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Conditions set for rezoning approvalposted 1/4/2006
The restrictive covenants include:
The continued public hearing on the land use reclassification takes place at 5:35 p.m. Thursday, Jan. 5, 2006. Neighbors surprised by split-zoning repercussions
The four parcels in question are outlined in red. The diagonal lines show the original parcel boundaries. The dotted areas are zoned light industrial in the land use map. The green and pink overlays show how the owner plans to change the four pie-shaped parcels to two rectangles. The yellow areas and the solid area under the overlays are zoned residential. posted 12/20/05
The council followed a recommendation from the town planning commission which called for the split-zoning. The recommendation was contrary to advice given to the Town Council and the planning commission by Town Land Use Administrator Mike Bertrand. He said split-zoning "didn't make sense" and involved "poor planning," The council voted 3-2 to follow the Planning Commission's recommendation on August 4, 2005. Changes to the map are the first of a two-part process to change land use classification. An application to change a specific parcel’s application is done as a separate procedure after the map is changed. Magnum Inc. has submitted such a request. The request does not follow the wishes of the neighboring property owners who assumed, according to attorney Bill Weissinger who represented one neighbor, that the owner would have the boundaries of the lots changed to match the split zoning. Instead the owner plans to have a boundary line modification done splitting the property into two parcels - one on the north half and one on the south. The western portion of each parcel will be light industrial, the eastern portion of each parcel will be single family residential. The boundary line adjustment is not part of the request under consideration. When the applicant applies to build commerical buildings on the western portion of the lots, there will not be a requirement for a 70-foot setback from the residential property, since it is part of the same parcel. If the property hadn’t been split-zoned, but had been entirely light industrial, it would be subject to the rules and regulations for light industrial property abutting residential. O’Day said her client would voluntarily agree to erect a fence at the edge of the residential property. The public hearing was continued until Jan. 5, 2005. O’Day will work with Bertrand on details about the fencing. Town council split zones Greenway's parcelsposted 06/01/05
The decision makes part of each pie-shaped parcel single-family residence and the other part industrial. Councilmember Wally Gillette and Carrie Brooks voted against the motion. Both agreed with Bertrand that split zoning is poor planning. Neighbors on Hemlock Court strongly objected to Greenway's request to reclassify the property. It was single-family residence. They did not want industrial businesses next to their homes. At the August 4 council meeting, Gillette pointed out the town has regulations which would protect the neighbors. Buffers and noise mitigation are just some of the requirements before a building permit is issued for industrial property that abuts single family residence. When the Planning Commission voted to recommend the split zoning, the line used to separate the two land use classifications was the boundary of the proposed airport overlay district. The Planning Commission voted to drop the idea of an overlay district after they made the split zone recommendation. Bertrand mentioned to them, the earlier decision did not make sense once the overlay district was dropped. The Planning Commission decided to let the Town Council figure it out. Councilmember David Jones made the motion to adopt the planning commission's recommendation. Councilmember Howie Rosenfeld seconded the motion. Councilmember Debbie Emery was the final vote. She didn't like the concept of split zoning, but "heard the voices of the neighbors" and voted to adopt the recommendation. The decision does not mean Greenway's properties are actually rezoned now. The change adopted Thursday just affects the Land Use map. The applicant must now request the changes be applied to his specific property if he wants to take advantage of the changes. Split zoning recommendedposted 06/01/05
The planning commission considered changing the zoning during a May 26 joint public hearing of the commission and the town council. The lots are zoned single-family residential. The proximity to the airport makes residential zoning inappropriate. Town staff had recommended the four lots be zoned industrial on the town planning map. Once that was done, Robert Greenway of Magnum Investments could ask for another hearing to have the lots rezoned either light industrial or light manufacturing. Bertrand told the planning commissioners, concerns of residents on Hemlock Court could be mitigated by requiring buffer zones on the Magnum lots. Instead of following the staff's recommendation, the commissioners voted to follow attorney Bill Weissinger's suggestion of splitting the zoning. The zoning lines would make more sense if the lots were replatted and the lot lines coincided with the zoning lines. Town Attorney Don Eaton told the commissioners redrawing property lines was not something the planning commission could do. The property owner would have to ask for such changes. The zoning of the four plots has been a topic of discussion in the Hemlock Court neighborhood and at Town Hall for years. The surrounding lots on Mullis Avenue have all been developed as commercial/light industrial property. Residents of Hemlock Court have said they do not want to see industrial buildings next to their homes. Public hearing May 26, 2005posted 05/26/05
