GROWTH MANAGEMENT ACT

Growth Board approves Eastsound airport overlay district

posted 01/12/04
The Western Washington Growth Management Hearings Board found the Eastsound Airport Overlay District compliant with the Growth Management Act. The hearing board referred to a letter from the state Dept. of Transportation (WSDOT). "We give substantial weight to the agency's assessment that the county has appropriately addressed safety concerns and incompatible uses."

The overlay district places different limits on density on property surrounding the airport and under the flight path. The plan was approved by Commissioners Darcie Nielsen and Rhea Miller in August 2003. Commissioner John Evans was adamantly opposed. See the story below for more details.

Airport overlay district designated

posted 08/27/03
Over the strong opposition of Commissioner John Evans, San Juan County Commissioners Darcie Nielsen and Rhea Miller approved an airport overlay district for Eastsound. The regulations reduce the density for the south part of Zone 2 from eight units per acre to one. In the inner area of Zone 3 the density changes from eight units per acre to four. In Zone 4 from eight units to four per acre.

The recommendations almost mirror those approved by the Eastsound Planning Review Committee in March of 2003. In July of 2003, the EPRC dropped those recommendations and approved a new set which eliminated Zone 3 altogether and provided higher density in the south part of Zone 2. Evans made a motion to approve the EPRC July version. His motion died for lack of a second.

Airport overlay discussion
resumes at 11 a.m. today

posted 08/27/03
San Juan County Board of Commissioners will resume deliberations regarding the Eastsound Airport Overlay District at 11 a.m. Wednesday, August 27, 2003. An August 26, 2003 public hearing included three different plans - one recommended by the planning commission, one by the Eastsound Planning Review Committee and an alternative plan previously considered by the EPRC.

Several citizens expressed unhappiness with the process used. EPRC member Fred Munder was especially upset by the planning commissioners from Lopez Island.

The same statistics showing the accident risk in different zones around the airport were presented in a written report one way by Senior Planner Pat Mann and in another by former EPRC member Mike Stolmeier. Stolmeier computed the risk for any one acre. Mann cited the risk per zone.

The BOCC asked for more information from Mann regarding the Town of Friday Harbor's regulations and the hearing examiner decision regarding the Orcas Fire Hall issue.

Planning Commission split 5-4 re airport overlay district

posted 08/26/03
The county Planning Commission (PC) voted 5 to 4 earlier this month to approve with a few changes the revised Eastsound airport overlay district as presented by the county planning department. Three of the opposing votes were from Eastsound residents who favored the ideas presented in the Eastsound Planning Review Committee (EPRC) report.

Larry Hendel of Lopez Island said, "People have a tendency to look at what growth pattern is now, and not look at growth pattern 30 to 50 years out. Our job is to look long term. I think quite frankly the Eastsound group is not really looking at realities of the future."

PC member Ri Warren of Eastsound, who owns property in the overlay district, said, "Nobody has spent more time looking at the reality, than the EPRC. They are our advisory body, we are to weigh heavily their advice."

Barbara Thomas of Lopez Island said, "I don’t want to get into position to recommend something that has already been rejected by the hearings board (the Western Washington Growth Management Hearings Board). It will cost the county time and money. One of the things that really concerns me is the EPRC proposal would allow many more people into the overlay zone than the plan that was already rejected by hearings board."

Warren said, " That is an issue the EPRC struggled with. Do we focus on what will pass the heaings board or focus on what is best for the town."

PC member Jim Nelson expressed frustration with the Port of Orcas. He said, "The port has had opportunity to buy up land (adjacent to the airport) for a 10 percent match with federal funds."

While the vote on the overall plan was split 5 to 4, there was agreement to drop a disclosure requirement for real estate transactions for property in the district.

Evans questions role of planners

posted 04/23/03
Frustrated by the Planning Department recommendations regarding the Airport Overlay District in Eastsound, San Juan County Commissioner John Evans wants to change the process. Commissioner Rhea Miller said what he suggested amounted to "censoring the public record."

According to Evans, the Eastsound Planning Review Committee is upset about the staff report written by county Planner Pat Mann. At the March 18, 2003 BOCC meeting, Evans said, "The EPRC feels frustrated. They talk until they are blue in the face and the staff recommendation remains unchanged." According to Evans, the problem is the Western Washington Growth Management Hearings Board relies on the staff report and gives the BOCC recommendations short shrift. "The initial report and recommendations come back to haunt us," he said.

Evans brought the issue up again at the BOCC April 22, 2003 meeting. Instead of beginning the process with recommendations from the planning staff, he suggested the staff "bring together all revelant issues" and create a "non-judgmental report."

Based on that report, the public process would go on. Input from property owners, the EPRC and the public would be gathered. "When we get to the point we have to make a decision, at that point we'd have a record of alternatives. Something called the best alternative would come forward," he said. "I would like to have someone provide this community with a lexicon of information and no recommendation."

Miller said the process works. "We hire someone to look into issues and give us their best recommendation. We get the best possible advice from the best possible staff. It all comes to us for a decision...You want to go back and say 'planner we don't want you to say anything?'"

Evans said, "Absolutely."

