31.02.263 Limited areas of more intensive rural development.
Clallam County, like many Washington counties, is characterized by areas of more intensive rural development such as higher density residential, commercial, industrial, or mixed use development that are located outside of urban areas. These developments may or may not be served by sewer, water, fire, and other public services. The uncontrolled expansion of such areas of intensive, nonrural uses tends to promote sprawl and threaten the rural character. Counties found these existing developments are difficult to reconcile with State growth management goals and requirements for rural areas. At the same time, many of the resource industries that have traditionally provided jobs and income to rural residents have cut back operations or even disappeared. Many rural residents expressed a need for more employment opportunities and convenient services in rural areas.
The 1997 amendments to RCW 36.70A.070(5)(d) of the Growth Management Act (GMA) provided further direction for the rural element of a county’s comprehensive plan, including guidelines for limited areas of more intensive rural development, or LAMIRDs. These amendments provide flexibility for more varied economic uses in rural areas, while maintaining rural character and scale.
The 1997 amendments recognized the opportunity that existing developed areas might offer additional jobs, services, and varied housing choices for rural residents while limiting impacts. The amendments allowed LAMIRDs as exceptions to the rural plan element requirements, while retaining protections for rural character and the operation of resource uses. Most significantly, the amendments required that counties establish logical outer boundaries, based on the boundaries of existing development, to contain more intense development.
RCW 36.70A.070(5)(d) describes three different types of LAMIRDs. The first type is rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential or mixed use areas, as provided in RCW 36.70A.070(5)(d)(i). This type of LAMIRD must show that the area was developed more intensively on or before July 1, 1990. The second type of LAMIRD is the intensification of development on lots containing, or new development of, small-scale recreational or tourist uses that rely on a rural location and setting and are generally allowed in the rural area per RCW 36.70A.070(5)(d)(ii). Finally, the intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses may be generally allowed in the rural area under RCW 36.70A.070(5)(d)(iii). For the latter two LAMIRD types, intensification or expansion of these businesses will be limited to the existing lot.
(1) Background. Prior to the 1997 amendments to the Growth Management Act to establish criteria and guidelines for LAMIRDs, Clallam County had designated more intensive rural development areas uses as part of the original adoption of its growth management comprehensive plan and implementing zoning controls in 1995. These areas of more intensive rural land use were designated in each of the County’s four regional planning areas totaling approximately 12,000 acres, or 1.1 percent of Clallam County’s land area.
On August 28, 2007, the County adopted Ordinance 827, which formally designated existing areas previously designated and zoned for more intensive rural development as LAMIRDs under RCW 36.70A.070(5)(d). The County had reviewed these existing areas and concluded that they qualified as LAMIRDs based on the criteria set forth at RCW 36.70A.070(5)(d), as well as based on local circumstances as set forth at RCW 36.70A.070(5)(a). A record of that review was prepared and is contained in the September 2006 Clallam County LAMIRDs Report, as supplemented in May 2007.
Clallam County’s LAMIRDs designated under Ordinance 827 were challenged to the Western Washington Growth Management Hearings Board (WWGMHB). On April 23, 2008, the WWGMHB ruled on the nature and boundary lines of 20 LAMIRDs and found them noncompliant with the Growth Management Act and for certain LAMIRDs issued a determination of invalidity.
The criteria for designating LAMIRDs are set forth at RCW 36.70A.070(5)(d). The WWGMHB has interpreted those criteria as follows:
Fundamental to the establishment of a LAMIRD is the requirement that it be based upon “existing areas and uses” as established . . . by the built environment . . . Once that area and use determination has been made, then a logical outer boundary is to be established which contains and limits expansion of those areas and uses to appropriate infill within the logical outer boundary. Therefore, when establishing a LAMIRD the County must FIRST identify the built environment, as of July 1, 1990, so that it may be minimized and contained as required under the GMA. In determining the built environment, the Board has stated:
• Vested rights does not equate to the built environment.
