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County-wide building moratorium a possibility
posted 05/12/2008
Two citizens filed a petition calling for consequences for missed deadlines exactly seven years after the Western Washington Growth Management Hearings Board first gave the county a 180-day extension to finish work on the Eastsound Urban Growth Area. This time, the board's patience may be running out and a building moratorium could be imposed in Eastsound or on the whole county.
The San Juan County Council will discuss the matter during its staff meeting Monday. The hearings board can decide to schedule the hearing on the petition filed by Dorothy Austin of Anacortes and Steve Ludwig of Lopez Island at any time. The board would have up to 90 days to rule, but could rule as early as the same day as the hearing.
At issue is the sewer service for the UGA. The county was told on May 7, 2001 by the board: The proper sizing 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 had 180 days to establish the UGA boundaries after a complete capital urban facilities and services analysis was done. The hearings board warned of possible 'sticker shock'. At a meeting, the next day, San Juan County Commissioner John Evans said, "This implies the county is responsible for those services. I am very interested in avoiding being responsible for those services."
Fast forward to December 17, 2007. Deputy Prosecutor Jon Cain asks the hearings board for another in the series of 180 day extensions granted to the county. It's granted but with a list of deadlines that must be met by mid-April. Among the items to be shown as completed are an agreement between the Eastsound Sewer District and the county, and a source of funding for stormwater. Ed Sutton of the Sewer District promises the county planning department a plan will be turned in by March 31, 2008.
The April 15 progress report submitted to the hearings board states the sewer district sent the plan back to an engineer for revisions. The stormwater drainage plan will be funded through a county interfund loan details to still be worked out. The hearings board was told the land capacity analysis was completed and reviewed by the county Planning Commission and would be reviewed by the council on May 6. It was withdrawn from the agenda and has not yet been rescheduled.
When the hearings board gave the county the extension to June 4, 2008, it was with a warning from Board Member Margery Hite of the possibility of an order of invalidity if the deadlines weren't met. This would mean no building permits could be issued. The board has the authority to issue the order for the entire county or limit it to Eastsound. Hite stepped down from the hearings board on March 3.
Citizens File Petition to Place County in GMA Invalidity
County-wide building moratorium could be imposed
posted 05/09/2008
PRESS RELEASE: On May 7, 2008 citizens filed a petition with the Western Washington Growth Management
Hearings Board seeking to have a finding of invalidity against San Juan County for noncompliance
with the Growth Management Act concerning sewer service in Eastsound on Orcas Island. The
named petitioner is Stephen F. Ludwig, an Orcas resident, and the petition filing is signed by
Dorothy Austin.
A finding of invalidity would mean the county would be prohibited from issuing building
permits, at a minimum within the Eastsound Urban Growth Area.
The petition alleges that the county has allowed urban development in Eastsound without
completing a plan to ensure protection of public health and specifically failing to successfully
negotiate an agreement with Eastsound Sewer and Water District to guarantee sewer service in the
Eastsound UGA.
"The County recognizes the importance of adequate sewer service in the Eastsound UGA
and has worked earnestly to achieve this and comply with the Western Washington Growth
Management Hearings Board orders," said Ron Henrickson, Director of Community Development
& Planning for San Juan County. "This has been a difficult process, because – as the petitioners
noted – sewer service is provided by an independent public utility."
In negotiations with the County last year, ESWD committed to provide a sewer plan by
March 30, 2008. As of the date of the petition the County had not received the plan, but the Utility
has assured San Juan County that the document will be delivered within the next few days.
Howie Rosenfeld, Chair of the San Juan County Council said, "An order of invalidity would
have far-reaching economic and personal impacts on Eastsound and the County as a whole. The
County is committed to doing everything within our purview to address the concerns of the
Hearings Board and the sentiments expressed by the petitioners."
Henrickson said that the County will file a response to the petition within several days of
receiving the promised document from the ESWD. "If the plan is satisfactory, we would anticipate
that the Hearings Board will allow us enough additional time to incorporate the sewer plan into
County's Comprehensive Plan, which should bring us into compliance relative to this item," he said.
Rosenfeld added, "GMA compliance should be of concern to all citizens and the Council
considers it one of the county's top priorities."
A copy of the petition is available on the COUNTY WEB SITE.
Growth Board sets deadline for Eastsound Sewer Plan;
building moratorium could result if deadline not met
posted 01/11/2008
The Western Growth Management Hearings Board, which administers the state’s Growth Management Act in this region, has granted San Juan County and the Eastsound Sewer District a 180 day extension to meet the state’s requirements, but warned that if it does not see progress by mid-April, its patience may run out.
San Juan County Prosecutor Randy Gaylord, whose office negotiated the deadline extension on behalf of the County, came away from the discussions saying that he believed, the Growth Board has granted its last extension of time to reach compliance for Eastsound. "The Growth Board is poised to halt development permits in Eastsound if we don’t show progress in the next three months," Gaylord warned.
In a strongly worded addendum to the Growth Board’s grant of the extension, Board Member Margery Hite said, "In my judgment, if the [April] progress report does not show that the targets are being met . . . the board should entertain a motion for a determination of invalidity." That could mean that no building permits could be issued for projects in Eastsound until the County and the Sewer District meet the Board’s requirements.
The County and the Eastsound Water and Sewer District have been in negotiations seeking ways to meet the state requirements for a plan to provide "urban level sewer service" to the Eastsound Urban Growth Area while not extending urban services into rural areas.
"I understand the Board’s impatience," said County Community Development and Planning Director Ron Henrickson, "But I think we are finally moving toward a resolution to the problem."
While the Sewer Board has declined to enter into an agreement with the county, it has agreed to prepare the necessary financial and service plan reports which, Henrickson believes will satisfy the Growth Board.
San Juan County must present an interim progress report to the Growth Board on April 15. The Eastsound Sewer District has promised to complete work on its capital facilities planning reports by the end of March. Full compliance must occur by June 4, and a hearing to review the compliance is set for August 11.
County asks hearings board for another
180-day extension for Eastsound UGA compliance
posted 12/19/2007
San Juan County Deputy Civil Prosecutor Jon Cain has asked the Western Washington Growth Management Hearings Board for an 180 day extension to give the county time to complete the steps necessary to meet compliance with the Growth Management Act for the Eastsound Urban Growth Area. The previous deadline expired Dec. 17, 2007. The hearings board is expected to respond within 30 days.
In order to comply, the county must:
- have a source of funding to deal with stormwater;
- a six-year plan for water and sewer utilities;
- account for the areas of non-urban density which are included in the UGA
- show the work done showing availabiility of institutional and commercial land
The Eastsound Sewer and Water District serves the UGA. District Commissioner Ed Sutton said the plan would be completed by March 31 and a copy given to the county.
County Senior Planner Colin Maycock said the county's report would adopt the district's six-year and 20-year plans by reference. The reports on non-urban density and commercial and institutional land are being finalized. The one remaining item is the source of funding for stormwater.
Community Development and Planning Department Director Ron Henrickson said Tuesday, Dec. 18 the timing might work out if the county Council's plans to adopt a stormwater fee ordinance go through as planned. Councilmember Rich Peterson is chair of the stormwater subcommittee said he plans to adopt an ordinance in the first half of 2008.
Story from 2001
Densities OK but work still to be done on UGAs
posted 05/08/2001
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. 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 sizing 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."
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.
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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