2008.09.09 CC Committee Meetings Agenda PacketAGENDA
City Council Committee Meetings
Council Chambers, Public Safety Complex
250 5th Avenue North, Edmonds
September 09, 2008
6:00 p.m.
The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not
public hearings.
1. Community Services/Development Services Committee
Meeting Location: Council Chambers
A. AM-1751
(20 Minutes)
Continued review of proposed amendments to Edmonds City Code Title 6 regarding property
nuisances.
B. AM-1750
(20 Minutes)
Continued discussion on townhouse subdivisions.
C. AM-1749
(20 Minutes)
Discussion on attached garage regulations.
2.Finance Committee
The Finance Committee will not meet this evening.
3.Public Safety Committee
The Public Safety Committee will not meet this evening.
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AM-1751 1.A.
Nuisance Regulations
City Council Committee Meetings
Date:09/09/2008
Submitted By:Duane Bowman, Development Services Time:20 Minutes
Department:Development Services Type:Action
Committee:Community/Development Services
Information
Subject Title
Continued review of proposed amendments to Edmonds City Code Title 6 regarding property
nuisances.
Recommendation from Mayor and Staff
Recommend the ordinance for passage on the next available consent agenda.
Previous Council Action
On February 26, 2008, the City Council held a work session on the code rewrite update. A
briefing regarding the nuisance regulations occurred at that meeting. A public hearing was held on
June 3, 2008 by the City Council. The matter was continued to July 15, 2008 to allow additional
public testimony. The City Council directed the City Attorney and staff to make revisions and
submit the changes for review by the CS/DS committee.
Narrative
Attached is a revised ordinance addressing the comments made by the CS/DS Committee on
August 12, 2008.
Fiscal Impact
Attachments
Link: Exhibit 1 - CS DS Committee Minutes
Link: Exhibit 2 - Nuisance Ord.
Link: Exhibit 3 - Exhibit A Revisions Nuisance Ord.
Form Routing/Status
Route Seq Inbox Approved By Date Status
Duane Bowman 08/22/2008 10:41 AM CREATED
1 City Clerk Sandy Chase 09/02/2008 01:36 PM APRV
2 Mayor Gary Haakenson 09/02/2008 01:36 PM APRV
3 Final Approval NEW
Form Started By: Duane
Bowman
Started On: 08/22/2008 10:41 AM
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M I N U T E S
Community Service/Development Services Committee Meeting
August 12, 2008
Elected Officials Present: Staff Present:
Peggy Pritchard-Olson, Chair Duane Bowman, Dev. Services Director
D.J. Wilson, Councilmember
Michael Plunkett, Council President
Rob Chave, Planning Manager
Mike Thies, Code Enforcement Officer
Steve Koho, Treatment Plant Manager
The committee convened at 6:00 p.m.
A. Discussion on the consultant selection process for projects at the Treatment Plant.
Steve Koho, Treatment Plant Manager, introduced the topic. Mr. Koho indicated that he wanted to
insure a fair consultant selection process that could result in the best selection of a consultant for
designing an odor control system. Because of work that Mr. Koho had done with CH2M HILL, he felt
that it would be inappropriate to serve on the City’s consultant selection committee. He however did
not feel that it was fair to exclude CH2M HILL from submitting a proposal, especially if he did not
serve on the selection committee. The CS/DS committee thanked Mr. Koho for taking these steps to
insure a fair consultant selection process and agreed with the staff recommendation.
ACTION: The CS/DS recommends authorization to issue a Request for Qualifications (RFQ) to
design an Odor Control Improvement System at the City's Wastewater Treatment Plant and allow
CH2M HILL the ability to respond to this RFQ on the consent agenda.
B. Review proposed amendments to Edmonds City code Title 6 regarding property
nuisances.
Duane Bowman, Development Services Director, introduced the topic. He noted that one thing he
would like added was a provision for the Director to be able to reduce fines up to 50% if a violator
demonstrates cooperation in resolving a code violation. He reminded the Committee that the
overriding goal is to get code compliance. He then reviewed a memorandum from Scott Snyder,
City Attorney, going over recommended changes to the draft nuisance ordinance based upon
comments from the July 15, 2008 City Council public hearing. The changes included:
1. Revising Section 6.20.041 removing reference to boxes;
2. Expanding exceptions under Section 6.20.041 (G) dealing with storage and allowing
screening with a vegetative barrier;
3. Removing the term “rusted” from Section 6.20.042 (B)(2);
4. Providing an exception in Section 6.20.042 (C)(1) for maintained compost facilities in side
and rear yards;
5. Deletion of Section 6.20.043 regarding garbage, recycling and compost containers;
6. Discussion on Section 6.20.020(E) regarding three year old vehicles;
7. Discussion on adding a new subsection (F) under Section 6.20.050 regarding mediation; and
8. Discussion on draft language regarding frivolous complaints in Section 6.20.050(B).
The Committee did not have any comments on items 1 through 5. The Committee discussed the
issue of having a three year old vehicle as part of the criteria for defining a junk vehicle including
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CS/DS Committee Minutes
August 12, 2008
Page 2
using time periods of five or seven years. Mike Thies, Code Enforcement Officer, pointed out that
this is one section of the current code that is working and this has not yet ever been an issue. He
cautioned that there could be unintended consequences if a change is made. The Committee
agreed that since there have been no issues with the current language, no changes should be made
at this time. Duane Bowman noted that should a problem occur in the future the code could be
changed quickly since this would go straight to the City Council.
