2022-12-10 City Council - Full Agenda-3341Op E D
o Agenda
Edmonds City Council
tnl. }nyo ADJOURNED REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
DECEMBER 10, 2022, 12:00 PM
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1. CALL TO ORDER
2. ROLL CALL
3. COUNCIL BUSINESS
1. Adjourned Regular Meeting (240 min)
2. Emergency Interim Ordinance Adding ADB Review for Certain CG Zoned Projects (20 min)
ADJOURNMENT
Edmonds City Council Agenda
December 10, 2022
Page 1
3.1
City Council Agenda Item
Meeting Date: 12/10/2022
Adjourned Regular Meeting
Staff Lead: City Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
N/A
Narrative
On December 6, 2022, the City Council passed a motion to adjourn the December 6 regular meeting
until 12:00 p.m. on Saturday, December 10, 2022. The meeting agenda and order of adjournment are
attached for reference.
Attachments:
2022-12-06 Council Agenda
20221206 Order of Adjournment
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Op E D
o Agenda
Edmonds City Council
tnl. }nyo REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
DECEMBER 6, 2022, 7:00 PM
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"WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH)
PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE
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CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT
1. CALL TO ORDER/FLAG SALUTE
2. LAND ACKNOWLEDGEMENT
3. ROLL CALL
4. PRESENTATION
1. Presentation of 2023 Public Works Utility Rates (20 min)
5. APPROVAL OF THE AGENDA
6. AUDIENCE COMMENTS
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE.
Edmonds City Council Agenda
December 6, 2022
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3.1.a
7. RECEIVED FOR FILING
1. Written Public Comments (0 min)
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Council Special Meeting Minutes of November 22, 2022
2. Approval of claim checks and wire payments.
3. Ordinance to Repeal the Emergency Interim CG Step Back Ordinance 4278
4. 2023 Legislative Agenda
5. Street Vacation Ordinance PLN2022-0045
6. Resolution of Retaining Rights of Self -Determination of Land Use
9. COUNCIL BUSINESS
1. Deliberations on the 2023 Edmonds City Budget (120 min)
2. Council Discussion of CIP/CFP (30 min)
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
ADJOURNMENT 10:00 PM
Edmonds City Council Agenda
December 6, 2022
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t-
EDMONDS CITY COUNCIL
ORDER OF ADJOURNMENT
In accordance with RCW 42.30.090 and ECC 1.04.020, the
December 6, 2022 regular meeting of the Edmonds City Council has
been adjourned until noon on Saturday, December 10, 2022. The
adjourned regular meeting will occur at the Council Chambers
located at 250 5" Avenue N, Edmonds, WA 98020.
Persons wishing to join this meeting virtually in lieu of in -person
attendance can click on or paste the following Zoom meeting link
into a web browser using a computer or smart phone.
Edmonds City Council Meeting Zoom link:
https://us06web.zoom.us/j/95798484261
tt Passey,
City Clerk
Posted: December 06, 2022
Parking and meeting rooms are accessible for persons with disabilities.
Please contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodate Packet Pg. 5
3.2
City Council Agenda Item
Meeting Date: 12/10/2022
Emergency Interim Ordinance Adding ADB Review for Certain CG Zoned Projects
Staff Lead: Mike Clugston
Department: Planning Division
Preparer: Michael Clugston
Background/History
This is a new item.
Staff Recommendation
Staff recommends that the Council adopt the emergency interim ordinance in Exhibit 1.
Narrative
The City of Edmonds completed a subarea planning process for the Highway 99 corridor in 2017. This
work involved extensive public engagement, data and design analysis, scenario evaluation, and
environmental review. Ultimately this process led to the adoption of the Highway 99 Subarea Plan as an
element of the Comprehensive Plan (Ord. 4077), an update to the General Commercial zoning in
Chapter 16.60 ECDC to implement the Subarea Plan (Ord. 4078), and a planned action for the Highway
99 Subarea, in accordance with the State Environmental Policy Act (Ord. 4079).
In August 2022, a required five-year review of the Highway 99 Planned Action EIS was undertaken.
