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2024-04-24 Planning Board PacketOF EDA' v ti Agenda Edmonds Planning Board REGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL- 3RD FLOOR, EDMONDS, WA 98020 APRIL 24, 2024, 7:00 PM REMOTE MEETING INFORMATION: Meeting Link: https://edmondswa- gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxITG9LZkc3 KOhuS014QT09 Meeting ID: 873 2287 2194 Passcode:007978 This is a Hybrid meeting: The meeting can be attended in -person or on-line. The physcial meeting location is at Edmonds City Hall 121 5th Avenue N., 3rd floor Brackett R000m Or Telephone :US: +1 253 215 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 2. APPROVAL OF MINUTES A. Minute Approval 3. ANNOUNCEMENT OF AGENDA 4. AUDIENCE COMMENTS For topics not scheduled for a public hearing. Please limit your comments to 3 minutes S. ADMINISTRATIVE REPORTS 6. PUBLIC HEARINGS 7. UNFINISHED BUSINESS A. Accessory Dwelling Unit Code Update (AMD2023-0008) B. Green Building Incentives Program 8. NEW BUSINESS 9. SUBCOMMITTEE REPORT 10. PLANNING BOARD EXTENDED AGENDA A. Extended Agenda Edmonds Planning Board Agenda April 24, 2024 Page 1 11. PLANNING BOARD MEMBER COMMENTS 12. PLANNING BOARD CHAIR COMMENTS 13. ADJOURNMENT 14. GENERIC AGENDA ITEMS Edmonds Planning Board Agenda April 24, 2024 Page 2 2.A Planning Board Agenda Item Meeting Date: 04/24/2024 Minute Approval Staff Lead: Mike Clugston Department: Planning & Development Prepared By: Michelle Martin Background/History N/A Staff Recommendation Review April 10th meeting minutes. Narrative April 10th draft meeting minutes attached. Attachments: Draft April 10, 2024 minutes Packet Pg. 3 2.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Hybrid Meeting April 10, 2024 Chair Mitchell called the hybrid meeting of the Edmonds Planning Board to order at 7:00 p.m. at Edmonds City Hall and on Zoom. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES The Land Acknowledgement was read by Board Member Martini. 0 L Board Members Present Staff Present a Jeremy Mitchell, Chair Mike Clugston, Acting Planning Manager Lauren Golembiewski, Vice Chair (online) Rose Haas, Planner Susanna Martini Nick Maxwell Board Members Absent Judi Gladstone (excused) Richard Kuehn (excused) READING/APPROVAL OF MINUTES MOTION MADE BY BOARD MEMBER MARTINI, SECONDED BY VICE CHAIR GOLEMBIEWSKI, TO APPROVE THE MINUTES OF MARCH 27, 2024 AS PRESENTED. MOTION PASSED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Roger Pence, former Planning Board member/chair, commented on the issue of the stated growth targets of 13,000 people and 9,000 units. After doing his own research he found that there is no justification for the expectation that the City of Edmonds is going to grow by 13,000 people in the next 20 years which is 4'/2 times the growth rate of the previous 20 years. He also referred to the RM zoning and urged the City to enable smaller units (1300 to 900 sf units) which could result a 50% increase in unit count out of future development in that zone. NEW BUSINESS Planning Board Meeting Minutes April 10, 2024 Pagel of 3 Packet Pg. 4 2.A.a A. Accessory Dwelling Unit Code Update (AMD2023-0008) The Board agreed to discuss this topic but wait to make a final recommendation at a future meeting when more members are present. Planner Rose Haas presented the proposed code update and summarized staff recommendations on areas where staff is seeking a recommendation from the Planning Board — reduction in rear setbacks, total gross floor area restrictions, parking requirements, and whether to have impact fees. The City Council public hearing is scheduled tentatively for May 7. Via Perkins Eastman, the consultant, is projecting 2,010 ADUs to be built by 2044, or 105 per year. There some discussion about the illustrations and a request for a 3-D model showing potential ADU development for better visualization. Staff responded to clarification questions about the City's ability to require parking, whether ADUs can be built in front of a primary residence, and the relationship between planning for development and building the infrastructure. The group debated proposed size restrictions, possible setbacks, and heights. The sizes seemed appropriate to some members. The height of the units appears to be the biggest concern for people in proximity to their existing .. houses for privacy, light/views, and aesthetics. There was a suggestion to expand incentives (such as reduced c setbacks) for single story to other parcel sizes instead of just the smaller parcels. Several members expressed a agreement. There was a recommendation to not automatically offer the 10-foot setback on RS-6 or RS-8 in a order to encourage single -story through incentives on the small lots. There was significant discussion about hypothetical and actual scenarios with varying heights and setbacks. A question was asked if stepbacks could =_ be required for the second story in certain situations. Staff clarified that they can't restrict it more than they 2 would for a single-family structure. There was support for having the setbacks for two-story DADUs be the same as the primary house. There was some discussion about the fact that unconditioned space for single-family homes is not currently restricted, so it cannot be restricted for ADUs as long as it meets lot coverage restrictions. It was noted that they could potentially end up with a 1200 sf ADU built over 1200 sf of unconditioned space in some circumstances. This might not be a bad thing as it is an efficient building style and could help with parking concerns. Planning Manager Clugston stressed that this would be a very uncommon situation. The group debated whether or not to require parking spaces for ADUs. Based on public concerns about not requiring parking, a suggestion was offered to allow no parking for ADUs under a certain size threshold. Those smaller units could potentially also be exempt from impact fees due to their small scale. Various options for parking requirements were discussed. The City of Kirkland's regulations were reviewed which do not require parking for one ADU but require an extra space if there are two. It was noted that this would be a way of meeting the community halfway to address concerns about parking. The idea of having residential permit parking was briefly mentioned. There was some discussion about whether it would be possible to do a public survey just on the parking topic to get a better feel of the public opinion. Planning Manager Clugston suggested that the Planning Board could provide City Council with more than one creative idea for them to debate; they don't have to provide just one solution. Ms. Haas commented on the discrepancy between the comments that staff receives on day-to-day planning and the public feedback they have gotten on this topic with regard to setbacks, parking, size, etc. It was noted that people who actually want to build want flexibility with parking. Incentives can be useful with a certain size threshold. The group was supportive of requiring impact fees to sustain growth. There was a suggestion that smaller units could be exempt (500-600 sf) due to their reduced scale. There was another suggestion to require an application if someone wants to waive impact fees. Staff raised a concern about incentivizing smaller units because of the Planning Board Meeting Minutes April 10, 2024 Page 2 of 3 Packet Pg. 5 lack of diverse housing this could produce. It was noted that the type of structure built would still be market - driven. There was discussion about costs to build ADUs, whether converted she -sheds would be allowed, ADA accessibility, and whether impact fees would be a barrier for builders. There seemed to be agreement that the proposed impact fees were appropriate. L rr , a member of the public raised a concern about ADUs being permitted by the City in PRDs (Planned Residential Developments) even though there might be existing HOA or CCRs precluding them. Ms. Haas affirmed this could happen, but if the PRD had an existing ban prior to a certain date, the PRD could ban it as part of that private agreement. In that instance it would be a civil issue between the homeowner and the HOA or the PRD. However, the City would not be involved in regulating it. Larry expressed concern that the only remedy available after the City approved the permit would be for someone to sue to stop the development. He recommended that they look into this further. There was some support by board members to follow up with the City Attorney and defer to the City Council. Staff added that they do not currently look at HOA documents when reviewing building permits, so this would not be different than the existing situation. .. �a PLANNING BOARD EXTENDED AGENDA a a a April 24 — Green Building incentives; Detached Accessory Dwelling Units - Vice Chair Golembiewski and Board Member Maxwell will work on a draft recommendation on ADUs based on tonight's discussion for =_ consideration on April 24. May 22 - Staff will confirm the joint meeting with the EDC. There may also be an update on the Tree Canopy study at this meeting. If so, staff will consider whether to move the public hearing for the Green Building incentives. It is not known if or when the Board will get back to the Tree Code this year. PLANNING BOARD MEMBER COMMENTS Board Member Maxwell reported on a recent Council discussion regarding growth alternatives for the Comprehensive Plan. He expressed concern about the lack of time to preparation a presentation for the City Council that would have facilitated better discussion and understanding. He recommended that the Planning Board not do anything that they don't have to do this year (tree plan, Climate Element) so they can better focus on what needs to be done with the rest of the Comprehensive Plan and do it well. PLANNING BOARD CHAIR COMMENTS None ADJOURNMENT: The meeting was adjourned at 8:58 p.m. Planning Board Meeting Minutes April 10, 2024 Page 3 of 3 Packet Pg. 6 7.A Planning Board Agenda Item Meeting Date: 04/24/2024 Accessory Dwelling Unit Code Update (AMD2023-0008) Staff Lead: Rose Haas Department: Planning Division Prepared By: Rose Haas Background/History The Housing Element in the 2020 Comprehensive Plan recommends the following strategy to promote affordable housing: o The City [should substantially revise] its accessory dwelling regulations, providing clearer standards and streamlining their approval as a standard option for any single family lot (2020 Comprehensive Plan, p. 92). In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include detached accessory dwelling units (DADUs): o Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit. In the spring of 2023, the state legislature passed HB 1337 which requires jurisdictions like Edmonds to update their development codes to allow for DADUs and make related code changes to make it easier to create accessory dwelling units. In late October of 2023, City Council indicated that they wished to allow detached accessory dwelling units (DADUs) in anticipation of conforming with the state mandate that takes effect in July 2025 (HB 1337). Staff introduced the proposal to allow for DADUs as well as to fully comply with the upcoming required State of Washington mandate at Council Committee on November 14, 2023. Staff held a live public webinar on November 30, 2023 with an online comment period from November 30- December 31, 2023. Staff introduced the proposal at Planning Board on December 13, 2023. Staff discussed the proposal at Planning Board on January 10, 2024 and January 24, 2024. The preliminary discussion touched on the following topics: § Regulation of units in lots that contain critical areas; § Maximum unit square footage; § Setback reductions; § Utilities connections, metering, and Public Works' requirements; § Nullification of existing owner -occupancy covenants. Staff reintroduced the proposal and presented draft code amendments at City Council on February 27, 2024. Planning Board held a Public Hearing on the Proposal on February 28, 2024. Legal notice for the Packet Pg. 7 7.A Public Hearing was published and posted on February 14, 2024. Written comments gathered by staff were presented prior to the hearing. Council and Staff held a study session on March 5, 2024. Planning Board and Staff reconvened on April 10, 2024, to discuss possible policy recommendations. Staff has updated the webpage (Edmondswa.gov/ADU <https://www.edmondswa.gov/government/departments/development services/planning division /code modernization/accessory dwelling units code update>) throughout the entire process. The webpage includes the recorded webinar, draft code amendments, FAQs, self -guided slide shows, and has provided a forum for ongoing public comment. On April 241h, Planning Board will discuss and refine their draft policy recommendations prior to forwarding a final memo to City Council. The Board's draft recommendations are included as Attachment 3. The project will be returning to Council on May 7, 2024 for a Public Hearing, and is anticipated for adoption on June 4, 2024. Staff Recommendation Staff requests that Planning Board discuss the draft policy language and proposed code language (Attachment 1). Staff recommends that the Planning Board generate a decision memorandum for City Council that include recommendations on the following policy topics: 1. ADU size restrictions; 2. ADU setback reductions; 3. Parking restrictions; 4. Impact fees. Narrative Accessory dwelling units (ADU) provide affordable housing options within existing single-family neighborhoods. They are a small residence that shares a single-family lot with a primary dwelling. An ADU is self-contained, with its own kitchen, bathroom, living and sleeping area. Edmonds has allowed (ADUs) since 2000 but only when they are in or attached to a primary residence (ECDC 20.21). The core obiectives of the ADU code update are as follows: 1. To allow DADUs in the City of Edmonds. 