Wildlife & Timbers Edge Info - 1/11/09

Peacocks in the Preserve? If you are wondering if there were really peacocks in the Illahee Preserve we have two photos that show evidence of the demise of one next to the Preserve parking area on McWilliams Road. On Saturday, while looking at the trail work done by the Rotary and some Illahee residents, we could hear a peacock's call in the Preserve. Evidently, someone on the south side of McWillams Road raises peacocks, according to a recipient of our Updates.

Mottled Fox Sighted. There have been mottled foxes along the shoreline area of Illahee for years. They are noctural animals and not often seen. When they are seen they can easily be mistaken for a dog because of their mottled coloring. We had to go to some detailed fox books a few years ago to verify that there really are mottled foxes and that was what we had in that area of Illahee. We have seen red foxes in the Brownsville area, and red foxes have been seen in the area around Illahee State Park and the Preserve. So far it is just the one area where the mottled foxes have been seen.

Photos? We have heard of one person who has photographed some of the mottled foxes and hope to get ahold of them and get some pictures to share.

Timbers Edge Legal Documents. We have been providing the closing argument documents of the Timbers Edge appeal and now it is time to provide those prepared by the Timbers Edge lawyer, Ron Templeton. There will be two documents which will be Document #4 and Document #5.

Document #1. Illahee Community Club Closing Brief Regarding Lack of Compliance with County Code (Sent out on 1/10/09) (NOTE: FILE IS TOO BIG TO UPLOAD)

Document #2. Illahee Community Club Closing Brief Regarding Lack of Compliance with the State Environmental Policy Act (SEPA) (Attached)

Document #3. Illahee Community Club Closing Brief Attachments (Attached)

Document #4. Timbers Edge Closing Arguments (Attached)

Document #5. Timbers Edge Rebuttal to the Illahee Community Club's Closing Briefs

Document #6. Illahee Community Club Reply to the Timbers Edge Rebuttal

Lots of Information. We understand this is a lot of information to comprehend. There are many people who will be affected by the Timbers Edge development and so we want to provide them the necessary information. Newspapers do not the the space to cover extensive projects like this so this is likely the only place this information will be available, except for the files at the county.

Jim Aho

More Questions & Timbers Edge Info - 1/11/09

More Questions. There are questions regarding the Illahee Creek culvert and the new Gilberton Creek culvert.

Illahee Creek Questions. What is happening with Illahee Creek? Did the County's excavation of all the sediment in the culvert work? Were there any problems with the December storms? We heard the culvert is filling back up with sediment - is that true?

Gilberton Creek Questions. We heard there is a grant being applied for to restore Gilberton Creek? Are you going to post any pictures of the small bank washouts upstream and downstream of the new culvert? Is the Great Peninsula Conservancy trying to buy Gilberton Creek adjoining properties? We heard that the southern portion of the Gilberton Creek watershed and the culvert is within the Illahee Community boundary, but not the lower portion of the stream? Who is the point of contact for Gilberton Creek questions?

Timbers Edge Legal Document List Update. It turns out we did not list all the legal documents in our previous Update. We left off the "attachments" to the Illahee Community Club closing arguments (now Document #3) and failed to note the Timbers Edge closing arguments (now Document #4). We think the following list of documents is now correct. (NOTE: SOME OF THESE DOCUMENTS ARE TOO LARGE TO BE UPLOADED AT THIS TIME)

Document #1. Illahee Community Club Closing Brief Regarding Lack of Compliance with County Code (Sent out on 1/10/09)

Document #2. Illahee Community Club Closing Brief Regarding Lack of Compliance with the State Environmental Policy Act (SEPA) (Attached)

Document #3. Illahee Community Club Closing Brief Attachments (Attached)

Document #4. Timbers Edge Closing Arguments

Document #5. Timbers Edge Rebuttal to the Illahee Community Club's Closing Briefs

Document #6. Illahee Community Club Reply to the Timbers Edge Rebuttal

State Environmental Policy Act (SEPA) Appeals. We don't know much about these appeals except they seem to be subjectively decided. The issue seems to be what is a "significant" impact. The developers deny their project will have a significant impact and are good at finding engineers who agree with them. After all, it is a matter of someones interpretation of "significant."

County Generally Sides With Developers. The county normally tries to work out the best deal they can for the environment, to a point. However, when the developer's engineers come in with documents that say there will be no significant impact of a project they need to generally agree since these documents are signed by registered Professional Engineers. That is unless there is conflicting information.

Community Involvement Needed. That is where communities need to be vigilant because there are developers, engineers, and expert witnesses out there who will provide answers not necessarily for the benefit of the community or the environment.

Illahee Involvement Example. An example of how the Illahee community first became involved with Timbers Edge project was when large concrete detention vaults were being proposed to be installed on the steep slopes of Illahee Creek. Briefly, the developer's geotech firm said it wasn't a problem, so the community hired a geotech firm to do an independent study and they concluded there were problems. That situation then required a third party independent study that agreed there were problems. If the community had not gotten involved they would likely be living with the detention vaults, along with all the county taxpayers would have inherited paying for any future problems.

Another County Reason to Side With Developers. Another reason the county sides with developers is if they deny a project and the developer challenges it in court and is successful, the county ends up paying all the court costs along with damages. So with those possible financial liability concerns, county officials are likely advised to side with the developers and very rarely do they find "significant" impacts that would warrant an environmental impact statement or EIS.

Another Problem for Communities. Another problem communities have is they do not have equal status once the county has made a determination there is no significant environmental impact or that the impact can be mitigated to not be a significant impact. The county environmental officer's decision is weighted or given extra authority over that of the community. The only possible way to prevail is for the community's expert witnesses to be so good or compelling that Hearing Examiner is somehow swayed to rule against the county officer. It then becomes a situation of the Hearing Examiner's ability to understand the issues and rule appropriately. In Kitsap County they have rarely, if at all, over-ruled the environmental officer's decision.

Why The SEPA Appeal Then? That is a good question for the Illahee Community Club. We have heard they felt they had no choice. They have told us that they feel the possibility of losing Illahee Creek as a salmon stream was a significant environmental impact that the Hearing Examiner could not ignore.

SEPA Arguments. That was a long introduction from our non-legal background and possibly uninformed perspective of the SEPA issues. The particulars of the Timbers Edge SEPA appeal are in the attached document. The attachments to the SEPA appeal are in the second attached document.

Comments Appreciated. We have given you our best understanding and appreciate any alternative interpretations and comments.

Jim Aho

Questions & Timbers Edge Information - 1/10/09

Questions. We have been getting questions on a number of items we present in our Illahee Updates.

Examples. What are the new Illahee community boundaries? What was a peacock doing in the Preserve? Why were you glad to see the commercial corridor removed from the Community Plan? What are bio-infiltration swales? What is tightlining and why is it bad? Where is Illahee North and its detention pond? What is happening with Timbers Edge and what are the legal issues? Where is Timbers Edge? When is the sewer going to be installed? Are they still dumping untreated stormwater at the Illahee dock? When are you going to put in my wildlife report? What is happening around the Illahee Preserve by the Mental Health facilities? We saw some flagging on Almira - is it for the proposed Preserve parking lot?- is it going to be built soon? When is the final updated Illahee Community Plan going to be issued? Are you going to have party to celebrate? Is the Citizens Advisory Group going to disband or keep meeting?

These and many more are questions residents have asked and we would like to start answering them as best we can. If anyone would like to try and answer any of these, please feel free and we will pass them on.

Timbers Edge Response. Timbers Edge items are the most often asked questions. First of all, Timbers Edge is a proposed development going in along the ridge south of the main fork of Illahee Creek. Residents in the area of the development are concerned about the small legacy sized lots (many are 3400 square feet), and the traffic impact on Fir Drive, which is not being upgraded. Others are concerned about the impact to Illahee Creek fearing further loss of the base flow in the creek will result in it no longer being a viable salmon stream. Those concerns were substantiated by studies paid for by community residents several years ago that cost approximately $14,000. This past year the Port of Illahee/Department of Ecology grant report also substantiated the concern of the residents regarding the base flow in the stream.