The Committee discussed the idea of adding mediation. Staff pointed out that we already give
information out regarding mediation. The question of funding mediation was discussed and Duane
Bowman pointed out that fines for code violation could help with this cost. He pointed out the
difficulty is getting both parties to agree to mediation. If one party refuses, it will not work. Council
member Wilson was not supportive of the City paying for mediation. Further, he noted that why
would a person want to undergo mediation when someone was in violation of the code. While the
Committee recognized the value of mediation, it could not support adding mediation to the code.
The Committee felt that it would be appropriate to add a fine for frivolous complaints to discourage
any type of harassing behavior. The Committee however wanted additional language adding a
warning letter process before fines would be imposed.
ACTION: The CS/DS committee directed staff to work with the City Attorney to finalize a draft
ordinance and bring it back to the CS/DS committee for review at the September committee
meeting.
C. Discussion on Townhouse Subdivisions.
Duane Bowman introduced the topic. He displayed photographs of four projects that have or are
being built in Edmonds. The Committee discussed the projects and pointed out that indeed most of
the issues are design related and not so much how ownership occurs through subdivision. Rob
Chave pointed out that the subdivision laws are primarily directed toward single family zoned
subdivisions and that different ownership requirements are now occurring in multiple family zoned
properties. He noted that indeed the real issue is design standards. Council member Wilson noted
that this is a form of affordable housing but the City needs to insure that these types of communities
are attractive, livable places that fit into development of the Edmonds community.
ACTION: Staff was directed to continue researching design code language and bring additional
information to the CS/DS Committee in September.
The Committee meeting adjourned at 7:10 p.m.
2
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6.20.040 Types of nuisances.
The actions and/or conditions enumerated as public nuisances pursuant to Chapter 7.48
RCW are hereby designated as public nuisances for purposes of this chapter. Each of the
actions and conditions enumerated in 6.20.041, 6.20.042, 6.20.043 and 6.20.044 are
additionally designated as public nuisances for enforcement under the provisions of this
chapter.
6.20.041 Aesthetic nuisances.
The following nuisances are aesthetic in nature and can negatively impact neighborhood
property values and foster blight. The following actions and/or conditions shall be a
public nuisance when located in any front, side or rear yard or vacant lot.
A. Any junk, trash, litter, boxes, salvage materials or lumber not neatly stacked.
B. Any broken, soiled or discarded furniture, household equipment or furnishings.
C. Any vehicle parts or other articles of personal property which are stored,
discarded or left in a state of partial construction or repair.
D. Any accumulation, stack or pile of building, landscaping or construction materials
which are exposed to the elements or are in disarray and which are not directly associated
with a project on the premises for which a current building permit has been obtained; or,
with respect to a project which does not require a permit, that is in progress or which is
scheduled to begin within ten (10) business days. Construction materials include but are
not limited to metal, wood, wire, drywall, electrical components, and any supplies,
equipment or other items utilized for painting, landscaping, logging, roofing, masonry or
plumbing.
E. Any shopping carts, except where such shopping carts are owned and/or utilized
for their designated purpose upon the underling premises.
F. Exceptions. The nuisances enumerated in subparagraphs A through D shall not
apply to items or materials when:
1. Wholly enclosed within a building; or
2. Located in a rear yard and screened from view from adjacent properties
and the public right of way by a six-foot opaque fence.
6.20.042 Health and safety nuisances.
The following actions or conditions have a direct impact on public health and are
declared to be public nuisances.
{WSS699652.DOC;1/00006.900000/}
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A. Vegetation. The following actions and/or conditions shall be public nuisances:
1. Any dead, dying or other hazardous tree which is in danger of falling and
endangers the traveling public on a street, alley, sidewalk or other public right of way.
The word “tree” shall have the same meaning as is provided in ECDC 18.45.040.
2. Any violation of the noxious weed provisions of Chapter 6.30 ECC and/or
any uncultivated berry vines and Class B or Class C noxious weeds (as classified by the
Washington State Noxious Weed Control Board) which exceed an average of three feet
in height and any portion of which are located within five feet of an adjacent property.
