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SEWER SYSTEM FAQ CARLSBORG BUSINESS AND PROPERTY OWNERS ASSOCIATION (CBPOA)
Why does Carlsborg need a sewer system?
In 2007, Clallam County was challenged by a Seattle organization named Futurewise and the local Dry Creek Coalition. They claimed that certain areas of the County’s Comprehensive Plan and Development regulations were not in compliance with the Growth Management Act (GMA).The Western Washington Growth Management Hearings Board (WWGMHB) heard the case in 2008. In their decision of April 23, 2008, they ruled that the Carlsborg UGA invalid and non-compliant largely because Clallam County did not have a comprehensive plan for funding and developing a sewer system for this area.
If the County cannot meet the requirements for planning and funding a sewer system, Carlsborg will lose its UGA status. Large areas of the UGA will likely have their zoning changed to rural zoning: Rural Neighborhood Conservation (NC) with one residence per 5 acres or R-5 (one residence per 4.8 acres). If areas of the UGA were down-zoned to rural zoning, many Commercial/Industrial businesses would be considered non-conforming.
There is a possibility that islands of residential and commercial zoning called Limited Areas of More Intensive Rural Development (LAMIRD) could be created in portions of the UGA based on the intensity, scale, and use of in place on July 1, 1990. Any LAMIRD is likely to have many restrictions and is subject to challenge. (For example, the County’s LAMIRD standards allow only 20% total lot coverage). Basically, LAMIRDs offer much uncertainty with minimized opportunity to build new buildings or expand existing buildings.
Most of the commercial development came into the UGA after 1991. For example, the Carlsborg Industrial Business Park, Sears or the Carlsborg Chiropractic Center were built after 1990. These activities might be non-conforming with the LAMIRD or rural zoning. The loss of Carlsborg’s UGA status will have an adverse impact on businesses, professionals and the surrounding community. Companies could only expand or improve their property at the intensity, scale, and use of July 1, 1990 activities if in a LAMIRD, meaning fewer jobs and some may need to relocate to grow.
· Non-conforming buildings would need to be rebuilt to the development requirements of the zone in which the structure is located, if more than 50% of their structures were destroyed, leading to decreased new investment in the Carlsborg community.
· Restrictive zoning means business owners would be reluctant to relocate or to start a new business in Carlsborg.
While Clallam County allows owners to petition for a variance of these restrictions, the intent of a non-conformance designation is to have the property conform to the new rural zoning. This will be a hurdle when petitioning for a variance.
Why should Clallam County spend money for a Carlsborg Sewer?
For over 20 years, Carlsborg has been a job creating engine for Clallam County which is why the Carlsborg UGA and Industrial Business Park were created in the first place. The investments and tax money spent to create the Industrial Business Park has been shown to be successful in bringing clean, high tech, manufacturing, and research jobs to Clallam County. For example:
· Carlsborg is only 1.7 percent of the population of Clallam County but has 7.28% of the county’s manufacturing employees. · Carlsborg has 7% of the County’s construction jobs. · Carlsborg businesses contribute 10% to the county’s retail sector. · Non-government Jobs in Carlsborg pay 10.63% above the Clallam County average. · Average employment growth in Clallam County from 2002 to 2009 has been 7.0%; Carlsborg has been 28.8% in the same time frame. · 5% of Carlsborg’s employees live outside of Carlsborg. Hundreds of families in Clallam County are dependent on Carlsborg for their livelihood.
Without UGA designation and its required infrastructure, it would be difficult for businesses to expand. When doing business becomes too complicated or costly in Carlsborg, new companies would locate and invest elsewhere and existing businesses may choose to relocate out of the area decreasing both employment opportunities and tax revenue.
Why can’t Carlsborg be designated a LAMIRD?
