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HomeMy WebLinkAboutord2022-013strike�GOM CoG I`4111NG�p� File ID: AB2021-606 File Created: 10/15/2021 Department: Planning and Development Services Department Assigned to: Council Agenda Date: 02/22/2022 Whatcom County Agenda Bill Master Report File Number: AB2021-606 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Version: 1 Status: Substitute Adopted Entered by: CStrong@co.whatcom.wa.us File Type: Ordinance Requiring a Public Hearing Primary Contact Email: cstrong@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Final Action: 02/22/2022 Enactment #: ORD 2022-013 Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning, to provide additional affordable housing options, including allowing and regulating tiny homes and allowing duplexes in planned unit developments SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Proposed amendments to the Whatcom County Code Title 20 (Zoning) to provide additional affordable housing options by allowing and regulating tiny homes and allowing duplexes in planned unit developments. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 10/26/2021 Council WITHDRAWN 11/09/2021 Council WITHDRAWN 12/07/2021 Council WITHDRAWN 01/25/2022 Council WITHDRAWN Aye: 6 Buchanan, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 Abstain: 1 Byrd Whatcom County Page 1 Printed on 212312022 Agenda Bill Master Report Continued (AB2021-606) 02/08/2022 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 02/22/2022 Council SUBSTITUTE ADOPTED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 Attachments: Staff report, Proposed ordinance, Exhibit A, Substitute Exhibit A (2.22.2022) Whatcom County Page 2 Printed on 212312022 PROPOSED BY: Planning INTRODUCTION DATE: 2/8/22 ORDINANCE NO. 2022-013 ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING TO PROVIDE ADDITIONAL AFFORDABLE HOUSING OPTIONS, INCLUDING ALLOWING AND REGULATING TINY HOMES AND ALLOWING DUPLEXES IN PLANNED UNIT DEVELOPMENTS WHEREAS, The County Council is interested in increasing affordable housing options, in particular by amending the Whatcom County Code to allow for the siting of tiny homes. WHEREAS, Planning and Development Services (PDS) has identified that in addition to allowing single- and multi -family dwellings in Planned Unit Developments, allowing duplexes would also increase affordable housing options; and, WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, and public comments on the proposed amendments; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The County Council has expressed interest in increasing affordable housing options, in particular by amending the Whatcom County Code to allow for the siting of tiny homes. 2. Additionally, Planning and Development Services (PDS) has identified that in addition to allowing single- and multi -family dwellings in Planned Unit Developments, allowing duplexes would also increase affordable housing options. 3. PDS submitted an application (PLN2021-00012) to make amendments to Whatcom County's zoning regulations (WCC Title 20) to provide these affordable housing options. 4. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on May 20, 2021. 5. Notice of the subject amendments was submitted to the Washington State Department of Commerce on May 20, 2021, for their 60-day review. 6. On June 24, 2021, the Planning Commission held a duly noticed public hearing to consider testimony on the proposed amendments. 7. The County Council held a duly noticed public hearing on the proposed amendments on October 23, 2021, and reviewed and considered the Planning Commission recommendation, staff recommendations, and public comments on the proposed amendments. 8. The amendments are consistent with the Growth Management Act, Whatcom County Comprehensive Plan, and other applicable requirements. 9. The proposed amendments reflect current local circumstances and promote the general public health, safety, morals and welfare. CONCLUSIONS 1. The amendments to the development regulations are the public interest. Page 1 of 2 2. The amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A. Section 2. Staff is authorized to work with Code Publishing to correct and update any cross- references made ineffective by these amendments. ADOPTED this 22nd day of February 2022. WHATW, tMt"'6 k' 'G91JNCIL WHATCOIVI CbUN*j WAS01NGTON ATTEST; y' 0 6,ana',ro'wr"1Davis, Co.u'ntil Clerk APPROVED ,as to form: /s/ Royce Buckingham (approved via e-mail) /JL Civil Deputy Prosecutor xl ,r I odd Donovan, Council Chair Approved ( ) Denied Satpal Sidhu, Ex cutive Date: ?., Page 2 of 2 ExhibitSubstitute Proposed Amendmentsto the Whatcom County Code to Allow and Regulate Tiny Homes & to Allow Duplexes in Planned Unit Developments Regarding Tiny Homes. TITLE 20 ZONING Chapter 20.80 Suuppleinentaxy Req uiu°ernents 20.80.950 Mobile Home .