B. Attractive nuisances. Any attractive nuisances dangerous to children are declared
to be public nuisances, including but not limited to the following items when located
outside of a fully enclosed building:
1. Abandoned, broken or neglected equipment;
2. Rusted, jagged, sharp or otherwise potentially dangerous machinery;
3. Household or commercial appliances, including but not limited to
refrigerators, freezers, washers, dryers, dishwashers, ovens, hot water tanks, or toilets;
4. Unpermitted excavations; and or
5. Unprotected or open wells or shafts.
C. Breeding grounds for vermin or insects. The following actions and/or conditions
are public nuisances:
1. Any accumulations of perishable matter, including but not limited to food
stuffs, that may harbor or attract the infestation of mold, insects and/or vermin.
2. Any stagnant, pooled water in which mosquitoes, flies or other insects
may reproduce.
3. Any stacks or accumulations of newspapers, cardboard, or other paper,
cloth, plastic, or rubber left or stored in a manner which poses a substantial risk of
combustion, a threat of fire, or that may harbor, serve as an attraction for or promote the
infestation of mold, insects and/or vermin.
D. Hazardous conditions, substances or materials. The following conditions or
actions are declared to be public nuisances.
1. Any structure or other constructed object not governed by the International
Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of
collapse, structural failure of falling.
2. Any unstable embankment, fill or other accumulation of rock and/or soil
which poses a substantial threat of collapse.
{WSS699652.DOC;1/00006.900000/}
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3. Any storage or keeping of any toxic, flammable, or caustic substance or
material except in compliance with applicable requirements of state or federal law.
4. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and
any unpermitted excavation therein or thereunder.
6.40.043 Garbage, recycling and compost facilities.
The accumulation, maintenance and collection of refuse, garbage, recycling material and
the composting of waste is a necessary part of urban life. Unless properly maintained and
screened, such facilities may negatively impact both the aesthetics of a neighborhood or
the health of its residents.
The following actions and/or conditions shall be public nuisances except as provided
below:
A. Any garbage stored outside of a fully enclosed building that is not kept in a fully
contained receptacle with a tight-fitting lid.
B. Any recyclable materials which are stored outside and which are not regularly
disposed of on a scheduled disposal cycle not to exceed thirty (30) days.
C. Any garbage or recycling materials when located in a front or side yard, except
when:
1. Screened from view from adjacent properties or the public way by an
opaque building or fence.
2. Garbage and recycling containers may be placed in the front yard set back
during a 24-hour period, commencing twelve (12) hours prior to scheduled pick up and
twelve (12) hours after.
D. Any compost heap or composting structure when located in a front or side yard,
except when screened from view from adjacent properties or the public way by an opaque
fence.
{WSS699652.DOC;1/00006.900000/}
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Exhibit A
Chapter 6.20
PUBLIC NUISANCES
Sections:
6.20.010 Purpose.
6.20.020 Definitions.
6.20.030 Public nuisances prohibited.
6.20.040 Types of nuisances.
6.20.041 Aesthetic nuisances.
6.20.042 Health and safety nuisances.
6.20.045 Protective coverings.
6.20.050 Enforcement and abatement.
6.20.060 Separate abatement proceedings for junk vehicles.
6.20.010 Purpose.
The purpose of this chapter is to protect and serve the public health, safety and welfare by
deterring and preventing conditions which constitute a public nuisances, and providing for the
prompt, efficient and permanent abatement of public nuisances. It is also the purpose of this
chapter to ensure that the persons responsible for creating, maintaining and/or allowing such
nuisances bear the costs of any necessary enforcement and abatement action to fullest extent
legally permissible. The provisions of this chapter shall be reasonably construed in furtherance
of these purposes.
6.20.020 Definitions.
The following definitions shall apply for purposes of this chapter:
A. “Antique vehicle” means a vehicle that is at least 40 years old and as qualified
pursuant to WAC 308-96A-073.
B. “Driveway” means an improved surface per City engineering standards designed
and used for accessing a parking area and/or for vehicle parking.
C. “Emergency” means a situation in which the community services director
reasonably determines that immediate abatement or other action is necessary in order to prevent,
reduce or eliminate an immediate threat to health, safety or property.
D. “Front yard” means a space on the same lot as a principal building, extending the
full width of the lot, and situated between the street right-of-way and the front line of the
building projected to the side lines of the lot. In the case of a double frontage lot, both spaces
with street frontage shall be considered front yards.
{WSS701787.DOC;1/00006.900000/}
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E. “Junk vehicle” means a vehicle meeting any two of the following criteria:
1. Is three years old or older;
2. Is extensively damaged, including but not limited to any of the following
conditions: a broken or missing windshield or missing wheels, tires, motor or transmission;
3. Is apparently inoperable;
4. Is without valid current registration plates.
5. Has an approximate fair market value equal only to the approximate value
of the scrap in it.
