01/04/2010: "Major Public Hearing Tuesday On Essential Public Facilities"

(SJC attorney Jon Cain & planner Shireene Hale at Dec. CC hearing)

What is an Essential Public Facility (EPF), and where are they allowed to be situated?

The County Council will continue receiving input Tuesday (01-05-10) on proposed changes to the Uniform Development Code (UDC) that have the potential to be one of the most controversial changes since the guest house issues.

Only this time the public has not been paying much attention -only five people testified at the December hearing, even though the ordinance may allow unwanted development in areas now off limits to an EPF, which could be a commercial or industrial type development and use.

After the first public hearing in December on the June 3 Draft CAO for the uplands, planning staff submitted a Staff Report by Shireene hale, SJC Planning Coordinator, with analysis and recommendations reflecting concerns expressed by the public to make changes, add categories and clarify definitions of EPFs

Patty Miller of Orcas submitted a Letter on moving forward with improved cell phone reception, and the staff report comments on this issue and others.

Dr. Claudia Mills told the council “this ordinance represents a low point in comprehensive planning in San Juan County.” Mills pointed out an absence of siting requirements that must be met. There is a requirement for a public hearing, she said, but the conditions for approval are not fully defined, as a result the approval can be based on subjective interpretations of such words as “reasonable.” Mills said there “are no absolutes in the siting requirement …you can just pay your money and site something wherever you feel like it.”

At the December meeting, Councilman Bob Myhr expressed his concern that the Council not be planned out of the final decision making when it comes to what is an appropriate use in a given location.

At issue -as noted in the staff report- is who makes the “somewhat subjective policy decision” of what goes where, and when. It is the job of the Council to set policy, and Councilman Myhr made it clear that for him the key word when it comes to who makes the decision is “policy.”

As drafted, the EPF ordinance sidesteps the normal process of making land decisions as spelled out in the UDC, by setting up an exception for EPF applications. This allows, for example, Public Works - to submit for approval under the EPF rules any of the itemized categories or uses defined in the ordinance, while all other uses or developments are bound by the normal steps in the existing UDC.

The fundamental issue for the County is having the legal right to place a use or development not compatible (e.g. a re-cycle drop-off area) within a land use designation that now does not allow it, while for the private property owner the issue is a loss of assurance of what can happen, or not happen, in a neighborhood.

Once the ordinance becomes law, it will no longer be possible to look at a land use map and know what can happen next door.

The public hearing begins at 10:45 a.m. on Tuesday in the County Council Administrative meeting room