Ordinance 4173ORDINANCE NO.4173
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS COMMUNITY
DEVELOPMENT CODE SECTION 20.75.045 TO CHANGE THE
PROCESS FOR UNIT LOT SUBDIVISIONS; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the unit lot subdivision process was adopted in 2017 to allow for the
creation of "fee -simple" residential ownership opportunities (e.g., allowing townhomes to be
individually owned) in certain multifamily and commercial zones; and
WHEREAS, staff has identified the need for a minor change to application timing within
the unit lot procedure to make the associated building permit reviews more efficient for both
staff and applicants; and
WHEREAS, to streamline the process, unit lot applications should no longer be accepted
after building permits are submitted; and
WHEREAS, new language is also proposed in that subsection for unit lot applications on
sites that are already built out, intending to emphasize the need to comply with current building
code separation requirements in such circumstances; and
and
WHEREAS, staff introduced this topic to the Planning Board on November 13, 2019;
WHEREAS, the Board then held a public hearing on December 11, 2019; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 20.75.045 of the Edmonds Community Development Code, entitled
"Unit Lot Subdivision," is hereby amended to read as set forth in Attachment A hereto, which is
incorporated herein by this reference as if set forth in full (new text shown in underline; deleted
text shown in strike through).
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
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 title.
ATTEST/AUTHE ICATED:
r
CF CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
(2e44---
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
APPROVED:
MAY6R MIKE NELSON
February 21, 2020
February 25, 2020
February 28, 2020
March 4, 2020
4173
2
SUMMARY OF ORDINANCE NO.4173
of the City of Edmonds, Washington
On the 25th day of February, 2020, the City Council of the City of Edmonds, passed
Ordinance No. 4173. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE SECTION
20.75.045 TO CHANGE THE PROCESS FOR UNIT LOT
SUBDIVISIONS; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 261h day of February, 2020.
CL K, SCOT ASSEY
3
Exhibit 1
20.75.045 Unit lot subdivision.
A. Purpose. The unit lot subdivision process provides opportunities for dividing fee simple
ownership of land to create townhouses, rowhouses and similar fee -owned dwelling units as an
alternative to both condominium ownership and traditional single-family detached subdivision.
Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC
Title 16 by analyzing whether the parent lot complies, but not requiring that each newly
created lot within the unit lot subdivision (the unit lot) complies, with those dimensional
standards. A unit lot subdivision does not permit uses or densities that are not otherwise
allowed in the zoning district in which the unit lot subdivision is proposed.
B. Applicability. The provisions of this section apply exclusively to the subdivision of land for
single-family dwelling units, townhouse, and rowhouses and may be applied only in the
following zones: multiple residential, general commercial, and Westgate mixed -use. A single lot
within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all
such dwelling units within one building. Flats are permitted as an element of a unit lot
subdivision only when a single lot within a unit lot subdivision contains the entire building in
which flats are located.
C. Association with Site Development — Application Timing. In the case of a vacant lot or a
redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunction
with or su1-.sequem t preceding a development site plan as required by Chapter 20.10, 20.11,
or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted in conjunction with
or subs.,... ent t.. preceding a building permit. For existing developed sites, a preliminary unit
lot subdivision application may be submitted at anytime. If the subdivision involves creating
unit lot lines within common walls, a building permit application is required in order to verify
that the walls meet the separation requirements in effect at the time of the subdivision
application.
D. Conformance with Standards of the Parent Lot. The parent lot must comply with and is
vested to the applicable development standards (ECDC 20.75.030(E)) in effect at the time a
complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot
subdivision, the individual unit lots within the subdivision may be nonconforming with respect
to the bulk and dimensional standards required by ECDC Title 16.
As with dimensional standards, compliance with access standards, including but not limited to
fire lanes, drive aisles, turn-arounds, and access of/to the parent lot from/to the street will be
evaluated based on the parent lot's compliance with such requirements, and not based on
whether individual unit lots meet such standards.
E. Future Additions and Modifications. Subsequent platting actions, additions or modifications
to the structure(s) may not create or increase any nonconformity of the parcel lot. Changes
requiring permitting that affect only the interior of building units will be evaluated for
compliance with the requirements only for that unit. Any exterior changes will be evaluated for
Exhibit 1
compliance by considering whether the parent lot would still comply with applicable
development standards. Any application for such external changes will require authorization of
all owners of affected unit lots or approval of the HOA where changes to commonly owned
tracts are proposed.
F. Homeowners' Association Ownership of Common Areas. Any commonly used areas or
facilities within a unit lot subdivision, including but not limited to common access, garage or
parking areas, common open space or recreation space, common courtyards, commonly used
stormwater facilities or side sewers and other similar features, must be owned and maintained
by a homeowners' association with the right to assess the individual unit lot owners as
necessary to properly maintain and repair such areas. Appropriate documentation regarding
the rights of the homeowners association must be submitted for recording with the final plat.
G. Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed
and recorded as an element of the final unit subdivision plat or short plat for maintenance of all
building exteriors except in cases where all dwelling units are detached. The maintenance
agreement must require equal participation by all owners within any one building and must be
recorded on the final unit lot plat. The requirement does not apply to detached single family
dwelling units. Common wall construction must meet currently adopted building codes.
H. Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling
unit may be provided on a different unit lot than the lot with the dwelling unit as long as the
right to use that parking is formalized by an easement on the final plat.
I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot
and that additional development of the individual unit lots may be limited as a result of the
application of development standards to the parent lot must be noted on the final plat.
J. An application for final unit lot plat will not be accepted until all foundations, including
common wall foundations, are installed and located on the face of the final plat by the land
surveyor of record.
K. Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short
subdivisions while five or more lots are formal subdivisions pursuant to Chapter 20.01 ECDC
and the requirements of this chapter. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1),
2017].
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Leanna Hartell being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated ,June 16, 1941, and that the annexed
is a true copy of EDH892392 ORDINANCE 4173,
4174 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of I
issue(s), such publication commencing on
02/28/2020 and ending on 02/28/2020 and that
said newspaper was regularly distributed to its
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The amount of the fee for s clt Rubblication is
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OF
day of
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Classified Proof
ORDINANCE SUMMARY
of the Cily of £drnOntls. Washington
On the 15Sh day of February. 2020, the Cey COunciI of tho Cily Of
Eomonds, pas8ed Ins lovowing Ordinances, the sum manila of said
ordinances c onsi sling of Wine Ar8 avWad an FONcWS
N0. 4173
AN OROINANCOR BE CITY OF EOMONDS,
WASHINGTON AMENDING EDWN138 COMMUNITY
DEVELCPMEN�' CODE SECTION 20.75 00 TO CHANGE
THE PROCESS FOR UNIT LOT SL801VISIONS-
PROVt[)IKG FC#i SEVERA131L[TY: AND SETTING Rta
EFFECTNE DATE.
gf2p1NA NC': N5z 4i74
AN OMINANCE' SHE CITY OF EDMONDS,
WASHINGTON. AMENDING ORDINANCE NO 4188 AS A
REMT TRANSFERS
EXPENDITURES OFAVAR[OUSEFUNDS. AND FIXINGNA
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The rum te)Ij Of %hero DrdnenCes wi11 be mailedupon
yupon In GNrsyt
GATED iCiry CILERKOSCOTT PA2020,
SS£Y
Published, February-2B,2020, ED111884392
Proofed by Hartell, Leanna, 02/28/2020 09:34:19 am Page: 2