HomeMy WebLinkAboutPlanning May 6 20141
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
May 6, 2014
CALL TO ORDER
Committee Chair Ken Mann called the meeting to order at 3:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(3:01:03 PM)
Present: Ken Mann, Barbara Brenner and Rud Browne.
Absent: None.
Also Present: Carl Weimer, Barry Buchanan and Sam Crawford.
COMMITTEE DISCUSSION
1. PRESENTATION BY PLANNING AND DEVELOPMENT SERVICES STAFF ON
ISSUES EFFECTING COUNTY CODE COMPLIANCE AND ENFORCEMENT
(AB2014 -177)
Sam Ryan, Planning and Development Services Department, stated they are happy
to receive Council suggestions for improving compliance and enforcement. She introduced
staff. Staff, other agencies, and the public all ask for enforcement. It's a complicated
issue.
Suzanne Bosman, Planning and Development Services Department, described the
enforcement process. Enforcement cases take longer than they used to. Enforcement staff
have to deal with land use permits that have conditions set by the Hearing Examiner, which
put citizen complaints on hold. If the Council wants more code enforcement, determine
what the Council wants and how to measure the success rate, which will require staff, but
not necessarily code enforcement staff. The code is complex and ambiguous.
Mann asked and there was discussion of how many staff the department would need
in a perfect world.
Jack Louws, County Executive, stated he plans in the 2015 budget to add one full -
time enforcement person and more support staff in the department so qualified people can
work more on higher level duties. They will also bring forward changes to the code to
streamline the process.
Mann asked and there was discussion of the difference between processes for
enforcing permitted activity and code violations.
Browne asked and there was discussion of the consequence for a citizen for being
out of compliance and whether fines are issued to the property or property owner.
Planning and Development Committee, 5/6/2014, Page 1
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The following staff answered questions:
• Royce Buckingham, Prosecutor's Office
• Tyler Schroeder, Administrative Services Department
Mann stated he's more concerned about enforcement against violations that impact
neighbors. He asked and there was discussion of the priority assigned to a house built
without a permit and other types of violations.
Brenner asked and there was discussion of whether work done by Tyler Schroeder
was related to these issues and about beekeeping in the rural residential zone.
Mann stated he would like to fix the code regarding several issues on which there are
enforcement issues, including having 250 or more chickens on a half -acre, the motocross
tracks issue, the vacation rentals and weddings issue, beekeeping, and the home occupation
ordinance.
Crawford stated there are two issues. One issue is staffing. Another issue is with
making the code more efficient and streamlined. He stated and there was discussion that
this committee could request staff to prepare and bring forward some of the easier code
changes. Executive Louws suggests addressing staffing and budget issues through the
budget process.
Louws stated they have docketed this year the ability for the County to make
changes. Council must encourage staff to go through the process to address the easier
code changes. The discussion today is to highlight challenges that staff is having. He
supports going forward with staff preparing and bringing forward some easier code changes.
Brenner referenced complaints about mobile food trucks. She asked and there was
discussion of whether a use is allowed if it's not in the code.
Browne asked and there was discussion of the difference between enforcement
issues and lack of clarity in the code.
Brenner referenced home occupations on Council packet page 101. She asked and
there was discussion of whether they want to encourage family -owned home occupations.
Mann asked and there was discussion of illegal recreational vehicle (RV) parks
causing waste stream problems and why it is nearly impossible to enforce this code.
Brenner stated rules must be reasonable and still protect public health.
Mann stated the vacation rental by owner (VRBO) and motocross track complaints
are getting attention from citizens. He asked and there was discussion of the status of the
motocross complaints.
Browne asked and there was discussion of whether there are statutory timeframes
for enforcement.
Mann stated and there was discussion of the status of the VRBO complaints.
Buckingham gave a staff report on whether rentals are banned in the county and
whether vacation rentals are allowed in various zones. Vacation rentals, which have rental
periods less than 30 days, specifically aren't addressed in the code. Since these codes were
Planning and Development Committee, 5/6/2014, Page 2
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written, times have changed, and some people have legitimate complaints about
unreasonable uses.
Mann asked and there was discussion of why these VRBO units aren't considered a
hotel.
Browne stated Whatcom County Code (WCC) 3.36 addresses a transit occupancy tax.
He stated and there was discussion that people are benefitting from the tourist industry in
Whatcom County, but are not paying the lodging tax.
Weimer asked and there was discussion of whether the zoning code is the right place
to address VRBO and motocross issues and enforcement against disturbing the peace.
Sherry Lambert referenced the motocross complaint and described activity on the
property. The property owner is changing the landscape and cutting trees. The County
should take an aerial look at the property. The activity hasn't stopped.