While development in the Planned Action area was found by the SEPA responsible official to be well
under the established mitigation thresholds, the adequacy of the original EIS was questioned by some
members of the public. There was also some public concern about a design review application for a new
261-unit apartment building on the vacant parcel at the southeast corner of 84th Ave. and 236th St. The
concern pertained to step -backs and the interest to require them across the street from single family
zoning.
On October 4, 2022, Council adopted emergency interim Ordinance 4278 regarding step backs for
buildings on sites in the General Commercial (CG) zone that are across the street from single-family (RS)
zoned parcels.
On November 15, 2022, the Council took public testimony regarding the interim ordinance, within 60
days of adoption as required by RCW 36.70A.390.
On November 22, 2022, Council reviewed the resolution in support of retaining the interim ordinance.
Staff provided critical background information learned since the October 4 interim ordinance went into
effect. This information confirmed the Council's consideration of the CG step back language in 2017.
The Council in 2017 discussed step backs for buildings on sites in the CG zone that are across the street
from single-family (RS) zoned parcels but chose to not include that step back language in the code
adopted in Ord. 4078. Staff also confirmed with Council that Staff already has discretion under the
existing code in Chapter 16.60 to require stepbacks, as necessary to mitigate massing.
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3.2
After reviewing and discussing the new information, Council made a motion to repeal the interim
ordinance and directed the City Attorney to create a repeal ordinance for the December 6 consent
agenda. No action was taken on the repeal ordinance but Council added an item to the agenda for
discussion regarding an emergency interim ordinance to amend the CG design review process. Then,
due to the volume of items on the agenda and the late hour, a portion of the December 6 agenda was
continued to December 10.
In response to Council's request on December 6, a draft emergency interim ordinance was prepared that
would create a design review process through the Architectural Design Board (ADB) for certain projects
in the CG zone. That ordinance and the proposed revised code is included as Exhibit 1. In sum, proposed
projects in the General Commercial zone that have buildings greater than 35 feet in height would be
required to go through the same district -based design review process as exists for projects in the
Downtown Business zones as described in Chapter 20.12 ECDC.
Attachments:
2022-12-09 Exhibit 1-ordinance re design review amend ments_FinaI no highlight
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3.2.a
CITY OF EDMONDS, WASHINGTON
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING INTERIM DEVELOPMENT
REGULATIONS TO CREATE A PUBLIC DESIGN REVIEW
PROCESS FOR THE CG ZONE.
WHEREAS, the City of Edmonds completed a subarea planning process for the Highway
99 corridor in 2017, which included adopting the subarea plan into the Comprehensive Plan
(Ord. 4077), updating the General Commercial zoning in Chapter 16.60 ECDC (Ord. 4078), and
establishing the State Environmental Policy Act (SEPA) Environmental Impact Statement (EIS)
as a planned action (Ord. 4079); and
WHEREAS, concerns were raised in 2022 as to whether Ordinance 4078 properly
excluded upper story step back language that was contained in Alternative 2 to the Planned
Action EIS; and
WHEREAS, on October 4, 2022, the city council adopted Ordinance 4278 as an
emergency interim ordinance to establish upper story step backs for development across the
street from single family zones until additional consideration could be given to whether such step
backs should be adopted as a permanent regulation; and
WHEREAS, additional research was done after the adoption of Ordinance 4278, which
indicates that the 2017 city council expressly evaluated and rejected the upper story step backs
that were described in Alternative 2 to the Planned Action EIS and that their exclusion from
Ordinance 4078 was intentional; and
WHEREAS, the city council held a public hearing on whether to leave Ordinance 4278 in
effect; and
WHEREAS, public testimony was provided both for and against leaving Ordinance 4278
in effect; and
WHEREAS, the city council deliberated the merits of leaving Ordinance 4278 in effect
on November 15, 2022 and November 22, 2022 and ultimately determined to repeal Ordinance
4278; and
WHEREAS, the city council considers the step back concern to be indicative of a larger
procedural deficiency in the CG zone, namely, that Ordinance 4078 did not create any design
review process in which the public could meaningfully participate; and
WHEREAS, the creation of a public design review process (as opposed to an
administrative process) would allow concerned citizens to express design -related concerns
through a design review hearing on a project -specific basis; and
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3.2.a
WHEREAS, in appropriate instances, step backs, like those required by Ordinance 4278,
could be a result of the new design review process, the new process provides greater
opportunities for design improvements generally and allows the design review process to be
more responsive to project -specific concerns; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. ECDC 16.60.030, entitled "Site development standards — Design," is
hereby amended to read as shown on Attachment A hereto (new text is shown in underline;
deleted text is shown in stfikethr-oug ).
