2022-04-21 City Council - Full S Agenda-31501.
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o Agenda
Edmonds City Council
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APPROVAL OF THE AGENDA
AUDIENCE COMMENTS
COUNCIL BUSINESS
1. Extension of Moratorium on Certain Building Permit Applications in the BD2 Zone (10 min)
2. Interim Design Standards for Multifamily -only Buildings in the BD2 zone (20 min)
Edmonds City Council Agenda
April 21, 2022
Page 1
ADJOURN
Edmonds City Council Agenda
April 21, 2022
Page 2
6.1
City Council Agenda Item
Meeting Date: 04/21/2022
Extension of Moratorium on Certain Building Permit Applications in the BD2 Zone
Staff Lead: Jeff Taraday
Department: Planning Division
Preparer: Michael Clugston
Background/History
On February 15, City council adopted Ordinance 4247 to impose a two -month moratorium on the
acceptance of building permit applications for any property in the BD2 zone that does not front on a
designated street front. A public hearing on the moratorium was held on April 5, 2022 and findings
were adopted on April 19, 2022.
The moratorium was originally scheduled to expire on April 15, 2022 but was extended through April 21,
2022 by Ordinance 4253.
Staff Recommendation
Adopt the attached ordinance.
Narrative
The city council has indicated that it would like more time to consider whether it is appropriate to
expand the limits of the designated street front map to require at least some commercial use of new
structures within a possible expansion area.
An extension of the moratorium until June 2, 2022 would allow city staff time to analyze possible
extensions of the designated street front and report back to the city council no later than May 17, 2022,
with the contemplated council action to adopt any appropriate designated street front revisions on May
24, 2022 in conjunction with a lifting of the moratorium.
Attachments:
BD2 Building Permit Moratorium Extension ordinance
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6.1.a
CITY OF EDMONDS, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF
BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT
DO NOT FRONT ON A DESIGNATED STREET FRONT AS
IMPOSED BY ORDINANCE 4247 AND EXTENDED BY
ORDINANCES 4253 AND 4254.
WHEREAS, the Edmonds Community Development Code identifies certain portions of
certain streets in the Downtown Business (BD) zones as designated street fronts; and
WHEREAS, pursuant to ECDC 16.43.030.B.2, Map 16.43-1 shows the streets that define
the designated street front for all properties lying within the BD zones; and
WHEREAS, the development regulations in the Downtown Business (BD) zones can
vary depending upon whether the subject property fronts on a designed street front; and
WHEREAS, there is concern that the existing development regulations in the BD2 zone
may not regulate proposed development in a manner that would produce development projects
that reflect community values or that was intended by the previous city councils; and
WHEREAS, this concern was proposed to be addressed, initially, through the adoption of
interim design standards; and
WHEREAS, city staff drafted interim design standards to address this concern; and
WHEREAS, interim zoning design standards have been presented to the city council for
consideration; and
WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate
moratorium for a period of up to six months without holding a public hearing on the proposal
provided that a public hearing is held within at least sixty days of its adoption; and
WHEREAS, the city council adopted Ordinance 4247 to impose a two -month
moratorium on the acceptance of building permit applications for any property in the BD2 zone
that does not front on a designated street front; and
WHEREAS, a public hearing on the moratorium was held on April 5, 2022; and
WHEREAS, the moratorium was originally scheduled to expire on April 15, 2022; and
WHEREAS, the moratorium was extended through April 21, 2022 by virtue of Ordinance
4253; and
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6.1.a
WHEREAS, Ordinance 4253 was intended to allow staff time to research the history of
the BD zones and the designated street front; and
WHEREAS, that research led to a heighted understanding of the intent behind the BD
designated street front map and the BD permitted use table; and
WHEREAS, the history suggests that what was seen in 2011 as the logical limits of the
downtown commercial core may no longer fit the circumstances of 2022 due to the fact that
certain blocks are showing vibrant commercial activity right up to the edges of the designed
street front map; and
WHEREAS, the city council would like more time to consider whether it is appropriate
to encourage the continued vibrancy of the downtown commercial core by expanding the limits
of the designated street front map to require at least some commercial use of new structures
within a possible expansion area; and
WHEREAS, having considered the matter and having heard from the public, the city
council is directing that additional work be done on the interim regulations for BD2; and
WHEREAS, an extension of the moratorium until June 2, 2022 would allow city staff