2. To align with HB 1337 in terms of development standards. 3 To provide clear and objective guidance for those who choose to add ADUs or DADUs to their property. 4. To provide standards for height, floor area, parking, utilities, etc. In the spring of 2023, the state legislature passed HB 1337 which requires jurisdictions like Edmonds to update their development codes to allow for DADUs and make related code changes to make it easier to create accessory dwelling units. State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or by June 30, 2025. The requirements for the City of Edmonds will be as follows: Packet Pg. 8 7.A Allow two ADUs per lot (any configuration of ADU and DADU). No owner -occupancy requirements. Allow separate sale of ADUs. No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). Maximum size limitation no less than 1,000sf. Allow DADUs to be sited at a rear lot line, the lot line abuts a public alley. No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. Allow ADUs of at least 24-feet in height. Allow impact fees of no more than 50% of the fees imposed on the principal unit. While work on updating the Comprehensive Plan continues, changes to the accessory dwelling unit code can be made now using existing City policy guidance and the ADU guidance provided by the Department of Commerce. There is existing demand for this housing option; Planning staff receives significant interest through phone inquiries, e-mails and counter visits from community members on a weekly basis. Community members are interested in having accommodation for families to age in place or to help offset rising housing -related costs. Public Comments received after the April 101h Planning Board meeting are shown as Attachment 2. Attachments: Attachment 1 - DRAFT Redline strikethrough Code Amendment Attachment 2 - Public Comment Attachment 3 - Draft Planning Board Recommendation to Council Packet Pg. 9 7.A.a DRAFT ADU CODE UPDATE— 1337 v.8 DRAFT ADU Code Amendments v.8 3.36.030 Assessment and payment of impact fees.) A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125. from any applicant seeking development approval from the city for any development activity within the city as provided herein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. 1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory to a residential use, and signs. 2. For the purposes of this chapter, development activity shall not include replacement of a residential structure with a new residential structure of the same type at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior residential structure. Replacement of a residential structure with a new residential structure of the same type shall be interpreted to include any residential structure for which there is no increase in the number of residential units. 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. Note accessory dwelliRg units (ADIJs) aF@ ROt considered to create- additignal dwtalliRg WRitS becaus;o Grnr :20:21 WO d9tas; not Consider enl Ic as iRGreaSiRg the overall deRSit.y of a ogle family residential n inhhnrhood 1 B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time of issuance of the building permit, including but not limited to change of use permit or remodel permit. 1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount equal to the applicable impact fee for the prior use. Commented [RH1]: I added Comments for annot whether the code is being deleted, moved or added why. Or, whether more info is needed Commented [HR2]: Under departmental internal and with the City Attorney Packet Pg. 10 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125. 3. Where the impact fees imposed are determined by the square footage of the development, the building official will establish the gross floor area created by the proposed development. 4. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded. 5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee program. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or business license is issued by the city. The department shall not issue the required building permit or business license or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building permits may be issued without impact fee payment when payment is deferred in accordance with ECC 3.36.160. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; Packet Pg. 11 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the city within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed (arco«or„ rtwe!liRg , nitS (ADUs) are not si.dere d to create a.JdWAn;4i dlAfpiifnn u.n.uts; hPc; ice CGDC 2021 0:20 dpps; not cAnr'dPr ADD is as g then roii density of a single family residential neighborhood, and beEause the Eit)(5 traffic Model does nAt assign additional trips to the ntati-A-fArk a It of ADI icy E. Low-income housing units shall be exempt from paying 80 percent of the street impact fees to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the developer recording a covenant that prohibits using the low-income housing units for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing development, and that if the property is converted to a use other than for low-income housing, the property owner must pay the applicable impact fees in effect at the time of conversion. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the low-income units are continuing to be rented in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the housing is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the street impact fee. C. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be Commented [HR3]: Under departmental internal and with the City Attorney Packet Pg. 12 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 used for low-income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. D. Early learning facilities shall be exempt from paying 80 percent of street and park impact fees; provided, that the early learning facility satisfies the conditions of this subsection. Such exemption shall be conditioned upon the developer recording a covenant that requires that at least 25 percent of the children and families using the early learning facility qualify for state subsidized child care, including early childhood education and assistance under Chapter 43.216 RCW, and that provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion, and that also provides that if at any point during a calendar year the early learning facility does not achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay the remaining impact fee that would have been imposed on the development had there not been an exemption. The covenant shall also require the owner to submit an annual report to the city along with supporting documentation that shows that the early learning facility is in compliance with the covenant. The covenant shall be an obligation that runs with the land upon which the early learning facility is located. The covenant shall be in a form acceptable to the city attorney and shall be recorded upon the developer's payment of the remaining 20 percent of the impact fees. E. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise Packet Pg. 13 7.A.a DRAFT ADU CODE UPDATE - 1337 v.8 provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October 1, 2014: 1. Single-family house: $2,734.05 per dwelling unit. 2. Accessory dwelling units: $1,367.03 per dwelling unit. 3. 2-. Multifamily residential housing: $2,340.16 per dwelling unit. 4.3. Nonresidential development: $1 .34 per square foot. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.125 Street impact fee rates. The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, all new developments in the city will be charged the street impact fee applicable to the type of development as follows in the table below. For properties zoned BD - Downtown Business, an ITE Land Use Code of 814 - Specialty Retail shall be applied. 2016 (w/ 2017 (w/ 2018 (w/ 2019 and ITE Land Use Code - Fee $1,049.41 $2,543.01 $4,036.61 beyond (w/ Description Calculation cost per cost per cost per $5,530.21 cost trip) trip) trip) per trip) 110 - Light Industrial per square foot $1.50 $3.64 $5.77 $7.91 140 - Manufacturing per square foot $1.12 $2.72 $4.32 $5.92 151 - Mini -warehouse per square foot $0.40 $0.97 $1.54 $2.10 210 - Single-family house per dwelling $1,196.33 $2,873.60 $4,561.37 $6,249.14 unit Commented [HR4]: Under departmental internal and with the City Attorney. Per RCW 36.70A.681(1)( city of county may not assess impact fees on the construction of accessory dwelling units that are grc than 50 percent of the impact fees that would be irr on the principal unit Q Packet Pg. 14 7.A.a DRAFT ADU CODE UPDATE- 1337 v.8 ITE Land Use Code - Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 215 - Accessory dwelling units per dwelling 1$3,124.57 unit 220 -Apartment per dwelling unit $776.56 $1,881.83 $2,987.09 $4,092.36 230 - Condominium per dwelling unit $629.65 $1,525.81 $2,421.97 $3,318.13 240 - Mobile home per dwelling unit $671.62 $1,627.53 $2,583.43 $3,539.33 251 - Senior Housing per dwelling unit $157.41 $584.89 $928.42 $1,271.95 320 - Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13 420 - Marina per boat berth $188.89 $457.74 $726.59 $995.44 444 - Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85 492 - Health/fitness club per square foot $2.78 $6.74 $10.98 $14.66 530 - High school per square foot $0.82 $1.98 $3.15 $4.31 560 - Church per square foot $0.69 $1.68 $2.67 $3.65 565 - Day care center per square foot $6.57 $15.77 $25.02 $34.29 620 - Nursing home per bed $199.39 $483.17 $766.96 $1,050.74 710 - General office per square foot $2.07 $5.01 $7.95 $10.89 720 - Medical office per square foot $3.81 $9.54 $15.14 $20.74 - Commented [HR5]: Under departmental internal and with the City Attorney. Per RCW 36.70A.681(1)( city of county may not assess impact fees on the construction of accessory dwelling units that are grc than 50 percent of the impact fees that would be irr on the principal unit Packet Pg. 15 7.A.a DRAFT ADU CODE UPDATE- 1337 v.8 ITE Land Use Code - Description Fee Calculation 2016 (w/ $1,049.41 cost per trip) 2017 (w/ $2,543.01 cost per trip) 2018 (w/ $4,036.61 cost per trip) 2019 and beyond (w/ $5,530.21 cost per trip) 820 - Shopping center per square foot $1.34 $3.26 $5.17 $7.08 826 - Specialty retail per square foot $0.93 $2.06 $3.27 $4.48 850 - Supermarket per square foot $4.80 $10.50 $16.84 $22.84 850 - Convenience market 15 - 16 hrs per square foot $5.80 $14.07 $22.38 $30.58 912 - Drive-in bank per square foot $7.00 $15.97 $25.41 $34.73 932 - Restaurant: sit-down per square foot $4.70 $10.04 $15.95 $21.84 933 - Fast food, no drive -up per square foot $9.19 $22.28 $35.36 $48.44 934 - Fast food with drive -up per square foot $11.23 $26.24 $41.66 $57.07 936 - Coffee/donut shop, no drive -up per square foot $5.73 $13.88 $22.04 $30.19 938 - Coffee/donut shop, drive- up, no indoor seating per square foot $10.55 $25.56 $40.37 $55.58 945 - Gas station with convenience per vehicle fueling position $3,347.62 $6,916.99 $10,979.58 $15,042.18 [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. Packet Pg. 16 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory dwelling units. 