Growth Management Hearings Board denies resort appeal

WEAN petition not filed in time

A petition filed by the Whidbey Environmental Action Network against Island County regarding an ordinance for existing master planned resorts was denied by the Western Washington Growth Management Hearings Board on Nov. 16.

The ordinance was passed by the Island County Commissioners last year. It establishes a process by which landowners can apply for designation as an existing master planned resort.

The ordinance contains tight criteria that establishes what can be done on the property.

Jeff Tate, Island County Planning and Community Development assistant director, said an example of a possible master planned resort would be Camp Casey, owned by Seattle Pacific University.

A resort could be used by businesses for retreats or simply for recreation by vacationers.

As it now stands, the legal uses of a property are not clearly defined.

The application process would include a public hearing, a recommendation by the county and ultimately acceptance or denial of the application by the county commissioners.

If approved, the county could limit the use on the property and the landowner would benefit because the specifics would be clearly spelled out.

“The point is predictability for everyone,” Tate said.

WEAN’s petition for review was denied because it was not filed within the correct timeframe. The county filed its motion to dismiss the petition on Nov. 3.

“Having heard the arguments of the parties, reviewed the pleadings filed by the parties, the Petition for Review, and this case’s files and records, the board grants the county’s motion to dismiss WEAN’s failure to timely file its petition for review,” the case file read, adding that e-mail filing is not permitted by the board’s rules of practice and procedure.

During a telephone hearing on Nov. 15, WEAN argued that the board’s rules allow e-mail filing because the filing of petitions is not “exclusionary” and does not “restrict the electronic method of filing petitions to telefacsimile filings.”

The board disagreed and dismissed the petition for review.

“It is a win-win for everybody,” Tate said. “It offers predictability to the community and to landowners who may qualify for this designation. The Growth Board has once again affirmed that the county is successfully implementing the requirements of the Growth Management Act.”