There have been a number of corrections submitted for the Minutes of the July 21 Land Use meeting. Below are the revised Minutes. John MINUTES - 7/21/99 LAND USE & NATURAL RESOURCES COMM. MTG Attendees-Lauren Bain, Raymond Bottomly, John Gerstle, Doug Hoffmann, Jake Jacobovitch, Donna Klemka, Jacqui Pegues, Gardner Perry, Sharon Price, Lorin Reinelt, Jack Stewart, Anne Woodward. Guest - Lori Grant, King County (phone 296-3458, email lori.grant@metrokc.gov) Lori briefly reviewed current activities on zoning and the update to the KC Comprehensive Plan. In 1994 KC established a 20 year target of 5800 to 8200 new homes in the rural area. In 1996 KC found that the 20 year buildout capacity is substantially higher than the target, with a total capacity of 25, 476 lots, but that the rate of subdivison in the rural area declined due to the application of low density zoning in the rural area ( harader to find subdividable land) whereas the rate of building in the cities has been increasing. In response to questions related to limiting building permits, Lori stated [ correction follows] that it is very difficult for KC to stop building on existing lots and current policy in both the Countywide Planning Policies and the King County Comprehensive Plan does not clearly indicate that the rural targets are a cap, or clearly state why it is essential to limit development to stay within the target. Such statements of legislative intent are necessary to support regulations that would likely be challenged in court. Lori discussed as potential changes to Title 21A, four rural initiatives. 1. Calculating Density when a site has sensitive areas KC proposes to change to calculating density when a site has sensitive areas - Currently, in the rural , agricultural and forestry areas, when calculating the number of lots allowed by zoning, only submerged land is not counted. the potential change is that unbuildable sensitive areas ( class 1 and class 2 wetlands, streams and slopes over 40% in addition to submerged lands) would not be counted. Lori commented that this change is primarily sought to reduce development potential but also to lessen the impact of impervious surface near sensitive areas. 2. Rounding up Provision. Current code: When calculating the number of lots allowed by zoning, fractions of .5 or above are rounded up. KC proposed change: In the rural , agricultural and forestry areas only, when calculating the number of lots allowed by zoning, all fractions would be rounded down 3. Reaggregation of small lots Current code: In the rural, agricultural and forestry zones, the smallest existing lot that can be developed is 5000 sq ft. Per the KC On-Site Sewage Code, the smallest new lot that could be created on a septic system is 12,500 sq ft as long as public water is available. Lots using a private well must be at least 5 acres. Potential changes: In the rural, agricultural and forestry zones, increase the minimum lot size for construction to 12,500 sq ft. Require contiguous lots under the same ownership that are smaller than 35,000 sq ft to be recombined. Lori commented that 35,000 sq ft (about 3/4 acre) is a very common lot size and that this change would only be in effect if the owner were to apply for a building permit. The net effect is to eliminate the grandfathering of short plats. She did not expect that there would be a recombination fee. 4. Accessory Dwelling Units Current code: One accessory unit per home is permitted in all residential zones under the following conditions: Primary dwelling unit must be owner-occupied If lot is less than 10,000 sq feet, the unit must be in same building. Cannot be larger than 1000 sq ft unless it is in the attic or basement KC proposed change: No accessory dwelling units in rural, agricultural or forestry zones Lori commented that Sims first heard about this idea from the Vashon GWMP. This proposed change led to a discussion of its impact on low income housing. Several people commented on the need for housing for elderly parents or other people who need assistance but cannot afford professional care. Lauren commented that the proposed prohibition of accessory dwelling units would be inconsistent with the island's purported "greatest social need" of affordable housing. Doug and others commented that current water shares are granted for residences, not on the amount of use. John stated that Emma Amiad has proposed modifications, namely to allow accessory units in rural zoning under three specific scenarios: a. Housing for farm workers. There is increased need for these as several new subscription farms have developed. Only allow where the property is an active farm. b. Actual mother-in law use such as elderly relative who may need care. These are always allowed on an exception basis but should not be made impossible or difficult. c. Provide for living space for child care givers. Most of the accessory dwellings built in the last few years are for that purpose. Emma noted that low income housing can be limited as to number of people in the dwelling who meet County guidelines for income of renter and cost of rent. Lori commented that medical hardship is covered under a different part of the code and that this change would not impact B&Bs. Jacqui said that these provisions were too complex and therefore unfair. Other comments were that septic systems should be required for accessory dwelling units and that the County should enforce the existing laws. Another idea for increasing availability of low income housing was suggested by John, namely: Require any developer of five or more residences to provide one dwelling that would be affordable to low income families (as defined by King County for Vashon) for each five residences in the development. Laura questioned the legality of such a provision; Jake said that such a rule has already been implemented in Washington. Sharon said that this could work for apartment houses. Lori was uncertain how the Council would react. Lori asked for comments on Allowed Uses in the Rural Area where special conditions must be met and permit processes ensuring public review are required. For example - campgrounds, RV parks, churches, B&Bs, outdoor performance centers, etc. A potential policy change to the policy R-107- King County should monitor the the quantitiy and quality of the water supply for the Vashon Community Planning area, along with building permit and subdivision data and reassess the Vashon Community Plans allowable growth capacity, if warrented. If new information indicates an immediate and severe water shortage, the County should apply a complete moratorium on construction of new dwelling units while it updates the Vashon Community Plan and Area Zoning. was discussed. Lori was questioned if a more stringent requirement for applying a moratorium could be accepted by KC. Lori said that there would have to be data and very strong reasons for imposing a moratorium. Some people questioned what would constitute a severe water shortage. We next discussed the objective of reducing development in high and moderate recharge areas to protect ground water resources. The current policy (R-205A) is: For Vashon Maury Island a residential density of 1 home per 10 acres shall be maintained on existing areas... and may be applied to areas identified as highly susceptible to ground water contamination or reduced recharge in a ground water mgmt plan with which KC has concurred. Lori commented that this would probably be superfluous since the recharge areas are largely zoned RA-10 except for shoreline areas. Laura Wishik has subsequently commented that the map (from the study conducted by King County's consultants as part of the development of Vashon's groundwater management plan) that is part of King County's Comprehensive Plan and that is called Areas Highly Susceptible to Groundwater Contamination shows the perimeter of the island, as well as stream ravines such as Shinglemill which is also a salmonoid bearing stream, are high recharge areas but are zoned one house per 2.5 acres. Laura believes taht these are the areas that must be downzoned. In response to expanded use of the Public Benefit Rating System (PBRS) to provide tax relief to landowners in high recharge areas who agree to forego development, Lori suggested contacting Ted Sullivan. Jake queried Lori on the KC Comp Plan 2000 process. Lori said although the docket forms must be submitted by Sept 30, 1999 to get in the public review draft, KC will continue to accept input past September. It was decided that we could not complete our process with the VCC by the Sept 20 VCC meeting and hence we would submit at a later date. Next Meetings. Mtg with KC re Rural Drainage Package -Pilot Groundwater Component for Vashon Wed July 28, 7-9 pm Chatauqua School, Multipurpose Room Land Use Mtg to plan public process and decide on proposed Comp Plan changes to be presented. August 3, 7:30-9:30 pm Chatauqua School, Multipurpose Room. Regular Land Use Mtg. Aug 18,1999 7:30-9:30 pm Chatauqua School, Multipurpose Room Action Items: Jake to contact Ron Turner regarding changes to Lauras motion. John to contact Ted Sullivan at KC regarding use of the PBRS for high recharge areas. John to draft meeting notice for the Beachcomber.