16.20.06050 Site development standards - Accessory buildings. 16.20.000 Purposes. The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas primarily for family living in single-family dwellings; B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. [Ord. 3547 5 1, 20053. 16.20.010 Uses. A. Permitted Primary Uses. 1. Single-family dwelling units; 2. Churches, subject to the requirements of ECDC 17.100.020; 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 8 Packet Pg. 17 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 4. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 5. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Foster homes; 2. Accessory dwelling units, subject to the requirements of 16.20.050 ECDC; 3. 2—Home occupation, subject to the requirements of Chapter 20.20 ECDC; 3--.4. The renting of rooms without separate kitchens to one or more persons; 5.4. The following accessory buildings: a. Fallout shelters, b. Private greenhouses covering no more than five percent of the site, c. Private stables, d. Private parking for no more than five cars, e. Private swimming pools and other private recreational facilities; 6. -S-. Private residential docks or piers; 7. 6-. Family day-care in a residential home; 8. T Commuter parking lots that contain less than 10 designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(5) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; 9. 8_ Bed and breakfasts, as in ECDC 20.23.020(A)(1). 9 00 0 0 0 A N O N Q O ca Q O O tU w. M co C_ Commented [MC6]: ADUs will be a permitted sec Z y use. ADUs currently require a conditional use perm addition to any building permit requirements. Redu permitting time and cost. O rn rn d t� t� Q Packet Pg. 18 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 C. Primary Uses Requiring a Conditional Use Permit. 1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; 3. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Preschools; 2. Guest house; 3. Amateur radio transmitting antennas; 4 Accessory wellingunits; 4— Commuter parking lots with 10 or more designated parking spaces in conjunction with a church, school, or local public facility allowed or conditionally permitted in this zone; and 6. -5-. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012; Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005]. 16.20.020 Subdistricts. There are established seven subdistricts of the RS zone in order to provide site development standards for areas which differ in topography, location, existing development and other factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. [Ord. 3547 § 1, 2005]. 10 Packet Pg. 19 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 16.20.030 Table of site development standards. Minimum Minimum Minimum Minimum Minimum Maximum Minimum Sub Maximum Side Rear Maximum Lot Area Lot Street Coverage Parking Density' Height District (Sq.Ft.) Width Setback Setback Setback M Spaces' RS-20 20,000 2.2 100, 25' 3513 & 25' 25' 35% 2 10, IRS-1 2 12,000 3.7 80' 25' 10, 25' 25' 35% 2 RSW- 12,000 3.7 — 15' 10, 35' 25' 35% 2 124 IRS-1 0 10,000 4.4 75' 25' 10, 20' 25' 35% 2 RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2 RS-6 6,000 7.3 60' 20' S' 15' 25' 35% 2 RS-MP5 12,0005 3.75 80'5 255 10i5 255 25' 35% 2 1 Density means "dwelling units per acre" determined by dividing the total lot area by the density allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 2 See Chapter 17.50 ECDC for specific parking requirements. 3 Thirty-five feet total of both sides, 10 feet minimum on either side. 4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by the hearing examiner. 5 "MP" signifies "master plan." The standards in this section show the standards applicable to development without an approved master plan. Properties in this zone may be developed at a higher urban density lot pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan adopted under the provisions of ECDC 16.20.045. [Ord. 3547 § 1, 2005]. 11 Packet Pg. 20 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 16.20.040 Site development exceptions. A. Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the average of all the setbacks of the existing residential buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered structures less than 30 inches in height shall not be included in the "average front setback' determination. An applicant for such a determination shall provide a drawing which locates the street property line for the entire block, as well as the existing street setbacks of all buildings required to be used for the purpose of calculating the "average front setback." The drawing shall be prepared and stamped by a land surveyor registered in the state of Washington. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided, that they are no more than 30 inches above ground level at any point. D. Reserved. E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. Docks, Piers, Floats. 1. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks. 2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. 3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. 12 Packet Pg. 21 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. joint use docks or piers shall observe all other regulations of this subsection. 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 6. Size. No residential dock or pier shall exceed 400 square feet. 7. Floats. Offshore recreational floats are prohibited. 8. Covered Buildings. No covered building shall be allowed on any residential dock or pier. [Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005]. 16.20.045 Site development standards - Single-family master plan. A. General. The "single-family -master plan" zone is intended to apply to the area lying along the south side of SR-104 north of 228th Street SW, where there are development constraints related to access and traffic on SR-104. Development in this zone may be approved at RS-12 standards without an approved master plan. An approved master plan is required before any development can occur at RS-8 densities. B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities shall be developed according to a master plan (such as through a PRD) that clearly demonstrates the following: 1. That access and lot configurations shall not result in additional curb cuts or unmitigated traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer approved by the city shall clearly demonstrate this requirement. 2. That the configuration and arrangement of lots within the master plan area provide for setbacks on the perimeter of the proposed development that are compatible with the zoning standards applied to adjoining developed properties. For example, a master plan adjoining developed lots in an RS-MP zone that were developed under RS-12 standards 13 Packet Pg. 22 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 shall have RS-12 setbacks along common property lines, although the lot sizes, widths, and other bulk standards may conform to the higher density lot configuration approved through the master plan. [Ord. 3547 § 1, 20051. 16.20.050 Site development standards - Accessory dwelling units, A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDC except as specifically provided in this section. B. Number of Units. A principal dwelling unit may have two accessory dwelling units in the following configurations: one attached and one detached accessory dwelling units, two attached accessory dwelling units, or two detached accessory dwelling units. C. Table of ADU development standards. W Sub District Maximum ADU Minimum Maximum DADU Minimum Parking Gross Floor Area (Sq. Ft. DADU Rear Hei h Spaces Setback',' RS-20 1,200 25' 24' 0 RS-12 1,200 25' 24' 0 RS-10 1,200 20' 24' 0 RS-8 11000 1013 24' 0 RS 11000 10i3 24' 0 1 INo rear Setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size. 2 Standard street and side setbacks per ECDC 16.20.030 apply. 3 The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. 14 Commented [MC7]: Moving and updating ADU Is currently in ECDC 20.21. ADUs are only allowed in si family (RS) zones so it is reasonable to include the A related standards in the IRS zoning chapter. At the si time, the standards are being updated to be consist, HB 1337 and best practices. Commented [RH8]: HB 1337 will require gross flc up to 1,000sf. Gross floor area is defined by RCW 36 as "the interior habitable area of a dwelling unit ind basements and attics but not including a garage or a structure." Commented [MC9]: Consistent with HB 1337 Packet Pg. 23 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 D. Types of Building. A manufactured or modular dwelling unit may be used as an accessory dwelling unit. Detached accessory dwelling units are allowed to be created in existing legally permitted buildings, including detached garages. Legal nonconforming buildings converted for use as an accessory dwelling unit must meet the requirements of 17.40.020(D). E. Driveways. Access to the principal unit and any residential units shall comply with city codes and policies as established by ECDC Title 18. d. Utilities and Services. The Public Works Department considers Accessory Dwelling Units dependent upon the principal unit and within the capacity of existing infrastructure of the primary unit. 1. Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 2. Utility Access. Occupants of Accessory Dwelling Units and the primary unit must have unrestricted access to utility controls for systems (Including water, electricity, and gas) in each respective unit or in a common area. 3. Water Meter. Only one water service and meter is allowed per parcel to serve the principal unit and each accessory dwelling unit. Private submetering on the property is allowed, but the City is not involved with installing or reading the submeter. 4. Sewer. Only one sewer lateral is allowed per parcel to serve the principal unit and each accessory dwelling unit. Separate connections to the main trunk line will not be permitted. �5. Septic System. 5. Mailboxes. Additional mailboxes may be added for each permitted unit, as approved by the Post Office. G. Health and Safety. Accessory dwelling units must comply with all the applicable requirements of the current building codes adopted by ECDC Title 19 and must comply in all respects with the provisions of the Edmonds Community Development Code. Accessory dwelling units will be required to have separate ingress/egress from the principal dwelling unit. H. Previously approved accessory dwelling units. ADUs that were previously approved by the City of Edmonds may continue and are not subject to the standards of this subsection. If expansion 15 Commented [HR10]: Language TBD by Public We Department. Per State requirements, cities may pro ADUs on properties not served by sewers. Commented [RH11]: Under review with City of E Public Works Department, Utility Billing, and olymp Water and Sewer District Packet Pg. 24 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 or modification to an approved unit is proposed, the ADU must come into full compliance with the requirements of this section. 16.20.060 16.20.050 Site development standards - Accessory buildings. A. General. Accessory buildings and structures shall meet all of the standards of ECDC 16.20.030 except as specifically provided in this section. B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas and their supporting structures. Garages or other accessory buildings attached by a breezeway, hallway, or other similar connection to the main building which results in a separation exceeding 10 feet in length may not exceed the 15-foot height limit. The separation shall be determined by the minimum distance between the outside walls of the main building and accessory building, exclusive of the connecting structure. C. Rear Setbacks. The normally required rear setback maybe reduced to a minimum of five feet for accessory buildings covering less than 600 square feet of the site. D. Satellite Television Antenna. A satellite television antenna which measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations: 1. General. Satellite television antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes as the same exist or are hereafter amended. A building permit shall be required in order to install any such device. 