Peter Willing stated the lack of enforcement inspires disrespect for the governmental
process, and things get worse. Don't be preoccupied with amending the code without fixing
the fact that enforcement doesn't exist. Regarding the beekeeping issue, bees are important
to the agricultural and environmental economies.
John Sutley stated the houses in his neighborhood are close, even though the zone is
rural, one unit per five acres. Neighbor's activities affect others. The Health Department,
Fire Department, and others have said vacation rentals are legal. The impact of non-
enforcement is that it promotes noncompliance. There has been no enforcement for
violations in his neighborhood regarding excessive density without septic system upgrades.
The County isn't looking at the big picture. There needs to be a culture change in terms of
code enforcement.
Paul Taylor referenced the low priority from staff on a code enforcement issue
regarding VRBOs in his neighborhood in the watershed. These are hotels that add stress to
Lake Whatcom health. They all advertise a resort experience that can sleep eight to ten
people, which is too much for the septic system. VRBOs can be operated without any
impact to neighbors, but these resorts are advertising that it's okay to have parties and
engage in other loud activities. They lower his property value, and they don't benefit the
lake or the greater good. They only benefit the business owners. The Council needs to
address the concern, especially in the watershed.
Jan Willing stated they live next to an unpermitted wedding venue. Despite
enforcement requirements, the use keeps expanding. She asked how much the County
took in from fines and whether the amount can fund a new staff position.
Denise Mendelssohn stated it's hard to believe that there is no code reference for
VRBOs. The VRBO definition should overlap to bed and breakfast or hotel regulations. The
Sheriff has been very responsive, but it's not likely a deputy will patrol her neighborhood.
Citizens will only get help through the Council. With two pending sales, there will be five
VRBO homes in her very small neighborhood.
Sally Harper stated she lives in the Lake Whatcom neighborhood with the VRBOs.
There is overuse of the septic system and water, which increases phosphorous runoff into
the lake. The neighbors have been issued a cease and desist letter that threatens a $1,000
per day fine, but the use has continued. She asked how neighbors can help document the
Planning and Development Committee, 5/6/2014, Page 3
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violations and when the fines will be collected. The County should take the next step of
sending the violation to the Prosecutor's Office. It shouldn't take long to create a
notification letter.
Mann asked and there was discussion of whether there is clarity on whether or not
the VRBO use is prohibited and whether the County issued a cease and desist letter to the
unpermitted resort on Lake Whatcom. He agrees that lack of enforcement undermines the
government's credibility and erodes respect for the law. He's glad that Executive Louws is
considering adding staff. The suggestions from Ms. Bosman in her staff report are great.
He supports adding staff to enforce the 200 outstanding enforcement issues.
Crawford stated he lives next to a vacation rental that is quiet. The Council must be
cautious on that issue. The impacts are varied. He doesn't understand why they would
single out Lake Whatcom. The topic of allowing people to rent out their homes is a broad
issue. It will be good to look at the issue. They could consider a noise ordinance
countywide after 10:00 p.m., as an example of an alternative.
Mann stated he's not suggesting that staff bump the VRBO complaint to the top of
the list, but there must be enforcement on all the pending violations. This committee needs
to discuss giving direction to staff to come up with specific improvements to these and other
frequent issues. He'd like to see those code improvements and suggestions from staff.
Browne stated he agrees with getting a recommendation from staff on what the rules
should be. Don't create regulations that are one - size - fits -all. They live in a changing world.
Mann asked how the Council can help staff. Bosman stated there are issues bigger
than those issues getting the most complaints. Her suggestions would be fairly easy
amendments.
Louws stated he suggests that the committee recommend that the Council move to
encourage staff to bring to the Council code changes to mitigate these major concerns,
including VRBO, within 90 to 120 days. Staff will put time into it and work proposed
ordinances through the system. Leave the direction open- ended. Regarding the VRBO,
they can work on the Lake Whatcom area first. Staff will bring forward potential solutions
and look at the enforcement portion of the code to see if there are code adjustments to
make the process more efficient.
Crawford asked and there was discussion of whether Whatcom County Code Chapter
9 regarding morale, peace, and public welfare is ever scrubbed. It's antiquated.
Browne moved to recommend that the Council request the administration to come
to the Council with recommendations for solutions to the more problematic enforcement
issues.
The motion carried by the following vote:
Ayes: Mann, Brenner and Browne (3)
Nays: None (0)
OTHER BUSINESS
There was no other business.
Planning and Development Committee, 5/6/2014, Page 4
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ADJOURN
The meeting adjourned at 4:45 p.m.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ken Mann, Committee Chair
Planning and Development Committee, 5/6/2014, Page 5