Residents Not Against Development. The residents in the area are not against development, just the high density development being proposed, and the detrimental impact to Illahee Creek.

Compromise Recommended. Resident representatives met with the developer and recommended larger lots with septic systems as being acceptable to the community, but were told that the cost of putting in sewers was small in comparison with the anticipated profit, and therefore the developer rejected the idea.

Legal Battle In Progress. The community met and agreed to hire a lawyer to contest some of the development issues. Most importantly, they provided the dollars necessary for the legal battle. This was on top of the legal costs associated with the Illahee Outfall Project that was appealed to the Shorelines Hearings Board and is currently going through a settlement process. Those costs in 2008 for both appeals amounted to a few dollars short of $20,000; mostly for lawyer fees and expert witnesses.

Legal Costs Continue. The legal costs for Timbers Edge continued with written closing arguments and the Illahee Community Club urgently needs contributions to its legal fund, which will be substantial again in 2009.

Legal Documents. We have received copies of the legal documents and are going to send out them out over the next few days. We have found them well written and interesting. There are four documents so far with the latest being sent out on Friday 1/9/09.

Document #1 Illahee Community Club Closing Brief Regarding Lack of Compliance with County Code (Attached)

Document #2 Illahee Community Club Closing Brief Regarding Lack of Compliance with the State Environmental Policy Act (SEPA)

Document #3 Timbers Edge Rebuttal to the Illahee Community Club's Closing Brief.

Document #4 Illahee Community Club Reply to the Timbers Edge Rebuttal

Legal Appeals Costly. As a person reads these documents the high costs become evident. A synopsis of the comments of many residents is something like this: "We will live here for many years, possibly our lifetime. If we don't stand up for what we think is right, we will end up with a mismatched development, road/traffic problems, a degraded or failed salmon stream, among other things. This appeal is the only opportunity we have to try to get this development done right and if you don't do something now we only have ourselves to blame."

Large pdf Files. These documents are large pdf files and many email providers do not allow these large attachments, which is one of the reason we are sending them separately. Even this first email Update may not be received my some and may have to be resent with out the attached file. We would then look at putting it up on the website. NOTE: These files are too large at this time to be posted on the website.

Jim Aho

Important Items - 1/8/09

Minor Illahee Oil Spill. Anyone walking by the Illahee North detention pond early this week noticed green and white oil absorbent pads placed at the stormwater outfall coming into the pond, and green pads placed at the overflow outlet where water was leaving the pond. Emails to the Health Department found the pads were placed by Kitsap County Public Works personnel in response to calls from Illahee North residents who reported an oil sheen visible on the pond waters. The county was unable to determine the source of the spill which evidently was visible just as the pond was freezing over but not reported until the ice left. See the attached photos showing the white and green absorbent pads.

Tightlining. The stormwater system in Illahee North tightlines the 20 acre development's stormwater into the detention pond where the water is detained and the overflow is then discharged at the Illahee community dock. The problems with this type of stormwater system is there is no aquifer recharge or bioinfiltration close to the source of the stormwater. Experts have determined that the earlier requirements for these ponds were inadequate and that there are now better methods and systems for taking care of stormwater. Also, when there is a contamination problem like a sewage spill or oil spill, overflows from the pond are tightlined directly to Puget Sound.

Illahee Outfall Mailing. On Wednesday many Illahee residents received a "Shoreline Permit Revision" notice from Kitsap County. This is the settlement outfall that better distributes overflow stormwater to Puget Sound rather than concentrating it all at the Illahee community dock. We have presented the details of the settlement in previous Updates which are also available at the website illaheecommunity.com.

Bio-Infiltration Swales. The new Sunrise Terrace development is using bio-infiltration swales which will process 90 to 95% of our normal rains back into the aquifers and only the overflow will be directed to Puget Sound. This is the direction the Department of Ecology and the Puget Sound Partnership is recommending for handling stormwater and is a great improvement over the tightlining system discussed earlier.

Cost of Legal Challenges. The "Settlement Outfall" was a compromise agreement between the Illahee Community Club, the Port of Illahee, and the MT Illahee Corporation. The end results are improved methods for handling stormwater. But, it also comes at a substantial cost in dollars for the Illahee Community and the Port of Illahee, not to mention to the developer. Just the Community Club's legal costs of the Outfall appeal and the Timbers Edge appeal were $20,000 in 2008.

Timbers Edge - Waiting on Hearing Examiner. The Timbers Edge project appeal is waiting on the Hearing Examiner's decision. The community just received the attorney's bill for the closing argument portion of the hearing and they find themselves $3,000 short.

Volunteer Donations Needed. The Illahee Community Club urgently needs donations to its legal fund in order to continue to work for agreements such as the Settlement Outfall. The Hearing Examiner hearing the Timbers Edge appeal has a nearly 100% record of siding with the County so they expect further appeals may be needed. This is a situation where the community voted with its contributions in 2008 and will need to do so again in 2009 if things are to proceed.

Revised Illahee Boundary Map. We are waiting for a revised Illahee Community Plan Boundary map from the county and will send it out when we receive it.

Jim Aho

Miscellaneous Items - 1/7/09

Vic Ulsh. We received the following information from Vic Ulsh. Vic is an amazing guy who wears many hats. Vic heads up the East Bremerton Rotary work parties in the Illahee Preserve. The Rotary is instrumental in much of the volunteer work in the Preserve including paying for signs and picnic tables. Vic is also one of the co-chairs of the Illahee Preserve Stewardship committee and if anyone wants to help in the next work party, the information is available below. As you will gather from his writeup below, he is an Audubon member and leads bird outings.

KITSAP AUDUBON: Schedule change for Kitsap Audubon. The Kitsap Audubon meeting is tonight, Wednesday, January 7th starting at 7PM in the lower level of Poulsbo Library. Award winning nature photographer and conservationist Paul Bannick will talk about his recent book "The Owl and The Woodpecker" in a presentation which promises to be woven with spectacular photography, stories, and good information about these two fascinating types of birds. Public is welcome. No charge.

Note: Wednesday's Kitsap Sun noted the Audubon meeting was on Thursday rather than Wednesday. Evidently there was a scheduling problem at the Library and the Audubon meeting was moved up to Wednesday. Pass the word to any who might might interested.

WORK PARTY: We are having a work party this Saturday, January 10th at Illahee Forest Preserve to move wood chips onto trails. Meeting time this Saturday is 8:30 AM at the Thompson Lane entry into Illahee Forest Preserve, located "at the top" of Riddell Road. Parking is available on Riddell Road or Olympus Drive. Wheelbarrows, gloves and pitchforks are most helpful. Members of East Bremerton Rotary will be in attendance. We are excited about putting wood chips onto a new trail section at the north end of Thompson Lane. This will connect Thompson Lane to the Fuson Road Trail. Anyone who cares to join the fun is welcome. Call Vic Ulsh with questions daytime 479-6900 or evenings 373-4824 or vic@bradleyscottinc.com.

BIRD COUNT: First, we completed the Audubon bird count for Kitsap yesterday. Rather difficult conditions for man and bird. Attached is the rough summary prepared for East Bremerton. A few of the viewing points included Illahee State Park - dock and forest, Illahee Community Dock, Illahee Forest Preserve, and Brownsville Marina. Highlights included hermit thrush, varied thrush, ruby crowned kinglets, and a flock of golden crowned kinglets, all on the ground in one parking lot at Illahee State Park. It was magical. The cold weather seems to have brought the kinglets out of the treetops and down to the ground searching for food.



GATE MALFUNCTION: The gate into Thompson Lane at Illahee Forest Preserve was inoperable on Saturday when I visited to do some advance work in preparation for next week's work party with East Bremerton Rotary. The gate was stuck wide open. It would not respond to a gate key. I reported the malfunction via voice mail to County Maintenance supervisor Jim Stoll and to Lori Raymaker. It appears a repairman will be visiting the site this week, but not sure of the date.



