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Home My WebLink Aboutord1993-056WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -310 iri inator -'r c:\f2\2\1093. A15 -7 Ll� I E � V E 7 27/93 'Council Introduction Division Head- 5 8/10/93 P &.D / Council Department Head- 7 3 JUL 21 1993 9/14/93 P & D /Council Prosecutor Review - Purchasin Bud et Dir.- ,�� „1)M COUN Y COUNCIL Executive - SUBJECT: FILE REF: 10932T AN ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN AND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ALLOW ONE PRIVATE, NONCOMMERCIAL, RECREATIONAL VEHICLE OR MOBILE HOME PER LOT WITHIN PRE - EXISTING RECREATIONAL SUBDIVISIONS AS A PERMITTED USE IN THE URBAN RESIDENTIAL (UR) AND RESIDENTIAL RURAL (RR) DISTRICTS WITHIN THE FOOTHILLS SUBAREA; AND AMENDING TITLE 20, CHAPTER 94, ENFORCEMENT AND PENALTIES, TO ALLOW CLASS 1 CIVIL INFRACTION PENALTIES FOR VIOLATIONS OF TITLE 20; AND AMENDING CHAPTER 97, DEFINITIONS SECTION. ATTACHMENTS: Agency Report with attached Staff Report Excerpts from Planning Commission Minutes Draft Ordinance Public Hearing Needed? Yes /_/ No /XX/ SUMMARY STATEMENT: This amendment request would allow as a permitted use recreational vehicles and mobile comes on individual lots within areas defined as "Recreational Subdivisions” within the Foothills Subarea only. These subdivisions have been defined in the proposed Ordinance and apply to plats originally created in the Subarea primarily for seasonal recreational use. The proposal contains a number of minimum requirements including Health Department approved sewage disposal systems. It also establishes a civil infraction system applicable to violations of Title 20 in order to improve enforcement efforts. RECOMMENDED ACTION: The Director of Land Use and Economic Planning recommends that Council accept the Planning Commissions recommendation by adopting the proposal. COMMITTEE ACTION (Including dates): 'T+_S Vl vA ..L%c 144A COUNCIL ACTION (including dates): �r �� + Q, J• 7/27/93: Council introduction 8/10/93: Held in committee 9/14/93: Council adopted the ordinance with amendments. Related File Numbers: Ordinance or Resolution Number: Ord 93 -056 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FILE REF. 1093.ORD [c: I f212 U j/o INTRODUCED BY: Consent PROPOSED BY. • PLANNING DATE: 7/27/93 ORDINANCE NO. 93 -056 AN ORDINANCE AMENDING THE FOOTHILLS SUBAREA COMPREHENSIVE PLAN AND THE OFFICIAL.WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ALLOW ONE PRIVATE, NONCOMMERCIAL, RECREATIONAL VEHICLE OR MOBILE HOME PER LOT WITHIN PRE - EXISTING RECREATIONAL SUBDIVISIONS AS A PERMITTED USE IN THE URBAN RESIDENTIAL (UR) AND RESIDENTIAL RURAL (RR) DISTRICTS WITHIN THE FOOTHILLS SUBAREA; AND AMENDING TITLE 20, CHAPTER 94, ENFORCEMENT AND PENALTIES, TO ALLOW CLASS 1 CIVIL INFRACTION PENALTIES FOR VIOLATIONS OF TITLE 20; AND AMENDING CHAPTER 97, DEFINITIONS SECTION. WHEREAS, Dennis O'Sullivan, C/O Mt. Baker Rim Property Owners Group, as represented by Jonathon K. Sitkin, Attorney, has recommended to amend the text of the Official Whatcom County Zoning Ordinance, Title 20, to allow private recreational vehicles as a permitted use in recreational subdivisions such as Mt. Baker Rim in the Urban Residential District (UR); and WHEREAS, after reviewing the proposal, Planning staff expanded the scope of the proposal to include amending the text of the Foothills Subarea Comprehensive Plan, and amending the Official Whatcom County Zoning Ordinance, Title 20 for the Rural Residential District, Enforcement and Penalties, and Definitions Chapters. WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on Thursday, April 15, 1993; and WHEREAS, a Determination of Nonsignificance was issued by the Deputy SEPA Official on February 1, 1993; and WHEREAS, the Planning Commission held a public hearing on this matter on April 28 and May 12, 1993, and heard all public testimony on the issues and held a work session at a public meeting on June 9, 1993, and after due deliberation made a determination that the application be approved with modifications; and WHEREAS, the Council reviewed the Planning Commission recommendation at a public meeting on July 6, 1993, and WHEREAS, the Council has adopted the following findings and conclusions: FINDINGS 1. The request is to expand the uses allowed in the Urban Residential zone to include as a permitted use private, non - commercial, recreational occupancy of one self- contained recreational vehicle, mobile home, camper, or travel trailer per lot. The regulatory effect is limited to the Foothills Subarea. 