(i���r�a��aar,ce�Park Standards. ![CES1] All mobile homeshall meet the following standards: (1) !Q )�-o e rks shall bev11p,�jroj!.g _ether a Bidi�€e a_p ).Lsn�WCC��rle 21 iNt (I _and_iivisbJ ar lay_conciorr�ia7iu���r�rsuarrt_ta_C.hapter„6�f„3�1 F CV/ �or7orii�ium (ct�„ra:s� (n either case: a __An organization or individual with proper funding to maintain common facilities and operate the parks shall be provided. b / deciaration cif covenants addressing and ensurir Ion�t,arm cornplianc�_wit.t� the f a-)�._1 _ _.._ ?Vj? pRriate..re_quire_rnen_cs_herein shall bc>_Submitted for reviewand .(. ,Each rental or lease space shall.. be numbered on the site plate and the number shall be rormn. fl.0 ,df__ aged can_ ies,ite., (2) Where not specified by the applicable zoning district, mobile home„parks shall have: (a) A maximum density of mweR— -lease spaces per acre when public water and sewer are provided; (b) A maximum density of t4—fee--3 lease spaces per acre when public water and sewer are not provided; (c) A minimum parcel size of tw .1_acres. -P,YAa er r4-0t- ¢44(3i Mobile home parks shall provide storage area for boats, recreational vehicles, and other large items. storage areas shall be screened consistent with these standards. fFem all stwcwFes net on the sa,me Within a mobile home park, no mobile home, other major structure, or outdoor storage shall be located closer than 20 feet to the perimeter of the site. (64�5J___Along the edges of mobile home parks, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise, or other off -site influences, or to protect occupants of adjoining property from potentially adverse influences within the mobile home park. In particular, extensive off-street parking areas and service areas for loading and unloading other than passenger vehicles, and for storage and collection of trash and garbage, shall be screened. e-Wa£E4=Ft-p!`f3[$Gr�v��-k��1 t-ha lae—,.upp-kewr5,�&d—by a- pass- ,WtepA kal- ,®bteA-T€ N 9-strruetufes;-d,&Vt-1Gp *,nt.-Or--ottle +CA,i-v---iUc�s 4-E>cE�� vttr6y4-to �&(6]There shall be landscaping developed consistent with WCC 20.80.300-(LgLid in within open areas of th__--mobile home not otherwise used for park purposes. Such open areas and landscaping shall be continually and properly maintained. ( UL_Mobile homes shall keep 40%-p,ri�, :-e,,t of the site free of buildings, structures, parking areas,- and other impervious surfaces. ¢W.W,._On-site recreational amenities with at least one substantial facility serving the users of a park or identified area shall bevrovided. Such substantial facilities may include tennis courts, children's play areas with equipment, or a swimming pool. The type and size of facility shall be appropriate to the type and amount of clientele being served. .8-0- ay s {4W _Interior roads within mobile home a-n-J- eer-gat "ma-W�ic[e-parks shall be private, unless the County Engineer determines that the development of public roads is necessary. "L1.O�For each mobile home space there shall be provided and maintained at least two parking spaces conforming with-torequirements of WCC_ 20._80-50o, et se.q.JC7ff_Streq _P . r!<in and LoadiLv Irv. uirerr)errts). In addition to occupant parking, guest and service parking shall be provided within the boundaries of the park at a ratio of one parking space for each two mobile home spaces. Ohere shall be a minimum of 10 feet of separation maintained between all mobile homes on the site. Accessory structures may be located no closer than 10 feet to any mobile home or five feet to other accessory structures. home: parks. shall corrrr5i�_n✓ith WCCjCi�t��7ter 1 [ 0�..(12c c,r�atic�nal Vehicle. Pa_rk_and_Subdi_vision hulas)_reardiin,_utility,p.rovis_ion._Util„it,y_jwastewater, water, electricity) hook;- ups,shall be_?rovided for each rentable or leasable space. 20.80.9 5 Recreational VehWejinclIud pg, y �jonnes_na�-Wheels)_i����s ��a��ard.s_ All recreational vehicle rksshall meet the following standards: 11j__L�ecreationa[ve_hicle aard<s shaEl_be cl€�v_n4ap d throu 0_ itP2e,r Endin Site Plan_ant to WCC -Title 1', (l_and_Division..) or bv_condoMrmuw, pursuanttto C ha,Ater_64.34__RCW_.