Section 2. ECDC 20.12.010, entitled "Applicability," is hereby amended to read as
shown on Attachment A hereto (new text is shown in underline; deleted text is shown in
Section 3. Duration of Interim Regulations Adopted in Sections 1 and 2. The interim
regulations adopted by sections 1 and 2 of 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 4 herein),
this ordinance shall not terminate until six (6) months after the effective date, unless it is
repealed sooner.
Section 4. 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 January 17, 2023 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.
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3.2.a
Section 5. Applicability of Sections 1 and 2 to Pending Applications. Any pending
application for design review that has not yet received a staff decision under ECDC 20.12.030.13
and that would be within the scope of applicability for ADB review pursuant to ECDC 20.12.010
(as amended by this ordinance) shall receive a staff recommendation to the ADB who will make
the final decision on the design of the project following a public hearing instead of a staff
decision under ECDC 20.12.030.B.
Section 6. 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 7. 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
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 adoption of the interim regulations
described herein, development applications could become vested, leading to the development of
property without public input as to the design of the development. Therefore, these interim
regulations must be imposed as an emergency measure to protect the public health, safety, and
welfare, and to prevent the vesting of building permit applications to other regulations. This
ordinance does not affect any existing vested rights.
Section 8. Publication. This ordinance shall be published by an approved summary
consisting of the title.
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3.2.a
Section 9. 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:
OFFICE OF THE CITY ATTORNEY:
I: 1
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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3.2.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 EMERGENCY ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING INTERIM DEVELOPMENT
REGULATIONS TO CREATE A PUBLIC DESIGN REVIEW
PROCESS FOR THE CG ZONE.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2022.
CITY CLERK, SCOTT PASSEY
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3.2.a
ATTACHMENT A
1 16.60.030 Site development standards - Design.
A. Screening and Buffering.
1. General.
a. Retaining walls facing adjacent property or public rights -of -way shall not exceed
seven feet in height. A minimum of four feet of planted terrace is required between
stepped wall segments.
b. Tree landscaping may be clustered to soften the view of a building or parking lot,
yet allow visibility to signage and building entry.
c. Stormwater facilities shall be designed to minimize visual impacts and integrate
landscaping into the design.
d. All parking lots are required to provide Type V interior landscaping, consistent with
Chapter 20.13 ECDC.
e. Type I landscaping is required for commercial, institutional and medical uses
adjacent to single-family or multifamily zones. The buffer shall be a minimum of 10
feet in width and continuous in length.
f. Type I landscaping is required for residential parking areas adjacent to single-
family zones. The buffer shall be a minimum of four feet in width and continuous in
length.
g. Type I landscaping is required for commercial and multifamily uses adjacent to
single-family zones. The buffer shall be a minimum of four feet in width and 10 feet
in height and continuous in length.
h. If there is a loading zone and/or trash compactor area next to a single-family or
multifamily zone, there shall be a minimum of a six -foot -high masonry wall plus a
minimum width of five feet of Type I landscaping. Trash and utility storage elements
shall not be permitted to encroach within street setbacks or within setbacks adjacent
to single-family zones. Mechanical equipment, including heat pumps and other
mechanical elements, shall not be placed in the setbacks.
