Whether thrifting, crafting, upcycling or recycling, Community Treasures has been a go-to place for islanders. Unless someone is able to take over the non-profit, which likely would include moving it, Community Treasures will close at the end of the year.
“Community Treasures has been one of my greatest achievements,” Frank Penwell said, careful to explain that what he says during the interview is from his perspective alone, and not the Community Treasures board.
Since its inception, the location of the organization has been an issue. While businesses have operated out of the property since at least 1978, the property was designated as Rural Farm Forest in the original Comprehensive Plan adopted in the late 90s. As stated in the Comprehensive Plan, the goal of that designation is “To provide for rural living opportunities which are compatible with small-scale farming and forestry activities.”
Penwell had owned the property at that time for years. Twenty years ago, motivated to fill what he saw as a community need, the Penwells began operating Community Treasures, which later became a non-profit. As a recycling center is not an allowable use in Rural Farm Forest, the Penwells obtained four Conditional Use permits over the years. He has attempted to redesignate the property so that Community Treasures would be a permanently acceptable use but has been denied.
“There are several State and Growth Management Act requirements that prevent the county from spot-designating properties, which is notable in this situation,: said Kyle Dodd, Deputy Director and Environmental Health Manager, as well as interum code enforcement officer.
This key point was brought up by Adam Zach, Planner III, in his staff report during the last attempt of Penwell to redesignate the property. Zach wrote:
“Re-designating the subject parcel from to RGU would make the existing land use conforming. The RGU land use designation allows a much broader range of nonresidential land uses than the current RFF land use designation. If the subject parcel is re-designated to RGU, the property owner would be allowed to redevelop the parcel with more varied commercial and industrial land uses. The following commercial and industrial land uses are prohibited in RFF and allowed by either conditional use permit, provisional use permit, or outright in RGU.
If a single parcel is designated RGU and the surrounding area remains RFF, there is a potential for conflict between the more intense commercial and industrial land uses allowed in RGU and lower intensity residential, farming, and forestry uses allowed in RFF. The principal purpose for designating areas for future land uses on the Plan Official Map is to ensure that as development occurs it is orderly and does not create new or exacerbate existing conflicts between different land uses. Spot-designating a single parcel RGU amidst an area designated RFF could increase the potential for conflicts between land uses as nonresidential development occurs in the area.”
As a result, Zach recommended against redesignation saying “The legally established nonconforming use on this property can continue to operate, regardless of whether the land use designation is amended. SJCC 18.40.310 Nonconforming structures and uses also allow the established nonconforming use to be altered, modified, expanded, intensified, replaced or moved subject to a conditional use permit. As long as the facility continues to operate within the stipulations of its CUPs, however, as far as the county is concerned, it may continue.
Penwell has been concerned that the county could change their mind, and change the rules leaving his CUPs worthless. Dodd said it would be illegal for the county to do so.
“As long as the operator maintains compliance with those permits, the county would not take action against the facility. The county cannot arbitrarily ‘change its mind’ and revoke a Conditional Use Permit without cause. Understanding the value of Community Treasures to islanders, the County has no plans to and is not interested in taking action against Community Treasures provided they maintain compliance with the requirements of the CUP,” Dodd explained.
Penwell does not trust the county’s assurances, however, and says they have broken promises to him on several occasions. Years ago, former DCD Director Shireen Hale, for example, told Penwell the planning department would “take care of it for him, for free.” The county also, according to Penwell, has not fulfilled its duty in the Comprehensive Plan to site for future utilities like recycling or solid waste sites.
“No, the county has not identified any other potential future solid waste sites,” Dodd responded if there had been any identified site. “No, there is no plan to designate other potential solid waste/recycling sites.”In 2012, the county did look for another site. After feedback from the community, they ended up turning it into a new Public Works facility and county offices instead. Solid waste remains on Sutton Road and is operated by a private company Lautenbach Recycling.
Orcas has taken another route handling its recycling and began a nonprofit, The Exchange, and Lopez formed Take it or Leave it, a junior taxing district.
“The three islands each have a different model,” said Kendra Smith Director of the Environmental Stewardship Department, adding that the county is not opposed to working with Community Treasures, and there may even be space at Sutton Road. The county’s primary focus on San Juan has been minimizing the waste stream in a variety of other ways, working on a community compost, getting a glass crusher, and getting a pilot program going for plastic film recycling.
Dodd was a little firmer in his response, saying “The county is not in a position to purchase the property. A larger conversation would need to occur if the facility closes at its current location, whether the county may participate in the operation of this or a similar facility at another property.”
In order for the county to take Community Treasures over, he explained, the council would need to approve a plan to invest in a new facility, a significant capital bond of upwards of one million would need to be approved, a suitable location to put the facility would need to be secured, and we would need community support to invest in such a “business.”
Community Treasures processes approximately 500 tons of material annually. When asked if she was concerned if the non-profit’s closure would impact the island’s solid waste, Smith responded no. Laugtenbaugh, for comparison, hauls 8,000 tons from the Sutton Road property. She added that she hopes people continue to reuse and recycle, taking advantage of the Thrift Store and Treasure Hounds, social media sites like But Sell Trade, or the less-than-ideal option of taking it off-island.
Land use attorney and County Council District 1 candidate Stephanie O’Day has assisted the Penwells in the past and was quick to respond after Penwell issued a press release stating his intention to retire and spelling out the real possibility that Community Treasures could close come the new year.
“Nothing lasts forever,” Penwell told the Journal, adding that after losing two brothers and being of retirement age, he and his wife believe it is time for them to move on.
O’Day told the Journal that realistically the way to save Community Treasures is to move it to a new location where the use would be permittable. She has mentioned in candidate forums that she has met with Land Bank Executive Director Lincoln Bormann to discuss the possibility of the Land Bank being a part of the solution. There is one lot on Egg Lake owned by Dick Durhak that is designated Rural General Use, making it a possibility.
“We did take a walk on that piece of property,” Bormann said, explaining that it isn’t out of the picture for the Land Bank to partner and that they have done similar things in the past. On Lopez, a large piece of property was for sale that was perfect for affordable housing on a portion of it, with the rest perfect for conserving. They were able to buy the property, sell the portion for affordable housing and keep the rest. Unfortunately, that [Egg Lake] property had recently been logged so the portion that had conservation value no longer does.
‘Maybe there is some possibility for Community Treasures out there. Its really hard for me to imagine the Land Bank being interested in that property at this point. Maybe if were very low price and we are b uying it with teh idea that 50 years from now it would something really great,” Bormann said.
That doesn’t mean people are giving up. “The only way to save Community Treasures is for community members from all areas, from government agencies to non-profits, to come together and do some creative thinking,=. We have to think outside the box,” O’Day said.
