2019-12-11 Planning Board PacketAgenda
Edmonds Planning Board
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
DECEMBER 11, 2019, 7:00 PM
Edmonds Planning Board Agenda
December 11, 2019
Page 1
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. Approval of Planning Board Draft Minutes for November 13, 2019
3. ANNOUNCEMENT OF AGENDA
4. AUDIENCE COMMENTS
5. ADMINISTRATIVE REPORTS
A. Development Services Director Report
6. PUBLIC HEARINGS
A. Public Hearing on Potential Revision to Unit Lot Subdivision Application Procedure
(AMD20190005)
B. Public Hearing on Code Amendment allowing lodging uses in the CW Zone (File No.
AMD20190006)
7. UNFINISHED BUSINESS
8. NEW BUSINESS
9. PLANNING BOARD EXTENDED AGENDA
A. Review Planning Board Extended Agenda
10. PLANNING BOARD CHAIR COMMENTS
11. PLANNING BOARD MEMBER COMMENTS
12. ADJOURNMENT
Planning Board Agenda Item
Meeting Date: 12/11/2019
Approval of Planning Board Draft Minutes for November 13, 2019
Staff Lead: Michelle Martin
Department: Development Services
Prepared By: Michelle Martin
Background/History
N/A
Staff Recommendation
Review and Approve the draft minutes.
Narrative
Draft Minutes are attached.
Attachments:
Draft November 13, 2019 Planning Board Minutes
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Packet Pg. 2
SUBJECT TO DECEMBER 11th APPROVAL
CITY OF EDMONDS PLANNING BOARD
Minutes of Meeting
November 13, 2019
Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 – 5th Avenue North. 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.
BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Todd Cloutier Nathan Monroe Carreen Nordling Rubenkonig Roger Pence Mike Rosen BOARD MEMBERS ABSENT Alicia Crank Conner Bryan, Student Representative (excused)
STAFF PRESENT Patrick Doherty, Economic Development Director Rob Chave, Planning Division Manager Mike Clugston, Senior Planner Jerrie Bevington, Video Recorder Karin Noyes, Recorder
READING/APPROVAL OF MINUTES BOARD MEMBER MONROE MOVED THAT THE MINUTES OF OCTOBER 23, 2019 BE APPROVED AS AMENDED. BOARD MEMBER ROSEN SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA BOARD MEMBER RUBENKONIG MOVED THAT THE AGENDA BE MODIFIED TO ADD A DISCUSSION ABOUT THE EXPECTATIONS AND RESPONSIBILITES OF THE CHAIR AND VICE CHAIR. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. AUDIENCE COMMENTS There was no one in the audience.
DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director’s Report that was provided in the packet. There were no comments or questions from the Board.
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Packet Pg. 3 Attachment: Draft November 13, 2019 Planning Board Minutes (Approval of Planning Board Draft Minutes for November 13, 2019)
DRAFT Planning Board Minutes November 13, 2019 Page 2
POTENTIAL CODE AMENDMENTS ALLOWING LODGING USES IN THE COMMERCIAL WATERFRONT (CW) ZONE (File No. AMD20190006 Mr. Doherty advised that the Economic Development Commission (EDC) is interested in ways to enhance the economic vitality of the City, and one potential option is to encourage greater lodging opportunities in the City center to be adjunct to the attractions (events, activities, restaurants, performance venues, etc.) that already exist. He explained that, over the years, they have tried to entice hotel developers to the downtown and even paid for a hotel demand report a few years ago that quantified the demand for hotels. The report pointed out there are few opportunities to develop hotels in the downtown given the small site size and height limit. While there is potential for small, boutique hotels that are run by independent operators, the name brand hotels usually won’t invest in a market for anything less than 75 rooms, and there are no properties in the main downtown that could accommodate a hotel of that size. Mr. Doherty pointed out that the waterfront is another part of the greater downtown where there are opportunities to adaptively reuse existing office and residential buildings for hotel uses. In fact, he was approached a few years ago by a person who was interested in converting a waterfront office building to a lodging use, but he had to advise him that it was not allowed by code. The building was later purchased by someone else and is currently used as office space. Mr. Doherty said the EDC became excited about the notion of a waterfront hotel, and it was discovered that if a waterfront office building were converted to a hotel use, it would be the only beach front hotel in the Puget Sound area. It could become an attraction for Edmonds and improve the economic vitality of the entire downtown core. He explained that the EDC is requesting that the zoning code be amended to allow lodging as a permitted primary use in the Commercial Waterfront (CW) zone (ECDC 16.55.010). Mr. Chave pointed out that the proposed amendment is consistent with the Shoreline Master Program (SMP), which already allows lodging uses in the Urban Mixed Use shoreline environment. He also pointed out that the City’s code typically addresses hotels and motels together; but in this case, the amendment would apply to properties along the waterfront that are in close proximity to public walkways, parks, etc. Staff believes it would be more appropriate to limit lodging uses in the CW zone to hotels only. Mr. Chave suggested that, in addition to the proposed amendment to add “hotels” as a permitted primary use in the CW zone, it would also be appropriate to do minor updates to the definition of “hotel.” If the Board is willing to move the proposed amendment forward, it could be scheduled for a public hearing in December. Mr. Doherty explained that the overarching concept for the SMP is to have either marine-related or marine-dependent uses on the waterfront. If that is not possible, then there is a hierarchy of uses that can be considered, and hotels are higher on the list than offices. Office uses typically serve the same crowd every day, whereas a hotel would serve different people every day and would likely provide some public space, as well. In many cases, a hotel use would provide more opportunities for public enjoyment of the shoreline than an office use would. Board Member Monroe said he believes the proposed amendment is a great idea. He asked about the boundaries of the CW zone, and Mr. Chave said it includes all of the property along the waterfront except the ferry property, the port property east of the railroad tracks, and the parks. The Port property east of the railroad tracks is zoned General Commercial (CG) and the park and ferry properties are zoned Public (P). He summarized that it is a fairly narrow strip, but there are some significant properties that could be repurposed or redeveloped for lodging uses. Board Member Cloutier provided a zoning map to illustrate the extent of the CW zone, which includes part of the Port property, but not Harbor Square. Board Member Monroe asked about the parking requirement for hotel uses. He suggested this will be important information to provide at the hearing where it will likely be raised as a concern. Mr. Chave answered that the parking requirement is one space per room or unit. Board Member Monroe asked if employee parking is also required, and Mr. Chave answered no. Mr. Doherty observed that the average occupancy for a hotel is between 60% and 70%, and typically, 100% occupancy only occurs during special events. During these times, employees would end up parking on the street.
