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2021-02-10 Planning Board PacketC)p E 04 � O Planning Board Remote Zoom Meeting Agenda 121 5th Ave. N. Edmonds, WA 98020 www.edmondswa.gov Michelle Martin 425-771-0220 Wednesday, February 10, 2021 7:00 PM Virtual Online Meeting Remote Meeting Information Join Zoom Meeting: https://zoom.us/j/94929270967?pwd=MOFMaU5SNXFwTIRZMkFDTGcxVnRaQT09 Meeting ID: 949 2927 0967. Passcode: 914397 Call into the meeting by dialing: 253-215-8782 Land Acknowledgement for Indigenous Peoples We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. 1. Call to Order Attendee Name Present Absent Late Arrived 2. Approval of Minutes A. Generic Agenda Item (ID # 5281) Approval of Minutes Background/History N/A Staff Recommendation Approve meeting minutes from January 27th, 2021 ATTACHMENTS: • PB210127d (PDF) Planning Board Page 1 Printed 21512021 Remote Zoom Meeting Agenda February 10, 2021 3. Announcement of Agenda 4. Audience Comments 5. Administrative Reports A. Generic Agenda Item (ID # 5282) Director Report Background/History Director Report typically reviewed at each meeting Staff Recommendation N/A ATTACHMENTS: • Director. Report. 02.10.2021(PDF) 6. Public Hearings 7. Unfinished Business A. Generic Agenda Item (ID # 5298) Review of an interim zoning ordinance amending Chapter 17.75 ECDC, entitled "Outdoor Dining," and a related section in Chapter 17.70 ECDC Background/History The City Council adopted Ordinance 4210 on December 15, 2020, as an interim zoning ordinance. Staff Recommendation Review and provide direction for a public hearing in March. ATTACHMENTS: • Attachment 1: Outdoor dining interim zoning ordinance (PDF) • Attachment 2: 2020-12-15 City Council Minutes (PDF) 8. New Business A. Generic Agenda Item (ID # 5276) Code Amendment to Broaden Applicability of the Unit Lot Subdivision Process Background/History This is a new code amendment request from a private applicant (File AMD2020-0003). Staff Recommendation Discuss proposed code change and schedule a public hearing (tentatively scheduled for March 24th). Planning Board Page 2 Printed 21512021 Remote Zoom Meeting Agenda February 10, 2021 a A. ATTACHMENTS: • Attachment 1 - Land Use Application (PDF) • Attachment 2 - Code Amendment Narrative (PDF) • Attachment 3 - draft 20.75.045.E Applicability - Unit lot subdivisions in BD zones (PDF) • Attachment 4 - draft 20.75.045.E Applicability - Unit lot subdivisions broadly (PDF) Planning Board Extended Agenda Generic Agenda Item (ID # 5300) Extended Agenda Background/History The Planning Board extended agenda is reviewed each meeting. Staff Recommendation N/A ATTACHMENTS: • 02-10-2021 PB Extended Agenda (PDF) Planning Board Chair Comments Planning Board Member Comments Adjournment Planning Board Page 3 Printed 21512021 2.A Planning Board Agenda Item Meeting Date: 02/10/2021 Approval of Minutes Staff Lead: Rob Chave Department: Planning Board Prepared By: Michelle Martin Background/History N/A Staff Recommendation Approve meeting minutes from January 27th, 2021 Narrative Meeting minutes attached Attachments: PB210127d Packet Pg. 4 2.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Virtual Meeting Via Zoom January 27, 2021 Chair Rosen called the virtual meeting of the Edmonds Planning Board to order at 7:00 p.m LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES Board Member Pence read the land acknowledgement. We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. 0 BOARD MEMBERS PRESENT STAFF PRESENT > Mike Rosen, Chair Rob Chave, Planning Division Manager o Alicia Crank, Vice Chair Angie Feser, Director, Parks, Recreation and Cultural Services a Matthew Cheung Shannon Burley, Asst. Director, Parks, Recreation and Cultural Q Todd Cloutier Services Nathan Monroe ti N Roger Pence c Daniel Robles cm Conner Bryan, Student Representative a READING/APPROVAL OF MINUTES E z BOARD MEMBER ROBLES MOVED THAT THE MINUTES OF JANUARY 13, 2021 BE APPROVED AS PRESENTED. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS Due to technical challenges this agenda was moved to the end of the meeting. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD No report was provided. Packet Pg. 5 2.A.a PARKS, RECREATION AND CULTURAL SERVICES UPDATE Ms. Feser recalled that the last department update was in July of 2020, but she also provided an overview of the department's activities as part of the presentation she made to the Board in October regarding the Capital Improvement and Capital Facilities Plans. In addition to the items she reported at that time, she highlighted the following Department activities: • As a result of the pandemic, the department's programs were significantly modified, shifting many of them to the virtual realm. They worked hard to build creative programs based on the Governor's orders. • Throughout the fall, they had to address issues with renters of the indoor and outdoor spaces, as well as tenants at the Anderson Center. Although the building is technically closed to the public, a few tenants (Edmonds Montessori, Main Street Kids Daycare, Olympic Ballet and SnoKing) have continued to function or have started to operate again. Programming and custodial staff continue to work on site, as well. • The capital and operating budget processes were challenging, as it was difficult to predict expenditures and revenues a year out when it wasn't even possible to predict a month out. They ended up snapshotting 2021 in a conservative way, doing 50% across the board on a lot of the programs. • The department continued to support five advisory boards (Youth Commission, Mayor's Conservation Advisory Commission, Edmonds Arts Commission, Cemetery Board, and Planning/Park Board). • Two applications were submitted to the Recreation and Conservation (RCO) Office for funding for Marina Beach Park. One was ranked 11t, and the other was ranked 18t' out of 80+ projects. They will learn about the funding for these two grants after this year's legislative session concludes. • The Edmonds Marsh has become a priority for the City's leadership, and a consultant was hired to finish the Critical Area Permit for the entire marsh. Once completed early this year, the City can set up volunteer work parties to do restoration throughout the entire marsh. o • The park maintenance staff are resilient and patient and continue to function under the pandemic guidelines that were put in place 8 months ago. They still have two separate crews and eat lunch in their trucks. They haven't been o able to hold a maintenance division meeting with all staff due to the pandemic restrictions, either. a • They have only been able to offer limited volunteer opportunities, and they are still experiencing an increased Q demand for park services. Even in the winter, there is an increased demand for litter and restroom service on nice days. Staff is working hard to keep the parks clean and safe. N • The City's annual tree lighting event was cancelled. Instead, the parks crew put the lights on a timer so they came c on daily at 5 p.m. during the holiday season. Christmas music played at the same time. Part way through, they N found that squirrels were damaging the lighting wires, and the solution was to leave the lights on 24/7. a • The framework has been built for the Edmonds Museum's art installation, which is a Native American carving, and IL the art will be installed in the next few weeks. c • The parks crew also recently installed the new Chamber sign. • The Park Department's portion of the Waterfront Center project has been finished. The project's five goals were: removing hazardous material, reconfiguring the parking lot to reduce the amount of impervious surface, rehabilitating the beachfront, increasing public access to the waterfront, and improving recreational opportunities. The park and parking lot are open, but the building is not yet open. • The programming staff was incredibly resilient. Some of the bigger programs that went online experienced increased attendance. For example, participation in BirdFest increased by 300%. They had creative solutions for the summer programs and fitness classes. The scavenger hunts in the parks were designed to encourage families to get out, and they received good feedback. • The CRAZE Program List was published to provide information about the programs that are offered online, and it tied right into the registration system. • The City has programming time in the new Waterfront Center, and a recreation coordinator was hired to run the programs in that location. The programs are ready to move forward as soon as the building is open. • All full-time staff have been retained during the pandemic. One of the recreational coordinators was repurposed to support the Cemetery Board and is involved in a capital project there. The other one is helping her with land acquisition. They have both been a tremendous help to get other planning programs moving. • At the direction of the Mayor, the Parks staff made weekly contact with all of the long-term care facilities in Edmonds (65) to see how they were faring and offer support to meet their needs. They are now tracking their Planning Board Minutes January 27, 2021 Page 2 Packet Pg. 6 2.A.a vaccination processes. They also act as a conduit for the centers to provide required information to the Snohomish County Health District. • The Learning Enhancement and Activities Program (LEAP) is a new program that started in October. They found that, with the Edmonds School District doing distant learning, it was almost impossible for some families to support their children in their academic endeavors because they had to work. The LEAP Program serves 2nd to 6`h graders and is tied directly into the school district's distant learning program. The program is bundled with a daycamp approach for the breaks and recesses, etc. They have been very careful to observe pandemic procedures, isolating the students in small pods. To date, there has been no COVID outbreak related to the program. The program was funded via the CARES Act through the end of December, so there were no direct costs to the City, and Verdant Healthcare agreed to pay for half of the program costs in January and February. They had hoped there would be additional CARES Act funding or that school would be back in session by the end of February, and they are now searching for donations and partners. The program currently serves 29 or 30 children, and all but four are on full scholarship. • The Cultural Arts Program continued in 2020. About 180 people participated in the virtual Write on the Sound event, and five concerts were provided through the Hazel Miller Grant Program. The performances were video recorded and played via City television and YouTube. There was a virtual open house for the 4th Avenue Cultural Corridor with more than 240 people