analyze possible extensions of the designated street front and report back to the city council no
later than May 17, 2022, with the contemplated council action to adopt any appropriate
designated street front revisions on May 24, 2022 in conjunction with a lifting of the
moratorium; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Moratorium Extended. The moratorium imposed by Ordinance 4247 and
extended by Ordinance 4253 is hereby further extended to remain in effect through June 2, 2022
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 3. Declaration of Emergency. This ordinance, being an exercise of a power
specifically delegated to the city council, is not subject to referendum. Because it is not subject to
referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take
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6.1.a
effect immediately upon passage by a majority vote plus one of the whole membership of the
city council. The city council hereby declares that an emergency exists necessitating that this
ordinance take immediate effect. Without an immediate extension of the moratorium on the
city's acceptance of the building permit applications described herein, such applications could
become vested, leading to the development of property that is not consistent with the city's
values and vision for the BD2 zone. Therefore, the moratorium must be extended as an
emergency measure to protect the public health, safety, and welfare, and to prevent the
submission of building permit applications to the city in an attempt to vest rights. This ordinance
does not affect any existing vested rights.
Section 4. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This ordinance is not subject to referendum and shall take
effect and be in full force and effect immediately upon passage, as set forth herein, 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 only approved by a majority of the Council, it will take effect five days after
passage and publication.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
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6.1.a
OFFICE OF THE CITY ATTORNEY:
IM
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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6.1.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2022, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF
BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT
DO NOT FRONT ON A DESIGNATED STREET FRONT AS
IMPOSED BY ORDINANCE 4247 AND EXTENDED BY
ORDINANCES 4253 AND 4254.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2022.
CITY CLERK, SCOTT PASSEY
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6.2
City Council Agenda Item
Meeting Date: 04/21/2022
Interim Design Standards for Multifamily -only Buildings in the BD2 zone
Staff Lead: Mike Clugston
Department: Planning Division
Preparer: Michael Clugston
Background
On February 15, 2022, Council adopted Ordinance 4247, which declared a two -month emergency
moratorium on the acceptance of building permit applications for certain projects in the Downtown
Business (BD2) zone. The moratorium applies to projects that require a SEPA threshold determination
on sites that are not subject to the Designated Street Front standards in Chapters 16.43 and 22.43 of the
Edmonds Community Development Code (ECDC). The moratorium was intended to give staff time to
create interim design standards to address gaps in the code that apply to those sites.
On March 29, staff introduced the proposed interim design standards to Council. A new section would
be added to the existing design standards for the Downtown Business zones in Chapter 22.43 ECDC.
These new standards would only apply to projects in the BD2 zone that do not have the Designated
Street Front requirement and are multifamily -only buildings. The intent of the section is to ensure that
this type of project is compatible within the downtown area by adding standards for materials, private
amenity space, and street -side amenity space.
On April 5, Council held a public hearing on the moratorium and voted to extend the moratorium for
two weeks to allow additional time to consider the proposed interim design standards and to gather
additional information about the history of the Designated Street Front requirements in the BD zones.
Staff also presented the proposed interim design standards and received feedback from Council.
On April 6, staff reviewed the proposed interim design standards with the City's Architectural Design
Board (ADB). The ADB was supportive of the proposed standards.
On April 19, Council discussed the proposed standards and proposed some amendments before tabling
the discussion due to the late hour.
Staff Recommendation
Adopt the attached ordinance and referenced interim BD2 design standards in Exhibit A.
Narrative
Prior to tabling the interim design standard discussion on April 19, Council discussed several changes to
the language in proposed ECDC 22.43.080. Based on staffs current understanding, that includes:
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6.2
1) Eliminating the provision for rooftop decks in ECDC 22.43.080.C.4.
