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HomeMy WebLinkAboutResolution 01-096-CCResolution #� UJ�C Page 2 of 5 WHEREAS, Desert Aire is the only Rural Village identified in the GMA Comprehensive Plan and Unified Development Code, and; WHEREAS, there exists ongoing litigation involving allegations of the County's failure to enforce land use regulations affecting Desert Aire, and; WHEREAS, Desert Aire possesses unique development characteristics that require careful planning in regards to allowable uses, performance standards, development standards, and; WHEREAS, the Grant County Board of County Commissioners promised the residents in the Desert Aire Rural Village area that the County would undertake an area -specific effort to implement unified development regulation consistent with the comprehensive plan and the Growth Management Act in their area once the County has adopted the updated Unified Development Code, and; WHEREAS, Grant County has initiated the formation of a citizens advisory group in order to supplement and complete those portions of the Unified Development Code that will guide future development of Desert Aire, and; WHEREAS, the Desert Aire Citizens Advisory Committee has completed their review of the Unified Development Code and produced a recommendation to the Grant County Planning Department for zoning and development standards within the Desert Aire Rural Village, and; WHEREAS, it is the intent of the Grant County Planning Department to initiate the Unified Development Code amendment process on the Desert Aire Citizens Advisory Committee recommendation for zoning and development standards in the Desert Aire Rural Village as soon as reasonably possible, and; WHEREAS, the Grant County Board of County Commissioners adopted an Interim Official Control on October 31, 2000 (Ordinance # 00 -136 -CC) temporanly suspending the acceptance of development permits the Desert Aire Rural Village as identified in the Comprehensive Plan and Unified Development Code, and; WHEREAS, after review and due consideration by the Board of County Commissioners, the recommendation reached by the Desert Aire Citizens Advisory Committee appears to be generally consistent with the Comprehensive Plan as well as generally strikes a reasonable balance with regard to zoning, development standards, and private property nghts on an mtenm basis; and WHEREAS, the Grant County Board of County Commissioners acknowledge the need to take interim measures which will allow limited development to occur until the County has completed the Unified Development Code amendment process, and; WHEREAS, if a final plat or final short plat has been approved by Grant County within five (5) years of the date the development application is submitted, a development application for the subject property may be accepted as counter complete, where the requirements for counter complete status under Grant County Code 25.04.150 have been satisfied, and; WHEREAS, a development permit application for a final plat or final short plat approved by Grant County within five (5) years of the date the application is submitted may be approved, provided that the Resolution # - - Page 3 of 5 development permit application complies with all applicable requirements of the Grant County Code at the time of a full and complete application for preliminary plat approval was filed with Grant County, and; WHEREAS, the effective date of this extension shall be 8:00 a.m. July 1, 2001 through December 31, 2001. WHEREAS, it is the hope of the Grant County Board of County Commissioners that this interim measure will only be in effect for a short period until such time as the County has completed the Unified Development Code amendment process, and; WHEREAS, the Board of County Commissioners makes the following findings: An emergency situation exists regarding development in Desert Aire that requires an interim control device prior to completing the formal amendment process of the Unified Development Code. The County has completed its promise and provided the forum for Desert Aire area residents to undertake an area -specific planning process for Desert Aire. which concluded on December 15, 2000 with a final recommendation. The Desert Aire Advisory Committee recommendation generally strikes a reasonable balance with regard to zoning, development standards, private property rights and the Comprehensive Plan for implementation on an interim basis. 4. Grant County Planning Staff will be initiating the Unified Development Code (UDC) amendment process as soon as reasonably possible in order to finalize the zoning and development regulations in the Desert Aire Rural Village. NOW, THEREFORE, The Grant County Board of County Commissioners having made the forgoing Findings do hereby ordain and establish interim development regulations as follows: Consistent with the recommendation of the December 1 j. 2000 Desert Aire Citizens Advisory Committee Report: RVR1: In addition to all applicable County UDC requirements, the zoning and developments standards found in TABLE #4 and TABLE #5 of Attachment "A" shall be administered as an Interim Official Control in the area identified as Rural Village Residential 1 with the exception that the "Residential Floor Area Requirements" proposed in Chapter 23.12 shall not be implemented at this time. RVR2: In addition to all applicable Unified Development Code requirements, the zoning and developments standards found in TABLE #4 and TABLE #5 of Attachment "A" shall be administered as an Interim Official Control in the area identified as Rural Village Residential 2 with the exception that the "Residential Floor Area Requirements" proposed in Chapter 23.12 shall not be implemented at this time. Wherever the requirements of this interim ordinance conflict with the UDC or other laws in effect, that which imposes the higher standard while meeting the intent of the codes shall prevail. Resolution # G? / _ �/ -C C Page 4 of 5 A temporary suspension of the acceptance of development permits shall be enforced on an interim basis for all areas located within the Desert Aire Rural Village not identified in the Desert Aire Advisory Committee Report (Attachment "A") as Rural Village Residential 1 (RVRI) and Rural Village Residential 2 (RVR2) until such time as the County has adopted the required portions of the Unified Development Code. No development permit applications shall be accepted, unless they are in accordance with the provisions herein: A. If a final plat or final short plat has been approved by Grant County within five (5) years of the date the development application is submitted, a development application for the subject property may be accepted as counter complete, where the requirements for counter complete status under Grant County Code 25.04.150 have been satisfied. B. A development permit application for a final plat or final short plat approved by Grant County within five (5) years of the date the application is submitted may be approved, provided that the development permit application complies with all applicable requirements of the Grant County Code at the time of a full and complete application for preliminary plat approval was filed with Grant County. BE IT FURTHER ORDAINED, that the Grant County Board of County Commissioners hereby officially rescind Ordinance #00 -136 -CC which previously suspended all development permits within the Desert Aire Rural Village with limited exceptions. and: PASSED by the Board of County Commissioners in session at Ephrata, Washington, by the following vote, the signed by its membership and attested by its Clerk in authorization of such passage this day of ",F 2001 YEA; _ NAY; _ BOARD OF GRANT COUNTY COMMISSIONERS GRANT COUNTY WASHINGTON Deborah Kay Moore, 5�o missioner ABSTAIN; and — ABSESNT Tim Snead, omrnt"ssioner i01 ATTEST: gy Grigg, CIZVbf the Board LEGAL COUNSEL: