Background information: The Lincoln Park Retirement Home Center project proponents tell us that the demand for senior assisted living facilities is increasing rapidly, as baby boomers continue retiring; and, the need for facilities specifically designed for Alzheimer’s patients is skyrocketing.
According to the National Alzheimer's Association, Alzheimer’s is increasing at epidemic rates. Afflicting one in eight seniors over 65, and nearly half of all seniors over the age of 85. And, the rate is expected to more than triple as baby boomers continue to grow older. Today, Alzheimer’s causes more deaths than diabetes, breast and prostate cancer combined.
Unfortunately, no clinically proven methods exist to prevent, or cure, or slow the disease at this time. The Alzheimer’s Association is concerned that many communities will experience a shortage of specialized facilities. Whatcom County is one of those communities. Readers can learn more about caring for Dementia patients at the Washington State Department of Health website.
Unfortunately, no clinically proven methods exist to prevent, or cure, or slow the disease at this time. The Alzheimer’s Association is concerned that many communities will experience a shortage of specialized facilities. Whatcom County is one of those communities. Readers can learn more about caring for Dementia patients at the Washington State Department of Health website.
Case Summary: The Plaintiffs filed this lawsuit to challenge Defendant Whatcom County’s denial of a Conditional Use Permit application for the Lincoln Park Retirement Home Center. The crux of the matter is whether or not Whatcom County can approve a sewer extension for a tract of land that is predominately in a short term planning area.
What makes this case interesting? During the SEPA review, only one mitigation measure was added because the project was so carefully designed to avoid, minimize and mitigate environmental impacts. The project plan will leave over 45% of the site in protected open space while protecting and preserving an 8 acre wetland. We all know how contentious proposed development projects can be in Whatcom County. So, it is certainly appropriate to remark that is simply amazing that not one environmental group or any other stakeholder group appealed or objected in any way to the SEPA determination.
The Land Use Petition Act, Chapter 36.70C RCW (LUPA) governs such challenges, which are based on the Administrative Record and other supplemental evidence accepted by the Court. Plaintiffs submit this LUPA Opening Brief in preparation for the hearing/trial on the merits of the Land Use Petition scheduled for December 2nd at 9:00 a.m. in Snohomish County Superior Court.
Who are the project owners? Julie Carney was born and raised in Whatcom County. She works in property Management. Her husband, Mike, attended W.W.U. and has lived in Whatcom County for 23 years. He currently works as a Customs and Border Protection agent.
Julie's mother and Mike's mother are both currently residing in nursing homes. While visiting the homes, Julie and Mike decided that they wanted to build a facility in Whatcom County that will provide state-of-the-art care for the elderly, especially Alzheimer patients. The proposed facility will have 170 retirement suites for residential assisted care (55 and older) and 68 suites specially designed for the care of Alzheimer's patients. Providing a continuum of care allows patients to remain at Lincoln Park as the disease progresses.
About the Project: The project is located on 17 acres and is in a County designated Urban Growth Area between Birch Bay and the City of Blaine - within the service area of the Birch Bay Water and Sewer District. The site will provide gardens and trails in a private, tranquil setting perfect for viewing the abundant wildlife and birds that live on the property.
Why did the County deny the Conditional Use Permit? The plaintiff's attorney asserts in the LUPA that Whatcom County improperly elevated the Comprehensive Plan policy to the status of a rule and effectively superseded the development regulations. In short, the plaintiff's assert that the County's approach is contrary to a fundamental principle in the Growth Management Act - that individual projects are to be governed by development regulations and not by the broad goals and policies of the Comprehensive Plan. I know, it can be confusing. In an attempt to add clarity for the Counties, the Washington State Supreme Court said:
"Neither the GMA [Growth Management Act] nor the comprehensive plans adopted pursuant thereto directly regulate site-specific land use activities. Instead, it is local development regulations, including zoning regulations enacted pursuant to a comprehensive plan, which act as a constraint on individual landowners." Viking Properties, Inc. v. Holm. 155 Wn. 2d 112, 126 (2005) (citations omitted).
How you can help: The Lincoln Park Retirement Home Center is circulating a petition that supporters can sign and has also posted the email addresses and contact information for County Executive Jack Louws and members of the County Council on its website.
Key Whatcom County players: Royce Buckingham, Whatcom County Attorney, Whatcom County Councilmembers, County Executive Jack Louws and Hearing Examiner, Michael Bobbink
Additional background material for your review:
Whatcom County Council Action Taken May 12, 2015
Whatcom County Council Action Taken March 3, 2015
Key Whatcom County players: Royce Buckingham, Whatcom County Attorney, Whatcom County Councilmembers, County Executive Jack Louws and Hearing Examiner, Michael Bobbink
Additional background material for your review:
Whatcom County Council Action Taken May 12, 2015
Whatcom County Council Action Taken March 3, 2015
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