The Bothell City Council could vote tonight on whether to continue an appeal filed in response to a Central Puget Sound Growth Management Hearings Board ruling which overturned city legislation regarding development in the Fitzgerald area last year.
In late 2014, the council voted to loosen development restrictions in the Fitzgerald and 35 Avenue Southeast, and the Canyon Creek and 39 Avenue subareas.
A local environmental group called Save A Valuable Environment (SAVE) filed an appeal of that ordinance with the hearings board, claiming it was inconsistent with environmental protections laid out in the city’s comprehensive plan.
The hearings board sided with SAVE, overturning the city’s ordinance, citing possible damage to the salmon habitat in the area, and contamination of North Creek.
In August, the city council voted 3-2 to appeal the hearing boards decision, with then-mayor Joshua Freed, Del Spivey and Fred Lamb outvoting Tris Samberg and Tom Agnew to pursue the appeal.
Andy Rheaume recused himself after Lamb invoked council protocol which he claimed barred Rheaume from voting after a social media post Rheaume made opposing the appeal on his campaign page.
Former councilmember Bill Evans left before the vote. Evans owned property in the disputed area.
According to previous Reporter articles, many homeowners feel left in the lurch after decades of legislative turmoil affecting the area.
Current regulations upheld by the Growth Management Hearings Board restrict the amount of impervious surfaces which can be constructed in the protected areas, like concrete, asphalt and roofing.
Many areas in the subareas are zoned to contain only from one house per 4,000-square feet up to 9,600-square feet.
This has led to some homeowners feeling unsure of how their property value will change in the future, as well as limiting development options.
The newly inaugurated council voted last week at the year’s first meeting to hold a vote on whether or not to pursue an appeal to the hearings board’s ruling.
At the meeting, Bothell City Attorney Joseph Beck urged the council to continue with the appeal. He said not doing so would set a dangerous precedent concerning balance of power between local municipalities and state agencies. Beck also said if the city is successful in their appeal, they can choose to implement the regulations imposed by the Growth Management Hearings Board anyway.
In his estimates, the appeals process started in August is nearly finished.
Freed also brought up his concerns of a possible conflict of interest with councilmembers Tris Samberg, James McNeal, Davina Duerr and Mayor Rheaume, all of whom received at least $200 each in campaign contributions from members of SAVE, according to the Public Disclosure Commission which tracks campaign financing. Spivey did not receive funds from group members during his campaign, and information for Agnew and Freed was not available on the website.
The meeting will be held at 7 p.m. tonight in the council chambers, where the council will vote on whether or not to pursue an appeal.