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Packet Pg. 4 Attachment: Draft November 13, 2019 Planning Board Minutes (Approval of Planning Board Draft Minutes for November 13, 2019)
DRAFT Planning Board Minutes November 13, 2019 Page 3
Board Member Rubenkonig asked how creative an applicant could be in meeting the parking requirement. Mr. Chave responded that not all parking must be provided on site. Development in the downtown is allowed to take advantage of parking elsewhere within the area to meet the parking requirement. Board Member Rubenkonig asked if other methods of transportation, such as Uber or Lyft, could be used by an applicant to meet at least part of the parking requirement. Mr. Chave reminded the Board that all new uses in existing buildings are considered to comply with the parking requirement. If an applicant is renovating an existing building on the waterfront for a hotel use, whatever parking is there would satisfy the parking requirement. Vice Chair Robles pointed out that there is no emergency access solution for properties on the west side if a train is blocking the track. He asked if there is something in the hotel laws that would prohibit a hotel from being placed on the west side of the tracks for safety reasons. Mr. Doherty said he does not know of any restrictions. He said he has spoken to a few hotel developers, as well as a hotel development broker, who were conceptually interested in property on the waterfront, and they didn’t seem to find a problem. In general, there is concern about noise and vibration from the trains going by, and he occasionally hears from the Harbor Inn that guests complain about it. This is something a developer would need to address as part of a project design. Vice Chair Robles asked if the proposed amendment would increase the value of properties in the CW zone. Mr. Doherty explained that, typically, the appraised value is based on the highest and best use of a property. There are no hotels in the area and office development is currently considered the highest and best use. He does not believe that the properties would be appraised higher because there are no large under-developed or undeveloped properties that would impact the value. Vice Chair Robles said he understand that the amendment is being proposed to attract and accommodate tourists to the downtown and waterfront. He asked if a waterfront hotel is considered the only way to accomplish this goal or if there are other options available such as short-term rentals that can absorb a lot of occupancy but do not require development. This would give local residents an opportunity to enjoy the economic benefits, too. Mr. Doherty said the Airbnb phenomenon is growing in Edmonds, as evidenced by the surge in business licenses and lodging taxes. This is largely because they do not have a lot of other options. However, short-term rentals are not always to everyone’s taste, and a hotel scenario is preferred by some. The proposed amendment would widen a very narrow door that a potential developer could walk through to provide more lodging in the downtown area. Vice Chair Robles suggested they open the scope of the discussion so that it is not based solely on the premise of bringing more people to the waterfront and downtown to take advantage of the fairs and events. Mr. Doherty responded that a lot of people use lodging in neighboring cities, and the goal is to recapture some of this market to improve the City’s economic vitality. PRESENTATION ON POTENTIAL REVISIONS TO UNIT LOT SUBDIVISION APPLICATION PROCEDURE (File No. AMD20190005 Mr. Clugston reviewed that the unit lot subdivision process was adopted in 2017 and has been well received. Since that time, three projects have been approved and several others are in the works. Based on experience, staff has identified the need for a minor change to the application timing within the unit lot subdivision process to make the associated building permit review more efficient. He explained that the current code allows an applicant to apply for a unit lot subdivision concurrent with design review, concurrent with a building permit application, or after a building permit application is received. However, applying for the unit lot subdivision after the building permit application leads to inefficiencies. It requires additional staff time to create, change, update and re-review applications, and it also requires applicants to prepare new documents and pay additional fees. In order to streamline the process, Mr. Clugston said staff is recommending that unit lot subdivision applications no longer be accepted after building permits are submitted. As proposed, staff will know to process buildings permits as single-family residential developments rather than having to start the process as a commercial development and change further down the road when a unit lot subdivision application is submitted. The proposed amendment to ECDC 20.75.045 would alter just a few words to implement the change in process (See Exhibit 2).
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Packet Pg. 5 Attachment: Draft November 13, 2019 Planning Board Minutes (Approval of Planning Board Draft Minutes for November 13, 2019)
DRAFT Planning Board Minutes November 13, 2019 Page 4
Mr. Clugston advised that a few applicants have attempted to apply for permits but were cautioned to hold off in anticipation of the proposed change that would have all other applications come before the building permit application. Projects that are already built could apply for a short plat because no building permit would be required. In addition, new language is proposed in that same subsection for unit lot applications on sites that are already built out. The intent is to make potential applicants aware of the need to comply with the current building code separation requirements. He explained that an applicant approached staff recently with a plan to do a short plat on an existing duplex lot, but it was discovered that the walls did not meet the building code’s separation requirement. The applicant chose not to move forward because he didn’t want to bring the walls up to code. Mr. Clugston summarized that the unit lot subdivision process has been well received and the minor tweaks will make it better for both the applicant and staff. Board Member Rubenkonig observed that the proposed amendments were presented primarily as staff preferences, but she asked staff to elaborate on how developers would benefit. Mr. Clugston said staff noticed the problem initially a few months ago and took note of how much staff time was required when permit applications changed. When applicants were informed of the additional work that is required when unit lot subdivision applications are submitted after building permit applications, they indicated support for the proposed amendment, which will save them both time and money. Board Member Pence commented that the proposed amendment appears to be a win from an applicant’s point of view. He asked if Mr. Clugston knows of any reason why a developer would not support the proposed change, and Mr. Clugston answered no. EXPECTATIONS AND RESPONSIBILITES OF THE CHAIR AND VICE CHAIR Board Member Rubenkonig presented a list of duties and responsibilities that the Chair and Vice Chair of the Board must attend to on behalf of the Board:
• The Chair meets monthly with the Mayor.