During the March meeting, Miller said, "There are people whose property is affected by the rules and people who believe there is a balance between private property rights and the public good. The staff represents the public. People have said to me, "Aren't you crazy not to expand the overlay to protect the public?'"

Commissioner Darcie Nielsen, a former planner, said she believed in a collaborative process. "There are no right answers," she said. "To me the way to start the process is to issue a paper with the options available to pursue. The final recommendation should include input from public process." At the March meeting she said the reports have "been weak on the public process part."

Miller noted the county has been commended for its public process.

According to Miller the problem regarding the airport overlay issue is "People on the EPRC are tight with property owners and the press. The public hasn't had representation." The planner is representing the public, she said. She told Evans, "As far as I am concerned you are trying to censor the public process."

The BOCC ran out of time to discuss the matter further. The discussion will resume at a future meeting when county Prosecutor Randy Gaylord is available. County Planning Director Laura Arnold listened to the commissioners argue about the subject at both the March and April meetings. She asked to be allowed to respond when the subject is discussed again.

Airport overlay discussion May 2, 2002

posted 05/01/02
County commissioners will determine how much risk is acceptable when they set boundaries for the Eastsound Airport overlay district. The district will be divided into zones which have different densities and use restrictions. "There is no right answer," County Deputy Civil Prosecutor Alan Marriner said at last week's hearing. "It is really an issue of risk management." The discussion resumes at 1:30 p.m. tomorrow (Thursday, May 2, 2002) in the county Courthouse.

Marriner pointed out the county does have an obligation to discourage incompatible uses with the airport. The state's Department of Transportation Aviation Division will review the county's plans.

Several Eastsound residents downplayed the risk of accidents near the airport. Ri Warren said. "The assertion that the planes will hit buildings is melodramatic. We do not wish anyone to be killed in a flight related accident on our property. We feel there is a God factor here. Some things are beyond anyone's control."

Howard Tolleson argued that the planning department's list of comparable airports was poorly done. He recited a list of airports -- Spanaway, Cashmere, Concrete, Ocean Shores -- which he felt were more in line with the size of Eastsound Airport. He favored requiring more open space in some of the proposed zones which would provide a place for pilots to land in an emergency.

Senior Planner Pat Mann presented more information on the comparable airports chosen by the planning department. The airports were reviewed to compare the types of safety zones adopted. In his report he wrote: "Because the Aviation Division's recommendations for land use in hazard zones are extremely restrictive, we were interested in finding airports that had been less restrictive, and examining the rationale used at these airports for being less restrictive."

He said the airports Tolleson selected were not comparable to Eastsound Airport in terms of operations. None of the airports Tolleson listed have scheduled operations. The busiest aiport on his list was Spanaway and it has less than half the air traffic of Eastsound according to Mann. The other listed airports have a quarter of the traffic of Eastsound's airport.

Eastsound has more than 40,000 annual operations. Anacortes airport has 70 percent of the traffic of Eastsound and Ellensburg-Bowers has slightly less than Anacortes.

The comparable ariports were not used to determine the likelihood of an accident in the Eastsound area. The history of accidents in Eastsound and national statistics for small airports were used in determining the risk. Mike Stolmeier said he used the numbers Mann provided and came up with the calculated years per 50/50 chance of one aircraft incident per average acre within a designated safety zone:

• Zone 1: 88 years
• Zone 2: 278 years
• Zone 3: 2,500 years
• Zone 4: 833 years
• Zone 5: 667 years.

Mann noted the county looks at risk of accidents for the community not per acre. Asked during a break how his statistics jibed with the fact there were two accidents in Eastsound last year, Stolmeier said. "There are statistics and there is reality."

The county's Planning Commission recommended:

• Zone 1 (runway protection zone): no residential development and no structures for non-airport use would be allowed.
  
  
• Zone 2 (inner safety zone): Residential density of one unit per acre maximum. Limited retail, office intensity. No public assembly or dependent populations.
  
  
• Zone 3 (inner turning zone): Residential density of 12 units per acre maximum. No high occupancy retail, office. No public assembly or dependent populations.
  
  
• Zone 4 (outer safety zone): Residential density of four units per acre maximum. No high occupancy retail, office. No public assembly or dependent populations.
  
  
• Zone 5 (sideline safety zone)): No residential density except hangar residential. Limited retail, office intensity. No public assembly or dependent populations. Exception for airport -related uses.

A map is available on the county's Web site.

During deliberations, County Commissioner John Evans suggested not imposing Zones 3, 4 and 5. Zone 2 would be divided into two zones. Instead of one unit per acre density, the southern half would have 8 per acre. He said, "I recognize the airport is a huge asset. We need to get compatibility between the rights and aspirations of citizens and airport users." He recommended requiring more open space. "If we can go forward on that, we will have addressed the issue and have been responsble."

County Commissioner Rhea Miller said, "I spent nine months doing risk assessment on a federal state panel. No matter how many regulations are put on. There is the issue of fatigue causing accidents to happen. Accidents do happen. For me the concept of an airport overlay makes total sense. ...I'm impressed with the work done by the staff regarding airport overlay. What we have before us is strong compromise. The airport is only going to grow. I do endorse the airport overlay as brought forward by the planning department."

