Petition to Hearings Board

BEFORE THE CENTRAL PUGET SOUND
 GROWTH MANAGEMENT HEARINGS BOARD
STATE OF WASHINGTON
 

Stephen Pruitt,  Steven Van Cleve

                                  Petitioners,

            v.

THE TOWN OF Eatonville,

                        Respondent.

CPSGMHB Case No.

 

PETITION FOR REVIEW

I.    PETITIONERS

The petitioners are Stephen Pruitt an Eatonville business man, Eatonville Planning Commission member and chairman of the Eatonville Chamber of Commerce. Mr. Pruitt’s mailing address is 41525 Mountain Highway E. Eatonville, WA 98328.  Steven Van Cleve is a lifelong resident of Eatonville, former chairman of the Eatonville Planning Commission and former town council member.  The mailing address for Mr. Van Cleve is PO Box 376 Eatonville, WA 98328.

II.  ACTIONS FOR WHICH REVIEW IS SOUGHT

On February 27, 2006 the Town of Eatonville, at its regular town council meeting, adopted Ordinance 2006-6, the development regulations for the Eatonville airport, Swanson Field (2W3).  RCW 36.70A.130 (1) requires that the development regulations to be consistent with the comprehensive plan. Ordinance 2006-6 is not consistent with the comprehensive plan. Ordinance 2006-6 also fails to meet the requirements to discourage incompatible land use adjacent to the Eatonville airport, Swanson Field as per RCW 36.70A.510 and RCW 36.70.547. The ordinance fails to discourage incompatible land use, especially in the areas nearest the runway.

The north end of Swanson Field is located at the border of the Town of Eatonville and Pierce County.  The land north of the runway is not within the town limits. The town is not in compliance with RCW 36.70A.100 because it has failed to coordinate the adopted development regulations with Pierce County regarding this border and the related airport lands.

These development regulations were never transmitted to the state by the Town of Eatonville and were not subjected to the review by state agencies as required under RCW 36.70A.106.

III. ISSUES

Do the adopted regulations fail to comply with the requirements of RCW 36.70A.130 (1) to develop regulations that are consistent with the comprehensive plan?

Do the adopted development regulations fail to comply with the requirements of RCW 36.70.547
to discourage the siting of incompatible land use near general aviation airports?

Did the Town of Eatonville fail to comply with the requirements of RCW 36.70A.100 to coordinate their development regulations with Pierce County on this regional issue?

Did the town fail to comply with the review requirements as defined in RCW 36.70A.106?

Do these failures substantially interfere with the goals of the GMA warranting a determination of invalidity under RCW 36.70A.302?

V. GMA STANDING

Mr. Pruitt is a business owner within the town of Eatonville. He is a current member of the Eatonville Planning Commission. He is an occasional passenger and does use Swanson Field. Mr. Pruitt spoke in opposition to the airport development regulations as a planning commission member and against Ordinance 2006-6 as a private citizen at the town council meeting.

Mr. Van Cleve is a former Chairman of the Eatonville Planning Commission. He is a lifelong resident and property owner within the Town of Eatonville. Mr. Van Cleve participated and spoke about development regulations at numerous Eatonville Planning Commission meetings and spoke in opposition to the regulations at the February 27, 2006 Eatonville Town Council meeting. Mr. Van Cleve is an Airline Transport Pilot, Commercial Pilot, Certified Flight Instructor, aircraft owner and operates an aircraft at Swanson Field in Eatonville (2W3)  

V. ESTIMATED LENGTH OF HEARING  

Estimated length of the hearing is one half day.

VI. RELIEF SOUGHT  

Issue findings and conclusions that the Town of Eatonville has failed to act in compliance with the Growth Management Act with regard to the issues raised in this petition, and that this failure substantially interferes with the goals of the act and remand Ordinance 2006-6 back to the city for action in compliance with the GMA.

Enter findings of non-compliance.
Enter findings of invalidity.
Recommend the Governor apply appropriate sanctions and/or enter a finding of non-compliance and/or invalidity with respect to those provisions found not to comply with the GMA.
Schedule a compliance hearing to determine a compliance date for the Town of Eatonville

VII. VERIFICATION

The undersigned petitioner states that I have read this Petition for Review and believe its contents to be true.

Respectfully submitted this 20th day of March, 2006

 

 

 

Stephen Pruitt

 

 

 

 

Steven Van Cleve

 

DECLARATION OF SERVICE

            I, Steven Van Cleve, declare under penalty of perjury and the laws of the State of Washington that, on March 20, 2006, I caused the following documents to be served on the persons listed below in the manner shown:

PETITION FOR REVIEW  

Central Puget Sound Growth Management Hearings Board
900 Fourth Avenue, Suite 2470
Seattle, Washington  98164
Original + 4 copies
By prepaid U.S. mail
 

Town of Eatonville
PO Box 309
Eatonville, WA 98328
By prepaid U.S. Mail  

Steven Van Cleve                                                                                                                                    

                                                                                                                                                          Back to Top

                                                                                                                   Back to Front Page


 


 
 
   

 

 
 
 
 
 
  © 2002 Eatonvillenews.net We Care!