Less growth in Lopez
equals more in Eastsound and Friday Harbor
posted 11/26/02
If growth is limited in Lopez Village, Friday Harbor and Eastsound will have to make up the difference. The county's Comprehensive Plan calls for 600 housing units to be built on Lopez Island in the next 20 years. "Three hundred are low or moderate income, half of which need to go into Lopez Village," San Juan County Senior Planner Pat Mann said. "If we don’t do that. Lopez will be exclusionary for income, and the county will have to meet the needs in Eastsound and Friday Harbor.
Mann made his comments during community meetings on Lopez Island Monday, November 25, 2002. Community members have been debating whether Lopez Village should be an Urban Growth Area (UGA), a Limited Area of More Intense Rural Development (LAMIRD) or a Rural Village.
Former chair of the Western Washington Growth Management Hearings Board Bill Nielsen was on Lopez Island to share information about growth management with citizens. He was asked after the meeting if not accommodating the allotted growth in Lopez Village could lead to invalidation of parts of the Comprehensive Plan relating to Friday Harbor and Eastsound. He said it was possible.
Urban has different meanings under SWAC and GMA
posted 11/19/02
The confusion about urban designations and required curbside collection was cleared up at the county's Solid Waste Advisory Committee (SWAC) meeting yesterday (Nov. 18, 2002). County Commissioner Darcie Nielsen has argued that designating Lopez and Eastsound as Urban Growth Areas under the Growth Management Act (GMA) means curbside collection would have to be provided. County planning department staff has said that is not true. According to SWAC consultant Kathy Robertson, the planning staff is right.
The confusion stems from a state regulation which says SWACs can designate densely populated residential areas as urban in their solid waste plans. Once that designation is made, curbside collection must be provided. Robertson said, "If an area is designated a Urban Growth Area in a Comprehensive Plan under GMA, that does not mean it is urban in regard to Solid Waste." It is only the areas that SWAC designates as urban that require curbside collection.
Solid Waste Manager Jon Shannon said the legislation was written to address densely populated residential areas in unincorporated areas. "They wanted to make sure multi-family dwellings had recycling services available without driving," he said.
The committee is working on an update of the county's Solid Waste Management Plan. They decided not to designate any areas except Friday Harbor as urban.
Lopez Village planning continues
By Sharon Kivisto
posted 11/12/02
Planning for Lopez Village is being bogged down in a false conflict over whether it will be a UGA or a LAMIRD, County Senior Planner Pat Mann told the BOCC. "There has been a lot of misinformation and disinformation by people trying to sidetrack the process," he said.
According to Mann, designating Lopez Village as an Urban Growth Area does not mean it must have sidewalks, curbside recycling or three-story buildings with commercial on the ground floor and residences above.
Misinformation about what options are available concerned county staff. County Commissioner Darcie Nielsen has suggested the county could develop a Rural Village plan like Skagit County did rather than a Limited Area of More Intense Rural Development or UGA. According to Deputy Civil Prosecutor Alan Marriner Skagit County's plan is the same as a LAMIRD. It was adopted in 1997 prior to the concept of LAMIRDs being added to the GMA. LAMIRDS are limited to what existed as of July 1, 1990. Only infill would be allowed.
Nielsen said she interprets the RCWs differently and "I feel like what I have told people is accurate." She expressed frustration with the whole GMA process. "I am ashamed, I feel like we’ve moved so far away from what planning is about. What we have come up with has nothing to do with the real intent of the act. I was assured the islands would be treated differently."
Both commissioner John Evans and Nielsen have said they do not believe Lopez Village should be a UGA. The BOCC designated it as a UGA in 2000. Marriner pointed out an excerpt from a May 7, 2001 Growth Management Hearings Board ruling which stated: "the concept of establishing the two unincorporated UGAs not only complies with the GMA but it appears from this record to be the only viable alternative available to the County."
Marriner said, "If they were redesignated to LAMIRDs, it will raise whole other sets of issues. We'd need to redo population projections, where we would put people.(Because the boundaries would be based on what was on the ground as of July 1, 1990) there would be downzoning and loss of density in those areas," he said.
Commissioner Rhea Miller wants the work that has been done by the citizens of Lopez to be respected and allowed to move forward. She said, "I am sick and tired of not being able to get these problems on the table. We can’t stop people from coming, they will come one way or another. It is important to keep our rural character. I am so proud of Lopez Island, but we are being torn apart right now in ways that aren’t helpful."
The planning staff is scheduled to meet with residents about Lopez Village planning on:
- Nov. 19, 2002 at 6 p.m. at Lopez Center
- Dec. 3, 2002, at 6 p.m. Lopez School multi-purpose room
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.
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