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Hearing on East Orcas water supply Wednesday
posted 3/14/2006
Orcas Island residents will have two hours to present their thoughts on the East Orcas Water Supply Report at a public hearing at 10 a.m. Wednesday, March 15 at Orcas Senior Center in Eastsound. The hearing will end at noon. Councilmember Kevin Ranker expressed doubts as to whether the comments would be completed in two hours. Council Chair Alan Lichter said they would be. "I will be brutal in chairing," he said.
The report is posted on the county's Web site: East Orcas Water Supply Report
Hearing continued to March 15 on Orcas water report
posted 2/15/2006
For two years, a group of 13 Orcas Island residents sought answers to questions about water supply and service capacity for the Eastsound Urban Growth Area (UGA). The hearing has been continued until 10 a.m. March 15, 2006 on Orcas Island. The exact location is still to be determined.
Hearing today on Orcas water report
For two years, a group of 13 Orcas Island residents sought answers to questions about water supply and service capacity for the Eastsound Urban Growth Area (UGA). Today the county council will hold a public hearing regarding adoption of the East Orcas Water Supply Report and Recommendations. The hearing is set for 1:30 p.m. Tuesday, Feb. 14, 2006 in the county Courthouse.
Work on the report began in January 2004. One of the recommendations by the East Orcas Water Supply Planning Committee - designating the Eastsound aquifer as a critical water resource area - was done in June 2005.
The report includes recommendations amended by the county Water Resource Management Committee.
The recommendations include:
- Conducting an instream flow assessment for Cascade Creek. The committee believes the recommended instream flow by the state Dept. of Ecology was "based on a simplified approach, with very little data to determine the amount of water necessary to sustain salmonid habitat in the creek." An indepth study would determine whether the stream should be included in the state's stream catalog.
Recommendations for the next phase of water resource management include:
- Develop a cooperative operations management agreement for water users in the Mountain Lake/Cascade Lake watersheds.
- Collect detailed information for the mutual, beneficial management of the resource in the Cascade Lake/Mountain Lake watersheds.
- Recommend that the Cascade Lake/Mountain Lake watersheds and the Eastsound Aquifer be a priority for review of new water right applications by DOE.
- Use adaptive management to determine future allocations and support a plan that assures greatest public benefit including recreation and habitat, and protection of junior water rights during drought conditions.
- Support requirements to serve. Municipal water systems in east Orcas shall be required to develop procedures for timely and reasonable service as part of their water system plans to assist the county with concurrency planning and provide needed reliability of service.
- The county will facilitate formation of public utility districts, including the merger of Eastsound Water Users Association and Eastsound Sewer and Water District, through educaiton and grants.
Ecology implement the following priorities for existing and new water right allocation.
Eastsound aquifer designated critical water resource area
posted 06/29/05
With a unanimous vote, San Juan County Board of Commissioners, sitting as the Board of Health (BOH), passed a resolution to designate the Eastsound Aquifer a Critical Water Resource Area June 28, 2005. Due to pressure from an increasing number of individual wells being drilled in the area and preliminary studies that indicate the aquifer may be at risk of over-withdrawal, the Eastsound Water Users Association Board petitioned the BOH to take action to study and protect the aquifer. This designation will lead to planning for water system coordination and an in-depth study of the water supply.
This action has been endorsed by the county's Water Resource Management Committee, the East Orcas Water Supply Planning Committee, and the Eastsound Planning Review Committee. The next step will be to request participation from water systems and well owners in the area in the planning and monitoring effort. Representatives from other utilities and organizations will also be invited to participate.
For more information contact San Juan County Health and Community Services, Vicki Heater or Mark Tompkins, 360-378-4474, vickih@co.san-juan.wa.us.
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Restrictions on wells in Eastsound
posted 08/11/04
Too many "straws" are putting the Eastsound aquifer at risk, according to the Eastsound Water Users Association. San Juan County Board of Commissioners (BOCC) agreed during their August 10, 2004 meeting, to amend a county ordinance in order to eliminate incentives for Eastsound residents to drill wells.
Jim Nelson, president of EWUA, said, "We, the board, realize we have got an obligaiton here to the greater community. We are trying hard to live up to that obligation."
The county is under a November 15, 2004 deadline to complete a capital facilities plan for Eastsound's Urban Growth Area. The plan must show how the needs will be met and financed or the size of the UGA must be scaled back.