2) Adding a provision for rooftop modulation that states - "Some roof modulation is required with
preference for step-downs that follow the slope when slope exists."
Those proposed changes are reflected in the revised standards document in Exhibit A.
Next Steps
This interim code changes are narrowly focused given the time and resources available and did not
involve comprehensive analysis of multifamily design standards throughout the City. The multifamily
design standard project anticipated for 2022 will take a broad look at multifamily areas throughout
Edmonds and will revisit these interim standards as well.
The ordinance is this packet is different from the version that was included in the April 19, 2022 packet
and is also different from the version that was emailed to the city council on April 19, 2022. To avoid
confusion during your deliberations, we recommend leaving the motion from April 19, 2022 on the
table. We further recommend moving the ordinance in this packet as a starting point for your
deliberations. This process preserves all of the council's substantive policy options, but will make for
more clear deliberations. Keep in mind that five votes are needed for the ordinance to take immediate
effect. Recall that Ordinance 4254, adopted on April 19, 2022, did not pass with a sufficient margin to
take immediate effect. So, unless an ordinance is adopted to take immediate effect on April 21, 2022,
there will be a short period starting on April 22, 2022 where a developer would be able to vest to the
existing regulations by submitting a complete building permit application.
If the ordinance is adopted, the city council will need to hold a public hearing on this ordinance within
60 days of adoption. The ordinance contains a placeholder date for that hearing, which can be amended
as needed. Because these are only interim standards, final standards must be adopted within six months
of adoption of the interim standards. The standard process for code updates would have the Planning
Board review the proposed final standards and make a recommendation to Council who must adopt the
final standards.
Attachments:
Ordinance to Adopt Interim BD2 Design Standards
Exhibit A - BD2 Interim design standards ECDC 22.43.080 draft w 4.19.22 Council changes
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6.2.a
CITY OF EDMONDS, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING INTERIM DESIGN STANDARDS FOR STAND-
ALONE MULTIPLE DWELLING BUILDINGS IN THE BD2 ZONE,
SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
INTERIM STANDARDS, AND LIFTING THE MORATORIUM THAT
WAS ESTABLISHED THROUGH ORDINANCE 4247 AND
EXTENDED THROUGH ORDINANCE 4253.
WHEREAS, on February 15, 2022, the city council adopted Ordinance 4247, which
established a moratorium on the acceptance of building permit applications for BD2 zoned lots
that do not front on a designated street front; and
WHEREAS, Ordinance 4247 took effect on immediately on February 15, 2022; and
WHEREAS, the moratorium adopted by Ordinance 4247 was scheduled to terminate on
April 15, 2022; and
WHEREAS, the moratorium was extended six days by virtue of Ordinance 4253; and
WHEREAS, the moratorium was intended to allow planning staff sufficient time to draft
interim regulations for the BD2 zone; and
WHEREAS, the six -day extension was afforded to allow planning staff and the city
attorney sufficient time to research the history and legislative intent surrounding the BD zones
and the designated street front; and
WHEREAS, with work continuing on the designated street front, it is proposed that these
standards be adopted without lifting the moratorium and that the moratorium be lifted in
conjunction with resolution of designated street front issues; and
WHEREAS, planning staff have now completed a proposed set of interim design
standards for the BD2 zone; and
WHEREAS, planning staff continue to work on a permanent set of multi -family design
standards, which could be ready for adoption in the next six -months; and
WHEREAS, while the work referenced above continues, the city council desires to adopt
the following interim standards to bring the BD2 regulation into closer harmony with the city's
values and policy statements; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
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6.2.a
Section 1. Interim Design Standards. A new section 22.43.080, entitled "Additional
Design Standards Stand -Alone Multiple Dwelling Buildings in the BD2 zone," is hereby added
to the Edmonds Community Development Code to read as set forth in Exhibit A, which is
attached hereto and incorporated herein by this reference as if fully set forth.