Stephen J. Hallstrom, Chief Deputy Prosecuting Attorney Resolution #- C Page 5 of 5 ATTACHMENT "A" BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE: 2001- 96 -CC An Ordinance Relating to the Extension and Adoption of Interim Official Controls for the Desert Aire Rural Village as identified in the Grant County Unified Development Code, allowing limited development to occur in the Rural Village Residential 1 (RVRI) and Rural Village Residential 2 (RVR2) areas as identified and recommended by the Desert Aire Advisory Committee; and, the Temporary Suspension of acceptance of development permits in the area not identified as RVRI and RVR2 by the Desert Aire Advisory Committee; and rescinding the previous Interim Official Control adopted October 31, 2000, Grant County Ordinance # 00 -136 -CC. Recitals: WHEREAS, the Grant County Board of County Commissioners intends to comply fully with the Growth Management Act of Washington, and; WHEREAS, the Grant County Board of County Commissioners adopted a Growth Management Act compliant Comprehensive Land Use Plan in September of 1999, and; WHEREAS, the Grant County Board of County Commissioners adopted a Unified Development Code implementing the Comprehensive Plan on October 1, 2000, and; WHEREAS, 36.70A.390 RCW provides for the adoption of interim zoning controls provided the County holds a public hearing on the proposed Interim Zoning Ordinance within at least sixty (60) days of its adoption; and, that the Interim Zoning Ordinance may be effective for not longer than six (6) months, but may be effective for up to one year if a work plan is developed; and, that the Interim Zoning Ordinance may be extended for one or more six-month period. and; WHEREAS, the Grant County Board of County Commissioners intends to comply fully with the orders and directives of the Eastern Washington Growth Management Hearings Board issued in case no. 99-1- 0016 and 99-1-0019 pending appeal of certain portions of the Board's Final Decisions and Orders to the Thurston County Superior Court, and; WHEREAS, the Grant County Board of County Commissioners have initiated an appeal of the Eastern Washington Growth Management Hearings Board's decision which held Grant County's adoption of Rural Areas of More Intense Development (RAIDS) in the Growth Management Act Comprehensive Plan as being non-compliant with the County -wide Planning Policies adopted in 1993, and; WHEREAS, Desert Aire is classified as a Rural Village, a type of RAID, in the September 1999 Grant County Comprehensive Plan, and; Report of the Desert Aire Advisory Committee Prepared for the Grant County Planning Department December 15, 2000 Prepared by Michael J. McCormick. FAICP 2420 Columbia SW Olympia, WA 98501 There were a number of additional issues raised including lack of notice and apparent health code violations. The nature and scope of the proposed advisory committee was reviewed. There was considerable discussion on the need to have all factions in the community represented on the advisory committee. After considerable discussion, thirteen members of the audience volunteered to serve. It was noted that someone representing the business community need to be added. Several volunteered to secure one more volunteer to serve from the business community. Following the meeting, the fourteen were officially appointed by letter from Mr. Scott Clark, Grant County Planning Director. The advisory committee had three meetings preceded by an organizational meeting conducted by conference call. All three meetings were held in the Desert Aire area, were open to the public and advertised through mailings, entails and posting in Desert Aire. The location and times for each meeting are as follows: • Friday December 1, 2000 at 2:00 p.m. at the Sagebrush Senior Center in Desert Aire. • Thursday December 7, 2000 at 2:00 p.m. at the Port of Mattawa Office on Road 24. • Wednesday December 13, 2000 at 12 noon at the Sagebrush Senior Center in Desert Aire. Meeting summaries were prepared by Mr. McCormick.' Committee Deliberations and Recommendations The information in this section is organized by topic. Topics were discussed in more than one meeting. All final recommendations were reviewed at the last meeting. Desert Aire Rural Village Boundary The boundary of the Desert Aire Rural Village in the Grant County Comprehensive Plan includes an area larger than the original plat and the current PUD. There was considerable interest among the committee members and the citizens in attendance about how the original boundaries had been established, the implications on permitted activities and the advantages and disadvantages of adjusting the boundary. The proposed revised boundary is shown in Table 4 Z Table 1, contains the names and addresses of the Desert Aire Advisory Committee. Table 2. contains a dtaft copy of the appointment letter. 3 A copy of each meeting summary is include in Tables 3A, 3B and 3C. Desert AireAdvisorvCommitteeReport 3 December 15, 2000 Introduction Grant County has recently adopted a new Comprehensive Plan and Uniform Development Code to implement the plan. At the time these were adopted, the Board of County Commissioners elected to not include specific zoning for the Desert Aire Rural Village. This area is centered on the area contained in the Desert Aire PUD but includes adjacent lands, including some areas located east of State Id"ighway 243. Due to considerable local disagreement and controversy, the BOCC elected to delay any specific zoning designations and promised the area's residents that an advisory committee would be established to help identify appropriate designations and attempt to resolve the controversy regarding the use of recreational vehicles. The BOCC enacted a temporary moratorium on new residential building permits until the zoning issues were adopted. The Planning Department established an ambitious schedule for establishing an advisory committee and developing a set of recommendations. This schedule called for the recommendations for the advisory committee to be completed before Christmas. This would permit a formal presentation to the planning commission in January and to the BOCC in February. This schedule anticipates at least two public hearings—one before the planning commission and a second before the BOCC. The Planning Department retained Mike McCormick. a planning consultant from Olympia, to help create and work with an advisory committee from the Desert Aire community to develop a set of recommendations for the Planning Department. The advisory committee was able to reach a general consensus on a set of recommendations that were requested. The committee believes that they have provided sufficient detail to allow the Planning Department to prepare one or more ordinances to effectively implement these recommendations. These recommendations will be developed by the Planning Department and presented to the Grant County Planning Commission early in 2001. It is expected that the Planning Commission will forward the proposal for the consideration of the Board of County Commissioners expeditiously, allowing for appropriate public review and comment. Creation of the Advisory Committee The county convened an initial community meeting in Mattawa on November 21, 2000. Approximately 90 interested citizens attended. The meeting was moderated by Mike McCormick. Mr. McCormick explained the purpose of the meeting was to discuss the current situation and gather the communities recommendations on the creation of the advisory committee and prospective membership There was a robust discussion with many attendees expressing dissatisfaction about both the decision to vacate any zoning for the area and for the imposition of a moratorium. ' It is recognized that detailed implementation may require minor adjustments for consistency elsewhere in Grant County's Comprehensive Plan and Unified