responding, and a one-time granting program was created for 2021 offering small and large grants that focus on inclusion and accessibility for everyone in the community. • The Civic Playfield Project will probably go out to bid in March, and drawings are being finalized at this time for the bid process. � • A new Salmon Safe Certification Program was created that uses a consultant to snapshot the City's policies and operating procedures to evaluate water quality throughout the City. Salmon is used as an indicator species to gauge that water quality. The program will ramp up at the end of the 1 3t quarter or beginning of the 2nd quarter. o • Outside of their routine work, the parks crew accomplished a number of small park capital projects. The schedule 0 includes a number of projects at Yost Pool, installation of a new greenhouse, spray park upgrades to incorporate a o UV system, City Park pathway, SR-104 sign installation, and the Brackett's North restroom refurbishment. a • They are exploring the expansion of the columbarium at the cemetery. Phase 2 calls for bringing in three Q- Q components of niches to be dropped in an existing build structure. • The recreation programming and facility rentals in 2021 will be based on when the pandemic restrictions areCN ti changed and/or lifted. The goal is to remain as flexible as possible. Board Member Cloutier said he heard from friends who were working with EarthCorp that they were unable to continue their work with park cleanup, removing invasive species, etc. He asked why the program was discontinued. Ms. Feser answered that EarthCorp had a contract with Safe Salmon Solutions to perform this work, and Safe Salmon Solutions recently shifted to a different group. The work is still getting done, but by a different group. Board Member Pence asked what is on the horizon in 2021 for the 41h Avenue Cultural Corridor Project. Ms. Feser responded that the City did not receive funding to continue the work in 2021. Staff will provide an update to the City Council in February, reviewing the information received at the open house and identifying the next steps in the process. Board Member Pence pointed out that 29 to 30 students being served by the LEAP Program is such a tiny fraction of the student population in the City. He asked if the program had a limited capacity, and Ms. Feser answered that the program was designed to expand and contract based on enrollment. At one point, they were targeting 100 kids, and they worked hard to get kids enrolled. Students who were on the free or reduced meal program with the school district qualified for free enrollment, and families could also explain hardship situations. There are four or five students who pay $150 per week. They promoted the program through the school district and other avenues. While they had a tremendous response from people who live in Lynnwood, there was much lower interest from Edmonds residents. The program was only offered to Edmonds residents. Ms. Burley added that the Boys and Girls Club and the YMCA offer similar programs. She summarized that many of the children who are enrolled in LEAP have significant needs, including social and emotional challenges, and the services provided by LEAP are enhanced. Each of the programmers know the students' teachers so they can support them on a deeper level. They discovered the need was more qualitative rather than quantitative. Board Member Pence asked for an update on when the welcome sign on SR-104 would be installed. Ms. Feser said it is scheduled for installation in 2021. She said the sign has been fabricated, but the budget has been spent. That means that Planning Board Minutes January 27, 2021 Page 3 Packet Pg. 7 2.A.a installation must be done in house. The existing sign must be torn down, and a crane must be used to set the new post. Because the location will shift, crews must also redo the irrigation and plantings. Up to this point, they haven't had the resources to do the work. Board Member Pence pointed out that Edmonds City Code (ECC) 10.40.C.3 reads, "The Board shall serve as an ongoing Park Board and advise the Mayor and City Council on all matters relating to the acquisition and development of all City parks and recreation facilities. " He summarized that, based on this code, the Planning Board has a legally -defined role in the City's parks and recreation program. Chair Rosen offered that parks are critical and vital to air quality, water quality and providing critical habitat, and they absolutely improve the quality of life. He believes that, for a lot of people, it was a city park that gave them their first exposure to nature and biodiversity and inspired an ethic to start liking nature and living things. He also believes that the earth's inhabitants are borrowing the land, and the City's parks team is a very inspiring group of stewards. They are lucky to have them, and it is obvious their work goes beyond just being a job. He thanked them for their work and passion. Ms. Feser agreed to share this complement with the entire staff. PARKS, RECREATION AND OPEN SPACE (PROS) PLAN PRESENTATION Ms. Feser advised that the PROS Plan must be updated by 2022. The purpose of the presentation is to request recommendations from the Planning Board in regard to the focus and contact of the future PROS Plan work and to request that the Board designate a representative to serve on the PROS Plan Advisory Group. Staff would like to hear from the41 Planning Board their preferences for focus areas and content. Although there are some basic components of most PROS plans, each community has the opportunity to tailor focus areas based on current priorities as they relate to parks, trails, open spaces, recreation facilities and amenities and recreation and cultural arts programming. Ms. Feser reviewed that the PROS Plan is intended to be a 6-year guide and strategic plan for managing and improving the a existing parks, open spaces and recreational opportunities. It provides guidance when developing strategies for new or Q. revised policies and is built on a thorough public process. It is a tool for communication and conveying the department's Q work, decisions and efforts, and it is also required for grant application eligibility. The vast majority of significant grants are M managed through the State of Washington's Recreation Conservation Office (RCO), and it requires that PROS plans are no N older than six years. o Ms. Feser said typical components of a PROS Plan include goals and objectives that identify, recognize and quantify community priorities and create the ability to measure progress. Plans also develop project lists based on priorities, as well as funding sources and strategies that feed into the 6-year Capital Improvement Plan (CIP). The information in the plan also supports the 20-year Capital Facilities Plan (CFP). The implementation strategies in the plan outline how the goals and objectives can be made actionable. As part of the update process, they will need to identify the community's strengths, how the parks can best serve the community, and how to prioritize and focus the City's resources over the next 10 years. Ms. Feser advised that the PROS Plan Update must be adopted by the City Council by the end of February 2022. If the City misses this deadline, it wouldn't be eligible for grant applications until 2024 because the RCO process is biannual. She summarized that it is important that the deadline is met. She briefly reviewed the steps involved in the planning process, including hiring a consultant, inventorying the existing facilities and their conditions, completing a gap analysis for the needs assessment, creating goals and strategies, collecting information and preparing a draft plan, and adopting the final plan. She emphasized that community engagement and involvement will be a huge part of the process to ensure that the final update reflects what the community wants. Ms. Feser said that, at this time, staff is seeking feedback from council advisory groups to help shape the content and focus of the update. There will be heavy community involvement during the needs assessment phase, and during the remaining phases the draft documents will be reviewed by the public and feedback will be solicited. She emphasized that community listening is essential to informing and building the PROS Plan goals and strategies in conjunction with the asset inventory. They will use various forms to engage the public in meaningful ways, working around the pandemic guidelines. Over the past year, they have learned that online open houses tend to have more public involvement than in -person events. Methods for community engagement will be one of the key questions when interviewing potential consultants. Planning Board Minutes January 27, 2021 Page 4 Packet Pg. 8 2.A.a Ms. Feser said that earlier PROS Plans, going back to 1986, will be used for reference, as will other related plans, including the 2009 Aquatic Facility Study, 2014 Community Cultural Plan, 2019 Urban Forestry Management Plan, and the City's 2017 Comprehensive Plan. Ms. Feser provided an overview of the four main sections of the current PROS Plan: System Needs. This involves an inventory of the existing system, identifying the sizes and existing conditions, the amenities inside of them, etc. It includes capturing other publicly -accessible facilities such as the county and school district facilities within the City's boundaries. A habitat inventory is also part of the City's PROS Plan and includes ecological diversity, marine environment, estuaries, fresh -water lands, upland native vegetation and forest, and wildlife inventory. The community needs are also quantified in the plan. However, the traditional way to measure based on quantity per 1,000 population can be too limiting. A more recent qualitative approach is based on true accessibility to facilities. • System Concepts, Goals and Objectives. The system concept in the PROS Plan is defined by four key concepts: expand and connect recreation opportunities, capitalize on the unique identity of Edmonds, look forward to the big ideas that represent the future of Edmonds, and steward and activate key community assets. This concept is supported by seven primary goals, each with objectives and related projects and initiatives. The goals are as follows: rn 1. Lead collaborative efforts to fulfill the community's needs for parks. This involves working with community 3 partners and resources (county, school district, non -profits, etc.) 2. Provide an interconnected park system that offers a wide variety of year-round recreation opportunities and experiences in harmony with Edmonds' cultural identity and the natural environment. This involves looking at o how the various elements of the overall park system connect and work