PEACOCK: About half way down the Thompson Lane driveway in to Illahee Forest Preserve I encountered a peacock walking toward me on the road. What a dumbfounding experience that was. I parked my car and walked along with it for 100 yards. Very tame. Very docile. I called several area folks to see if anyone knew anything about someone with a missing peacock. I also tried to call you, but no answer. Finally I called Kitsap Humane Society, but they had no thoughts or suggestions other than for me to take the peacock home for the weekend until a KHS officer was available to assist. They were very cordial, but under-staffed and under-equipped for such an inquiry. The peacock finally went into the woods. I fear a coyote or one of the multitude of off-leash dogs will be the demise of this beautiful bird. I'm still struggling to believe what I saw. Unfortunately, I couldn't find the peacock on Sunday to include it within the Audubon bird count.

Keep the Information Coming. Thank you for providing us with information we can pass on.

Jim Aho

Lost Dog Found & Photos - 1/5/09

Lost Dog Report. When we found out about a lost dog, Laurie Jones our web manager put the information on the illaheecommunity.com website and we also sent out the information on an Illahee Community Update email that goes out to about 300 recipients. It appears the email did it this time. Alison O'Sullivan, a biologist with the Suquamish Tribe, forwarded the following:

Happy Ending!!

I forwarded your email to a friend of mine who still works at the shelter. She went out and checked the kennels and sure enough the dog was there. She called them and they came and got the dog @1p Friday.

Local Seals Resting Photo. There are a number of local seals that use area floats to get out of the water. There have been reported more than twenty seals on this float at one time. It is also used by river otters, cormorants, shorebirds, seagulls, and bald eagles.

Snow Goose Photo. Every now and then a snow goose is seen with the Canada Geese. This photo shows the snow goose on Sunday (1/4/09) eating along side the Canada geese and wigeon ducks.

Squid Fisherman in the Snow Photo. Last evening (1/4/09) during the snow storm we were surprised to see two hardy squid fisherman at the Illahee Community Dock.

Other Bird Sightings. A female loon on 1/5/09, which are usually seen only in the fall and spring. And the following:

Pileated woodpecker at our suet feeder this morning (10:40) AM. Also, a downy woodpecker.

Jim Aho

Missed Miscellaneous Items - 1/2/09

Seattle PI Guest Columnist. We were forwarded the attached article from the Dec 14th Seattle PI and asked why we have not passed it on. The column appear first in the Olympian and then in the Post Intelligencer. The link to the article is http://seattlepi.nwsource.com/opinion/392115_firstperson15.html

Robins Here are Not Local. We sent out an Update yesterday that stated the robins being observed this winter were local. We were wrong. According to the Audubon experts, they are not local Robins as noted in the attached response received, but rather migrants.

Hey Jim:

By the way, an interesting note from my aunt. The robins we have here in the summer are not the same as the ones we have here in the winter. They all migrate north/south during those seasons. Our winter robins spend summer season nesting further north of here. Our summer nesting robins spend winter further south. Robin behavior dictates they flock-up during winter, then pair up for nesting activity in spring.

Other Wildlife Notes. We were also remiss in not noting that one of the local ravens appears to have a cold or something because of his strange cawing. They are mostly heard around the Illahee Preserve.

Some seals were reported working the shoreline after corralling some kind of fish and one of the bald eagles was able to get a fish in the process. There were even a river otter trying to get in on the action.

A red breasted sapsucker was sighted when the persons cat became interested in a nearby tree. One of the sounds made by the red-breasted sapsucker is a meow like a cat. They didn't hear the "meow" sound but surmised that something attracted the cat to the tree.

More Snowbrush Bush Information. Attached are two websites with more information on Snowbrush bushes, which are native plants in this area.

http://plants.usda.gov/java/profile?symbol=CEVE

http://www.cwnp.org/photopgs/cdoc/cevelutinus.html

Thank you for keeping us informed. We get a number of emails everyday and sometimes get behind. We don't mind reminders. We especially like emails where can simply paste your comments.

Jim Aho

Miscellaneous Items - 1/1/09

New Years Greetings!

Lost Dog Report on 1/1/09.

We lost our female, great pryenees (big white dog) on a walk on the beach 1/1/09 about half way between the Illahee dock and the Brownsville marina. Her name is Koda and she is very friendly. Please call 360-633-7224 if you see/find her.

Thank you, Josh Jablonski

Website Used. Josh used the illaheecommunity.com website email address to post his lost dog notice. We want to send it out via email as not everyone monitors the website. Website posts are forwarded to several of us so if you want to get something out to the community quickly, send it to the website and it is likely someone will respond soon.

More Hummingbird Items. We continue to be amazed at the number of hummingbirds that winter over in our area, and the response we had to our email updates. Attached is the most authoritative we've received, from our blog:

fieldguidetohummingbirds has left a new comment on your post "Miscellaneous Items - 12/21/08":

The wildlife rescue person misinformed you. The commercial hummingbird "food" sold in most stores (a.k.a. "instant nectar") contains no extra nutrition. It's just overpackaged, overpriced sugar with unnecessary dyes, flavorings, preservatives. There is a complete artificial diet for hummingbirds, but it's very expensive, not sold in ordinary pet stores, and only necessary for long-term captive hummingbirds.

Free-living wild hummingbirds get the bulk of their nutrition from eating insects and spiders, and while there are not many of those to be had when the temperatures get very cold, your local Anna's Hummingbirds are tough and cold hardy and can get by on sugar water until the weather gets back to normal.

You're already doing the best thing you can do to help them survive unusually cold weather by to making your sugar water a little stronger than normal. A solution of 3 parts water to one part sugar will give them extra energy as well as freezing at a lower temperature than the standard 4:1 solution. Any stronger than that it it starts becoming too syrupy and hard to drink. See my blog for more. http://fieldguidetohummingbirds.wordpress.com/2008/12/20/helping-hummingbirds-through-winter-weather/

Robins. We received the following email and can respond that there are a number of robins that winter here. We're not sure what the red berried bush is though which is visible in the first attached photo. There were a number of robins and varied thrushes observed near the Illahee Preserve during the snow. They were working the underbrush areas where the snow had not accumulated.

Robin or not ... we love our wildlife, and just a few days ago, a 'flock' of about 6-8 "robins" appeared in the yard. Their target was a rigid bush growing up the chimney which was full of red berries. Don't know what the bush is.. but the birds picked the branches clean and then went on their way ... isn't it too early for robins ??

Maybe your addressees might know what kind of bird this was ..

Snow Issues. We know that a number of Illahee residents were snowed in until this past Sunday. The most surprising for some was View Crest Drive, and at this time of year it is often referred to as Candy Cane Lane, when they went to view the Christmas lights on the evening of the 25th and found the street had not been cleared and they were barely able to get through. Evidently neither did the mailman for over a week to the disappointment of many residents.

Roosevelt Street. Roosevelt is probably one of the steepest roads in Illahee and one of the residents sent in the following snow comment to us early on, and probably wishes we had sent it out earlier:

Snowbound as we are near the top of the hill on NE Roosevelt, and with snow still falling, and with the prospect that we may not be able to get out by car until late this week, or whenever we have a significant thaw, I started wondering if there might be other Illahee residents who might want to contract for snow-removal service in the future. Maybe we won't have another snow like this in our lifetimes, but the idea seemed worth bringing up.

Snowbrush. One of the more interesting shrubs around is the Snowbrush which is a native evergreen, it was especially susceptible to the heavy snow. Several residents went walking in the snow by Audrey Boyer's residence on Ocean View during one snowy night during the storm and found Audrey working on trying to get several fallen Snowbrush branches out of her driveway. They helped her cut them up and haul them aside. We have attached some photos of Snowbrush shrubs in case you are not familiar with them. There are a number of them on Rest Place that came down as shown in the last photo.

