It’s another example of the classic battle between environment and development.
Government still keeps having problems trying to find a compromise.
In this case it’s for an affordable housing project near Kingston. The Spring Hill Townhomes are made up of 230 units, 60% of which are for low-income folks.
The project is being slowed by bureaucracy, and Hayes Gori, attorney for the developers, says in a letter to Kitsap County commissioners that the delays are costing them a lot of money. His letters says for the third time they’ve had to pay thousands of dollars to extend the purchase contracts for the properties. He says the permit application was done in June, and it’s supposed to be dealt with within three months. He said the development team hopes it can be dealt with by the new closing date of February of 2025.
A previous letter from Victoria Brazitis, county administrator, says the county and Department of Community Development are concerned about the lack of affordable housing, however, they have to balance that with the environment so the county remains “a desireable place to live.”
She says a wetland variance is required, and if developers don’t agree they can appeal to the hearing examiner. Gori says that has been done, and they want a hearing scheduled. The DCD has recommended denial. Gori wants county commissioners to step in and make sure the DCD and hearing examiner processes are done in a timely manner. In her letter, Brazitis explains that is not the role of the commissioners, as the hearing examiner is the step that needs to be taken.
The State Environmental Protection Act decision made last December provided a “determination of non-significance” on the project. Based on that, Gori says that developers have invested hundreds of thousands of dollars and hundreds of hours on the project. Gori claims that state law says this “may well constitute discrimination against affordable housng.” He says the project does not deviate from the critical areas ordinance, and it’s a “thinly veiled and unlawful attempt to delay and obstruct the project.”
He says years ago he was involved in a lawsuit against the city of Poulsbo on this very issue, and, they prevailed in Kitsap County Superior Court.
“Why is the county not allowing this?” he asks, adding land use attorneys and wetlands specialists agree. Gori also said the project is supported by the Army Corps of Engineers, Department of Ecology, Kitsap Building Association and many Kingston and county agencies.
Gori’s letter says their project includes clustering, which provides that wetlands and buffers can be calculated in the buildable area. He says the construction will only impact 7% of the lowest-functioning wetlands on the properties.
Kitsap County code says wetlands can be mitigated proportionally to costs. Gori’s letter says since there is “no net loss of ecological functioning” the county saying otherwise is “extortive and diminishes the value of the property.”
Gori points out that even the US Supreme Court has ruled there needs to be a balance between landowner’s rights to develop property and government’s right to protect the environment, and that denying that violates the Constitutional taking of property without compensation.
Gori says the commissioners provide oversight to the DCD so they need to make sure law is followed. He says the DCD policy “unlawfully prohibits us from mitigation.”
Commissioner Christine Rolfes says in an email to the paper that, “Arguing about the county’s wetlands ordinance has been a sticking point for them for almost a year and has precluded discussions about affordable housing on the property.”
In a follow-up email to commissioners, Gori says since the county has not hired a wetlands specialist, county code says it must defer to the DOE onsite inspection so “it has no basis to dispute our mitigation sequencing. Our project has been delayed by the county’s illegal request for a critical areas variance.”
He continues saying no matter what logic or analysis they provide, the DCD cannot be persuaded to follow the law.