Town sued over zoning decisionposted 09/20/04 The suit asks for a declaration by the court that residential zonine is an incompatible use for the property which is near the Friday Harbor airport. The petitioner also asks that the Town Council be directed to remove the residential classification and to hold a public hearing this year on the land use classification. O'Day cites several alleged errors including:
A Land Use Petition Hearing will be held at 9:30 a.m. Monday, Sept. 27, 2004 in San Juan County Superior Court. Town comp plan changed; lawsuit plannedposted 08/09/04
Councilmember Debbie Emery voted against the text change that makes it possible to change the land use classification from single-family resident to non-residential zoning. Emery agreed with the recommendation of the town's planning commission which wanted to study the potential impacts of the change before it was adopted. Councilmember Howie Rosenfeld suggested the council adopt the text change this year and put it on the planning commission's agenda for review in 2005. At that time the council could decide to change the text back. Robert Greenway has been trying to get his residential property on Mullis Avenue changed to light industrial for several years. In 2003, his request was turned down because the Comprehensive Plan did not allow the change. The regulations did allow single-family residential to change to multi-family residential. Multi-family residential can be changed to professional services; professional services to commercial, and commercial to light industrial. Only one step per year is allowed. Because Greenway did not know the town planned to change the regulations, he did not ask for light industrial in 2004. Instead he requested a change to multi-family as the first step in the process to light industrial. Because the parcel falls in the airport overlay district, a change to multi-family is not recommended. Incompatible uses are not allowed near airports. Land Use Administrator Mike Bertrand, in his staff report, recommended the parcel be changed to light industrial, if the new language was adopted. The report was available to the public and the recommendation was discussed at the joint public hearing attended by the planning commission and the town council. Councilmember Carrie Brooks and Wally Gillette agreed light industrial was the proper classification for the property during a discussion at the July 19, 2004 council meeting. Mayor Gary Boothman repeatedly pushed the council to refuse the request. He said the applicant could come back next year. At the August 5, 2004 council meeting, Town Attorney Don Eaton asked the council about the July 19, 2004 vote. Eaton had not been at the meeting. "The record is not clear. It is clear you didn’t want to change it from single-family to multi-family," he said. "But it is not clear if you want it to go from single-family to light-industrial." Eaton told the council they could vote on it, but he thought it might be best to hold another hearing first. Bertrand said, "You are out of time this year." Changes to the comprehensive plan can only be done once a year and there are deadlines. Councilmember Howie Rosenfeld said, "Even if we were inclined to agree with staff on Magnum (Greenway's company) situation, because we didn’t give proper notice, we would be derelict because neighbors weren’t given chance to comment." At the July meeting, Bertrand told the council the light industrial classification had been discussed at the planning commission and the town council's joint public hearing in April. Neighbors of the property had spoken out against the change. After a discussion, the council told Eaton with their earlier vote, they had meant to deny reclassifying Greenway's parcel as either light industrial or multi-family. The council then approved a request by the owners of Hillside House B&B to reclassify the property as commercial. The change was the result of talks between owner Greg Zervas and the town regarding the number of rooms allowed in the B&B. The number exceeded the allowable amount under multi-family. Zervas agreed to put in the curb, gutter and sidewalk required in commercial areas. The reclassification is contingent upon the completion of that work. Asked after the meeting if Greenway planned to take the town to court, Attorney Stephanie O'Day said yes. Timing a factor in land reclassification decisionsBy Sharon Kivisto posted 07/13/04
Land reclassifications are done once a year. The deadline to submit a request is Dec. 31 for the upcoming year. Bob Greenway has been trying for several years to have his parcel on Mullis Avenue changed from single family residential. In 2002 he asked for a change to either multi-family or light industrial. He was told light industrial was not an option. In 2003 he submitted a request to change the classification to multi-family. When the request was reviewed in the spring of 2004, town staff said the property, which is located in the airport overlay district, should not be classified as residential. Land Use Administrator Mike Bertrand recommended the land be reclassified as light industrial. The recommendation was conditioned upon the council approving the text change which would allow such a change. The town planning commission and the council held a joint public hearing on land use reclassification requests April 8, 2004. The staff report, available to the public prior to the hearing, contained the staff's recommendation in favor of the light industrial classification for Greenway's property. Bertrand said there was discussion at the public hearing both pro and con about reclassifying Greenway's property light industrial. The council discussed the