together. a 3. Preserve and expand opportunities for pubic access and enjoyment of the shoreline in Edmonds. The City has Q more than 1 mile of access to Puget Sound, as well as some fresh -water access. -- 4. Preserve and provide access to natural resource lands for habitat conservation, recreation, and environmental education. N 5. Provide recreation opportunities and experiences to promote a healthy, active and engaged community year- round. N 6. Provide arts and culture opportunities and experiences to promote an engaged and vibrant community. a 7. Provide a high quality and efficient level of maintenance for all parks and related public assets in Edmonds. As the system continues to expand, they will need to provide adequate maintenance for the new facilities. m r Ms. Feser pointed out that the pandemic has demonstrated the value of parks for the community and across the nation. Action Plan. The current plan list 86 action items, and many of them are sizeable projects and initiatives to implement the goals of the PROS Plan. While they are all viable and worthy, they are possibly a little overwhelming. The prioritization framework identifies operational considerations and resource availability to help identify what should be done first. Funding Plan. This section includes a funding plan and a list of identified capital projects and estimated costs, which assists in the development of the Park CIP. It also identifies ongoing operational impacts to those ideas. There is a good implementation timeline that recommends short and long-term projects to consider. The last part of the chapter is a comprehensive collection of the funding sources, including City funding (general fund, real estate excise tax, park impact fees and bonds). It also lists all of the various grant opportunities that are available at the local, state and federal levels. In addition, it outlines some more complex approaches such as a parks foundation or a metropolitan park district Planning Board Minutes January 27, 2021 Page 5 Packet Pg. 9 2.A.a Ms. Feser said the update is currently in the scoping and development phase, and staff is working with five advisory groups: Planning/Park Board, Mayors Advisory Committee, Youth Board, Diversity Commission and Arts Commission. The next phase will be the consultant selection process. To get the discussion started, Ms. Feser shared examples of potential areas of focus: • Parks Systems and Facilities. When it comes to the systemwide approach to existing and needed parks, trails, open spaces, and recreation facilities, do we have what the community needs and wants? • Recreation Programs. Are the community's recreational needs being met? Examples include youth and adult athletics, special events, before and after school programs, camps, environmental education, and special population programming. There are some really active community partners that help provide these services (Chamber, SnoKing, Boys and Girls Club, Edmonds Center for the Arts, etc.) • Parkland Acquisition. This includes the acquisition of open space, green belt connections, land for active or passive recreation, more and different types of water access, trail corridors, conservation and preservation, etc. There are many forms of acquisition, and the City doesn't have to outright purchase land and facilities. • Maintenance and Operations. Are we adequately maintaining the existing park and recreation assets and can the maintenance be sustained? There is a need for a capital replacement program to appropriately plan for both the short and long-term maintenance needs for the system and amenities. • Equity and Access. This includes equity and access for both programs and facilities. Are the programs and parks truly serving the population that wants and needs them the most? Are they easily and readily available to them? • Other. She is interested in hearing other suggestions and comments from the Board, as well. Ms. Feser said that, in addition to comments pertaining to the PROS Plan update now, Board Members could also submit their comments to her via email. She invited Board Members to convey their interest in participating on the advisory group to the Chair, and she will work with Chair Rosen to identify the Board representative. Chair Rosen asked if there is a place in the update's timeline when the Board will be formally a part of the process. Ms. Feser said the advisory group would be utilized throughout the process, likely meeting on a monthly basis. She also sees opportunity to bring benchmark pieces to the Planning Board to check in. The Board will also be invited to review the draft update. The timeline will be clarified after the consultant has been hired. Chair Rosen stressed that the more robust the public outreach, the better. The City has learned more than once that the community does want to be engaged. The process needs to be accessible and clear. The City has indicated a desire to do that in the past, but has fallen short. You can't do enough to make sure that the public is aware and has the ability to participate in a meaningful way. Board Member Robles said that, as a new dog owner, he has found the public parks to be absolutely amazing. Although the leash laws differ from park to park, no dog is excluded from any park in the City. It has been fantastic for his family to visit the parks with their pet. He encouraged the expansion of trails in existing wilderness areas, particularly in the southern portion of Olympic View Park. There's also an area behind the baseball fields at Meadowdale Park where additional trails could be provided. There could also be trails in the rights -of -way between communities. Walking is one of the only things that people can do during the pandemic, and it has meant a lot to his family over the past several months. Board Member Pence asked if staff has dates in mind for the early stages of the update (consultant selection and project kick- off). He also asked about the budget. Ms. Feser said the budget is $120,000, so the City should get a good response from quality consultants. She said she hasn't settled on timelines at this point. Staff will finish visiting all of the advisory groups next week, and then they will begin drafting a scope of work by the end of February. The goal is to select a consultant by the end of March. Kickoff for the project is anticipated for mid -April, depending on City Council approval. She acknowledged that the timeline is tight and the project will need to stay focused in order to meet the February 2022 deadline. Chair Rosen reminded the Board Members to reach out to staff with any additional comments and questions within the next few weeks. Q Planning Board Minutes January 27, 2021 Page 6 Packet Pg. 10 2.A.a AUDIENCE COMMENTS There were no general audience comments. REVIEW OF EXTENDED AGENDA Chair Rosen advised that, as per the Board's request at the last meeting, he and Vice Chair Crank met with Ms. Hope and Mr. Chave to talk specifically about the Planning Board Retreat timing. They talked about how the Housing Commission's work might influence the timing and content of the retreat, and the thought was that the Board should move forward with its retreat. In addition, the time pressure to get in front of the City Council was not as great as originally thought since they recently met with the City Council to validate the Board's work plan. They are currently targeting March 10th or 241h for the retreat. The Board could then present their work plan to the City Council for feedback and redirection. At that time, the City Council could convey any directives to the Planning Board related to the Housing Commission's work. If necessary, a second retreat could be held to dive deeper into those subjects. Chair Rosen advised that the agenda for the February IOth meeting will include presentations by staff on potential code amendments to allow for subdivisions in the Downtown Business (BD) zones and an interim ordinance related to outdoor dining. Mr. Chave noted that both of these items could end up as public hearings at the first meeting in March. That means the retreat would be postponed until the second meeting in March. rn m Board Member Cheung asked the protocol for seeking applications for a new student representative to the Planning Board. Mr. Chave responded that the City would advertise the position. PLANNING BOARD CHAIR COMMENTS O Chair Rosen reiterated the Board's comments from the last meeting that Student Representative, Connor Bryan, set a very a high bar. He wished him well in his future. All of the Board Members thanked him and wished him well, too. Q. Q PLANNING BOARD MEMBER COMMENTS M Board Member Pence noted the extensive list of pending agenda items. He said he hopes the Board leadership has a plan for managing the items on the list. Board Member Robles asked Mr. Bryan to provide a list of things the Board could do to improve the experience for future student representatives. He said his comments would be helpful when the Board interviews the next applicants for the position. Mr. Bryan said it was an honor to serve as the student representative on the Planning Board. ADJOURNMENT The Board meeting was adjourned at 8:19 p.m. Planning Board Minutes January 27, 2021 Page 7 Packet Pg. 11 5.A Planning Board Agenda Item Meeting Date: 02/10/2021 Director Report Staff Lead: Shane Hope Department: Development Services Prepared By: Michelle Martin Background/History Director Report typically reviewed at each meeting Staff Recommendation N/A Narrative Director Report attached Attachments: Director. Re po rt.02.10.2021 Packet Pg. 12 5.A.a O� Ebb O MEMORANDUM hC. tg9° Date: February 10t", 2021 To: Planning Board From: Shane Hope, Development Services Director Subject: Director Report "To achieve great things, two things are needed; a plan, and not quite enough time." 0 a -Leonard Bernstein, Composer L Next Planning Board Meeting i 6 The Planning Board is scheduled to meet February 10th @ 7:00 p.m., with two main topics: a N code amendment for unit lot subdivisions and a code amendment for outdoor dining. N STATE & REGIONAL NEWS Legislature The Washington State Legislature officially began its 2021 session last month, though much of this year's business is being conducted virtually, due to coronavirus conditions. Puget Sound Regional Council (PSRC) F1 PSRC has found certain facts and trends related to regional impacts from the pandemic These include that, in our region: o Hotels have lost half their workforce; o Cable programming positions have doubled; o The aerospace industry overall is down 8.6%; o Tourism is down 45.5.