Nelson said there is no one solution to meet the needs. The EWUA board is researching everything from desalination to building a reservoir. In the short term, the utility wants to use the excess water available in the winter to help meet the need in the summer. Customers would be able to be part of a "bulk haul" program. Water would be stored on the customer's property in their own storage tank. In the summer months, the customer would use the stored water. The water wouldn't actually be hauled, it would be sent to the storage tanks through the water pipes.
Deputy Prosecutor Cameron Carter said, "This seems to me to be the most commonsense approach to solve the issue of how to provide water in the UGA. The plan for bulk hauling seems to be the most reasonable approach," he said.
Ted Wixom said, "This process is considered a first step. It is not considered to be final step or a step we envision to use for years and years. This allows a transition period to occur." The water association will continue to search for more water resources.
In order for the association to move forward with their plans, they want the county to not allow any more well drilling in the aquifer. They asked that property owners be required to obtain water from the association.
Commissioner Rhea Miller asked if rain cachement systems would be allowed. Wixom said they would be a viable alternative.
County Environmental Health Manager Mark Tompkins said, "This (plan) is an attempt for EWUA to be the water provider for the UGA. This is to ensure their user base is not eroded
and that the aquifer is not over drafted."
Protection of the aquifer is very important, Carter said. "It is clear the aquifer in Eastsound is definitely stressed. There are more more straws in that limited glass," he said. "We are looking at salt water intrusion down the road."
If the county does not take action to protect the aquifer, the state Department of Ecology could step in, according to Carter. "If a significant group of people felt water rights were impaired, they could petition DOE to step in. DOE could choose to close the basin. That would be very problematic and nothing would be allowed to happen. It is usually a very long term process. It is something the county should seek to avoid," he said.
The simplest way to protect the aquifer is to amend the county code, Carter said. Property owners need proof of water availability before they can obtain a building permit. Carter suggested the county code be changed to say the county would not accept exempt wells as proof of water availability. That would remove the incentive for property owners to drill wells." (Exempt wells are ones used by one homeowner. Wells that serve more have to obtain water rights from the state.)
EWUA is a private cooperative. County Commissioner Darcie Nielsen doubted the Growth Management Hearings Board would accept a plan dependent on a private utility rather than a public utility district. Nelson said converting to a public utility is a discussion which the association members will have in the future.
"They (EWUA) are committed to providing water necessary for the 20 year growth period. They are responsible citizens of Orcas Island," Commissioner John Evans said. " They need to know aquifer would be protected. Citizens need to be assured when they desire to build a home, they can get water. If EWUA can't provide water a citizen can drill a well."
The commissioners directed Carter and Tompkins to continue to work with Nelson and Wixom and return to the BOCC with a draft ordinance.
Eastsound moratorium hearing set
posted 02/03/04
San Juan County Commissioners will hold a public hearing at 9 a.m. Wednesday, Feb. 11 regarding imposition of a moratorium on subdivision of parcels in Eastsound. The moratorium would only affect parcels in the Eastsound Urban Growth Area where sewer service is not available. Lots could not be subdivided in those areas to less than 5 acres in size.
Commissioner John Evans said at the Jan. 27, 2004 BOCC meeting, "I am adamantly opposed to bringing this forward." The previous week he had indicated he was likely to go along with the idea but wanted to confer with the Eastsound Planning Review Committee. The EPRC met and voted two in favor, two opposed and one abstention.
County Deputy Civil Prosecutor Alan Marriner said the Western Washington Growth Management Hearings Board indicated a moratorium was necessary. He said, "The hearings board couldn’t be more specific in its order. If you want us to grant you time take this action."
The county has asked for another extension in order to finish capital facilities planning. A moratorium has been in effect in Lopez for some time. By limiting subdivision into urban levels of density in areas which may not end up in the final boundaries of the UGAs, the county prevents sprawl from occuring.
Commissioner Rhea Miller said, "This is something we need to do. Lopez has been laboring under a moratorium for a long time. It is not a good thing. But the more we delay, resist or try to walk around the requirements, the more money it will cost us."
The Commissioners listened to a presentation from the Community Development and Planning Department staff on the status of the capital facilities planning. Commissioner Darcie Nielsen suggested a deadline of Nov. 15, 2004 to complete the work. The county must present a detailed work plan to the hearings board by Feb. 18, 2004. The hearings board will then decide how long (if any) of an extension to give the county.
Moratorium likely for parts of Eastsound
posted 01/22/04
A moratorium on urban-level development in some areas of Eastsound is likely. The Board of County Commissioners considered a motion to impose a moratorium during their Jan. 21, 2004 meeting. Commissioner John Evans asked for a delay until next week's BOCC meeting so he could have a chance to discuss the issue with the Eastsound Planning Review Commission at their Thursday, Jan. 22 meeting.
