Solar Lights For Courthouse Parking Lot?

Facing demands from Labor & Industries to provide adequate lighting for the court house parking lot, and finding the costs to install have gone from 60K to perhaps over 100k, Councilman Rich Peterson did a little investigating to see if there was some way to shed some new light on the problem, and found something on solar lighting for parking lots that looked promising

Rock was one of the reasons the bid to install standard lighting had come in so high. Peterson asked Public Works Director Jon Shannon if Public Works had looked into the use of solar lighting as a way to reduce costs of the blasting and digging through rock in the parking lot; work that was needed to supply electrical power for lighting.


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CC & Auditor At Odds On Emergency Funding For Affordable Housing

Construction of affordable housing on a portion of the Buck property on San Juan Island got a boost last Tuesday from the County Council, when they agreed to an Emergency Appropriation of $25,000.00 to hire a consultant to...Do what, exactly? According to Milene Henley, who may be following former Auditor Si Steven's lead in trying to get the Council to live within the budget, said that while she supports affordable housing programs, the request for an emergency appropriation was not justified for a number of reasons.

Henley told the Council the request for money to take planning action on the Buck property has not been a stated County priority, and also has not been identified as a priority by the Community Development and Planning Department (CD&PC). Henley said that based on a conversation with Friday Harbor Town Administrator King Fitch, the Town has not decided if the Town needs to expand the town (Urban Growth Area) boundaries at all, and if they do decide to do so, they have yet to decide where that would occur.


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Bad Roads + Bicycles= Bad Policy

Councilman Gene Knapp wants to know: "Why spend money to attract bicyclists". With a little spare time on their hands in-between public hearings on Tuesday, the County Council returned to the subject of electric cars, and the 35 mph speed limit necessary to allow them full access to county roads; and before the subject had progressed very far, Councilman Gene Knapp told the council that "our roads are not safe for bicyclists, and I have a concern about County liability due to encouraging of bicycle riders to come here".

Councilman Myhr said 700 bicyclists will come to Lopez in April for an annual tour, and that on Lopez "we encourage them to come". Knapp -who also worked as an attorney in a Seattle law firm, and was counsel in many insurance related cases- asked "why advertise, when we know the roads are dangerous for bicyclists?".

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Appeal Filed On Guest House GMB Decision

If the County Council thought the last decision by the GMB (Western Washington Growth Management Board) was the last word on the Guest House issue in San Juan County, they were wrong. SJ Island property owner Donna Gavora of San Juan Island has filed an appeal in Superior Court, asking the Court to review specific parts of the GMB decision that found SJC to be in compliance with the Growth Management Act.

The appeal states "The San Juan County Ordinance violates the requirement of GMA to protect the rural character by forcing development outside of the natural limitations of a parcel". Gavora explained that "Where I fault, and challenge this Ordinance, is with the conditions attached to it". The appeal that Gavora filed in SJC Superior Court maintains that "By requiring a landowner to share a driveway, share septic, share water and be located within 100 feet of a main house, the county and the state may be condemning a parcel of land which is not conducive to these requirements. The former ADU ordinance, which was adopted pre-GMA, was written to give the Administrator discretion in applying the standards.

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Burn Ban Imposed In SJC Urban Areas

San Juan County Fire Marshal Robert Low has announced that "Pursuant to their mandate under the /clean Air Act, the Washington State Department of Ecology now prohibits all burning of natural vegetation in Urban Growth areas. These areas of more dense development include Eastsound and Lopez Village, Outdoor burning is also prohibited within the town of Friday Harbor."


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Feasibility Discussion Of Food Co-Op Continues

Another meeting regarding the possibility of forming a Farmer's Co-op on San Juan Island took place on Wednesday March 14th at the Friday Harbor High School Commons, and was well attended by 17 people; including farmers, interested citizens, and the Agriculture Resource Center were represented as well as several San Juan Island Grange members. A healthy and animated discussion about suppliers, products, and ideas about marketing took place, all for the purpose of exploring the feasibility of a Farmer's Co-op on San Juan Island.

Concerns were expressed regarding percentage of mark-up, island produced and/or regionally produced farm products versus importation of outside produce, farmer apprenticeship programs, CSA's or buyers clubs. Problems surrounding the acquisition of workers during the planting, growing, and harvesting seasons were also discussed.


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Home Owners Want "Storm Water Tax" Refund

Gordon & Lori Petersen of San Juan island have appealed a "Storm Water Tax" that showed up on their 2007 tax statement. In a letter to Jon Shannon, Director Public Works, the Petersen's questioned the validly of the charge, pointing out "that this arbitrary charge is a tax not a service charge or user fee and therefore cannot be assessed by the Storm Water Utility or by Public Works."

Mr. Petersen (who writes a column for The Island Guardian) was an elected Freeholder who helped draft the new Charter that changed county government, and one of the provisions in the Charter is now in play as citizens battle for relief from the new "fee" or "tax" that is being collected to fund the recently adopted Stormwater Ordinance (related story). As for the legal basis for the Petersen appeal, they cite sections of the ordinance which they contend require a service charge bill to be calculated in accordance with the terms of the ordinance; this they say, is not being done by the County.


