STAFF REPORT TO PLANNING COMMISSION

Transcription

1 STAFF REPORT TO PLANNING COMMISSION MEETING DATE: SUBJECT: PROPONENT: APPLICATION TYPE(S): FILE NUMBER(S): REQUEST: PROJECT LOCATION: SUBMITTED BY: June 23, 2016 at 7:00pm Accessory Dwelling Units (ADU) Residential Low Density Zone City of Blaine Community Development (Maddie Ottley) Zoning Text Amendment ZTA-2-16 Zoning text amendment to Chapter 17.34, Residential Low-Density Zoning District, to allow attached and detached accessory dwelling units (ADUs). Residential Low-Density Zoning Districts Community Development Services AGENDA LOCATION: x Public Hearing Unfinished Business New Business ATTACHMENTS: A. Zoning Text Amendment application B. Notice of Determination of Non-Significance C. Notice of Public Hearing D. Existing regulations for ADUs BMC E. City ADU Guide F. Public Comment Mr. Wylie G. Public Comment Mr. Thatcher NOTE: The materials that constitute the official record are on file with the Community Development Services Department and may be reviewed upon request. SUMMARY As initiated by City Council on August 24, 2015, staff is processing an amendment to consider allowing attached and detached Accessory Dwelling Units (ADUs) within the Residential Low (RL) Density zoning district. In 2010, the Planning Commission recommended approval of a zoning text amendment and comprehensive plan amendment that created regulations, and allowed for attached and detached ADUs in the Single Family One (SF-1), Single Family Two (SF-2), and Planned Residential (PR) zones, which was adopted by City Council in January of ZTA 2 16 Staff Report Page 1 of 4

2 This proposal is to allow for attached and detached ADUs in the RL zoning district. The development regulations for ADUs have already been previously approved and are established in BMC and can be seen in Attachment D. ADUs are complete separate dwelling units that are located on the same lot as single-family home. They can be an attached or detached, but completely separate, living space. ADUs feature all of the essentials one needs for a complete housing unit including its own sleeping, cooking, and bathroom facilities. The most common type of ADUs is attached units. These are usually converted basements, garages, or attics, renovated up to City code, to provide an additional housing unit with all essential living facilitates; separate from the main residence. Another type of ADU is detached structures. These are located at the rear of the main single family residence, and can be the conversion of a complaint garage or attic space above a garage into a complete separate living unit or creation of a new structure similar to a cottage. The previously approved Accessory Dwelling Units, A Property Owner s Guide to ADU Development serves as a City approved guidance document detailing four different kinds of detached ADUs. It illustrates ways a detached ADU can be added to a property. Attached ADUs are not addressed in the guide, because they are interior modifications and are highly specific to the existing structure. PROCEDURAL INFORMATION The required public notification for a Zoning Text Amendment has been completed pursuant to BMC The Commission must make a recommendation to City Council for approval or denial. The Commission can also direct staff to make further changes and bring the proposal back at a later date. A SEPA (State Environmental Policy Act) Threshold Determination was made on June 9, The City issued a Determination of Non-Significance (DNS). ANALYSIS The Single-Family One (SF-1) and Two (SF-2), and Planned Residential (PR) zoning districts currently allow for ADUs as a permitted use. The Residential Low Density zone is similar in purpose and density requirements to these other three zones. The Residential Low Density zone is slightly more restrictive for building setback requirements (i.e. larger setbacks). However, all four zones have the same setback requirements for accessory structures. Accessory structure setbacks apply to construction of garages, sheds, and detached ADUs in the SF- 1, SF-2, and PR zones. If approved these regulations would also apply to detached ADUs in the RL zone. Since garages and sheds are of a similar construction to ADUs, staff does not believe surrounding neighbors would be unduly burdened by this new type of development. The buildable size of an ADU is dependent on the area of the proposed lot, and can vary in size from 600 square feet of net floor area, to a maximum of 1,000 square feet. Affordable and compassionate housing for the elderly, disabled, and other persons is one of the main reasons ADUs were approved originally in One of the main reasons why ADUs were approved in 2011 was to promote density in developed areas, enhance the City s ability to accommodate population growth and encourage diversified housing stock that will enhance housing choices for residents. Goal 1 in the Housing Element of the current Comprehensive Plan is to, encourage the development of a variety of housing types and prices, including an adequate supply of housing in a ZTA 2 16 Staff Report Page 2 of 4

