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HomeMy WebLinkAboutord1994-002S WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93 -463 CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: nator: Gordon Rogers Division Head: Daniel W. Taylor 11 -15 -93 E C E Q � p E © v NOV 17 1993 WHATCOM COUNTY T COUNCIL 11/23/93 Council Introduction 11 -16 -93 12/7/93 P &D / Council Dept. Head: /25/ 94 Council /Hearing Prosecutor: Purchasing /Budget: Executive: SUBJECT- File #21- 93:ZT; An ordinance amending the text of the Official Whatcom County Zoning Ordinance, WCC 20.20 (Urban Residential), 20.22 (Urban Residential Medium Density), 20.32 (Rural Residential), 20.34 (Rural Residential Island), and 20.36 (Rural) to allow detached accessory dwelling units as a conditional use with some restrictions. Also to amend 20.97 (Definitions) adding detached accessory dwelling units as a conditional use. (Planning Commission File 21- 93:ZT) A TTACHMENTS: Agency Report, Staff Report with draft text amendments "ATTACHMENT A" Final amendments recommended by Planning Commission "ATTACHMENT C" Draft Planning Commission Minutes Proposed Ordinance AMARY STATEMENT- Please complete sections of box as appropriate & explain the item below. Related County contract #: Should Clerk schedule a hearing? NO 1X1 YES / / Requested date: Amount budgeted for this item /project: $ Is it (or will it be) within budget? YES / / NO / / (Please explain below) Budget line item number(s): This request for text amendment originated with a group, known as the Ad Hoc Housing Committee, comprised of housing purveyors and others interested in affordable housing. The amendment provides for detached accessory dwellings as a Conditional Use in UR, URM, and Rural zone districts. The Council directed the staff and Planning Commission to consider these amendments; the Planning Commission gave them priority. The amendment request has been expanded by the Planning Department to include amendment of Agriculture and Rural districts to enhance the ability of owners of Agriculture- and Rural -zoned land to provide seasonal or permanent housing for farm workers. ORIGINATOR'S RECOMMENDED ACTION. The Director of Land Use and Economic Planning recommends County Council adopt the recommendations of the Planning Commission. . COMMITTEE ACT /ON TAKEN: COUNCIL ACTION TAKEN: 11/23/93: Council Introduction 12/7/93: Scheduled for hearing 1/25/93 1/25/94: Council adopted the ordinance. 7 -0. (Amendments) Related File Numbers: Ordinance or Resolution Number (this item only): Ord 94 -002 1 gwr\21- 92ZTn.ord2 /2/94 SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 11/23/93 ORDINANCE NO.94 -002 AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) CHAPTERS .20, .22, .32, .34, .36, .40, AND .64 TO REVISE REGULATIONS ACCOMMODATING DETACHED ACCESSORY DWELLING UNITS AS A CONDITIONAL USE AND TO MAKE APPROPRIATE CORRECTIONS TO SECTION .97, DEFINITIONS WHEREAS, the County Council has requested that the text of the Whatcom County Zoning Ordinance (Title 20) be amended to provide for "detached accessory dwelling units" as a Conditional Use; and WHEREAS, the Planning Department expanded the request to include appropriate amendments to the Definitions section of Title 20; and WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Bellingham Herald on August 21, 1993; and WHEREAS, A Determination of Non - Significance was issued by the Deputy SEPA Official on September 1, 1993; and WHEREAS, the Planning Commission held a public hearing on the requested text amendments on September 8, and October 13, 1993 and work sessions on October 13, and November 10, 1993 and heard all testimony; and WHEREAS, the Planning Commission, after due deliberation, voted 7 -0 recommending adoption of the amendment; and WHEREAS, the Council, at a public hearing on January 25, 1994, separated the accessory dwelling portion of the amendment from the migrant worker portion and found the accessory dwelling portion and attendant definition 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. Water availability will impose limitations on the use of conditionally permitted detached accessory dwelling units; availability of water hook -ups, approval by water purveyor, potential for transition to public wells, and approval by the Environmental Health Page 1 Department. Such limitations will serve as deterrents to unacceptable density increases resulting from this request. 