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List of stories about Growth Management Act in San Juan County

85% threshold obstacle removed

posted 01/31/01
As far as water supply goes, at what point does the county say no to a building permit? In a Nov. 2, 2000 Skagit County Superior Court ruling, Judge Susan K. Cook set the mark at 85 percent of capacity. By adopting an emergency ordinance in December, 2000, the BOCC moved the cutoff to 100 percent.

At a public hearing Tuesday, Jan. 30 county Permit Center Director explained the predicament. In order for a permit to be issued, concurrency must be established. Language in the county's Unified Development Code (UDC) said a water system couldn't exceed 85 percent of capacity in activity centers in order to meet level of service requirements for concurrency. The county's Comprehensive Plan allowed for permits to be issued as long as a water system's approved or planned capacity did not exceed 100 percent.

"The ordinance brought the UDC and the Comp Plan into harmony," Beck said. He noted most if not all water systems serving activity centers are over 85 percent capacity at this time. Cook's ruling effectively created a moratorium on any new development in activity centers in San Juan County.

Two permit applicants were affected by Cook's ruling. San Juan County Fire District No. 3's Mullis Street fire station was one. Theron Soderlund's conditional use permit (CUP) for an Eastsound gas station was the other. Cook's ruling overturned his CUP and remanded the case back to the county.

The case came before Cook when Dorothy Mudd filed suit in Skagit County Superior Court appealing Soderlund's permit on five counts. The judge ruled against Mudd in four of the counts. The fifth count was the 85 percent capacity rule.

Soderlund said at the public hearing Tuesday, "Concurrency is not intended to limit growth, it's intended to accommodate growth."

Ted Wixom, general manager of Eastsound Water Users Association said, "Water systems can safely serve 100 percent of customers they are designed to serve."

Deputy Civil Prosecutor Karen Vedder noted water systems are approved by the state.

County Commissioner John Evans said,"The county does not issue building permits if the applicant can't show adequate capacity of potable water... Water systems in the county are not large corporate affairs. They need to be able to collect revenue at 100 percent capacity."

Commissioner Rhea Miller commented on the difficulty of making sure language reflected the county's intent. She appreciated the matter coming to the county's attention and agreed the emergency ordinance matched the county's intent.

Evans and Miller affirmed the BOCC's decision on the emergency ordinance. Commissioner Darcie Nielsen was in Olympia on county business.