of failing to get past the Planning Commission (because it is insane!).

Ostensibly, the actual owner of this property is a baptist fellowship. They purchased it in 1999 and shortly thereafter began lobbying to get it rezoned. The pastor of that fellowship, and the only representative of that fellowship I have seen or heard from in the four years that I’ve been involved, did get up and speak this time. He basically said all our arguments were lies and fear-mongering to selfishly protect our view and our appeals are the reason for the enormous cost to the City. There is some truth to the cost issue, but it’s a little like observing that the father is in jail for beating his wife and it is the kid’s fault for calling the police. Certainly, had a shopping center gone in on this property, it would have left the City scarred and crippled for many years. The pastor also said that the reason no one other than him among the Baptist community had shown up to support the rezone—at least in the last four years—is because they are too busy building orphanages in the mountains of Honduras (no, really, that is what he said). I spoke with someone afterward who seemed to know some members of his congregation, and this person’s take was that none of them had ever showed up because they were sick of the whole affair. I do have to say that the pastor and his son, a former City Councilman (now, political consultant) worked very hard and skilfully over many years to engineer a political window of opportunity for the rezone. I think that window is now closed. Hallelujah!

More Perseverance Required

Update on rezone battle:

Sunrise September 23, 2014

Sunrise September 23, 2014

My presumed victory and end point of last week was swept away when the Four Horsemen (Councilmen) of the Shopalypse showed up this week to rescind last week’s decision. The word got out this was about to happen and I was encouraged by the public outcry in the press and a capacity crowd at the Council meeting. The last time that happened was clear back at the beginning of the process, four years ago. About 15 people gave very articulate, impassioned shame-on-you speeches—the gist of which was, “You’ve already spent a ¼ of a million dollars of our money for the benefit of one property owner’s attempt at a rezone which almost nobody wants and the City certainly does not need. STOP!” But, of course, these guys have no shame. They went into executive session for an hour, so the public could not hear what they were saying, came out and voted to rescind on the grounds that the importance of the issue demanded a Council decision, not a tie-breaker by the Mayor. Also, they needed “more information on the cost of continuing,” putting a vote off until next week when I’m sure they are hoping the crowd does not reappear. The property owner was there– an enormous guy, dressed all in black, down to his cowboy boots– but he never said a word. It seemed rather Godfather-ish, as if he were only there to make sure his minions towed the line. On the other hand, I can see why he didn’t speak—most of the people there didn’t know who he was and he was definitely in an unfriendly crowd. The back story on this whole thing is the stuff of novels where it all seems too outrageous to be true. As you can see, Tuesday morning was lovely, but it turned to rain by the time of the Council meeting. Stay tuned, it ain’t over.

 

 

Perseverance Pays Off

Update on our commercial rezone fight—WE WON!!!!!

It is the dawn of a new day in the Skykomish Valley

Dawn Of a New Day

Sunrise–September 17, 2014

As the result of our appeal, on August 26 the Growth Management Hearings Board invalidated the rezone based on the inadequacy of the Environmental Impact Study. Although we won on the EIS issue, we could not convince the Board to overrule the City on the location issue. This left the City with three options: (a) Challenge the Board’s decision in Superior Court; (b) Try to fix the EIS to the Board’s satisfaction; (c) Forget about it. Fortunately, at this last Tuesday night’s Council meeting, a Councilman who would have voted for option B was absent, and the other votes were split 3 for and 3 against. This allowed the new mayor  to cast the deciding vote–option C was approved! It took four years and a new mayor, but common sense has triumphed over cronyism.