%; and o The information and technology sector is up 5.4%. For more details, see https://www.psrc.org/whats-happening/blog/industries-show- impacts-pandemic. F1 The Puget Sound Passenger -Only Ferry Study has been finalized. The study reviewed 45 potential routes and identified 7 routes for more detailed assessment. For more 1 1 P a g e Packet Pg. 13 5.A.a information, see: https://www.psrc.org/whats-happening/blog/puget-sound-passenger- only-ferrv-studv-finalized. Snohomish County Tomorrow (SCT) ❑ This year's Annual Assembly was held January 27 and featured speakers on public health, economic opportunity, and wireless communication, with special emphasis on working in the current COVID environment. ❑ SCT's Planning Advisory Committee will meet February 11 to discuss topics including: o Buildable Lands Project o Next steps for updating Countywide Planning Policies o Initial growth targets for 2024 o PSRC activities. CITY NEWS 0 a ❑ City Council The next Council meeting is Tuesday, February 9 @ 7:00 pm. The Council's three a) committees will meet sequentially, starting at 4 pm that day. (NOTE: the Council has c three separate committee meetings, on the second Tuesday of each month, which meet N on the second Tuesday of each month before the Council's regular 7:00 pm meeting.) N Regular Council agenda items include an update from the Snohomish Health District and a o report from the Mayors' Climate Protection Committee. c 21 On January 26, the Council approved updating Title 19, the City's Building and Fire codes, to be consistent with new state requirements. These codes are periodically updated to reflect changes in the International Codes and state laws. The latest update is especially aimed toward increased energy efficiency. ❑ Housing Commission Work The Edmonds Citizens' Housing Commission completed its work in developing housing policy recommendations to the City Council by January 31, 2021. The recommendations have been transmitted to the City Council and posted on the City's website at https://www.citizenshousingcommission.org/. The Commission's work reflects hundreds of volunteer hours, including community engagement for four open houses, four surveys, a webinar, 23 Commission meetings, and much more. The Housing Commission's submittal included a letter to the City Council and a set of 15 policy recommendations. In addition, a set of 7 supplemental ideas was attached with the intent to identify several proposals that were not necessarily within the Commission's scope but that were worthy of consideration at the appropriate time. The City Council will carry out careful review of the recommendations before deciding which ones should get further exploration. "Further exploration" would include Planning Board involvement for any recommendations related to development regulations or Packet Pg. 14 5.A.a community planning. Such recommendations would be incorporated for consideration into the regular Planning Board process and lead to the Planning Board's recommendation for each. However, several of the Housing Commission recommendations are programmatic or budgetary in nature and not under the Planning Board's purview.) Of course, no Commission recommendation will be implemented without more study and public input. As the process evolves, staff will provide updates to the Planning Board and the Board's expertise will be tapped. ❑ Highway 99 Community Renewal Plan Progress is being made toward developing a Highway 99 community renewal plan. Under state laws, community renewal plans are meant to address short- and mid-term needs related to blight or similar problems in specific areas. While Edmonds has an award -winning Highway 99 Subarea Plan and updated zoning regulations, some portions of the area (especially, the south end) have ongoing deterioration, nuisance and other a problems. A community renewal plan can help remedy such problems and, at the same time, achieve progress in implementing the visionary subarea plan. as L ❑ Traffic Calming Program c Public input is encouraged for the City's 2021 Traffic Calming Program. The program currently has a budget of $33,000 to address speeding concerns and reduce cut -through traffic. For any site to be considered for the program, a Citizen Action Request and Neighborhood Petition Form needs to be submitted to the City. The forms are available at: http://www.edmondswa.gov/transportation-text/traffic-calming-program.html. ❑ Tree Regulations The City Council held a February 2 public hearing on the draft tree -related regulations recommended by the Planning Board. Council review is continuing. CITY BOARDS AND COMMISSIONS Architectural Design Board The next meeting is scheduled for February 17th @ 7:00 p.m. The Board last met February 3,d The Board next meeting agenda highlights include: ❑ Public Hearing on Woodway Station development proposal Arts Commission The next meeting is scheduled on-line for March 1st @ 4:30 p.m. The Edmonds Arts Commission last met on-line February 111, 2021 Agenda items included: ❑ PROS Plan Update by Parks Director ❑ Music for Life Presentation ❑ Grant Program Review Process ❑ Retreat 3 1 P a g e Packet Pg. 15 5.A.a Cemetery Board The next meeting schedule will be available on-line. The Board last met January 2151which included the following highlights: ❑ Chair's report ❑ Update New Year 2021 ❑ Staff Administrative Report ❑ New Secretary for 2021 Diversity Commission The next virtual meeting will be available on line included the following highlights: ❑ Presentation regarding PROS plan ❑ Update from City Staff ❑ Budget Update ❑ Equity and Justice Task Force Update ❑ New Business, including Annual Report The Commission's last meeting on February 3rd The Diversity Commission has also released an Equity Toolkit for Local Businesses. The Toolkit can be found at: http://www.edmondswa.gov/diversity-commission-home Economic Development Commission (EDC) The EDC last met online January 201" @ 6:00 pm, with the following agenda highlights: ❑ Idea Review, work priorities and 2021 planning ❑ Work group Updates o Recovery o Business Attraction ❑ Liaison Update Extended Agenda and Idea Pipeline Hearing Examiner Next meeting schedules, agenda materials and meeting videos for previous meetings held are available online. Housing Commission The Commission's last meeting before its sunset date was held virtually on January 28t" @ 6:00 p.m. Agenda items included: ❑ Deciding on Policy Recommendation Process ❑ Transmittal Letter ❑ Policy Recommendations Additional Housing Commission information, including the Commission's recommendations to the City Council, is on the website. 4 1 P a g e 5W Packet Pg. 16 5.A.a Historic Preservation Commission The next virtual on-line meeting is scheduled for February 111" @ 5:30 p.m met on January 14th. Agenda items included: ❑ Update on Outreach efforts ❑ Approval of minutes ❑ Commission Chair Comments ❑ Unfinished Business ❑ Action items. The Commission last Planning Board The Planning Board's January 271" meeting featured: ❑ Update from the Parks, Recreations & Cultural Services Department ❑ 2022 Parks, Recreations & Open Space ("PROS") Plan update and focus for recommendations. Tree Board The Tree Board last met February 4t". Agenda items for the virtual meeting included: ❑ Status of trees at Edmonds Elementary ❑ Status of tree code ❑ Tree Board members ideas/comments. Youth Commission The Youth Commission last met on January 20th. Agenda items included: ❑ Discussion with City's Human Services Manager ❑ Commission update ❑ Establishing committees and projects. COMMUNITY CALENDAR The Community Calendar has some updates. 5 1 P a g e 5W Packet Pg. 17 7.A Planning Board Agenda Item Meeting Date: 02/10/2021 Review of an interim zoning ordinance amending Chapter 17.75 ECDC, entitled "Outdoor Dining," and a related section in Chapter 17.70 ECDC Staff Lead: Rob Chave Department: Planning Division Prepared By: Rob Chave Background/History The City Council adopted Ordinance 4210 on December 15, 2020, as an interim zoning ordinance. Staff Recommendation Review and provide direction for a public hearing in March. Narrative The City Council adopted Ordinance 4210 on December 15, 2020, as an interim zoning ordinance. As an interim zoning ordinance the Planning Board needs to review and recommend whether the code provisions should become permanent, including whether any changes or updates should be made. The adopted Ordinance 4210 is included in Attachment 1. The City Council's minutes from the December 15, 2020, meeting are included in Attachment 2. Note that the ordinance dealing with Streateries amended Title 18, dealing with uses in the City's right- of-way; this is not subject to Planning Board review. Attachments: Attachment 1: Outdoor dining interim zoning ordinance Attachment 2: 2020-12-15 City Council Minutes Packet Pg. 18 7.A.a ORDINANCE NO. 4210 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. WHREAS, COVID-19 has created significant impacts to people's health and well-being, which includes not only immediate physical health, but economic health; and WHEREAS, Washington's Governor has been proactive in trying to responsibly address coronavirus issues and some of his actions have included orders to close or partially close businesses where COVID-19 transmission has the most risk; and WHEREAS, in Edmonds, food and beverage services, such as restaurants, have been especially impacted by full and partial closures; and WHEREAS, COVID-related restrictions on restaurants and similar businesses have limited or prohibited indoor dining during much of the year; and WHEREAS, even without a state order, many people that want to eat at a restaurant would prefer to do so in an outdoor environment, rather than indoors, to be a safer environment from a COVID-19 standpoint; and WHEREAS, some dining and beverage establishments already have permitted bistro dining for certain sidewalk areas per Chapter 17.70 ECDC or permitted outdoor dining on commercial properties per Chapter 17.75 ECDC; and WHEREAS, outdoor dining on commercial properties per Chapter 17.75 ECDC requires a conditional use permit through a hearing examiner process that is more costly and time-consuming to obtain than an ordinary administrative permit; and WHEREAS, City staff have been working on potential code amendments to allow outdoor dining on commercial properties without a conditional use permit; and 1 Packet Pg. 19 7.A.a WEHEREAS, concepts for amending the code to allow outdoor dining without a conditional use permit were presented in a November 12, 2020 meeting of the City Council's Public Safety, Planning, and Personnel Committee and subsequently presented in a November 24, 2020 meeting of the City Council; and WHEREAS, the concepts for amending the permit process for on -site outdoor dining have been incorporated into a set of amendments to Chapter 17.75 of the Edmonds Community Development Code; and WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an emergency basis without first holding a