A development moratorium in semi-urban areas of unincorporated Island County remains in effect, but changes are likely when commissioners consider a replacement moratorium next month.
As required by law, the commissioners held a public hearing Tuesday on an emergency moratorium on development in areas zoned as mixed-use Rural Areas of Intense Development, known as RAIDs. It impacts commercial areas of Clinton, Ken’s Korner, Bayview, Greenbank, Cornet Bay and Deception Pass. Areas on Camano Island are also on the list.
The commissioners had planned on adopting a replacement moratorium that allowed minor maintenance and emergency repairs to commercial properties, but they decided to put off the action until July 8 to give them time to consider community concerns and comments about the language. The commissioners are expected to discuss the issues further at an upcoming workshop meeting.
The board adopted the current, one-year moratorium in a 2-1 vote on April 15. Commissioner Janet St. Clair voted against it and was absent from the meeting Tuesday. The purpose of the moratorium, commissioners said, was to prevent development in the mixed-use RAIDs while the county is in the process of updating its comprehensive plan. As part of planning for population growth, the county will likely need to increase the density of development, especially housing, in the areas.
The concerns raised by the 10 people who spoke at the hearing were focused on the effects the moratorium has on commercial activity.
Mark Miller of Miller Custom Construction and M-Squared Properties said he and his partner were in the pre-application process for building a new motel in Clinton and were about to submit permit applications when the moratorium went into effect. He said they decided to purchase the property and move ahead based on the pre-application meetings.
“We were led to believe we were green lighted,” he said.
Miller asked if the pre-application process could be “grandfathered” into the moratorium to allow them to move forward with the project.
Several representative from the Ken’s Korner Shopping Center and a person representing a grocery business said the moratorium is preventing a new grocery store from going into the strip mall because the grocer wants to do significant remodeling first.
“The lack of community input and sweeping nature of this decision is a little bit alarming,” said Michael McMann, a representative of the Ken’s Korner ownership company. “It poses immediate and far-reaching consequences for both residents and some of the local businesses on both Whidbey and Camano Island.”
The Ken’s Korner landlord went to court earlier this year to evict longtime tenant Ken’s Korner Red Apple Market from the space in question. Red Apple fought the eviction at first, but then came to a settlement that resulted in the grocer leaving, according to Red Apple’s attorney.
The representatives from Ken’s Korner claimed that the lack of a grocery store in the space would create a “food desert” on South Whidbey and impact the quality of life.
Island County Commissioner Melanie Bacon, however, pointed out in later comments that there are several other grocery stores on the South End. While she said there were three grocery stores as well as farm stands, there are actually four, including the Clinton Foodmart not far from Ken’s Korner.
South Whidbey resident Steve Myres said he was concerned about the vagueness of the term “minor maintenance.”
“I can see a lot of problem with using the language of ‘minor’ moving forward, creating a tremendous amount of confusion between the planning department, commissioners and the actual function of this moratorium,” he said.
The owner of a car wash in Bayview said she needs to replace a machine in the business, which the moratorium currently prevents.
Janae Cameron, a Clinton business owner who also owns affordable housing units, said the real economic growth in Clinton is due to private businesses and private investment. She was concerned that the moratorium will affect important projects in the area.
“Quite frankly, this does seem reckless and disrespectful to private property owners who are trying to make Clinton and other areas for Island County better,” she said of the moratorium.
After public comment, Assistant Planning Director Emily Neff and the two commissioners spoke about the reasoning behind the moratorium. The state is mandating the the county plan for significant growth in unincorporated areas and the RAIDs are “a key piece” of how the county plan could squeeze development into the areas, Neff said.
Commissioner Jill Johnson explained that the areas are “mixed use” so they allow for both commercial and residential together. The hope is that zoning changes would result in more dense residential uses, such as taller buildings with apartments over businesses. New projects that don’t represent the highest and best use of the property in the midst of the planning would throw a wrench in the process, she said.
Johnson said the current moratorium allows “like for like” construction in the event that a house is destroyed in a fire or otherwise. The new moratorium may extend this to commercial buildings.
Bacon pointed out that the moratorium is focused on making sure the county doesn’t miss out on opportunities for residential growth. She questioned why it should prevent a commercial business from remodeling or a new type of business from moving into an existing space.
In the end, the commissioners decided that they needed time to discuss the issues more in depth before making changes to the moratorium. They left the current one in effect, but it will likely be replaced on July 8.