land use changes at the July 1, 2004 council meeting. Boothman suggested they take the issues out of order and decide on the text changes first. The planning commission had recommended against the text change. The council voted 4 to 1 to approve the expansion of the options for changing residential. Councilmember Debbie Emery voted against the measure. After approving the new language, the council voted 4 to 1 to approve reclassifying a town-owned multi-family parcel to utility zone. SInce Greenway did not have inside knowledge a text change was a possibility, he had not submitted a request for light industrial. Councilmembers discussed whether it was appropriate to approve the change. Councilmember Howie Rosenfeld wondered if a precedent would be set. Councilmember Carrie Brooks said, "We have to follow correct procedure." Boothman said, "I don’t think it is appropriate for staff to make recommendation for changes not asked for by applicant." Bertrand said, "This isn't being pulled out of thin air. It was in the staff report which was available before the public hearing. I analyzed it by what should be done. I felt it would be appropriate." He noted the change was dependent on whether the council approved the text change. Brooks said she didn't oppose the light industrial classification but was concerned about procedure. She had not attended the public hearing because she was in the hospital for surgery. Councilmember Wally Gillette said, "I heard enough at the hearing to convince me it could go into light industrial." The discussion continued with Brooks making and withdrawing a motion, Gillette asking for a continuance to the next council meeting and Boothman saying the council had spoken. Boothman repeatedly tried to get the council to focus solely on the multi-family request. The Port of Friday Harbor was against multi-family, he said. Bertrand reminded the council the port commissioners favored non-residential classification of the property. Boothman threw his hands up in the air and said, "Why don't we just open it up. Don't you think we ought to follow the process here. it is not supposed to be a real fast process. It is supposed to be deliberate and slow. Now that we have different rules, he (Greenway) can come back next year." Greenway and his attorney Stephanie O'Day tried to speak during the meeting. Boothman said the council had already listened to testimony from the public at the April hearing and it was not appropriate to hear anymore. O'Day protested that some of the information Boothman was telling the council was not correct. In an interview after the meeting, Greenway questioned Boothman's behavior. He pointed out that the mayor's role is to preside over the meetings, not determine legislative policy. The council will officially adopt the new land use classifications at its August 4, 2004 meeting. PREVIOUS STORIESCouncil approves rezoneposted 06/10/03
Changes in land use classification are allowed during the annual update to the Comprehensive Plan. Applicants must have their request in by December of the previous year. The only exception was created in March 2003 and allows rezones between light industrial and light manufacturing to take place outside the update cycle. At their June 5, 2003 meeting, the Town Council considered two such proposals. One by Bill Percich for the Guard Street property and the other by the Town of Friday Harbor for its 1.77 acre lot at 689 Harbor Street. The town purchased the lot last year and has been using it as a staging area for the waste water plant construction project. In order to approve the site specific rezones, the council had to agree the circumstances of the area had changed and that the rezones would be best for the public welfare and good. Lee McEnery spoke on behalf of her mother and the Freeaufs who own property on Guard Street. "We oppose the rezone proposal," she said. She believed the area hadn't changed very much. "The rezone will cause more changes than have already occurred, she said." Councilmembers Howie Rosenfeld and Wally Gillette opposed the proposal. Rosenfeld said, "I'm concerned about the degradation of neighborhoods." Gillette was concerned about impacts of lighting, dust and noise on the neighborhood. "We've already pushed the limits of the zoning as it is," he said. Councilmembers David Jones, Bill LaPorte and Carrie Brooks voted for the proposal. Jones said, "We've put $7 million in the dirt (referring to upgrades to waste-water treatment plant). That constitutes a significant change in the neighborhood," Brooks thought wording in the purpose of the light industrial zone supplied additional protection to the environment and the neighborhood. "Light industrial puts in more protections," she said. Town Attorney Don Eaton told her the wording she was referring to was non-regulatory. LaPorte said the council could require additional mitigation for development in light industrial areas that abut residential areas by changing the land use regulations in the next comprehensive update cycle. Jones noted a steel fabrication plant could be placed on the property under the light manufacturing zoning "and the council wouldn't have any leverage." He liked property owner Bill Percich's plans for outdoor storage which is not allowed under light manufacturing. Percich told the council he plans to divide the property into four lots. He would build a commercial building with a residence on top on one lot and use one lot for a business requiring outdoor storage. He plans to sell the other two lots. The council decided to wait on the rezoning request for the town's property since there were no plans for development at this time. They voted 3-2 to approve Percich's request.
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