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Matt Zybas Will Return To Snohomish County

After having served in SJC Public Works, then as an Interim Director of CD& PD (Community Development and Planning Department), then returned back to Public Works , Matt Zybas will now be returning to Snohomish County.


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Movement Towards Vocational Technical Training

By: Ann Thomas Templeton

Support at the local, regional, and state levels in providing students access to hands-on learning is growing. Students are encouraged to enroll in vocational technical training offered this fall at Friday Harbor High School. Computer Aided Design and a Woodworking class will be taught in the technical building located on school property. Years ago these courses, including metal working, small engine, and computer repair were taught in the technical building, but were discontinued.

Patricia Scott, Friday Harbor High School Principal, emphasized that a certain number of students must sign up for the classes in order to provide vocational technical training for the entire school year. A paid position will be offered dependent on enrollment status.

According to Larry Wight, Director of Career and Technical Education, over ninety percent of required coursework is determined for high school graduation. Growing demands for academic achievement and higher WASL scores leaves little room for exploring occupational fields. "We need to create choices for our students, and expand classes in career and technical education."

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SJC's First Referendum Is Charging Forward

The SJC Charter allows a citizen to file a referendum, and after the first referendum in the history of San Juan County was filed -on how fees are collected to fund a new storm water ordinance- petitions are now showing up all over San Juan county as voters sign-up to put the measure on the ballot. The fees were enacted by the County Council after a number of public hearings, but was not voted on, and now -to the surprise of some- the charges are showing up on property tax bills.

As previously reported,, the referendum was filed by Alexandra Gavora of San Juan Island, and asks voters of San Juan County if they approve how the "fees" are collected, and the amounts are determined. The "fee", which Gavora states looks an awfully lot like a tax, is the point of the referendum, and not the underlying stormwater program the collected money is earmarked to fund.

Gavora explained that after she filed the referendum, she "found that there is a wealth of concern that has previously been unexpressed regarding the fairness of this tax/fee program. Some of the additional concerns that have been raised include the notion that Public Works will act as the assessor of this fee, and the potential for litigation arising from this scheme."

Gavora said that "So far the thoughts that I have heard have all been constructive in nature, and this is how I would like this process to proceed."

The supporters of the referendum have 120 days to gather signatures sufficient to qualify for the ballot. Gavora said that "During that time period I am hopeful that voters like me will be able to flesh out not only the problems with the current funding ordinance, but be able to offer some alternatives that are honest, fair and workable, to deal with the funding of storm water projects in San Juan County".

Gavora told The Island Guardian that she wants to "inform people who have been contacting you regarding the referendum pertaining to the funding of storm water projects, that they may get in touch with me directly by sending email to stormywaters@interisland.net. Gavora added that "I will appreciate hearing from those who want to help, as well as those who have differing opinions on this issue."
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CC Accepts Grant For "Strengthening Families"

SJC has received an additional grant from the Washington State Department of Social and Health Services Division of Alcohol and Substance Abuse to provide a Spanish language version of a program designed to "provide Best Practice parent education",

At the County Council (CC) staff meeting on Monday (3-12-07), Councilman Gene Knapp (a former two term SJC Prosecutor) asked that approval by the CC of the state grant be removed from the Consent Agenda, and placed on the Action Agenda, so that the CC might have an explanation and a discussion prior to making a decision on the request for approval of the program.

Knapp explained that to the council that one of the things that he had always respected about Spanish families was their strong family values, and so was curious why the grant was singling out these families. He also said that an expenditure of over six thousand dollars should not be placed on a consent agenda until there had been discussion by the Council, and a decision made in public session.


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New Committee Will Help Critical Area Ord UpDate

A Leadership Sub-Committee for the San Juan Initiative has been appointed by the SJ County Council. They will work as a part of the Policy Group, which consists of their group, and a Resource Managers sub-committee. The Council also voted to appoint Kevin Ranker to present the County Council.

The new Leadership sub-committee members were selected by the County Council to "represent expertise in many fields including: construction, marine policy, real estate, farming, land conservation, land use, affordable housing and business. The members are:

Tom Cowan
Jonathan White
Sam Buck
Patty Miller
Peter Kilpatrick
Lincoln Bormann
Lynn Bahrych
Liz Illg
Nick Jones
Lisa Byers
Ron Zee
Kit Rawson
Jeri Ahrenius

In addition to each person's professional expertise, these individuals are, according to Project Manager Amy Windrope -hired by Share Strategy to oversee the project- "able to represent their community's needs and culture during the San Juan Initiative process".

Many of the members are well known to the community, and all have connections, and are active in other organizations and/or work for county government.

In a Memorandum of Understanding (MOU) signed last year by the CC and Shared Strategy,, one of the "Whereas" stated that there "SJC Critical Areas Ordinance update, the Resource Manager Working Group, the Stormwater Ordinance, and the Marine Stewardship Area", are all areas that may "leverage conservation actions and set the stage for building an example of community-based ecosystem management".