Keep Passing on Information.

Jim Aho

LOST DOG - 1/1/09

To whom it may concern,

We lost our female, great pryenees (big white dog) on a walk on the beach 1/1/09 about half way between the Illahee dock and the Brownsville marina. Her name is Koda and she is very friendly. Please call 360-633-7224 if you see/find her.

Thank you.

Josh Jablonski

End of Year Items - 12/29/08

Letter to Editor re Community Plan. We are sending a short letter to the editor regarding the Illahee Community Plan. Since they don't always publish our letters we wanted you to see what we wrote.

Editor,

In a 12/16 letter we expressed concern that community self determination was at risk and noted the County Commissioners vote on the Illahee Community Plan would be revealing.

And it was --

- It revealed their support for community plans when they unanimously approved the Illahee Plan.

- It revealed their work on more comprehensive county issues when they removed commercial sections from the Plan.

- It revealed three dedicated and involved commissioners working to get Illahee's Plan right.

We are impressed with their modifications and awareness of the issues, and we thank them.

Plan Celebration. When the changes made by the Commissioners are incorporated and the final approved Plan is complete and printed, we are planning on having a celebration. The time and location are yet to be determined. We are trying to locate a facility in Illahee for the party and we are open for any suggestions. (Note that the annual party held by the Illahee Forest Preserve will be part of the Plan celebration.)

Illahee Community Club 2009. It is time to re-up your Illahee Community Club dues for 2009. The dues are an inexpensive $10 per family unit as we want to have a many resident members as possible. You may ask what you get for your membership? An active and involved group of citizens working to preserve and protect Illahee. You can see what was done in 2008 in the paragraphs below and know that once they get beyond the legal issues they are planning to move on to more productive items that are being considered by the ICC board of directors.

2008 Community Accomplishments. There was first of all the support for the Illahee Community Plan. Next was the likely settlement of the Stormwater Outfall of the Illahee Community Dock. The Outfall issue has been costly in time, energy, and money but the settlement will provide for cleaner stormwater for Puget Sound, and some recharge of the aquifers. The community worked with the Port of Illahee on the Outfall Appeal and also supported the Port of Illahee's stormwater grant with the Department of Ecology. Finally, there was the appeal of aspects of the Timbers Edge project. Community members met with the developer to see if he would consider reducing the number of homes and using septics rather than sewers to minimize the impact on Illahee Creek. When he rejected the proposal the community proceeded with the environmental appeal and hired expert witnesses to document problem areas. They solicited funds from residents and together with the Outfall appeal have spent nearly $20,000 this year, almost all associated with legal costs.

Appeal for Funds. They are down to $180 and have the December closing argument bill that will come due in January 2009 and need to appeal to residents to help with the legal fund. They are doing so at the end of 2008 in case there are those who would like to contribute now in order to take a tax deduction on their 2008 taxes. Make checks payable to the Illahee Community Club Legal Fund and sent to the ICC, PO Box 2563, Bremerton, WA 98310. Your support is appreciated and needed.

Timbers Edge Closing Arguments. We have obtained pdf file copies of the Timbers Edge closing arguments and will be putting them up on the community website illaheecommunity.com soon. (We tried to attach them to this update but the files were too big.) Two are from the ICC attorney with the first file representing Kitsap County Code issues and the second representing State Environmental Protection Act (SEPA) issues. A reading of these documents helps one understand why the legal costs are high. The other file is the applicant's attorney.

Hearing Examiners Decision Date? We expect the decision from the Hearing Examiner sometime in January 2009. This examiner nearly 100% of the time sides with developers and the county so we don't want to get anyones expectations up too high. The Club expects they will probably need to appeal the decision to the County Commissioners, who nearly always side with the Hearing Examiner. The next step would be to decide if there should appeal to Superior Court. We have been told the Club has been preparing for a possible Superior Court appeal from the beginning and all that would be needed would be the community's support and the funding.

Wildlife Updates. We know residents prefer wildlife updates and we have some more hummingbird input to pass on soon.

Jim Aho

Illahee Christmas Present: Community Plan Approved - 12/24/08

Illahee Christmas Present. The County Commissioners gave Illahee a nice Christmas present yesterday when they approved the Illahee Community Plan.

Afternoon Meeting. The Commissioners met on Tuesday afternoon rather than Monday evening because of the weather and road conditions. Tuesday's conditions were better for getting around and at least four Illahee residents made it to the meeting in spite of some who are still snowed in.

Commercial Corridor Removed. The Commissioners made several changes to the Plan with the most significant being the removal of the Highway 303 commercial corridor, which covers a three quarter mile strip north of Riddell Road, or about 120 acres. The resolution was a little confusing as one section of the resolution read to remove the area from Riddell to Fuson, which would be a half mile strip or 80 acres, and which was reported in the Kitsap Sun article, and another part of the resolution stated to remove the commercial corridor. From the maps presented we know it is the entire commercial corridor and the 120 acres that was removed from the Illahee community boundary. (We realize this is a technical issue, but for the more detailed person we wanted to clarify any confusion early on.)

Impact of the Removal. We have had differing opinions on the removal. Dennis Sheeran and myself, the co-chairs of our early efforts, are of the opinion that this is not a detriment to the Plan, and in some respects makes the Plan easier for the community to work with. We will let others who disagree with us give their side in a later update.

Updated Plan. The Plan will need to revised to make the Commissioner's changes, which means all the maps will need to be updated to reflect the new boundaries. As soon as that happens we will post it on our website illaheecommunity.com.

Commissioners Need to be Thanked. Those who attended the meeting were impressed by our County Commissioners' thoughtful changes and comments regarding the Plan. Each one of them commented on the Plan and the reasons for their changes which would be good to listen to when the meeting is rebroadcast on BKAT. Their actions and reasoned remarks indicated they had spent time looking over even the smaller details which in the end improved an already good Plan. They support community efforts like ours, they worked well together, and we are fortunate to have such good and dedicated Commissioners representing us. Thank you Commissioners Josh Brown, Steve Baurer, and Jan Angel!

County Staff Needs to be Thanked. We also need to thank the County Staff who took our community generated drafts and ran them through the county departments and through the public process, in order to make them compliant with County Code and county procedures. Special thanks to Katrina Knutson, our county planner; Scott Diener, her supervisor, and Larry Keaton, DCD Director. We also need to thank Cindy Read in advance, the map person, who worked all the maps and who will likely be working the revisions.

Website Comments. We are trying to institute a community blog site where Ilahee residents can comment on local issues. Our Illahee Community Updates are put on our website http://illaheecommunity.blogspot.com/ and there is a place to comment.

Kitsap Sun Article and Comments. We would also like to thank the Kitsap Sun and specifically Brynn Grimley for their coverage of the Illahee Community Plan. Brynn's article is in today's paper (Wednesday 12/24/08) and can be accessed on the web. There is a place to comment at the bottom of the article and it is always interesting to see these comments as they are from a more county wide perspective.

Final Thanks to Illahee Residents. We also want to thank Illahee residents for their great support of the Illahee Community Plan. We had approximately a hundred and fifty residents involved in one capacity or another with the Plan and we thank you. There were about a hundred who signed their name to the document. For some it has been a three year endeavor and it is nice to have it finally approved.

Merry Christmas!

Dennis Sheeran & Jim Aho

Illahee Community Plan Approved - 12/23/08

The Illahee Community Plan was approved by the Kitsap County commissioners, with some changes regarding commercial property.

The full story is in today's Kitsap Sun.

Thanks to so many Illahee residents who have put in countless hours of time on this project for the past three years.

More information will follow.

Miscellaneous Items - 12/21/08

A Day Late. This email is a day late as a Fir tree branch took down our Comcast internet line on Sunday and they just got through splicing the line late on Monday.

Commissioner's Meeting Delayed to Tuesday. The County Commissioner's meeting that was scheduled for Monday evening will be held on Tuesday at 1 pm. This is the meeting where the Commissioners will be voting on the Illahee Community Plan. The county offices will be closed on Monday because of the inclement weather.