3 price range affordable to employees at available jobs in Blaine and housing which meets the needs of senior citizens. In addition, Action A of Goal 1 states, The code shall encourage the development of ADU s that provide a diversified housing stock and generate housing densities appropriate to the applicable residential densities. ADUs can provide affordable, compassionate, and independent housing options for the elderly, disabled and other persons like adult children. A common concern regarding ADUs is the stereotype of noisy, messy renters. However there are existing regulations to address this concern. BMC stipulates the occupancy permit will only be valid so long as either the main residence or ADU is occupied by the majority owner of record. This regulation is recorded against the Property Deed with Whatcom County Auditor s office, and runs with the land for future land owner s use. In conclusion, staff does not believe the addition of ADUs within the RL zone would create an unduly burdensome nuisance. PUBLIC COMMENT At the drafting of this letter, the Community Development Services Department has received one written correspondence regarding the proposed amendment, which can be seen in Attachment F. BMC requires the Planning Commission to review all proposed amendments to Chapter 17 of the Blaine Municipal Code, hold public hearings, and make recommendations to Blaine City Council. FINDINGS OF FACT 1. The City has complied with all administrative and notification requirements to conduct an amendment to the Blaine Municipal Code; 2. The Code Amendment does not have any apparent conflicts with the provisions of the Comprehensive Plan; 3. The Code Amendment has been processed to date in compliance with Blaine Municipal Code section , Processing Amendments; 4. The Code Amendment has undergone SEPA review and a Determination of Non-Significance was issued on June 9, 2016; 5. Resolution No from Blaine City Council initiating amendments to Blaine Municipal Code to allow accessory dwelling units in the Residential Low-Density zoning district; 6. The Planning Commission held a public hearing on June 23, 2016 to gather input from the public and consider the record before making a recommendation to the City Council. ZTA 2 16 Staff Report Page 3 of 4

4 RECOMMENDATION The Community Development Director suggests that the Planning Commission recommend that the City Council approve ZTA-2-16 as detailed in Attachment A of the staff report. Submitted by: Signed Madeline Ottley, Community Planner I Date: ZTA 2 16 Staff Report Page 4 of 4

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8 Chapter RL RESIDENTIAL LOW-DENSITY ZONING DISTRICT Sections: Purpose Uses Design standards Residential low-density (RL) standards Purpose. The intent of the residential low-density (RL) district is to maintain and create an environment which meets the needs for single-family detached residential housing, with small accessory apartments, by restricting uses within the district and by establishing a minimum lot size and a maximum density. (Ord (Exh. A), 2012; Ord (Exh. A), 2010; Ord , 2007; Ord , 2003) Uses. Permitted uses shall be as defined in Table A. Table A P = Permitted Use C = Conditional Use P C Single-Family Residence Accessory Apartment (Refer to Chapter BMC) Accessory Structure Home Occupation (Refer to Chapter BMC) In-Home Care Facility (Refer to Chapter BMC) X X X X X Church Day Care Center Golf and Country Clubs Major Development X X X X Refer to Chapter BMC for conditional use regulations. (Ord (Exh. A), 2012; Ord (Exh. A), 2010; Ord , 2007; Ord , 2003)

9 Design. Accessory dwelling units shall be complementary in design to the primary structure or must comply with the Accessory Dwelling Unit Design Guideline templates as determined by the Director Residential low-density (RL) standards. A. Building Placement B. Building Height Setbacks (measured to foundation) Maximum Limited to two stories plus livable attic space. 30' Front 25' C. Open Area Rear 30' Minimum 40% of total property area. Side (interior) 8' D. Lot Standards Street Side (corner lot) 19'9" Minimum Width 70' Rear (corner lot) 8' Minimum Area 7,200sf Accessory Structures (Chapter BMC) Structure Setbacks: 4' side; 8' rear. Porch Setbacks (Chapter BMC) E. Parking (Chapter BMC). Two parking stalls in the form of a parking strip, driveway or garage shall be provided for each home. Stall dimensions are 19' x 8-1/2' each. Front 15' Street Side (corner lot) 11'9" Deck and Eave Setbacks (Chapter BMC) Uncovered decks less than 30" above grade may encroach 50% into required setbacks. Eaves may encroach 30% into required setback, but must be at least 3' from property boundary.