2. Setbacks. In all zones subject to the provisions contained herein, a satellite television antenna shall be located only in the rear yard of any lot. In the event that no usable satellite signal can be obtained in the rear lot location or in the event that no rear lot exists as in the case of a corner lot, satellite television antennas shall then be located in the side yard. In the event that a usable satellite signal cannot be obtained in either the rear or side yard, then a roof -mounted location may be approved by the staff, provided, however, that any roof -mounted satellite antenna shall be in a color calculated to blend in with existing roof materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine feet in diameter unless otherwise provided for by this section. In no event shall any roof- 16 Packet Pg. 25 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 mounted satellite television antenna exceed the maximum height limitations established by this section. 3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective color and surface which shall blend into their surroundings. In the case of a parabolic, spherical or dish antenna, said antenna shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the satellite television antenna. 4. Size and Height. Maximum size for a ground -mounted parabolic, spherical or dish antenna shall be 12 feet in diameter. No ground -mounted antenna shall be greater than 15 feet in height unless otherwise approved for waiver as herein provided. The height of roof - mounted satellite television antennas shall not exceed the lesser of the height of the antenna when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the antenna or the height limitation provided by the zoning code. 5. Number. Only one satellite television antenna shall be permitted on any residential lot or parcel of land. In no case shall a satellite television antenna be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire antenna on the property in order to circumvent the intentions of this section. E. Amateur Radio Antennas. 1. The following applications for the following approvals shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC): a. Requests to utilize an amateur radio antenna dish which measures greater than one meter or 1.1 yards in diameter; b. Requests to utilize an antenna which: i. Would be greater than 12 feet in height above the principal building on a site. The height of the antenna shall be determined by reference to the highest point of the roof of the principal building, exclusive of the chimney or other roof -mounted equipment. The request to locate a 12-foot antenna on a building is limited to buildings whose height conforms to the highest limit of the zone in which the building is located. ii. Would exceed the height limit of the zone when mounted on the ground or on any accessory structure (see subsection (E)(2)(d) of this section). 17 Packet Pg. 26 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 2. The application shall comply with the following regulations: a. Definition. "Amateur radio antenna" means an antenna, or any combination of a mast or tower plus an attached or mounted antenna, which transmits noncommercial communication signals and is utilized by an operator licensed by the Federal Communications Commission. Guy wires for amateur radio antennas are considered part of the structure for the purpose of meeting development standards. b. General. Amateur radio antennas must be installed and maintained in compliance with the Uniform Building and Electrical Codes, as the same exist or are hereafter amended. A building permit shall be required to install an amateur radio antenna. c. Location. Amateur radio antennas may be ground- or roof -mounted, however, these devices shall: i. Be located and constructed in such a manner as to reasonably ensure that, in its fully extended position, it will not fall in or onto adjoining properties; ii. Not be located within any required setback area; and iii. Be retracted in inclement weather posing a hazard to the antenna. d. Height. The height of a ground -mounted tower or roof -top antenna may not exceed the greater of the height limit applicable to the zone or 65 feet when extended by a telescoping or crank -up mechanism unless an applicant obtains a waiver (see subsection (F) of this section). i. Only telescoping towers may exceed the height limits established by subsection (E)(1)(b) of this section. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver has been granted. ii. An antenna located on a nonconforming building or structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus 12 feet. 18 Packet Pg. 27 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 e. Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting. F. Technological Impracticality - Request for Waiver. 1. The owner, licensee or adjacent property owner may apply for a waiver if: a. Strict application of the provisions of this zoning code would make it impossible for the owner of a satellite television antenna to receive a usable satellite signal; b. Strict application of the provisions of this zoning code would make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or FCC protected right; or c. An adjacent property owner or holder of an FCC license or right believes that alternatives exist which are less burdensome to adjacent property owners. 2. The request for waiver shall be reviewed by the hearing examiner as a Type III -A decision and may be granted upon a finding that one of the following sets of criteria have been met: a. Technological Impracticality. i. Actual compliance with the existing provisions of the city's zoning ordinance would prevent the satellite television antenna from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communications Commission (FCC) by license, law or FCC regulation; or ii. The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a satellite television antenna or to exercise the rights granted pursuant to a valid FCC license, law or FCC regulation. b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider the application of adjacent property owners for a waiver consistent with the provisions of subsection (F)(1)(c) of this section without the requirement of a finding that a usable satellite signal cannot be acquired when the applicant or adjacent property owner(s) 19 Packet Pg. 28 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 establish that the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this section. For example, adjacent property owners may request alternative or additional screening or the relocation of the antenna on the licensee's property. In the interactive process described in subsection (F)(3) of this section, the hearing examiner shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna, its location and screening that do not impair the rights granted by the FCC to the licensee. 3. The process shall be an interactive one in which the hearing examiner works with the licensee to craft conditions which place the minimum possible burden on adjacent property owners while permitting the owner of the satellite antenna or holder of an amateur radio license to fully exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions. Any restriction shall be consistent with the intent of the city council that a waiver to the antenna owner be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communications Commission license after consideration of aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues have been preempted by federal law and shall not be considered by the hearing examiner. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter preempted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna. 4. The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be the same as that provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license. 20 Packet Pg. 29 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 5. In the event that an applicant for waiver is also obligated to undergo architectural design review, the architectural design board shall defer any issues relating to the antenna and/or other amateur radio equipment to the hearing examiner. The hearing examiner may, at his or her discretion, request the architectural design board review and comment regarding required screening and landscaping and its integration into sight and landscaping plans. No additional fee shall be required of the applicant upon such referral. G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in accordance with the regulations of the Federal Communications Commission including but not limited to PRE-1. In the event of ambiguity or conflict with any of the apparent provisions of this section, the provisions of federal regulations shall control. [Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005]. 117I.40.020 Nonconforming building and/or structure. A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed afterjanuary 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. B. Continuation. A nonconforming building or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the degree of nonconformity of the building except as expressly provided in subsections (C) through-(J)@ of this section. C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council - approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure 21 Commented [HR12]: Per HB 1337, a city or a cou allow detached accessory dwelling units to be convE from existing structures, including but not limited tc detached garages, even if they violate current code requirements for setbacks or lot coverage Packet Pg. 30 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. D. Maintenance and Alterations. 1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted. 2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a Type II staff decision if: a. The installation exceeds the existing roof height by not more than 36 inches. b. The installation is designed and located in such away as to provide reasonable solar access while limiting visual impacts on surrounding properties. 3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk standards, and which do not expand any nonconforming aspect of the building, shall be permitted. 4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30 inches nor one-half of the distance to the property line, whichever is less. "Minor architectural improvements" are defined as and limited to bay windows, eaves, chimneys and architectural detail such as cornices, medallions and decorative trim. Such improvements shall be required to obtain architectural design review. Nothing herein shall be interpreted to exempt such improvements in compliance with the State Building and Fire Codes. 5. Alterations required by law or the order of a public agency in order to meet health and safety regulations shall be permitted. E. Relocation. Should a nonconforming building or structure be moved horizontally for any reason for any distance, it shall thereafter come into conformance with the setback and lot 22 Packet Pg. 31 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 coverage requirements for the zone in which it is located. Provided, however, that a building or structure may be moved on the same site without full compliance if the movement reduces the degree of nonconformity of the building or structure. Movement alone of a nonconforming building or structure to lessen an aspect of its nonconformity shall not require the owner thereof to bring the building or structure into compliance with other bulk or site development standards of the city applicable to the building or structure. F. Restoration. 1. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. within 18 months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 2. Residential Buildings. Existing nonconforming buildings in use solely for residential purposes, or structures attendant to such residential use, may be reconstructed without regard to the limitations of subsections IEl and a of this section, if, but only if, the following conditions are met: a. If a nonconforming multifamily residential building or a mixed use building containing multiple residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction, the building may be restored to the same density, height, setbacks or coverage as existing before the destruction or damage occurred if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 23 Packet Pg. 32 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 b. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. c. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. d. A nonconforming residential single-family building maybe rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. Substantial compliance shall be determined by the city as a Type II staff decision. The decision of the hearing examiner shall be final and appealable only as provided in ECDC 20.06.150. 3. The right of restoration shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or owner's agents; or c. The building was demolished for the purpose of redevelopment. G. Accessory Dwelling Units. A preexisting nonconforming detached accessory building may be converted into an accessory dwelling unit provided it meets the standards in ECDC 16.20.050(F) and G . -Minor exterior modifications required for conversion into conditioned space or other minor exterior modifications required by the International Residential Code adopted by ECDC Title 19 may be permitted. 'Minor exterior modifications' include, but are not limited to, egress windows, exhaust vents, and other minor modifications that are required for health and safety as determined by the Building Official. G- H. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date 24 Packet Pg. 33 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. k-l. BD5 Zone. The BIDS zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BIDS zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030(B). 1—LThe antenna and related equipment of a nonconforming wireless communication facility may be completely replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord. 4154 § 6 (Att. D), 2019; Ord. 4151 § 2 (Att. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 2008]. 25 Commented [MC13]: Old code that is no longer part of this update. Packet Pg. 34 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 17.50.020 Parking space requirements. [Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.] A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per principal dwelling unit, except: b. Multiple residential according to the following table: Required parking Type of multiple spaces per dwelling dwelling unit unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more 2.0 bedrooms 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds. B. Business. 26 Packet Pg. 35 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores, grocery stores, supermarkets: one space per 300 square feet; 2. Furniture, appliances, and hardware stores: one space per 600 square feet; 3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600 square feet; 4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet; 5. Business and professional offices with on -site customer service: one space per 400 square feet; 6. Offices not providing on -site customer service: one space per 800 square feet; 7. Bowling alley: four spaces per bowling lane; 8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the maximum permitted occupant load; 9. Car repair, commercial garage: one space per 200 square feet; 10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot area; 11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of 4,000 square feet; 12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area; 13. Motels and hotels: one space per room or unit; 14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three employees; 15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two employees on largest shift; 27 Packet Pg. 36 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater; 17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the following criteria: a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing boats, leisure boats), b. The need to accommodate overflow peak parking demand from other uses accessory to the marina, c. The availability and use of public transit; 18. Storage warehouse: one space per employee; 19. Wholesale warehouse: one space per employee; 20. Adult retail store: one space per 300 square feet; 21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum permitted occupant load. C. Community Facilities. 1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100 square feet of assembly area, whichever is greater; 2. Theaters: one space per five seats; 3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per 40 square feet of assembly area, whichever is greater; 4. Elementary schools, junior high schools, boarding schools (elementary through senior high), residential colleges and universities: six spaces per classroom, or one space per daytime employee, whichever is greater; 5. Nonresidential colleges and universities: one space per daytime employee; 6. High schools (senior): one space per daytime employee; 7. Museums, libraries, art galleries: one space per 250 square feet; 28 Packet Pg. 37 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one per five students, whichever is larger; 9. Hospitals: three spaces per bed; 10. Maintenance yard (public or public utility): one space per two employees. D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 3496 § 2, 2004]. 20.01.003 Permit type and decision framework. A. Permit Types. TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III - B TYPE IV TYPE V Zoning Accesser Contingent Essential Site specific complianc dwelling it critical area public rezone e letter review facilities Lot line Formal Shoreline Technological Development Zoning text adjustment interpretatio substantial impracticality agreements amendment; n of the text development waiver for area -wide of the ECDC permit, amateur zoning map bythe where public radio amendments director hearing not antennas required per ECDC 24.80.100 29 Commented [MC14]: ADUs will no longer requirc conditional use permit but rather a building permit to a single family residence. Packet Pg. 38 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 30 Commented [MC15]: Moved to ECDC 16.20 and consistent with FIB 1337 and best practices 00 CD CD CD A N O N Q O R Q O U r c a> 3 0 O d Q Packet Pg. 39 7.A.a DRAFT ADU CODE UPDATE - 1337 v.8 31 Packet Pg. 40 7.A.a DRAFT ADU CODE UPDATE -1337 v.8 32 Packet Pg. 41 7.A.a DRAFT ADU CODE UPDATE -1337 v.8 33 Packet Pg. 42 7.A.a DRAFT ADU CODE UPDATE — 1337 v.8 20.35.020 *pplicability.� A. Planned residential developments (PRDs) may be located in any residential zone of the city Uses permitted in the PRD shall be governed by the use regulations of the underlying zoning classification. 1. PRDs in single-family zones shall be comprised of detached dwelling units on individual lots, and any appurtenant common open space, recreational facilities or other areas or facilities. a. The PRD process is not available to single-family lots that are incapable of further subdivision. b. The PRD process shall not be used to reduce any bulk or performance standard not specifically referenced herein. Bulk standards not referenced may be varied only in accordance with Chapter 20.85 ECDC, Variances, or through the modification provision provided through the subdivision process as outlined in Chapter 20.75 ECDC. B. Property included in a PRD application must be under the ownership of the applicant, or the applicant must be authorized pursuant to a durable power of attorney or other binding contractual authorization in a form which may be recorded in the land records of Snohomish County to process the application on behalf of all other owners. 34 Commented [MCI 6]: The PRD code currently prc ADUs. That restriction is proposed to be eliminated PRD is just another type of single family residential subdivision. As long as the PRD lot can meet the AD requirements proposed in ECDC 16.20.050, it could ADU. Packet Pg. 43 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 C. Accessory dwelling units and " Home use occupations restricted by ECDC 20.20.010(B) 01 5(D) shall not be permitted within a PRD. [ord. 3455 § 1, 20031. 21.05.015 Accessory dwelling unit,, attached An att child accessory dwelling unit is a sstructure attached- to or constructed ,.,,thin a ngle- famii dWelIiRg (ADU) is a subordinate dwelling unit added to, created within, or detached from a principal dwelling unit, providing independent living facilities that include permanent provisions for living sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. ^high has; ii"in^ f,^iitios; for nno inai.,ia,,,i nr ngle tarn'" herne [Ord. 3294 § 2, 2000]. 21.30.010 Family. A. Family means individuals related or unrelated by genetics, adoption, or marriage living in a dwelling unit. B. The term "family" shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to Chapter 70.128 RCW; 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection u of this section; 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW 74.15.020(1)(c), group homes licensed forjuvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. 35 Packet Pg. 44 7.A.a DRAFT ADU CODE UPDATE —1337 v.8 D. E—Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. [Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998]. 21.35.013 Gross Floor Area. An interior habitable area of an accessory dwelling unit, including basements and attics but not including unconditioned space, such as a garage or non -habitable accessory structures. 21.80.075 Principal dwelling unit Primary housing unit located on the same lot as an accessory dwelling unit. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a detached building configured as described herein and occupied or intended to be occupied by one family, limited to one per lot. A single-family dwelling shall be limited to one mailbox, electric meter, gas meter, and water meter. It will also have common access to and common use of all living, kitchen, and eating areas within the dwelling unit. .n additienal ^ ailbAx can he added to the 'At 12. MMWMMI- M"INryMsMLbT .1.�yI:11i1.Y13!J� 1 36 Commented [RH17]: Consistent with RCW 36.70, Commented [RH18]: Consistent with RCW 36.70, 00 0 0 0 A N O N Q O R M Q O O U w. M c d 3 G Packet Pg. 45 7.A.b Haas, Rose From: notification@civiclive.com Sent: Tuesday, April 16, 2024 11:55 AM To: Haas, Rose Subject: Comments 2024-04-16 11:54 AM(MST) Submission Notification Comments 2024-04-1611:54 AM(MST) was submitted by Guest on 4/16/2024 2:54:41 PM (GMT-07:00) US/Arizona Name Value after watching your meeting about ADU's on May 7th ,the draft on paper looks good but the back and forth bickering of of some counsel members on subjects that they are not experts at is disturbing I hope that they won't be textarea-1700597715163-0 making the decisions! I think off street parking is a must in a town like this with ferry boats, trains, bike lanes its already so congested with people Leaving there cars .please watch the meeting again and reflect on what I'm saying To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectld=20221277&contextld=l 9931715&returnto=submissio ns Packet Pg. 46 7.A.b Haas, Rose From: notification@civiclive.com Sent: Tuesday, April 16, 2024 12:40 PM To: Haas, Rose Subject: Comments 2024-04-16 12:40 PM(MST) Submission Notification Comments 2024-04-1612:40 PM(MST) was submitted by Guest on 4/16/2024 3:40:05 PM (GMT-07:00) US/Arizona Name Value As a long time resident of Edmonds I would like to see ADU's added. Affordable rents are really hard to find in our area. This would allow current homeonwners to do many things: * The ability to downsixe and move into a ADU and rent out the existing home. * Provide extra income for seniors. textarea-1 700597715163-0 * Increase more affordable housing for young people and low income wage earners. *Still maintain Edmonds charm without needing to build taller buildings to house people. *Maximize property values. *Provide space for older parents or relatives to have affordable housing and allow us to be close enough to provide care, while still maintaining some privacy in our own homes. Thank you! Alan Thiemens 272 4TH AVE N Edmonds, WA 98020 To view this form submission online, please follow the link below: https://edmondswa.gov/form/one.aspx?objectld=20221411 &contextld=19931715&returnto=submissio ns Packet Pg. 47 7.A.c MEMORANDUM To: Edmonds City Councilmembers & Mayor Rosen From: Edmonds Planning Board Date: DRAFT for discussion at 4/24/24 meeting CC: Edmonds Planning Board, and Planning and Development Staff Re: ADU/DADU Code — Planning Board Recommendation Mayor Rosen and Councilmembers, The