Timbers Edge Closing Arguments. The closing arguments for the Timbers Edge project were due this past Friday (12/19/08). We will see if we can get copies of both sides arguments to pass on, since they are public records.

Illahee Community Boundaries. We have had added a number of new email addresses and some have wondered what the exact boundaries of the Illahee Community are. The map is also available here on the Illahee community website.

Snow Photos. We received some snow photos and rather than try to attach all of them we have chosen one to attach and the rest are available by clicking on this link.

Additional Hummingbird Information. We have been surprised at the number of people reporting on hummingbirds. We have three more reports.

I noticed what seemed to be a small swarm of hummingbirds out my eastern window about three days ago. The same day I noticed a hummingbird sitting on a feeder looking lethargic and then it fell off. I looked out on the deck and couldn't find it. In the mean time I started a vigil of keeping the feeder food in a liquid form and pulling our two feeders into the house at night. Day before yesterday I saw another hummingbird fall off the feeder and ran out to see if I could find it. There it was. I placed it in a towel and shoebox and brought it into the house. It was ready to leave within 15 minutes. I held it in my hand and it flew away. LaRae called a veterinarian to ask if we were doing the right thing. She was referred to a wildlife rescue (206 855-9057). They told her not to use sugar water and to use commercial hummingbird food because it has nutrients that the other does not have. Also, they said that some hummingbirds do go away for the winter but others choose to stay in the Puget Sound area.

Use at my hummingbird feeder was active all day today. The sugar/water solution (mixed a little rich for the cold weather) freezes at about 23 or 24 degrees, at which point I bring it into the house for a brief warm-up.

We have an interesting situation at our house where we have one dominate male hummingbird that has decided the birdfeeder is his very own and he is not about to share it. He sits on a tree branch about 20 feet away and guards the feeder attaching any other hummingbird that comes near. He sits there nearly all day watching the feeder ready to fly whenever another bird comes near. We decided to set out another feeder some distance away to see if some of the smaller hummingbirds will use it, or if he will chase them away from that one too.

Keep Sending Us Information. Keep on sending us information and we will pass it on.

Jim Aho

More Bird Information - 12/20/08

We had several more comment on how timely the hummingbird information was.

We received a phone call about a hummingbird who was at a bird feeder and fell over onto the ground. The person picked it up and put it in a box and brought it inside. After awhile it evidently warmed up and became active and they released it outside.

A similar type of story as the previous entry was received.

A very timely subject! I had a humming bird going into hypothermia today. Usually the ones that winter over, they tell you to not worry if they go stiff on a branch, it is normal and often they thaw out and go on their way. This was different, I had one guy going to sleep on the feeder, fluffed out and not moving. I actually went out and picked him off the feeder with my hand, and warmed the little guy up. I put him on the porch with the fushia, we have it behind some plastic (it seems to make it through the cold that way) and the little guy then flew on out into the open air. Within the hour he was back on the feeder, again motionless. As I watched, a bigger one literally knocked him off the perch, and he fell to the ground. I went out to check, and he was sitting in the snow, addled.

He's now in my room, I'm letting him fly around in here, and hung a feeder just for him from my overhead lamp. Had to put him in a cage as the sun went down, as he fell to the floor and was hiding, I was afraid I'd squish him. He seems to be a very young naive bird, and when the snow melts, I'll try putting him back out again. I hate to interfer with Nature, but a cat would have had him anyway.

I brought my feeder in twice today, and set it near a heating vent, it melted in a half hour, and out it went again. It's my understanding that hummers also eat bugs, so the feeders are not their only source of food.

We had a report of a number of different kinds of birds at a bird feeder today.

Birds at my feeders today (black sunflower seed and suet):

• Varied thrushes
  
• Mourning doves
  
• Pileated woodpeckers
  
• Oregon juncoes
  
• Red breasted nuthatches
  
• Chestnut backed chickadees
  
• Black capped chickadees
  
• Stellars jay
  
• Downy woodpecker
  
• Red shaftted flicker
  
• Song sparrow
  
• Song sparrow
  
• Hairy woodpecker
  
• Rufous sided towhees

We inquired about the Audubon's Christmas bird count and found it was postponed today because of the poor road conditions due to inclement weather until January 4, 2009. If anyone wants to participate they should contact Vic Ulsh at 479-6900.

Jim Aho

Humming Bird Response - 12/19/08

Quick Response. We received three quick emails regarding wintering hummingbirds in response to the photo and the person who was wondering what to do about about her hummingbird sugar water freezing.

Saturday Bird Count. Saturday is the day scheduled for the Audubon's Christmas bird count, which we presume is going on today. So it is appropriate that we cover one of our local Puget Sound birds on this day.

Response #1

We put out our humming bird feeder and have a visitor.

Response #2

Hi, Jim...In regards to feeding the humming birds, we have had 4 or 5 that stayed over the last few years. In freezing weather we bring the feeder in after dark and put it back out early in the morning. Also the feeder is hanging under the eves on the southeast side of the house, so it gets some protection. It also helps to keep the feeder full. If you keep the feeder out and full after you think the season is over, they will stay around, but you must keep feeding them once you start.

Response #3

It occurs to me I hadn't yet sent you the attached photos of the male Annas hummingbird I mentioned. The little Annas humming bird has taken up residence in our backyard this winter. The photos were taken from 400mm lens last Tuesday afternoon when skies were sunny and bright.

My wife and I are rotating two humming bird feeders to keep them from thawing, then bring them in at night. We put the feeder out at day break and within 30 seconds the hummer is at the feeder. Annas area known to winter-over in Puget Sound area, but this is a first for us.

Apparently, the Annas humming birds can go into a torpid state which is essentially short term hibernation overnight during sub-freezing temperatures, then wake themselves up in morning. It's remarkable these little guys can survive in such frigid temperatures. We're mixing at just over 2 parts water to 1 part sugar for winter time feeding. It helps the juice from freezing so fast. So far, so good.

Thank you for your input and the photos.

Jim Aho

Snow Photos - 12/19/08

We received some photos taken in Illahee on Thursday 12/18/08. Please send us any photos you want to share and if you want credit let us know, so in case they get picked up by others, you will receive the credit.

The first ones are of an accident at the corner of McWilliams and Sunset that occurred Thursday afternoon.

The bird photo is of a humming bird that evidently decided to stay put over the winter. We will try to get more information from the person who is feeding it, like how do they keep the sugar water from freezing.

The picture of the sledding group was from the top of Roosevelt Street.

Jim Aho

Wildlife Update - 12/9/08

Seedlings Dispersed in the Preserve. Approximately 20,000 Douglas fir seeds were dispersed in the Illahee Preserve recently. These seeds fall naturally from the fir trees, but can also be spread throughout an area by just spreading them about. Only a portion of them will actually take root, and an even small percentage will actually grow to any size. Jim Trainer, our local Illahee forester, tells us that approximately 50% will be eaten by birds and squirrels, and the remainder will take root. JIm also has done seedings and said it is easy to do and sent us a picture of the spreader and a bag of seeds, which we were unable to attach because it is part of a gallery. You can access Jim's photo at this link.

Preserve Trees. The Illahee Preserve does have a few big trees in it. Most of the marketable timber in the Preserve was logged in the 1930's except for a few large Western Red Cedar, a number of Western White Pine that probably weren't marketable, and and at least one large Douglas Fir in the Preserve that is over 6 feet in diameter in the northeast section.

Illahee Preserve. We often get inquiries and comments about the Illahee Preserve. People comment that they are amazed at the size, approximately 460 acres and the quality of the trails in the Preserve. A map project was completed last summer with the help of the architectural firm of Rice-Fergus-Miller. Some information about the Preserve is on the community website which is illaheecommunity.com. We will try to get some more up-to-date information about the Preserve to pass on.