• The Chair and Vice Chair regularly communicate. There are times when the Chair is unexpectedly unable to attend a meeting, and the Vice Chair will need to be aware of what is taking place.
• The Chair and Vice Chair need to serve as liaisons with the Planning Manager and Development Services Director to find out what is coming up and what direction the Board should be going.
• The City Council has indicated a desire to meet more often with the Planning Board. Typically, the Chair presents a Planning Board report to the City Council two or three times a year, but the City Council also wants the Board to
approach them to express their take on important issues, and this hasn’t been done in the past.
• The Chair and Vice Chair communicate with the City Council President to set agendas and review the issues that are coming up.
• The Chair works with planning staff to prepare agendas and be informed of member absences.
• The Chair and Vice Chair need to have a sense of how a discussion might go on any given item, not to predict or strong arm a result, but to understand how things might play out. They are responsible for expediting Board discussion as much as possible. Board Member Rubenkonig summarized that serving as Chair and Vice Chair involves a lot more work than simply chairing the meetings. The Chair is responsible for setting the Planning Board agendas, as well as getting items that are forwarded by the Planning Board on the City Council’s agenda. This is done via discussions with the staff and City Council President. It is not an easy job. Board Member Rosen added that the Chair has the burden of creating an inviting and welcoming environment for the public that is respectful and encouraging. The Chair is also responsible for creating an environment of no surprises amongst the Planning Board Members. Sometimes the Chair may need to raise his/her voice and advocate for the Board before the City Council. In addition to meeting regularly with the Mayor, City Council President and staff, it will be important to create a relationship of openness and communication with the new City Council Members. Chair Cheung commented that, along with setting the Planning Board agendas, the Chair can solicit input from the Mayor regarding topics before the Board that might be politically sensitive.
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Packet Pg. 6 Attachment: Draft November 13, 2019 Planning Board Minutes (Approval of Planning Board Draft Minutes for November 13, 2019)
DRAFT Planning Board Minutes November 13, 2019 Page 5
The Board agreed that it would be up to the Chair and Vice Chair to decide how they want to improve communications with the City Council. They acknowledged that writing reports, providing regular updates and communicating with the Mayor and City Council will be a time-consuming responsibility for the Chair. Vice Chair Robles commented that there is no punitive measure for determining how well a Chair is performing. Just because the Chair doesn’t do everything that a Board Member wants to be done, doesn’t mean he/she is doing it wrong. The Chair should have flexibility to perform the necessary functions using the techniques he/she is most comfortable with. ELECTION OF PLANNING BOARD OFFICERS FOR 2020 BOARD MEMBER CHEUNG NOMINATED BOARD MEMBER ROBLES TO SERVE AS CHAIR OF THE BOARD IN 2020. BOARD MEMBER MONROE SECONDED THE NOMINATION. THERE WERE NO OTHER NOMINATIONS, AND BOARD MEMBER ROBLES WAS UNANIMOUSLY CONFIRMED AS THE 2020 PLANNING BOARD CHAIR. BOARD MEMBER MONROE NOMINATED BOARD MEMBER ROSEN TO SERVE AS VICE CHAIR OF THE BOARD IN 2020. BOARD MEMBER CHEUNG SECONDED THE NOMINATION. THERE WERE NO OTHER NOMINATIONS, AND BOARD MEMBER ROSEN WAS UNANIMOUSLY CONFIRMED AS THE 2020 PLANNING BOARD VICE CHAIR. REVIEW OF EXTENDED AGENDA Mr. Chave announced that the December 11th Meeting agenda will include public hearings on the proposed code amendments allowing lodging uses in the CW zone and the proposed amendment to the unit lot subdivision application procedure. There might also be a presentation by the Puget Sound Regional Council relative to the Vision 2050 Update. He noted that the list of topics that were discussed at joint City Council/Planning Board meeting was added to the list of pending items for next year. He agreed to email the Board Members a copy of the updated extended agenda. PLANNING BOARD CHAIR COMMENTS Chair Cheung commented that it is great to have two good people in charge of the Board in 2020. He felt that Board Members Robles and Rosen would make a great team. PLANNING BOARD MEMBER COMMENTS Board Member Pence reported that he has taken an interest in the Citizen Housing Commission. He has been attending their meetings and will continue to do so. He said he had some experience in Seattle with housing-related issues and this is an area of interest to him. Board Member Rubenkonig reminded the Board Members of the Volunteer Recognition Event on November 21st in the Brackett Room on the 3rd Floor of City Hall from 5:00 to 7:00 p.m. She also announced that Diane Cunningham, the Administrative Assistant for the Planning Division, will be retiring on November 22nd after 35 years with the City. Mr. Chave advised that her replacement has been hired and will start on November 25th. Board Member Rubenkonig commented
that Ms. Cunningham has been very helpful to the Board over the years, providing information and guidance. She wished her the best in her retirement. ADJOURNMENT The Board meeting was adjourned at 7:50 p.m.
