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05/17/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES CITY COUNCIL WORKSHOP MAY 17, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON MAY 25, 1993 The special Council workshop of the Edmonds City Council was called to order at 7:00 p.m. by Council President Dave Earling in the Community Services Conference Room, 250 5th Avenue. MAYOR AND COUNCIL Laura Hall, Mayor: ABSENT Dave Earling, Council President Steve Dwydr, Councilmember Michael Hall, Councilmember: ABSENT William Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember STAFF Rob Chave, Planning Manager Jeff Wilson, Planning Supervisor Scott Snyder, City Attorney Barb Mehlert, Recorder It was the consensus of the Council to place discussion on Item 3 "ECDC SECTION 17.40" at the end of the agenda. ECDC SECTION 17.00.060 ADMINISTRATION (Interpretations_of this Code Planning Supervisor Jeff Wilson said this proposed new section outlines the specific authority t for the Community Services Department to issue interpretations of the ECDC. Mr. Wilson stated the !� new section establishes the criteria which the Community Services Director is to use in develop- ing an interpretation, and the procedures for an individual to appeal the content of an interpre- tation. Mr. Wilson said prior planning staff issued verbal interpretations, and not written inter- pretations, and said this will give documentation when questions arise. Councilmember Dwyer expressed his concern that the interpretations do not come before the City Council for concurrence. Councilmember Dwyer said some times interpretations are made by staff that may not follow the legislative intent or may not do what the Council thought it was set up to do and the first notification of this is when a citizen contacts a Councilmembers after the < appeal period has passed. Councilmember Dwyer would like a process set up whereby the Planning Q-+ Board has a chance to review it and the City Council has an opportunity to confirm the interpreta- tion. Councilmember Dwyer said this could take place within the ten day appeal period as to not slow down the process. Councilmember Dwyer said he is concerned that a citizen might bring an interpretation of the code to the attention of the City Council down the line, whereby the Coun- cil was not apprised of the situation. rJ Councilmember Nordquist said the section regarding appeals is too wide open and allows for anyone to appeal, even if they do not live within the City limits. Councilmember Palmer agreed. The Councilmembers discussed various processes whereby the Council and Planning Board could be apprised of the interpretations within the appeal period. _ Consensus of the City Council V It was the Consensus of the City Council to have Mr. Chave and Mr. Wilson address the Council concerns and comments, and incorporate those into a staff recommendation whereby the interpreta- tions could be first confirmed by the City Council and that the Planning Board also has a chance -to review them. This recommendation will appear on an upcoming City Council Agenda. ECDC CHAPTER 17.30:_FENCES AND HEDGES Qj Mr. Wilson said research of regulations from nine other cities in the region indicates that with the exception of one other city, Edmonds is the only city to require a permit for fences less LL� than 6-feet in height. Mr. Wilson proposed changes to this section which include requiring a fence permit for any fence or hedge located within the street setback and over three feet in height as measured from the top of the fence to the lowest original grade; or, for any fence located within a "critical area".. Mr. Wilson said the .section would also include provisions that unless a variance is first ob- tained, no fence or hedge shall be more than six feet in height as measured from the top of the fence to the lowest original grade, and that when a retaining wall three feet in height or great- er is contiguous to and below a proposed fence, the proposed fence may be constructed for the purpose of safety not greater than four feet above the top of the retaining wall or the finished grade, whichever is less, without the necessity for a variance. Councilmember Palmer said he belives the Council had asked that permits such as these be deleted from the Code. Councilmember Palmer said he couldn't understand why Edmonds is the only City othat requires such a permit. Councilmember Palmer said the other cities have had no problems and feels Edmonds is creating needless beauracracy. Councilmember Palmer feels the permits are not necessary. Mr. Wilson stated that Engineering has worked on this amendment, however, is not present to dis- cuss the item. CONSENSUS Councilmembers discussed the proposed amendments and asked that the Engineering Department work on this further and come back to the City Council with more information. �p ECDC SECTION 18.40.030: GRADING AND