Edmonds Planning Board is pleased to present this memorandum summarizing our recommendation for the Attached Dwelling (ADU) and Detached Accessory Dwelling Unit (DADU) Code Additions. Edmonds residents have expressed great interest in expanding our existing code to include DADUs; in addition, HB 1337 will take effect in 2025 and requires cities to allow for ADU/DADU construction. Our recommendation is to adopt code that aligns with HB 1337 ahead of the required timeline, to provide clear and objective guidance for those wishing to build an ADU/DADU. The elements of HB 1337 that must be incorporated into Edmonds development code before July 2025: ➢ Allow two ADUs per lot (any configuration of ADU and DADU). ➢ No owner -occupancy requirements. ➢ Allow separate sale of ADUs. ➢ No parking can be required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). ➢ Maximum size limitation no less than 1,OOOsf. ➢ Allow DADUs to be sited at a rear lot line, if the lot line abuts a public alley. ➢ No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. ➢ Allow ADUs of at least 24-feet in height. ➢ Allow impact fees of no more than 50% of the fees imposed on the principal unit. Meetings & Discussion: The City of Edmonds held an online open house to address questions from citizens about Accessory Dwelling Units November 30, 2023. In 2023, Edmonds held meetings to gain citizen input for the Comprehensive Plan development process. The Planning Board met and discussed the ADU/DADU code update 6 times between December 2023 and April 2024 including holding one Public Hearing on February 28, 2024. Staff has taken notes from our discussions and incorporated them into the draft code for each meeting. The meeting dates if you wish to review the minutes were: Packet Pg. 48 7.A.c Planning Board Introduction — December 13, 2023 Planning Board Discussion 1 —January 10, 2024 Planning Board Discussion 2 —January 24, 2024 Planning Board Public Hearing— February 28, 2024 Planning Board Discussion 3—April 10, 2024 Planning Board Discussion & Recommendation —April 24, 2024 Citizen Input: For ADU's & DADU's, there was consistent preference for shorter rather than taller buildings — a preference for single story rather than 24' buildings. There was mixed input about how to comply with HB1337. Residents who attended the November 30 open house were enthusiastic about the opportunity to add housing for family who could not afford to live in Edmonds otherwise and the opportunity to benefit financially from home and land. Emails and Public Hearing comments expressed preference for HB1337 never having been passed to begin with and a request that compliance with HB1337 be as minimal as legally possible. There was mixed input on the question of requiring additional off-street parking rather than allowing residents to choose for themselves how much parking to install. There were requests for requiring additional off-street parking spaces beyond the two spaces already required for single-family parcels, Based on a concern that allowing additional housing without additional off-street parking will lead to increased on -street parking. There were requests to not require additional off-street parking, based on a concern about the environmental harm of reducing surface -level rainwater infiltration, and concern with government overreach in requiring households put in parking even when they have no vehicles to park. Concerns about the looming produced by two-story ADUs/DADUs with small setbacks. Recommendation: Our recommendation addresses specific areas in which Edmonds can add, modify, and/or clarify elements of the ADU/DADU code that are complimentary to those in HB 1337, while promoting development consistent with the Edmonds Vision Statement and Comprehensive Plan. 1. Size Limitations and Setbacks — HB 1337 sets the maximum size limitation at no less than 1,OOOsf. The Planning Board agrees this is appropriate for the R-6 and R-8 zoned parcels, but recommends increasing the maximum size to 1200 SF for R-10, R-12, R-20 zoned parcels. We recommend maintaining the same setbacks for DADUs as are required for Single Family, except for reducing the setbacks for DADUs with a building height of 15' or less. Recommended Table of ADU Development Standards: Maximum ADU Minimum Maximum DADU Sub District Gross Floor DADU Rear Height Area (Sq. Ft.) Setbackl,Z Packet Pg. 49 7.A.c RS-20 1200' 2513 24' RS-12 1200' 2513 24' RS-10 1200' 2013 24' RS-8 1000' 1514 24' RS-6 1000' 1514 24' ' No rear setbacks are required for detached accessory dwelling units from the rear lot line if that lot line abuts a public alley, regardless of detached accessory dwelling unit size. 2 Standard Street and side setbacks per ECDC 16.20.030 apply. 'The normally required rear setback may be reduced to a minimum of fifteen feet for a detached accessory dwelling units 15' in height or less. 'The normally required rear setback may be reduced to a minimum of five feet for a detached accessory dwelling units 15' in height or less. 2. Parking— On lots with more than one (1) accessory dwelling unit, there shall be one (1) off- street parking space provided unless: a. On -street parking is available within 600 feet of the subject property; or b. The property is located within one- half -mile of a major transit stop, as defined in RCW 36.70A.696(8) 3. Impact Fees —Impact fees are necessary for Edmonds to accommodate the growth anticipated with HB 1337. The Planning Board recommends requiring street and park impact fees at 50% of the amounts imposed on single family development. The 50% level is a small percent of the cost of constructing an ADU or DADU. The Planning Board does not feel that the 50% level will discourage ADU/DADU development. 4. Utilities —We understand that the Engineering department is working with Olympic View Water to update regulations. Generally Engineering recommends • New and extended utilities must be undergrounded. • All units must have unrestricted access to utility control systems. • Only allowing one water service and meter per parcel. • Only allowing one sewer lateral per parcel. • Upsizing or replacement of existing service lines/laterals may be required We agree with Engineering's recommendation, understanding that additional connections to mainlines increase the cost of maintenance and replacement of City -owned utilities. If secondary meters are desired for ADUs, they would be a separate agreement between the homeowner(s) and/ortenants and would not be recorded bythe City. Power utilities may require a separate meter and would be coordinated directly. Packet Pg. 50 7.A.c Council Decisions • ADU/ADU height & setback • Maximum ADU/DADU size • Additional Off-street parking • Impactfees • Utility metering The following summary includes some reasonable options that the Planning Board considered. Other options are possible. These options are provided to make it easier to understand what issues need decisions. ADU/DADU Height & Setbacks Options Pros & Cons Option A Pros: Ensures a minimum of 30' between all 24' height for every ADU/DADU and ADU/DADU. buildings in single-family residential Setbacks match main -house setbacks (except on neighborhoods. a back lot line on an alleyway) Cons: Increases the number of 2-story ADUs/DADUs Option B Pros: Incentivizes one-story buildings 24' allowed. 10' removed from setback requirements if ADU/DADU height limited to 15'. Cons: Provides a possibility of a 20' gap between a home and a neighbor's 1-story neighbor DADU in RS-6 & R-8 neighborhoods Planning Board recommendation: Option B Level of Compliance Options Pros & Cons Option A Pros: Reduces noticeable changes to Edmonds Minimum compliance with HB1337: maximum size due to HB1337. set at 1,000 for all ADUs and DADUs Increases low-income housing by increasing the stock of smaller homes. Cons: Reduces residents' freedom to build the ADU's & DADU's that best match their needs. Option B Pros: Increases residents' freedom to build the Allow 1,200 square feet in RS-10 to RS-20 zones. ADU's/DADU's that will work best for them, Packet Pg. 51 7.A.c without the crowding that such buildings would add in smaller lots. Cons: Some residents will object to seeing ADUs/DADUs that are 20% larger. Planning Board recommendation: Option B Additional Off -Street Parking Options Pros & Cons Option A Pros: Reduces additional on -street parking due to Require an additional off-street parking space for ADUs/DADUs. each new ADU or DADU for homes more than a half mile from any major transit center. Cons: Increased stormwater Increased resident costs. Reduced lawn and garden space, even when no vehicle is owned to park in the space. Option B Pros and Cons of Option A, but weaker impacts of Leave required off-street parking spaces at 2 for a the requirement. first ADU/DADU; require a third off-street parking space only if a second ADU/DADU is added more than a half mile from any major transit center. Option C Pros: Increased surface -level stormwater Allow residents to choose for themselves whether infiltration to add off-street parking when they add an Reduced resident costs ADU/DADU. Increased lawn and garden space Cons: Increased on -street parking Planning Board recommendation: Option B Impact fees Options Pros & Cons Option A Pros: Better funding for City services Maximum allowable impact fees: 50% of main house fees Cons: Small disincentive that puts additional costs on residents and may discourage ADU/DADU development Packet Pg. 52 7.A.c Option B Pros: Small incentive to encourage ADU/DADU Reduced fees development Cons: Reduced funding for City services Planning Board recommendation: Option A Water & sewer metering and connections Options Pros & Cons Option A Pros: Reduced cost for meter and line Require a single water meter per parcel - main maintenance house and ADU/DADU's share a single meter. Allow only one sewer connection from each parcel Cons: ADU/DADU residents will have to to sewer mains. coordinate with main house residents Development permitting may require replacing existing service lines or laterals. Option B Pros: Additional costs Allow multiple water meters per parcel and multiple sewer laterals or lines Cons: Greater indepdence of ADU/DADU residents Planning Board recommendation: Option A End of Memo Packet Pg. 53 7.B Planning Board Agenda Item Meeting Date: 04/24/2024 Green Building Incentives Program Staff Lead: Leif Bjorback Department: Planning & Development Prepared By: Tristan Sewell Background/History Edmonds' 2023 Climate Action Plan includes a green building incentive program as a necessary action to achieve the City's goal of climate neutrality by 2050. The Planning & Development Department has researched and drafted green building incentives that could be offered in the zoning code and through expedited building permit review processes. The Planning Board received an introduction to this topic on January 10th, 2023, followed by an update on the draft green building incentives program on February 281", 2024 (minutes as Attachment 8). Staff has refined the zoning code amendments and has researched effective means to enforce the program. The draft codes are included as Attachments 1- 6 as redline/strikeouts of the specific zoning chapters where incentives are proposed. A public hearing on this topic is scheduled for May 22. Staff Recommendation Staff will provide a presentation on the proposed code changes and requests Planning Board feedback. A working version of the presentation is included as Attachment 9. Narrative Staff researched best practices, outcomes, and plans for revisions of the leading Puget Sound green building programs prior to developing the proposed incentives. The current code includes some green building land use incentives, such as increased building height. The attached proposal works to integrate these lessons into existing code in a manner that would be easily understood by applicants and staff alike. The proposal relies on industry standards and existing precedent in Edmonds' code to offer attractive incentives capable of motivating the desired environmental outcomes. The concept of incentives have also been incorporated into the 2024 Comprehensive Plan update to enable an extra floor for buildings within our growth areas. Staff anticipates that the green building incentive program could be adapted after the Comp Plan adoption to require a higher level of LEED certification (platinum) for mixed -use developments in neighborhood centers or hubs that want to pursue an additive floor. Staff would not advise waiting until the Comp Plan is complete to adopt a green building incentive program. There will be new residential construction opportunities with the DADU code update that staff would like to incentivize to use the Built Green program. This addresses Packet Pg. 54 7.B the concern of the Climate Action Plan as residential buildings are responsible for 35% of our GHG local emissions. Potential benefits of incentivizing green building via permitting and land use include: More resilient building stock - both commercial and residential Reduction of the largest GHG emission source of Edmonds' local climate pollution Reduced land allocation to parking; costs can be shifted to green development Fostering shifts in the development market and ensuring that Edmonds is taking advantage of new advanced building practices similar to peer cities Potential negative impacts from green building incentives include: Increased demands on permitting staff from prioritized reviews could delay other development review permits Increased training needs for staff on green building practices Inequitable distribution of program's benefits Inability to enforce maintenance of required building performance Attachments: Attachment 1 - Section 16.20.060 ECDC - RS Zone Attachment 2 - Section 16.30.060 ECDC - RM Zone Attachment 3 - Section 16.43.050 ECDC - BD Zone Attachment 4 - Section 16.45.040 ECDC - BN Zone Attachment 5 - Section 16.50.040 ECDC - BC Zone Attachment 6 - Section 16.53.030 ECDC - BP Zone Attachment 7 - Draft Incentives Summary Table 4.18.24 Attachment 8 - Excerpt PB minutes 2.28.24 Attachment 9 - Slides 4.24.24 Packet Pg. 55 7.B.a Chapter 16.20 ECDC, RS - Single -Family Residential Pagel of 2 Chapter 16.20 RS - SINGLE-FAMILY RESIDENTIAL Sections: 16.20.000 Purposes. 