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2025-02-18 Council Committee of Whole Packet
Agenda Edmonds City Council COUNCIL COMMITTEE OF THE WHOLE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 FEBRUARY 18, 2025, 6:00 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. 1. CALL TO ORDER 2. COMMITTEE BUSINESS 1. Progress on Code Updates (20 min) 2. Legal Assessment Committee Proposed 2025 Work Plan (30 min) ADJOURNMENT Edmonds City Council Agenda February 18, 2025 Page 1 2.1 City Council Agenda Item Meeting Date: 02/18/2025 Progress on Code Updates Staff Lead: Shane Hope Department: Planning & Development Preparer: Heather Lakefish Background/History Recent state legislation has resulted in new requirements for local comprehensive plans and development regulations. The City of Edmonds, by completing a major update of its Comprehensive Plan before the end of 2024, met its planning obligations but still has significant changes to consider for updating its development code. Under state law, many of these updates must be finalized by the end of June 2025 and others by the end of December 2025. (See attachment summarizing code topics that will need attention in 2025. It is copied from Council's January 7th agenda material.) Regardless, many other parts of the City's codes also need updating to make the regulations clearer, more effective, appropriate for current needs, user-friendly, and/or more consistent. Staff Recommendation Consider the information and provide any questions or comments. Narrative Information for each of the topics below is arranged in the following order, with an asterisk (*) by each code type that has a required deadline per state law. 1. Critical Timing Reminder 2. Future Reporting to Council 3. Community Engagement 4. City Resources 5. Middle Housing 6. Neighborhood Centers and Hubs 7. STEP Housing 8. Multifamily * 9. Design Review 10. Vehicle Parking 11. Zoning Map Update 12. Parks 13. Critical Areas 14. Co -living Housing 15. Miscellaneous Critical Timiniz Reminder Packet Pg. 2 2.1 More than half of the above code topics have state -required deadlines. Obviously, the City of Edmonds takes seriously its commitment to comply with state laws. Other factors are that, if not complying, the City: (a) would lose eligibility for many types of grants and loans; and (b) would be subject to increased litigation. Also, the "Middle Housing" code requirement has an additional compliance tool adopted under HB 1110. (See the Middle Housing subsection for an explanation.) Future reporting to Council Future updates to Council on the code update process will be included in most future "Committee Meetings of the Whole" and in other meetings, as needed. Community Engagement Community engagement is a major goal. It involves communicating with a wide variety of people in different ways, so that a broad cross-section of the public has the opportunity to know about and understand issues and proposals and to provide input. (At the same time, there are often other factors that the City must consider too.) On the one hand, not all community members will agree with whatever final action the City takes. On the other hand, the truth is that providing good opportunities for broad engagement Is extremely valuable. For Edmonds' 2025 Code updates, key community engagement opportunities include: o Online website for 2025 code updates (-2025 Code Updates City of Edmonds, WA <https://www.edmondswa.gov/government/departments/development services/planning divi sion/2025 code updates>) o Periodic updates to website o Press releases (including one just released about the new website) o Sign-up option online to get email updates o Online options to provide comments o Walking tours o Online open house o In -person open house o Planning Board meetings o City Council meetings. City Resources Even with the best intentions, the City's resources are limited to prepare and process complex code updates, provide public participation opportunities, and manage other work. Staff will continue to do as much as it can with available resources. Middle Housing: Due June30, 2025 * Middle housing (per HB 1110) requires Edmonds and other cities in our population size bracket to allow "at least two units per lot on all lots zoned predominantly for residential use". In addition, cities must allow at least four units per lot when either: (a) the lot is within 1/4 mile walking distance of a major transit stop; or (b) at least one of the units meets certain 50-years affordability requirements. City regulations must provide for at least six of nine housing types, including duplexes, townhomes, and others. Packet Pg. 3 2.1 Middle housing must be allowed to be sold separately, for example, through a unit lot subdivision process or a condominium process. This means that the City's subdivision code will need substantive updating. Because lots must be able to be subdivided, existing minimum lot sizes will not apply. Design review cannot be applied to middle housing unless it is based on "clear and objective standards", handled administratively, and is not more restrictive than for single-family housing. Under the law, development standards (such as setbacks) can be less restrictive but not more restrictive than for single-family housing. Additional requirements relate to parking, criteria for determining and monitoring housing affordability, etc. The