4. PUBLIC HEARINGS a. Public hearing on revisions to Accessory Dwelling Unit Standards in the Land Development Code LEGISLATIVE

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1 1. CALL TO ORDER AGENDA ELLENSBURG CITY PLANNING COMMISSION City Council Chambers City Hall, 501 N. Anderson St. Ellensburg, WA Thursday September 27, :45 P.M. 2. APPROVAL OF THE AGENDA 3. APPROVAL OF MINUTES a. September 13, PUBLIC HEARINGS a. Public hearing on revisions to Accessory Dwelling Unit Standards in the Land Development Code LEGISLATIVE 5. OLD BUSINESS a. Continue zoning district work session 6. NEW BUSINESS 7. CITIZEN COMMENT 8. STAFF UPDATE/DISCUSSION ITEMS 9. SCHEDULE NEXT MEETING 10. ADJOURNMENT For more information on the Planning Commission, contact the Department of Community Development at or address: The Contents of this agenda have been photocopied on recycled paper. The City of Ellensburg strives to make our services, programs, and activities readily accessible and usable by individuals with disabilities. Reasonable accommodations will be made upon request. Please furnish the ADA Coordinator with your request in sufficient time for the City to provide a reasonable accommodation. A "Request for Accommodation" form may be obtained from the City Clerk (First Floor - City Hall) or by calling the City of Ellensburg ADA Coordinator at

2 COMMUNITY DEVELOPMENT DEPARTMENT 501 North Anderson Street, Ellensburg WA AGENDA REPORT TO: FROM: SUBJECT: Planning Commission Angela San Filippo, Long Range Planner Accessory dwelling units DATE: September 27, 2018 SUMMARY: The Planning Commission previously held four work sessions, at regularly scheduled meetings, from June through August to discuss the City s Accessory Dwelling Unit (ADU) standards. To inform the Planning Commission s recommendations, City staff interviewed seven members of the public that have permitted and/or constructed ADUs in the City of Ellensburg. A summary of the interviews was included in the agenda report that was presented at the August 9, 2018 Commission meeting, The culmination of the work sessions is a Planning Commission recommendation to revise the City s ADU standards to allow for more flexibility in the sizing of ADUs, ensure architectural design consistency, and remove the privacy fencing requirement. BACKGROUND: In 2013 the City of Ellensburg adopted ADU standards which allowed ADUs in all residential zones that are allow single-family dwelling units. The purpose of ADU s, as stated in Ellensburg City Code (ECC) , is to provide infill housing opportunities throughout residential zones, provide affordable housing options, and to provide rental income for property owners. Since the 2013 adoption, 20 ADUs have been permitted within the City of Ellensburg. Attributable to the current population of Ellensburg, the City is not yet required to allow ADUs by the Washington Legislature. However Ellensburg s population is approaching 20,000 people, which is the threshold identified in the statute. To aid in the Planning Commission discussions, Staff interviewed seven people who have gone through the City s permitting process for an ADU, for the purpose of identifying barriers and challenges. See agenda report from August 9, 2018 Planning Commission meeting for interview summaries. The Planning Commission held discussions on the City s ADU standards during regularly scheduled meetings in June, July, and August and reviewed other community s ADU standards. At the Planning Commission s regularly scheduled meeting on August 9, the Planning Commission made several recommendations to revise the City s ADU standards. September 27, 2018 Agenda Report: Accessory Dwelling Units Page 1 of 13

3 ANALYSIS AND FINDINGS: The procedures and criteria for Land Development Code (LDC) amendments are outlined in ECC , as a Type V process. Subsection (A) states that the purpose for an amendment to the LDC (and, where applicable, amendment of the zoning map) is a mechanism by which the city may bring its land use and development regulations into conformity with the comprehensive plan or respond to changing conditions or needs of the city. The decision criteria for an amendment to the LDC are described in ECC (C) as follows: 1. The amendment is in accordance with the comprehensive plan; and 2. The amendment will not adversely affect the public health, safety or general welfare; and 3. The amendment is not contrary to the best interest of the citizens and property owners of the city. [Ord (Exh. O2), 2013.] Staff finds the proposed amendments to the ADU standards to be in keeping with the above criteria as follows: ADUs support many of the housing goals and policies in the City s Comprehensive Plan. For example, increasing the production of a more affordable rental housing option that fits within the scale of existing single-family neighborhoods, supports Goal H-1 which strives to protect and strengthen the vitality of existing neighborhoods. Production of ADUs can also help the City adapt housing stock to accommodate residential growth and provide affordable housing options, in support of Comprehensive Plan Goal H-2. In addition, reviewing and revising the Land Development Code to allow for a wider variety of housing types is identified as an action item in the housing chapter of the 2017 Comprehensive Plan. This action item specifically identifies reviewing and identifying barriers to the development of ADUs. The Planning Commission s proposed revisions to the City s ADU standards are included in the draft ordinance. The proposed revisions are shown with additions underlined and deletions shown in strikethrough. The following is a summary of the Planning Commission s recommendations. Allow for an ADU up to 500 square feet regardless of the size of the primary dwelling unit. Remove the requirement for privacy fencing. Include architectural design consistency language for detached ADUs as well as attached ADUs. PUBLIC NOTICE: Notice of the Planning Commission public hearing was advertised in the Daily Record on September 12, A list of parties interested in Land Development Code revisions is being maintained. All interested parties were notified of the Planning Commission public hearing via . SEPA AND STATE REVIEW: The City initiated the optional SEPA process to provide notice of application and likely Determination of No significance (DNS) for the proposed revisions. Notice was published in the Daily Record on September 8 (Attachment B). The comment period ends on September 28, To date, no comments on the SEPA have been received. September 27, 2018 Agenda Report: Accessory Dwelling Units Page 2 of 13