There will also be another committee appointed by the County Council that will work only on updating the Critical Areas Ordinance. The County is asking citizens interested in that committee to contact the Planning Department


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35 MPH? CC To Explore SJC Speed Limits

Councilman Bob Myhr wants the County Council (CC) to "adopt a policy to allow any licensed vehicle to use county roads", and that includes "slow moving vehicles; specifically vehicles that are restricted to roads where the speed limit is 35 mph or less, such as "Neighborhood Electric Vehicles" (NEV).

This is not the first time Myhr has brought up this subject, and with more and more NEVs being purchased, the problem of where they can be driven has been a concern for the current owners, and perspective owners. (Past Story)

The problem of course is that San Juan Island's main roads are posted at 45 mph, and the other islands have some roads posted at 40 mph, and this restricts the use of the small electric cars -and other vehicles- that are not allowed by state law to be operated at speeds over 35 mph.

What to do? In response to Myhr's statement that "there is no place in San Juan County to go to in a hurry", Councilman Lichter suggested that this is a "good time for the County Council to take the lead in slowing things down in San Juan County". Councilman Ranker asked if there was some way to have two speed limits on the roads, using as an example the limits are not the same for trucks and cars on the freeways. Councilman Ranker suggested the council hear from SJC Prosecutor Randy Gaylord and Sheriff Bill Cumming.

Both Gaylord and Cumming pointed out some of the legal and administrative problems facing the Council in allowing NEVs. Gaylord said that when his office was asked to research the issue last year, they had reported back that because state laws apply to SJC roads, his opinion was that the only way to do what the Council wants to do, is to lower the speed limit to 35 mph. Sheriff Cumming said that it then becomes an enforcement and man-power issue.

Ranker reminded the council that in their last discussion on roads with Public Works, they were told that one of the criteria used to set speed limits is drivers expectations of how fast they should be allowed to drive on a road. Ranker suggested the council hold a work session on the subject with county staff and allow public input.

Myhr suggested that staff be directed to "look at creative ways to solve this". Councilman Rich Peterson reminded the Council that a change in law on use of state roads "rests with the State, not us", and "We need public input"

Councilman Gene Knapp, while not opposed to the concepts discussed, agreed that "we need to hear from the public". And noted there are 16 thousand people in SJC, and the Council needed to hear from others than just the ones who signed a petition. Councilman Rosenfeld said the topic had come up at a recent Chamber of Commerce meeting, and he was surprised that some people he assumed would be against lower speed limits, were in favor of them.

The Council agreed to ask County Administrator Pete Rose to come back to the Council with a report. Rose said he would "pull together three departments" -Prosecutor Attorney, Sheriff, and Public Works, to have a meeting on the subject.

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Bluebirds Re-Introduced To San Juan County

While Western Bluebirds were once common in San Juan County, the population all but disappeared in the 1960s..Now there is a serious and coordinated effort to re-introduce the birds into the county, and over the weekend four pairs of Bluebirds were released (photo left) on San Juan island.

Four partners are working to re-introduce these beautiful birds by trapping mated pairs living at Fort Lewis, bringing them to San Juan Island, and after a couple of days living and eating in an aviary, the top of the aviary is opened, freeing the birds into their new territory. Hopefully the birds will adapt to their new surroundings, and to make it as easy as possible, nesting boxes have been built for the birds.

The SJ Island Audubon society -as well as others in the community- have placed boxes designed and constructed specifically for Bluebirds.. The box sites they have placed will be monitored for signs of occupancy, and they are asking others who may have installed boxes to contact SJI Audubon ( skylark@rockisland.com ), so that they may include the locations into a data base of nesting information.

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Car Plunges Into Water, Driver Escapes

According to preliminary reports, an Orcas woman was able to rescue herself late Saturday night after her vehicle left the road and reportedly went down a 100' steep bank, ending up partially submerged in salt water.

In an unconfirmed early report, it was stated that Councilman Kevin Ranker called 911 at 11:00 p.m. Saturday night to report that he had heard "a woman cry out ‘Someone please help me'", but Ranker stated that a man on a boat heard the cry for help but was unable to locate the source. The accident scene was not located until early Sunday morning, when Ranker spotted part of a vehicle protruding out of the water. Ranker said he found the vehicle floating in the water next to the bank early Sunday morning and alerted 911. An Orcas deputy was then directed to the scene by Ranker. According to Ranker the vehicle broke off an utility pole next to the road, then went into the water.

Ranker when he entered the water to investigate, there was no one in, or near the area, and a check of the license plate by the Sheriff's office identified the owner, who eventually was located at her home. She was found to have only minor bruises that did not require medical treatment.

A small oil slick was noted on the water, and the local oil spill response team was notified. Because the accident was not reported, there may have been gas and oil leaking out of the car throughout the night.

Failure to report an accident and leaving the scene of an accident is a chargeable offense. The accident and surrounding circumstances are under investigation, and the name of the woman and a full report on the accident has not been officially released.