Development Code that are not identified here. Desert Aire Advisory Committee Report December 15, 2000 in certain zones. Some changes were to make uses subject to some level of conditional use review. The proposed RVR zone was split into two zones (RVR 1 and RVR 2) to distinguish between single family and multiple family and condominiums. An open space zone was added. A detailed review was undertaken to identify any conflicts between the current set of regulations imposed through the Desert Aire Owners Association.6 The general operating principle was to make sure that the county regulations would not conflict with those imposed by the owner's association. There was considerable discussion about the purpose of the regulations and an interest on the part of several members of the committee to incorporate portions of the owner's association's rules in the County's UDC. The two most significant conflicts involved side yard setbacks in the older divisions and the requirement for set backs on commercial properties. Considerable care was taken to make sure that the full range of accepted uses would be allowed within the open space zone. There was interest in making sure that the golf course would be a permitted use and that utility facilities would be permitted. Provision to allow for continued development of the existing commercial parcels was discussed to assure that the current development standards could be satisfied.8 A final issue was to make sure that community facilities were in appropriate zones.9 The recommended table of permitted uses for each proposed zone is contained in Table 5A. The recommended table of development standards is contained in Table 5B.10 County Enforcement Enforcement of County regulations was recognized as an important element of a new set of zones and development regulations. At the initial community meeting considerable unhappiness was expressed at a perceived lack of enforcement of County regulations. A principle embraced by the committee was that any County provisions should be enforceable. The committee received two presentations: one from the Building Department and a second from the Health Department Ms. Brenda Larson from the Building Department reviewed recent changes to the UDC including a major improvement, switching from criminal enforcement to civil enforcement. The County has already seen the effectiveness of writing citations containing monetary fines in promoting prompt response from violators. Current ' The Desert Aire Owners Association operates under a set of bylaws. a set of covenants, conditions and restrictions and a set of architectural guidelines. They are subject to change by vote of the owners. They were last revised June 24, 2000. The primary uses here ate for wells and their distribution systems. s Current provisions of the Desert Aire development limitations do not require any setback for commercial parcels. The major parcel at the formal entrance to the Desert Aire PUD has considerable development in place with more planned as indicated on their plat map. Review by Grant County Planning Department staff indicated that the parcel could accommodate the proposed setbacks and still permit the existing and Manned development without special consideration. The primary uses here are churches, senior center, fire station and sheriff's station. 10 Table 5A can be found in the Unified Development Code Section 23.04 Table 5. Table 5B can be found in Section 23.12 Table 3. Desert Aire Advisory Committee Report 5 December 15, 2000 The boundaries were established as part of the Comprehensive Plan development. Eligible areas were identified by the Planning Department working with their consultant: Proulx Cearns, Inc. The Growth Management Act establishes strict eligibility criteria for areas to be designated. It furthers details the criteria which must be used to draw the boundaries .4 The committee reviewed the criteria. Two property owners specifically requested that their property be removed from the area to preserve agriculture as the primary use. They expressed concern that they be protected from encroachment from incompatible uses. The committee noted that the Desert Aire Owners Association owned several parcels totaling some 70 acres on the east side of S.H. 243. This property is the current site of the PUD's water tank. In addition, additional properly has been retained to allow for future siting of a sewer treatment facility, should it become necessary. The committee expressed a strung desire to retain this property within the boundary. A reduced boundary has been recommended.' Zoning Designations The committee reviewed a version of the original plat map which indicated the intended uses. The committee express a clear desire to adhere as closely as possible to the original intentions, as indicated on the plat map. Staff presented a proposed partial set of designations. The committee endorsed this proposal with minor changes and extended the designations throughout the PUD area. Additional recommendations were developed for the portion of the area east of S.H. 243. The proposed zoning designations are in Table 4. There was some considerable discussion of what permitted uses could be expected under a specific use category. This included a detailed review of the type, their nature and character based on the new UDC. Development Regulations The current Grant County Uniform Development Code does not contain 4W designated uses permitted for the Rural Village. A primary purpose of the committee was to recommend appropriate uses for the area. The committee reviewed the original recommendations provided by Proulx Cearns, Inc. These were reviewed against uses originally proposed in the original PUD and the previous Grant County Zoning Code. The proposed uses were reviewed extensively and in detail. Specific recommendations were made to change some uses. Some of these changes were to prohibit proposed uses 4 Specific provisions tinder the GMA allow for limited designations of "limited areas of more intensive rival development". This is the provision under which the Desert Aire Rural Village was established The primary requirement is that the area exist prior to July 1, 1990 or when the county initiated planning under the GMA. The boundary must be drawn tightly to areas of more intensive development.. Infill and redevelopment are permitted See RCW 36.70A070 (5) (d). 5 The committee has been briefed on the current case which Grant County has brought in Superior Court challenging the recent decision of the Eastern Washington Growth Management Hearings Board The committee dismissed the potential affect their recommendation might have on this litigation. It is not the intent of this recommendation to be counter to or undermine the County's current case in Superior Court regarding the designation of areas of more intensive rural development in the Comprehensive Plan. Desert Aire AdWsory Conumuee Report 4 December /S, 2000 the recommendation to the Planning Department recognizing that there would be opportunities to present their individual positions as the proposal is reviewed by the Planning Commission and when it is before the Board of County Commissioners for formal adoption. There was considerable desire to adhere as closely as possible to the current version of the Desert Aire Owners Association Restated Architectural Regulations' Section 2.02 which regulates recreational vehicle use. 12 The need for effective enforcement of regulations was recognized. The past enforcement activities of Grant County (or the lack thereof) were noted as a source of aggravation. The recent changes to the Unified Development Code provides a significant change moving from a criminal standard and process, to a civil standard and process for enforcement, as noted above. However, the recent change has not provided sufficient time to gain experience with