Decline In Waterfowl Numbers? Some of the oldtimers and not-so-oldtimers have noticed what appears to be declines in the numbers of waterfowl in the area. That has been our observations also. Below is an email we recently received.

We came here in October of 1999 to live in the home of my grandparents. At that time the bay was full of hundres of scoters, goldeneyes and widgeons. I remember that fall being warm. As the years have progressed, we are now seeing fewer and fewer water fowl. There were so many widgens up until last year that they would wake us in the night while they fed off the shore line, now there are only a few.

Puget Sound Partnership Notes Waterfowl Declines. We recently went to a presentation by Sara Lingafelter, the local representative for the Partnership, who noted that they have documented a decline, not only in fish numbers, but also in marine waterfowl numbers. We can't remember if they provided percentages, but will try to find out.

Enjoy the Low Night-time Winter Tides. There is a local opportunity to do an evening beach walk on Thursday with Beach Naturalists who were trained this past year by Jeff Adams of the UW SeaGrant program. Attached is the email we received today (Tuesday) regarding the beach walk.

Hello All- The winter brings wonderful low night tides, and the first of three Kitsap Beach Naturalist led winter beach walks is upon us (see attached flyer). The walk is this Thursday (Dec 11) at the Lions Park boat launch in Bremerton 7:30-9:30. Thursday's walk is the lowest tide of the three (-3.3 by the end of the walk). For a map...

The weather looks to be fabulous and should allow the full moon help light our way. Bring a flashlight or headlamp, rubber boots and warm clothes to explore this fabulous and biologically diverse beach.

The beach walks are hosted by the Kitsap beach Naturalists and People for Puget Sound. Please invite your friends and family and we'll see you on the beach! JEff
             ---------------------------------------------------
Jeff Adams - jaws@u.washington.edu
Marine Water Quality Specialist
Washington Sea Grant - Kitsap
University of Washington
345 6th Street, Suite 550
Bremerton, WA 98337-1874
360-337-4619

Thanks to all who keep passing information on.

Jim Aho

Now Waiting for Illahee Community Plan Decision - 12/7/08

Thank You For Your Support. We want to thank those who supported of the Illahee Community Plan.

Commissioners Decide on December 22. The Commissioners held their public hearing on November 24 and kept the written record open until this last Friday, December 5th. Thanks to the 50 plus Illahee residents who attended the hearing and to those who sent in emails and letters of support.

Photos of November 24th Hearing. Attached are photos of the hearing that were taken by John Lind. The last one is of Audrey Boyer, who at age 91, got up and spoke before the Commissioners in favor of the Illahee Community Plan.

Kitsap County Community Plan Liaison Katrina Knudson	Illahee resident Judith Krigsman
Illahee resident John Lind	Kitsap County Commissioners
Illahee resident Audrey Boyer

The Public Process is Complete. The public process for community or subarea plans is now complete and now we wait for the decision by the County Commissioners. We have done all we can do and now we hope for a favorable decision.

Excerpts From Letter to the Commissioners. Some of you sent in emails to the Commissioners and provided us copies. We have taken excerpts from some of the emails we received and included them below.

We have watched neighbors with many differing views on everything from politics to the environment come together to work for the common good of the community.

We also have been amazed at the generosity of the community. Rather than requesting services from the county, the community has been willing to volunteer to work on and pay for community projects.

We have watched a community website come into being and a website advisory group emerge to help keep it up and make sure it represented community interests.

We also think it noteworthy to state that there has been very little opposition from within the Illahee community itself. We think that speaks well of the considerable efforts to involve all community groups in the nearly three years the process has taken.

Very few Kitsap communities have a combination of uniqueness , a concerned citizenry and their support and the enterprise to entertain the notion that we must object and fight against the ONE SIZE FITS ALL mentality of growth management. Illahee is among them. The Illahee community and the BOCC, via the able planning staff at DCD have completed a plan fulfills that uniqueness and that merits your approval.

Those in opposition to our plan, do not live here in our unique geologically rich area with our steep slopes , our ravines, our forest preserve, our Creek, and, oh yes, our storm water run off problems from irresponsible upslope development.

We have lived in Illahee for over twenty years and I am concerned about its future, and how unregulated over-development will degrade my property's value and the special, fragile nature of our community. This place that I love and call home.

I am asking for your support of this plan and support of the people who live in this very special, blessed place.

When the development of a community plan began to emerge in 2006, volunteers spent considerable time and energy reviewing other recently-approved or in-process sub-area plans as well as local, state, and federal laws related to zoning, transportation, environment, and infrastructure. This research was critical to ensure Illahee's plan was in compliance with current regulations. Other volunteers spent time researching local historical records to get a sense of the significance of our community to the Native Americans and early settlers who called Illahee home. Throughout the process, numerous community members readily provided input and shared historical perspectives and photos. As a result, the Illahee Community Plan successfully blends the past, present, and future so that prospective residents, like those from earlier times, can take pleasure in some of the same idyllic surroundings current citizens now enjoy.

Local governments encourage its citizens to become involved in their community in order to promote a spirit of cooperation and friendship, a shared vision for safe neighborhoods, a pride in home maintenance, and an appreciation for the environment. Illahee is blessed with hundreds of acres of green space, three miles of pristine shoreline, and active wildlife corridors and streams. Citizens are determined to protect these lands inherited from early settlers while encouraging reasonable growth. What better demonstration of a community's identity and purpose then its own community-developed plan?

I am writing in support of the Illahee Community Plan. I believe the plan is a solid foundation for future development of the Illahee area and allows the community to retain those features which make it so unique. I am a current member of the Illahee CAG and attended most of the planning meetings that were scheduled with our Kitsap County planners. Our planners were very responsive to requests for more information when it was needed and expertly guided us through the process to make sure our Illahee Plan was in compliance with existing codes and laws while balancing with the wants and needs of the community at large.

I am very proud of the fact that both the community and the County made the plan very public and at anytime any citizen could have voiced their opinion. Information was provided both on the Illahee Community website as well as the Kitsap County website. There were also several articles in the Kitsap Sun throughout the process. Mailings were done by both the Community and the County. Multiple emails were sent out during the process to anyone who requested to stay updated on the Illahee Plan. It was a very open and public process.

I, as well as many Illahee residents, have been working on an Illahee Community Plan for more than three years. We started with about 70 Illahee residents and have increased to over 120 active contributors of information and volunteers. It has been an honor to work with such an active, involved and considerate group of people. They have displayed thoughtfulness and consideration for the Illahee Forest, Puget Sound waters and Shoreline, Illahee creek, the Illahee community and neighbors not to mention Kitsap County.

The purpose of the Illahee Community Plan is for the community to define itself and determine the future of Illahee. I believe we have developed a sound, cohesive and Community/County acceptable plan.

We would like to take this time to comment on the Illahee Community Plan in the most favorable light. For the following reasons, we support and applaud the efforts of this project on the behalf of Kitsap County DCD and the many residents of Illahee who gave support and structure to a product which will form the basis of community ideas and a sharing of vision for the future of their community. Three years of community planning went into this project by community residents who strongly felt the need to be active participants. (This was followed by the listing of 12 specific reasons, too long to list here.)

I just wanted to show my enthusiastic support for the Illahee Community Plan and give my input on the letter "RE: Illahee Community Plan" sent to the Kitsap County Board of Commissioners dated October 3, 2008 and signed by Richard A. Brown, Government Affairs Chairperson, Kitsap County Association of REALTORS

I am not responding to their opinions of "what's wrong with the plan" sections, as others can better address those. The Illahee Community is unusually strong in its ability to unite and communicate with each other. We use several methods for disseminating information throughout the community:

Postings on roadways, hand-delivered invitations to participate, continuously updated e-mail reports on community interests (not only for this plan but for anything we find interesting such as Wildlife Reports), US mail, Web sites, word of mouth, and community meetings. I am strongly in favor of working with the County to further preserve our natural resources and beautiful community through this Illahee Community Plan and have been actively involved and well-informed about each step even though I am severely handicapped and often home-bound, thus showing that most of those not involved in this planning process were simply not interested or did not have the time to do so. There has been no selective inclusion or exclusion from any of our community groups and activities but rather the opposite, with a reaching out to try and include as many and diverse a representation as possible.