4 The Washington State Department of Commerce granted expedited review on the proposed amendments on September 10, 2018 (Attachment C). RECOMMENDATION: Staff recommends approving the revisions as presented with the exception of the proposed change in (D)(1) which proposes to modify the calculation of the size of a detached ADU based on the footprint of the primary dwelling unit. Staff recommends keeping the existing language which bases the calculation of the size of a detached ADU on the floor area of the primary dwelling unit. This is consistent with the calculation for attached ADUs in section (C)(1). NEXT STEPS: A public hearing before City Council, to consider the proposed revisions to the Accessory Dwelling Unit Standards, is scheduled for October 15, September 27, 2018 Agenda Report: Accessory Dwelling Units Page 3 of 13

5 ATTACHMENT A September 27, 2018 Agenda Report: Accessory Dwelling Units Page 4 of 13

6 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 5 of 13

7 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 6 of 13

8 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 7 of 13

9 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 8 of 13

10 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 9 of 13

11 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 10 of 13

12 September 27, 2018 Agenda Report: Accessory Dwelling Units Page 11 of 13

13 ATTACHMENT B September 27, 2018 Agenda Report: Accessory Dwelling Units Page 12 of 13

14 ATTACHMENT C September 27, 2018 Agenda Report: Accessory Dwelling Units Page 13 of 13

15 ORDINANCE NO. **** AN ORDINANCE RELATING TO THE CITY OF ELLENSBURG LAND DEVELOPMENT CODE, TITLE 15; AMENDING CHAPTER HOUSING TYPE STANDARDS AND SECTIONS ACCESSORY DWELLING UNIT DESIGN STANDARDS (ADU). WHEREAS, the proposed amendments to Section of Ellensburg City Code (ECC) are consistent with the goals, policies, and programs of the 2017 Ellensburg Comprehensive Plan; and WHEREAS, the 2017 Ellensburg Comprehensive Plan identifies an action item to review and revise the land development code as necessary to allow for a wider variety of housing types and specifically identifies reviewing potential barriers to development of accessory dwelling units; and WHEREAS, the proposed amendments to the Ellensburg City Code were issued a SEPA Determination of Non-Significance on October XX, 2018; and WHEREAS, the proposed ordinance was reviewed by the Planning Commission in a public hearing on September 27, Based on public testimony and other evidence received at said hearing, the Planning Commission developed recommendations to be considered by City Council during a public hearing; and WHEREAS, pursuant to RCW 36.70A.106, notice of the City s intent to amend the Land Development Code was sent to the Washington State Department of Commerce; and WHEREAS, on September 10, 2018, the Growth Management Services Review Team for the Department of Commerce granted expedited review of the proposed amendments; and WHEREAS, the City Council conducted a public hearing on October XX, 2018, where it received and considered public comments on the proposed changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ELLENSBURG DO HEREBY ORDAIN AS FOLLOWS: Section 1. Section Accessory Dwelling Unit Standards of the Ellensburg City Code and Section 1 (Exh. 02) of Ordinance 4656 is hereby amended to read as follows: Accessory dwelling unit design standards (ADU). A. Purpose. Ord. **** - Land Development Code, Accessory Dwelling Unit Standards Page 1 of 5 (09/27/18)