F. “Inoperable” with respect to a vehicle means that the vehicle is incapable of being
legally operated on a public roadway due to the condition of the vehicle or the status of the
ownership, registration, or license of the vehicle.
G. “Junk” means discarded, broken or disabled material including but not limited to
household items, house or lawn furniture, appliances, toys, construction items, hot tubs,
trampolines, vehicle parts, or other items that are not neatly stored or in a functioning condition.
H. “Litter” means discarded waste materials, including but not limited to paper,
wrappings, packaging material and discarded or used containers.
I. "Motor vehicle" means a vehicle that is self-propelled but not operated upon rails,
and includes neighborhood electric vehicles as defined in RCW 46.04.357. An electric personal
assistive mobility device is not considered a motor vehicle. A power wheelchair is not
considered a motor vehicle.
J. “Operable” with respect to a vehicle means that the vehicle is a licensed
motorized or non-motorized vehicle which in its current condition is legally and physically
capable of being operated on a public roadway.
H. “Rear yard” means a space on the same lot with a principal building, extending
the full width of the lot and situated between the rear line of the lot and the rear line of the
building projected to the side lines of the lot.
I. “Salvage” means an item that would otherwise be destroyed, rejected or discarded
but is or may be recycled or put to further use.
J. “Side yard” means a space on the same lot with a principal building, situated
between the building and the side lot line and extending from the rear line of the front yard to the
front line of the rear yard.
K. “Stagnant” means water or liquid that has become foul, stale or impure through
lack of agitation, flow or movement.
L. “Trash” means waste food products and other household garbage.
{WSS701787.DOC;1/00006.900000/}
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M. “Vehicle” means any motorized or non-motorized conveyance that includes, but
is not limited to, an automobile, recreational vehicle, truck, any type of trailer, van, motorcycle,
watercraft, farm equipment, construction equipment and antique vehicles (i.e., cars, trucks, vans,
motorcycles, carriages, or motorized buggies).
6.20.040 Types of nuisances.
The actions and/or conditions enumerated as public nuisances pursuant to Chapter 7.48 RCW are
hereby designated as public nuisances for purposes of this chapter. Each of the actions and
conditions enumerated in 6.20.041, 6.20.042, 6.20.043 and 6.20.044 are additionally designated
as public nuisances for enforcement under the provisions of this chapter.
6.20.041 Aesthetic nuisances.
The following nuisances are aesthetic in nature and can negatively impact neighborhood property
values and foster blight. The following actions and/or conditions shall be a public nuisance
when located in any front, side or rear yard or vacant lot.
A. Any junk, trash, or litter,
B. Salvage materials or lumber not neatly stacked.
C. Any broken, soiled or discarded furniture, household equipment or furnishings.
D. Any vehicle parts or other articles of personal property which are stored, discarded or left
in a state of partial construction or repair.
E. Any accumulation, stack or pile of building, landscaping or construction materials which
are exposed to the elements or are in disarray and which are not directly associated with a project
on the premises for which a current building permit has been obtained; or, with respect to a
project which does not require a permit, that is in progress or which is scheduled to begin within
ten (10) business days. Construction materials include but are not limited to metal, wood, wire,
drywall, electrical components, and any supplies, equipment or other items utilized for painting,
landscaping, logging, roofing, masonry or plumbing.
F. Any shopping carts, except where such shopping carts are owned and/or utilized for their
designated purpose upon the underling premises.
G. Exceptions. The nuisances enumerated in subparagraphs A through D shall not apply to
items or materials when:
1. Wholly enclosed within a building; or
2. Located in a rear yard and screened from view from adjacent properties and the
public right of way by a six-foot opaque fence or by a vegetative barrier that is between six feet
{WSS701787.DOC;1/00006.900000/}
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and eight feet in height and provides a visual barrier equivalent to an opaque fence. Corner lots
which have no rear yard may establish a screening area which qualifies for this exception in a
side yard.
6.20.042 Health and safety nuisances.
The following actions or conditions have a direct impact on public health and are declared to be
public nuisances.
A. Vegetation. The following actions and/or conditions shall be public nuisances:
1. Any dead, dying or other hazardous tree which is in danger of falling and
endangers the traveling public on a street, alley, sidewalk or other public right of way. The word
“tree” shall have the same meaning as is provided in ECDC 18.45.040.
2. Any violation of the noxious weed provisions of Chapter 6.30 ECC and/or any
uncultivated berry vines and Class B or Class C noxious weeds (as classified by the Washington
State Noxious Weed Control Board) which exceed an average of three feet in height and any
portion of which are located within five feet of an adjacent property.