Note: There were other emails forwarded to us, but this is a representative sample of what we know was sent to the Commissioners. We will try to find out just what the public response was, both for and against, and report back later.

Jim Aho

Wildlife Update - 12/6/08

Wildlife Updates. We have added some new email addresses and need to explain that feedback tells us that wildlife reports are what people like most about the updates. We depend on your passing the information on to us and we thank those who passed on this information. If you want credit for your stories and pictures, let us know as we presume anonymity.

Seals. Last year we had about 20 seals on one of local floats, this year a few less with about 15 seen every morning. As the seals leave the float the cormorants take their place.

Sea Lions. We have only seen one sea lion this year, whereas last year there were many seen feeding on small salmon.

Ravens. Periodically the ravens can be seen flying near the shoreline. We haven't seen them fly over the water yet and we mostly see them around the Illahee Preserve.

Mergansers. Only a few Red-breasted Mergansers have been sighted this year along the Illahee shoreline.

Scoters. The Surf Scoters are back in about the same numbers as last year. They are the ones that make the whistling noise when they take off. They are usually out in deeper water as they are deep divers and feed on shellfish.

Mallards. There is a flock of about 30 mallards that seem to be making the Illahee North detention pond their winter home.

Wigeon. The American Wigeon are common visitors to the nearshore area and local ponds. We used to see big numbers at Schutt's Point and they could be seen flying away whenever an eagle would fly over.

Golden Eyes. This area seems to be a wintering spot for both the Common Golden Eye and the Barrows Golden Eye. We had a report on Saturday of a large flock of the Barrows Golden Eye along the northern Illahee waterfront. Earlier in the week we had a few Common Golden Eyes north of the Illahee Community Dock.

Cormorants. The cormorants are back this winter, as stated earlier, spending most of the day on area floats.

Bald Eagles. There are at least two regular Bald Eagles frequenting the Illahee waterfront. We had a report a few weeks ago of a Bald Eagle chasing down a seagull. This was a first for that long time waterfront resident.

Deer. At the County Commissioners' hearing for the Illahee Community Plan our planner, Katrina Knutson, noted that she saw an albino deer while looking over the area for the View Protection Zone. We just had a picture sent to us earlier this week of two deer, one of which is partially white, which we are attaching.

Send Reports and Pictures. Please send us your reports and pictures of wildlife and we will try to forward them on.

Jim Aho

Illahee Community Plan Comment Deadline - 12/3/08

Plan Comments Deadline 12/5/08. The deadline for public comments on the Illahee Community Plan is 4:30 pm on Friday, 12/5/08.

Example Comment Forms Requested. We have been requested to provide examples of email comments, primarily to show the email addresses of the County Commissioners, as some are more comfortable reading emails than sending them. We have taken the heading from an email sent to the Commissioners which is provided below. Some have sent one-liners, others have expounded with paragraphs. Our suggestion is to do whatever you feel comfortable with.

To: Steve Bauer: <sbauer@co.kitsap.wa.us>,

Josh Brown: <jwbrown@co.kitsap.wa.us>,

Jan Angel: <jangel@co.kitsap.wa.us>,

Subject: Illahee Community Plan

Cc: Katrina Knutson <Kknutson@co.kitsap.wa.us>

Dear Commissioners,

KAPO Letter With 13 Concerns. Yesterday we received a copy of the letter written by William Palmer that described 13 areas of concern that the Kitsap Alliance of Property Owners (KAPO) had with the Illahee Community Plan. It was the letter that was turned in at the public hearing for the Illahee Plan and that was referenced in the linked Kitsap Sun article. We responded to the letter with answers to all 13 concerns, and have attached the letter below for those who have been following the opposition letters to the Illahee Plan.

Let Us Know Your Thoughts. We have been preoccupied during the Thanksgiving holiday and are just getting back to Illahee issues. Let us know your thoughts on this subject and other issues you would like to have more information on.

Jim Aho

Board of County Commissioners

County Administration Building

614 Division Street

Port Orchard, WA 98366

Subject: Illahee Community Response to Palmer/KAPO Letter of November 24, 2008

Dear Commissioners:

The following is a response to the William Palmer / Kitsap Alliance of Property Owners (KAPO) letter dated November 24, 2008, from the co-chairs of the Illahee Community Plan efforts in 2006 and 2007. We have followed the letter's numerical items with a brief restatement of their concern, followed by our response, and then a concluding comment.

KAPO Concern #1. "Criteria For SubArea Comprehensive Planning." KAPO's concern is that the "Board of County Commissioners have established no qualification criteria for how to determine what portion of the County might be considered for SubArea planning consideration," and specifically the absence of the City of Bremerton's involvement. They go on to allege the 2006 adopted Comprehensive Plan does not mention a need to specifically plan for the Illahee SubArea or suggest what constitutes its boundary.

Response. While we cannot respond to the Board's SubArea planning criteria, we can respond that in 2007 Geoffrey Wentlandt, City of Bremerton planner, participated with Kitsap County Planner Linda Bentley in the 2007 County Planning effort that took place prior to Ms. Bentley's departure. Additionally, the City has been kept informed of all planning efforts since 2006.

With regards to the allegation that the Comprehensive Plan did not mention Illahee or its boundaries, the Illahee Community Plan and the Illahee boundary map are presented in Chapter 17 of Volume I of the adopted 2006 Comprehensive Plan Update.

Conclusion. KAPO's concerns regarding the involvement of the City of Bremerton and the alleged failure to include reference to the Plan in the 2006 Comprehensive Plan Update are not substantiated.

KAPO Concern #2. "No Justification of Changed Conditions." KAPO's concern is that SubArea plans must be justified by changed conditions, which allegedly were not discussed in the Plan nor in the 2006 Comprehensive Plan Update.

Response. The Illahee Community Plan did discuss changed conditions in Section 1.3 "Visions for the Illahee Community" and more specifically they were also noted in Section 17.2 "Vision" in the 2006 Comprehensive Plan Update, Volume I.

Conclusion. Justification of "changed conditions" is provided in Section 17.2 of the 2006 Comprehensive Plan Update, and in Section 1.3 of the Illahee Community Plan.

KAPO Concern #3. "SubArea Plans Cannot Modify Policies and Land Use Designations." KAPO's concern is that the Illahee Plan modifies comprehensive plan policies and land use designations.

Response. The fact that the Growth Management Act permits yearly amendments to the 10 Year Comprehensive Plan Updates, and such amendments modify policies and land use designations, counters the allegation that SubArea plans cannot modify the contents of a Comprehensive Plan. The reason the Illahee Community Plan is being enacted on as an amendment to the Comprehensive Plan, rather than enacted earlier in the year similar to the Keyport Plan in 2007, is because it was already in the 2006 Comprehensive Plan. The Illahee Community Plan is simply the further amplification and completion of the process documented in the 2006 Comprehensive Plan.

Conclusion. SubArea plans can and do update policies and land use designations as permitted and authorized by the Comprehensive Plan Amendment Process.

KAPO Concern #4. "Arbitrary Boundaries Set For the SubArea." KAPO alleges the Illahee boundaries are arbitrary and not justified to extend westward to Wheaton Way.

Response. The boundary discussion occurred early in 2006 and then again in 2008. As stated in the Plan, the Citizens Advisory Group (CAG) followed GMA and other guidelines, which were straightforward and noted. The major guideline was to utilize any governmental or public jurisdiction boundaries, which explains the extension of the boundary to State Highway 303. The boundaries are essentially the boundaries of the Port of Illahee, with two "logical extensions" that again fit the guidelines that are to be followed. Also, the Illahee Preserve boundary extends westward to State Highway 303, and much of the northerly and southerly boundaries for the Preserve define the boundaries of the Illahee Community's Westerly extension. It makes no sense to limit the boundary to the top of the ridge, essentially cutting through the center of the Illahee Preserve.