2. Sewage treatment capacity will be reviewed and approved by the Environmental Health Department. Land availability for a reserve drain field and level of soil permeability will be limiting factors. A substantial improvement or additional septic system will result in most cases. 3. The accessory unit shall be built with the same landscape and appearance as the surrounding neighborhood and use a common driveway. 4. Auto trips generated as a result of this request may create some congestion in more densely populated areas. 5. The Conditional Use Process is an adequate tool for detached accessory dwelling units in that it will be based on a case by case basis and be subject to public comment. 6. Dramatic density increases are unlikely due to multiple natural and imposed constraints such as water availability, lot size and orientation, wetlands, expense, and the Conditional Use permit process itself. 7. The Lummi Island Plan stipulates that residential density is established by water supply. Any unplanned density increase on Lummi Island resulting from these amendments could jeopardize a sensitive balance on the island. Lummi Island, therefore should be excepted from the provisions of these amendments until an adeqaute water supply is available. 8. Properties within the Lake Whatcom Watershed should be excluded from the provisions of this ordinance due to documented and ongoing concerns for Lake Whatcom water quality. CONCLUSIONS It is clear that there is a need for more affordable housing in Whatcom County. Approval of this request for text amendments allowing detached accessory dwelling units will contribute to availability of that housing. While the potential would exist, with approval of this request, for very large numbers of detached accessory units, in reality, multiple constraints will act to appreciably limit that number; and the Conditional Use permit process itself will provide additional controls. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance (Title 20) sections 20.20.150 Urban Residential, 20.22.150 Urban Residential Medium Density, 20.32.150 Residential Rural, 20.34.150 Rural Residential Island, 20.36.150 Rural, 20.64.150 Resort Commercial (Conditional Uses); and 20.97 Definitions are hereby amended as shown in "Appendix A ". Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 25th day of Jan- , 199 -4r ATTEST: t Ramona Reeves, Council Clerk APP OVED as to form & content: C kkAIZ-� ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ro ert Imhof, Chairper on (v Approved ( ) Denied Shirley Van Zan en, Execu ' e Date: 2-- 1 Page 3 gwr \2/3/94 file #21 -93ZT \acchsg.txt APPENDIX A REVISED TEXT AMENDMENTS FOR ACCESSORY DWELLING UNITS URBAN RESIDENTIAL 20.20.150 Conditional Uses (2) The owner(s) of the one family ii 1 ; 1 lot upon which the accessory apartment ........................ ;i : ............................... r#rlg;is located shall ,occupy ;: least one (1) of the . dwelling units on thati. lot; (4) There shall be only one (1) front entrance to the house visible from the front yard and streetiz'r�' Ailram''::> %i < It ral Ma ;E.. (5) An accessory apartment shall be clearly a ........................... subordinate part of an existing building aet simply by an attased 13Feezeway 9F peFeh, and Gf FROM than one dweliffiRg i gwr\2/3/94 file #21-93ZT\acchsg.txt .......... ...... .. ............. .. ..... 1. ............... .... t ..... . . .. ... ................. "d ....................... URBAN RESIDENTIAL - MEDIUM DENSITY 20.22.150 Conditional Uses (Same as 20.20.158 above) gwr \2/3/94 file #21- 93ZT \acchsg.txt RESIDENTIAL RURAL 20.32.150 Conditional Uses .158 (Same as 20.20.158 above) RURAL RESIDENTIAL ISLAND 20.34.150 Conditional Uses I 1 t .160 Accessory apartments < ; i` :: : ':....: single-family v�WW�; 20.20.158 a RURAL rovided that: (balance of text same as 20.36.150 Conditional Uses .169 (Same as 20.20.158 above) RESORT COMMERCIAL 20.64.150 Conditional Uses t'� (Same as 20.20.158 above) DEFINITIONS 20.97 Definitions 003 Accessory Apartment An accessory apartment is a separate and complete residential unit designed for occupancy by a family:: with e OF +..,,...,,,,.„b eFS that l g substantially contained within the structure of a single - family %xiltit unit and y4th there is internal access between units. -FA M, M gwr \2/3/94 file #21- 93ZT\acchsg.txt 0 wall, usually with . tside eRtFaReesfeF eaeh wmit— thesingle eeeupaRey by twe families. building designed -ref 0