The BOCC is in the process of establishing boundaries for the Urban Growth Areas (UGAs) for Eastsound and Lopez Village. A capital facilities plan must be completed prior to a final decision being made on the boundaries. A moratorium was placed on development outside the core of Lopez Village last year in order to make sure urban-level development did not occur in areas which are may end up designated as rural. In a recent review, the Western Washington Growth Management Hearings Board told the county it needed to do something similar in Eastsound in order to prevent sprawl.
Commissioner Rhea Miller proposed a moratorium. Commissioner Darcie Nielsen questioned whether it is necessary, she felt other restrictions already in place would prevent sprawl. Evans said he is likely to go along with it but wanted to talk to the EPRC.
Growth Board gives county 60 days
posted 01/12/04
The Western Washington Growth Management Hearings Board gave San Juan County
until Feb. 18, 2004 to submit a detailed work plan regarding capital facility planning for Eastsound and Lopez Village Urban Growth Areas (UGA). After receiving the work plan the hearings board will decide whether to grant the county's request for another 180 day extension of the original deadline.
The hearings board stressed the granting of an extension would be dependent upon measures the county takes to protect the environment and prevent sprawl in Eastsound. The hearings board noted the county placed a moratorium on development outside the Lopez Village core to prevent sprawl there. The hearings board stated:
The work plan shall also include a description of the County's measures that ensure that the environment is being protected and sprawl is being prevented in the Eastsound UGA while the county completes capital facilities planning.
The work plan is to include:
- a list of the tasks that need to be completed
- a timeline for completing those tasks
- identification of resources that will be devoted to completing the tasks.
The county Commissioners will hold a worksession with the Community Development and Planning Dept. to discuss the UGAs at 3:15 p.m. Tuesday, Jan. 13, 2004.
Eastsound service providers to meet
posted 11/12/02
Service providers in Eastsound including, fire, sewer, port, water, will meet on Nov. 21 to review the capital facility needs required if the area is designated an Urban Growth Area (UGA). We'll have a sit down come to Jesus meeting," said Commissioner John Evans. "If this is a UGA how will it be done and at what cost and for whom."
The Western Washington Growth Management Hearings Board ruled October 18, 2002 that the county's plans for the Eastsound UGA were not in compliance with the Growth Management Act.The board said: We cannot find compliance with the Eastsound UGA. The County has not achieved compliance regarding the sewer element of its capital facilities plan. As it finalizes its UGA, we urge the County to pay particular attention to its consultant and staff recommendations regarding average density, UGA boundary sizing, and market factor. We do not reach the question of whether the County was clearly erroneous in omitting the Klein property from the UGA. Sewer analysis, inventory and a compliant market factor and density must be achieved before the County will be able to finally act on the Klein property.
UGAs require capital facilities planning. The county must show how services will be provided and how they will be paid for. At their Nov. 5, 2002 BOCC meeting, Prosecutor Randy Gaylord praised the commissioners for the hard work they've done so far and encouraged them to not to get discouraged. He said, "As you're dealing with the concept of unincorporated UGAs, you are doing different work than commissioners have ever done before," he said. "This is the type of work that town leaders have taken on." He noted more information was needed about Eastsound's wastewater.
Commissioner Darcie Nielsen said, "All these service providers knew they needed to do this planning years ago. They haven’t done it."
Evans said, "This is not a question of attitude on the part of various service providers or competency." He said state regulations have hamstrung local service providers."For the first time in anyone's memory the intake pipe at Purdue Lake is visible," he said. "There are significant important critical issues to be dealt with."
Bumpy road for UGAs
posted 10/28/02
In 2000, Lopez Village and Eastsound were designated UGAs. Last month (September 2002) it looked like two commissioners were ready to change the designations to Limited Areas of More Intense Rural Development (LAMIRD). "All of a sudden two commissioners are saying LAMIRD," said Commissioner Rhea Miler. "The process is being preempted. We're not going to get questions answered and we're not going to have a full discussion."
She noted the amount of planning by citizens that has gone into the Lopez Village plan. "I don't want the Lopez citizens railroaded by a small group. The vision statement the Lopez citizens put together is wonderful. I want the full dialogue to go forward."
Commissioner John Evans suggested the BOCC hold a worksession. "It's not useful to have 200 opinions from 300 people. I am not attempting to do an endrun. There are a lot of small groups with agendas. It is our job to put as many small groups and agendas together."