public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.75 of the Edmonds Community Development Code, entitled "Outdoor Dining," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in strike through). Section 2. Section 17.70.010 of the Edmonds Community Development Code, entitled "Other temporary buildings," is hereby amended to read as set forth below (new text is shown in underline; deleted text is shown in s4tl£e thfough): Except as provided in ECDC 17.70.030 and 17.75.010, a conditional use permit shall be required to construct a temporary building in any zone. The permit shall be administratively reviewed by staff and shall be valid for a period of one year; provided, however, that said permit may be extended by the development services director for a single one-year extension upon submittal of a written application prior to the expiration of the original permit. All the requirements of the zoning district shall be met. An appeal of the staff decision granting or denying such a permit or extension shall be reviewed by 2 Packet Pg. 20 7.A.a the hearing examiner in accordance with the requirements for any other conditional use permit under Chapter 20.06 ECDC. Section 3. Sunset. This interim ordinance shall remain in effect for 180 days from the effective date or until it is replaced with another ordinance adopting permanent regulations, after which point it shall have no further effect. Section 4. Emergency Declaration. The city council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the council (RCW 35A.12.130), and that the same is not subject to a referendum. Without an immediate adoption of this interim zoning ordinance, restaurants would have to go through a much longer permit process before being able to offer outdoor dining. Any delay in the ability of the city's restaurants to offer additional outdoor dining could further jeopardize an already struggling restaurant industry. Therefore, this ordinance should be imposed as an emergency measure to protect the public health, safety and welfare by staving off restaurant failures and creating regulations so that Edmonds citizens will have safer places to dine for the remainder of the COVID-19 pandemic. Section 5. 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 6. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage, as set forth in Section 4, as long as it is approved by a majority plus one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted by a majority plus one of the entire membership of the council, then the language declaring an emergency shall be disregarded, in which case, 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. 3 Packet Pg. 21 7.A.a Section 7. Adoption of Findings. The city council hereby adopts as findings of fact in support of the adoption of this ordinance the "whereas" clauses above. ATTEST/AUTHENTICATED: CI CLERK, SCOTT PASAY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MOOR MIKE NELSON December 11, 2020 December 15, 2020 December 18, 2020 December 23, 2020 4210 L, Packet Pg. 22 7.A.a SUMMARY OF ORDINANCE NO.4210 of the City of Edmonds, Washington On the 15th day of December, 2020, the City Council of the City of Edmonds, passed Ordinance No. 4210. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. The full text of this Ordinance will be mailed upon request. DATED this 15th day of December, 2020. T- Cit-Y-eLERK, SCOTT PA Y Packet Pg. 23 7.A.a CHAPTER 17.75 Exhibit A OUTDOOR DINING Sections: 17.75.010 Outdoor dining —Permitted secondary use. 17.75.020 Outdoor dining — Secondary uses requiring a eanditien ,' use permit. 17.75.030 Outdoor dining buildings or structures. 17.75.010 Outdoor dining — Permitted secondary use. A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN — neighborhood business zone, BC — community business zone, BP — planned business zone, BD — downtown business zone, CW — commercial waterfront zone, CG — general commercial zone, WMU— Westgate Mixed Use, MU — medical use zone, and FVMU — Firdale Village mixed use zone. When established as a permitted secondary use, the outdoor dining area shall currently comply or be proposed to comply with at least one of the following criteria: 1. The site is not directly adjacent to any residentially zoned property(ies). 2. The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies). 3. The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge, or solid fence. 4. Seating is limited to an additional 4&50 percent of the existing interior seating of the establishment or 4-2-30 seats, whichever is greater. 5. Anv dining area adiacent to vehicle narking shall be senarated by landscaping, curb stop, wall or other suitable barrier B. For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed between the hours of 9:00 p.m. and 8:00 a.m. C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site. Temporary buildings or structures used for the outdoor dining use do not require a separate conditional use permit. D. Seating shall be located outside of public rights -of -way. Seating within public rights -of -way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030 or as a streatery pursuant to ECDC 18.70.030.: E. No additional parking stalls shall be required for outdoor dining usage. For any outdoor diningspace pace that would utilize existing on -site parking spaces, at least one ADA-accessible space must remain or be located on the site, 17.75.020 Outdoor dining — Secondary uses requiring a permit. Outdoor dining not meeting the requi eme 4s of Errs , 7 7c 0 non property outside of the public ri hg t of way shall be a secondary use requiring. a conditional „so permit only if the use includes a component subject to a buildingor r fire permit. Components requiring a buildingor r fire permit include, but are not limited to, detached (free-standing) structures and structures attached to a building, such as awnings, canopies, roofs, and per og las •_����� �. This use shall be established and maintained e*ly-in accordance with the terms of a eenditional use permit approved 1.y thethis chapter. 0 Packet Pg. 24 7.A.a 17.75.030 Outdoor dining buildings or structures. Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of the State Building Code an community development code inel ,. ing but not limited to design revieT Title 19 building and fire codes. 7 Packet Pg. 25 7.A.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly swom, 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 EDH915965 ORDS 4206-4211 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 12/18/2020 and ending on 12/18/2020 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee far such publicatign is $68.60. rr+ Subscribed 9nd swo � rn o me on this �day of Lw Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTT PASSEV Lin7PhillipsNoState My Appointm Packet Pg. 26 Classified Proof 7.A.a ORDINANCE SUMMARY Of IrI$ Clay of ftlmonris, W$BNnflWn On Inn 15th day of December, 2M2 the Cily COun6l Of the City of Edmonds, pass$d the following Ordinances, a+e 4uln$lones of said ordinances Danis" of Mies are wldad as 101IDW3 ORDINANC�NQ. 4208 AN OfipiNANG OF EDMONDS, WASHINGTON. CHANGING THE REGULAR MEETING TIMES OF 0 Ty COUNCIL MEETINGS AND CITY COUNCIL COMMITTEE MEETINGS. REINSTATING THE SECOND TUESDAY REGULAR COUNCIL MEETING, ESTABLISHING REGULAR COMMITTEE MEETING TIMES PRIOR TO THE SECOND TUESDAY RE45ULAR COUNCIL MEETING OR01NAiI ENO. 4207 AN ORDINANCE OF OF EDMONDS. WASHINGTON. AMENDING ORDINANCE NO. 410 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE OR0jNANO F NC.4208 AN ORDfNANC OF EDMONDS, WASHINGtON. ADOPTING AMENDMENTS TO THE CAPITAL FACILITIES PLAN ELEMENT OF THE COMPREHENSIVE PLAN; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE ORDi YA NCE NO- 4209 AN ORDINANC���F THE CITY OF EDMONDS. WASHINGTON. AMENDING CHAPTER 18.70 ECOC, ENTITLED 'STREET USE AND ENCROACHMENT PERMITS; TO ALLOW 'STREATEAWS' FOR DINING IN THE PUOLIC R[GHT-OF-WAY, DEM-ARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AN D EFFECTIV ENESS OF THIS OR DINANC E ORDINANCE HO- A210 AN ORDINANCE P THE C1TY OF EDMONDS, YVASHINGTON, AMENDING CHAPTER 17-75 ECDC, ENTITLED 'OUTDOOR DINING,' AND A RELATED SECTION IN CHAPTER 17,70 ECDC, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE ORDINANCE NO-4211 AN ORDINANCE A T FOR THE CITY OF EDMONDS, WASHINGTON, FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2021. The full lex1 of thee$ Old,nan[es yell he mailed upon teguoul, DATED INS 15tn Day of Deco Meer, 2020. CITY CLERK. SCOTT PASSEY PuoUehod; December 18, 2020- EOH916965 Proofed by Sheppard, Dicy, 12/18/2020 08:47:48 am Page: 2 Packet Pg. 27 7.A.b Councilmember K. Johnson said she served on the Planning and Public Works Committee with former Councilmember Tibbott. The committee talked about how to get sidewalks built and the truth was without grants, they would not get built because there was no money. Staff indicated the problem was the need for a consultant to design the project, go out to bid, etc. Staff suggested hiring a sidewalk crew, two people in Public Works. Council President Fraley-Monillas interrupted, stating this was out of order. The Council is supposed to be debating the CFP/CIP, but this commentary is going nowhere. She asked City Clerk Scott Passey to rule on this. Mr. Passey said if the discussion was not driving toward a yes or no vote on the CFP/CIP ordinance, which may include amendments, debate and votes, it was probably out of order. Mayor Nelson agreed. Council President Fraley-Monillas said she did not want to shut down Councilmember K. Johnson and suggested issues related to the CIP/CFP would be a good topic for a retreat in 2021. Tonight is not the time to present an 8-9 page document regarding issues with the CFP/CIP. Mayor Nelson agreed. Councilmember K. Johnson agreed and offered to work on that retreat item. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO APPROVE THE ORDINANCE ADOPTING THE 2021-2026 CAPITAL FACILITIES PLAN, CONCURRENTLY WITH THE ADOPTION OF THE CITY 2021 BUDGET LATER TONIGHT. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBER BUCKSHNIS VOTING NO. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE 2021-2026 CAPITAL IMPROVEMENT PROGRAM AS DESCRIBED IN OUR PACKET. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY- MONILLAS VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Councilmember K. Johnson asked to change her vote on the motion to approve the CFP. Mr. Taraday said if Councilmember K. Johnson voted in the affirmative, she can move for reconsideration. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, FOR RECONSIDERATION. MOTION CARRIED UNANIMOUSLY. Councilmember K. Johnson said she wanted to change her vote from yes to no. Mr. Taraday said that could be done via a roll call vote. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, OLSON, PAINE, AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Mayor Nelson declared a brief recess. 