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Packet Pg. 7 Attachment: Draft November 13, 2019 Planning Board Minutes (Approval of Planning Board Draft Minutes for November 13, 2019)
Planning Board Agenda Item
Meeting Date: 12/11/2019
Development Services Director Report
Staff Lead: Shane Hope, Director
Department: Development Services
Prepared By: Michelle Martin
Background/History
N/A
Staff Recommendation
N/A
Narrative
Development Services Director Shane Hope provides an update on local and regional news of planning
interest.
Attachments:
Director.Report.12.11.19
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D8
Date: December 11, 2019
To: Planning Board
From: Shane Hope, Development Services Director
Subject: Director Report
“Under the seeming disorder of the old city, wherever the old city is working
successfully, is a marvelous order for maintaining the safety of the streets and
the freedom of the city.” ― Jane Jacobs, the Death and Life of Great American Cities
Next Planning Board Meeting
The Planning Board’s next meeting, December 11, will include
STATE & REGIONAL NEWS
Puget Sound Regional Council (PSRC)
PSRC reports that “vehicle miles traveled” per person is continuing to decline in our
region. That is because the population growth is increasing at a slightly greater rate than
the vehicle miles being traveled. This relates to the fact that transit boarding have
continued to increase.
Work on VISION 2050 is continuing. For more information, see:
https://www.psrc.org/vision.
Snohomish County HART Project
The Snohomish County Housing Affordability Regional Task Force (HART), which was
organized by the Snohomish County Executive to develop a five-year action plan,
coordinated with the cities, for improving the region’s ability to meet affordable housing
needs, is still underway. A report had originally been expected for completion in
December, but the probable date is now late January 2020.
OTHER LOCAL NEWS
Architectural Design Board (ADB)
The ADB meet next on December 18. Items of discussion include:
Continued discussion of ADB Roles
MEMORANDUM
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Packet Pg. 9 Attachment: Director.Report.12.11.19 (Development Services Director Report)
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Arts Commission
The next meeting is on January 6, 2020. An agenda will be available on line. The Arts Commission
met on December 2. Items discussed included:
Presentation for retiring Commissioner
Civic Park
Creative District Advisory Committee
Nominations
Exhibits / On the fence
Cemetery Board
The Cemetery Board met on November 21. The Cemetery Board has no meetings scheduled in
December 2019, but meets next on January 16, 2020. An agenda will be available on line. Last
meeting items discussed included:
Cemetery sales and burials
Financial Reports
Other
Old Business
New business – Election of Officers
Diversity Commission
The Diversity Commission met on December 4. Items discussed included:
Updates from the City
Budget Review
Old Business
Subgroup reports
New Business – Elect Chair & Vice Chair
Economic Development Commission (EDC)
The EDC met on November 20. No meetings are scheduled for December 2019. Items discussed
in November included:
SAP memo update
Review project lists for 2020
Work group & Liaison updates
Historic Preservation Commission (HPC)
The HPC meets next on December 12. Items of discussion will include:
Discussion of 2020 Historic Calendar
Discussion of Certificate of Appropriateness for Profitt/Astell house @ 825 Main St.
Updating Brochures
Housing Commission
The third meeting of the Citizens’ Housing Commission was held and live-streamed on November
14. Items discussed included:
Approval of ground rules and minor procedural issues
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Packet Pg. 10 Attachment: Director.Report.12.11.19 (Development Services Director Report)
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Discussion of background materials: demographic & housing facts, VISION 2050 Housing
background paper, Edmonds Housing needs study
Alliance for Housing Affordability presentation
Draft community engagement plan
Mayor’s Climate Protection Commission
The Mayors Climate Protection Commission (CPC) met on December 5. An agenda will be
available on line.
Tree Board
The Tree Board met December 5. The agenda included:
City budget update regarding arborist
Good Street Tree Choices subcommittee update
2019 Tree City USA Certification
New Tree Board Member application process and discussion
Progress on City Tree Code
City budget decision packages 80 and 81
Tree Board members inputs to 2020 plans for City and achievement of 2020 growth
award
Youth Commission
The Youth Commission met on December 4. Items of discussion included:
Share Forum press release
Forum Walk-thru and logistics
Kamiak Leadership Conference
What’s happening in Edmonds?
City Council
The December 3rd City Council meeting included:
Proclamation honoring Bill Anderson (local nature photographer)
Sound Transit presentation on Future Parking and Access Options to increase ridership on
Edmonds Sounder Station
Housing Commission Quarterly Update
Approval of ordinance amending Edmonds City Code Title 4 and ECDC Title 20 to align
with state business license service practices (for title 20, adds statement about business
license for home occupations)
Confirmation of two Diversity Commission appointments
Public hearing on utility rate proposal – with Council to take action at its December 10
meeting
Approval of Legislative Agenda (priorities for the 2020 state legislative session)
Approval of Long- Term Capital Facilities Plan and 2020-2025 CIP (with one amendment to
the CIP)
Adoption of Ordinance to Amend Comprehensive Plan for one Housing item and to
replace existing CFP with new CFP
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Packet Pg. 11 Attachment: Director.Report.12.11.19 (Development Services Director Report)
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Budget Amendment to fund training session (“retreat”) to help new Council members get
started
2019 Fourth Quarter budget amendment, six items—all approved
Note: Due to the lateness of the hour, further 202 budget discussion was deferred until the
next meeting.