( _ql dplq.in.iurn ACo.)LLLCrs41. In either case: (a)_. An organization or individual with_orooer fundinF to maintain con -)Mon facilities and__operate. the rks shall be rarovided. A declaration of_c_ovena�ntsaddressirig_ana._ensuri_np�l_o_�-term_con)liance with che._a.rprctpriace requirements herein shall be submitted for review andaoDroval. fc) Fach rental or lease space shall be numbered on the site plan and the number. shall be p_ro rrr i n_E n t ly_ d i s r> l ayed_o n_the_sit e �2i UV11ere nok specifiable.zonin._districr recreationalvehicle r7arl<s shall have: ial.. /!_ maximum ._density ofr1._S_lease_spaces.per acre wh-__n.public water and, sewer are provided- b A maximum. density of 7 lease_s aces_per acric water and sewer are riot orovid fc)_Ae rrrinimum parcel size of 2 acres. 13i__Recreational vehicles set. fo€^ogcc , arncvr shall be least 10 Meat from each other an any structures on thn_n€€pe, ty..Whettheror riot internded`rorecruoaricay,tFtev shad! be at least _10..wfeet from all structures riot on the same €arou�rt�ircrssr L)_Re reatioraai vvehiel€--narks rraayprovide storage area for bgjs recreational_ vehicles, ant€ ether P<a.�e it-e-ms. : ).__ _ Ci-facrt.,landscapedbuffer araa,_crr screenirr connposr.c4_or_suitahle, native ve ctat.ic�n shall be. placed around all commons orage_areas and at of an,y_roc:_reptionai._vehicle _park. The r2urfaose of said buffer is tonrotect on_a year-round basis the aciiacek�t nronery ar roadways `morn uris htliness�visual distraction, and/or _noise impacts. ..The buffer area may be reduced where it can be_cderno_nstraced that alternative screeijipKcan adequatel�r accomplish th.a._.nr1jrp.osns stated, in this subsection. Perimeter b_uffers, shall be supplemented by._a. fence. or other device where tresnass.is a. potantialproble_rrr._ Eck si:ructure.s .develo mgnt,_or_other_acti_v_iti_es shall occur within an..y buffer areas•prov'*0ingLtr�_Isthatare at least 5_feet in width�n ay be Iocaied within those buffer areas, t There shall be Iandsca,FainE_develo ei cconsisient__with_WCC _20,80.300an _(I_dAsc a�np� withiaopn, e areas of recreational vehicle , rksnot otherwise used farpark�?_urtacrses _Such oFaerr areas a_rrd irrnds_ea..nj steal! iae_continupii.Y._a_nd..rnrcan? � _maintained. Recreational vehicie_r?arkrs shall_€<eep..j of the site free of b_uildings,, structures aarkinp areas a.no other im erviou s surfaces. fB_L_Q,q-site_ recreational_ amenities with at least one substantial facility serving the users.. of a park or identified_ area shall_be_Egyideci. Such substantial facilitiesimav inclr�de t�nr7is corarts .rinild,r�n's nlr areas wich_e..nuiprylent., o.r_a.,swimmin_p pool.._ i he type .arid sizes of facility shall be appEppliateta..:the . t.Y.p.g__a.nd._amo_tA ,of_cliernfi,ele beinI,... s. rved. fq.).__Maxirnum length,of sr_. iy_in_r€creational vehicle _..raa_rks..s1rall, riot exceed 1.80 days for any one-'y-, r tirne raeriod. j20).1i7_�erior roads_wit-hi_n._recreational ._ vehicle parksshall be}_private, ,.unless _ he Count r gi_neer determines that the develoomenL c f_ublic roads is necessary. recreational vtiV�icle._parks shall.-corply_with_WCC Cha Ater �.O�i�i�ecraaticanal-_Vehicic._I?arl< and uhdivision Rules) regard_in_ut;ilityrovision Utilitywascewaier waterelec�ricity�!hra€,ks sha@i g._provid ci for each „rentable or leash ie scHY.._dcsEP;€�ate€�_�€�r parEcmodel tt aL r- crs6�_a id lyre 1 THOWs._5paces_desi Yn_ated solely_ for self-contained recreational vehicles may -use communal facilities. Chapter 20,97 Definitions 20.97.250 Mobile Home okoa, Manuf actu red _Home . "Mobile home" means a dwelling rnit_designed for long-term human habitation by one family and having complete living facilities; constructed and fabricated into a complete unit at a factory and capable of being transported to a location of use on its own chassis and wheels; identified by a model number and serial number by its manufacturerti and designed primarily for placement on an impermanent footing. This - includes ma.nufact,ured._ti,ny hornes (s_ee- "Ti ,n_y-Home."—_A unit .