County Commissioner Darcie Nielsen agreed with Evans' recommendations for Zones 1 and 2. She thought Zones 3 and 4 should have the public assembly restrictions recommended by staff and also have increased open space requirements. Density in Zone 4 should increase to 6 to 8 units per acre she said.

The BOCC will continue their discussion at 1:30 p.m. Thursday, May 2 in the commissioners hearing room in the county Courthouse in Friday Harbor.

Planning commission recommends
airport overlay district and moratorium

posted 04/08/02
An airport overlay district and the Klein property would be added to the Eastsound Urban Growth Area and a moratorium imposed on parts of the Lopez UGA if the recommendations from the county's planning commission are followed. After a full day of public hearings and deliberations April 5, 2002, the commission approved recommendations which will be presented to the BOCC. The BOCC will hold a public hearing April 16, 2002.

AIRPORT OVERLAY DISTRICT:
After a lengthy discussion of the airport overlay, the commission agreed to follow the county planning departments recommendation with one change. The restriction in residential density would be lifted from the current Village commercial district in Zone 3. Instead of restricting the density to four units per acre, 12 units per acre would be allowed.

Five Washington State Dept. of Transportation safety zones would be created. A map is available on the county's Web site.

Zone 1 (runway protection zone): no residential development and no structures for non-airport use would be allowed.

Zone 2 (inner safety zone): Residential density of one unit per acre maximum. Limited retail, office intensity. No public assembly or dependent populations.

Zone 3 (inner turning zone): Residential density of 12 units per acre maximum. No high occupancy retail, office. No public assembly or dependent populations.

Zone 4 (outer safety zone): Residential density of four units per acre maximum. No high occupancy retail, office. No public assembly or dependent populations.

Zone 5 (sideline safety zone)): No residential density except hangar residential. Limited retail, office intensity. No public assembly or dependent populations. Exception for airport -related uses.

Jim Nelson, planning commissioner and a member of the Eastsound Planning Review Committee (EPRC) objected to the creation of an airport overlay district. "EPRC has the idea the community is more important here. If this was any other type of land use we would be looking at off-site impacts," he said. " Because this is a government agency it is OK to have more impacts on the people on the ground. We expect people who own property to have to live with impacts and expect the victims to solve the problems. The Port of Orcas has bought quite a bit of land in Zone 1. They are not unaware of their responsibilities there. They are not inclined to go much beyond that. They are content to let you downzone and take property rights away from people who are already victims."

The EPRC recommended eight units per acre in Zone 2 with the same limitations recommended by the county. They did not recommend designating Zones 3 and 4.

Planning commissioner Barbara Thomas said, "It is our job to carry out the zoning issues. Whether we believe the airport dictates, or town dictates, is out of our jurisdiction. There are certain activities we have to consider."

Several Orcas residents testified regarding the overlay district. Pilot Howard Tollefson, who owns property in the proposed Zone 2, questioned the choice of comparable airports used for the county's study. He said, "We believe better comparables should be used." He cited several other airports -- Spanaway, Ocean Shore, Eatonville -- which did not have an overlay district. He said the planning department's recommendation was an "extreme misrepresentation of state and federal intent." He recommended the existing zoning be maintained with new rules regarding soundproofing for new construction.

County Assistant Civil Deputy Prosecutor Alan Marriner told the planning commissioners the statute requires local governments to look long term. "We cannot hinder long term expansion plans of the airport. Eastsound air traffic is expected to double. We have to take into account the growth and allow for the growth." He said other airports may not have overlay zones because their plans have not been challenged. "I imagine if it is not challenged, it is assumed to be compliant," he said.

EASTSOUND UGA BOUNDARIES
The boundaries for the Eastsound Urban Growth Area (UGA) were modified by the planning commission from the planning department's recommendation. Thirty acres of the Klein property in the northeast portion of Eastsound were included. As a tradeoff, 100 residential units will be allowed on 15 percent of the Buck property on the southeast portion in the next 20 years. The planning department recommended that 30 percent of the Buck property be developed with 200 housing units.

The Buck property is adequately served by public roads but does not have sewer service. The Klein property is not served adequately by county roads but has sewer lines. Property owner Fred Klein spoke in favor of inclusion of the northeast property during the public hearing. He said the hearings board had ruled in favor of his petition against the present boundaries because the decision was made by citizen preference. He said the consultant hired by the county to recommend boundaries did not take a fresh look at property outside the interim boundaries.

LOPEZ MORATORIUM
In order to establish UGA boundaries, an analysis of capital facilities must be completed. The county did not do the work before submitting the Eastsound and Lopez UGAs. In May 2001, the hearings board gave the county 180 days to complete the work. The county asked for an additional 180 days.

The Eastsound capital facilities analysis is completed. Worried that the hearings board could throw out the entire Lopez UGA, the planning department and prosecutor office are recommending a voluntary moratorium. After expressing concern that the necessary water study be completed as soon as possible, the planning commission voted to recommend: No subdivision outside core (see map) below five acres.

The next step in the process is a Board of County Commissioners public hearing April 16, 2002.

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