COMMUNITY CALENDAR
December 5: Magic of the Artful Gift, Gallery North, 11 am
December 5: 3rd Annual Amateur Caroling Contest, Downtown, 6 pm
December 5: Christmas with the Gothard Sisters, 7:30 pm
December 6: Free Holiday Movie, Edmonds Movie Theatre, 4 pm
December 6: Phoenix Theatre presents “Inspecting”, Phoenix Theatre, 7:30 pm
December 7: Music at the Library, Children’s program, 2 pm
December 7: Christmas in Edmonds, North Sound Church, 4 pm
December 7, 14 & 21 : Edmonds Holiday Market, Downtown, 10 am
December 7: Holiday Card Workshop with Mona Fairbanks, Cascadia Art Museum, 11 am
December 7: Holiday Trolley, Downtown, 11 am
December 8: EWHS Jazz Ensemble, in front of “The Rogue”, 12 pm
December 8: CSO-Holiday Pops with Gershwin, Edmonds Center for the Arts, 7:30 pm
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Packet Pg. 12 Attachment: Director.Report.12.11.19 (Development Services Director Report)
Planning Board Agenda Item
Meeting Date: 12/11/2019
Public Hearing on Potential Revision to Unit Lot Subdivision Application Procedure (AMD20190005)
Staff Lead: {enter Staff Lead or "N/A" here}
Department: Planning Division
Prepared By: Michael Clugston
Background/History
This item was introduced to the Board at their November 11 meeting. The excerpt minutes for that
meeting are included as Exhibit 3.
Staff Recommendation
After taking public testimony, forward the proposed change to the City Council.
Narrative
The unit lot subdivision process was adopted in 2017. Since that time, three projects have been
approved (the unit lot subdivisions together with the associated building permits). Several other
projects are in the works. Based on that experience, staff has identified the need for a minor change to
application timing within the unit lot procedure to make the associated building permit reviews more
efficient for both staff and applicants.
The code currently allows an applicant to apply for a unit lot subdivision concurrent with design review,
concurrent with a building permit application, or after a building permit application is received.
Applying for the unit lot subdivision after the building permit application leads to inefficiencies, which
are summarized in Attachment 1. To streamline the process, unit lot applications should no longer be
accepted after building permits are submitted. Proposed language is shown in a redline/strike-out
version of subsection (C) of ECDC 20.75.045 (Attachment 2).
New language is also proposed in that subsection for unit lot applications on sites that are already built-
out. The intent is to make potential applicants aware of the need to comply with current building code
separation requirements in such instances.
Attachments:
Exhibit 1 - Unit Lot Application Timing Examples
Exhibit 2 - Proposed revision to ECDC 20.75.045.C unit lot application procedure
Exhibit 3 - Draft Minute Excerpt November 11, 2019
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Unit Lot Subdivision / Building Permit Application Process
Current Appilcation Process
Unit Lot Subdivision process that occurs for after a multi unit building permit submittal
1
Fill/ Grade and Building Permit are applied for w/ one address and unit numbers (one
commerical building permit)
2 Building Enclosure Documents must be submitted (note: costly for applicant) - OR
Covenant Recorded to not sell for 5 years
4 Reviews go through the process
5 Commercial fees are calculated
6 Commercial Impact fees assessed
7 Unit lot subdivision is applied for - Switch geers and re-do to change to SFR
8 Create, re-address and update all permits/ records
9 Create new permits for each "structure/unit"
10 Obtain new site plans, new plans with code related changes for each new "SFR"
11 Sort out non-relevant documents
12 Re-do building permit fees to change to residential fee schedule
13 Re-do Park and Transportation Impact fees
14 Engineering re-reviews for compliance with Residential code / storm requirements
15 Additional ROW/ Side Sewer permits are created for each new lot
16 Planning, Building, Fire re-review, stamp and sign all of the new plans
17 Upon recording of new lots, permits issued
NOTES:
From a Building Code / Permit Process, it is taking a Commerical Building and turning into a
bunch of New SFR's
Extensive Staff time to create/change/update/re-review applications
Enclosure Docs
Double the printing
Additional design professional expenses
Proposed w/ Code Update
Steps to Permit Issuance when Unit Lot Subdivision applied for prior or with building permit submittal
(Currently the process for our other Subdivision Applications)
1 Unit lot subdivision is applied for
2 Addresses are assigned
3 Fill/ Grade and Building Permits are applied for (multiple SFR permits)
4 Concurrent Review Document signed
5 Reviews go through the process
6 Residential fees are calculated for a SFR
7 Residential Park and Transportation Impact fees assessed for a SFR
8 Upon recording of new lots, permits issued
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Packet Pg. 14 Attachment: Exhibit 1 - Unit Lot Application Timing Examples (Public Hearing on Potential Revision to Unit Lot Subdivision Application
20.75.045 Unit lot subdivision.
A. Purpose. The unit lot subdivision process provides opportunities for dividing fee simple
ownership of land to create townhouses, rowhouses and similar fee-owned dwelling units as an
alternative to both condominium ownership and traditional single-family detached subdivision.
Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC
Title 16 by analyzing whether the parent lot complies, but not requiring that each newly
created lot within the unit lot subdivision (the unit lot) complies, with those dimensional
standards. A unit lot subdivision does not permit uses or densities that are not otherwise
allowed in the zoning district in which the unit lot subdivision is proposed.
B. Applicability. The provisions of this section apply exclusively to the subdivision of land for
single-family dwelling units, townhouse, and rowhouses and may be applied only in the
following zones: multiple residential, general commercial, and Westgate mixed-use. A single lot
within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all
such dwelling units within one building. Flats are permitted as an element of a unit lot
subdivision only when a single lot within a unit lot subdivision contains the entire building in
which flats are located.
C. Association with Site Development – Application Timing. In the case of a vacant lot or a
redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunction
with or subsequent to preceding a development site plan as required by Chapter 20.10, 20.11,
or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted in conjunction with
or subsequent to preceding a building permit. For existing, developed sites, a preliminary unit
lot subdivision application may be submitted at any time; provided, that the buildings must
comply (or be brought into compliance) with the separation requirements of the building codes
in effect at the time of application. Compliance with the separation requirements must be
verified under a building permit.
D. Conformance with Standards of the Parent Lot. The parent lot must comply with and is
vested to the applicable development standards (ECDC 20.75.030(E)) in effect at the time a
complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot
subdivision, the individual unit lots within the subdivision may be nonconforming with respect
to the bulk and dimensional standards required by ECDC Title 16.