4. EMERGENCY ORDINANCES TO ALLOW STREATERIES IN ROW & OUTDOOR DINING WITHOUT CU PERMIT Development Services Director Shane Hope reviewed: • COVID 19 has changed the way we live • Restaurants & similar businesses hit hard • Special Event Permit —Temporary Mitigation Edmonds City Council Approved Minutes Q December 15, 2020 Page 18 Packet Pg. 28 7.A.b o Special event permit was authorized in August to allow dining in designated vehicle parking spaces ■ Originally thru Oct. 11 ■ Extended thru Nov 8 ■ Extended thru Dec 31 or Council adoption of streateries ordinance, whichever sooner o Liked by many people ■ Helps keep small businesses alive ■ Brings festive atmosphere to community ■ Allows users to dine in public place, but still have fresh air and spacing Two concepts for code updates to help address economic crisis 1. Streateries (parklets allowing dining/beverage service in designated vehicle parking space, within ROW) 2. On -Site Outdoor Dining (allowing more opportunities —without CUP —for outdoor dining on private property, not in ROW) o Both concepts presented at: ■ City Council's Nov. 12 PSPP Committee meeting ■ City Council's Nov. 24 meeting "Streateries" aka "Parklets" that are specifically for dining o Streateries Concept —Highlights ■ Applicable citywide, adjacent to commercial uses where street parking spaces are available ■ Subject to individual permits for up to one year with 6-month extensions possible ■ Dining on raised platforms, flush with sidewalk, to provide ADA accessibility ■ Maximum 2 parking spaces per use ■ Safety standards (e.g., fire & structural safety) to apply ■ Insurance and "hold harmless" agreements by applicants required ■ Some aesthetic guidelines included ■ Limitation on total number of streateries: 20 ■ Must meet state & health district standards (incl for COVID protections) ■ Must have reflective lights for night-time ■ Applicants to pay cost of platforms, safety barriers, liability insurance, etc. Note: City staff has also explored what other cities are doing for streateries o Draft Ordinance for Streateries ■ Amends Chapter 18.70 (Street Use and Encroachment Permits) ■ Proposed as emergency ordinance ■ Timing fits with Council's intent to respond quickly to COVID impacts ■ If adopted as emergency, public hearing proposed for Feb. 2 ■ Proposed to sunset on May 1, 2022 unless Council takes other action sooner ■ Sets specific standards, permit process, and inspections for streateries ■ Assures compliance with Governor orders, ADA, fire safety, & other requirements On -Site Outdoor Dining o On -Site Outdoor Dining Concept —Highlights ■ Allow under simple permit process, without going thru conditional use permit process ■ Allow on business property, such as on deck or patio or in parking lot ■ No requirement for additional parking spaces ■ May include canopy or awning ■ Ensure safety standards (e.g., for heaters) are met ■ Must have ADA access ■ Must meet building setback standards o Draft Ordinance for On -Site Outdoor Dining ■ Amends Chapter 17.75 (Outdoor Dining) Edmonds City Council Approved Minutes Q December 15, 2020 Page 19 Packet Pg. 29 7.A.b ■ Proposed as emergency interim ordinance ■ If adopted as emergency, would require public hearing, possibly February 2 ■ Would be in effect for up to six months ■ While interim ordinance is in effect, Planning Board would review & propose to City Council any longer -term ordinance Recommended Next Steps o Council to: ■ Adopt emergency ordinance for Streateries (with sunset date) ■ Adopt emergency interim ordinance for On -Site Outdoor Dining (with longer term recommendation by Planning Board in early 2021) ■ Hold future public hearings as needed (circa Feb. 2) o City staff to: ■ Finalize handouts and web information ■ Get word out to affected businesses Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question at a time. With regard to enforcement, Councilmember Distelhorst assumed the City would do an inspection when a restaurant applied for a permit and asked if someone who observed an inconsistency should contact the City's code enforcement. Ms. Hope answered yes. Councilmember Buckshnis relayed a question she had been asked whether a restaurant had to go to the expense of constructing a platform if they had ADA compliant seating available on the sidewalks. Ms. Hope said there was an exception in the ordinance for those situations. Councilmember Paine asked if a restaurant with a sidewalk cafe on the sidewalk would also be allowed to have a streatery in the right-of-way. Ms. Hope said based on past experience, there are a few businesses that have both sidewalk dining and a streatery, but most do not. This ordinance would allow the first 20 applicants who meet the requirements to obtain a permit, regardless of whether they have sidewalk dining. They would need to meet all the standards, but would not be penalized for having sidewalk dining. Councilmember Paine observed a restaurant could have both, a sidewalk cafe and a streatery. Ms. Hope agreed they could but would have to meet the 5 foot minimum span between so ADA access could be accomplished. With regard to enforcement, Councilmember L. Johnson asked what resources were available to assist businesses with enforcing health district standards such as the COVID protections. People who see things happening can report them to code enforcement, but what is the City doing to assist businesses who may be put in uncomfortable situations if customers do not abide by the requirements. The streateries are a new thing and there are disagreements about what should/should not be done to protect the public's health. If the streateries were intended to help restaurants stay in business and weather the pandemic, she asked whether it up to them to enforce the code or were there resources to assist with people who were not compliant. Ms. Hope answered the City does not enforce capacity limits in stores or enforce the use of masks, etc.; businesses are expected to deal with it. If there is a serious problem, the establishment can call the police or someone else for help. Providing information to the public regarding the rules is helpful. Mr. Doherty said during the late summer and fall when streateries were allowed via a special event permit, he talked to restaurants with a streatery every week; a couple restaurant owners reported having rowdy people or people trying to join tables, or other things that weren't allowed. The restaurant owners viewed the ability to use the street as a privilege and were very conscientious and had asked people to leave, etc. He assured they would be encouraged to observe the governor's statewide restrictions in this space because ultimately it was a privilege. Edmonds City Council Approved Minutes Q December 15, 2020 Page 20 Packet Pg. 30 7.A.b Councilmember K. Johnson recalled many years ago noted planner named Brooks spoke regarding community development in downtown Edmonds. He said if the City achieved a certain density, people would think of Edmonds as a place to eat. That has basically happened, Edmonds has become a destination and some of the City's codes were changed, including sidewalk seating. She did not want to dismantle that because it had been very successful. The Council is now considering other things to help restaurants and preserve the environment for the business community. However, if two parking spaces are dedicated for pickup and two for a streatery, she felt that was too much and did not support other uses in downtown Edmonds. She agreed with allowing sidewalk seating and off-street seating, but preferred to be more conservative with regard to allowing dining in parking spaces. She suggested allowing either two parking spaces for pickup or two parking spaces for a streatery, but not both. Ms. Hope said the parking spaces for pickup are handled by the Public Works Department who likely would not allow parking limitations too close to other things. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND TO 10:20 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Olson gave kudos to business owners, commenting so much has been thrown at them with constant change and they have been resilient, flexible and adaptable. They are a special breed and she was proud of them and encouraged them to keep up good work. Her biggest concern with what she has seen with the streateries is ensuring the spirit of the law is upheld. It is not just about creating an outdoor room with no ventilation, the point is for it to be healthier than eating inside. She hoped that was implicit in the ordinance and that it was enforced because the purpose of allowing outdoor dining was because it was safe. With regard to streateries being a privilege and the City bending over backward to support restaurants, she pointed out with privilege come responsibility. She urged the business community to find ways to help retailers next door, whether via a flyer attached to a takeout bag, tent cards on tables, or word of mouth such as popcorn for sale at the movie theater, or having Glazed and Amazed projects at a streatery during the day when it is not as busy. She thanked staff for their work on this project. Councilmember L. Johnson expressed concern about impacts on businesses, for example Glazed and Amazed that has one parking space and streateries on either each side. She asked if Glazed and Amazed could do the same thing, allow patrons to do art projects outside. Ms. Hope it is just for restaurant -type businesses who are closed to indoor customers. If the governor's orders change, staff will come back to Council to discuss options for other businesses. Councilmember L. Johnson asked how the decision was made to have one parking space between streateries and why two spaces were not required if a nearby business used the parking. Ms. Hope said people seldom get to park directly in front of the business they are frequenting; they may need to park 1-2 blocks away. The idea was to ensure restaurants could serve customers adjacent to their space, recognizing that people may have to walk a bit to reach other businesses. Councilmember L. Johnson said the way the ordinance is written, no more than two streateries can abut each other. Ms. Hope said another issue that came up is whether the parking spaces between streateries are too narrow so the ordinance requires a one foot setback on each side of the available parking space to provide some additional space. During the special event streateries, staff worked with restaurants to provide that and it worked well. Councilmember L. Johnson commented the ordinance allows two abutting streateries and one parking space between. In an area with nine parking spaces, there could technically be four streateries and only one parking space. She was concerned with