A review of the recent decision by the Western Washington Growth Management Hearings Board is on the San Juan County Commissioners' agenda for 1:30 p.m. Tuesday, October 29, 2002. The hearings board found the county's plans for Urban Growth Areas (UGAs) in Eastsound and Lopez Village needed more work. Eastsound and Lopez Village were termed UGAs in 2000. The board agreed with the county's contention that work that final boundary lines for the Lopez Village UGA could not be drawn until the water study was completed.
THE HEARINGS BOARD RULING
While the County has made considerable progress toward establishing a final urban growth boundary in the Eastsound UGA, we are unable to find compliance at this time. Among the factors which preclude such a finding are an inadequate sewer capital facilities plan (including inventory, projected needs, and financing) an unusually high market factor, and questions raised by the County itself regarding the adequacy of the average density and the inclusion of the westernmost properties of the UGA. The County must preclude incompatible uses in the airport overlay approach zones. The County has erred in failing to discourage siting of incompatible uses in Zone #2 (South) by allowing high-density uses in the airport approach zone. The County plan permits 8 units per acre in an area in which even its staff report recommended 1 unit per acre, and in Zones #3 and #4, within which even the staff-recommended 4/1 density was exceeded by 4-12/1 or, in parts of Zone #4, 4-40/1 density (Exhibit H). With these uncertainties before us, we do not reach the question of whether or not the exclusion of the Klein property was within the scope of the discretion afforded the County under Section .3201.
Regarding Eastound the board said: We cannot find compliance with the Eastsound UGA. The County has not achieved compliance regarding the sewer element of its capital facilities plan. As it finalizes its UGA, we urge the County to pay particular attention to its consultant and staff recommendations regarding average density, UGA boundary sizing, and market factor. We do not reach the question of whether the County was clearly erroneous in omitting the Klein property from the UGA. Sewer analysis, inventory and a compliant market factor and density must be achieved before the County will be able to finally act on the Klein property.
Growth board: Eastsound plan not in compliance
posted 10/18/02
The Western Washington Growth Management Hearings Board determined the county is not in compliance with the Growth Management Act regarding capital facilities planning, boundaries and densities, and the airport overlay district in Eastsound. It agreed with the county that more information is needed before the Lopez Village UGA is finalized. The ruling was issued October 15, 2002. The board gave the county 180 days to bring the
Lopez Village and Eastsound UGAs into compliance with the GMA.
SAN JUAN COUNTY PROSECUTOR PRESS RELEASE
Growth board reviews
Eastsound and Lopez Village Urban Growth Areas
posted 10/18/02
On October 15, 2002, the Western Washington Growth Management Hearings Board
issued its Order regarding the County's ongoing land use planning for the
Eastsound and Lopez Village UGAs. The Growth Board's decision applauded the
County on their progress in the capital facilities' analysis and application
of the Growth Management Act's urban growth area criteria in Eastsound and
Lopez Village, but did find some areas of noncompliance with the Growth
Management Act (GMA).
LOPEZ VILLAGE
The County is unable to finalize the boundaries for Lopez Village until a
study of water availability has been completed in the Village. Until this
study is complete, the County has imposed a moratorium on land divisions in
Lopez Village outside of the commercial core.
- The Growth Board agreed and commended the County for establishing a
moratorium on land divisions to maintain the status quo while it completes
its work.
EASTSOUND
The Growth Board said the County made significant progress toward
establishing a final urban growth boundary in Eastsound. However, with
regard to capital facilities planning, boundaries and densities, and the
airport overlay district in Eastsound, the County was not in compliance with
the GMA.
Capital Facilities Plan
- The Board found that the County had taken significant steps towards
developing Eastsound's capital facilities plan, i.e., the County's planning
for water and transportation systems in Eastsound. However, the Board found
that the County's wastewater and drainage system analysis failed to meet the
minimum requirements of capital facilities analysis under the GMA, as it
lacked a comprehensive plan showing how service will be expanded as
development occurs, and how this expansion will be financed.
Boundaries and Densities
- The Growth Board expressed concern over the inclusion in the UGA of
neighborhoods on the west side of Eastsound that were already built out at a
density of one dwelling unit per one or two acres. The Board noted that
these areas did not currently have urban growth, had little potential for
further growth at urban-level densities, were not currently served by sewer,
and lacked a plan for connecting to sewer service.
- After the County completes its capital facilities analysis for sewer
and drainage systems and reviews the inclusion of the west side
neighborhoods in the UGA, the Growth Board has ordered the County to
reconsider the entire Eastsound UGA boundaries.