legislation also directed the Department of Commerce to publish a model ordinance for implementing middle housing requirements. If a city does not adopt regulations to provide for middle housing in compliance with state laws by the due date, the following takes effect: "...the model ordinance supersedes, preempts and invalidates local development regulations until the city takes all actions necessary to implement... this act." Commerce's model ordinance has many useful aspects. It also has provisions that would require: o Greater maximum building height (35 feet, compared to Edmonds' current 25 feet in single- family zones); o Greater maximum lot coverage (45% compared to 35% in Edmonds current single-family zones); o Less front yard setbacks (10-15 feet, compared to 20-25 feet in some of Edmonds current single- family zones). NOTE: If Edmonds does not adopt regulations in compliance with state requirements by June 30, 2025, the state's model ordinance would automatically be in effect, superseding city regulations. Neighborhood Centers and Hubs: Due December3l, 2024 * Quite a bit of information has already been provided on this subject, so the information here is brief. Notably, an interim ordinance has been adopted to establish neighborhood centers and hubs that will include multifamily housing to help meet housing targets. However, the purpose of neighborhood centers and hubs goes beyond just having a minimum housing capacity number. It is also about: o Enhancing the neighborhoods, o Creating new options for pocket parks and other amenities o Improving walkability o Adding to our city's commercial base, and o Encouraging more opportunities for housing that is affordable to ordinary people. The attached flyer notes qualify of life benefits for such neighborhood. The interim ordinance provided a standardized approach to all nine neighborhood centers and hubs. Over the next several months, the intent is to consider each of the centers and hubs separately, see where there are commonalities and differences, and propose at least some standards that may vary depending on the center or hub. Some of the interim standards themselves could change too, based on public input and more analysis. STEP Housing: Due December3l, 2024 * Packet Pg. 4 2.1 Because this topic has been reviewed in prior Council meetings, information here will be brief. The Council adopted an interim ordinance on January 281", 2025, to meet state requirements for "STEP" housing (permanent supportive housing, transitional housing, emergency housing, and emergency shelters). A more permanent ordinance must be adopted before the interim one expires. Multifamily: Due June30, 2025 * Recent legislation applies to multifamily development, including to make new units easier to add. Also, SHB 1377 should be incorporated into city code, allowing bonus density for affordable housing on land of religious organizations. In addition, this would be a good opportunity to review design standards for buildings in multifamily zones that are not otherwise covered by district design standards. Design Review: Due June 30, 2025 * The design review process and criteria for design standards are directly impacted by recent state legislation, including HB 1293, which generally requires that: (a) design review be conducted administratively or subject to no more than one public meeting; and (b) design standards must be clear and objective. These requirements came about because across the state, many city design review processes took a long time and were expensive for people wanting to build; in addition, many of them had confusing standards and lack of certainty. Vehicle Parking: Due June30, 2025 * State legislation also affects how many vehicle parking spaces can be required for certain types of housing. It also changes the maximum dimensions a city can require for certain types of vehicle parking. Zoning Map Update The update will be to make any needed changes for consistency with the Comprehensive Plan. It should include new names for existing single-family zones because the basis for those names (such as "RS 6", which is a zone where each lot must be a minimum of 6000 square feet, and "RS 8", which is a zone where each lot must be a minimum of 8000 square feet) no longer applies. Parks Minor updates to the regulations for parks (coordinated with the Parks Department) will make some aspects of parks improvements easier to manage. Also, the language for parks impacts fees is problematic and a change would benefit the city. Critical Areas: Due December3l, 2025 * Critical areas under the Growth Management Act include: wetlands, fish and wildlife conservation areas, critical aquifer recharging areas, frequently flooded areas, and geologically hazardous areas. State laws and administrative codes apply to these. Periodically, state agencies update their guidance on critical areas. Edmonds is due to review its critical area regulations and make updates as needed. Co -living Housing: Due December3l, 2025 * This relates to HB 1998, which requires cities to allow "co -living housing" on any lot that allows at least 6 housing units per lot. Co -living housing, by definition in the statute, is a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space; residents may share kitchens with other units in the building. Packet Pg. 5 2.1 MisrPllanPnus Minor amendments are likely needed for other parts of the