B. Attractive nuisances. Any attractive nuisances dangerous to children are declared to be
public nuisances, including but not limited to the following items when located outside of a fully
enclosed building:
1. Abandoned, broken or neglected equipment;
2. Jagged, sharp or otherwise potentially dangerous machinery;
3. Household or commercial appliances, including but not limited to refrigerators,
freezers, washers, dryers, dishwashers, ovens, hot water tanks, or toilets;
4. Unpermitted excavations; and or
5. Unprotected or open wells or shafts.
C. Breeding grounds for vermin or insects. The following actions and/or conditions are
public nuisances:
1. Any accumulations of perishable matter, including but not limited to food stuffs,
that may harbor or attract the infestation of mold, insects and/or vermin, provided, however that
this provision shall not apply to compost heaps or facilities which are maintained in accordance
with standards recommended by the US Composting Council.
2. Any stagnant, pooled water in which mosquitoes, flies or other insects may
reproduce.
3. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth,
plastic, or rubber left or stored in a manner which poses a substantial risk of combustion, a threat
of fire, or that may harbor, serve as an attraction for or promote the infestation of mold, insects
and/or vermin.
{WSS701787.DOC;1/00006.900000/}
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D. Hazardous conditions, substances or materials. The following conditions or actions are
declared to be public nuisances.
1. Any structure or other constructed object not governed by the International
Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of
collapse, structural failure of falling.
2. Any unstable embankment, fill or other accumulation of rock and/or soil which
poses a substantial threat of collapse.
3. Any storage or keeping of any toxic, flammable, or caustic substance or material
except in compliance with applicable requirements of state or federal law.
4. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any
unpermitted excavation therein or thereunder.
6.20.045 Protective coverings.
Except as otherwise expressly provided by applicable city ordinance or a valid regulatory
permit, any condition enumerated in ECC 6.20.040 shall constitute a public nuisance irrespective
of whether such condition is covered in whole or in part by a tarpaulin, vapor barrier, canvas or
plastic sheeting, or other temporary covering.
6.20.050 Enforcement and abatement.
A. Responsibility for enforcement. The provisions of this chapter shall be enforced
by the community services director or his/her designee.
B. Responsibility for violation. The provisions of this chapter shall be enforceable
against any person who causes, permits, creates, maintains or allows upon any premises, any of
the actions or conditions designated as public nuisances under ECC 6.20.040, including but not
limited to any person or entity owning, leasing, renting, occupying, or possessing the underlying
premises.
C. Penalties. Any person violating this chapter shall be subject to civil enforcement
proceedings pursuant to Chapter 20.110 ECDC and/or criminal misdemeanor prosecution.
D. Abatement. The City may seek a warrant of abatement from Snohomish County
Superior Court authorizing City personnel and/or contractors to enter any premises containing a
public nuisance and abate said nuisance at the violator’s expense. Prior to obtaining such a
warrant, the City shall provide written notice to the responsible party by posting upon the subject
premises, mailing and/or personal delivery. Such notice may be combined with a Notice of Civil
{WSS701787.DOC;1/00006.900000/}
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Violation issued pursuant to Chapter 20.110 ECDC, and shall contain: (1) a description of the
public nuisance; (2) a reasonable deadline by which the responsible party must eliminate the
public nuisance; (3) a warning that the City may abate the nuisance at the responsible party’s
expense; and (4) a statement that the notice shall become a final order of the City if not appealed
to the hearing examiner within the time period specified in Chapter 20.110 ECDC. All costs
incurred by the City in abating a public nuisance, including but not limited to attorneys’ fees,
staff time and contractor expenses, shall be recovered from the responsible party. Abatement
may be exercised concurrently with or alternatively to the imposition of civil and/or criminal
penalties pursuant to subsection (C) of this section.
E. Summary Abatement. Notwithstanding any other provision of this chapter, the
City may, to the fullest extent legally permissible, summarily abate and/or take any action
necessary to eliminate any condition constituting an immediate threat to public health or safety.
F. Frivolous Complaint. Any person making a frivolous complaint under the
provisions of this chapter shall be guilty of a civil infraction punishable by a fine of not more
than five hundred dollars ($500). No complaint alleging violation of this section shall be filled
with the court until the alleged violator has received a written warning from the Director that
frivolous complaints may result in prosecution. If the person continues to pursue a frivolous
complaint or complaints, a charge may be filled.