As with dimensional standards, compliance with access standards, including but not limited to
fire lanes, drive aisles, turn-arounds, and access of/to the parent lot from/to the street will be
evaluated based on the parent lot’s compliance with such requirements, and not based on
whether individual unit lots meet such standards.
E. Future Additions and Modifications. Subsequent platting actions, additions or modifications
to the structure(s) may not create or increase any nonconformity of the parcel lot. Changes
requiring permitting that affect only the interior of building units will be evaluated for
compliance with the requirements only for that unit. Any exterior changes will be evaluated for
6.A.b
Packet Pg. 15 Attachment: Exhibit 2 - Proposed revision to ECDC 20.75.045.C unit lot application procedure (Public Hearing on Potential Revision to Unit Lot
compliance by considering whether the parent lot would still comply with applicable
development standards. Any application for such external changes will require authorization of
all owners of affected unit lots or approval of the HOA where changes to commonly owned
tracts are proposed.
F. Homeowners’ Association Ownership of Common Areas. Any commonly used areas or
facilities within a unit lot subdivision, including but not limited to common access, garage or
parking areas, common open space or recreation space, common courtyards, commonly used
stormwater facilities or side sewers and other similar features, must be owned and maintained
by a homeowners’ association with the right to assess the individual unit lot owners as
necessary to properly maintain and repair such areas. Appropriate documentation regarding
the rights of the homeowners association must be submitted for recording with the final plat.
G. Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed
and recorded as an element of the final unit subdivision plat or short plat for maintenance of all
building exteriors except in cases where all dwelling units are detached. The maintenance
agreement must require equal participation by all owners within any one building and must be
recorded on the final unit lot plat. The requirement does not apply to detached single family
dwelling units. Common wall construction must meet currently adopted building codes.
H. Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling
unit may be provided on a different unit lot than the lot with the dwelling unit as long as the
right to use that parking is formalized by an easement on the final plat.
I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot
and that additional development of the individual unit lots may be limited as a result of the
application of development standards to the parent lot must be noted on the final plat.
J. An application for final unit lot plat will not be accepted until all foundations, including
common wall foundations, are installed and located on the face of the final plat by the land
surveyor of record.
K. Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short
subdivisions while five or more lots are formal subdivisions pursuant to Chapter 20.01 ECDC
and the requirements of this chapter. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1),
2017].
6.A.b
Packet Pg. 16 Attachment: Exhibit 2 - Proposed revision to ECDC 20.75.045.C unit lot application procedure (Public Hearing on Potential Revision to Unit Lot
DRAFT Planning Board Minutes November 13, 2019 Page 3
Board Member Rubenkonig asked how creative an applicant could be in meeting the parking requirement. Mr. Chave responded that not all parking must be provided on site. Development in the downtown is allowed to take advantage of parking elsewhere within the area to meet the parking requirement. Board Member Rubenkonig asked if other methods of transportation, such as Uber or Lyft, could be used by an applicant to meet at least part of the parking requirement. Mr. Chave reminded the Board that all new uses in existing buildings are considered to comply with the parking requirement. If an applicant is renovating an existing building on the waterfront for a hotel use, whatever parking is there would satisfy the parking requirement. Vice Chair Robles pointed out that there is no emergency access solution for properties on the west side if a train is blocking the track. He asked if there is something in the hotel laws that would prohibit a hotel from being placed on the west side of the tracks for safety reasons. Mr. Doherty said he does not know of any restrictions. He said he has spoken to a few hotel developers, as well as a hotel development broker, who were conceptually interested in property on the waterfront, and they didn’t seem to find a problem. In general, there is concern about noise and vibration from the trains going by, and he occasionally hears from the Harbor Inn that guests complain about it. This is something a developer would need to address as part of a project design. Vice Chair Robles asked if the proposed amendment would increase the value of properties in the CW zone. Mr. Doherty explained that, typically, the appraised value is based on the highest and best use of a property. There are no hotels in the area and office development is currently considered the highest and best use. He does not believe that the properties would be appraised higher because there are no large under-developed or undeveloped properties that would impact the value. Vice Chair Robles said he understand that the amendment is being proposed to attract and accommodate tourists to the downtown and waterfront. He asked if a waterfront hotel is considered the only way to accomplish this goal or if there are other options available such as short-term rentals that can absorb a lot of occupancy but do not require development. This would give local residents an opportunity to enjoy the economic benefits, too. Mr. Doherty said the Airbnb phenomenon is growing in Edmonds, as evidenced by the surge in business licenses and lodging taxes. This is largely because they do not have a lot of other options. However, short-term rentals are not always to everyone’s taste, and a hotel scenario is preferred by some. The proposed amendment would widen a very narrow door that a potential developer could walk through to provide more lodging in the downtown area. Vice Chair Robles suggested they open the scope of the discussion so that it is not based solely on the premise of bringing more people to the waterfront and downtown to take advantage of the fairs and events. Mr. Doherty responded that a lot of people use lodging in neighboring cities, and the goal is to recapture some of this market to improve the City’s economic vitality. PRESENTATION ON POTENTIAL REVISIONS TO UNIT LOT SUBDIVISION APPLICATION PROCEDURE (File No. AMD20190005 Mr. Clugston reviewed that the unit lot subdivision process was adopted in 2017 and has been well received. Since that time, three projects have been approved and several others are in the works. Based on experience, staff has identified the need for a minor change to the application timing within the unit lot subdivision process to make the associated building permit review more efficient. He explained that the current code allows an applicant to apply for a unit lot subdivision concurrent with design review, concurrent with a building permit application, or after a building permit application is received. However, applying for the unit lot subdivision after the building permit application leads to inefficiencies. It requires additional staff time to create, change, update and re-review applications, and it also requires applicants to prepare new documents and pay additional fees. In order to streamline the process, Mr. Clugston said staff is recommending that unit lot subdivision applications no longer be accepted after building permits are submitted. As proposed, staff will know to process buildings permits as single-family residential developments rather than having to start the process as a commercial development and change further down the road when a unit lot subdivision application is submitted. The proposed amendment to ECDC 20.75.045 would alter just a few words to implement the change in process (See Exhibit 2).
