HomeMy WebLinkAboutord1995-031WIL41 COM COUNTY COUNCIL AGENDA BILL NO. 95 -0984
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
ginator.
Division Head:
6/6/95
Planning / County Council
6/20/95
Planning / Council
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJET Ordinance Converting Accessory Dwellings from Conditional Uses to Administrative Approval
Uses, Modifying. the Requirements for Lake Whatcom and Lummi Island, Creating an Administrative
Approval Section for the Resort- Commercial Zone, and Modifying the Requirements of Administrative
Approvals.
ATTACHMENTS: Previous Proposed Ordinance (AB95 -098)
SUMMARY STATEMENT.• Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO YES Requested date:
Amount budgeted for this item /project:
Is it or will it be within budget? YES NO lease explain below
Budget line item number(s):
uc previous proposed Accessory Housing Ordinance .(AB95 -098) was approved by Council and vetoed by the
Executive.
ORIGINATOR'S RECOMMENDED ACTION:
COMMPITEE ACTION TAKEN:
COUNCIL ACTION TAKEN:
6/6/95: Introduced
6/20/95• Amended, Adopted 6 -0
Related File Numbers: Ordinance or Resolution Number (this item only):
AB93 -463, AB95 -098
Ord. 95 -031
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File #03 -95:ZT Accessory Housing . SPONSORED BY: Plannln
PROPOSED BY: Council
IIVTRODUCTION DATE: 6/6/95
ORDINANCE NO.95 -031
AN ORDINANCE CONVERTING ACCESSORY DWELLINGS FROM CONDITIONAL USES TO
ADMINISTRATIVE APPROVAL USES, MODIFYING THE REQUIREMENTS FOR LAKE
WHATCOM AND LUMMI ISLAND, CREATING AN ADMINISTRATIVE APPROVAL SECTION
FOR THE RESORT - COMMERCIAL ZONE AND MODIFYING THE REQUIREMENTS OF
ADMINISTRATIVE APPROVALS.
WHEREAS, the accessory housing ordinance adopted February 1994 was
considered an experiment; and
. WHEREAS, its intent was to help address affordable housing without causing
serious disruption to land use planning; and
WHEREAS, the initial response. has-been much greater than anticipated, with
accessory housing applications representing approximately 35% of the total Conditional
Use permits processed by the Land Use Specialist who handles these permits; and
WHEREAS, based on the above, the Council directed the Planning Commission to
review the Accessory Housing Regulations; and
WHEREAS, a Determination of Non- Significance had been issued on September 1,
1993, by the responsible Deputy SEPA Official; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the
Bellingham Herald on Thursday, January 12, 1995; and
WHEREAS, the Planning Commission held a public hearing on January 25, 1995,
and considered all public testimony during its work session that same evening; and
WHEREAS, after due deliberation and amendments, the Planning Commission voted
unanimously (one abstention) to approve the request; and
WHEREAS, the Council held a public meeting on February 28, 1995 to consider this
matter and determined to hold a public hearing; and
.WHEREAS, the Council held a public hearing on March 11, 1995, and considered all
public testimony; and
. WHEREAS, the Council, at a public meeting on April 11, adopted a modified version
of the ordinance; including increasing the square footage of accessory units to 1,300
square feet; and
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WHEREAS, the Executive subsequently vetoed the ordinance, primarily on the basis
of dwelling unit size; and
WHEREAS, the Council re- considered the ordinance at a public meeting on June 20,
1995, and unanimously agreed to adopt the modified version without the increase in
square footage for the accessory units and with a sunset clause; and
WHEREAS, the Council found the amendments in the best interest of the public
health, safety, and welfare; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
FINDINGS
1. Accessory dwellings have been more numerous than anticipated.
2. Processing them as Conditional Uses delays the applicant and ties up the system
for little purpose as they are based on specific criteria.
3. Utilizing the Administrative Approval process could be a desirable alternative to the
Conditional Use process.
4. Creating a requirement to notify property owners within 300 -feet and having a
formal process to have a hearing when there is a neighborhood concern adds
protection to the Administrative Approval process which could make it a more
useful tool generally.