6.20.060 Separate abatement proceedings for junk vehicles.
A. Statutes Adopted by Reference.
1. RCW 46.55.010(2), (3), (4), (6), (7), (8), (9), (10), (11) and (12) only;
2. RCW 46.55.070, Posting requirements – Exception;
3. RCW 46.55.090, Storage, return requirements – Personal belongings –
Combination endorsement for tow truck drivers – Authority to view impounded vehicle;
4. RCW 46.55.100, Impound notice – Abandoned vehicle;
5. RCW 46.55.110, Notice to legal and registered owners;
6. RCW 46.55.120, Redemption of vehicle – Sale of unredeemed vehicles;
7. RCW 46.55.130, Notice requirements public auction accumulation of
storage charges;
8. RCW 46.55.140, Operator's lien, deficiency claim, liability; and
9. RCW 46.55.230, Junk vehicles – Certification, notification, removal, sale.
C. Administrative Hearing Officer. All abatement hearings required under this
section shall be conducted by the hearing examiner. A decision made by the hearing examiner
under this section regarding abatement shall be final as to abatement. Any abatement hearing
under this section shall be considered a separate matter from any hearing regarding the
underlying violation outlined in the previous sections of this chapter. Provided, however, that
the hearing examiner may in his/her discretion combine such hearings if two separate rulings are
issued.
D. Abatement and Removal of Unauthorized Junk Motor Vehicles or Parts Thereof
from Private Property.
{WSS701787.DOC;1/00006.900000/}
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1. The storage or retention of an unauthorized junk motor vehicle or parts
thereof, as defined herein, on private property is hereby declared a public nuisance subject to
removal and impoundment. The development services director shall inspect and investigate
complaints relative to unauthorized junk motor vehicles, or parts thereof on private property.
Upon discovery of such nuisance, the community services director shall give notice in writing to
the last registered owner of record if identifiable and the property owner, of the violation of the
nuisance provisions and demand that both abate the nuisance or the vehicle will be removed and
costs will be assessed against them. The notice shall also inform both that a hearing before the
hearing examiner may be requested in writing, directed to the city clerk within 10 days of said
notice, and that if no hearing is requested within 10 days, the vehicle will be removed at their
expense.
2. If a request for a hearing is received, a notice giving the time, location,
and date of the hearing on the question of abatement and removal of the vehicle or parts thereof
as a public nuisance shall be mailed, by certified mail with a five-day return receipt requested, to
the owner of the land as shown on the last equalized assessment roll and to the last registered and
legal owner of record unless the vehicle is in such condition that the identification numbers are
not available to determine ownership.
3. The owner of the land on which the vehicle is located may appear in
person at the hearing or present a written statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the land, with reasons for the denial and
that she/he has not given consent for the vehicle to be located there. If it is determined at the
hearing that the vehicle was placed on the land without the consent of the landowner and that
she/he has not subsequently acquiesced in its presence, then the hearing examiner shall not
assess costs of administration or removal of the vehicle against the owner of the property upon
which the vehicle is located or otherwise order recoupment of such costs from the owner of the
property.
4. Costs of removal of vehicles or parts thereof under this section shall be
assessed against the last registered owner of the vehicle or automobile hulk if the identity of the
owner can be determined, unless the owner in the transfer of ownership of the vehicle or
automobile hulk complied with RCW 46.12.101, or the costs may be assessed against the owner
of the property on which the vehicle is stored, unless the property owner establishes the facts set
forth subsection 3 of this section.
5. This section shall not apply to:
a. A vehicle or part thereof that is completely enclosed within a
building in a lawful manner where it is not visible from the street or other public or private
property; or
b. A vehicle or part thereof that is stored or parked in a lawful
manner on private property in connection with the business of a licensed dismantler or licensed
vehicle dealer and is screened according to RCW 46.80.130.
{WSS701787.DOC;1/00006.900000/}
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6. After notice has been given of the city's intent to dispose of the vehicle
and after a hearing, if requested, has been held, the vehicle or parts thereof shall be removed at
the request of the community services director and disposed of to a licensed motor vehicle
wrecker or hulk hauler with written notice being provided to the Washington State Patrol and the
Department of Licensing that the vehicle has been wrecked or otherwise lawfully disposed of.
E. Owner of Record Presumed Liable for Costs when Vehicle Abandoned –
Exceptions.
1. The abandonment of any junk vehicle or hulk shall constitute a prima facia
presumption that the last owner of record is responsible for such junk vehicle and thus liable for
any costs incurred in removing, storing and disposing of said vehicle.
2. A registered owner transferring a vehicle shall be relieved from personal
liability under this chapter if within five days of the transfer she/he transmits to the planning
division a seller's report of sale on a form prescribed by the planning manager to show that the
vehicle had been transferred prior to the date notice was given to him/her of the need to abate.
F. Owner or Agent Required to Pay Charges – Lien.
1. Any costs incurred in the removal and storage of an impounded shall be a
lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid
by the owner or his/her agent if the vehicle is redeemed. In the case of abandoned vehicles, all
costs of removal and storage shall be paid by the owner or his/her agent if the vehicle is
redeemed, but if not redeemed, such costs shall be received from the proceeds of sale.
2. Either a registered or legal owner may claim an impounded vehicle by
payment of all charges that have accrued to the time of reclamation. If the vehicle was
impounded at the direction of a law enforcement agency, the person in possession of the vehicle
prior to the time of reclamation shall notify such agency of the fact that the vehicle has been
claimed, and by whom.