10 Illustration RL Setbacks

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22 Notice of Public Hearing June 23, 2016 Posted June 9 th, 2016 City of Blaine CDS 435 Martin Street, Suite 3000 Blaine, Washington The City of Blaine Planning Commission will hold a public hearing on June 23, 2016 to consider the application described below. Interested parties are invited to comment on this proposal. Applicant Project Name Permit Numbers Proposal Location Environmental Review Community Development Services Department Accessory Dwelling Units in the Residential Low-Density zoning district ZTA-2-16 The proposed Zoning Text Amendment would amend BMC to allow attached and detached accessory dwelling units within the Residential Low-Density zoning district. Residential Low-Density zoning district A SEPA Notice of Determination of Non-Significance was issued on June 9 th, 2016 under file number SEP Members of the public will have an opportunity to comment on the project at a public hearing before the Blaine Planning Commission on Thursday, June 23, 2016 at 7:00 pm in the City Council Chambers at the Blaine City Hall, located at 435 Martin Street Suite Written comments may also be submitted to staff prior to the public hearing. Staff Contact Madeline Ottley, Community Planner 1, City of Blaine, 435 Martin Street - Suite 3000, Blaine, Washington, Phone (360) , mottley@cityofblaine.com Page 1 of 1

23 Blaine Municipal Code Chapter ACCESSORY DWELLING UNITS* Page 1 of 5 Sections: Purpose Locations permitted Permit procedures. Chapter ACCESSORY DWELLING UNITS* Criteria for approval for conditionally permitted accessory dwelling units Design and development standards Design bonus Deed restrictions. * Prior legislation: Ordinances 2554, 2673 and Purpose. This chapter provides for accessory dwelling units in certain districts and on lots developed or proposed to be developed with single-family dwellings. Such accessory dwellings contribute to a diversified housing stock and increase affordability of housing while preserving neighborhood stability and property values. (Ord (Att. A), 2011) Locations permitted. One accessory dwelling unit per single-family detached dwelling unit is permitted or conditionally permitted in residential zoning districts as determined by the district regulations. (Ord (Att. A), 2011) Permit procedures. A. The following accessory dwelling units shall be permitted accessory uses within the applicable zoning districts subject to administrative approval of a building permit. 1. Any detached accessory dwelling unit substantially compliant with ADU Templates 1 through 4 as included in Accessory Dwelling Units, A Guide for Property Owners for ADU Development as determined by the director. 2. Any detached accessory dwelling unit meeting the residential design standards as permitted for the main residence in the zoning district and compliant with the size standards contained in Table A. The Blaine Municipal Code is current through Ordinance 2870, and legislation passed through September 14, 2015.

24 Blaine Municipal Code Chapter ACCESSORY DWELLING UNITS* Page 2 of 5 Table A If the area of the lot is: Net floor area of accessory unit shall not exceed: 6,000 8,000 sq. The lesser of 50% of ft.: the primary residence or 600 sq. ft. 8,001 11,000 sq. ft.: Greater than 11,000 sq. ft.: The lesser of 50% of the primary residence or 800 sq.ft. The lesser of 50% of the primary residence or 1,000 sq. ft. 3. Any attached accessory dwelling unit located within the same structure as the primary residence provided it meets the size standards contained in Table B. Such structure shall have only one front door so as to maintain the appearance of a single-family residence. Table B If the area of the house is: Under 2,000 sq. ft.: Net floor area of accessory unit shall not exceed: 50% of the primary residence 2,000 2,999 sq. The lesser of 40% of ft.: the primary residence or 1,000 sq. ft. 3,000 4,999 sq. The lesser of 30% of ft.: the primary residence or 1,200 sq.ft. 5,000 sq. ft. or more: The lesser of 20% of the primary The Blaine Municipal Code is current through Ordinance 2870, and legislation passed through September 14, 2015.