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3.2.a
ATTACHMENT A
i. Landscape buffers, Type I, shall be used along the edge of parking areas adjacent
to single-family zones.
j. Outdoor storage areas for commercial uses must be screened from adjacent IRS
zones.
2. Parking Lots Abutting Streets.
a. Type IV landscaping, minimum five feet wide, is required along all street frontages
where parking lots, excluding for auto sales use, abut the street right-of-way.
b. For parking lots where auto sales uses are located, the minimum setback area
must be landscaped to include a combination of vegetation and paved pedestrian
areas.
c. All parking located under the building shall be completely screened from the public
street by one of the following methods:
i. Walls that have architectural treatment meeting at least three of the elements
listed in subsection (D)(2)(e) of this section;
ii. Type III planting and a grill that is 25 percent opaque; or
iii. Grill work that is at least 80 percent opaque.
Chapter 20.12
DISTRICT -BASED DESIGN REVIEW
Sections:
20.12.005 Outline of process and statement of intent.
20.12.010 Applicability.
20.12.020 Design review by the architectural design board.
20.12.030 Design review by city staff.
20.12.070 Design guidelines, criteria and checklist.
20.12.080 Appeals.
20.12.090 Lapse of approval.
I 20.12.005 Outline of process and statement of intent.
The architectural design board (ADB) process has been developed in order to provide for public
and design professional input prior to the expense incurred by a developer in preparation of
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3.2.a
ATTACHMENT A
detailed design. In combination, Chapter 20.10 ECDC and this chapter are intended to permit
public and ADB input at an early point in the process while providing greater assurance to a
developer that his general project design has been approved before the final significant
expense of detailed project design is incurred. In general, the process is as follows:
A. Public Hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the
city. Staff shall schedule the first phase of the ADB hearing within 30 days of staffs
determination that the application is complete. Upon receipt, staff shall provide full notice of a
public hearing, noting that the public hearing shall be conducted in two phases. The entire
single public hearing on the conceptual design shall be on the record. At the initial phase, the
applicant shall present facts which describe in detail the tract of land to be developed noting all
significant characteristics. The ADB shall make factual findings regarding the particular
characteristics of the property and shall prioritize the design guideline checklist based upon
these facts, the provisions of the city's design guideline elements of the comprehensive plan
and the Edmonds Community Development Code. Following establishment of the design
guideline checklist, the public hearing shall be continued to a date certain requested by the
applicant, not to exceed 120 days from the meeting date. The 120-day city review period
required by RCW 36.70B.080 commences with the application for Phase 1 of the public hearing.
The 120-day time period is suspended, however, while the applicant further develops their
application for Phase 2 of the public hearing. This suspension is based upon the finding of the
city council, pursuant to RCW 36.70B.080, that additional time is required to process this project
type. The city has no control over the length of time needed or taken by an applicant to
complete its application.
B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to
permit the applicant to design or redesign his initial conceptual design to address the input of
the public and the ADB by complying with the prioritized design guideline checklist criteria.
When the applicant has completed his design or redesign, he shall submit that design for final
review. The matter shall be set for the next available regular ADB meeting date. If the applicant
fails to submit his or her design within 180 days, the staff shall report the matter to the ADB
who shall note that the applicant has failed to comply with the requirements of the code and
find that the original design checklist criteria approval is void. The applicant may reapply at any
time. Such reapplication shall establish a new 120-day review period and establish a new
vesting date.
C. After completing the hearing process, the final detailed design shall be presented to the city
in conjunction with the applicable building permit application. The city staffs decision on the
building permit shall be a ministerial act applying the specific conditions or requirements set
forth in the ADB's approval, but only those requirements. A staff decision on the building permit
shall be final and appealable only as provided in the Land Use Petition Act. No other internal
appeal of the staffs ministerial decisions on the building permit is allowed.
