01/25/2010: "CC Takes Up Sutton Rd Question Again"

The County Council will review the Planning Commission recommendations Tuesday (11:00 a.m.) on a redesignation of 6.07 acres adjacent to the current Sutton Road Transfer station on San Juan Island that, if accepted, would not allow the expansion of the transfer station.

Before the Council can vote on the matter, they are required to hold a public hearing, after which they can decide a course of action. The meeting on Tuesday is for discussion purposes only.

The County already owns the property, and had already attempted to use it for the expansion of the SJI transfer station, but Public Works had failed to note the land use designation of Agricultural Resource prohibited it's use for an industrial use; even by the County.

The designation problem had been noted by a nearby land owner, but the County failed to hear and acknowledge her complaint. After the matter was brought before a judge, who ruled the County is required to follow land use laws just like everyone else, the County abandoned the project. The County has now returned.

After considering their options, the County decided the best approach was to change the agricultural designation to rural industrial.

The procedure required public hearings and a findings by the County Council that either the property is not mapped consistent with the criteria in the CP (Comprehensive Plan) to have the current land use designation of agricultural, or it can redesignate the land by finding it meets the nine criteria required to change the redesignation due to need.

Land use changes are required to go before the PC (Planning Commission) for commission and public review and comment, after which the PC may or may not make a recommendation to the County Council.

The PC did not agree that a mapping error had occurred, and that the property did not meet the nine criteria to allow a change of use.

A number of the commissioners who live on San Juan Island pointed out the land was not in point of fact suitable for farming, in that it was not flat, was rocky, and is bordered on three sides by roads and is down grade of both a capped land fill dump and the current transfer station.

The PC forwarded a recommendation to the County Council with a unanimous recommendation the Council deny the Public Works application for a change in the land use designation.

A 55 page Staff Report gives the County Council two options:

A: The County Council may make a finding that the current Agricultural Resource designation constitutes an error on the official map, and, (following Comprehensive Plan Section 0, Administration, Part 3.2.8.d which states that "Changes in land use designation shall be approved if such change is necessary to correct errors on the Official Maps"), forgo a formal evaluation of the 9 criteria.

B. The Council may make a finding of concurrence with the Planning Commission's October 16th 2009 recommendation, and deny the application to redesignate the parcel from Agricultural Resource to Rural Industrial.

It the Council should decide to go with option A, it is recommended by staff that the "Council should make a further finding that the 6.07 acre subject parcel is best suited to a Rural Industrial land use designation."