16 1. To provide infill housing opportunities throughout residential zones in Ellensburg; 2. To provide affordable housing options; and 3. To provide an opportunity for rental income for property owners. B. Standards for All ADUs. An ADU is designed and established to be a separate dwelling unit that is accessory to a primary single family dwelling. ADUs can be attached to the primary dwelling or detached. ADUs differ from duplexes in the zoning districts where they are allowed and ADUs are subject to specific size and design criteria relative to the primary dwelling unit. ADUs are prohibited on any lot of record that is currently developed with a single-family dwelling unit that has been converted to a multifamily use. For example, this would include a single-family dwelling unit that has a defined Unit A and a Unit B. Subject to the prohibition above, one accessory dwelling unit is permitted on any lot of record that is currently developed with a single-family dwelling unit provided all of the following conditions are met: 1. No more than two bedrooms shall be provided in an accessory dwelling unit; 2. ADUs shall contain a minimum of 300 square feet in floor area, exclusive of stairways or garage area; 3. One additional off-street parking space shall be required for an ADU; 4. ADUs must be screened from neighboring properties with a six- to eight-foot height solid visual barrier where necessary to protect abutting property owners privacy; and 45. The presence of an accessory dwelling unit must be clearly identified on each entrance by proper numbering.; 5. Regardless of the size of the primary dwelling, an ADU up to 500 square feet may be constructed; 6. The ADU must be architecturally consistent with the primary dwelling unit. Specific standards: a. Exterior Materials. The exterior finish material must be the same or visually match in type, size, and placement the exterior finish material of the primary dwelling; b. Roof Pitch. The roof pitch must be similar to the predominant roof pitch of the primary dwelling; c. Trim. Trim must be the same in type, size, and location as the trim used on the primary dwelling; and d. Windows. Windows must match those in the primary dwelling in proportion (relationship of width to height) and orientation (horizontal or vertical). This standard does not apply when it conflicts with building code regulations. Ord. **** - Land Development Code, Accessory Dwelling Unit Standards Page 2 of 5 (09/27/18)

17 C. Standards for an Attached ADU. Figure (C). Attached ADU example. 1. ADUs may not exceed 40 percent of the floor area of a primary dwelling unit or 1,000 square feet, whichever is less. Exception: the city may allow increased size for an attached ADU in order to efficiently use all floor area on one floor or a portion of an existing house constructed as of December 2, 2013, as long as all other standards herein are met; and 2. Additions to Existing Homes. The ADU shall be architecturally consistent with the principal unit. Specific standards: a. Exterior Materials. The exterior finish material must be the same or visually match in type, size and placement the exterior finish material of the primary dwelling; b. Roof Pitch. The roof pitch must be similar to the predominant roof pitch of the primary dwelling; c. Trim. Trim must be the same in type, size, and location as the trim used on the primary dwelling; d. Windows. Windows must match those in the primary dwelling in proportion (relationship of width to height) and orientation (horizontal or vertical). This standard does not apply when it conflicts with building code regulations; and e. Front Facade. The front facade of the principal dwelling shall not be significantly altered to accommodate an ADU, except where the whole structure is being remodeled. D. Standards for a Detached ADU (DADU). 1. DADUs may not exceed 40 percent of the foot print floor area of a primary dwelling unit or 1,000 square feet, whichever is less; Ord. **** - Land Development Code, Accessory Dwelling Unit Standards Page 3 of 5 (09/27/18)

18 2. Detached DADUs may be separate freestanding structures located to the side or rear of a primary dwelling unit or may be placed next to and/or above a garage; 3. DADUs are subject to the building placement standards set forth for garages for the applicable land use district in Chapter ECC; 4. The site coverage of the DADU and accessory buildings shall not exceed 40 percent of the rear yard area; 5. There shall be a minimum separation of 15 feet between the existing dwellings and the DADU, except where the DADU is built on top of and/or next to an existing garage; and 6. The maximum width of the DADU shall be 75 percent of the width of the lot, including all projecting building elements such as bay windows and balconies. [Ord (Exh. O2), 2013.] Section 62. Severability. If any portion of this ordinance is declared invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion(s) of this ordinance. Section 63. Corrections. Upon the approval of the City Attorney, the City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 64. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage, approval and publication. The foregoing ordinance was passed and adopted at a regular meeting of the City Council on the 20th day of August, MAYOR ATTEST: CITY CLERK Approved as to form: CITY ATTORNEY Publish: Ord. **** - Land Development Code, Accessory Dwelling Unit Standards Page 4 of 5 (09/27/18)

19 I, Coreen M. Reno, City Clerk of said City, do hereby certify that Ordinance No is a true and correct copy of said Ordinance of like number as the same was passed by said Council, and that Ordinance No was published as required by law. COREEN M. RENO Ord. **** - Land Development Code, Accessory Dwelling Unit Standards Page 5 of 5 (09/27/18)

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