new practice and the results. t' However, there are high expectations that the recent changes to the UDC will result in more timely and effective enforcement. The committee's recommendation addresses four areas. iz Section 2.02 contains the following: The use of recreational vehicles is subject to the following resmcaons: (a) Recreation vehicles may be parked on a lot with a dwellingirestdence in Division I through Division 9. (b) Recreational vehicles may be parked on a lot not having a dwellingresidence in Division I through Division 7 for a 'limited penod" from Afarch I" through .November 1" ofeach calendar year. (c) Recreational vehicles may be parked on a lot not having a dwellingiresidence in Division 8 and Division 9 during the construction of the dwellingiresidenee for a time period not to exceed one (1) year. (d) Recreational vehicles may only be parked on improved lots that have an approved septic system, water meter, and electrical service. (e) Approval of Placement: Prior to anv placement of a recreational vehicle a site plan and photo of the unit must be submitted and approved by the .Architectural Committee. Refer to 2 03 below for requirements 1) Extension of Placement: Permission may be obtained to extend the time allowed only if the unit is going to be used during the winter months a) A written extension request is required annually sent to the attention of the Architectural Committee. Extension requests must be received by October 1. b) Extension of placement may be demea if the lot is not well maintained or if arty violation exists on the lot. c) Anv unit not requesting extension or denied an extension must be removed b_v November 1. 2) Habitation shall not exceed thirty (30) continuous days. 3) Recreational vehicles may not be occupied for the purpose of commuting to and from a place of employment. Additional Units. One (1) additional recreational vehicle will be allowed on a lot for a time period not to exceed 14 continuous days. Boats and golf carts are excluded from this requirement. 13 Grant County has elected to apply their code enforcement on a complaint basis. By this, the county will rely on written complaints before formal investigations are initiated This decision was made to avoid potential problems with county routine inspections being subject to fairness challenges. There is concern within the Desert Aire community that those who initiate county actions will be subject to retribution from the targets of their complaints. Desert Aire A dvisory Committee Report 7 December 15, 2000 enforcement strategy relies on written complaints. Currently, there is a two-week backlog of complaints at the present time. Mr. Kevin Berry from the Health Department provided a similar presentation of the Health Department's mission, the fact that they are a separate public agency and some of the recent issues in the Desert Aire area. The primary focus of the discussion was directed at sewer and septic issues. W. Berry reviewed the department's enforcement activities. The problem of overloading septic systems was discussed. The fact that the Association currently meters water presented an opportunity to explore viable enforcement. Mr. Berry committed to a future meeting with the Association to explore a cooperative program of monitoring and enforcement. Regulation of Recreational Vehicles The evolution of RV's and the regulation of their siting and use has been a very controversial issue within the Desert Aire PUD. Strong feelings prevail on both sides of the issue of RV's at Desert Aire. The advisory committee thoroughly deliberated all aspects of RV's existence on residential lots and the ramifications connected with prohibiting new ones and gradually eliminating those currently existing on residential lots within the Desert Aire PUD. The advisory committee understands that the current Grant County regulations limit RV's both where they are permitted and the duration of use in any calendar year. 11 The two primary aspects of these regulations are that RV's are not now permitted in any residential zones. Second, county regulations limit the time an RV can be occupied during any year. The committee expressed a strong desire to fairly treat those who have already developed their residential lots to accommodate regular use with their RV's. The existence of RV's in Desert Aire can't be ignored. Their ultimate removal creates questions for fairness and equity. The significant variance in appearance and maintenance aggravates the controversy. Those who use their RV's on a regular basis are important to the Desert Aire economy and to the viability of the development. RV users are attracted to Desert Aire throughout the year, although at a significantly reduced rate in the winter months. Overuse and nuisance activities during a few holiday weekends is a problem, with overcrowding on individual lots being a major complaint. Any resolution needs to give appropriate deference to private property rights. There was considerable divergence among committee members. Several members acknowledged that they had direct interests in the outcome. Some members continue to object to specific elements of the recommendation. All of the committee agreed to make " GCC Section 23.08.300 prcmdes that RV's must be for temporary occupancy that not exceed six months. This applies to RV Parks which are subject to a conditional use permit. Additional restrictions covering RV's and RV Parks are included in the definitions at GCC Chapter 25.02 at page 40. RV's are not permitted as permanent residential facilities nor are they permitted in am residential zone. They are permitted for temporary use under very specific and limited conditions. See GCC Chapter 23.04.120 at page 15. Desert Aire Advisory Committee Report 6 December 15, 2000 Desert Aire Owners Association would enforce the provisions. Other related UDC and Building Code provisions would be enforced by Grant County on a complaint basis. The second option is for the County to adopt a specific period when RV's can not remain as a primary use on residential lots. The County should adopt a shorter period than currently allowed by the Desert Aire Owners Associations provisions. This would rely on the Desert Aire Owners Association for primary enforcement and only requiring County actions should an owner fail to remove their RV as required by the Association's regulations." Establishing a period for owners to remove their RV's from individual residential lots from December I` to March I` would satisfy this suggested provision. If this alternative is selected, the committee recommends a general provision which would allow property owners to be able to bring their RV's back for short periods of time in the winter for recreational purposes. is There was considerable discussion concerning the difficulty of enforcing these provisions. The committee understands that the County needs a clear standard which makes effective enforcement realistic under the current enforcement standards and practices. There were some members of the committee who indicated recent improvements in the effectiveness of the Desert Aire Owners Association suggesting that the general provisions of Section 2.02 of the Architectural Regulations are sufficient regulation. If Grant County were to rely on this method of informal enforcement, the effectiveness needs to be monitored. Should this not prove effective, the County may enact formal regulations It is the expectations of the advisory committee that copies of the report will be distributed to everyone who signed up at one of the meetings. Further. the committee members feel strongly that thorough and timely notice needs to be provided to all of the residents and property owners in the Desert Aire area when the County enters into formal consideration of the ordinances implementing these recommendations. " The Desert Aire Owners Associations regulations exist in three different places: Restated Bylaws: Restated Declaration of Covenants. Conditions. and Restrictions: and. Restated Architectural Regulations. All three documents were revisers effective June 24. 