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Is It Okay To Park In The Intersection?

(Ed Rouleau of Friday Harbor tells a driver -who had blocked the intersection- where they should go)

A traffic jam and confusion resulted in Friday Harbor on Sunday when drivers arriving at the ferry lanes found a full lot, but no terminal workers or agents. Many of the drivers were unsure what to do, or where to go. More than one driver simply pulled behind the last car in a full lane, even thought this fully blocked the street and the intersection.


Within moments there were cars backed up three ways. Sergeant Scott Brennan (photo above) twice showed up on the scene, and while radioing in to dispatch to try and locate the missing ferry agents, he directed traffic and would be ferry riders, and gave out information until a employee for the ferry agent showed up to lend a hand.

A short time later the familiar orange vested -and very welcome- ferry terminal worker returned to relived Sgt, Brennan, who happily resumed to his normal duties.

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Hearings To Be Held On Rosario Resort Master Plan

San Juan County Council will conduct a public hearing to consider approval of the Rosario Resort Master Plan and associated corrections to the San Juan County Comprehensive Plan Land Use Map. The application involves three noncontiguous sites on the east side of Eastsound on Orcas Island: a) on and north of Cascade Bay, b) north side of Olga Road near the intersection with Rosario Road, and c) north of Rosario Road near the intersection with Palisades Drive. The hearing will begin at 1:30 p.m., Friday March 30, 2007, at the Senior Center, 62 Henry Road, Eastsound, WA, and will be continued to 1:30 p.m. Tuesday April 10, 2007 in the Council Hearing Room, 350 Court Street, Friday Harbor, WA (or as otherwise posted at the Hearing Room).

The San Juan County Planning Commission heard the request and recommended approval with plan changes and conditions.

Following is a summary of the request:

As required by section 18.90.060.A.2 of the San Juan County Code, the owners of Rosario Resort and the owners of Cascade Harbor Inn have jointly submitted a Resort Master Plan covering approximately 100.9 acres of land at the site of the existing Rosario Resort and Cascade Harbor Inn on Orcas Island. The Resort Master Plan will provide the framework for future development in the Rosario Resort planning area and includes the following:

1. An increase in the number of Rosario Resort vacation units from 131 to 223 (an increase of 92 units). These vacation units will include a mix of fractional and wholly owned condominium units and hotel rooms.

2. An increase in the number of Cascade Harbor Inn vacation units from 48 units to 96 units (an increase of 48 units). These vacation units will all be hotel rooms.

3. An increase in the number of employee housing units from twenty units (each containing two beds) to 60 units. The increase will provide accommodations for a total of 120 employees.

4. An increase in the size of the existing marina.

5. New or improved support services include sewer and water system improvements, resort related retail space, resort related personal services, parking, open space, trails and food service.

6. Changing land use map designations as follows:

● Change parcels 173143002000 (1.39 ac.) and 173134002000 (.36 ac.), located on Cascade Bay, from "Master Planned Resort" (MPR) to "Residential Activity Center" or "Rural Residential" and establish density for the parcels. These are privately owned, are not managed by the Resort, and should not have been included in the MPR designation.

● Change Rosario Resort's Hilltop parcel, no. 173043001000 (approx. 39 ac.), from "Rural Farm Forest" to "Master Planned Resort". This is the location of the Resort's employee housing and other proposed support functions and it may be appropriate to include it in the MRP designation.

● Change the portion of parcel 173142002000 (1.87 ac.) that is zoned "Rural Residential" to "Master Planned Resort". This parcel is currently split zoned, is managed by Rosario Resort, and the entire parcel should be designated "Master Planned Resort".

Responses to Questions asked on Rosario Resort

For the Meetings of: April 10, 2007


Councilman Ranker

1. Wanted an opinion from Randy Gaylord, Prosecuting Attorney, regarding the performance bond. Said a letter was received with valuable input but needs opinion from counsel before deciding.

Staff discussed the assurance issue with Mr. Gaylord. He felt that requiring a bond would impose a significant burden on the applicant, and that it was not an appropriate method of ensuring the mansion will be renovated and the annex constructed as presented in the Plan. If it became necessary, the County would have difficulty completing the work on private property. The Council is allowed to make changes to the Plan, and Staff and legal counsel suggest that the project be broken down into smaller phases, with the first phase including a) approval of a mansion renovation plan which includes improvements necessary to ensure a life of at least 50 years, b) completion of the mansion renovation, c) completion of the mansion annex, and d) construction of not more than 30 stand alone units with overnight accommodations (i.e. units that are not within the mansion, mansion annex or Cascade Harbor Inn structures). This will allow the Resort to generate revenue, but will limit the risk that significant development will occur without the public benefits associated with construction of the mansion annex and renovation of the mansion.

If necessary, a future owner could renegotiate this condition. The County could then evaluate the experience and financial backing of the owner, and better assess the risks and rewards associated with an alternate phasing schedule.

(Note: A condition modifying the phasing schedule will need to be coordinated with Condition 5 of Exhibit S-14).