�hk4i-Q.)at was originally built as a mobile home but vv,�nk*-has substantially lost its mobility bra';-hy..being placed on a permanent footing, i6Ie tr�n ue and axle r rnoed s(<irLL is installed, and w.Nki i ,that wholly meets state standards for such units, shall not be considered to be a mobile home and shall be treated as a single-family dwelling for the purpose of thisrnz-ca,dee�� ve s� a�ren� ter 20.97.255 Mobile Home Park. "Mobile home park" means any parcel or adjacent parcels of land in the same ownership vv4=ic-h-thatt_is -utiNzed-used_for occupancy by more than two mobile homes. This term shall not be construed to mean campgrounds, recreational vehicle parks, or tourist facilities for camping. 20.97.292 Park Model Trailer. "Park -model trailer" means a trailer designed to provide seasonal or temporary living qua rters;_,-v iCA are not self-contained and _thus _vnay,-Li( cLJJsCbe u�iecfwilh--temporarily connected&- to utilities n ec;e-scary--for operation of installed fixtures and appliances-,-It-has a gross trailer area not exceeding 400 square feet; o—r and is approved by the state as a park model trailer. This includes, Type I T.HOWs ce "f iny Home on Wheels"). 20.97.335 Recreational Vehicle. "Recreational vehicle" means a motor vehicle; or portable structure capable of being transported on t-h highways by a motor vehicle;,, that- -s-designed and intended for casual or short-term human occupancy for travel, recreational, and vacation uses without a permanent foundation; identified by a model number (RV), serial number, and vehicle registration number; aL�d equipped with limited water storage and other self-contained living facilities. For the purposes of these regulations, the term "recreational vehicle" shall include self-contained campers, motor-homes,zll pc_, �irry iTl rr7e.yon Whee(s,and travel 4 trailers, ar44-but'shall not include park model trailers or -Type 1 Tiny Home on Wheels, as they are not self-contained units. 20.97.340 Recreational Vehicle Park. "Recreational vehicle park" means a parcel of private land in which three or more contiguous sites are primarily for occupancy by recreational vehicles for travel, recreation, or vacation uses. for -Within mobile home parks, only spaces that are designated and/or are used for recreational vehicles shall constitute a recreational vehicle park. g€e�ti�kes€lee€�oeea�ball�aiea�e a!€as€rm afk�s€�e®�t��r€r[cEs�l=For the purposes of these regulations, the term "recreational vehicle park" shall include camping clubs. 20.97A35.03 Ti Home. A tiny home is a dwelling unit that is 400 souare feed: or less in floor area (excluding sleeping loftsgCM81), For the purposes of this code there are twfafour_types of tiny homes, as described below. Fji-,- 14+g,-- n-,e�f ,aial see-G-- 484: 1. Site -Built Tiny Herne. A tiny home built on -site on a permanent foundation that meets the minimum requirements ofthe International Residential Code (IRC), including provisions of Aw)endix R, and is reviewed and inspected by Whatcom County. For the purposes of this rode they are equivalent to and are permissible under the same rules as any standard single-family dwelling. 2, Tinv.Home ,on Wheels1TNUWs�w_A„I my hlome on_Wheels is aportable structure licensed to be transported on the highways by a motor vehicle. For the purposes of this code there are three subcategories orrtiypes of_'c_,iny, homes_o,n_wheels;_ a. Munufactured Tiny Home. A faetGry-bw-4 tiny home bearing a certification tag from the Washington State Department of Labor and Industries (Ltd) or other approved third party inspection agency stating it is approved for use as a single-family residence per the current edition of the International Residential Code (IRC) or Housing and Urban Development (FIUD) requirements. Manufactured tiny homes usually have wheels and a chassis when they corne out of the factory, and typically have the wheels removed prior to placing it on its manufacturer -approved foundation. For the purposes of this code they are equivalent to and are permissible under the same rules as any standard mobile home. b,___„ "Type 1_,THOIN" is a -TFiOW designed and intended for casual or short-term human Occupancy-fortrave_l, recreational, vacation,_ and_. othertemporaryuses without a permanent foundation. Type 1 THOWs are not self-contained, and thus needs to be temporarily connected to utilities necessary for operation of installed fixtures and appliances. For the purposes of this code they are _equivalent to and are permissible under the same rules as for Park Model Trailers. c. "Type 2 THOW" is a -I FIOW designed and intended for casual or short-term human occupancy for travel, recreational, vacation,an_d other temporary uses without a permanent foundation, Type 2-THOWs are self-contained and may use communal utility services (water, w scewam�e.r.