County will ask for another extension
posted 09/28/04
San Juan County Commissioners were informed yesterday, (Sept. 27, 2004) a November deadline to complete work on the Eastsound and Lopez Urban Growth Areas (UGA) cannot be met. Interim Permit and Community Development Director Francine Shaw said staff turnover was the reason for the delay. The commissioners reorganized the planning department and the director and both planners left the in the past year.
San Juan County Prosecutor Randy Gaylord will file a request for an extension to the Western Washington Growth Management Hearings Board. The board granted the current 180 day extension after reviewing the work plan submitted by the county in February 2004.
PREVIOUS STORIES
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.
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