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Ordinance 3943 BC & RM Amendments (2).pdfORDINANCE NO. 3943 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE REVISING CHAPTERS 16.50 BC - COMMUNITY BUSINESS AND 16.30 RM - MULTIPLE RESIDENTIAL, MAKING TECHNICAL CORRECTIONS AND REVISING REFERENCES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, after the construction of a 2012 development on Edmonds Way, the City Council wanted to revisit the applicable zoning regulations and asked the Planning Board to review the codes and recommend revisions; and WHEREAS, after three work sessions and two subsequent public hearings on July 10 and August 14, 2013, the Edmonds Planning Board forwarded their recommended code revisions to the City Council; and WHEREAS, on September 24, 2013 the Edmonds City Council held a public hearing on the Planning Board's recommended regulations; and WHEREAS, the City Council voted to adopt the Planning Board's proposed regulations and requested that an ordinance be prepared to codify those changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 16.50 of the Edmonds Community Development Code, entitled `BC — Community Business," is hereby amended to read as set forth in Exhibit 1, which -1- is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in s*�ke *'woug'^). Section 2. Chapter 16.30 of the Edmonds Community Development Code, entitled "RM — Multiple Residential," is hereby amended to read as set forth in Exhibit 1, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike thFa gh) Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the chapter. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY =/6 ; � � J .°FF.EY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3943 September 27, 2013 October 1, 2013 October 6, 2013 October 11, 2013 -2- SUMMARY OF ORDINANCE NO. 3943 of the City of Edmonds, Washington On the 1 st day of October, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3943. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE REVISING CHAPTERS 16.50 BC - COMMUNITY BUSINESS AND 16.30 RM - MULTIPLE RESIDENTIAL, MAKING TECHNICAL CORRECTIONS AND REVISING REFERENCES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of October, 2013. "ITY CLERK, SANDRA S. CHASE -3- Chapter 16.50 BC — COMMUNITY BUSINESS Sections: 16.50.000 BC and BC — Edmonds Way, 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.000 BC and BC — Edmonds Way. This chapter establishes two distinct zoning categories, BC and BC — Edmonds Way. [Ord. 3627 § 2, 2007]. 16.50.005 Purposes. The BC and BC — Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40, ECDC: A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed-use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds' comprehensive plan for the Edmonds Way Corridor; E. To meet the goals of the Growth Management Act and the city of Edmonds' comprehensive plan for housing diversity and economical vitality. [Ord. 3627 § 2, 2007; Ord. 3147 § 1, 1997. Formerly 16.50.000]. 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS -6 zone; 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; Page 1 of 13 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure e, xcept as provided in ECDC 16.50.020.B; 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day-care centers and preschools; 11. Hospitals, convalescent homes, rest homes, sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; Page 2 of 13 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070,. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2, 1999'`; Ord. 3147 § 1, 1997]. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.50.020 Site development standards. A. Table. The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC -zoned lot. LA 3 of, 13 Minimum Minimum Minimum Minimum Maximum Minimum Lot Street Side Rear Maximum Floor Lot Area Width Setback Setback Setback Height Area BC None None None None None 25r2 3 sq. ft. per sq. ft. of lot area BC None None Non 10, None None 525'3,A ._ 3 sq. ft. Edmonds per sq. ft. Way of lot area The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC -zoned lot. LA 3 of, 13 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations). Vertical parapet walls or flat roofs with a pitch of less than 3 -in -12 are not allowed to protrude above the 25 -foot height limit unless they are part of an approved modulated design. Examples of Modulated Roof Designs �■#�■AGI ua ... oil . . as _01w- 1011 112-1 33 The stated height limit may be increased to 40 feet; provided, that: (a) The street setback of any proposed building shall be increased to four -fifteen feet in depth. Type III landscaping shall be located within this setback.-T.-ht6-Weds ii g-4�ney-befocated4fm�nedi Edi t te"tk�emmbe�td�eg-o����ee�-wtkar�tr-lae+d�p�eg~-w+thea-e�adj�atnttho+-rigt�af-wed:- addifioR w t .third .and-fGufAhh- roes f-af►y-ped-building-ehalI _be4.ufihe - tepped4)a ae-addiWnat b-fe h t-fF long -all treetmmfrent-s; (b) Where the proposed development abuts a single-family residential (RS) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design of any building facades facing the single-family residentially (RS) zoned property; (c�Th"mpGse"eve]GprAent-.kitegfates4Gw-4mpaGt4evelopnqen"eG"ues. At least three of the ow incorporated w the building and/odesign: Fite 40f,13 (11 Achievement of least LEEK gold certification or comparable aTeen building cerfification; (2) Inclusion of housing units affordable to i)ersions at low/moderate income as determined,b Snohornish Count v Tomorrow. The number of affordable units must be at