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Ord774 BCC Packet 10-01-13.Pdf Board of Commissioners October 1, 2013 Meeting Materials Page 2 of 2 4. Ordinance No. 774 – CDC amendments relating to Accessory Dwelling Units Public Hearing agenda Staff Report Testimony Draft Summary of September 18, 2013 Planning Commission Hearing Public Notices: Individual Notice No. 2013-19 Cities and Special Service Districts Notice Ordinance No. 774 filed on July 30, 2013 with CPO Notice 5. Ordinance No. 775 – Comprehensive Plan changes relating to Area 93 Public Hearing agenda Staff Report Testimony Draft Summary of September 18, 2013 Planning Commission Hearing Public Notices: Measure 56 Notice Individual Notice No. 2013-20 Cities and Special Service Districts Notice Ordinance No. 775 filed on July 30, 2013 with CPO Notice 6. Ordinance No. 776 – Housekeeping and General Update changes Public Hearing agenda Staff Report Testimony Draft Summary of September 18, 2013 Planning Commission Hearing Public Notices: Individual Notice No. 2013-21 Cities and Special Service Districts Notice Ordinance No. 776 filed on July 30, 2013 with CPO Notice S:\PLNG\WPSHARE\2013ord\Ord768_TPU\Staff_Reports\BCC\10-01-13\A-EngOrds768-769-770-_774-775-776_BCC_transmittal_100113.doc AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Public Hearing – First Reading and First Public Hearing Agenda Category: Land Use & Transportation; County Counsel (All CPOs) Agenda Title: PROPOSED ORDINANCE NO. 774 – AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UNITS Presented by: Andrew Singelakis, Director of Land Use & Transportation Alan Rappleyea, County Counsel SUMMARY: Ordinance No. 774 proposes to amend the Community Development Code (CDC) by changing the land use review process for Accessory Dwelling Units (ADUs) to a Type I process in the R-5 (Residential 5 Units Per Acre) and R-6 (Residential 6 Units Per Acre) land use districts. The ordinance increases the allowed floor area of ADUs that are designed to comply with the Americans with Disabilities Act (ADA) to a maximum of 800 square feet. Ordinance No. 774 is posted on the county's land use ordinance web page at the following link: http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/2013-land-use-ordinances.cfm On September 18, 2013 the Planning Commission (PC) conducted a public hearing for this ordinance. The PC voted to recommend engrossment of the ordinance to allow a maximum 800 square foot floor area for detached ADUs, with an allowed increase in floor area of up to 15 % for ADUs designed to comply with ADA standards. A staff report will be provided to the Board prior to the October 1, 2013 hearing and posted on the above land use ordinance web page. Copies of the report will also be available at the Clerk’s desk prior to the hearing. Consistent with Board policy, testimony about the ordinance is limited to three minutes for individuals and 12 minutes for a representative of a group. DEPARTMENT’S REQUESTED ACTION: Read Ordinance No. 774 by title only and conduct the first public hearing. At the conclusion of the hearing, direct engrossment of the ordinance to include the changes described in the staff report. Continue the hearing to October 15 and 22, 2013 and direct staff to prepare and mail notice of the amendments consistent with requirements of Chapter X of the County Charter. COUNTY ADMINISTRATOR’S RECOMMENDATION: Agenda Item No. Date: 10/01/13 Board of Commissioners Staff Report Ordinance No. 774 September 23, 2013 Page 2 of 4 To allow an additional increase in maximum floor area of up to 15 percent (up to 120 additional square feet) when the ADU is designed to comply with Americans with Disabilities Act (ADA) standards. Staff has prepared engrossment amendments in accordance with the PC recommendation, included as Attachment B to this report. However, staff notes that some citizens and neighborhood groups might not concur with the PC’s recommendation to increase the allowed floor area of detached ADUs across the board. II. OVERVIEW Ordinance No. 774 proposes to amend Community Development Code (CDC) to amend the land use procedures for ADUs in the R-5 (Residential 5 Units Per Acre) and R-6 (Residential 6 Dwelling Units Per Acre) land use districts. Currently, the land use application type for ADUs in the R-5 and R-6 districts is the Type III process and Type II process respectively. The proposed amendments would change to a Type I process in both land use districts. The other key change would allow a specified amount of extra square footage for creating an ADA compliant dwelling unit. III. BACKGROUND The rationale for changes to the CDC standards for ADUs is three-fold: 1. The ordinance responds to a 2010 work program request made by planning consultant Mark Dane. Mr. Dane contended current CDC standards make it difficult and cumbersome to build ADUs in low density residential designations. 