2000 and are recorded with the Grant County Assessor. One issue identified is that these provisions are subject to revision by a vote of the property owners only requiring a majority of those attending the members' meeting. Attendance at recent meetings Is � represented a relatively low percentage of the total membership. It was noted that a small number of RV's are used during the winter for hunting and other winter recreation. This use is generally for short periods of time as over weekends. An effective monitoring program would be required to enforce limitations on length of stay. No specific length of stay is suggested The intent is to allow for weekend use as long as the RV's are not permanently connected to utilities nor retained on residential lots. Desert Aire AdvisorvCommrtteeReport 9 December 15, 2000 1. RV's are not permitted under current county regulations in residential zones and can not be used as permanent residences. t' There should be no residential permits for RV's or their supporting facilities (such as septic systems). This is consistent with current county regulations as noted previously. The county has provisions to allow RV's to be used temporarily under special conditions for up to a year. 2. No new RV's should be permitted, including existing residential lots which are not currently developed. It is important to not making the situation worse by allowing any expansion of RV use on residential lots. The committee acknowledged the potential liability to the County should new RV's be tolerated. The current situation evolved over a period time.." 3. Existing RV use should be phased out over a five to seven year period. Ultimately, RV's should be removed from residential lots. However, the interests of those with developed lots which primarily use them for RV use need to be fairly treated. What was a reasonable and equitable period for removal caused considerable discussion among the committee. The range discussed varied from immediately requiring existing RV's to be removed to allowing a grace period considerably beyond the five to seven year proposal. This period represented a reasonable compromise which would allow existing RV users to amortize their prior investment and adjust to the new regulations. 4. Existing RV's should not be allowed to remain year-round on individual residential lots. RV's use should be limited to short periods throughout the year. Existing RV's should not be allowed to remain on individual lots throughout the year. Those that do occupy their sites during the permitted period, need to be regulated to limit actual use. The County currently limits the occupancy of an RV in several ways. (6 The committee identified two options to implement this provision. The committee's preferred option is to allow the Desert Aire Owners Association to apply and enforce the provisions of Section 2.02. This provides for limited use between March I' and November I". There are provisions for some exceptions to allow use during the winter through a formal written request process. If the first option was selected, the 14 RV's may be parked on residential lots subject to the provisions of GCC Chapter 23.08.020 ( i) at page 4. 15 The current situation evolved over time. The Desert Aire package of regulations clearly specify that the lots are for residential use. (See footnote number 15.) The previous Grant County Zoning Ordinance did not allow RVs on residential lots. There are a variety of contributing factors attributed to creating the current situation: Lax enforcement by Grant County, Lax enforcement by the Desert Aire Owners Association What started as intermittent RV use gradually evolved to more permanent placement on some lots. There was no attempt to place blame for the current situation. The primary focus was resolving the current situation in a reasonable period of time. 16 In addition to the limitations cited earlier, the Grant Countv UDC further limits the duration by prohibiting RVs use for "permanent occupancy". This effectively limits the amount of time an RV may be connected to utilities. In the case of Desert Aire this includes a septic system, public water and electrical service. See Chapter 25.02 at page 33. Desert Aire A dWsory Comm: ttee Report 8 December 15, 2000 TABLE # 1 LIST OF DESERT AIRE ADVISORY COMMITTEE MEMBERS Desert AireAdvisorvCommitteeReport 10 December 15, 2000 Desert Aire Advisory Committee William R. Millard Ray Wells 424 Summer Place S. 99 Airport Way N. Desert Aire, WA 99349 Desert Aire 509.932.4484 509.932.4803 (h) 509.783.5211.12 (w) Lael Ronholt ray@transcribing.com 422 Autumn Loop W Desert Aire, WA 99349 Allen Clow 509.932.4328 103 Sunshine Circle ronholt@quicktel.com Desert Aire, WA 99349 425.226.6624 Ken Miller 509.932.4442 607 Roslyn Ct. ajclow@aol.com Mattawa, WA 99349 509.932.5501 Al Anderson P.O. Box 1562 Tom Truax Mattawa, WA 99349 111 Plum Way N. 509.932.4757 Mattawa, WA 99349 509.932.4101 (w) Bruce Eskildsen 509.932.4553 (h) 107 Airport Way N dfls@bentonrea.com Mattawa, WA 99349 509.932.4811(h) Ray Webber 509.932.4700 (w) 406 S. Edgewater mattawa@quicktel.com Mattawa, WA 99349 509.932.4922 Steve Eckenberg 502 Desert Aire Dr. Bill Briere Mattawa, WA 99349 1944 Duvall Ave NE 509.932.4031 (h) Renton, WA 98049 509.932.4412 (w) 425.228.7170 (w) briere@wolfenet.com Bob Kibler 221 Airport Way N Mattawa, WA 99349 509.932.5403 bkibler@quicktel.com Tex Adams 21411 SW Rd. 24 Mattawa, WA 99349 509.932.4820 509.932.5374 (fax) 509.945.6651 (cell) Revised 12/15/00 TABLE #2 DESERT AIRE ADVISORY COMMITTEE EXAMPLE APPOINTMENT LETTER Desert Aire Advisory Committee Report 11 December 15, 2000 Date GRANT COUNTY PLANNING DEPARTMENT 32 C Street N.W. P.O. Box 37 • Ephrata, Washington 1)8823 Ph: (509) 7542011 Ext. 620 • FAX: (509) 754-6097 To individual Advisory Committee members (See attached list) Dear Mr. : Thank you for volunteering to serve on the Desert Aire Development Regulations Advisory Committee. Grant County and I appreciate your willingness to serve. The advisory committee is being established to help the department draft a set of new development regulations for the Desert Aire community and surrounding area. As you know from the material presented at the November 17`h meeting in Mattawa, the county's new development regulations do not contain any regulations for the Resort Village classification which is unique to the Desert Aire area. This was done to extend a unique opportunity for the community to directly participate in drafting the proposed development regulations. Our timeframe is quite short. The County Commissioners have established at mid- February deadline for considering new regulations. Obviously, completing the new development regulations is necessary before the current emergency moratorium can be removed. The schedule presented to the attendees at the November 17`h meeting anticipates your work being completed by December 121h. The county has retained Mike McCormick to assist the advisory committee complete their work in a timely fashion. In addition to Mr. McCormick, me and my staff will be available to support your work. Again, thank you for your help. Please don't hesitate to contact me if you have any questions. Sincerel ott Clark Grant County Planning Director Cc: County Commissioners Steve Hallstrom, Prosecutor's Office TABLE #3 MEETING SUMMARIES 3A — December 1, 2000 3B — December 7, 2000 3C — December 13, 2000 Desert Aire Advisory Committee Report 12 December 15, 2000 Desert Aire Advisory Committee Meeting Summary December 1, 2000 This is a summary record of the second meeting of the Desert Aire Advisory Committee held at 2:00 p.m. on Friday, December 1, 