RETAINING WALLS (Conditional Use Permits) Mr. Wilson said the proposed amendment would delete the current requirement for a Conditional Use Permit for site grading over 500 cubic yards. Mr. Wilson said the City currently has established as its SEPA threshold for grading, 500 cubic yards. Mr. Wilson said the environmental review process provides much greater authority for the City to review and condition requests for grading over 500 cubic yards. Currently all substantive conditions which the City places on requests for grading over 500 cubic yards is done through the environmental review process. Through this pro- cess, the City has the authority to condition a project through either a "Mitigated Determination of Nonsignificance" or though the preparation of an Environmental Impact Statement. Mr. Wilson said the current Conditional Use process does not add any substantive conditions. Mr. Wilson said the public is not precluded from the opportunity to appeal the Environmental Determination issued by the City. Councilmember Dwyer said he is against this code amendment as he does not believe that SEPA is an effective method of notification. Councilmember Dwyer said he believes the the quality of the projects are enhanced by having to comply with the current process. Councilmember Nordquist said that if only the SEPA process is used, many citizens will not become aware of grading projects until the machinery is on the site and the work actually begins. Coun- cilmember Nordquist said the proposed amendment would lessen the public notification, and said many people do not go to the post office, City Hall or library to check on potential projects. Councilmember Nordquist said the City also has to do a better job of defining some of the new terms in the Code so the public can easily understand them. CONSENSUS Councilmembers directed staff to further look into a process which would provide better notifica- tion in addition to the notification provided for in the SEPA process. Councilmember Petruzzi suggested that the conditional use permit notification be incorporated into the SEPA process. Councilmembers concurred. Councilmembers also requested staff "clean up" some of the code lan- guage so the average citizen could understand it. Council directed Staff to look into the notifi- cation process similar to what Councilmember Petruzzi suggested. Staff concurred and said they will work on this, then report back to the City Council. At 8:30 p.m, The Council recessed for a ten minute break and reconvened in the Community Services Conference Room at 8:40 p.m. ECDC CHAPTER 20.20: HOME OCCUPATIONS Jeff Wilson, Planning Supervisor, said currently, Chapter 20.20 has established some performance standards for all home occupations. Presumably, if a home occupation complies with these crite- ria, it is permitted. However, the process currently in place requires that the City issue a Conditional Use Permit to approve the home occupation. This Conditional Use Permit is then ap- pealable. Mr. Wilson said Staff believes that the current process sends a very confusing message to the public, in addition to the creation of a very cumbersome and lengthy review process. Mr. Wilson said there are many home occupations who do not bother to apply for a permit because of the lengthy process of first obtaining a Conditional Use Permit followed up with a Business Li- cense. Mr. Wilson said it is commonly the practice of cities to outright permit certain home occupations which meet every specific performance standards, as part of the normal business li- cense permit review. If a proposed home occupation does not meet the performance standards, then the request is denied, with the ability to request through a formal public hearing process the granting of the permit subject to conditions. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 May 17, 1993 Mr. Wilson said the proposed amendments to this chapter are intended to remove the requirements for the issuance of a Conditional Use Permit for home occupations which comply with the defined criteria. Councilmember Nordquist said he believes the current procedure is the best way to ensure that the residential neighborhoods are protected. Councilmember Nordquist said it is extremely important that notification to the public be given, which is the case when a Conditional Use Permit has to be obtained. Councilmember Nordquist said although it is somewhat of a lengthy process, it is the most effective. Councilmember Nordquist said he had to go through the current process when apply- ing for a home occupation and welcomed the experience. Councilmember Nordquist said the Condition- al Use Permit process ensures that the proposed home occupation fits in with the residential nature of the neighborhood and will not alter that use, whereby altering the life style of the neighbors. Councilmember Palmer agreed and said residential areas have to be protected