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3.2.a
ATTACHMENT A
D. The process is schematically represented by the following flow chart:
Design Review for Major Projects
Proposed New Review Process
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[Ord. 3636 § 3, 2007].
I 20.12.010 Applicability.
The architectural design board (ADB) shall review all proposed developments in the Downtown
Business (BD) zones that require a threshold determination under the State Environmental
Policy Act (SEPA) using the process set forth in ECDC 20.12.020. All other developments in the
Downtown Business (BD) zones may be approved by staff as a Type I decision using the process
set forth in ECDC 20.12.030. When design review is required by the ADB under ECDC 20.12.020,
the application shall be processed as a Type III -A decision.
In the General Commercial (CG) zone. sdesign review by the architectural design board is
required for anypro*ect that includes buildings exceeding 7-535 feet in height as identified in
ECDC 16.60.020, regardless of whether a SEPA threshold determination is required. When
design review is required by the ADB, the application is processed as a Type III -A decision using
the procedure in ECDC 20.12.020. Projects not exceeding this height may be reviewed by staff
as a Type I decision using the process in ECDC 20.12.030. Regardless of what review process is
required, all prowects proposed in the CG zone must meet the design standards contained in
r"'nECDC 16.60.
[Ord. 4154 § 15 (Att. D), 2019; Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007].
1 20.12.020 Design review by the architectural design board.
A. Public Hearing - Phase 1. Phase 1 of the public hearing shall be scheduled with the
architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided
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3.2.a
ATTACHMENT A
according to the requirements of ECDC 20.03.003. This notice may be combined with the formal
notice of application required under ECDC 20.03.002, as appropriate.
1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative
importance of design criteria that will apply to the project proposal during the subsequent
design review. The basic criteria to be evaluated are listed on the design guidelines
checklist contained within the design guidelines and this chapter. The ADB shall utilize the
urban design guidelines and standards contained in the relevant city zoning
classification(s), any relevant district -specific design objectives contained in the
comprehensive plan, and the relevant portions of this chapter and Chapter 20.13 ECDC, to
identify the relative importance of design criteria; no new, additional criteria shall be
incorporated, whether proposed in light of the specific characteristics of a particular tract
of land or on an ad hoc basis.
2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information
necessary to identify the scope and context of the proposed development, including any
site plans, diagrams, and/or elevations sufficient to summarize the character of the
project, its site, and neighboring property information. At a minimum, an applicant shall
submit the following information for consideration during Phase 1 of the public hearing:
a. Vicinity plan showing all significant physical structures and environmentally critical
areas within a 200-foot radius of the site including, but not limited to, surrounding
building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial
photographs may be used to develop this information.
b. Conceptual site plan(s) showing topography (minimum two -foot intervals), general
location of building(s), areas devoted to parking, streets and access, existing open
space and vegetation. All concepts being considered for the property should be
submitted to assist the ADB in defining all pertinent issues applicable to the site.
c. Three-dimensional sketches, photo simulations, or elevations that depict the
volume of the proposed structure in relation to the surrounding buildings and
improvements.
3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to
present information on the proposed project. The public shall also be invited to address
which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to
the project. The Phase 1 meeting shall be considered to be a public hearing and
information presented or discussed during the meeting shall be recorded as part of the
hearing record.
4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific
design guidelines checklist criteria - and their relative importance - that will be applied to
the project during the project's subsequent design review. In submitting an application for
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ATTACHMENT A
3.2.a
design review approval under this chapter, the applicant shall be responsible for
identifying how the proposed project meets the specific criteria identified by the ADB
during Phase 1 of the public hearing.
5. Following establishment of the design guidelines checklist, the public hearing shall be
continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public
hearing. The continuance is intended to provide the applicant with sufficient time to
prepare the material required for Phase 1 of the public hearing, including any design or
redesign needed to address the input of the public and ADB during Phase 1 of the public
hearing by complying with the prioritized checklist.