G. Written Impound Authorization Form. Whenever the development services
director impounds a vehicle pursuant to the provisions of this chapter, the director shall complete
an authorization form approved by the chief of police which specifies the section of this chapter
or Chapter 46.55 RCW authorizing the impound. In the alternative, a law enforcement notice of
infraction or citation for an offense which authorized the impound may be substituted at the
director’s discretion.
{WSS701787.DOC;1/00006.900000/}
Page 8 of 8
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AM-1750 1.B.
Continued Discussion on Townhouse Subdivisions
City Council Committee Meetings
Date:09/09/2008
Submitted By:Duane Bowman, Development Services Time:20 Minutes
Department:Development Services Type:Action
Committee:Community/Development Services
Information
Subject Title
Continued discussion on townhouse subdivisions.
Recommendation from Mayor and Staff
Refer the matter to the Planning Board for review and recommendation.
Previous Council Action
On August 5, 2008, the City Council upheld an appeal of a permit applicant regarding a Hearing
Examiner decision to deny a townhouse subdivision that was based upon a 2003 staff
interpretation. Concerns over setbacks and guest parking were expressed by the Council. The
Council asked that the matter be reviewed by the CS/DS Committee and that the matter be referred
to the Planning Board for review and recommendations for changes. The CS/DS Committee
reviewed this topic on August 12, 2008.
Narrative
This topic was continued from the August 12, 2008 to allow staff to do more research. Attached
are copies of cottage housing regulations from the cities of Spokane and Port Townsend. It is
intriguing that cottage housing may address the issue the best for development of small lot, single
family developments in multiple family zones. Coupled with looking into sustainable low impact
development, this could be a positive way for the city to develop good livable developments.
Fiscal Impact
Attachments
Link: Exhibit 1 - CS/DS Minutes 0801208
Link: Exhibit 2 - Spokane Cottage Housing Regulations
Link: Exhibit 3 - Port Townsend regulations
Link: Exhibit 4 - Port Townsend Cottage Picture
Form Routing/Status
Route Seq Inbox Approved By Date Status
Duane Bowman 08/22/2008 09:52 AM CREATED
1 City Clerk Sandy Chase 09/02/2008 01:34 PM APRV
2 Mayor Gary Haakenson 09/02/2008 01:36 PM APRV
3 Final Approval NEW
Form Started By: Duane
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Form Started By: Duane
Bowman
Started On: 08/22/2008 09:52 AM
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M I N U T E S
Community Service/Development Services Committee Meeting
August 12, 2008
Elected Officials Present: Staff Present:
Peggy Pritchard-Olson, Chair Duane Bowman, Dev. Services Director
D.J. Wilson, Councilmember
Michael Plunkett, Council President
Rob Chave, Planning Manager
Mike Thies, Code Enforcement Officer
Steve Koho, Treatment Plant Manager
The committee convened at 6:00 p.m.
A. Discussion on the consultant selection process for projects at the Treatment Plant.
Steve Koho, Treatment Plant Manager, introduced the topic. Mr. Koho indicated that he wanted to
insure a fair consultant selection process that could result in the best selection of a consultant for
designing an odor control system. Because of work that Mr. Koho had done with CH2M HILL, he felt
that it would be inappropriate to serve on the City’s consultant selection committee. He however did
not feel that it was fair to exclude CH2M HILL from submitting a proposal, especially if he did not
serve on the selection committee. The CS/DS committee thanked Mr. Koho for taking these steps to
insure a fair consultant selection process and agreed with the staff recommendation.
ACTION: The CS/DS recommends authorization to issue a Request for Qualifications (RFQ) to
design an Odor Control Improvement System at the City's Wastewater Treatment Plant and allow
CH2M HILL the ability to respond to this RFQ on the consent agenda.
B. Review proposed amendments to Edmonds City code Title 6 regarding property
nuisances.
Duane Bowman, Development Services Director, introduced the topic. He noted that one thing he
would like added was a provision for the Director to be able to reduce fines up to 50% if a violator
demonstrates cooperation in resolving a code violation. He reminded the Committee that the
overriding goal is to get code compliance. He then reviewed a memorandum from Scott Snyder,
City Attorney, going over recommended changes to the draft nuisance ordinance based upon
comments from the July 15, 2008 City Council public hearing. The changes included:
1. Revising Section 6.20.041 removing reference to boxes;
2. Expanding exceptions under Section 6.20.041 (G) dealing with storage and allowing
screening with a vegetative barrier;
3. Removing the term “rusted” from Section 6.20.042 (B)(2);
4. Providing an exception in Section 6.20.042 (C)(1) for maintained compost facilities in side
and rear yards;
