02/02/2010: "And The GMA Dance Goes On, And On…"

Growth Management Hearings Board rules in favor of the County.

The GMA (Growth Management Act) is not unlike having to go to a mandatory dance. A dance where not only do you have to dance, but you have to dance with people who think you don’t know how to dance; and they can complain about it, and then the argument has to be settled.

While The County practices for the big CAO (Critical Areas Ordnance) dance -that has been delayed for a couple of years now because the steps are so hard to master- the argument over who stepped on who’s toes at last year’s “revisions to the housing and land use elements of the County’s Comprehensive Plan“ dance has been determined. At least for now...

On January 27 the Western Washington Growth Management Hearings Board (Board) ruled against John Campbell, and for San Juan County, that the County took the right steps as it made provisions for existing and projected needs of all economic segments of the community, as required by the state’s Growth Management Act (GMA).

The County issued a press release stating:

“the board rejected a petition filed by John Campbell of Orcas Island which raised questions about the adequacy of the housing element.

In affirming the adequacy of the plan, the Hearings Board cited several newly adopted County policies including commitments to:

• Carry out a study . . . to examine the viability of appropriate public land for affordable housing.
• Actively pursue the County’s role in the provision of affordable housing by further studying the potential benefits and harms of a joint San Juan County and Friday Harbor Housing Authority and to offer support for non-profit and for profit housing providers.
• Study the potential of a permanent, voter approved, funding mechanism for Affordable Housing such as a levy lid lift, Real Estate Excise tax or through some other means such as impact fees, property taxes, recording fees and revenue bonds.
• Review all development regulations for UGAs to ensure the regulations enhance and encourage creation of denser, walking-centered communities.
• Expand the existing tiered density bonus to provide further incentives for creating affordable housing.
• Allow and encourage the rental of accessory dwelling units on a long-term basis to provide opportunity for affordable housing. “

San Juan County Deputy Prosecutor Jon Cain represented the County before the GMB, and is quoted as stating “it keeps the County moving forward toward compliance with the Growth Management Act.”

Cain’s boss, County Prosecutor Randall Gaylord noted, “We have been working steadily for the last 15 years, working through dozens and dozens of land use issues before the Growth Management Board. With this victory, only the adoption of the updated Critical Areas Ordinance and updates to some of our previous work remains to bring us into compliance with the GMA.”

Or so Gaylord hopes. Only Supreme Courts can give the final, final word on compliance, but to research the steps necessary to dance in those courts is very expensive indeed, and so at least at this point compliance has been reached.