development code, including for: Title 19 Building Code Tree Code (as needed for legal clarity) SEPA process updates Title 21 Definitions Attachments: Topics for 2025 Code Updates Quality and Life and Environment Fact Sheet_2023 Packet Pg. 6 2.1.a 01/06/25 Topics for 2025 Code Updates Introduction Housing -related legislation was a major topic for state legislation over the last few years. Other key topics have included climate planning and critical area issues. Updates required by a certain completion date must be adopted by the due date or the City will be considered non -compliant and ineligible for grants until the necessary updates are adopted. While updating the Comprehensive Plan by the end of 2024 was a huge achievement, code updates will be a major task in 2025. City progress For state -required code updates by the end of 2024, Edmonds has already completed the following: • Accessory dwellings (per HB 1337) • Permit processing (per HB 5290) • Removal of limits to number of people occupying a household (per ESSB 5235). Still due for 2024 Two key code updates that were due by December 31, 2024, could not be completed ahead of the Comprehensive Plan update (as adopted December 17, 2024). However, these two code updates are proposed for adoption as interim ordinances, which the City Council will consider separately on January 7th. The two interim (temporary) ordinances are for: 1. Neighborhood centers and hubs to accommodate housing and commercial 2. Permanent supportive housing and emergency shelters ("STEP housing"). Due by June 30, 2025 The following topics are required for code updates by the end of June 2025: • Middle housing (per HB 1110 and HB 2321, expected to amend residential zoning districts, subdivision, etc.) • Design standards and review process (per HB 1293) • Vehicle parking (per SB 6015, SHB 2343, ESSB 6617) • Multifamily (making units easier to add under HB 1042, SSB 5058, and HB 1181) • Bonus density for affordable housing on land of religious organizations (per SHB 1377). Due by December 31, 2025 The following two topics must be addressed by the end of 2025: 1. Critical area regulations, as needed (due at end of December 2024--but with a one-year grace period) 2. Co -living housing (subject of HB 1998). Other code updates useful (or necessarv) in 2025 Additional code amendments likely to be useful or necessary in 2025 include: • Zoning Map updates (specifically for neighborhood centers and hubs and residential districts) • Final version of Neighborhood Centers and Hubs • Final version of STEP housing • Definitions in Title 21 ECDC, as needed • Minor amendments to clarify requirements for parks • Minor amendments to Title 19 (Building Code). • Minor amendments to Tree Code (to address legal findings, etc.) • Minor amendments to HWY 99 subarea, especially for "transitions" Packet Pg. 7 2.1.b HOUSING, QUALITY OF LSE, IS THE ENVIRONMENT IN WASHINGTON STATE MORE HOUSING AND BETTER QUALITY OF LIFE CAN HAPPEN TOGETHER More housing and diverse types of housing need to be added in Washington, while we provide a high quality of life for people of all income levels, which includes protection of our natural environment. Building diverse types of housing in our communities contributes to everyone's quality of life --and promotes vibrant community centers and equitable access to the things we all need, like businesses and schools. WELL -PLANNED COMMUNITIES ARE HEALTHY COMMUNITIES A high quality of life means our communities are healthy and vibrant, with attainable housing for all types and sizes of households and with abundant trees, parks, and open space, as well as economic vitality and jobs. It also means that we don't spread growth into rural areas or into farm and forest lands —the heritage we want our children to have. Some people may wonder whether you can have more housing and still have healthy communities and a sustainable natural environment. The answer is yes --if you plan it well and follow up on those plans with incentives, regulations, and partnerships. For example, in well -planned communities, many people can walk, bike, or take transit instead of driving in cars. This results in less energy usage, less air and water pollution, and lowers our climate impacts. Well - planned communities allow people to be closer to their jobs, schools, coffee shops, grocery stores and medical offices. That saves not only natural resources, but also time for people to spend with family and friends and do other activities. Well -planned communities are inclusive, offering opportunities for people with different backgrounds and incomes. HOUSING, QUALITY OF LIFE, &THE ENVIRONMENT IN WASHINGTON STATE 40�� wDepartmentof 940 Commerce Packet Pg. 8 2.1.b \ I -O ❑!1 !lII o �4 o � o 0 n113 ❑o n0no°°oon no n n Building more housing doesn't mean less trees or fewer green spaces in Washington. a COMMUNITIES IN WASHINGTON ARE WORKING TO ACHIEVE MORE HOUSING AND A HEALTHY ENVIRONMENT o U Cities and counties in Washington must plan and adopt regulations under state laws (such as the Growth o Management Act) to help achieve more housing and a healthy environment over the long term. L Most of them, starting with cities and counties in the central Puget Sound region, must update their plans and a regulations to accommodate more housing and meet other needs, with the first set of due dates by the end of —� 2024 and for some housing