16.20.010 Uses. 16.20.020 Subdistricts. 16.20.030 Table of site development standards. 16.20.040 Site development exceptions. 16.20.045 Site development standards - Single-family master plan. 16.20.050 Site development standards - Accessory buildings. 16.20.060 Green building incentives. 16.20.060 Green building incentives. A. General. New principal residences, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving Built Green 4-Star certification or better. B. Development Type. Only housing proposals receive the below land use incentives. Other uses permitted in this zone, whether primary or secondary uses, or outright or conditionally permitted, are ineligible for the following incentives. C. Height. Residences certified Built Green 4-Star or better may extend five feet above the stated height limit of ECDC 16.20.030 if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. D. Setbacks. Residences certified Built Green 5-Star or better may use the setbacks of one RS zone district smaller (i.e. RS-12 site may use RS-10 setbacks - see ECDC 16.20.030). Properties zoned RS-6 receive no further setback reduction. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 56 7.B.a Chapter 16.20 ECDC, RS - Single -Family Residential Page 2 of 2 E. Parking. New residential development certified Built Green 4-Star or better requires only one parking space per dwelling unit rather than the standard requirement of ECDC 17.50.020(A)(1)(a). This reduced requirement does not apply to additions/remodels. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. F. Detached Accessory Dwelling Units. Detached accessory dwelling units certified Built Green 4- Star or better in the IRS-6 and RS-8 zones may have an additional 5% of structural lot coverage to a maximum of 40% for the lot. G. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 57 7.B.b Chapter 16.30 ECDC, RM - Multiple Residential Page 1 of 2 Chapter 16.30 RM - MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.050 Green building incentives. 16.30.050 Green building incentives. A. General. New multifamily residential buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving LEED Gold certification or better. B. Incentive Options. Multifamily residential development certified LEED Gold or better may choose to use one of the following incentives. Multifamily residential development certified LEED Platinum or better may use both of the following incentives. 1. Height. Structures are allowed an additional five feet above the stated height limit of ECDC 16.30.030(A). This is in addition to pitched roof height bonus of ECDC 16.30.030(A)(1). 2. Density. The dwelling unit density may increase one zoning district (i.e., a property zoned RM-2.4 may apply the lot area per unit requirement of the RM-1.5 zone - see ECDC 16.30.030(A)). Properties zoned RM-1.5 or RM-EW receive no additional density C. Parking. Multifamily residential development certified LEED Gold or better must provide a minimum of one off-street parking space per dwelling unit rather than the requirements of ECDC 17.50.020(A)(1)(b). The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 58 7.B.b Chapter 16.30 ECDC, RM - Multiple Residential Page 2 of 2 D. Enforcement. Development granted green building incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 59 7.B.c Chapter 16.43 ECDC, BD - Downtown Business Pagel of 2 Chapter 16.43 BD - DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards - BD zones. 16.43.040 Operating restrictions. 16.43.050 Green building incentives. 16.43.050 Green building incentives. A. General. New buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving LEED Gold certification or better. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BD zone. Remodel projects for existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better in the BD1 - 4 zones is allowed an additional five feet above the stated height limit in ECDC 16.43.030.A. Properties zoned BD5 receive no additional benefit. D. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 60 7.B.c Chapter 16.43 ECDC, BD - Downtown Business Page 2 of 2 Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 61 7.B.d Chapter 16.45 ECDC, BN - Neighborhood Business Chapter 16.45 BN - NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.040 Green building incentives. Pagel of 2 16.45.040 Site development exceptions - green building incentives. A. General. New buildings, as well as additions/remodels �o those existing buildings, can earn relaxed site development standards by receiving LEED Gold certification or better. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BN zone. Remodeled existing single-family residences can earn the incentives for the IRS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better is allowed an additional five feet above the stated height limit of ECDC 16.45.020.A where all portions of the roof above 25 feet are sloped at least four in twelve. D. Parking. Development certified LEED Gold or better (must provide at least one parking space per 500 square feet of leasable floor area. IE. Enforcement Development granted these incentives but then (fail) to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Commented [CM7]: Does LEED look at new cons and remodels the same for commercial? Commented [CM2]: I'd pick something easier to administer. 1 stall per 500 sf of leasable floor area commercial and 1 stall per dwelling unit if residenti� included Commented [CM3]: Sub E and F? Packet Pg. 62 7.B.d Chapter 16.45 ECDC, BN - Neighborhood Business Page 2 of 2 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 63 7.B.e Chapter 16.50 ECDC, BC - Community Business Page 1 of 2 Chapter 16.50 BC - COMMUNITY BUSINESS Sections: 16.50.000 BC and BC - Edmonds Way. 16.50.005 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.040 Green building incentives. 16.50.040 Green building incentives. A. General. New buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving LEED Gold certification or better. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BC zone. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better is allowed an additional five feet above the stated height limit of ECDC 16.50.020(A) in addition to the standard pitched roof height bonus of ECDC 16.50.020(A)(2). D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of leasable commercial floor area. E. Enforcement. Development granted these incentives but then unable to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 64 7.B.e Chapter 16.50 ECDC, BC - Community Business Page 2 of 2 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 65 7.B.f Chapter 16.53 ECDC, BP - Planned Business Page 1 of 2 Chapter 16.53 BP - PLANNED BUSINESS Sections: 16.53.000 Purpose. 16.53.010 Uses. 16.53.020 Site development standards. 16.53.030 Green building incentives. 16.53.030 Site development exceptions - green building incentives. A. General. New buildings, as well as additions/remodels to those existing buildings, can earn relaxed site development standards by receiving LEED Gold certification or better. B. Eligibility. Development of new single-family residences cannot receive these green building incentives in the BP zone. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). C. Height. Development certified LEED Gold or better receive an additional five feet to the height maximum, in addition to the standard pitched roof height bonus of ECDC 16.53.020(A)(2). D. Parking. Development certified LEED Gold or better may use the lesser requirement of Chapter 17.50.020(B) or a parking study. Electric vehicle parking standards of Chapter 17.115 remain calculated off standard parking requirements. G. Enforcement. Development granted these incentives but then fails to achieve the requirements are subject to the enforcement measures of ECDC 17.XX. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 66 7.B.f Chapter 16.53 ECDC, BP - Planned Business Page 2 of 2 The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Disclaimer: The city clerk's office has the official version of the Edmonds Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds Community Development Code is current through Ordinance 4314, passed August 2, 2023. Packet Pg. 67 Edmonds Green Building Incentives Single -Family Residential Multifamily Residential, Commercial, and Mixed Use Development Type New Construction' Remodel Multifamily Residential Business (B) Zones (RM) Zones Certification Built Green 4-Star Built Green Remodel LEED Gold' Minimum Built Green 5-Star projects may use Setbacks setbacks one zone smaller (i.e., RS- N/A N/A 10 to RS-8. RS-6 as -is). Choose one* of the +5' plus the 5' pitched roof following: bonuses below +5' plus pitched roof 3-in-12 bonus of ECDC ECDC 16.50.020(A)(2) BC +5' where all portions above 25' are +5' where all portions 16.30.030(A)(1) 4-in-12 Height sloped at least 4-in-12 above 25' that are • Maximum unit density ECDC 16.53.020(A)(2) BN3, BP sloped at least 4-in-12 increased one tier (i.e., RM-3 to RM-2.4) 6-in-12 BDS ECDC 16.43.030(C)(2)(a) No roof pitch bonus BD 1-4 *LEED Platinum projects may use both incentives. Parking 1 per dwelling unit N/A 1 per dwelling unit 1 per 500 sq. ft. leasable commercial floor area Expedited Review See Review Times Table ' Incentives unavailable to new single-family residences in RM, OR, Business, or Commercial zones. Incentives are available to single-family remodels, duplexes, and ADUs in these zones. 