The primary justification of the use of the Port of Illahee boundaries is that they provide a jurisdictional boundary that provides for taxation and representation, through the election of the Port of Illahee Commissioners. What better criteria can there be for a community boundary than one that has already been defined by earlier public officials and has been in existence for decades, that encompasses the major natural features of the area, and that provides for representation and taxation of the community?

Conclusion. The Illahee boundaries are not arbitrary, but were well thought out considering all parameters and inputs. The boundary rationale was presented and approved by the CAG in both 2006 and again in 2008, and represents the most logical and appropriate boundary delineation possible. The boundary map was published in early 2006 and has been in every Plan since, not to mention that it is included as Figure 17-1 in the 2006 Comprehensive Plan Update (Volume I) that was adopted December 11, 2006 by the Board of County Commissioners.

KAPO Concern #5. "No Commercial or Industrial Area in Illahee Proper." KAPO on one hand is concerned that the boundary extends to State Highway 303 (see previous item) and then states that without a commercial area that it would no longer qualify for SubArea status.

Response. The Illahee Plan does include the 120 acre commercial corridor along SR 303, which according to the rationale stated by KAPO, justifies the SubArea plan.

Conclusion. A commercial corridor does exist in Illahee along the east side of SR 303.

KAPO Item #6. "Lack of Compliance with County-Wide Planning Policies." KAPO's letter alleges the Plan does not comply or discuss the County's adopted County Wide Planning Policies.

Response. The first draft of the Illahee Community Plan was completed in July 2006, nearly a year and a half before Kitsap County Ordinance 403-2007 "Kitsap Countywide Planning Policies" was adopted on November 19,2007. Members of the CAG did not feel the need to reference the Ordinance or restate policies, but rather to ensure that the Illahee Plan was in compliance. That compliance was confirmed during the county review process.

Conclusion. The Illahee Community Plan, while not referring directly to the Ordinance, does comply with the policies stated therein.

Note: The Realtor Board's letter of concerns, which are referred to in the KAPO letter, described in greater detail some of the issues with the Ordinance. Those issues were previously answered in the response letter regarding the Realtor Board's concerns.

KAPO Concern #7. "Unnecessary Introduction of New Zones to Zoning Ordinance." KAPO states that the Plan unnecessarily introduces new Zones to the planning area noting that the zones are unjustified and complicate the zoning process.

Response. The Illahee Plan includes two new zones: a View Protection Overlay Zone and a Greenbelt Overlay Zone, both of which satisfy community goals. The View Protection Zone was desired by residents to protect their own and future residents' east facing views. The Greenbelt Zone was desired to protect many of the natural features of the critical areas surrounding Illahee Creek and the natural features and wildlife corridors between the Cheney Estates, Illahee State Park, and the Illahee Preserve.

Conclusion. There are no unnecessary Zones introduced in the Illahee Community Plan.

KAPO Concern #8. "Lack of Substantive Discussion of Property Rights." KAPO's concern is that the Illahee Plan only gives "lip service" to the property rights issue and that the issue "desires a whole lot more discussion than one paragraph."

Response. The property rights statement used in the Plan was adopted early on from the 2002 Manchester Community Plan in order to use a statement that has gone through previous public and county scrutiny. In retrospect, with the addition of view protection overlay in 2008, an additional sentence from the 2007 Updated Manchester Plan could have been added to address the new overlay regulations, which read as follows: "New regulations included in the Plan allow the sensible development of land without inappropriate financial impacts."

Conclusion. There is no need to use more than one paragraph to state that Illahee residents believe in individual property rights.

KAPO Concern #9. "Housing Affordability Issue Ignored." The concern appears to be that "Affordable Housing" was not addressed and the Plan should have a "substantive discussion" of this issue

Response. Affordable housing, or below market rate housing, was discussed at great length during 2006 as the CAG looked at trying to balance zoning designations with the numbers of people being allocated to specific areas. The solution was to increase zoning densities in areas where the infrastructure and services were available. Higher density zoning was proposed along Trenton Avenue and Almira, with senior and low income high rise buildings proposed along Almira. Those decisions were affirmed again in 2008.

Conclusion. Below market rate housing was properly and adequately considered.

KAPO Concern #10. "No Need for Natural Systems Section of Plan." KAPO simply asks the following question for this concern: "Where is the documentation of need for the expanded Natural System's section of the Illahee SubArea Plan?"

Response. Community plans are to highlight the unique features of the community and the area. Illahee has many natural systems, resource lands, and critical areas that limit development and these areas need to be described in a community plan

Conclusion. The abundance of natural features of Illahee are what make this area unique and worthy of special attention, which includes coverage in the Illahee Community Plan.

KAPO Concern #11. "The Transportation Section of the Plan is Duplicative." The concern is with duplication of policy items that are in the Comprehensive Plan and that there are policies that are "not capable of being implemented."

Response. Not everyone in the Illahee community is familiar with the Transportation policies in the Comprehensive Plan. As such there are duplications for the community. That is what the CAG wanted included in the Plan. This Chapter of the Plan was extensively reviewed and updated by county officials. We are not aware of what specific policies KAPO is referring to that are not capable of being implemented.

Conclusion. Duplication of Transportation Policies is appropriate in a community plan.

KAPO Concern #12. "Lack of Capital Improvement Financing Discussion." KAPO simply asks another question regarding this concern which is: "Why is there not discussion of capital improvement financing in the Illahee Sub Area Plan?"

Response. The future infrastructure plans for Illahee, specifically for sewers, are referenced. This issue has been a concern of some for years and has been discussed at various meetings. The community was told that there is generally insufficient density in the Illahee area for the county, or the City of Bremerton, which would be responsible for the areas to the south, for there to be a push for sewers in the near future unless new housing developments came on line. Community members met with both city and county engineers in 2006. County personnel worked with the CAG in 2008 to rework the chapter to suit current thinking and plans.

Conclusion. The discussion of capital improvement financing was not considered appropriate by the CAG or the County for inclusion into the Illahee Community Plan.

KAPO Concern #13. "Public Participation Too Limited." KAPO states that "public participation has been very limited at best," and that the County had "a greater responsibility to solicit participation from a broader area of the County..."

Response. Over the nearly three years the Illahee Community Plan has been in the preparation and review processes, there have been many involved and contributing residents and some non-residents involved in the completion of the Plan. Signs were placed along the roadways of Illahee, Illahee Community Newsletters go out via Postal Service mail to over 260 families, Illahee Community Updates go out via email to over 300 recipients, and the Illahee Community website was created primarily because of the Illahee Community Plan in order to keep the community and any interested others informed about the Plan and other Illahee issues. The first version of the Plan was completed by the community on July 5, 2006, and subsequent versions were issued in September 2007 and February 2008 before the County took over the process in February of 2008. The number of community members who have been kept informed of the Plan during this timespan is considerable, with the final list of public participants (which numbers nearly 100 for the process period between 2006 and 2008) available on the County's website.

We are not sure what more the County could have done to solicit participation from a broader area of the County as public notices were published in the legal sections of County papers. Additionally, the Kitsap Sun, the most widely distributed paper in the County, covered the Illahee Community Plan from 2006 to 2008.

Conclusion. Public notice and participation was more than adequate to properly represent the Illahee community. Additionally, press coverage and legal notices provided adequate notice to interested county residents.

Final Comment. The Kitsap Alliance of Property Owners (KAPO) had every opportunity to be involved with the Illahee Community Plan from the beginning in 2006 until fall of 2008, a nearly three year time frame. They had a chance to bring their concerns before a very interested and involved Planning Commission, but did not do so. The KAPO objections to the Illahee Community Plan are without merit as noted in the above reasoned explanations and answers.

We, therefore, respectfully request the Board of County Commissioners approve the Illahee Community Plan.

Dennis Sheeran & Jim Aho