- The Growth Board declined to decide on whether the 30-acre property
owned by Fred Klein should be included within the UGA until after the County
completed this analysis. Mr. Klein was the sole challenger of the County's
recent planning decisions for the Eastsound UGA.
Airport Overlay District
- The Growth Board held that the County's airport overlay district for
the Orcas Island Airport in Eastsound failed to adequately discourage
incompatible uses in the airport safety zone. The Board found that the
airport zone densities were simply too high to be compatible with the
existence of the airport.
The Board gave the County 180 days to address these issues and bring the
Lopez Village and Eastsound UGAs into compliance with the GMA. The next
hearing on the matter is scheduled for May 15, 2003 at 9 a.m. at a location
to be determined.
Densities OK but work still to be done on UGAs
posted 05/08/01
Western Washington Growth Management Hearing Board released its ruling on the county's Comp Plan appeals Monday, May 7, 2001. "Basically the word is good," said County Commissioner Board Chair John Evans.
The county's positions on densities, affordable housing and rural clustering were upheld. Appellants prevailed on the issues involving North Roche Harbor's Limited Area of More Intense Rural Development and transient rentals in resource lands. More work must be done before Urban Growth Areas in Eastsound and Lopez Village are approved.
Densities
Appellants said since 68 percent of the county's rural land is zoned one unit per 5 acres and 28 percent is zoned 1:10 acres, the Comp Plan did not contain the variety of densities required.
In response the hearings board stated:
"...the salient fact is that the 2000 amendments reduced future developable acreage from 85,000 in the 1998 noncompliant Comp Plan to only 38,000."
Roche Harbor LAMIRD
The area ruled invalid does not include Roche Harbor Resort. The land in question is undeveloped acreage zoned 1:5 (the donut hole) surrounded by mostly two-acre lots (the doughnut).
The board stated:
".Inclusion of the two-acre minimum size lots in the LAMIRD does not comply with the Act. Two-acre residential properties are not "intensive" rural development....... The North Roche Harbor LAMIRD designation is so egregious as to substantially interfere with Goals 2 and 12 of the Act. "
Transient Rentals
The hearings board found that transient rentals in rural zones except for resource lands complied under the Growth Management Act. The board stated:
"The County has simply not appropriately analyzed the impacts of transient rentals in resource lands within the requirements of assuring no imcompatible uses adjacent to and within such resource lands."
Evans wanted to fight this part of the ruling. He wasn't able to convince either of his fellow commissioners to ask the hearings board for a reconsideration of the ruling. He noted no one could build a business like Orcas Island's Turtleback B&B under this rule. Existing transient rentals in resource lands will be grandfathered in.
Guest houses were not covered under the May 7 ruling. The BOCC has taken that issue to Thurston County Superior Court. The next hearing is June 1, 2001.
Rural Clusters
The Town of Friday Harbor concerned about the impact rural clusters in the Pear Point Turn Point area might have on town water and sewer services had challenged the county's rural clusters.
The hearings board stated:
...The standards adopted by San Juan County comply with these requirements. Urban service standards are not allowed, very limited numbers and sizing of clusters are authorized, only limited areas are authorized to accept clusters and affordable housing provisions are required.
Prior to the ruling, the county and town had been working on defining areas on the outskirts of town where rural clusters would be excluded. After the ruling, County Prosecutor Randy Gaylord asked the BOCC if they would like staff to continue to pursue the discussions with the town. County Commissioner Darcie Nielsen said no.
UGAs
Lopez Village and Eastsound were both redesignated as Urban Growth Areas under the Comp Plan. Appellants questioned whether the county had met its obligation concerning urban level of services for these areas. They also questioned the sizing of the UGAs.
The hearings board stated:
The proper sizing of an UGA is not simply a density calculation....The County must use GMA criteria, not simply the wishes of current residents....
In addition to the sizing noncompliance, the County has acknowledged that it did not address urban facilities and services through an analysis of capital facilities planning...The County's brief makes a rather startling, and totally incorrect, statement that since water and sewer facilities are provided by individual serving agencies (non-profits, public utilities) there is no need for the County to include those budgets and/or plans in determining whether or where a proper UGA should be located.
The county has 180 days to establish the UGA boundaries only after a complete capital urban facilities and services analysis is done. The hearings board warned of possible 'sticker shock'. At a meeting, Tuesday afternoon, Evans said, "This implies the county is responsible for those services. I am very interested in avoiding being responsible for those services."
Gaylord replied, "We have to plan for them. We don't have to provide them."
The appellants have 30 days in which to appeal the hearings board's decision. "This is an on-going process," said Gaylord. "We're moving forward."
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