2. Regarding Federal endangered species law, the FEIS lists two species as threatened that may be listed as endangered, the Marble Merlet and Bald Eagle. Have they been delisted?

According to the Washington Dept. of Fish and Wildlife, as of Jan. 25, 2007 they are both listed as threatened but not endangered.

3. For Ron and Shireene – in your opinion does approval of a master plan lend strength to future CUPs and shoreline development permits?

Yes – the Plan will serve as the guide to development within this Master Planned Resort (MPR) land use designation, so it is important that it reflect an overall vision that is endorsed by the Council and that is consistent with County shoreline requirements. There seems to be some confusion regarding whether the new, privately owned structures with overnight accommodations will be considered as “commercial� (in which case they may be constructed within 100 feet of the shoreline with a conditional use permit) or “multi-unit residential� (which are subject to common area requirements and potentially a 75 ft. setback).

Staff discussed this issue with Mr. Gaylord and it was determined that if there is a signed agreement between the Resort and the owner allowing the unit to be included in the Resort’s rental pool, then the County will consider the unit a commercial structure. If the privately owned accommodations are not included in the rental pool they will be considered “residential� and subject to the multiunit/ multifamily requirements of the County Code.

If the Council wishes to clarify the vision you are endorsing for the shoreline, you could add a condition establishing a minimum setback for new structures with overnight accommodations. You probably would not want to apply this setback to existing structures that will be replaced (i.e. they could be reconstructed in the same location). For example, a 75 ft. setback would be compatible with the requirements for multi-unit/ multi-family residential structures. Adding this condition would however, reduce the design flexibility for the project, may deter future buyers, and would impose a standard not imposed on other commercial projects.

4. Issues of fire – came up more recently and may not be adequately addressed in the FEIS. This needs to be looked at a little more. Would like an opinion regarding newer information received. Perhaps flame resistant roofing or siding and fire safety zone should be required? Request more information from staff on this.

Though this was not an issue identified in scoping for the Environmental Impact Statement, staff and the applicants agree the Plan should be modified to better address the risks associated with wildfire. Staff and the applicants propose incorporating into the Plan a new section 5.8. This proposed section is attached at the end of this report.

5. Wants to get more information on potential impacts of storm water and sewage disposal on ecology of the bay and East Sound.

The FEIS identified the possibility that an increase in development will increase the potential for stormwater runoff to carry pollutants into Cascade Bay and ultimately Eastsound. As noted in the FEIS, mitigation for the potential impacts on marine water is provided by requiring that new development conform to the stormwater management requirements of the County’s development code. The County Code in turn requires that all development comply with provisions of the Stormwater Management Manual for Western Washington published by the Washington State Department of Ecology (DOE). The State manual includes a range of requirements and best management practices designed to minimize stormwater impacts, including requiring the preparation of a stormwater pollution prevention plan (SWPPP).

The FEIS also identifies that an increase in development will increase the volume of treatment plant effluent discharged. Mitigation for this increase will be achieved by making improvements to the treatment plant to provide the contaminant removal capability required by DOE. DOE regulates sewer treatment facilities in Washington State through the facility’s NPDES (National Pollution Discharge Elimination System) permit, and will ensure that the plant is designed and operated to provide the level of treatment necessary to meet water quality and permit standards.

Finally, DOE requires that sewer utilities submit a professionally prepared General Sewer Plan and Engineering report. Rosario’s report is dated February 2005 and includes information on the number of sewer connections and sewage flow estimates. The design of the treatment plant including the treatment method, effluent volume, and facility sizing are evaluated by the engineering staff at DOE. DOE also establishes thresholds for pollutants in the discharge water, with the allowable pollutants based on a number of factors including the characteristics of the receiving water. DOE requires sewer plant operators to monitor pollutants in the discharge, to keep records and to timely report and take corrective action if discharge concentrations exceed those allowed under the NPDES permit.

6. State Park had excellent recommendations and I would like to see them codified in the Plan.

Staff and the applicants suggest the Council consider adding a condition requiring that development on the Hilltop parcel conform to the recent agreement between WA State Parks and the Resort as outlined in the March 19, 2007 letter from Terry Doran and the attached map. This map will replace Figure 4.7-2 on page 80 of the Plan. A new list of site development guidelines could also accompany this figure as follows:

Exhibit 4-3 Hilltop Redevelopment Site Planning Guidelines

1. To protect views of the Moran State Park entrance and historic Moran archway, Rosario operations, maintenance and parking facilities will be set back from the Eastsound to Olga Road as shown in Figure 4.7-2 (as revised). In addition, a sight obscuring vegetative buffer shall be maintained between Olga Road and development on the Hilltop parcel. If the existing vegetation does not provide a year round visual barrier, additional native plants shall be planted in a naturally appearing arrangement that provides a year-round visual barrier.

2. A naturalistic system of bio-filtration swales and settling ponds with planted wetland vegetation will be used to treat stormwater rather than a visually obtrusive engineered basin.