least 15% of the rocs number of units proposed; IubNlo amenities within an area com r%sIn at least 5% of the lenqth of any regaired _street setback such as outdoor segn_gL & plazas, walkwaya other usable open space. The remainder of the setback area will be landscaped with T e Ill Nandsca in 4 11 Low lm act devebp.Ment (LID) techniques are employed. LID bestmane ement ractioes include, but are not limited to: bioretention / rain _cjLardenS,_p controls, dispersion soil quality and de minimaD excavation foundatuons ve stated roofs and water re -use. mi. 01 . -12 211MMI = LIOMMIM gig! M2 �=Aff OUMM110 ........... teGhRiques unreasonable OF URfeasible-,- MI"W77 rrr OEM - fiber cemen � pro ucts, and thie like may be permitted ifthey replicate the appearance ofthle listed i ade materials must be salvaged, reqy�ted content based or indigenous. ds--Wa"r-GpeFty-4r4e- 4_44,+a,dd� 4ti,Gn-,tG--aq.y-height--bW-- US�--UA ............. " Mme_ UAILT Ea&g_5.gf..13 .p es�i th+s subse�ior�„-ian+st(ve tt�t?a tom-i�ae(ude�t�ea:�(#goes ("aaae-►f ,�, E EWEw B. Ground Floor. Development on the ground floor shall consist of only commercial uses to a minimum depth of 30 feet as measured from the street front of the building, with the following exceptions or clarifications: 1. That in all areas the provision of pedestrian access to permitted residential uses is allowed. 2. This provision shall not apply when a single-family use is the primary use on the property. .. morGiat,4ses,-"-a-nd-with-r4E�sp,eGt4e-whjG44he-&ub�j4ert--pfGper-ty-.614afesha,--prGper4y4ine-wi or�- the ogmun�] . 11rell. 21Z0ttt.=Mr^** - "I U.11 1=1019MIN x gym. 43. In the BC — Edmonds Way zone, where the street frontage of the total site proposed for development exceeds 150 feet in length, this requirement shall apply to only 60 percent of the ground floor street frontage of any proposed building. The remaining 40 percent may include any other uses permitted in the BC — Edmonds Way zone, including, but not limited to, off-street parking or live/work space. C. Slee Signs teari d4)esigAParkin i 17.50 ECDC Desi n Review (20.10 ECDC) and Siqns (20.60 ECDC) for additional standards: Se Chimers ,204 ar + 2 0--E Q.The followrn_ desi n standards shall also apply to buildings within the BC -EW zone. 1. Massinq and articulation. a. Intent. To reduce the massiveness and bulk of Iar e box -like btuildin s and articulate the, building form to a pedestrian scale. b. Standards. Page 6 oaf 13 1) Buildings shall convey a visuaily disfinct,base and top. A s"base" can be emphasized by a different masons V Dattern, more architectural detall, visible plinth above which the wall rises, storefront, canopies, or a combination. The to edge is hiahfialuted bv a Drominent cornice,ro'ecting parapet or other architectural element that creates a shadow line, 2. Ground level details. a. Intent. To reinforce the character of the st�reet a e by encouraging the -greatg_stamount of b. Standards. 1) Ground-floorr, stireett-facing facades of commercial and mixed-use buildings,shall incorporate at least five of the foltowin,elements: g_ b) Medallions; c) Belt courses; d) Plinths for columns: I I # w ull• f) Projecting sills: ,q) Tile work; h) Transom or clerestory windows; i) Planter box; j) An element not listed here that meets the intent ,as,agnroved by the Architectural Design Board. 3. Treating blank walls. b. Standards. 1® Walls or portions of walls on, abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the followin elements shall be incorporated into such walls: Page 7 of 13 a. Masonry (except for flat nondecoratve concrete block c. Belt courses of a different texture and color; d. Projecting cornice; e. Decorative tile work; f. Medallions: g. Opaque or translucent plass; h. Artwork or wall graphics: i. Lighting fixtures; i. Green walls; k. An architectural element not listed above as approved, that meets the intent.. D. Density. There is no maximum density for permitted multiple dwelling units. "WaRMIRTRIMINTI a .a1 1519-TSM.a ^a »r sa E. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050'-an4-fevti wed -by- o-aw,OA4aoter t si r . [Ord. 3627 § 2, 2007; Ord. 3539 § 1, 2005; Ord. 3518 § 1, 2004; Ord. 3492 § 1, 2004; Ord. 3256 § 1, 1999; Ord. 3232 § 1, 1998; Ord. 3147 § 1, 1997]. 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; Page 8 of 13 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3627 § 2, 2007; Ord. 3320 § 3, 2000; Ord. 3147 § 1, 1997]. Chapter 16.30 RM — MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.000 Purposes. The RM zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas for a variety of housing types, and a range of greater densities than are available in the single-family residential zones, while still maintaining a residential environment; B. To provide for those additional uses which complement and are compatible with multiple residential uses. [Ord. 3627 § 1, 2007]. 16.30.010 Uses. A. Permitted Primary Uses. 1. Multiple dwellings; 2. Single-family dwellings; 3. Retirement homes or congregate care facilities;- assisted living facilities 4. Group homes for the disabled, foster family homes and state -licensed group homes for foster care of minors; provided, however, that halfway houses and group homes licensed for juvenile offenders are not permitted uses in a residential zone of the city; 5. Boarding houses and rooming houses; 6. Housing for low income elderly in accordance with the requirements of Chapter 20.25 ECDC; 7. Churches, subject to the requirements of ECDC 17.100,020; 8. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); Page 9 of 13 9. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 10. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. All permitted secondary uses in the RS zone, if in conjunction with a single-family dwelling; 2. Home occupations, subject to the requirements of Chapter 20.20 ECDC; 3. The keeping of one domestic animal per dwelling unit in multiple -family buildings, according to ECC 5.05; 4. The following accessory uses: a. Private parking, b. Private swimming pools and other private recreational facilities, c. Private greenhouses covering no more than five percent of the site in total; 5. Commuter parking lots containing less than 10 designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit, 1. Offices, other than local public facilities; 2. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.0501- 3. 7.100.050;3. Day-care centers and preschools for 13 or greater children; 4. Hospitals, convalescent homes, rest homes, sanitariums Assisted living facilities; 5. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 6. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 7. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); 8. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. Page 10 of 13 D. Secondary Uses Requiring a Conditional Use Permit. 1. Day-care facilities or preschools of any size to be operated in a separate, nonresidential portion of a multifamily residential dwelling primary permitted structure operated primarily for the benefit of the residents thereof; 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. [Ord. 3627 § 1, 2007]. 16.30.020 Subdistricts. There are established four subdistricts of the RM zone, in order to provide site development standards for areas which differ in topography, location, existing development and other factors. T o su 'cts _3sara�a...[Ord. 3627 § 1, 2007]. 16.30.030 Site development standards. A. Table. Minimum Lot Minimum Minimum Minimu mnilnuffl.3 Area Per m MaximumMaximum� Subdistrict Street Side � g Dwelling Unit 43 Z 2 Rear Height Coverage Setback Setback (Sq. Ft.) Setback +4 RM -1.5 1,500 15' 10' 15' 25r1� 45% 2 RM -EW 1,500 15' 10' 15' 25`4 45% 2 RM -2.4 2,400 15' 10' 15' 25'1-,S45% 2 RM -3 3,000 15' 15' 15' 25r13 45% 2 ' Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. 2 RS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. 43 See definition of townhouse,. P� 11 of 13 | '5aThemaximumboumhmightofanybui|din0frondingnnEdmondmVVaymaybaincreaaedto@035fmetif the following apply hothe site and proposed development: -MOM - 0�� �IFA L-rij (4�a)-The-pr-opGsed,,deve4opa�ent- "egfate&-low4m-,pact,-developmetitteGhniq�ues At least two of the following techniguesshaH be iin(,,or orated into the building arid/or site's de jqgn d I -Achievement of at least LEED gold c!,-rtification or comparable green: buildin certification, (2) Inclusion of hOUSin units affordable to Dersons at low/moderate income as determined b Snohomish County Tomorrow. The number of affordable units must be at least 15% of th, o egL ELS number of units Proposedm will W17EMI controlis-daDersion. soil, ouality gn 1 -depth, minim I excavation foundations, vegetated roofs, and, water re -use. B. See Parking (17,50 EgPC %ignsar4d-Design Review 10 ECDC and Signs 2-0-.6-O--E-C-D--Cj —for additional standards. The following design standards shall' also apply to buildings within the RIVI-EW zone. materiats which include natural stone, wood, architectural metat, brick and glaLs-__Concrete, laminates. veneers, fiber cemegilt _pfrogdgLIECts =and the like may be perMLtted if they replicate the appearance of the l�isted preferred materials. At least 65% of building facade materials must be C. Location of Parking. No parking spaces may be located within the street setback. RaM12 of 13 x am e and o. sMOMs m 20071. 16.30.040 Site development exceptions. A.earwe�rNy-i4ear s arm.A, eAS4"rovi&� o ..fie-Chatea2�- OG.Maximum height for accessory structures is 15 B. Satellite Television Antenna. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050_ae -rev ewe -by-t eMm fGhA si n..b . C. Setback Encroachments, 1. Eaves and chimneys and bay windows, utility lines and meters, and 'similar minor improvements', etc.. may project into a required setback not more than 30 inches. 2. Except as authorized by subsection (C)(3) of this section, uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above the ground level at any point. 3. In the RM — Edmonds Way zone, uncovered and unenclosed porches, steps, patios, and decks may occupy up to one-half of the required street setback area along Edmonds Way; provided, that these structures or uses are located no more than 20 feet above the ground level at any point. D. Corner Lots. Corner lots shall have no rear setback; all setbacks other than street setbacks shall be side setbacks. [Ord. 3652 § 1, 2007; Ord. 3627 § 1, 2007]. LaM13 of 1 Everett Daily Herald Affidavit of Publication STATE OF WASHINGTON } COUNTY OF SNOHOMISH } SS The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice is a true copy of City Ordinances - Summary of Ordinance No. 3943 518200 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: 2 issue(s), such publication commencing on 10/06/2013 and ending on 10/06/2013 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $ 27.52. Published: Octobw 6, 2013. Subscribed and e sworn before me �t'4'ay of ii ......... ��� � .. Notary Public in and for the State of Washington, residing at Everett, Snoh6Q,1i County. City of Edmonds EDH 101416 -PO: ORD. 3943 Flo upon request. R