25 Blaine Municipal Code Chapter ACCESSORY DWELLING UNITS* Page 3 of 5 residence or 1,500 sq. ft. B. The following accessory dwelling units shall be conditionally permitted accessory uses within the applicable zoning districts subject to a conditional use permit granted by the planning commission. 1. Conversion of an existing accessory structure, noncompliant with the accessory structure setbacks, on an otherwise compliant lot may be conditionally permitted without a variance. Under no circumstance may the accessory structure encroach onto adjacent private or public property or exceed 1,000 square feet of living area. 2. A detached accessory dwelling unit not meeting the requirements in subsection (A) of this section shall be conditionally permitted within the zoning districts specified in BMC provided the size does not exceed 1,000 square feet. (Ord (Att. A), 2011) Criteria for approval for conditionally permitted accessory dwelling units. Before approval of a conditional use permit for a detached accessory dwelling unit, the planning commission shall find that: A. Exterior design of the accessory unit is compatible with the existing residence on the lot through architectural use of building style, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices. B. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, solar access or parking of adjacent properties. C. The structure generally limits the stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley or street and away from adjacent properties where applicable. D. Conversion of an existing accessory structure into a dwelling unit does not result in encroachment into the setback where none existed before conversion, and does not increase any existing encroachment into the setback. (Ord (Att. A), 2011) Design and development standards. All accessory dwelling units must conform to the following standards: A. The side yard and rear yard setbacks for detached accessory dwelling units shall not be less than as determined by BMC Detached accessory dwelling units shall not be forward of the primary unit in relation to any public street. Detached accessory dwelling units are not eligible for variances to setbacks. B. Attached accessory dwelling units shall meet the same setbacks as a main building in the zoning The Blaine Municipal Code is current through Ordinance 2870, and legislation passed through September 14, 2015.

26 Blaine Municipal Code Chapter ACCESSORY DWELLING UNITS* Page 4 of 5 district. Attached accessory dwelling units are not eligible for variances to setbacks. C. The majority property owner must occupy either the primary or accessory dwelling as his or her principal place of residence. D. When an accessory dwelling unit is adjacent to a side street or alley, every effort shall be made to orient the accessory dwelling unit toward the side street or alley with the front access door and windows facing the side street or alley. No preference is given to either the side street or alley in regard to building orientation. E. Parking shall be located off of an alley wherever feasible. Parking shall be provided for the ADU as required by this code. Parking does not need to be in an enclosed building. F. The design of the accessory unit shall relate to the design templates, or the applicable residential design standards, or the design of the primary residence by use of compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch. G. The site plan shall provide open space and landscaping that are useful for both the accessory dwelling unit and the primary residence. Landscaping shall provide for the privacy and screening of adjacent properties. H. For new construction, exterior walls facing a street or alley that are over 24 feet in length shall be articulated by at least two feet. I. Detached accessory dwelling units are limited to 28 feet in height. (Ord (Att. A), 2011) Design bonus. A lot coverage bonus shall be provided for use of superior design. A five percent increase above the base impervious surface lot coverage allowance for the zoning district shall be available. A bonus shall be awarded by the director for a detached ADU that includes five of the following design elements: A. A covered front porch or entry; B. Gable-ended or shed-style dormers; C. A stepped or articulated roof ridge line, not achieved with dormers; D. Architectural projections on wall planes such as a bay window or pop-out; E. Window mullions in a traditional pattern; F. Prominent window and door trim that exceeds the standards in Chapter BMC; G. Use of brick, stone or cultured stone as a design accent; The Blaine Municipal Code is current through Ordinance 2870, and legislation passed through September 14, 2015.

27 Blaine Municipal Code Chapter ACCESSORY DWELLING UNITS* Page 5 of 5 H. Knee braces on gable ends; I. Decorative detail element not included above as approved by the director. (Ord (Att. A), 2011) Deed restrictions. Before obtaining a certificate of occupancy for an accessory dwelling unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: A. The accessory unit shall not be converted to a condominium or sold separately. B. The unit is restricted to the approved size. C. The occupancy or use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the majority owner of record as the owner s principal place of residence. D. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for code enforcement and/or revoking the occupancy or use permit. E. The deed restrictions shall lapse upon removal of the accessory unit. (Ord (Att. A), 2011) The Blaine Municipal Code is current through Ordinance 2870, and legislation passed through September 14, 2015.