5. Lummi Island has limitations regarding water and additional density is not
appropriate.
6. Providing flexibility in Lake.Whatcom creates an opportunity to have less intensified
uses in the watershed which is in keeping with the goals and policies for the
watershed.
CONCLUSION
1. Modifying the Administrative Approval process and using it for accessory dwelling
units will streamline the process without precluding protection to surrounding
property owners.
2. Providing the flexibility in the Lake Whatcom Watershed and on Lummi Island to
substitute accessory dwellings for regular dwellings is in keeping with the water
quality goals in these areas.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
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Section 1. Amend Title 20, the official Whatcom County Zoning Code, as follows:
Delete the following Conditional Uses from Title 20:
20.20.158
20.22.161
20.32.158
20.34.160
20.36.169
20.64.165
Add an Administrative Approval Section, 20.64.130, to Chapter 20.64.
Add the following text to 20.20.130; 20.22.130; 20.32.130; 20.36.130; 20.64.130:
132 Accessory apartments or detached accessory dwelling units to single - family
dwellings; ° ^+ in the Lake WN ^ + ^ ^.,, W^ + ^. ^h°d; provided that
......................
(1.) In addition to an existing or permitted dwelling, there shall be no more than
one (1) r;;l 1 of the following: temporary. second dwelling, accessory
apartment, or detached accessory dwelling unit peF let;
(2) The owner(s) of the single - family lot upon which the accessory apartment or
detached. accessory dwelling unit is located shall occupy as their primary
domicile at least one (1) of the dwelling units on that lot;
P roo f et it # >ao tab le w at er
avamlabi st'`'s t':[<t`al € > >arczr`'i~r for the
additional dwelling unit must be obtained prior to application for a building
permit;
(4) There shall be only one (1) front entrance to the house visible from the front
yard. and street for accessory apartments and only one additional entrance
visible from the front yard for detached accessory dwelling units;
(5) An accessory apartment shall be clearly a subordinate part of an existing
residence;
(6) In no case shall an accessory apartment be larger.than 1,000 square feet;
(7) Detached accessory dwellings ;I( eat- not exceed 1,000 square feet;
8 Lon Its ':°'::>»> ::.::.,;<:<>:.><: >: : >:::;.: »: r d t r '«:'>:::;: >' °> ;:: > >'
() g plats a.sa�r.:.at hP.:a g ante of a .,rur�r::;.:;:;.r
eptie„ t1.._..�Te��_1. shall be marked, specifically designating lots
allowed to be developed with accessory apartments or detached accessory
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dwelling units at the option of the developer for future individual owners.
(8) A common driveway serving both the existing unit and any accessory unit.
shall be used to the greatest extent possible;
(10) AdeedreotrctionionaoondedvviththeVVhatoonmCountyAmd itor �t-
building permit issuance, stating:
(a) Detached accessory dwelling units and associated land cannot be
sold separately from the original dwelling; except in the event the
zoning
such a land division;
(b) One of the dwellings must be the primary domicile of the owner.
Add the following text to 20.34.130:
132 Accessory apartments or detached accessory dwelling units to single-family
dwellings provided that all of the following approval requirements are met:
This language is the same as the language for other zone districts above
except that item (11) shaft read as follows:
Amend 20.20.130
20.22.130
20.32.130
20.34.130
20.36.130
20.40.130
as follows:
20.20.130 Administrative Approval Uses
The following uses are permitted subject to joint administrative approval by the DiFeetGF Of
R4t-, na +Rg and the Depa- ty — o;reeeF Of PUprie 1AFca, =,(S, Building pursuant to
WCC 20.84.g...... G`1235.
.131 (no change)
(1) (no change)
(2) (no change)
Approval Requirements
Administrative Approval for temporary second dwelling units shall be eeRsi eFed by
the DiFeetff Gf PlanRing and the Deputy AdmiAiStFatff of the Buildings and Cede
DiViS;„n eF +hei. designee(s) who shall jointly approved ^tee if it is determined
that the proposal meets the following requirements:.... [no change to remainder of
text.]