regulations by July 2025. That work has started in many communities throughout o our state. N. Cities and counties across Washington are working to update their plans and regulations to meet our housing needs. Learn more about housing in your community, and how you can help from the Washington State Department of Commerce at www.commerce.wa.gov/planning-for-housing Your name here TITLE Division, City, or County name@commerce.wa.gov (XXX) XXX-XXXX 1 Puget Sound Regional Council & Washington State Department of Commerce December 2022 Housing Survey_(psrc.org) 11 HOUSING, QUALITY OF LIFE, & THE ENVIRONMENT IN WASHINGTON STATE Va. I Packet Pg. 9 2.2 City Council Agenda Item Meeting Date: 02/18/2025 Legal Assessment Committee Proposed 2025 Work Plan Staff Lead: Councilmembers Paine and Tibbott Department: City Council Preparer: Beckie Peterson Background/History In 2023, Council passed Ordinance 4318, which amended Chapter 2.05, "City Attorney and City Prosecutor," to authorize the creation of a Legal Assessment Committee. The mission of this committee is to conduct an annual review of the city attorney and the city prosecutor performance and, periodically, to make recommendations regarding any proposed changes "to the continue with the present professional services contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney or city prosecutor positions as employees of the city administration." Recommendation Review the proposed 2025 Legal Assessment Committee Workplan and forward for approval on a future consent agenda. Narrative This working committee is comprised of Councilmembers Neil Tibbott and Susan Paine. After consultation with members of the administration, the Legal Assessment Committee proposes the attached workplan for 2025. Attachments: ECC 2.05.035 2025.02.18 Legal Assesment Committee - Proposed 2025 Work Plan for COTW Packet Pg. 10 Ch. 2.05 City Attorney and City Prosecutor I Edmonds City Code Page 1 of 1 2.2.a i obeobi e fl»®±(D ,2 ,/,> as '»©o The city council shall convene a permanent, standing legal assessment committee, comprised entirely of three council members or less, who undertake the responsibility of assessing both the city attorney and the city prosecutor's performance on an annual basis. The legal assessment committee may make a recommendation, from time to time, as needed, to the entire council to either continue with the present professional services contracts, publicize a request for proposal process, or seek to transition towards making either the city attorney or city prosecutor positions as employees of the city administration. The mayor and city council may also conduct joint performance reviews as appropriate. [Ord. 4318 § 2 (Exh. A), 2023; Ord. 4279 § 1 (Exh. A), 2022]. ±2'/4 1?. /1(&62 (EL «' N®142 �2 1/� i i e66° �--»'/O�§ i' N 6-1 i 6 Disclaimer: The city clerk's office has the official version of the Edmonds City Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. Ln M O LO O N C) tU uJ c m E t 0 ca r w Q The Edmonds City Code is current through Ordinance 4356, passed May 21, 2024. Packet Pg. 11 2.2.b OF LD4f � O lJ / Edmonds City Council ' lriy° LEGAL ASSESSMENT COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 Proposed 2025 Legal Assessment Committee Work Plan COMMITTEE MEMBERS: SUSAN PAINE, NEIL TIBBOTT 1. Annual Assessment of Legal Vendors 1. City Attorneys' Assessment: Legal Assessment Committee members will Initiate input from the following members of Edmonds city government: • Elected Officials: Mayor, Councilmembers • Administration/Staff who regularly interact with City Attorneys: Directors, Senior Management, Court Staff (e.g. Court Administrator), Police Staff (e.g. Public Information Officer) This outreach will consist of an email with specific feedback -focused questions that the Legal Assessment Committee members would be available to receive at any time. Committee members will make specific outreach inquiries. (February to July, 2025) • Have follow up meeting with a representative of the city attorney firm to discuss results of feedback. (August 2025) • Draft a memo to be presented to Council and the public summarizing results of the review process with the Committee's recommendation (if any). (September 2025) 2. City Prosecutor Assessment: The Legal Assessment Committee will receive from HR and review monthly reports regarding the City Prosecutor contract obligations as specified in the contract amendment. • The Legal Assessment Committee will participate in a quarterly meeting as referenced in the contract amendment, in person or by videoconference, for the purpose of a more detailed performance report from the contractor. (proposed May and August) Packet Pg. 12 2.2.b Invite the following members of Edmonds city government to private interviews with the Legal Assessment committee: (March to July) • Elected Officials: Mayor, Councilmembers • Administration/Staff/Public Defenders who regularly interact with City Prosecutor: Court Administrator, Police Staff (e.g. Public Information Officer, Domestic Violence Specialist) • Have follow up meetings with HR, sharing our review comments. Have follow up meeting with representative of the City Prosecutor firm to discuss results of interviews. Draft a memo to be presented to Council and the public summarizing results of the interview process with the Committee's recommendation (if any). (September 2025) Packet Pg. 13