• The built environment includes those facilities which are manmade, whether they are above or below ground.
• Subdivided or platted land, although occurring prior to 1990, which remains undeveloped may not be considered part of the built environment as the Legislature intended this term to relate to manmade structures.
Once the built environment has been identified, the County must establish the LOB for the LAMIRD by considering the criteria set forth in RCW 36.70A.070(5)(d):
• The need to preserve the character of existing natural neighborhoods and communities,
• Physical boundaries such as bodies of water, streets, and highways, and land forms and contours,
• The prevention of abnormally irregular boundaries, and
• The ability to provide public facilities and public services in a manner that does not permit low-density sprawl.
(2) Compliance Response. Clallam County conducted compliance reviews of those LAMIRDs that were found by the WWGMHB to be noncompliant and/or invalid under the Growth Management Act. A record of those reviews included proposed strategies for achieving compliance with the Growth Management Act and is contained in the Clallam County LAMIRDs Report, as the “2008 and 2009 Compliance Review Supplements.” The County’s compliance response resulted in the following revisions to the Comprehensive Plan, Comprehensive Plan Land Use and Zoning Map, and Zoning Code, all as described in more detail in the “2008 and 2009 Compliance Review Supplements”:
(a) Provisions and policies contained in the County Comprehensive Plan and Regional Plans relating to the designation of LAMIRDs were revised where necessary to achieve compliance with the Growth Management Act.
(b) In implementing the revised policies relating to LAMIRDs, the logical outer boundaries of 16 LAMIRDs were adjusted, four areas previously designated as LAMIRDs were removed entirely from LAMIRD status, and new LAMIRDs were designated at Blyn, Solmar, Dungeness Meadows, East Sequim Bay, and Marine Drive. Parcels that were excluded from LAMIRD designation as a result of these adjustments were rezoned to a less intensive rural designation or to a resource land designation. Parcels that were included in the LAMIRD designation as a result of these adjustments were rezoned to a more intensive rural designation.
(c) To implement the revised policies relating to LAMIRDs, the zoning standards for the following comprehensive plan and zoning map designations were adjusted for the purpose of clarifying that any future development must be similar to “uses of such type, scale, size, or intensity as already existed as of July 1, 1990,” consistent with the criteria for Type I LAMIRD designations under RCW 36.70A.070(5)(d)(i): Rural Neighborhood Commercial (RNC), Rural Limited Commercial (RLC), and Rural Center (CEN).
(d) To implement the revised policies relating to LAMIRDs, new comprehensive plan and zoning designations were adopted and applied as follows:
(i) Rural Village Low (RV2) under Chapter 33.15 CCC with the same uses as Rural Village but allow a maximum residential density of one dwelling per acre, and applied to the south portion of Dungeness Village, consistent with the predominantly built environment existing as of July 1, 1990.
(ii) Tourist Rural (TR) under Chapter 33.15 CCC that allows for small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses that rely on a rural location and setting, but that do not include new residential development, and applied to the Crescent Beach LAMIRD, as adjusted, consistent with the criteria for Type II LAMIRDs under RCW 36.70A.070(5)(d)(ii).
(3) Designation. The 17 comprehensive plan land use and zoning designations listed in Table 31.02.263(A) are adopted as LAMIRDs under RCW 36.70A.070(5)(d). The boundaries of these 17 LAMIRD land use and zoning designations are shown on the Clallam County Comprehensive Plan Land Use and Zoning Map, which is comprised of the four Regional Comprehensive Plan Land Use Maps, as amended, adopted under this title. One or more of the 17 LAMIRD land use and zone classifications described in Table 31.02.263(A) are associated with designated areas of more intensive rural development within Clallam County. The general locations of Clallam County LAMIRDs are depicted on Map 31.02.263(A).
Clallam County LAMIRDs are described in detail, together with detailed maps, in the “2006 Clal-lam County LAMIRDs Report,” as supplemented (LAMIRDs Report), and as subject to the revisions of the “2008 and 2009 GMA Compliance Supplements,” all of which are hereby incorporated by reference.
