News Release

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).

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.

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.

• 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.

• 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.

• 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.

For the complete text of the Growth Board's decision, please check their website at www.gmaboards.wa.gov/western/western_decisions/western_decisions.html. Look for case numbers 02-2-0008, 00-2-0062c and 99-2-0010c. If you would like additional information about this news release, or a copy of the Growth Board Order, contact Randall K. Gaylord or Alan A. Marriner at the number below.

Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101

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