3. Native vegetation consistent with the Moran State park planting palette and the findings and recommendations of the Historic Resources Management Plan will be planted within and around the detention basin to provide vegetative screening.

4. All buildings at the Hilltop will be designed to blend into their wooded surroundings through the use of non-reflective building materials, dark exterior colors, large overhangs, etc.

7. Councilman Ranker has more questions regarding the Hilltop development and changes in zoning and what that means for now and in future. He subsequently explained he would like more information regarding visual impacts to visitors of Moran State Park, potential water quality impacts to Cascade Lake, and whether the Hilltop development would be a change in zoning.

Yes, the applicants have requested the zoning for the Hilltop parcel be changed from Rural Farm Forest to Master Planned Resort (MPR). The employee housing and the additional support functions proposed in this location are allowed under either zone. If the area remains zoned as Rural Farm Forest, the existing Conditional Use Permit (CUP) would need to be amended. The applicants, staff and the Planning Commission concur it is more appropriate to zone it Master Planned Resort and conduct a detailed review as part of the subsequent PUD, rather than to regulate it as a separate CUP.

No uses or activities other than those identified in the Resort Master Plan would be allowed on the Hilltop site without an amendment to the Plan. The Washington State Parks Dept. and Rosario Resort recently met and agree upon plan changes to help minimize visual impacts to visitors of Moran State Park. As previously stated, compliance with the revised plan can be included as an additional condition. The Planning Commission also recommended adoption of a revised Table 6.1-1 of the Plan (found in Exhibit S-13) with footnote 11 which reads:

11 A sight obscuring vegetative buffer shall be maintained between Olga Road and development on the Hilltop parcel. If the existing natural vegetation does not provide a year round visual barrier, additional native plant materials shall be selected and planted in a naturally appearing arrangement that provides the required year-round visual barrier.

There was a question about whether the parcel could automatically be converted back to a Rural Farm Forest designation if the Resort closed. At the Resort’s option, this type of provision could be accomplished through a conditional zoning or “concomitant� agreement between the Resort and the County, however this has not been proposed. If there is concern about what would be done with the employee housing if the Resort closed, the Council could also add a condition that if the Resort closed, the employee housing facilities would be removed. At that time it would also be necessary for the County to rezone the entire area in conformance with the goals and policies of the County Comprehensive Plan.

A response to the water quality portion of this question is included below, under question No. 9.

An additional question submitted by Coucilman Ranker after the hearing:

8. We heard testimony that the University of Washington comments were not adequately addressed and that the RCWs require that they be fully addressed – is this accurate?

A copy of the Friday Harbor Labs letter is included on pages 6-6 and 6-7 of the Final Environment Impact Statement (FEIS) Vol. 1. Their letter is followed by an explanation of how their concerns were addressed.

The only statutory requirement regarding response to comments from Friday Harbor Labs appears to be under the State Environmental Policy Act (SEPA) and applies generally to any person or agency commenting on a Draft Environment Impact Statement (DEIS). Under the SEPA rules, the FEIS only addresses comments received by the end of the DEIS comment period. The close of the comment period for the Rosario DEIS was September 23, 2005. The above mentioned letter was received on September 15, 2005 and the FEIS contains a response. Dr. Strathmann subsequently submitted additional letters which have been included in the record, but which were not addressed in the FEIS. .

Regarding other statutes pertaining the Friday Harbor Laboratories and land use activities, San Juan County Code section 18.80.320.D.3 requires that Friday Harbor Laboratories be provided a “notice of application� for all shoreline permit applications in the County. It is our understanding that this language was included in the County Code to implement Policy 3.2.F.6 of the Comprehensive Plan, which reads as follows: “6. Removal of flora and fauna from shorelines must be in compliance with RCW 28B.20.320-324, an act relating to the establishment of a marine biological preserve in San Juan County waters.�


Councilman Lichter

9. From Shireene, Don and Ron would like more information on the possibility of the Hilltop cottages degrading water quality in Cascade Lake.

We are not certain whether this question refers to the Woodland Cottages or the employee housing on the Hilltop Parcel, so we addressed both scenarios.
The Woodland Cottages are located down gradient from Cascade Lake, outside its drainage basin, and will be served by sewer. Stormwater runoff and septic effluent cannot flow into the lake from this area.

The Hilltop site is located within the drainage of Cascade Lake but some distance from it. Development on the Hilltop property would be subject to the County stormwater management regulations and the likelihood of stormwater runoff from the Hilltop site entering the lake is small. Sewer service is also provided to the employee housing units, so septic effluent cannot flow into the lake.

10. More information is needed on traffic impacts to roads due to increased population, and evacuation needs in case of emergencies (e.g. medical and/or fire).

The traffic studies prepared for the EIS have been reviewed and evaluated by the Public Works Department. Based on the information contained in the studies, information provided in a peer reviewed report, and the Public Works’ knowledge of traffic conditions on Olga Road and Rosario Road, Public Works identified a number of measures that could be employed to mitigate traffic impacts. Those measures have been included in the FEIS as mitigation measures that must be included in future PUD applications.