2. A goal of the Aloha-Reedville Study and Livable Community Plan effort is identifying opportunities to increase housing affordable to a wide-range of community members. ADUs are one viable option to address that need. 3. Metro’s 2009-2030 Urban Growth Report (Appendix R) indicates demographic changes including: The population of age groups 55 years old and older will increase. Current trends indicate an increase in single-person households. The region will experience a greater percentage of older households and households without children. Ordinance Notification Ordinance No. 774 and an accompanying summary were mailed to citizen participation organizations (CPOs) and interested parties on August 9, 2013. A display advertisement regarding the proposed ordinance was published in The Oregonian and the Hillsboro Argus on August 30, 2013. Individual Notice describing proposed Ordinance No. 774 was mailed to 253 Board of Commissioners Staff Report Ordinance No. 774 September 23, 2013 Page 3 of 4 people on the General Notification List on September 4, 2013. A copy of this notice was also mailed to the Planning Commission at that time. IV. ANALYSIS ADUs offer alternative housing and could address a variety of housing needs while maintaining privacy and independence. Many covenants, conditions and requirements (CCRs) in established residential subdivisions prohibit ADUs. Ordinance No. 774 would not change these underlying CCRs. As filed, Ordinance No. 774 proposes to amend Community Development Code (CDC) Sections 302, 303, and 430-117 to change the ADU application process type in R-5 Districts from a Type III to a Type I and in the R-6 District from a Type II to a Type I. The filed ordinance also proposes changing the square footage allowance for ADUs that are constructed to ADA standards. Additionally, minor amendments are proposed in Sections 304, 305, 306, and 307 correcting references to other parts of the CDC. Proposed Change to Application Process Type Research indicates that the cities of Beaverton, Portland, Milwaukie, Forest Grove and Sherwood have Type I or over the counter processes for ADUs in all residential plan designations (See Attachment A). The cities of Hillsboro, Lake Oswego, and Milwaukie have Type II processes for ADUs. Tigard allows Type I ADUs in Mixed Use Residential zones already developed with a single family dwelling. Washington County was the only jurisdiction with a Type III process for an ADU in a residential plan designation. Amending the CDC to allow a Type I process for ADUs in the R-5 and R-6 Districts will align Washington County’s application process with the majority of jurisdictions surveyed, and will reduce the cost and process requirements for developing an ADU on R-5 and R-6 properties. The PC recommended Board adoption of the filed amendments that allow a Type I process for ADUs in the R-5 and R-6 Districts. Proposed Change to Maximum Floor Area for Detached ADUs The filed ordinance also proposes to amend the language allowing an undefined increase in ADU square footage for a disability. The CDC currently requires the applicant to demonstrate the need of extra space for the disability. Recent ADUs built in Washington County required an extra 200 square feet to accommodate ADA requirements. The filed ordinance proposes that, if the ADU is designed to be ADA compliant, the maximum floor area may increase by up to 200 square feet (to a total floor area of 800 square feet). The intent of this amendment was to encourage developers to build ADA compliant ADUs to accommodate occupants with a variety of abilities. Board of Commissioners Staff Report Ordinance No. 774 September 23, 2013 Page 4 of 4 The PC recommended increasing the floor area allowance of detached ADUs even further. Specifically, the PC recommended that the maximum allowed floor area be increased from 600 square feet to 800 square feet, regardless of whether the unit is ADA compliant. The PC also recommended that an additional increase in floor area of up to 15% (up to 120 additional square feet) be allowed for detached ADUs that are constructed to ADA standards. This would allow a detached ADU to have a floor area of up to 920 square feet, if it is constructed to ADA standards. These PC-recommended amendments are shown in Attachment B, under CDC Section 430-117.1 B.(2). S:\PLNG\WPSHARE\2013ord\Ord774_ADU\Staff_Reports\BCC\Ord_774_BCC_StaffReport_100113.doc Attachment A Board of Commissioners Staff Report Ordinance No. 774 September 23, 2013 Page 1 of 1 Jurisdictional Comparsion of Accessory Dwelling Unit (ADU) Standards Jurisdiction Application Process Zones where ADUs allowed Maximum Square Footage (SF) Type I in R-9 and higher Attached - 50% of primary Allowed in all residential land use Washington County Type II in R-6 dwelling districts (zones) Type III in R-5 Detached - 600 SF Allowed in all single family 50% of primary dwelling or Beaverton Type I residential zones 800 SF, whichever is less Allowed in all single family 30% of primary dwelling or Forest Grove Type I residential zones and two multi- 720 SF, whichever is less family zones No smaller than 250 SF and no Hillsboro Type II Allowed in all residential zones larger than 750 SF in non-lightrail zones.
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