6.A.c
Packet Pg. 17 Attachment: Exhibit 3 - Draft Minute Excerpt November 11, 2019 (Public Hearing on Potential Revision to Unit Lot Subdivision Application
DRAFT Planning Board Minutes November 13, 2019 Page 4
Mr. Clugston advised that a few applicants have attempted to apply for permits but were cautioned to hold off in anticipation of the proposed change that would have all other applications come before the building permit application. Projects that are already built could apply for a short plat because no building permit would be required. In addition, new language is proposed in that same subsection for unit lot applications on sites that are already built out. The intent is to make potential applicants aware of the need to comply with the current building code separation requirements. He explained that an applicant approached staff recently with a plan to do a short plat on an existing duplex lot, but it was discovered that the walls did not meet the building code’s separation requirement. The applicant chose not to move forward because he didn’t want to bring the walls up to code. Mr. Clugston summarized that the unit lot subdivision process has been well received and the minor tweaks will make it better for both the applicant and staff. Board Member Rubenkonig observed that the proposed amendments were presented primarily as staff preferences, but she asked staff to elaborate on how developers would benefit. Mr. Clugston said staff noticed the problem initially a few months ago and took note of how much staff time was required when permit applications changed. When applicants were informed of the additional work that is required when unit lot subdivision applications are submitted after building permit applications, they indicated support for the proposed amendment, which will save them both time and money. Board Member Pence commented that the proposed amendment appears to be a win from an applicant’s point of view. He asked if Mr. Clugston knows of any reason why a developer would not support the proposed change, and Mr. Clugston answered no. EXPECTATIONS AND RESPONSIBILITES OF THE CHAIR AND VICE CHAIR Board Member Rubenkonig presented a list of duties and responsibilities that the Chair and Vice Chair of the Board must attend to on behalf of the Board:
• The Chair meets monthly with the Mayor.
• The Chair and Vice Chair regularly communicate. There are times when the Chair is unexpectedly unable to attend a meeting, and the Vice Chair will need to be aware of what is taking place.
• The Chair and Vice Chair need to serve as liaisons with the Planning Manager and Development Services Director to find out what is coming up and what direction the Board should be going.
• The City Council has indicated a desire to meet more often with the Planning Board. Typically, the Chair presents a Planning Board report to the City Council two or three times a year, but the City Council also wants the Board to
approach them to express their take on important issues, and this hasn’t been done in the past.
• The Chair and Vice Chair communicate with the City Council President to set agendas and review the issues that are coming up.
• The Chair works with planning staff to prepare agendas and be informed of member absences.
• The Chair and Vice Chair need to have a sense of how a discussion might go on any given item, not to predict or strong arm a result, but to understand how things might play out. They are responsible for expediting Board discussion as much as possible. Board Member Rubenkonig summarized that serving as Chair and Vice Chair involves a lot more work than simply chairing the meetings. The Chair is responsible for setting the Planning Board agendas, as well as getting items that are forwarded by the Planning Board on the City Council’s agenda. This is done via discussions with the staff and City Council President. It is not an easy job. Board Member Rosen added that the Chair has the burden of creating an inviting and welcoming environment for the public that is respectful and encouraging. The Chair is also responsible for creating an environment of no surprises amongst the Planning Board Members. Sometimes the Chair may need to raise his/her voice and advocate for the Board before the City Council. In addition to meeting regularly with the Mayor, City Council President and staff, it will be important to create a relationship of openness and communication with the new City Council Members. Chair Cheung commented that, along with setting the Planning Board agendas, the Chair can solicit input from the Mayor regarding topics before the Board that might be politically sensitive.
6.A.c
Packet Pg. 18 Attachment: Exhibit 3 - Draft Minute Excerpt November 11, 2019 (Public Hearing on Potential Revision to Unit Lot Subdivision Application
Planning Board Agenda Item
Meeting Date: 12/11/2019
Public Hearing on Code Amendment allowing lodging uses in the CW Zone (File No. AMD20190006)
Staff Lead: Patrick Doherty
Department: Planning Division
Prepared By: Rob Chave
Background/History
The Economic Development Commission has recommended this code amendment. The Planning Board
discussed this item at its November 13th meeting.
Staff Recommendation
Forward a recommendation to the City Council for approval.
Narrative
The Economic Development Commission (EDC) has requested an amendment to the City’s zoning code
for the “CW - Commercial Waterfront” zone which would allow lodging-type uses (see memo from EDC
Chair Mary Monroe). The EDC has apprised the City Council of this interest in the past, and is interested
in moving to get the zoning code updated to include this use.
The current version of the CW zone is attached. Generally, the City’s zoning code provides for hotels
and/or motels in commercial zones, and includes these definitions:
21.40.060 Hotel.
Hotel means any building containing five or more separately occupied rooms that are
rented out for sleeping purposes. A central kitchen and dining room and interior
accessory shops and services catering to the general public can be provided. Not
included are institutions housing persons under legal restraint or requiring medical
attention or care. (See also, Motel.)
21.60.040 Motel.
Motel means a building containing units which are used as individual sleeping units
having their own private toilet facilities and sometimes their own kitchen facilities,
designed primarily for the accommodation of transient automobile travelers.
Accommodations for trailers are not included. This term includes tourist court, motor
lodge, auto court, cabin court, motor hotel, motor inn and similar names. (See also,
Hotel.)