With respect to emergency vehicle access, while it would be desirable to have a second roadway access into Rosario in case Rosario Road becomes impassable, a second access from Olga Road is not feasible. Additional access for emergencies can, however, be provided by air either by helicopter or float plane and/or by boat. The Fire Chief for Orcas Island requested that an emergency helipad site be designated in the Resort Core area. Section 106 of the FAA’s Heliport Design Guidelines, provides information about designating emergency helipad sites. The location and identification of these sites is left to the local emergency services personnel to coordinate with helicopter ambulance services.

The applicants’ proposal for addressing potential fire hazards is discussed in question no. 4 above and is described at the end of this report. Implementing these actions will reduce the likelihood of fire and that will reduce the need for fire related emergency response.

11. What are the hazards associated with wildfire?

See the previous response relating to wildfire, and the suggested addition to the Plan attached to the end of this report.

12. Are additional adverse impacts to the shoreline possible? What kind of environmental review will be required for marina expansion?

Expansion of the Marina will require permit approvals from the U.S. Army Corps of Engineers (Section 10), the Washington State Department of Fish and Wildlife (Hydraulics Permit Approval), San Juan County (Shoreline Permit), and lease approval from the Washington State Department of Natural Resources.

The Corps permit is subject to that agency’s environmental review process which includes consultation with both the U.S. Fish and Wildlife Department and National Marine Fisheries. A biological evaluation will be required to evaluate the potential impact on Federal species of concern including both threatened and endangered marine and terrestrial species potentially affected by the expansion. An evaluation of the affect on species of concern includes not only direct impacts to the organism itself but impacts to its habitat that may indirectly affect the species. If the situation warrants, the Corps may require completion of an environmental impact statement under the National Environmental Policy Act.

With regard to state and local permits, hydraulics permit approval and shoreline permit approval are subject to environmental review under the State Environmental Policy Act (SEPA). WA Department of Fish and Wildlife will require that sufficient information be provided to evaluate potential impacts on fish. It is likely the biological evaluation required for the Corps permit will provide the required information but the State may require additional studies to satisfy concerns for species not covered under Federal regulations. Both the Federal and State resource agencies have the authority to require the information they need to make a determination on whether to issue permits for the expansion. It is highly unlikely that any permits would be issued without a substantial list of conditions that would need to be met during construction and the subsequent operation of the marina. It is also possible that one or more of the agencies would deny approval or only grant approval for a limited number slips or a specific amount of dock square footage.

With regard to the County shoreline permit process, a shoreline application is subject to environmental review under SEPA. The applicant would be required to provide sufficient information about the impacts of the proposal for the County make a determination as to whether the proposal adequately addresses the potential impacts. If the information is not forthcoming or if the County determines that the marina is likely have a significant adverse impact on the environment, the County may also require preparation of an Environmental Impact Statement.

Councilman Knapp

13. One feature of the proposal is shoreline access. What assurance do we have that it would actually be improved?

The Planning Commission added the following paragraph to Section 5.3.2 of the Plan:

“The majority of Rosario’s shoreline has always been accessible to the public, thanks to a concrete walkway that parallels the shore of Cascade Bay, extending from the Discovery House to the Mansion. Under this RMP, access to these same portions of the Cascade Bay shoreline will be enhanced and maintained for the benefit of resort guests and the general public alike. Restored and enhanced pedestrian facilities that provide access to Rosario’s shoreline shall be designated and signed for public access.�

The County will review detailed plans for compliance with this statement as part of the approval of subsequent PUD applications.

14. He interpreted comments regarding Cascade lake drawdown as conflicting, noting that opponents see dire consequences while proponents think it’s fine. Clarification is needed.

This is discussed in the FEIS on pages 6-52 through 6-54, 6-62 and 63, and 6-69 and 70. Rosario’s total water right is 1,879 acre-feet per year. This water right includes water for hydroelectric power generation, irrigation and domestic use. The domestic portion of the water right is 283 acre-feet per year. Current domestic water consumption is about 128 ac-feet per year, and this is expected to increase to about 223 ac-ft per year by the year 2017, when the Resort expansion is expected to be complete.

The required lake levels were set by the water right adjudicated in the 1970’s. The seasonal draw down limit is four feet in a normal year (to a lake elevation of 347 feet), and six feet in a dry year (to a lake elevation 345 feet). Under the terms of a change in the surface water right approved by the Department of Ecology in 2002 (Certificate No. XIII-A Page 2), hydropower operations must be curtailed when lake levels drop to within one foot of the above minimums in order to conserve stored waters for domestic purposes. The proposed development should cause no change in lake levels from recent years; the additional water needed for domestic use could be transferred from water that is now being used to produce electricity, resulting in no net increase in water withdrawal from the lake.

Councilman Rosenfeld

15. The FEIS Volume 2, Page 23, Appendix D, bottom of Table 6 regarding average daily traffic volumes on Rosario Road, shows a projected increase of 420 average daily trips. Can this be translated into a peak number? What would this look like?

