BELLINGHAM — The City Council will decide which construction projects can skirt the city’s own strict environmental protection rules, the council said Monday.
Even after road, building, utility and parks projects get a thumbs-up from council members, they will need to meet strict environmental standards before skirting the critical areas ordinance, city staff said.
The ordinance restricts development near wetlands, frequently flooded areas, geologically hazardous areas and wildlife habitats.
Applying the ordinance could hurt or kill several projects, including the extension of San Juan Boulevard from 40th Street through wetland areas to near Pacificview Drive, according to a staff report. It could also hamper an intersection upgrade at East Bakerview and Irongate roads, and construction of a 2.5-million-gallon water reservoir in the Samish neighborhood.
The local chapter of antisprawl group Futurewise has said exempting projects from the important law sends a “do as I say, not as I do” message to the private sector.
Residents on Monday opposed exempting any projects.
“What the city is really seeking is a financial relief for these projects,” resident Wendy Harris said.
Staff on April 14 proposed a law qualifying all transportation, water and sewer, storm water, parks, fire, police, library and other governmental facilities projects in the Comprehensive Plan for exemption from the ordinance. The council said the list was too big.
On Monday, the council voted 7-0 to have staff draft a law requiring the council to approve a specific list of potentially exempt projects, and draft the first list. Under that proposal, the council could update the list at any time after Planning Commission and council public hearings.
City staff would approve projects on that list if they meet four other criteria:
“Just because City Council added something to the list, there’s a very distinct possibility that that project would not be able to meet the performance criteria to qualify for that exemption,” Assistant City Attorney Alan Marriner said.
Staff hasn’t yet determined when they’ll return a draft ordinance and list to the council.