04/24/2006: "A 2nd Look At Lopez Village by Growth Board"

Responding to an appeal by former County Commissioner candidate Steven Ludwig, and Fred Ellis, both of Lopez, the GB (Western Washington Growth Board) has ruled that of the ten issues raised in the appeal of the San Juan County's approval of the boundaries of Lopez Village, four of them have merit, and will have to be addressed by the County.

The issues to be addressed are water protection and capital facilities planning, and once the County responds to the demands of the GB, the plan will be allowed to proceed

Both sides of the issue have produced a press release on the action by the GB, and they may be read below. The first press release is by the Green Party, and the second is by County Prosecutor Randy Gaylord.

Green Party press release

GREEN PARTY MEMBERS HALT COUNTY URBANIZATION EFFORTS

In a case brought by local Green Party members, the Western Washington Growth Management Hearings Board handed down a decision April 19 requiring SJC to safeguard the aquifers in and around Lopez Village from seawater intrusion before it can allow urban-levels of development to occur in the 206 acre Urban Growth Area (UGA).

The Board declared the County non-compliant with the State Growth Management Act (GMA) for its failure to put in place "an adaptive management program that includes benchmarks, indicators of when more protective measures are necessary and an assurance for taking action when indicators show action is needed."

The Board also held that the County is "clearly erroneous" by not having any agreements with sewer and water systems to provide service throughout the UGA.

The County will also be required to redo its environmental Declaration of Non-Significance for the UGA to support its claim that no significant environmental damage will result from the UGA.

The GPoSJC members undertook the appeal under the GMA to slow County Governments' headlong rush toward urbanization and its other policies which push land and housing prices beyond the reach of working people.

The area in and around Lopez Village contains a high percentage of low-income and working residents who would be disproportionately affected by contamination of the aquifer by seawater and the higher costs of living in a UGA.

Unless the County requests an extension of time, it will be required to show compliance by Oct 16. A compliance hearing will be held Dec 12.

Randall K. Gaylord Press Release

GROWTH BOARD WANTS CHANGES BEFORE APPROVING LOPEZ VILLAGE BOUNDARIES

In a disappointing setback for planning on Lopez Island, the Growth Board has requested more work before it will approve the boundaries of the Lopez Village urban growth area.

"It's become a familiar pattern with Growth Board decisions. For every two steps we move forward, we are pushed back one step with new issues," said Randall K. Gaylord, San Juan County Prosecuting Attorney. "Unlike previous decisions, this ruling provides specific steps for the county to obtain compliance. That is very helpful." added Gaylord.

Lopezians Steven Ludwig and Fred Ellis had challenged the County's action in designating Lopez Village as an urban growth area. Ludwig and Ellis raised ten issues to the Growth Board, most of which dealt with the protection of water resources and adequacy of capital facilities to provide water for the village.

Of the ten issues raised, six were dismissed by the Growth Board. Specifically, the Growth Board said that the designation of the Lopez Village UGA is consistent with most comprehensive plan policies, and that it did not have jurisdiction to review the water report for Lopez village. The Growth Board also ruled that the County properly included a parcel that had agricultural tax status in the Lopez Village. Finally, the Growth Board said that the County properly designated and limited the development of area near Lopez Village as a growth reserve area and marine center.

The decision also supports the County's use of private water and sewer purveyors to satisfy the County's duty to provide adequate facilities for water and sewer. But, the Growth Board ruled the County was deficient because it did not include the capital facility planning of the private purveyors as its own.

The Growth Board remarked that "the County has done an admirable job of working with the local water provider" to develop capacity to serve the new Lopez Village area. The deficiency, said the Growth Board was the fact that County needs a written agreement with the purveyors to serve the area.

"Stated another way, if the County is going to rely upon the work and service of the Fisherman Bay Water District and Fisherman Bay Sewer District, there needs to be a formal partnership with them, with cross references to their plans and agreements in place ahead of time," said Gaylord. "This should be relatively easy to accomplish," added Gaylord.

Another relatively easy fix is the Growth Board requirement that the County adopt a program to protect against salt water intrusion. "San Juan County has taken sound, deliberate steps to addressing its sea water intrusion threat and has committed to do more," wrote the Growth Board. And the Growth Board did not find that the designation of the 2005 Lopez UGA was inconsistent with the County comprehensive plan policies that protect ground water.

The Growth Board did find that the County must have an adaptive management program in place before it will approve the boundaries of Lopez Village. An adaptive management program monitors water wells and includes a commitment to take action to adopt more protective measures if the information requires it. The Growth Board saw that the County's water report had already recommended such a program, but it had not yet been implemented.

"We will need to tool up an adaptive management program and be very specific about the benchmarks for action and specific steps that will be taken if those benchmarks are not met in water quality tests," said Gaylord. "Fortunately, Jefferson County, has already dealt with this issue so we should be able to adopt a program that meets approval relatively quickly," added Gaylord.

Until the County completes the work on the water protection and capital facilities planning, the Lopez Village designation is on hold. "Our ordinance is not effective until a Growth Board order of approval is received," explained Gaylord

The Growth Board gave the County 180 days to adopt a new ordinance and conduct the environmental review that is necessary to bring its ordinances into compliance. Gaylord said that he would be discussing these deadlines and the public participation plan for the work with County Administrator David Goldsmith and Community Development and Planning Director Ron Henrickson. Gaylord remarked that he understands that obtaining compliance with existing Growth Board orders is the highest priority of the long range planning.