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34 2297 Dodd Avenue Blaine, WA June 23, 2016 City of Blaine Planning Commission: As a resident of one of the neighborhoods comprising the Residential Low-Density Zoning District, I wish to express my concern regarding the proposed changes contained in Permit ZTA- 2-16; specifically, the allowance of so-called Accessory Dwelling Units (ADUs). Established zoning districts and accompanying regulations are essential to the development of a thriving community. Zoning is critical to maintaining the lifestyles and financial prosperity of our residents, and it is the well-being of those residents that must be paramount as this proposal is evaluated. Homeowners and businesses rely upon zoning regulations as they make decisions to invest or not in specific properties. Guided by established regulations, they are able to select properties matching their needs and desires, as well as determine appropriate valuations for those properties. Buyers attain the benefit of the bargain inherent in their purchase decisions, whether that turns out positive or negative. That is the nature of participation in a free market. A home is indeed one of the largest investments most families will make; it is arguably the most important for every family, as the house and its surrounding neighborhood provide a very large part of the environment in which the family will develop. It follows that changes to long-established zoning regulations should be strictly limited to situations of significant and widespread benefit or of absolute necessity (required infrastructure, facilities, or safety enhancements), not merely to advance the interests of a select few property owners. Certainly there is no indication that there are any circumstances or conditions in the housing market in Blaine that necessitate these changes. Houses have been selling reasonably well, values are appreciating, and there are homes available in all price ranges, from the $100,000-$150,000 range on up to $1 million and more. The real estate website Redfin provided me the following information: Price Range ( $ ) Sold past 12 mos. Currently on Market < 100, ,000 to 149, ,000 to 249, ,000 to 349, ,000 to 499, > 500, This suggests a rather healthy real estate market, certainly below the $500,000 price point; at least, a market in which homes are available and selling across the pricing spectrum.

35 The change in question has the potential to radically alter the appearance and character of our residential neighborhoods. Both quality of life and property values can be affected in ways that are difficult to project; negative developments are certainly possible. Too few ADUs have been implemented in Blaine to provide any confidence regarding their impact on the community. With the appearance of a generally healthy real estate market in Blaine and the lack of sufficient experience with ADUs to reliably forecast their impact, it is incumbent upon the City staff requesting this change to present a strong and persuasive case for accepting their proposal. Failing that, this proposal represents government over-reach and interference in a free market, and it should be rejected. Material provided to me by City staff identifies two primary benefits of the proposed change: 1. Families gain flexibility to respond to changing family circumstances while remaining at their existing residence by adding an ADU; 2. Residents are able to add an ADU to generate additional income. The first suggested benefit has a feel-good component in that it appears to be family-friendly. However, while it may facilitate matters for a select few families, it will as noted put at risk the character of neighborhoods for everyone residing in the selected districts. There is no reason to believe that this change is necessary for the few families to accommodate their changing circumstances. Families have for generations been responding to new needs by remodeling their home or by selling and moving to a new home. These responses are clearly available to Blaine residents in the selected districts. Accordingly, there is no compelling reason to put at risk the home environment and property investment for all families in those districts. The second claimed benefit undoubtedly was rather compelling for some families in the more challenging economic environment present when ADU zoning was first implemented in Blaine in In 2016 the economy is much stronger, and jobs (including part-time and second jobs) are more readily available. The real estate market is also stronger, and families facing financial pressure should be able to sell their home and move to a more affordable one. A potential negative for ADUs is the possibility that owners could rent them on a a short-term basis with frequent turnover. For example, an AirBNB type program might be pursued by owners, which would essentially turn the units into single unit motels. Again, there is no compelling reason to provide select families the ADU for income generation at the expense of forcing the risks inherent in zoning change upon all residents in the selected areas. In sum, zoning changes are not without risks; they are not to be undertaken absent clear and substantial benefit to a majority of the population. It is evident that this proposed change does not promise such benefits, and it should be rejected. Sincerely, Richard E. Thatcher