Loading...
Ordinance 4173ORDINANCE NO.4173 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.75.045 TO CHANGE THE PROCESS FOR UNIT LOT SUBDIVISIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the unit lot subdivision process was adopted in 2017 to allow for the creation of "fee -simple" residential ownership opportunities (e.g., allowing townhomes to be individually owned) in certain multifamily and commercial zones; and WHEREAS, 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; and WHEREAS, to streamline the process, unit lot applications should no longer be accepted after building permits are submitted; and WHEREAS, new language is also proposed in that subsection for unit lot applications on sites that are already built out, intending to emphasize the need to comply with current building code separation requirements in such circumstances; and and WHEREAS, staff introduced this topic to the Planning Board on November 13, 2019; WHEREAS, the Board then held a public hearing on December 11, 2019; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 20.75.045 of the Edmonds Community Development Code, entitled "Unit Lot Subdivision," is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through). Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHE ICATED: r CF CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (2e44--- JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: APPROVED: MAY6R MIKE NELSON February 21, 2020 February 25, 2020 February 28, 2020 March 4, 2020 4173 2 SUMMARY OF ORDINANCE NO.4173 of the City of Edmonds, Washington On the 25th day of February, 2020, the City Council of the City of Edmonds, passed Ordinance No. 4173. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.75.045 TO CHANGE THE PROCESS FOR UNIT LOT SUBDIVISIONS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 261h day of February, 2020. CL K, SCOT ASSEY 3 Exhibit 1 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 su1-.sequem t 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 subs.,... ent t.. preceding a building permit. For existing developed sites, a preliminary unit lot subdivision application may be submitted at anytime. If the subdivision involves creating unit lot lines within common walls, a building permit application is required in order to verify that the walls meet the separation requirements in effect at the time of the subdivision application. D. Conformance with Standards of the Parent Lot. The parent lot must comply with and is vested to the applicable development standards (ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots within the subdivision may be nonconforming with respect to the bulk and dimensional standards required by ECDC Title 16. As with dimensional standards, compliance with access standards, including but not limited to fire lanes, drive aisles, 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 Exhibit 1 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]. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Leanna Hartell being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated ,June 16, 1941, and that the annexed is a true copy of EDH892392 ORDINANCE 4173, 4174 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 02/28/2020 and ending on 02/28/2020 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for s clt Rubblication is $39 R2 Subscribed sworn befo me on this OF day of r � Not � Public in and for the State of Washington. C,1 o1 Hdmuu 1,-1.EGAI.ADS 114 W1416 10f1'1 PAtihl-Y tin(fjp VVV hil[ipa 111n,rtry public 51r1'c tgNaswngton y �i�Aairl+rrr�rn'p"'; 0&2912027 Classified Proof ORDINANCE SUMMARY of the Cily of £drnOntls. Washington On the 15Sh day of February. 2020, the Cey COunciI of tho Cily Of Eomonds, pas8ed Ins lovowing Ordinances, the sum manila of said ordinances c onsi sling of Wine Ar8 avWad an FONcWS N0. 4173 AN OROINANCOR BE CITY OF EOMONDS, WASHINGTON AMENDING EDWN138 COMMUNITY DEVELCPMEN�' CODE SECTION 20.75 00 TO CHANGE THE PROCESS FOR UNIT LOT SL801VISIONS- PROVt[)IKG FC#i SEVERA131L[TY: AND SETTING Rta EFFECTNE DATE. gf2p1NA NC': N5z 4i74 AN OMINANCE' SHE CITY OF EDMONDS, WASHINGTON. AMENDING ORDINANCE NO 4188 AS A REMT TRANSFERS EXPENDITURES OFAVAR[OUSEFUNDS. AND FIXINGNA TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The rum te)Ij Of %hero DrdnenCes wi11 be mailedupon yupon In GNrsyt GATED iCiry CILERKOSCOTT PA2020, SS£Y Published, February-2B,2020, ED111884392 Proofed by Hartell, Leanna, 02/28/2020 09:34:19 am Page: 2