2. Close to 400 violations concerning recreational vehicle use have been recorded recently throughout the county, predominately in the Foothills Subarea. 3. General Protection (GP) zoning, established in 1974, prohibited the use of recreational vehicles, including those within recreational subdivisions. 4. In 1988, with the adoption of the Foothills Subarea Comprehensive Plan, and in the absence of any private recreational zoning district in Title 20, existing recreational subdivisions were designated either Urban Reserve, Residential Rural, or Rural. Only the Rural district presently allows the recreational use of recreational vehicles. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 42 43 FILE REF. 1093.ORD [c: I f212 U %/o Page 2 The Interim Zoning Ordinance allows "Recreational Vehicle Subdivisions" within the Suburban Recreational Residential (SRR) zone district as a Conditional Use. 6. Whatcom County Code 24.04, contains rules and separate definitions for both recreational vehicle parks and subdivisions. The Health Department, however, only applies these and other standards to two recreational subdivisions within the planning area; the Glen at Maple Falls and Campers Paradise. These two developments are exclusively for seasonal use as required by association rules and do not share the mixed land use with the rest. 7. Paradise Valley Subdivision may be a permanent residence to as many as 25% of the lot owners, where both retired and young couples have found the subdivision to offer affordable lots. 8. The requested text change might be considered in- compatible with Plan policies, unless the associated impacts of RV use are mitigated. 9. The ability of code enforcement people (zoning and health) to know when recreational vehicles are illegally used on individual lots and ensure code compliance is difficult. If a violation is reported, it is difficult to investigate the situation when a vehicle can be easily moved. 10. The amendment would emphasize and legitimize the historic recreational aspects of the subdivisions including the presence of clubhouse recreational facilities, narrow roads, lack of sidewalks and drainage structures, and general proximity to recreational areas. 11. The amendment request would recognize activities which have historically occurred in the area. The existing Comprehensive Plan and implementing zoning did not account for this pre - established use. 12. In 1984, a similar request was presented to the county for Sandy Point Heights. The request resulted in the establishment of a new zoning district, the Seasonal Recreation Residential District (SRR) in the Interim Zoning Ordinance which allowed recreational subdivisions as a conditional use. Benefits of this system include a staff and public review process focusing on specific areas and issues, although this could put an excessive burden on the Hearing Examiner and staff. The major benefit of this system is lots are regulated together and not separately, which encourages internal management. 13. One alternative to the request; which has received some support from the Mt. Baker Rim and Paradise Country Club board members, is to allow existing campers to continue, yet upon change or transfer of ownership the status be discontinued. 14. Enforcement will continue to be a major problem for Whatcom County, with this issue proving to be a classic example. The establishment of a system of civil infractions is a more expeditious and less expensive method of disposing of minor offenses and will decrease the cost and workload of the courts. CONCLUSIONS As discussed in the above findings, the amendment request would recognize activities which have historically occurred in the area. In the absence of a more appropriate Plan designation and zoning district when the Foothill Plan was adopted, the Comprehensive Plan and implementing zoning did not thoroughly examine and provide for this pre - established