(4) Goal and Policies. The intent of these goals and policies is to guide development of the County’s existing LAMIRDs and the future designation of additional LAMIRDs. The goals and policies contained in this section supplement and, to the extent they contradict, supersede any policies contained elsewhere in this Comprehensive Plan and the respective regional plans associated with the various LAMIRDs identified in this section.
(a) Goal 1. Allow for the designation of LAMIRDs outside of urban growth areas based on existing rural residential communities or villages, areas of mixed use activity, isolated areas of commercial and industrial activity, and historic towns.
(b) Policy 1. Identify and designate LAMIRDs in the rural area, consistent with the requirements of the State Growth Management Act, Chapter 36.70A RCW, and with this title.
(c) Policy 2. Infill, development, and redevelopment within LAMIRDs may include commercial, industrial, and urban residential uses where uses of such type, scale, size, or intensity already existed as of July 1, 1990, but shall not extend beyond the LAMIRD’s boundaries.
(d) Policy 3. Infill, development, and redevelopment within LAMIRDs is subject to the constraints of public facilities and services, water and sewage, and protection of critical areas, as well as all other applicable local, state, and federal regulations.
(e) Policy 4. In order to maintain rural character, infill development and redevelopment within LAMIRDs should minimize impervious surfaces in order to maintain a more “open” or “rural” atmosphere; should have increased setbacks, buffers, and screening to separate land uses from adjacent rural residential zones; should incorporate measures to reduce the impacts of noise, odor, and traffic; and should require high-quality landscaping designed to protect rural character.
(f) Policy 5. Any request for a change in LAMIRD boundaries constitutes a proposed Type C Comprehensive Plan and Zoning Map amendment under the Clallam County Comprehensive Plan at CCC 31.08.305(3), and under the Clallam County Zoning Code at CCC 33.35.015(3).
|
General LAMIRD Type |
Regional Planning Area |
|---|---|
|
Rural Residential LAMIRDs |
|
|
Urban Residential High (URH) |
Sequim-Dungeness (Sunland) |
|
Urban Residential Low (URL) |
Sequim-Dungeness (Sunland) |
|
Rural Suburban Community (RSC) |
Sequim-Dungeness (Bell/Highland Hill) |
|
Rural (R1) |
Sequim-Dungeness, Port Angeles, and Straits (Various areas) |
|
Western Region Rural (RW1) |
Western (Various areas) |
|
Quillayute Residential (QR) |
Western (Various areas) |
|
Rural Moderate (R2) |
Sequim-Dungeness (Various areas) |
|
Rural Center/Village LAMIRDs |
|
|
Blyn Rural Center (CEN) |
Sequim-Dungeness (Blyn) |
|
Rural Village (RV) |
Sequim-Dungeness (Dungeness Village) |
|
Rural Village Low (RVL) |
Sequim-Dungeness (Dungeness Village) |
|
Western Region Rural Center (WRC) |
Western [Sappho, Lake Pleasant, Quillayute Airport, and Mora Road/La Push Road Junction (Three Rivers) areas] |
|
Rural Commercial/Mixed Use LAMIRDs |
|
|
Rural Commercial (RC) |
Sequim-Dungeness (US 101-Three Areas) |
|
Diamond Point Airport (DPA) |
Sequim-Dungeness (Diamond Point Airport) |
|
Rural Neighborhood Commercial (RNC) |
Sequim-Dungeness, Port Angeles, and Straits (Various areas) |
|
Rural Limited Commercial (RLC) |
Sequim-Dungeness, Port Angeles, and Straits (Various areas) |
|
Tourist Commercial (TC) |
Western (Beaver, Whitcomb-Dimmel Road, and US 101 Bogachiel Bridge areas). |
|
Small-Scale Recreational LAMIRDs |
|
|
Tourist Rural (TR) |
Straits (Crescent Beach Area) |