'Appropriate LEED rating system depends on project 3 Previously lacked the 5' pitched roof bonus Last revised April 18, 2024 Packet Pg. 68 IT N W 7.B.h MOTION TO CLOSE THE PUBLIC HEARING MADE BY BOARD MEMBER GLADSTONE, SECONDED BY VICE CHAIR GOLEMBIEWSKI. MOTION PASSED UNANIMOUSLY. NEW BUSINESS A. Green Building Incentives Program Planner Tristan Sewall and Building Official Leif Bjorback made the presentation regarding potential incentives including: • Additional building height • Reduced property line setbacks • Increased lot coverage • Density • Reduced off-street parking • Expedited plan review Board members had questions about how the expedited plan review would work. There was a recommendation to hire temporary staff if needed to not slow down the rest of the applications. A board member asked about the cost to the applicant to be able to qualify for the incentives. Staff explained that the only cost is the commitment to build green. They reviewed Built Green and LEED building standards. Staff reviewed draft land use incentives with examples for Single -Family Residential with Built Green 4-Star or Better and Built Green 5-Star or better and Multifamily Residential LEED Gold (baseline) and LEED Platinum (further incentives). There was a question about the value of the 5-foot height incentive. Staff also reviewed the Business Zones incentives with LEED Gold. Commercial, Mixed Use, and Master Planned zones are excluded because incentives already exist in those zones. Required EV parking will be calculated off the standard parking requirement. Staff reviewed draft RS code and additional questions for consideration. Hard questions to consider: • How might these incentives impact housing affordability? May it contribute to housing displacement? • Who would benefit most from these incentives? Who might face unintended negative outcomes? Who is left out? • Do the land use incentives reflect the communities best interest? Are they meaningful to development professionals and homeowners? • Can staff successfully implement accelerated review? Can we handle the incentivized applications with current staffing? Staff also responded to previous Planning Board questions related to Edmonds' building emissions and estimating emissions reduction potential. They reviewed the timeline and next steps. There was a question about how this would apply to a remodel. Would the entire home be subject to this improvement or just the portion that is remodeled? Staff provided a link to the Built Green Remodel program and checklist which might answer those questions. A board member asked about incentivizing green building techniques for remodels for homeowners who are not used to the cumbersome process. Staff explained it is often the design professional or contractor who would be selling this. A board member suggested a city rebate Planning Board Meeting Minutes February 28, 2024 Page 5 of 7 Packet Pg. 69 7.B.h program for smaller projects. There was some discussion about ways other cities do this and potentials for Edmonds. PLANNING BOARD EXTENDED AGENDA Chair Mitchell asked the Board for feedback on requesting a Planning Board public hearing on the draft growth alternatives that were presented to the Planning Board before the April 13 EIS. Board members discussed the value of public comment and debated the best time and way to get more public comments regarding the draft alternatives. There were concerns about how the timing of a public hearing could impact the draft EIS. A board member asked if there is any flexibility with the draft EIS date. Mr. Clugston did not think there was. There was interest in having a special meeting to have a public hearing on March 20 to help the Board's recommendation process. The Board generally discussed what a recommendation to Council might look like. MOTION MADE BY BOARD MEMBER GLADSTONE TO HOLD A SPECIAL MEETING ON MARCH 20 TO CONDUCT A PUBLIC HEARING ON THE PROPOSED ALTERNATIVES FOR THE COMPREHENSIVE PLAN. THE MOTION WAS SECONDED BY CHAIR MITCHELL. Vice Chair Golembiewski moved to amend the motion to say that the Board would like to schedule a public hearing prior to making a recommendation to Council on April 10 and that they would confirm the date at the March 6 meeting. Planning Manager Clugston reviewed public hearing notice requirements and timeline. Vice Chair Golembiewski withdrew her amendment. MOTION PASSED UNANIMOUSLY. Mr. Clugston continued to review the rest of the extended agenda. The bulk of the next four or five meetings will be Comprehensive Plan topics. The March 6 Retreat will be a high-level review of alternatives. ADUs will come back for discussion on March 13 along with the joint meeting with the EDC (Economic Development Commission). There was consensus to hold the public hearing at 6:30 p.m. on the 20t'. There was a comment about the order of the Comprehensive Plan work. Since they are looking at the alternatives first and then the policies in May, it seems like they could end up with a lot of discussion between May and July. After some discussion the group seemed to have a preference of having summer break on August 14. There was a question about the week of spring break (the first week of April) but the group will be off that week anyway. Mr. Clugston gave an update on board member position openings and recruitment efforts. Clarification questions followed. PLANNING BOARD CHAIR COMMENTS None PLANNING BOARD MEMBER COMMENTS Board Member Maxwell expressed appreciation to everyone for the meeting and the great input tonight. Planning Board Meeting Minutes February 28, 2024 Page 6 of 7 Packet Pg. 70 Edmonds' Green Building Incentives Program Leif Bjorback, Building Official Tristan Sewell, Planner Planning and Development Dept. City of Edmonds Planning Board April 24, 2024 Packet Pg. 71 7.B.i Today's Discussion • Brief Recap • Construction Standards • Potential Incentives • Other Notes • Hard Questions I?), 1. " 0 " Packet Pg. 72 7.B.i Brief Recap • Encouraging development with reduced environmental impacts via optional permitting and land use incentives. • The proposed incentives expand upon examples already in our code. • Buildings emit most of Edmonds' local climate pollution. Residences emit over a third. • Need to consider the 2024 Comprehensive Plan update, 2021 State building and energy codes, 2023 State housing bills, etc. E Packet Pg. 73 7.B.i Construction Standards Established Certifications • Single -Family Residential: Built Green 4-Star or Remodel • Commercial, Multifamily, and Mixed Use: LEED Gold I ?), 1. " 0 " • Flexible, point -based systems — not prescriptive • Periodically updated in response to the market and regulation • Widely used and recognized in our region • Third -party verified Packet Pg. 74 7.B.i Potential Incentives • Additional building height —can be necessary for efficiency • Reduced property line setbacks — onsite location flexibility • Increased lot coverage —more developable lot area • Density —increased number of dwelling units, floor area ratio • Reduced off-street parking —specific needs vs. one -size -fits -most • Expedited plan review —targeting 50% reduction in review time I?), 1. " 0 " Packet Pg. 75 7.B.i Draft Permit Review Incentives M L Q L a N d DRAFT - EDMONDS TARGET TIMES FOR PERMIT PROCESSING (WEEKS) C Actual Review times may vary Tota I Ta rget Permit Type Review Type 1st Review 2nd Review 3rd Review Review Time m Regular 6 3 2 11 c? New Single Family Expedited 3 2 1 6 N Single Family Regular 3 to 5 2 to 3 1 to 2 6 to 10 qe CN Addition or Remodel Expedited 2 to 3 1 to 2 1 4 to 6 Commercial/ MF Regular 8 5 3 16 Cn New Expedited 4 3 2 9 Commercial/MF Regular 4 3 2 9 Additions Expedited 2 2 1 5 a Commercial Regular 4 2 1 7 Remodel (Tenant E Improvement) Expedited 2 1 1 4 Expedited review for single family not available in RM or B zones Review times may vary depending on staff work volumes and complexity of project. Packet Pg. 76 7.B.i Edmonds Green Building Incentives Single -Family Residential Multifamily Residential, Commercial, and Mixed Use Development Multifamily Residential Type New Construction Remodel Business (B) Zones (RM) Zones Certification Built Green 4-Star Built Green Remodel LEED Gold' Minimum Built Green 5-Star projects may use Setbacks setbacks one zone smaller (i.e., RS- N/A N/A 10 to RS-8. RS-6 as -is). Choose one* of the +5' plus the 5' pitched roof following: bonuses below +5' plus pitched roof 3-in-12 bonus of ECDC ECDC 16.50.020(A)(2) BC +5' where all portions above 25' are +5' where all portions 16.30.030(A)(1) 4-in-12 Height sloped at least 4-in-12 above 25' that are . Maximum unit density ECDC 16.53.020(A)(2) BN', BP sloped at least 4-in-12 increased one tier (i.e., RM-3 to RM-2.4) 63.030 BD5 ECDC 16.43.030(C)(2)(a) No pitched roof bonus BD1-4 *LEED Platinum projects may use both incentives. 1 per dwelling unit Parking 1 per dwelling unit N/A 1 per 500 sq. $. leasable commercial floor area Expedited See Review Times Table Review 1 Incentives unavailable to new single-family residences in RlVi, OR, Business, or Commercial zones. Incentives are available to single-family remodels, duplexes, and ADUs in these zones. ' Appropriate LEED rating system depends on project 7 Previously lacked the 5' pitched roof bonus Last revised April 19, 2024 Packet Pg. 77 E Q 7.B.i Single -Family Residential — Built Green 4-Star Includes remodels, duplexes, and ADUs Excludes new SFRs in Business, Commercial, and Mixed -Use zones —remodels OK Built Green 4-Star or better Parking One per dwelling unit 5' 25' Height Std. Height Max. Images to scale Built Green 5-Star or better 115' it r � I 70' v I cn I L _j Normal (black) vs. incentivized (green) setbacks on a standardized RS-8 lot, the most prevalent zone. RS-6 ineligible for reduction. E �q�0 Packet Pg. 78 7.B.i Multifamily Residential - LEED BD+C Gold —Pick One Platinum —Both Existing Pitched Roof Allowance 5, Std. Heighl Max. 251 4-in-12 Height 5'4 3 Density As one subdistrict smaller: • RM-3 to RM-2.4, etc. • RM-1.5 and RM-EW ineligible. Fractions round down Always Applicable: Parking as one unit size smaller (2 bd to 1 bd, etc. Studios ineligible) Images to scale Fractions >_ 0.5 round up E Packet Pg. 79 7.B.i Business Zones — LEED Gold BD+C Parking: The lesser of either code requirement or a parking study Height i-in-iz 5' Std. Height Max. 25' Images to scale 5'--f go 2 in _1 2 5`1 5' 30' 6-in-12 Packet Pg. 80 7.B.i Enforcement M L Q L a N d • Performance bond for 5% of the permitted work valuation required prior to permit issuance • Proof of certification due within two years of issuance of final m certificate of occupancy (LEED certification can be lengthy) • Failure to certify to the intended level surrenders the bond • Bond funds deposited into a dedicated fund for a related issue, like subsidized home weatherization or structural rehabilitation for low- income households, or to fund the program's outreach and education Packet Pg. 81 7.B.i Hard Questions E M L Q L a N d • How might these incentives impact housing affordability? May it contribute to displacement? • Who would benefit most from these incentives? Who might face L unintended negative outcomes? Who is left outN ? • Do the land use incentives reflect the community's best interest? Are they meaningful to development professionals and homeowners? • Can staff successfully implement accelerated review? Can we handle the incentivized applications with current staffing? I?), 1. "0- Packet Pg. 82 7.B.i Built Green Resources • Built Green Remodel Checklist, Handbook • Built Green Single -Family and Townhomes Checklist, Handbook I?), 1. " 0 " Packet Pg. 83 Thankyou Questions? Packet Pg. 84 10.A Planning Board Agenda Item Meeting Date: 04/24/2024 Extended Agenda Staff Lead: Michael Clugston Department: Planning Division Prepared By: Michael Clugston Background/History N/A Staff Recommendation Discuss the attached extended agenda. Narrative N/A Attachments: April 24, 2024 Extended Agenda Packet Pg. 85 10.A.a Planning Board Extended Agenda - April 24, 2024 C (O I O C (O I l0 C (O I [V LL I .-I LL I 00 N L l0 iccO G I m .-I iccO G I I� N Q Q I O .--I Q Q I [V i6 00 G I N [V I N -i I l0 [V I o -i I 4 [V �/ Q 1 .-I Z5 Q 1 w [V N 1 rl .-I � N 1 Ln [V y- U O Ol U O I m [V O Z I m .-I O Z I�I [V v 0 I ci -i v 0 I Lf [V Comprehensive Plan High Level Alternatives D/R D/R Joint Discussion w/EDC D/R D/R Final Review Draft Alternatives D/R Policy Discussion/Waterfront Vision D/R Environmental Analysis preliminary findings D/R All Comp Plan Elements, Utility Analysis, Transportation D/R Preferred Plan, FEIS D/R Code Updates Critical Aquifer Recharge D/R Tree Code Update D/R Detached Accessory Dwelling Units (HB 1337 - mid 2025) D/R D/R PH D/R D/R Green Building Incentives I D/R D/R PH Climate Legislative Package I Land use permit timelines (SB 5290 - end 2024) 1 D/R PH Middle Housing (HB 1110 - mid 2025) I Design standards and processes (HB 1293 - mid 2025), including multfamily design standards Long Range Capital Improvement Program/Capital Facilties Plan I PH Tree Canopy Policy I D/R Highway 99 Landmark Site Administrative Election of Officers Planning & Development 2024 Work Plan B Annual Retreat I Planning Board report to City Council D/R B Parks, Recreation & Human Services Report B I I I I I I I I I I I I I I B KEY I- Introduction & Discussion PH- Public Hearing D/R- Discussion/Recommendation B- Briefing/Q&A R- Report with no briefing/presentation Regular meeting cancelled Future Items Neighborhood Center Plans Code Modernization Projects: 1. Unified Development Code (late 2025) Comp Plan Implementation Highway 99 Community Renewal Program Packet Pg. 86