use. The problem might have been recognized had it not been for the historical lack of enforcement. Lack of enforcement was in part due to the absence of complaints as well as the limited enforcement tools available to county staff. While the practice of mixing the use of RV's, cabins, and homes within recreational subdivisions may not be desirable to all, it does seem to fit the needs of some. .Subdivision associations themselves should be responsible for further refining the land use direction they choose, and the county should recognize a form of land use that began prior to comprehensive planning which continues to be used today, provided that minimum standards to mitigate all significant community and health related impacts are adhered to. 1 2 3 4 5 6 7 8 9 10 11 12 13 1 15 16 17 18 19 20 21 FILE REF. 1093.ORD [c: I f212 "U %lo Page 3 NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL: The Foothills Subarea Comprehensive Plan, and Title 20, the Official Whatcom County Zoning Ordinance, are hereby amended as shown in the attached Exhibit A. The effective date of this Ordinance is September 14, 1994. 2. The Council finds the public health, safety and general welfare are promoted by this change. 3. 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. PASSED this 14th day of September , 1993 ATTEST: Clerk of the Council APPROV AS TO FORM: K ren Frakes Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM OUNTY, WASHINGTON ge Laidlaw, Chairperson ()APPROVED ()VETOED L Shirley Van Zanten, County Executive Date CLERK'S NOTE: The County Executive declined tosign this ordinance, stating that she objected to the September 14, 1994 effective date (for more information, please see her memo dated 10/1/93, on file with AB93 -310). However, this ordinance will take effect without her signature pursuant to Section 2.30 of the Whatcom County Home Rule Charter. Ramona Reeves, Council Clerk 10 -5 -93 FILE REF: 1093.ORD [c: I f212 U j10 Page 4 EXHIBIT A FOOTHILLS SUBAREA COMPREHENSIVE PLAN LAND USE DESIGNATIONS URBAN RESERVE RATIONALE As a means of alleviating the problems associated with outward expansion, the Comprehensive Plan establishes the URBAN RESERVE land use designation. The designation is applied to urban fringe and outlying satellite areas where previous commitments to urban densities and attendant services have been made. The rational for the designation is to reserve these areas for future urbannEs >isiaf e r a Ib purposes and to encourage interim uses that are complementary to and compatible with future ............................. ............... ::::::::::::................::. ur baniiii7EE'$3oal? uses, densities, and services. RESIDENTIAL RURAL RATIONALE Thus, the purpose of the RESIDENTIAL RURAL designation is to provided an alternate residential ""a"' t>"ilt setting where nonurban living patterns may develop with minimal public services. ........... POLICIES 1. URBAN RESERVE The primary purpose of the URBAN RESERVE policy is to promote an orderly transition from rural land uses and densities to ur an us and densities while moving toward b es n , iii € €ailieairetii1> ::.;:,:;:;:.;;;;;:.;;;:.;:;:.;; 9 the attainment of the Regional Design Goal with respect to future urban development. 2. RESIDENTIAL RURAL The intent of the RESIDEN'T'IAL RURAL land use designation is to provide an alternative to the residential living opportunities of urban or rural settings; acknowledge existing parcel sizes; and maintain the existing non - urban character of residential tt`'a5ttia 2.01.1 Within the areas designated as RESIDENTIAL RURAL typical uses include single - family attached and detached dwellings, public parks and Mii'€i`r; recreational facilities, home occupations, cottage industries, and neighborhood grocery stores. FILE REF. 1093.ORD fc: If212U %lo Page 5 TITLE 20 - THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE URBAN RESIDENTIAL (UR) DISTRICT -AND - RESIDENTIAL RURAL (RR) DISTRICT 20.20.050 PERMITTED USES 20.32.050 PERMITTED USES .....:.... : ` >' <;> > > a €eeti €i €ire lease. tst> r t c > i ' #a :': €i t� > z i <; ....................... t i if >'use< X. FILE REF. 1093.ORD [c: I f212 U jlo Page 6 ENFORCEMENT & PENALTIES 20.94.010 ENFORCEMENT AND PENALTIES DEFINITIONS