2000. The meeting was held at the Sagebrush Senior Center in Desert Aire. This was an open meeting attended by a number of interested citizens. Advisory Committee members attending: Bill Millard, Lael Ronholt, Ken Miller, Tom Turax, Bill Briere, Bob Kibler, Tex Adams, Ray Wells, Allen Clow and Bruee Eskilden. The meeting was conducted by Mike McCormick, planning consultant for Grant County. Scott Clark, Grant County Planning Director provided staff support. Public Information and Communication The public information and communication activities were reviewed. Some members had not received materials from the previous meeting through the mail. It was acknowledged that there are very short intervals between meetings. Staff committed to mailing as early as possible to improve the chances that materials would arrive in a timely fashion. Notice of the meeting had not been posted at Desert Aire. Mike McCormick promised that notices for the two remaining meetings would be provided to the Desert Aire office on Monday to enable posting within Desert Aire. The county's web site will be updated to contain information about this project and the Advisory Committee's activities. Scott Clark indicated that the new information would be available by mid -week. The address of the county's web site is www.grantcounty- wa.com. The materials in the Advisory Committee members' workbooks were reviewed. One complete copy of the workbook will be provided at the Desert Aire Association office throughout the project. Each Advisory Committee member received a copy of the October 1, 2000 Grant County Unified Development Code. Review of Proposed Development Regulations The majority of time at this meeting was spent in a detailed review of the list of allowable land uses for the Rural Village category as proposed by the county's land use planning consultant, Proulx Cearns, Inc. A detailed review was conducted of all permitted uses for each of general categories of land use: Residential, Commercial, Industrial, Institutional, Recreational, Transportation, Utility, and Agriculture. There were relatively few initial recommendations for changes or special conditions identified. Those that were identified were: Residential - None; Commercial - Storage and sale of fertilizer, pesticides, herbicides & soil sterilants; Industrial — None; Institutional — None; Recreational — None; Desert Aire Advisory Committee Meeting Summary December 1, 2000 Transportation – Hangers; Utilities – None; Agriculture - Agricultural uses and activities and animal husbandry The discussion identified the need to further distinguish residential zones to include single family, duplex and condominium units. The discussion included how to address common open space throughout the Desert Aire PUD. The staff were directed to prepare alternative maps showing how the draft zoning districts might be distributed throughout the Desert Aire planning area. Boundary of Desert Aire Rural Village The basis of the boundary shown on the map was reviewed. This included a short review of the provisions in the GMA statute and the criteria and application by the county as reflected in the Comprehensive Plan. The primary consideration was the reasons for including land outside the current boundaries of the Desert Aire P.U.D. This led to the next topic—agricultural uses. Agricultural Uses The current boundaries of the Desert Aire Rural Village contain significant acreage of orchards. There have been two requests to make sure that agricultural uses continue as a permitted use and are protected against infringement from incompatible uses. The possibility of adjusting the boundary of the rural village designation on the county's land use map was discussed. Staff were asked to explore how the boundary might be redrawn to address this issue. Notification will be provided to the property owners outside the Desert Aire PUD. It was clear from the discussion and presentation by citizens at the meeting that the parcels shown on the map need to be checked. Two specific examples of where previously platted residential lots had been consolidated and put into agricultural production were identified. Airport Master Plan Status The county's Comprehensive Plan and Unified Development Code contain provisions to protect airports from conflicting uses and navigation obstructions. It was not clear the exact status of the airport's plans and their approval by state and federal agencies. Scott Clark will work with the appropriate committee members resolve any questions about the application of airport protections identified in 23.08.030 of the UDC. Enforcement There was considerable discussion of current Grant County regulations and enforcement practice. A general principle discussed focused on the range of issues needing to be addressed with a general recognition that the county would be responsible to enforce those provisions included in the UDC or other county ordinances. The Desert Aire Desert Aire Advisory Conamttee Meeting Summary December 1, 2000 P.U.D. may have additional provisions above and beyond those in the county ordinances which are in the Desert Aire Association's rules and covenants. These provisions would be fall to the association and their members to enforce. The issue of including some Association provisions in the county UDC was briefly discussed without a decision. A more detailed discussion was deferred until the next meeting with the expectation that a county representative of the Building Department and the Health Department could attend and make presentations on current regulations and enforcement policy. The next meeting of the Advisory Committee is scheduled for Thursday, December 7, 2000 at 2:00 pm. at the Sagebrush Senior Center in Desert Aire. Mike McCormick will confirm the availability of the facility and notify advisory committee members if there is any change. The meeting concluded at approximately 5:15 p.m. This summary was prepared by Mike McCormick. Desert Aire Advisory Committee Meeting Summary December 7, 2000 This is a summary record of the third meeting of the Desert Aire Advisory Committee held at 2:00 p.m. on Thursday, December 7, 2000. The meeting was held at the Port of Mattawa Office on Road 24. This was an open meeting attended by a number of interested citizens. Advisory Committee members attending: Ray Webber, Bill Millard, Lael Ronholt, Ken Miller, Tom Turax, Bill Briere, Bob Kibler, Tex Adams, Al Anderson, Allen Clow, Bruce Eskilden and Steve Eckengert. The meeting was conducted by Mike McCormick, planning consultant for Grant County. Scott Clark, Grant County Planning Director provided staff support. Review Staff Draft of Provosed Development Regulations The staff had prepared a revised proposal following extensive discussions at the previous meeting. The primary change was the addition of two new zoning classes within the Rural Village classification: RVR 2 and RVOSC. The RVR 2 provides for a zone to accommodate multi -family and condominium developments. The RVOSC provides for a zone for the various types of open space. The five proposed zoning types now accommodate a zone for each type of use anticipated in the original plat. The committee made several changes to the designations for some uses in some permitted zones. One clarification was to limit duplexes to the RVR 2 zone. There was an extensive discussion of the nature and character of activities in the open space zone. The committee was interested in making sure that the range of activities now allowed in the proposed open space zone be permitted. At the same time, the committee wanted to make sure that parcels containing irrigation or potable water wells received adequate protection. Review Staff Ovtions for Zoning Desianations The staff presented a proposed partial zoning map which reflected the uses suggested by the original plat map. The committee generally accepted