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 sizin 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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