When Scott Delhaute, owner of Silverdale-based Sterling Custom Homes, set out to create a neighborhood of affordable housing in the Silverdale area, he did not anticipate the resistance he has received from his largest neighbor, the Apex Property Owners Improvement Association.
APOIA is made up of people who own land within the boundaries of the Apex Airport, most of whom also own aircraft.
Association members are concerned about losing their airport due to complaints filed by would-be residents of Delhaute’s development, and according to John Stasny, a member of the association and amateur pilot, this scenario is happening all too often across the nation.
“It is happening all over the country and the state,” Stasny said. “Small airports are being squeezed out.”
To the county, a big benefit of a large housing development like the one Delhaute is proposing is the collection of taxes, but Stasny said Apex is unique in its ownership and already provides funding to the county.
“Apex is a financial asset to the county in that being privately owned it pays property taxes,” Stasny said. “You will not find that to be the case with Bremerton National Airport. I believe that Bremerton is a financial liability.”
Kim Allen, Kitsap County hearing examiner, told both sides to work on an agreement before the hearing continues Sept. 24.
Delhaute said he is confident such an agreement can be found.
“I do think we will be able to come to an agreement with the airport,” he said. “Their existence and use of the air space is really not a big event for our development. I have spent many hours there and there just aren’t that many flights. It’s not like they’re flying jets. They are small, single-engine planes and there are only a few per day. I spent three hours there on Saturday and there was only one takeoff to the north, it did not cross our property and I only heard the noise for 20 seconds or so. I hope to have some resolution this week.”
That resolution may be tough to come to, however, as APOIA members are in full defense mode to save the airport that started operating in 1946.
The status of the airport has come into question by Philip Havers, Delhaute’s attorney, who questioned whether the airport was a public or private facility. Havers’ argument is that the protections are not afforded to privately owned entities.
According to APOIA, the airport’s status was described in a May 1992 letter to the county.
“Although (Apex) is a private airport, it is open to the public and provides the only aviation access for central Kitsap County,” the letter states.
Stasny also said Washington state passed two laws under the Growth Management Act to protect airports from urban sprawl in 1996.
Ron Van, another APOIA member, said the laws are on the side of the APOIA and the county should be held responsible for mistakes they are making in their interpretation of the law.
“We are a country of laws,” Van said. “They are in place to be enforced for the good of the community for good reasons, not to be set aside or influenced by special interests or convenient infusions of cash or increased tax bases. There is no question here that the laws are in place and they are to be followed. The law states that the jurisdictional government body is charged with enforcing them or they will be held liable if they do not do so. We need to hold them liable.
“Our community should not have to pay a price for the county’s mistake. This high density development should not be permitted. We should go for the juggler and argue that the county messed up and must correct that error because of their liability,” he said. “They must lower the density to 1 per 2.5 acres and rezone according to the amended GMA. There should be no compromise for anything less than the law and its agents require or recommend. I would like to see our attorney pursue this. It seems like the right thing to do, the moral thing to do. We need to try. Anything less is yielding where we should not.”
The hearing continues at 10 a.m. Sept. 24 in the county administrative building in Port Orchard.