Amend 20.84.200.235 as follows:
.235 Administrative Approval Uses
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j _... -- ...........,
€ t � 0' plot plan at : 1, ^� rn +-1:� tom„ -1
showing locations of property boundaries, locations and sizes of structures,
access and parking areas, locations and types of water and sewer services,
and locations and types of structures on adjacent properties.
(2) Upon receipt of application materials per section (1) above, the 'Ii ...
.::::.:..:..:.:..:...:.................:..:::::::::::::::::::: :::..::.....:.......:....:...:.
^dmini^+r^+:nr, shall send a notice of ft proposal to all owners of property
subject
t
-a te the ub �
::::......................::::.:..:::...:....:.:...:..:..:....::::.:.. ...................:..:..:..... .
property at least ten (10) days prior to the decision date. "rhe applicant shall
also post public notices of the proposal on all road frontages of the subject
property so as to be visible to adjacent property owners and to passing
motorists. Said notices shall be provided to the applicant by the RIbInn l
.:.:.:.:::::::::::....
[2.:1.1:. .....1 (`...In 11:.,:x:....
iir1lr(':: >:::::'r' M.
remain and shall
t ::: P.::: .
remain in place for at least ten 110) days prior to the decision. An affidavit
of posting that shall be signed,„GtaFized and returned at least one week
prior to the decision shall also be provided at the time of application.
Property owners who have been notified of the proposal shall have a period
of ten (10) days from the date printed on the mailed notice or ten (10) days
from the posting of notice on the property, whichever is later, within which
.......
to u t th'Iart[g.. and v�iapr�ent
written :::.:.....:. .. ..... rx.n.+nr.nn nUr.r.x.r+ OF :r. n:+'i+r. to the in
{4} If the permit is denied, the applicant shall be notified in writing + ":^ f:f +n ^^
................................................................................. ...............................
days of the iRitial applieatien.
The app
a:[:: h l ::b :> t:: c t ::n::t s:: )ifii : lcl le.,^+ has the
.......................................................................................................... ...............................
x.h+ to x,..+.,hl:nh.,.-1 ,I ., .,xd..rx fx,r Axdx.,:r.:n+ra+iye ee:sienn
l: +15� Within five days afteF an AdmiRiStFative ApPFOVal is OFanted eF denied WA
this- seetien, party of record may appeal the decision +^ the u ^ ^r: ^n
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■ ■ _
. .. .. .. ..
_ _ .. .. .._
{4} If the permit is denied, the applicant shall be notified in writing + ":^ f:f +n ^^
................................................................................. ...............................
days of the iRitial applieatien.
The app
a:[:: h l ::b :> t:: c t ::n::t s:: )ifii : lcl le.,^+ has the
.......................................................................................................... ...............................
x.h+ to x,..+.,hl:nh.,.-1 ,I ., .,xd..rx fx,r Axdx.,:r.:n+ra+iye ee:sienn
l: +15� Within five days afteF an AdmiRiStFative ApPFOVal is OFanted eF denied WA
this- seetien, party of record may appeal the decision +^ the u ^ ^r: ^n
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1 e+. For purposes of administering this section, parties of record shall
2 be defined as the applicant, the owner of the property, a-Rd any person who
3 has submitted a written response to the ro osallii> :' :':': °'' l
4Sii( >i': "`t[;( :. Each a lication for appeal of an
5 Administrative Approval shall be accompanied by a fee as speeified �^
6 Seetmen 20 Qn 260(b) Wr G.
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8 Section 2. Increase the unified fee schedule for Administrative Approval Uses from $35
9 to $125.
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11 Section 3. This ordinance, as adopted, or as hereafter amended, is repealed effective
12 June 15, 1996, unless re- enacted prior to that date.
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14 Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of
15 this Ordinance shall not affect or impair the validity of the Ordinance as a
16 whole or any part thereof other than the part so declared to be invalid.
17
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19 ADOPTED this 20 day of .Tune , 1995.
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ATTEST:
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i Counci C rk
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PPRO D as to form & content:
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;KarenFralkes—,divii
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Deputy Prosecutor
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
A J�' ��b
Ro ert A. Imhof, bhairpe son
(✓✓Approved ( ) Denied
Shirley Van Zante , Execu i e
Date: I "w 0
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