the staff recommendation. A detailed review and discussion followed focusing on the other lands within the boundary of the Desert Aire Rural Village, which includes property not within the Desert Aire PUD. The discussion covered industrial properties and the airport, extent of the commercial core, eliminating agricultural designations by adjusting the DARV boundary and appropriate designations in the remaining portion of the rural village remaining east of St. Highway 243. All issues were resolved for the areas west of S.H. 243 with the exception of making sure that the community activities near the entrance (church, senior center, fire station, sheriff's station and park will be permitted uses at their current locations. Staff Desert Aire Advisory Committee Meeting Summary December 7, 2000 Page 2 will present recommendations for the few remaining parcels east of S.H. 243 which are unresolved. Boundary of Desert Aire Rural Villase The committee is proposing the eventual realignment of overall rural village boundary to exclude agricultural lands. This would include redrawing the boundary to remove the current agricultural tracts in the northeast portion of rural village adjacent to S.H. 243 and the tracts currently in orchards and undeveloped ground south and east of the southern- most residential areas. Presentations on County Regulations and Enforcement Policies The advisory committee received briefings from the Grant County Building Department and the Grant County Health Department on the status of current regulations and enforcement practices. Brenda Larson from the Building Department reviewed recent changes to the UDC and the major change in moving from criminal enforcement to civil enforcement. Ms. Larson indicated that she had already seen the effectiveness of writing citations containing monetary frtes in promoting prompt response from violators. Ms. Larson explained the current enforcement strategy including the county's decision to rely on written complaints as a trigger for enforcement. She indicated that there is a two-week backlog of complaints at the present time. The committee discussed potential benefits of Desert Aire Owners Association receiving copies of new permit applications as a way to avoid conflicts between the County's development regulations and additional requirements which may be in the CC & R's and enforced by the Association. Kevin Berry from the Health Department provided a similar presentation of the Health Department's mission, the fact that they are a separate public agency and some of the recent issues in the Desert Aire area. The primary focus of the discussion was directed at sewer and septic issues. Mr. Berry reviewed the county's enforcement activities. Several examples raised by committee members were currently prohibited and enforceable by the Health Department. The problem of overloading septic systems by too many residents of individual properties was discussed. The fact that the Association currently meters water presented an opportunity to explore viable enforcement. W. Berry committed to having one of the sanitarians meet with the Association after the first of the new year to see if a cooperative program of monitoring and enforcement could be developed. Review County UDC and Reconcile Provisions Advisory committee members had reviewed the UDC and identified several areas where the UDC conflicts with the CC&R's. Scott Clark explained that the County had an adopted policy incorporated in their Comprehensive Plan to allow certain existing Desert Aire Advisory Committee Meeting Summary December 7, 2000 Page 3 developments to continue under the old rules. The County's rules would allow older divisions of Desert Aire to continue developing under the old rules is they were more than 50% developed. The committee members felt that this would apply to the older divisions where there was a potential conflict on setback requirements. Mr. Clark will confirm that this is the case for the next meeting. A second potential conflict appears to exist with commercial properties. The one developed commercial parcel developed without any required setbacks. The UDC does contain setback requirements for all commercial development. Mr. Clark is examining the situation to see if the current configuration of uses within this one parcel meet the current setback requirements. Regulation of RV's This topic was deferred until the next meeting due to a lack of time. The next meeting of the Advisory Committee is scheduled for Thursday, December 13, 2000 at 12 noon at the Sagebrush Senior Center in Desert Aire. The meeting concluded at approximately 6:30 p.m. This summary was prepared by Mike McCormick. Desert Aire Advisory Committee Meeting Summary December 13, 2000 This is a summary record of the third meeting of the Desert Aire Advisory Committee held at 12:00 p.m. on Thursday, December 13, 2000. The meeting was held at the Sagebrush Senior Center in Desert Aire. This was an open meeting attended by a number of interested citizens. Advisory Committee members attending: Bill Millard, Lael Ronholt, Ken Miller, Tom Turax, Ray Webber, Bill Briere, Bob Kibler, Tex Adams, Ray Wells, Al Anderson, Allen Clow, Bruce Eskilden and Steve Eckengert. The meeting was conducted by Mike McCormick, planning consultant for Grant County. Scott Clark, Grant County Planning Director provided staff support. Review of Desert Aire Rural Village Boundary Map The committee reviewed the map showing the proposed boundary adjustment which reflected recommendations made at the previous meeting of the advisory committee. The changes included redrawing the boundary to remove the current agricultural tracts in the northeast portion of rural village adjacent to S.H. 243 and the tracts currently in orchards and undeveloped ground south and east of the southern -most residential areas. The revised boundary reflected the committee's recommendations. Review of Desert Aire Zoning Map The committee reviewed the proposed zonings designations prepared by staff based on recommendations made at the previous advisory committee meeting. The zoning designations for the portion of the Rural Village west of S.H. 234 were reviewed with three small adjustments to reflect the intent of the committee. These adjustments were: (1) The parcel at the NW end of the airport and owned by the Desert Aire Owners Association would be designated for open space. (2) The map would be revised to show all open space in Divisions 1 through 7. The community activities near the entrance (church, senior center, fire station, sheriff's station and park will be permitted uses. The staff's recommendation for proposed designations for the parcels east of S.H. 243 was accepted. This area includes property containing the Desert Aire water tank and land identified for future potential use to support a sewer system. Review of Proposed Development Regulations The staff presented a revised set of allowable land uses for the zones proposed and the accompanying development standards. One change was recommended which would make outdoor recreation developments subject to a conditional use review in the open Desert Aire Advisory Committee Meeting Summary December 13, 2000 Page 2 space and the industrial zones. This would make treatment of open space consistent for all zones in Desert Aire. The revised development standards were accepted with one addition. The three different minimum dwelling unit size currently in the Desert Aire regulations will be incorporated into the County's regulations. A subcommittee consisting of Bill Millard and Tom Truax will work with Mr. Clark on incorporating this provision. There was a discussion of the setback requirements for commercial projects. Mr. Scott explained that the requirement for setbacks is applied to the outer boundary of the parcel. It will not affect the internal layout for the location of