Is the Eastsound Sub-area plan obsolete?

The Eastsound Planning Review Committee (EPRC) decided unanimously at their Dec. 3 meeting to send a letter to the County Council and Planning Commission,  stating their responses to the County Planning staff and Commission’s recommendations to the establishment of a Country Corner LAMIRD.

The letter supports the adoption of the Country Corner LAMIRD as recommended by the county Development Department and Planning Commission, with two caveats:

1)   Removing the prohibitions from storage and moving facilities and from eating and drinking establishments in the LAMIRD

2)  Advising the Council and Commission that, “while [the EPRC] appreciates the Prosecuting Attorney’s advice regarding land use law,” planning policy should require that broader issues are considered.

EPRC member Patty Miller said that the Prosecutor’s office has said that the Eastsound sub-area boundaries concept is “obsolete,” reasoning that the 1980 subarea plan was put in place before adoption of the Growth Management Act (GMA) and the GMA should be ruling policy.

Miller said if the subarea plan should be revised, the EPRC should recommend “that should be conscious community based decision, not removed piecemeal to match  the UGA.

“Let’s have that conversation on the docket, and not arbitrarily pick that area which is most logically part of subarea plan,” said Miller.

County Planner Colin Maycock said “I disagree that this is piece-mealing this out. What is the opposition to taking it out of the subarea plan?”

EPRC member Audrey Moreland said, “We’re a citizen committee; the council listens to our recommendations… The Prosecuting Attorney has stepped in and whateever’s been done previously by citizens is disregarded.”

EPRC Chair Gulliver Rankin suggested that motivation for removal of the Country Corer LAMIRD from the subarea plan is “administratively efficient, not looking to undermine our authority.”

After discussion, the consensus of the EPRC was in agreement with Miller’s statement: “If we want to make a conscious decision to modify the subarea, let’s have a community conversation about it.”

The committee agreed to have an additional workshop meeting at 5 p.m. on Monday, Dec. 14 at the Fire Station to discuss the Country Corner LAMIRD and the EPRC’s plans for 2010, in advance of the public hearing scheduled before the County Council on Jan. 4 at the Eastsound Fire Hall.

Budget

Orcas County Council Member Richard Fralick spoke of the current status of the county budget, saying that, “with revenues continuing to fall, times continue to be rough.”

He said that, with the passage of the property tax increase in November’s election, “Discretionary projects are funded and a revenue source [is] attached to them.” The property tax increase starts in 2010 with the April tax statements, and will generate approximately $960,000.

However, “the problems are in sales tax revenues, which were projected to be down about 5% from last year, but which appear to be from 13 to 15% below last year,” Fralick said.

Essential Public Facilities

The EPRC also considered the Essential Public Facilities component of the Critical Areas Ordinance update, which will come before the County Council at their Dec. 8 meeting.

After determining from County Planner Shireene Hale that there is no comprehensive list of Essential Public Facilities for the County, Miller said that “It seems odd that a recycling plant and library are considered Essential Public Facilities, but not basic sewer and water.”

Hale explained that the ordinance update provides for relief from standards if an identified EPF can’t meet those standards. However, new and expanded facilities must meet the standards.

Hale added, “Things get more complicated if you’re in shoreline,  default to state standards, if destroyed more than 75% must meet current standards. Had hoped to change, but will probably be 2012 before that is changed.

Orcas property owner Martha Farish said that the law creates “an impossible situation for Eastsound,” and gave as an example the Outlook Inn, which is regulated by shoreline provisions to the south and wetlands protections to the north.

“We all need to be aware of this,” said Farish.“Is the county allowed to pass a regulation that makes it impossible to rebuild” a property found to be non-conforming?

Miller said Farish’s questions bring up “a very valid concern… Our UGA does border the shoreline; are we missing anything that should be designated as EPF? Is there anything in Eastsound that isn’t included in this list that should be?”

Hale said that privately-owned facilities can also be considered Essential Public Facilities, and should be on the list, as well as public  facilities.

The EPRC asked Hale to communicate their concerns that the process needs to be clarified as to when a facility is included as an EPF and when one needs to apply to be identified as a EPF.

Rankin said that would like the changes to be indicated in the ordinance and in the Uniform Development Code (UDC)

Also on the horizon:

John Campbell’s Afford Housing petition is scheduled to go before Hearings Examiner for the Western Washington Growth Management Hearings Board on Dec. 16 at 10 a.m. in the Eastsound Fire Hall. Campbell said, “The issues are the questions that the Board has agreed to hear argued and must be framed for a ‘yes’ or ‘no’ answer. It is all very legal; did the county do what the law required or not?

“What, given the record, is adequate provision for affordable housing and did the County meet that standard?”