Klein and Otte property out of UGA
posted 04/24/02
San Juan County Commissioners set the boundary for Eastsound Urban Growth Area Tuesday, April 24, 2002. They did not follow the planning commission's recommendation to include Fred Klein's 30 acres. They did agree to a request made at the April 24 public hearing by property owner Byron Otte to remove his 20-acre parcel from the UGA.
Senior Planner Pat Mann said removing Otte's property "does effect the logical boundary. However the number of residential areas could be easily compensated for." The densities of the Otte and Klein properties will be one unit per five acres. If they were in the UGA it would be four units per one acre.
The commissioners began their public hearing on the comp plan amendments Tuesday, April 16. It was continued to Monday, April 22 on Lopez Island and Tuesday, April 23 on Orcas Island. The public testimony was closed at 3:15 p.m. and deliberations began. The Commissioners voted unanimously on the boundary and then began their discussion on the airport overlay district. That discussion will be resumed at 1:30 p.m. Thursday, May 2, 2002. The location is to be determined.
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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