The transportation study estimated an additional 420 Average Annual Daily Trips (AADT) at buildout. Additional information provided by Transportation Solutions Incorporated (the Resort’s transportation consultant) indicate the daily average for August is predicted to be 580 trips, with 46 trips occurring during the busiest hour (approximately 1 new car every 1 minute and 20 seconds).

In his letter dated July 25, 2006 John Van Lund, County Engineer, stated that “Our review of the updated environmental documents suggest that our concerns regarding safety and traffic impact will be effectively addressed�.

16. Same appendix, page 37, paragraph 4, what are “voluntary mitigation measures�?

The “voluntary mitigation measures� were proposed to mitigate impacts identified in the FEIS. The condition added by the Planning Commission requires the Resort to implement the mitigation measures presented in the FEIS, so they are no longer voluntary.

17. Specifies that potable water is not used for fire suppression. What water is used?

Chris Verithaller, manager for utilities for resort answered the question. It is untreated lake water




Copies of the proposed Master Plan, Final Environmental Impact Statement, staff reports and Planning Commission recommended conditions and plan changes are available for review at the Orcas Island Library, on line at http://www.co.san-juan.wa.us/cdp/default.asp and at the Community Development and Planning (CD&P) office, 135 Rhone Street, Friday Harbor. Written comments on the ordinance may be submitted at the hearing, or may be mailed or e-mailed in advance to the Clerk of the County Council at 350 Court Street, #1, Friday Harbor, WA 98250, 360.378.2898, carolynm@co.san-juan.wa.us. For more information contact Shireene Hale at 360.370.7569 or shireeneh@co.san-juan.wa.us.






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Western Bluebird Re-Introduction Project

(Photo by Nan Moore)
Friday, 9 March 7pm Environmental Forum at Pelindaba Downtown

Western Bluebirds were common in San Juan County until the 1960s.As part of a project to emphasis Garry Oak/grassland habitat, four partners are working to re-introduce these beautiful, blues gems to San Juan County.

Barbara Jensen of the San Juan Islands Audubon, Kathleen Foley of San Juan Preservation Trust, Bob Altman of the American Bird Conservancy and Gary Slater with Ecostudies Institute, will be leading a presentation and discussion of issues surrounding their work and the current status of Western Bluebirds.

Come early for good seats, have a bite to eat, desert, and try some hand-warming Lavender Hot Cider -or an espresso

[link]

US Supreme Court May Decide How We Vote

State Sam Reed & Attorney General Rob McKenna have announced that they "are pleased the U.S. Supreme Court has decided to hear arguments on the top-two primary initiative 872". The initiative was sponsored by the Washington State Grange, and passed by the voters in 2004. The Ninth Circuit Court ruled in favor of an appeal by state political parties, and now that decision will in turn be reviewed by the US Supreme Court.

According to a published statement, Reed and McKenna, will "continue to work to uphold the voters' will. Initiative 872 is important because it allows voters to choose any candidate on the primary election ballot without being limited to a single political party", stating that "We firmly believe in the people's right to initiative".

They also point out that "The Ninth Circuit decision struck down the primary election system chosen by Washington's people, and also left the state in serious doubt as to what constitutional options it has in crafting a primary that reflects the people's will…We believe that Washington's 'top-two' primary meets the constitutional standards set by the U.S. Supreme Court and look forward to presenting our case."

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Tickets For St. Patrick's Day Dinners & Auctions

Tickets on Sale Now: The FH PTA on Friday, and the FH Soroptimist Club on Saturday
(Claudia Piff and Kristen Mouk selling tickets at Market Place for the Soroptimist event)


Friday, March 16 inside the elementary school cafeteria and gym , Lads and lassies, their families and friends will be wearing green and giving the green when The Friday Harbor Elementary School PTA holds a St. Patrick's Day Auction and Dinner from 5:30 to 7:30 p.m.

Saturday, March 17 at the San Juan Island Yacht Club Soroptimist International of Friday Harbor will present The eighth annual St. Patrick's Day Extravaganza.


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Eastsound Sub Area Plan Update

The Eastsound Sub Area Plan is to be updated, and public input is required as a part of the process. The participation plan explains the process, and is intended to guide the process of obtaining public input. The success of the plan depends on public participation and the County's willingness to receive, process and incorporate the public input into the process.

Written comments may be submitted for public hearings to Colin Maycock, Community Development and Planning Department, Long Range Division, PO Box 947, 135 Rhone Street, Friday Harbor, WA 98250, fax (360) 378-3922, phone (360) 370-7573, or colinm@co.san-juan.wa.us

The following is the Public Participation Plan as drafted and released by SJC Community Development & Planning:
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New Business Resources At Libraries

Want to expand or start a business? If so, the San Juan County Economic Development Council (SJC-EDC) has made new Business Resource information available at all San Juan County area libraries (Lopez Island Library, Orcas Island Library, Skagit Valley College Library, Shaw Island Library and San Juan Island Library).

The new information is targeted at county residents who are interested in starting a new business or expanding their existing business.

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