One proposed option to building a sewer system has been using the regulations for a LAMIRD (Limited Areas of More Intensive Rural Designation) to keep Carlsborg businesses from losing their commercial and industrial zoning. LAMIRDS are complex and open to interpretation, but the interpretation that counts is the Western Washington Growth Management Hearings Board. It was the Western Washington Growth Management Hearings Board who ruled the Carlsborg UGA invalid at the same time they ruled 23 LAMIRDS in Clallam County invalid. There are people in Carlsborg whose own interpretation of the LAMIRD regulations assume most if not all of Carlsborg’s commercial properties to be converted to LAMIRDs. But again it is the Western Washington Growth Management Hearings Board’s interpretation and past rulings that will form how this law is implemented.
The Carlsborg Business and Property Owners Association (CBPOA) hired an Attorney Craig Jones of Pinnacle Real Estate Law Group who specializes in land use issues and has experience with the Growth Management Board, and Futurewise. One of the questions asked by the group was can the County designate Carlsborg a LAMIRD. Mr. Craig has stated the following:
There will only be two options if sewers are not available and the UGA must be eliminated. The County may decide to designate a Carlsborg LAMIRD that includes a portion of the UGA historically developed to urban densities. LAMIRDs require that the County establish that the used located therein have been in existence since 1990 or before. It is not sufficient that property is zoned or even subdivided prior to 1990, because the LAMIRD designation requires looking at the “built environment” as of 1990. This was a question that was raised during our meeting since the Business Park was apparently approved, but not built, by 1990. While meeting with Ms. Creassey, I had an opportunity to examine with her the “built environment” of the UGA in 1990 as shown on aerial photographs. It was problematic, because much of the currently existing commercial, industrial and dense residential development, including the Business Park, had not been “built.” Thus, even designation of this area as LAMIRD will be questionable and subject to challenge. If a LAMIRD is held to be non-compliant with GMA, then the only alternative for the foreseeable future will be a drastic down-zone to low density rural zoning. Urban development will be prohibited. Existing non-conforming structures and uses will be allowed, but expansion and construction of “new” urban development will be prohibited. At our meeting, there was a question asked with regard to how the County addresses non-conforming uses and structures that may be destroyed in the future. That issue will be discussed below. It is our opinion that it is vitally important that all property owners within the UGA that have potential for further urban level development of their land work diligently in support of the County and PUT efforts to provide sewer utilities to the UGA.
If Carlsborg loses its UGA status and the County designates all or part of Carlsborg a LAMIRD this new LAMIRD can be challenged (by Futurewise, for example). We would be starting this process over again, property owners and business owners may be in limbo with a building moratorium, then waiting for the Western Washington Growth Management Board to work through its backlog to make a decision.
How does losing the UGA affect Homeowners?
If Carlsborg loses its UGA status regulations for homeowners and public buildings are more lenient than they are for business owners. But home owners do have consequences.
The property taxes for the district that includes Carlsborg will increase if the values of the businesses properties go down. Each district has a set amount of money it needs to collect, if one source goes down or goes away the other property owners taxes goes up.
· Yearly inspections for septic systems are state law; enforcement of this law is ramping up. Replacing a failing system costs over $20,000, not including the annual inspection fee.
· Inside a UGA, many residential property owners may subdivide their property thereby increasing the value of their property. In NC or R5 zoning the smallest allowable parcel would be 5 or 4.8 acres, respectively.
Loss of the UGA will impact investment and upkeep of commercial properties. Carlsborg UGA allows zoning for a vibrant village with restaurants, shops, sidewalks, and living wage jobs.
If the County wins the lawsuit against the Hearings Board and Futurewise, does Carlsborg still need a sewer system?
Yes! If the County wins the lawsuit against the Hearings Board and Futurewise, zoning and building regulations will likely go back to what they were in 2007 prior to Futurewise’s contention of Carlsborg’s UGA status. This will mean the end of the Interim Controls and once again allow commercial and industrial development, but this is only a short term solution. The County’s Comprehensive Plan is due for review again in 2016. This means that if the County does not have a sewer in place, under construction or a clear financed plan in place by 2016 Futurewise or any other organization or individual can contest Carlsborg’s UGA status and put us right back to where we are now. The only apparent way to permanently maintain Carlsborg’s UGA status is for the County to provide the required infrastructure. This will assure our full property rights well beyond 2016 as well as provide protection for the aquifer. |