It can be relatively simple to address the EDC request by adding hotels to the list of Permitted Primary
Uses in Chapter 16.55.010 (CW zone). Staff does not recommend adding 'motel' as a permitted use since
the purposes of the CW zone are focused on public access and pedestrian use in the waterfront area,
6.B
Packet Pg. 19
and the definition of a motel is more focused on supporting vehicle use and access.
This potential amendment is consistent with the Shoreline Master Program, which allows this type of
use in the Urban Mixed Use shoreline environments.
The Planning Board could also consider a future amendment to update the definitions for Hotel and
Motel, since these are somewhat outdated. However, the definitions will suffice for the purposes of
adding the use to the CW zone.
Attachments:
Attachment 1: EDC Memo to Planning Board to Allow Lodging in CW Zone
Attachment 2: Edmonds Existing CW Zone 16.55
6.B
Packet Pg. 20
6.B.a
Packet Pg. 21 Attachment: Attachment 1: EDC Memo to Planning Board to Allow Lodging in CW Zone (Public Hearing on Code Amendment allowing lodging
Edmonds City Code and Community Development Code Chapter 16.55 CW – COMMERCIAL WATERFRONT Page 1/2
The Edmonds City Code and Community Development Code is current through Ordinance 4161, passed October 15, 2019.
Chapter 16.55
CW – COMMERCIAL WATERFRONT
Sections: 16.55.000 Purposes. 16.55.010 Uses. 16.55.020 Site development standards. 16.55.030 Operating restrictions.
16.55.000 Purposes. The CW zone has the following specific purposes in addition to the general purposes listed in Chapter 16.40 ECDC:
A. To reserve areas for water-dependent and water-related uses and for uses which will attract pedestrians to the
waterfront;
B. To protect and enhance the natural features of the waterfront, and encourage public use of the waterfront;
C. To ensure physical and visual access to the waterfront for the public.
16.55.010 Uses. A. Permitted Primary Uses.
1. Marine-oriented services;
2. Retail uses which are either marine-oriented or pedestrian-oriented, excluding drive-in businesses;
3. Petroleum products storage and distribution;
4. Offices, above the ground floor, excluding medical, dental and veterinary clinics;
5. Local public facilities with marine-oriented services or recreation;
6. 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. Off-street parking and loading in connection with a permitted use.
C. Secondary Uses Requiring a Conditional Use Permit.
1. Aircraft landings as regulated by Chapter 4.80 ECC;
2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 3353 § 6, 2001; Ord. 2366 § 9, 1983; Ord. 2307, 1982; Ord. 2283 § 6, 1982].
6.B.b
Packet Pg. 22 Attachment: Attachment 2: Edmonds Existing CW Zone 16.55 (Public Hearing on Code Amendment allowing lodging uses in the CW Zone)
Edmonds City Code and Community Development Code Chapter 16.55 CW – COMMERCIAL WATERFRONT Page 2/2
The Edmonds City Code and Community Development Code is current through Ordinance 4161, passed October 15, 2019.
16.55.020 Site development standards. A. Table.
Minimum Lot Area
Minimum Lot Width
Minimum1
Setbacks Maximum Height Maximum Coverage
CW None None 15′ landward of bulkheads for buildings; 60′ landward of bulkheads for parking
30′2 None
1 Fifteen feet from lot lines adjacent to R zoned property.
2 Tanks which are part of a petroleum products storage and distribution facility are allowed to be 48 feet in height.
B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC.
C. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and
reviewed by the architectural design board. [Ord. 2526 § 7, 1985].
16.55.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building except for:
1. Petroleum products storage and distribution;
2. Sales, storage, repair and limited building of boats;
3. Public parks;
4. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
5. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3902 § 4, 2012; Ord. 3320 § 4, 2000].
6.B.b
Packet Pg. 23 Attachment: Attachment 2: Edmonds Existing CW Zone 16.55 (Public Hearing on Code Amendment allowing lodging uses in the CW Zone)
Planning Board Agenda Item
Meeting Date: 12/11/2019
Review Planning Board Extended Agenda
Staff Lead: N/A
Department: Development Services
Prepared By: Michelle Martin
Background/History
N/A
Staff Recommendation
N/A
Narrative
The current extended agenda is attached.
Attachments:
12-11-2019 PB Extended Agenda
9.A
Packet Pg. 24
Items and Dates are subject to change
Extended Agenda
December 11, 2019
Meeting Item
DECEMBER, 2019
December
25
HOLIDAY
January
8
1. Update on Housing Commission work
January
22
1. Parks, Recreation & Cultural Services Quarterly Report
February
12
1. Update on Climate Goals project
February
26
1. Update on PSRC Vision 2050 process
2. Buildable Lands Process
9.A.a
Packet Pg. 25 Attachment: 12-11-2019 PB Extended Agenda (Review Planning Board Extended Agenda)
Items and Dates are subject to change
Pending
2020-21
1. Implementation / code updates implementing the UFMP
2. Implementation / code updates implementing climate goals
3. Implementation / code updates addressing WA state roadmap
4. Neighborhood Center Plans & implementation (incl 5 Corners)
5. Low impact / stormwater code review and updates
6. Sustainable development code(s) review and updates
7. Housing policies and implementation (incl ADU regs)
8. Nonconforming buildings and redevelopment issues
9. Subdivision code updates
10. Community Development Code Amendments / Re-Organization
11. Further Highway 99 Implementation, including:
Potential for “urban center” or transit-oriented
design/development strategies
Parking standards
12.
Recurring
Topics
1. Election of Officers (1st meeting in December)
2. Parks & Recreation Department Quarterly Report (January, April, July,
October)
3. Joint meeting with City Council
9.A.a
Packet Pg. 26 Attachment: 12-11-2019 PB Extended Agenda (Review Planning Board Extended Agenda)