how that could impact other businesses. Ms. Hope agreed it was a challenge, but there could only be a total of 20 streateries. Where it makes the most sense to have streateries is in areas where restaurants are concentrated. It is a balancing act, restaurants tend to be Edmonds City Council Approved Minutes Q December 15, 2020 Page 21 Packet Pg. 31 7.A.b clustered together. To make it work, the streateries need to be close to the restaurants. Councilmember L. Johnson wanted to ensure other businesses were kept in mind and it was not too difficult for them. Councilmember K. Johnson said one issue that was discussed previously but was not addressed tonight was the use of gas heaters and their impact on the environment. She asked what staff had learned. Ms. Hope answered in general gas heaters will not be used due to fire protection concerns with the flames and because few propane heaters are available. The preferred option will be electric heaters. Councilmember Paine observed restaurants providing onsite dining did not need to restore parking spaces. If on -street parking is constrained by streateries, she envisioned in 6-8 months there would be a lot of congestion and not a lot of parking and the City would be in the same place it was in the summer of 2019. She requested parking be monitored particularly when the weather gets warmer and people feel safer to come outside. Ms. Hope assured there will be monitoring and adjustments made as needed. With regard to the use of parking lots, it pertains mostly to businesses outside of the downtown area because few downtown restaurants have onsite parking. There are restaurants in Five Corners or Highway 99 that have more than enough parking and can allocate space for outdoor dining. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 18.70 ECDC, ENTITLED "STREET USE AND ENCROACHMENT PERMITS," TO ALLOW "STREATERIES" FOR DINING IN THE PUBLIC RIGHT-OF-WAY, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS ORDINANCE. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THAT THE FIRST ISSUANCE BE THROUGH OCTOBER 31ST WHICH BRINGS US TO HALLOWEEN AND THE START OF THE HOLIDAY SEASON FOR OUR EDMONDS MERCHANTS Councilmember K. Johnson said the City needed to be mindful of protecting businesses and there could be a six month extension. Council President Fraley-Monillas suggested if the Council really wanted to protect businesses, they would not have streateries in the summer because that is when downtown businesses experience the majority of the crowds. They have crowds around the holidays but only for a few days. Councilmember K. Johnson said Council President Fraley-Monillas was not speaking to the motion. Council President Fraley-Monillas did not support the motion because the issue was more than just around the holidays. By supporting the motion, a Councilmember was agreeing that that was when businesses did the majority of their business which she did not think was accurate. Councilmember Distelhorst relayed his understanding that the interim ordinance was the second one, not this one. Ms. Hope said the motion related to the ordinance for streateries is an emergency ordinance that is effective for one year. A one year period would allow businesses some assurance that they could recoup some of the costs associated with installing the necessary equipment. Councilmember Olson said the question posted by Councilmember K. Johnson was very thoughtful and she appreciated the reminder about the entire economic community. She trusted business owners would look out for their neighbors and businesses would consider how to capitalize on the restaurants who were granted the privilege of a streatery. Edmonds City Council Approved Minutes Q December 15, 2020 Page 22 Packet Pg. 32 7.A.b UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBER K. JOHNSON AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES; AND COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON VOTING NO. UPON ROLL CALL, MOTION CARRIED (7-0); COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON, AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING YES. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING" AND A RELATED SECTION, CHAPTER 17.70 ECDC, DECLARING AN EMERGENCY NECESSITATING AN IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE. MOTION CARRIED UNANIMOUSLY. 5. ADOPTION OF 2021 CITY BUDGET (Previously Consent Agenda Item 6.12) COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, FOR APPROVAL OF THE 2021 CITY BUDGET. Councilmember K. Johnson said she pulled this to reserve the opportunity if any changes were made to the CFP/CIP. MOTION CARRIED UNANIMOUSLY. 8. NEW BUSINESS 1. SELECTION OF COUNCIL PRESIDENT FOR 2021 COUNCIL PRESIDENT FRALEY-MONILLAS NOMINATED SUSAN PAINE AS COUNCIL PRESIDENT. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND ANOTHER 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Taraday said once all the nominations are made, the Council will vote in the order nominations were made and the first to have a majority will be selected. COUNCIL PRESIDENT FRALEY-MONILLAS NOMINATED LAURA JOHNSON AS COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER BUCKSHNIS NOMINATED VIVIAN OLSON AS COUNCIL PRESIDENT PRO TEM. SUSAN PAINE WAS SELECTED 2021 COUNCIL PRESIDENT BY ACCLAMATION. COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS DISTELHORST, PAINE, AND L. JOHNSON VOTED IN FAVOR OF LAURA JOHNSON AS COUNCIL PRESIDENT PRO TEM. 2. 2020 BOARD & COMMISSION RETIREMENTS (Previously Consent Agenda Item 6.8) Councilmember Olson thanked citizens who have served on boards and commissions and are retiring. Edmonds City Council Approved Minutes Q December 15, 2020 Page 23 Packet Pg. 33 8.A Planning Board Agenda Item Meeting Date: 02/10/2021 Code Amendment to Broaden Applicability of the Unit Lot Subdivision Process Staff Lead: Mike Clugston Department: Planning Division Prepared By: Michael Clugston Background/History This is a new code amendment request from a private applicant (File AMD2020-0003). Staff Recommendation Discuss proposed code change and schedule a public hearing (tentatively scheduled for March 24th). Narrative Citizen Design Collaborative proposes to add the Downtown Business (BD) zones to the areas in Edmonds where the unit lot subdivision process can be used. Unit lot subdivisions are currently only allowed in the General Commercial, Multiple Residential, and Westgate Mixed Use zones. In the BD subdistricts where ground -floor multifamily or live/work units are allowed, the proposed change appears to be consistent with the Purposes of the unit lot subdivision code: 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. [ECDC 20.75.045.A] The subject application, cover letter, and applicant's proposed code language are included as Attachments 1 - 3. The change to the Applicability section in ECDC 20.75.045.13 proposed by the applicant would read: The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhouses, and rowhouses and may be applied only in the following zones: multiple residential, downtown business, 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. Packet Pg. 34 8.A While the change proposed by the applicant would allow the unit lot process to be used in one additional zone, it would be useful to consider further broadening the Applicability language to include any zone where multifamily residential is allowed on the ground floor. For example, ground floor units are also currently allowed in the Office -Residential and Firdale Village Mixed Use zones. In the future, ground floor units could be allowed in other zones such as in a new zone created by a neighborhood plan such as for 5 Corners or Perrinville. Rather than listing specific zones where the unit lot process can be used, it would be cleaner to include all zones where ground floor multifamily is allowed. Alternative Applicability language for the Planning Board's consideration is included as Attachment 4 and could read: The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhouses, and rowhouses in any zone where ground -floor multiple dwelling units are allowed Gnd m be ^ ^'ieden�y in the fellewing—zenes: nquTtipl-e r,esidentiG', ^' ^' end WeStgGte n9 (ed 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. This is a Type V legislative permit where the Planning Board will review the proposed code language and make a recommendation to City Council. Attachments 1) Land use application 2) Citizen Design Collaborative cover letter 3) Proposed Unit Lot Subdivision Applicability language in BD zones only 4) Alternative Unit Lot Subdivision proposal updating Applicability language in all zones where ground floor multifamily is allowed Attachments: Attachment 1 - Land Use Application Attachment 2 - Code Amendment Narrative Attachment 3 - draft 20.75.045.13 Applicability - Unit lot subdivisions in BD zones Attachment 4 - draft 20.75.045.13 Applicability - Unit lot subdivisions broadly Packet Pg. 35 I 8.A.a I City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW • ' • • ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE # ZONE ❑ HOME OCCUPATION DATE REC'D BY ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑ STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ® OTHER: CODE TEXT AMENDMENT • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION AMENDMENT APPLIES THROUGHOUT BD ZONES PROJECT NAME (IF APPLICABLE) UNIT LOT SUBDIVISIONS IN BD ZONES CODE AMENDMENT PROPERTY OWNER N/A PHONE # N/A ADDRESS N/A E-MAIL N/A FAX # N/A TAX ACCOUNT # N/A SEC. N/A TWP. N/A RNG. N/A DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) AMEND EDMONDS COMMUNITY DEVELOPMENT CODE 20.75.045.13 TO ALLOW UNIT LOT SUBDIVISIONS IN THE DOWNTOWN BUSINESS (BD) ZONES. DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) SEE ATTACHED. APPLICANT JACOB YOUNG PHONE # 206.535.7908 ADDRESS 10 DRAVUS STREET, SEATTLE, WA 98109 E-MAIL JYOUNG@COLLABORATIVECO.COM FAX # N/A CONTACT PERSON/AGENT SAME AS APPLICANT. PHONE # ADDRESS E-MAIL FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits erewith ubmitted are true and correct to the best of my knowledge and that I am authorized to file this application on the beh f of the o er as listed below. SIGNATURE OF APPLICANT/AGENT DATE 10.15.2020 Property Owner's Authorization I, , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. SIGNATURE OF OWNER DATE Questions? Call (425) 771-0220. a Revised on 8122112 B - Land Use Application Page 1 of I Packet Pg. 36 8.A.b CITIZEN DESIGN COLLABORATIVECO.COM DATE October 15, 2020 206.535.7908 TO City of Edmonds Development Services 121 5th Avenue N WE ARE FAMILY Edmonds, WA 98020 DESIGNING INSPIRED SPACE PROJECT Unit Lot Subdivisions in BD Zones Code Amendment TO CREATE COMMUNITY SUMMARY Citizen Design appreciates the opportunity to propose this code text amendment to the