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Home My WebLink Aboutord2000-040WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 - 215 B CLEARANCES Date Date Received in Council OtFice Agenda Date Assigned To Ong. Dept.: Planning & Develop 9/6/2000 t' F�, 9/12/2000 Council introduction Division Head V Dept- Head: prosecutor: Budget: COUNCIL COUNCIL Executive: SUBJECT: Ord. Re: Amending Title 20 allow flexibility certain zones for temporary RV use ATTACHMENTS Ordinance SUMMARYSTATEMENT: Related County Contract #: Should the Clerk schedule a bearing? (YM Y Requested Dater This is an revised ordinance from the July 11 ordinance. This ordinance amends the offical Wbatcom County zoning ordinance, fide 20 to allow flexibility in the R and RF zones for the temporary use of RVs, revise RV standards in the UR and RR zones, provide RV standards in the R, RF and RC zones, and designate additional areas in Point Roberts which are appropriate for the temporary use of RVs RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN: 2000 -2158 9/1212000:1naciduced 9/26/2000: Sub. Ord. Amended and Adopted Ord. #2000-040 Related File Numbers: Ordinance or Resolution Number Qhis item only): AB2000 -215 * 2CW—v l v SPONSORED BY: Brenner, Crawford, Nelson McShane PROPOSED BY: Brenner, Crawford, Nelson McShane INTRODUCTION DATE: 9/12/2000 ORDINANCE NO. 2000 -040 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20 TO ALLOW FLEXIBILITY IN THE R AND RF ZONES FOR THE TEMPORARY USE OF RVS, REVISE RV STANDARDS IN THE UR AND RR ZONES, PROVIDE RV STANDARDS IN THE R, RF AND RC ZONES, AND DESIGNATE ADDITIONAL AREAS IN POINT ROBERTS WHICH ARE APPROPRIATE FOR THE TEMPORARY USE OF RVS WHEREAS, Pursuant to WCC 20.90, proposed zoning amendments shall be docketed for consideration once per year; and WHEREAS, The Deputy SEPA Official for Whatoom County issued a Determination of Non- significance on November 8, 1999; and WHEREAS, Pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on November 4, 1999, November 25, 1999, December 30, 1999, and January 22, 2000; and WHEREAS, The Planning Commission held public hearings on the proposed amendments on November 18, 1999 and December 9, 1999, and considered all testimony; and WHEREAS, The Planning Commission held additional work sessions on January 13, 2000, January 27, 2000 and February 10, 2000 and recommended approval of the proposed text amendments on May 11, 2000; and WHEREAS, the Council held public hearings on June 13, 2000, June 27, 2000, August 8, 2000, and September 26, 2000 to consider this matter; and WHEREAS, the Council found the amendments in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. Further study of the County's recreational /tourist areas has been conducted and Planning Commission has determined that provision for additional recreational vehicles would be appropriate for inclusion under Title 20. 2. The exclusion of proposed recreational subdivisions within the Birch Bay area will allow the Birch Bay Economic Development Committee to analyze and further develop goals for future land use objectives within the Birch Bay area. 1:@ Planning Division\REZONBRezones 1999¢ON99- 00007 -RV ORD3.doc Page 1 3. The proposed amendments addressing wastewater disposal, screening, personal storage units, vehicle licensing, and length of stay of a RV on a vacant lot outside of the Foothills Subarea would provide additional requirements and standards for recreational vehicle usage on an individual lot. 4. Due to septic tank constraints and small lot sizes within portions of Point Roberts, permitted use of seasonal recreational vehicles would enable property owners to utilize lots which might otherwise be subject to significant development limitations. CONCLUSIONS 1. Inclusion of additional requirements and standards for recreational vehicle usage in the Urban Residential, Rural Residential, Rural, Rural Forestry and Resort Commercial zones may reduce potential conflicts between recreational vehicle users and neighboring land uses. 2. Due to the historic recreational nature of Point Roberts, it has been determined that areas within Point Roberts are appropriate for the use of temporarily occupied seasonal recreational vehicles. 3. The exclusion of proposed recreational subdivisions within the Birch Bay area should be reevaluated at a later date to determine whether recreational vehicle and park model trailer usage on an individual lot should be allowable within these areas of Birch Bay. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20, is hereby amended as shown in Exhibit 1. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. Section 3. The provisions of 20.97.337, that define Point Roberts Area 1 and Point Roberts Area 2 as Recreational Subdivisions, and the special provisions regarding Recreational Subdivisions within Chapter 20.72.135 (2) and (5) of the Whatoom County Code are repealed on 90 days from adoption unless re- enacted prior to that date. Section 4. The County Council shall monitor the number of administrative approval applications and compliance issues associated with this ordinance and will review this ordinance in approximately six months from the date of adoption. I:\2 Planning Division \REZONE Razones 1999\ZON99-00007 -RV ORD3.dm Page 2 ADOPTED this 26th day of September , 2000. