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HomeMy WebLinkAbout45.Coburn, J. 5-11_Public Coomment Jefferson Co SMP Michelle McConnell From:JerCoburn@aol.com Sent:Tuesday, May 11, 2010 3:59 PM To:Stewart, Jeff R. (ECY) Subject:Public Coomment Jefferson Co.SMP Attachments:Department of Ecology public comment SMP.doc Categories:LASMP Public Comment Attached File 1 Pg. 1 of 3 Department of Ecology Jefferson County SMP Amendment Public Comments To Whom It May Concern: The SMP update was officially started when Jefferson County entered a grant funding contract agreement with Ecology in June 2006. A Shoreline Technical Advisory Committee and Shoreline Policy Advisory Committee’s were formed and work to update our SMP was underway. Unfortunally the shoreline property owner was not represented in this process. Some people will say that there was waterfront property owners on the committees, but these carefully selected owners did not represent waterfront property owners in anyway. The overwhelming majority of shoreline property owners first clue to what the SMP update involved was when we received the January 2009 Shoreline Update from Jefferson DCD. (Blue postcard) It has been reported that Committee members were hand selected with preference given to people with strong environmental agenda’s while qualified volunteers that may have spoken out about unnecessary proposals were rejected. Dick Broders a member of the SPAC Citizen representation Committee spoke during the public comment period with the Jefferson County Commissioners and related insight to committee meetings, he said the meetings were a one sided view with no quarter given to property rights, he also related that many members were openly contempt of shoreline property owners. Mr. Broders said he could see where this SMP update was going and sold his waterfront property. SMA 90.58.130 requires that local governments involve all interested parties in updating SMP’s. It goes on to describe local property owners in that group. If a balance in property use and the environment as mandated by the SMP had made its way into this document I think we would have had the support of most shoreline property owners. Pg. 2 of 3 The shoreline property owners first opportunity to be heard came when the SMP Draft made its way to the Jefferson County Planning Commission. The public comment period at each Planning Commission meeting gave the property owners their first opportunity to be involved in the SMP update process. The Planning Commission, by a vote of six in favor to zero opposed, on July 15, 2009 transmitted the Final Draft SMP recommendation to the Board of County Commissioners. The Planning Commissions Final Draft complied with: Goals of the SMA (RCW) and Guidelines. (WAC) No Net Loss of ecological functions as described by DOE report on no net loss in the 2003 guidelines. Preference for water dependent uses. Economic Development. Conservation and Shoreline Resources. Respected private property rights while protecting the environment. Set shoreline buffers in Shoreline Residential and High Intensity zones at 50’ just like our neighbor in Port Townsend. DOE attempted to directly influence the Planning Commission and the DCD. A summary of Public comments was published and gives a window to how the DOE was attempting to influence the process. See Jeffree Stewarts letter to Planning Commission Chair Peter Downey (2961-334) Jeffree Stewarts letter to Michelle McConnell DCD Planner (2961-14) DCD Staff and DOE recommendations called for a reversal of most significant changes to the SMP Draft made by the Planning Commission. Pg. 3 of 3 The County Commissioners voted with DCD Staff and DOE. The voice and input of the shoreline property owners was extinguished. The entire process of updating our SMP has been flawed from the hand selected committee Members to the heavy influence of the DOE. The State and Federal Constitutions prohibit the government from taking property without due process and compensation. Placing a 150’ buffer plus a 10’ building setback in our backyards is a taking of control and use of our property. The updated SMP will make the overwhelming majority of waterfront homes non- conforming, but will do nothing to protect the environment in shoreline residential. Studies used to support big buffers are studies looking at natural habitats and are not generally applicable to the built environment. The big buffer drafts are based on the premise that the goal of the GMA is to restore functions and values by making large bands of developed lands bordering shorelines nonconforming. The common objective of creating nonconforming uses or structures within the buffer is to encourage the abatement of the structure over time and force a reversion to a predeveloped state. The GMA does not dictate such a result as a prerequisite for protecting critical areas. Betty Renkor’s DOE program on Nonconforming Uses and Structures (www.ecy.wa.gov/programs/sea/sma/st_guide/s mp/download) states the long term goal is to eliminate the Nonconforming Structure. Science took a backseat to ideology in creating the SMP update. Thank you, Jerry Coburn Port Hadlock, WA