Edmonds Community Development Code [ECDCL We believe that the proposal is consistent with the applicable portions of the 2017 Comprehensive Plan and will be in the best interest of the City and its residents. Specifically, the proposal would amend ECDC Section 20.75.045.B to add the Downtown Business [BDl zones in the list of zones in which unit lot subdivisions [ULS1 are allowed. Thiswould a[low zero- lot -line development, such as townhouses, to be subdivided for sale. Under present code, such developments must be held in common, condomiumized or permitted as Planned Residential Developments. If adopted, it is anticipated that the proposed amendment would encourage townhouse development due to the relative ease of selling unit lots versus condominium units. Such development could only take place in zones where it is currently allowed as the proposed amendment is limited to ULS applicability. We trust that this narrative and the attached supporting documents provide sufficient information to review the proposed amendment. If any questions arise, please feel free to contact our office. Humbly Submitted, Citizen Design CRITERION 1: CONSISTENCY WITH THE COMPREHENSIVE PLAN The proposed amendment affects properties with several Comprehensive Plan designations. These include Retail Core, Arts Center Corridor, Downtown Mixed Commercial, Downtown Convenience and Downtown Mixed Residential. All of them are located within the Downtown/Waterfront Activity Center overlay per the 2017 Comprehensive Plan Map. The 2017 Comprehensive Plan lists several framework goals for Activity Centers. These include pedestrian orientation, mixed uses, community character, and providing balanced redevelopment. [2017 Comprehensive Plan, pp. 43-441 More specifically, the Plan's Goa lA.6 states that the City's objective is to Ipjrovide greater ULS Code Amendment 12020 Packet Pg. 37 8.A.b CITIZEN DESIGN residential opportunities and personal services within the downtown, especially to accommodate the needs of a changing population." [Ibid., p. 461 Similarly, Goal EA specifically calls for "...a mix of uses downtown which includes a variety of housing, commercial and cultural activities." [Ibid., p. 481 In addition to the Activity Centers goals discussed above, the Land Use Element includes several goals specific to residential development. Residential Goal B states, "A broad range of housing types and densities should be encouraged in order that a choice of housing will be available to all Edmonds residents..." [Ibid., p 671 The proposal supports this call for a variety of housing types by allowing townhouse -style construction to be subdivided for sale, thus encouraging townhouse development. When combined with the apartment and single-family residential typologies already present, this contributes to the variety of options available to residents. It is to be noted that the proposed amendment affects only the use of the ULS process. All proposed developments will also need to comply with applicable zoning code in effect. Thus, adoption of the proposed amendment will not permit townhouse construction in areas where it is not currently allowed. Since this is the case, the proposed amendment is expected to have a neutral effect on the compatibility of existing and proposed development. This is in accordance with the 2017 Comprehensive Plan's Housing Goal F, "Provide for a variety of housing types that respects the established character of the community." [Ibid., p. 941 It is also in accordance with the 2017 Comprehensive Plan's Economic Development Goal B, which calls for "...balancing the needs for housing, commerce and employment development with neighborhood character, amenitites and scale.- [Ibid., p. 1121. CRITERION 2: RELEVANCE TO PUBLIC HEALTH, SAFETY AND WELFARE The proposed amendment is expected to encourage the development of townhouses and their sale to individual owners. This may result in an increase in owner -occupied housing. Such housing is typically well -maintained as the occupants have a clear incentive to do so. The presence of housing more generally in mixed -use districts can also increase public safety via the "eyes on the street" effect. Although the proposed amendment will not allow housing to be constructed in areas where it is not already allowed, it may encourage such development. CRITERION 3: PUBLIC BENEFIT The primary public benefit to the City as a result of adopting the proposed amendment is its encouragement of owner -occupied, townhouse -style housing. This has the potential to further diversify the City's existing housing stock, which is in alignment with several of the City's goals in the 2017 Comprehensive Plan. Under present code, a project which seeks to establish the equivalent of unit Lots is required to follow the Planned Residential Development [PRD1 process. This process is more labor intensive for both the City's Development Services Department and the project proponent, and it is designed to allow the potential for alternative development standards. Not all projects require this flexibility, and allowing the use of the ULS process instead may reduce the burden on the Development Services Department. ULS Code Amendment 12020 Packet Pg. 38 8.A.c 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, townhouses, and rowhouses and may be applied only in the following zones: multiple residential, downtown business, 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 preceding a development site plan as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 2O.1O.O2O(B)(3) submitted in conjunction with or preceding a building permit. For existing developed sites, a preliminary unit lot subdivision application may be submitted at any time. 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 2O.75.O3O(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, turnarounds, 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 compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Packet Pg. 39 8.A.c all owners of affected unit lots or approval of the HOA where changes to commonly owned c tracts are proposed. F. Homeowners' Association Ownership of Common Areas. Any commonly used areas or M facilities within a unit lot subdivision, including but not limited to common access, garage or a parking areas, common open space or recreation space, common courtyards, commonly used Q 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 o necessary to properly maintain and repair such areas. Appropriate documentation regarding 00 0 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 as 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 Q agreement must require equal participation by all owners within any one building and must be o recorded on the final unit lot plat. The requirement does not apply to detached single-family U dwelling units. Common wall construction must meet currently adopted building codes. a H. Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling c 0 o unit may be provided on a different unit lot than the lot with the dwelling unit as long as the m right to use that parking is formalized by an easement on the final plat. N I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot c 0 U) 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. y 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 'Q and the requirements of this chapter. [Ord. 4173 § 1 (Att. A), 2020; Ord. 4154 § 4 (Att. C), 2019; Q Ord. 4070 § 1 (Exh. 1), 2017]. m LO v 0 LO 0 N R L M C N E t V R r r Q Q The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Packet Pg. 40 8.A.d Edmonds City Code and Community Development Code Page 1/2 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, townhouses, and rowhouses in any zone where ground -floor multiple dwelling units are allowed. and may be applied aRly OR the fella " ii b � „ ipie re�eet+al, geRe�EemmeFeial, @Rd 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 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 preceding a building permit. For existing developed sites, a preliminary unit lot subdivision application may be submitted at any time. 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, turnarounds, 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 compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Packet Pg. 41 8.A.d Edmonds City Code and Community Development Code Page 2/2 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. 4173 § 1 (Att. A), 2020; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Packet Pg. 42 9.A Planning Board Agenda Item Meeting Date: 02/10/2021 Extended Agenda Staff Lead: Rob Chave Department: Planning Board Prepared By: Michelle Martin Background/History The Planning Board extended agenda is reviewed each meeting. Staff Recommendation N/A Narrative Extended agenda attached. Attachments: 02-10-2021 PB Extended Agenda Packet Pg. 43 oV 1014, Items and Dates are subject to change PLANNNS BOARD Extended Agenda February 10, 2021 Meeting Item January, 2021 January 1. Parks, Recreation & Cultural Services Update 27 2. 2022 Parks, Recreation & Open Space (PROS) Plan Update Focus Recommendations February, 2021 February 10 February 24 March, 2021 1. Potential code amendment to allow unit lot subdivisions in the Downtown Business (BD) zones (File No. AMD2020-0003) 2. An interim Ordinance of the City of Edmonds, Washington, amending Chapter 17.75 ECDC, entitled "Outdoor Dining," and a related section in Chapter 17.70 ECDC 1. Review /discussion on code update work: EV Charging March Planning Board Retreat 10 March 1. Public Hearing on a code amendment to allow unit lot subdivisions 24 in the Downtown Business (BD) zones (File No. AMD2020-0003) 2. Public Hearing on an amendment to Chapter 17.75 ECDC, entitled "Outdoor Dining," and a related section in Chapter 17.70 ECDC Packet Pg. 44 9.A.a Items and Dates are subject to change Pending 1. Implementation / code updates implementing the UFMP 2020-21 2. Implementation / code updates implementing climate goals 3. Implementation / code updates addressing WA state roadmap 4. Neighborhood Center Plans & implementation (esp. 5 Corners) 5. Low impact / stormwater code review and updates 6. Sustainable development code(s) review and updates 7. Housing policies and implementation (incl ADU regs) 8. Nonconforming buildings and redevelopment issues 9. Subdivision code updates 10. Community Development Code Amendments / Re -Organization 11. Further Highway 99 Implementation, including: ✓ Potential for "urban center" or transit -oriented design/development strategies ✓ Parking standards Recurring 1. Election of Officers (V meeting in December) Topics 2. Parks & Recreation Department Quarterly Report (January, April, July, October) 3. Joint meeting with City Council — March? 4. Development Activity Update 5. Joint meeting with EDC? r Q Packet Pg. 45