and by going through the Conditional Use Permit process, the neighbors surrounding the proposed business will be as- sured that residential aspect will remain. Council President Earling said there are several businesses in the city operating out of the home without a business license. Council President Earling said with all the new computer equipment, modems, etc, there is a great increase in the number of people doing business out of their home. Council President Earling said it is not practical to think that the current method or proposed method will bring those people in to the City to apply for a business license. CONSENSUS Councilmembers directed Staff to work on a comprehensive list which would contain specific re- in -rewording requirements for permitted uses. City Attorney Scott Snyder said he would assist language. This item come before the City Council on an upcoming City Council some of the will Agenda for their review. U At 9:20 p.m., Councilmember Nordquist left the meeting. CHAPTER 20.70 - STREET VACATIONS Jeff Wilson, Planning Supervisor, said the proposed draft amendments are specifically designed to revise the permit review process associated with a request for a street vacation. Currently, all street vacations must go through a public hearing before the Hearing Examiner where he issues a recommendation. The City Council then must in a regular meeting set a future hearing date. At the City Council hearing, the item is then considered based on the information developed at the City Council hearing with consideration of the Hearing Examiner's recommendation. Mr. Wilson said the State statutes which set forth the process for vacating City rights -of -way, envision a process which is solely at the City Council level. Mr. Wilson said the City Council, by law, has to review and decide on all street vacation applications. The Staff proposed amend- ment would eliminate the Hearing Examiner hearing in an effort to shorten the lengthy review and decision process. Mr. Wilson said the elimination of the Hearing Examiner hearing would not de- prive the public to participate, because by law, the City Council must hold a public hearing. Consensus of the City Council Councilmembers concurred that this amendment should be adopted and directed Staff to place this on an upcoming Consent Agenda for Council approval. Chapter 20.110-_CIVIC _VIOLATIONS: ENFORCEMENT PROCEDURE Jeff Wilson, Planning Supervisor, said the proposed amendments are to provide the City Code En- forcement Officer the authority and the procedures to enforce junk vehicle regulations on private property. Currently, the City Ordinance does not provide any clear authority or procedure to ad- dress junk vehicles on private property. The proposed amendments have been developed by the City Prosecutor. Consensus of the City Council Councilmembers concurred that this amendment should be adopted and directed Staff to place this on an upcoming Consent Agenda for Council approval. Item 3 Discussion on "ECDC SECTION 17.40 on "NONCONFORMING USES, NONCONFORMING BUILDINGS AND NONCOMFORNING SIGNS" was not discussed and Council President Earling noted this would be sched- uled on an upcoming Council agenda. > EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 May 17, 1993 Items 8 Discussion on "ECDC SECTION 21.05.025 "DEFINITION OF ALLEY" AND ITEM "ECDC SECTION 21.90.120 "DEFINITION OF STREET" were not discussed and Council President Earling said this would be scheduled on an upcoming Council Agenda. At 9:45 p.m, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO ADJOURN THE MEETING. MOTION CARRIED. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MEETINGS CAN BE LOGATED IN THE CITY CLERK'S OFFICE. • • �.a • or RhI d• J. MarchfTity Clerk EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 May 17, 1993 AGENDA EDMONDS CITY COUNCIL SPECIAL MEETING MONDAY, MAY 1711993 7:00 P.M. -10:00 P.M. COMMUNITY SERVICES. BUILDING CONFERENCE ROOM 250 5TH AVE. N., EDMONDS, WASHINGTON A SPECIAL COUNCIL WORKSHOP ON PROPOSED PLANNING BOARD AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE (discussion continued from May 4, 1993): 1. ECDC SECTION 17.00.060 2. ECDC CHAPTER 17.30 3. ECDC SECTION 17.40 4. ECDC SECTION 18.40.030 5. ECDC CHAPTER 20.20 6. ECDC CHAPTER 20.70 7. ECDC CHAPTER 20.110 8. ECDC SECTION 21.05.025 9. ECDC SECTION 21.90.120 ADMINISTRATION (Interpretations of this Code) FENCES AND HEDGES NONCONFORMING USES NONCONFORMING BUILDINGS NONCONFORMING SIGNS GRADING AND RETAINING WALLS (Conditional Use Permit) HOME OCCUPATIONS STREET VACATIONS CIVIL VIOLATION: ENFORCEMENT PROCEDURE DEFINITION OF "ALLEY" DEFINITION OF "STREET" Note: A public hearing may result from this discussion on all or a portion of the above agenda items. A tentative hearing date of June 15, 1993 has been scheduled. PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. The Council Agenda appears on Chambers Cable, Channel 32