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brow -Davis�' MaMne Dawson, Council Chair Clerk of tWe G-mmcil APPROVED as to form t`7 Approve) Denied �l rily/ r Da ' Grant, Civil Deputy Prosecutor Aeteremen, Executive DateZO :J 1:12 Planning DivisionU EZONE ezones 19991Z0N9 OW07-RV ORD3.do Page 3 EXHIBIT #1: REVISED TEXT AMENDMENTS TO ADDRESS TEMPORARY RECREATIONAL VEHICLE USE IN WHATCOM COUNTY 1. 20.20 Urban Residential (UR), and 20.32 Residential Rural (RR) year. I:\2 Planning Division \REZONE \Rezones 1999\ZON99-00007-RV ORD3.doo Page 4 2. 20.72 Point Roberts Special District 20.72.130 Administrative Approval Uses. this chapter. use. 3. 20.36 Rural (R) .056 Private, noncommercial, recreation occupancy Of Gne a recreational vehicle a 1:12 Planning DivisionV EZONERezones 19992ON99- 00007 -RV ORDIdoc Page 6 (b) The duration of the temporary special event shall include the days the use is 6) Lots shall not be leased or rented out on a daily or overnight basis for recreational use. and not be fastened to accessory structures. Placement of a recreational vehicle on a foundation or removal of the wheels of a recreational vehicle, except for temporary Purposes for repair, is prohibited. 4. 20.42 Rural Forestry (RF) .056 Private, noncommercial, recreation occupancy of-9% a recreational vehicle e (2) One recreational vehicle and one accessory guest RVs Per lot shall be allowed. If such lot is greater than 5 nominal acres, one additional guest RV may be allowed Per each additional two acres of the subject lot. The total number of recreational vehicles on I:\2 Planning Division \RE ONBRezones 1999\ZON99-00007 -RV ORD3.doc Page 6 a single lot at one time shall not exceed five. (3) In the case of a special event or occasion: (a) Any proponent of a temporary special event which requires a total allowable number of RVs that exceeds the standard maximum allowed, shall file an affidavit with the Department of Planning and Development Services which specifies the nature of the snecial event, location, specified days of the proposed use and the sanitation and wastewater disposal facilities proposed for the event. (b) The duration of the temporary special event shall include the days the use is being set up and established as well as when the event actually takes place (c) A Parcel shall host no more than three temporary special events within a calendar year. provided that the time periods specified in 20.42 056(1) are not suitable native vegetation or a fence. (6)Lots shall not be leased or rented out on a daily or overnight basis for recreational Purposes for repair, is prohibited. 5. 20.64 Resort Commercial (RC) r. (4) Outside of an approved recreational vehicle Dark. lots shall not be leased or rented out on a daily or overnight basis for recreational use. - lit Planning Division \REZONE \Rezones 1999\ZON99 -00007 -RV ORD3.dm Page 7 6. 20.97.340 Recreational vehicle park. "Recreational vehicle park" means a parcel of land in which three or more contiguous sites are primarily for occupancy by recreational vehicles for travel, recreation or vacation uses. For mobile home parks, only spaces that are designated and /or are used for recreational vehicles shall constitute a recreational vehicle park. Recreational vehicles and '^� -"�'Pl tFa"^•^ set up for occupancy shall be at least 10 feet from each other and any structures on the property. Whether or not intended for occupancy, they shall be at least 10 feet from all structures not on the same property. For the purposes of these regulations, the term "recreational vehicle park' shall include camping clubs Ps defined in RQV 49.106.9M 8. 20.97.335 Recreational vehicle. "Recreational vehicle" means a motor vehicle, or portable structure capable of being transported on the highways by a motor vehicle, that is designed and intended for casual or short-term human occupancy for travel, recreational and vacation uses without a permanent foundation; identified by model number fRJV , serial number and vehicle registration number; equipped with limited water storage and other self - contained living facilities. For the purposes of these regulations the term "recreational vehicle" shall include 9. trailers as they are not self- contained units. 20.97.337 Recreational subdivision. "Recreational subdivision" means a subdivision created for the purposes of providing private lots primarily for seasonal recreational use. For the purposes of this ordinance, only the following subdivision_, all withiR the Foothills SulgaPea, re to be considered as recreational subdivisions: Mt. °^' "^" Ram SReWli ^c °c;cd;cc Lakes. GcmDerle 192 Planning Division\REZONE ezones 19991ZO1199- 00007-RV ORD3.doc Page 8 112 Planning DivisionU EZONE ezones 1999VON99- 00007 -RV ORD3.doc Page 9