Section 2. Duration of Interim Design Standards. The interim design standards
adopted by this ordinance shall commence on the effective date of this ordinance. As long as the
city holds a public hearing on this ordinance and adopts findings and conclusions in support of
its continued effectiveness (as contemplated by Section 3 herein), this ordinance shall not
terminate until six (6) months after the effective date, unless it is repealed sooner.
Section 3. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and
RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within
sixty (60) days of its adoption. In this case, the hearing shall be held on May 17, 2022 unless the
city council, by subsequently adopted resolution, provides for a different hearing date. No later
than the next regular council meeting immediately following the hearing, the city council shall
adopt findings of fact on the subject of this interim ordinance and either justify its continued
effectiveness or repeal the interim ordinance.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Declaration of Emergency. This ordinance, being an exercise of a power
specifically delegated to the city council, is not subject to referendum. Because it is not subject to
referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take
Packet Pg. 12
6.2.a
effect immediately upon passage by a majority vote plus one of the whole membership of the
city council. The city council hereby declares that an emergency exists necessitating that this
ordinance take immediate effect. Without taking immediate effect the interim regulations
adopted by this ordinance would not take effect prior to the expiration of the moratorium,
allowing for the possibility that building permit applications could become vested to the existing
regulations, which are not consistent with the city's values and vision for the BD2 zone.
Therefore, these interim regulations must be imposed as an emergency measure to protect the
public health, safety, and welfare, and to ensure that any building permit applications submitted
would vest to the regulations set forth in this ordinance. This ordinance does not affect any
existing vested rights.
Section 6. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 7. Effective Date. This ordinance is not subject to referendum and shall take
effect and be in full force and effect immediately upon passage, as set forth herein, 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 only approved by a majority of the Council, it will take effect five days after
passage and publication.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
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6.2.a
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
IM
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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6.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2022, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING INTERIM DESIGN STANDARDS FOR STAND-
ALONE MULTIPLE DWELLING BUILDINGS IN THE BD2 ZONE,
SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
INTERIM STANDARDS, AND LIFTING THE MORATORIUM THAT
WAS ESTABLISHED THROUGH ORDINANCE 4247 AND
EXTENDED THROUGH ORDINANCE 4253.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2022.
CITY CLERK, SCOTT PASSEY
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6.2.b
22.43.080 Additional Design Standards Stand -Alone Multiple Dwelling
Buildings in the BD2 zone.
A. Intent. To ensure that buildings entirely comprised of multiple dwelling residential units are
compatible with the downtown area.
B. Materials. Building facades must be clad with preferred building materials which include
natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber
cement products and the like may be permitted by the Director or Architectural Design Board if
they replicate the appearance of the preferred materials.
C. Private Amenity Space. An exterior area equivalent to at least 10% of the project's gross lot
area must be provided as private amenity space for residents of the development. This
standard can be met through a combination of balconies (cantilevered, recessed or semi -
recessed), decks, patios or yards for individual dwelling units or the site as a whole.
1. Not all dwelling units are required to have private amenity space. When it is provided,
it must be immediately accessible from the dwelling unit and be a minimum of 40 sq. ft.
2. If the space is at ground level facing a street, no fence may be over three feet in height.
3. Balconies may encroach into a required setback adjacent to R-zoned property up to a
maximum of 5 feet. Patios and decks may encroach into a required setback adjacent to
R-zoned property up to a maximum of 10 feet.
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D. Some roof modulation is required with preference for step-downs that follow the slope
when slope exists.
SE. Street -side amenity space or Pedestrian Area. An exterior area equivalent to at least 5% of
the project's gross lot area must be provided as street -side amenity space or pedestrian area.
This space must be arranged along the street front between the building and the sidewalk and
must be open to the sky, unless otherwise excepted. The space must be pedestrian -oriented
and may include the following elements:
1. Landscaping
2. Seating area
3. A similar feature as approved by the Director or Architectural Design Board
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6.2.b
4. Areas allocated to private amenity space cannot be used toward the street -side amenity
space or pedestrian area requirement.
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