buildings nor further limit their areas beyond what is can-ently shown on the parcel map. This was of particular concern for the commercial parcel with existing development located at the entrance to Desert Aire. Regulation of Recreational Vehicles This topic had been deferred from the previous agenda. Mr. McCormick started the discussion by acknowledging the conflict which has been recently generated over the use of RV's within the various divisions of the Desert Aire PUD. He further explained that the current Grant County regulations restrict the use of RV's. The two primary aspects of these regulations are that RV's are not now permitted to be used as a residence anywhere in any residential zones. Second, county regulations limit the time an RV can be occupied during any year. Lastly, the committee should recognize that there should be fair treatment to those RV's already in Desert Aire. There was an extensive discussion of the issues surrounding the regulation of RV's. Some of the issues raised included: Importance of RV's to the Desert Aire economy and viability of the development. Negative effect of some RV's on the property taxes. Wide range of RV's present and the significant variation in maintenance on individual lots. Winter activities that attract RV users. Overuse and nuisance activities during holiday weekends. Relative merits of an abatement program for current RV's. The need to respect private property rights. The discussion included a review of the enforcement programs of the Health Department and the Building Department including enhanced enforcement with the new civil standard and future meetings to explore coordinated enforcement. The committee's recommendation addresses four areas. There was considerable divergence among committee members. Several members acknowledged that they had direct interests in the outcome. Some members continue to object to specific elements of the recommendation. All of the committee agreed to make the recommendation to the Planning Department recognizing that there would be opportunities to present their individual positions as the proposal is reviewed by the Planning Commission and when it is before the Board of County Commissioners for formal adoption. There was Desert Aire Advisory Committee Meeting Summary December 13, 2000 Page 3 considerable desire to adhere as closely as possible to the current version of the Desert Aire Owners Association Restated Architectural Regulations' Section 2.02 which regulates recreational vehicle use. The recommendations are 1. RV's can not be used as a permanent residence. There should be no residential permits for RV's or their supporting facilities (such as septic systems). This is consistent with current county regulations. The county has provisions to allow RV's to be used temporarily under special conditions for up to a year. 2. No new RV's should be permitted, including existing residential lots which are not currently developed. The committee recognizes the importance of not snaking the situation worse by allowing any expansion of RV use on residential lots. The committee acknowledged the Grant County potential liability should new RV's be allowed. 3. Existing RV's use should be phased out over a five to seven year period. The period allowed caused considerable discussion among the committee. The range discussed varied from immediately requiring existing RV's to be removed to allowing a grace period considerably beyond the proposal. This period represented a reasonable compromise which would allow existing RV users to adjust to the new regulations. 4. Existing RV's should not be allowed to remain on individual residential lots throughout the year and their use should be regulated to limit amount of use in a year. Existing RV's should not be allowed to remain on individual lots throughout the year. Those that do occupy their sites during the permitted period, need to be regulated to limit actual use. The County currently limits the occupancy of an RV in several ways: Through the provisions for RV parks and by the definition of "permanent occupancy". The committee identified two options to implement this provision. The committee's preferred option is to allow the Desert Aire Owners Association to apply and enforce the provisions of Section 2.02. This provides for limited use between March 151 and November I". There are provisions for some exceptions to allow use during the winter through a formal written request process. If the first option was selected, the Desert Aire Owners Association would enforce the provisions. Existing County regulations would be enforced on a complaint basis. The second option is for the County to adopt a specific period when RV's can not occupy residential lots. The committee discussed potential dates with some consideration to making it shorter than that currently imposed by Desert Aire Owners Association. This might be from December 151 to March 151. If this alternative is selected, the committee would recommend a provision which would allow property owners to be able to bring their RV's back for short periods of time (weekends?). Desert Aire Advisory Committee Meeting Summary December 13, 2000 Page 4 There was considerable discussion concerning the difficulty of enforcing these provisions. The committee understands that the County needs a clear standard which makes effective enforcement realistic under the current enforcement standards and practices. There were some members of the committee who indicated recent improvements in the effectiveness of the Desert Aire Owners Association Next Steps This concludes the formal activities of the committee. Mr. McCormick will expeditiously prepare the committee's recommendations and forward it to the Grant County Planning Department. It is the committee's hope that this will enable the County to move quickly to remove the current moratorium on residential permits at Desert Aire. Copies of the report will be sent to Advisory Committee members at the same time. Copies will be available through the County and at the Desert Aire Owners Association office. A copy will be posted on the County's and Desert Aire Owners Association web site. Everyone who attended one of the initial community meeting in Mattawa or one of the Advisory Committee meetings will receive notification of the Advisory Committee Recommendations and how they can obtain a copy. Mike McCormick thanked the Advisory Committee members for their diligence and civility. He noted that this was a remarkable amount of work to accomplish in such a short period of time, particularly when it was recognized that advisory committee members were volunteers. The meeting concluded at approximately 5:30 p.m. This summary was prepared by Mike McCormick. 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A R C n W 4• A A R C tSo y cCn _ O •-•, m m •y 7 'J O y •n O n w 's Cc, n t4 LT W, A N to X �. `a O n .•,� r?o .O. ^� h G y y C N R^ H n qa 3�= nay ° Crib: � �•�•�r„'S-•f1O5.�•c a y. <� O• -.i w 5.'Q 0. fe .•. .�+ m O aq C CJ y 00 O H 'JCb m C ti nx 00 v oo n n o to rQo y a 3 r9 cr y: ^, L N 7 CD A O m to ryi, 5 N' A (10 5 C •t7 � O ,� �� m O ..� 5 � co H ._ 1 U2 5. Com. re m m p A O �S n^ c. T° n _ w a wo 0 ° ° c p coo ° = a •b 00 C m ,,, m ri (IQ' G �'Q �^, N D N n a C� O �n o < H �O o= �O 7.^ yy N Ov to n fi x CL 7 pr < Q a Q w ^$ o o x7 y n O D to ^ C °' a n D 0. n92. CD wo C 7 Ci VA• .Q m 00 Cr O O. CL p p to rajue q R n ^ y n UO .. 9 0 � `. �, o o g y �S..tDco» °O s w < °�— o' m a o m W ti Sl Desert Aire Residential WE Development Standards V v .�kru . Minimum Floor Area Requimmems O600 Squaw F. Minimum Floor Area • 900 Squaw F. Muuomm Floor Am 1100 Square Fm Muurva m Floor Area OPanel Boundary ODesert Aue Rural Village Boundary (Cnrrannree Rmom ndamn) ORural Village Boundary(Cu m) v V I 11 V 0.3 0 0,3 0.6 0.0 1.2 1.5 Miles WON Grant Gw ryGiS Staff December 19 2000