6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing,
there can be no appeal of the design decision until Phase 2 of the public hearing has been
completed and a final decision rendered.
B. Continued Public Hearing - Phase 2.
1. An applicant for Phase 2 design review shall submit information sufficient to evaluate
how the project meets the criteria identified by the ADB during Phase 1 of the public
hearing described in subsection (A) of this section. At a minimum, an applicant shall
submit the following information for consideration during Phase 2 of the public hearing
a. Conceptual site plan showing topography (minimum two -foot intervals), general
layout of building, parking, streets and access, and proposed open space.
b. Conceptual landscape plan, showing locations of planting areas identifying
landscape types, including general plant species and characteristics.
c. Conceptual utility plan, showing access to and areas reserved for water, sewer,
storm, electrical power, and fire connections and/or hydrants.
d. Conceptual building elevations for all building faces illustrating building massing
and openings, materials and colors, and roof forms. A three-dimensional model may
be substituted for the building elevation(s).
e. If more than one development concept is being considered for the property, the
submissions should be developed to clearly identify the development options being
considered.
f. An annotated checklist demonstrating how the project complies with the specific
criteria identified by the ADB.
g. Optional: generalized building floor plans may be provided.
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3.2.a
ATTACHMENT A
2. Staff shall prepare a report summarizing the project and providing any comments or
recommendations regarding the annotated checklist provided by the applicant under
subsection (B)(1)(f) of this section, as appropriate. The report shall be mailed to the
applicant and ADB at least one week prior to the public hearing.
3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the
Phase 1 public hearing. Notice of the meeting shall be provided according to the
requirements of Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall
review the application and identify any conditions that the proposal must meet prior to
the issuance of any permit or approval by the city. When conducting this review, the ADB
shall enter the following findings prior to issuing its decision on the proposal:
a. Zoning Ordinance. The proposal meets the bulk and use requirements of the
zoning ordinance, or a variance or modification has been approved under the terms
of this code for any duration. The finding of the staff that a proposal meets the bulk
and use requirements of the zoning ordinance shall be given substantial deference
and may be overcome by clear and convincing evidence.
b. Design Objectives. The proposal meets the relevant district -specific design
objectives contained in the comprehensive plan.
c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the
ADB during Phase 1 of the public hearing under subsection (A) of this section. When
conducting its review, the ADB shall not add or impose conditions based on new,
additional criteria proposed in light of the specific characteristics of a particular tract
of land or on an ad hoc basis.
4. Project Consolidation. Projects may be consolidated in accordance with
RCW 36.70B.110 and the terms of the Edmonds Community Development Code.
C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this
section shall be used by staff to determine if a project complies with the requirements of these
chapters during staff review of any subsequent applications for permits or approvals. The
staffs determination shall be purely ministerial in nature and no discretion is granted to deviate
from the requirements imposed by the ADB and the Edmonds Community Development Code.
The staff process shall be akin to and administered in conjunction with building permit
approval, as applicable. Written notice shall be provided to any party of record (as developed in
Phases 1 and 2 of the public hearing) who formally requests notice as to:
1. Receipt of plans in a building permit application or application for property
development as defined in ECDC 20.10.020, and
2. Approval, conditioned approval or denial by staff of the building permit or development
approval. [Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007].
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3.2.a
ATTACHMENT A
1 20.12.030 Design review by city staff.
A. Optional Pre -Application Meeting. At the option of the applicant, a pre -application meeting
may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff
comments on a proposed development to assist the applicant in preparing an application for
development approval. Submission requirements and rules of procedure for this optional pre -
application meeting shall be adopted by city staff consistent with the purposes of this chapter.
B. Application and Staff Decision.
1. An applicant for design review shall submit information sufficient to evaluate how the
project meets the criteria applicable to the project. Staff shall develop a checklist of
submission requirements and review criteria necessary to support this intent. When
design review is intended to accompany and be part of an application for another permit
or approval, such as a building permit, the submission requirements and design review
may be completed as part of the associated permit process.