�,..,_F,��r the_ urpc ses-of this code theY..are ecru__iva_le.nt._t2._ and are_.pe_rmissible...uncier the same rules as or Recreational Vehicles...(RVs); : __a-TFiFc3 £ I �'v�rbd£� �Q?rri �E=1e_u i�{�� 3`4����iaL?�-�Si?r^-cuSQ'x�"� :3wC�"�-%1{b���•ieVS���E} r�'ci�33r3�'�+i'-:)^<-:.�:�" "�?if _:-`� o f i6ti Yi L d3t i a �+ts,ess-without 0' a d 'e fee E3'Y l r esC_ !_l ( d-bei.Io- h al-Q&Twl"-SC',- - ��a�a"e_c-t�c���;u�;�("t�i-ems-„ ��e�...9f-t-ih4S-G a t 7a �?_.. ' ✓ rr-s-zr-T O\Aj t-h-a-'E4s- -e I did? _et 'f 43'" Fay=�b��"Jo- d�i c-'cE'-- i�--c Title 20 ZONING 20.85.050 Permitted Uses. .051 Uses Ilowed ,.in a planned unit development shall include thse permitted, accessory, and conditional uses allowed in the underlying zone district(s),_as -well as such other uses as provided in WCC 20.85.052 to-thrQLIgh 20.85.055. For areas located within a Water Resource Protection Overlay District, the more restrictive use provisions of Chapter 20.71 WCC shall apply. .052 In addition to the uses allowed in the underlying zone, the following uses shall be allowed outright aA4ey-ram when they are only serving the pfa,t1ned_unit development and w4w,�r(--all other applicable standards are met: (1) Community buildings; (2) Indoor recreation facilit(�}sy, including athletic clubs or fitness centers, racquetball courts, swimming pools, tennis courts, or other similar uses; (3) Outdoor recreation facilities, including swimming pools, tennis courts, recreational trails, or similar use; and (4) Recreational vehicle storage areas. .053 Even tl tnF2y ni not„k�e_al,fow c in tiwe�i7derlyin z ne�s), , planned unit development may also, authorize ad-d--the following additional land uses �c����������:: �������; provided the criteria of WCC 20.85.054 are met: (1) Fofs In the Urban Residential and Rural zones, jw€execs attd cml.multifamily dwellings consistent with the density requirements of the underlying zone, except as that may be modified by the provisions of WCC 20.85.108_lEensit Ir�creases�. The number of units attached may be greater than would otherwise be allowed by the underlying zoning_; (2) In 1 the Urban Residential and Urban Residential Medium zones, lexg-s j,nd_ki-_sioithose uses allowed in the Neighborhood Commercial zone a-r-&-may_also be permitted. In addition, both resort- and non -resort -oriented transient accommodations, such as inns or hotels, may be permitted; provided, that: (a) The total number of sleeping units shall not exceed 50% ja&f-ce-at of the total number of dwelling units that would be allowed on the property by the underlying zone regulations; (b) Each sleeping unit shall count as one dwelling unit for the purpose of determining the total number of dwelling and sleeping units, in combination, permitted on the property; (c) It can be demonstrated that the overall development will not generate more traffic than conventional residential development at the density allowed in the zone;. (3) lni ,,r--the General Commercial zone, those uses allowed in the Urban Residential Medium zone are zapproWriateallowed;_ (4) in_li Resort Commercial zone: (a) Multiple single-family dwellings per lot are permitted if developed as condominiums under state law; and (b) Single-family attached dwellings (at a base gross density of sk-o, n-,7_units/acre);-ano. (5) In kaa--the Light Impact Industrial zone, those uses allowed in the Urban Residential Medium, Neighborhood Commercial,and-�e-r General Commercial zones are �i<illc�wed. .054 In order ta-axpan-ior,those_additional uses listed ,.AeAm d-in WCC 20.85.053._to be.a.uthorized, the applicant s atl,m,us1: demonstrate: (1) That the primary land use activity of the planned unit deve lop men t-s4'j#-he4-h ;:se--�e.s-.is, one allowed by the underlying zone district; (2) That the e-ypa4— €de .nd_ ition,al,.uses will benefit and serve the residents or employees of the proposed plan ed unit development; and (3) That all other applicable approval criteria and standards are met. .055 Where a proposed development is located in two or more zone districts, the uses allowed in the applicable districts may be located on any portion of the site; provided, that all applicable standards are met. .056 For purposes of determining appropriate standards, the requirements of the zone district allowing the use would apply. If the use is allowed by two or more districts, the lesser standards would apply.