Two recent court decisions will keep rural areas on Whidbey and Camano islands free of big hotels and resorts.

It was also a big win for Island County planners. The rulings denying hotel developer TR Camano’s bid to build hotels on Camano Island confirmed the planning department’s initial decision to reject the hotel development proposal.

The Washington Court of Appeals reversed a Skagit County Superior Court ruling and reinstated an Island County hearing examiner’s decision that shot down an application for a stand-alone hotel.

In a related lawsuit, Skagit County Superior Court Judge Susan Cook denied TR Camano’s appeal of a modified project application that claimed the hotels were part of a cultural center.

The developer tried to get the same hotels approved by saying they were attached to a center that would promote arts and entertainment activities.

Island County Prosecutor Greg Banks called the decision a victory for Island County.

“The decision of the planning department and

the hearing examiner were fair and impartial and should stand,” he said. “The county’s interest in this case was that all property owners be treated fairly and consistently,” Banks added.

Jeff Tate, assistant director of planning and community development for Island County, said the court rulings were not much of a surprise.

“We never felt that it was that vague or gray of an area,” Tate said.

“We felt from the very beginning that it (the developer’s position) was a stretch,” Tate added.

While Tate was confident that the decisions of his planners were right from the start, he is still pleased with the outcome of the trials.

“Hotels and cultural centers in rural village areas are not consistent with county zoning and the county’s comprehensive plan,” he said.

The hotel developer wanted to build two hotels on Highway 532 on Camano Island. The land is zoned “rural village” and the Island County zoning code prohibits stand-alone hotels in that zone.

After the hearing examiner’s first decision, TR Camano said that another “rural village” in Coronet Bay on Whidbey Island was allowed to build a hotel and said it was unconstitutional to deny the company’s application.

County officials say the Island County Code allows overnight lodging in the Coronet Bay rural village. It does not allow overnight lodging in the rural village on Camano, however.

“Other rural villages in the county have different permitted uses, as well, based on specialized conditions that existed there when the zoning code was adopted in 1998,” Banks explained.

“The main point here is that the zoning code was adopted after public participation, and is now published for all to see. The public must have confidence that the code means what it says, and will protect property owners from neighbors that want to use their property in a way that is too intense for their zone,” he said.

The developer had filed a lawsuit against Island County seeking the reversal of the original decision.

Skagit County Superior Court Judge Michael Rickert then sent the proposal back to the Island County planning department, but Island County appealed and the Court of Appeals agreed with the county’s position on the case.

Deputy prosecuting attorney Josh Choate had argued in court that the planning department could rely on the earlier decision by the hearing examiner in refusing the application.

“If they couldn’t, people could just keep coming back with identical applications and ask planning to decide the same case an infinite number of times,” Choate said. “It would never end.”

The second ruling protects county planners from being swamped with near identical development proposals.

While the appeal of the original application was in the courts, TR Camano submitted a revised site plan to Island County planners proposing a cultural center with associate overnight lodging.

The planning department recognized the overnight lodging as the same hotels they had turned down earlier and denied the request.

Cultural centers are facilities that include galleries, libraries, museums or theaters.

TR Camano sued again, but Skagit County Judge Susan Cook upheld the original decision.

Banks said the decisions strengthen fair treatment for all citizens.

“The recent decisions mean that citizens can count on even and fair application of the county code, as written. It shows that we will defend that process in court if necessary, when an applicant wrongly believes he or she deserves special treatment,” he said.

“The decisions are valuable to property owners across Island County, regardless of which island one lives on,” Banks added.

The ruling is good news for the county, but does not affect South Whidbey significantly. The decision only applies to zones considered rural village areas, Tate said.

On South Whidbey that’s only land around Greenbank Farm.

Most of South Whidbey, such as Freeland and Clinton, are zoned as rural centers. The ruling does not apply to those areas, he said.

Michaela Marx Wheatley can be reached at 221-5300 or mmarxwheatley@southwhidbeyrecord.com.