2. In reviewing an application for design review, staff shall review the project checklist and
evaluate whether the project has addressed each of the applicable design criteria. Staff
shall enter the following findings prior to issuing a decision on the proposal:
a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the
zoning ordinance, including the guidelines and standards contained in the relevant
zoning classification(s).
b. Design Guidelines. That the proposal meets the relevant district -specific design
objectives contained in the comprehensive plan.
When conducting its review, city staff shall not add or impose conditions based on new,
additional criteria proposed in light of the specific characteristics of a particular tract of
land or on an ad hoc basis. [Ord. 3636 § 3, 2007].
1 20.12.070 Design guidelines, criteria and checklist.
A. In conducting its review, the ADB shall use the design guidelines and design review checklist
as contemporaneously adopted in the design guidelines.
B. Additional Criteria. Design review shall reference the specific criteria adopted for each area
or district.
1. Criteria to be used in design review for the downtown Edmonds business districts (BD
zones) located within the downtown/waterfront activity center as shown on the city of
Edmonds comprehensive plan map include the following:
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ATTACHMENT A
3.2.a
a. Design objectives for the downtown waterfront activity center contained in the
Edmonds comprehensive plan.
b. (Reserved).
2. Criteria to be used in design review for the general commercial (CG and CG2) zones
located within the medical/Highway 99 activity center or the Highway 99 corridor as
shown on the city of Edmonds comprehensive plan map include the following:
a. Design standards contained in Chapter 16.60 ECDC for the general commercial
zones.
b. Policies contained in the specific section of the comprehensive plan addressing the
medical/Highway 99 activity center and Highway 99 corridor. [Ord. 3636 § 3, 2007].
I 20.12.080 Appeals.
A. Design review decisions by the ADB pursuant to ECDC 20.12.020(B) are appealable to
superior court in accordance with Chapter 36.70C RCW. These are the only decisions by the
ADB in this chapter that are appealable.
B. All design review decisions of the hearing examiner are appealable to superior court in
accordance with Chapter 36.70C RCW.
C. Design review decisions by staff under the provisions of ECDC 20.12.030 are only appealable
to the extent that the applicable building permit or development approval is an appealable
decision under the provisions of the ECDC. Design review by staff is not in itself an appealable
decision. [Ord. 4154 § 17 (Att. D), 2019; Ord. 3736 § 45, 2009; Ord. 3636 § 3, 2007].
1 20.12.090 Lapse of approval.
A. Time Limit. Unless the owner submits a fully completed building permit application
necessary to bring about the approved alterations, or, if no building permit application is
required, substantially commences the use allowed within 18 months from the date of
approval, ADB or hearing examiner approval shall expire and be null and void, unless the
owner files a fully completed application for an extension of time prior to the expiration date.
For the purposes of this section, the date of approval shall be the date on which the ADB's or
hearing examiner's minutes or other method of conveying the final written decision of the ADB
or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of
approval shall be the date on which a final decision is entered by the city council or court of
competent jurisdiction.
B. Time Extension.
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3.2.a
ATTACHMENT A
1. Application. The applicant may apply for a one-time extension of up to one year by
submitting a letter, prior to the date that approval lapses, to the planning division along
with any other supplemental documentation which the planning manager may require,
which demonstrates that he/she is making substantial progress relative to the conditions
adopted by the ADB or hearing examiner and that circumstances are beyond his/her
control preventing timely compliance. In the event of an appeal, the one-year extension
shall commence from the date a final decision is entered in favor of such extension.
2. Fee. The applicant shall include with the letter of request such fee as is established by
ordinance. No application shall be complete unless accompanied by the required fee.
3. Review of Extension Application. An application for an extension shall be reviewed by
the planning official as a Type I decision (Staff decision - No notice required). [Ord. 3736
§ 46, 2009; Ord. 3636 § 3, 2007].
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