5. Deletion of Section 6.20.043 regarding garbage, recycling and compost containers;
6. Discussion on Section 6.20.020(E) regarding three year old vehicles;
7. Discussion on adding a new subsection (F) under Section 6.20.050 regarding mediation; and
8. Discussion on draft language regarding frivolous complaints in Section 6.20.050(B).
The Committee did not have any comments on items 1 through 5. The Committee discussed the
issue of having a three year old vehicle as part of the criteria for defining a junk vehicle including
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CS/DS Committee Minutes
August 12, 2008
Page 2
using time periods of five or seven years. Mike Thies, Code Enforcement Officer, pointed out that
this is one section of the current code that is working and this has not yet ever been an issue. He
cautioned that there could be unintended consequences if a change is made. The Committee
agreed that since there have been no issues with the current language, no changes should be made
at this time. Duane Bowman noted that should a problem occur in the future the code could be
changed quickly since this would go straight to the City Council.
The Committee discussed the idea of adding mediation. Staff pointed out that we already give
information out regarding mediation. The question of funding mediation was discussed and Duane
Bowman pointed out that fines for code violation could help with this cost. He pointed out the
difficulty is getting both parties to agree to mediation. If one party refuses, it will not work. Council
member Wilson was not supportive of the City paying for mediation. Further, he noted that why
would a person want to undergo mediation when someone was in violation of the code. While the
Committee recognized the value of mediation, it could not support adding mediation to the code.
The Committee felt that it would be appropriate to add a fine for frivolous complaints to discourage
any type of harassing behavior. The Committee however wanted additional language adding a
warning letter process before fines would be imposed.
ACTION: The CS/DS committee directed staff to work with the City Attorney to finalize a draft
ordinance and bring it back to the CS/DS committee for review at the September committee
meeting.
C. Discussion on Townhouse Subdivisions.
Duane Bowman introduced the topic. He displayed photographs of four projects that have or are
being built in Edmonds. The Committee discussed the projects and pointed out that indeed most of
the issues are design related and not so much how ownership occurs through subdivision. Rob
Chave pointed out that the subdivision laws are primarily directed toward single family zoned
subdivisions and that different ownership requirements are now occurring in multiple family zoned
properties. He noted that indeed the real issue is design standards. Council member Wilson noted
that this is a form of affordable housing but the City needs to insure that these types of communities
are attractive, livable places that fit into development of the Edmonds community.
ACTION: Staff was directed to continue researching design code language and bring additional
information to the CS/DS Committee in September.
The Committee meeting adjourned at 7:10 p.m.
2
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Title 17C Land Use Standards
Chapter 17C.110 Residential Zones
Section 17C.110.350 Cottage Housing
A. Purpose.
The intent of cottage housing is to support the diversity of housing, increases the variety of housing
types for smaller households and provides the opportunity for small, detached single-family dwelling
units within existing neighborhoods.
B. Qualifying Situations.
Cottage housing developments are allowed on sites of one-half acre or larger with a minimum of six
units and a maximum of twelve units.
C. Procedure.
Cottage housing is allowed by Type II permit in the RA and RSF zones, subject to the compliance with
subsections (D) and (E) of this section. Design review of the site plan and each building permit
application is required.
1. A site plan depicting the building locations and orientation, open space, private open space,
fencing, landscaping, parking, setbacks, easements and compliance with subsections (D) and
(E) of this section is required be submitted with the Type II permit application. The site plan, if
approved, is required to be recorded at the Spokane county auditor’s office including deed
restrictions for the subject property that enforces the elements of the cottage housing
ordinance.
2. A homeowners’ association is required to be created for the maintenance of the open space,
parking area and common use buildings.
D. Site Development Standards.
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1. Floor Area.
a. The total floor area of each cottage unit shall not exceed one thousand square feet.
Total floor area is the area included with the surrounding exterior walls, but excluding
any space where the floor to ceiling height is less than six feet.
b. The maximum first floor or main floor area for an individual principal structure shall
be as follows:
i. For at least fifty percent of the units, the floor area may not exceed six
hundred fifty square feet; and
ii. For no more than fifty percent of the units, the floor area may be up to one
thousand square feet.
c. The total square footage of a cottage dwelling unit may not be increased. A note shall
be placed on the title to the property for purpose of notifying future property owners
that any increase in the total square footage of a cottage is prohibited for the life of
the cottage or the duration of the city cottage housing regulations.
d. Cottage areas that doe not count toward the total floor area calculation are:
i. unheated storage space located under the main floor of the cottage;
ii. architectural projections, such as bay windows, fireplaces or utility closets
no greater than eighteen inches in depth or six feet in width;
iii. attached roof porches (unenclosed);
iv. detached garages or carports;
v. spaces with ceiling height of six feet or less measured to the exterior walls;
and
vi. the director may approve other exemptions similar in nature provided the
intent of this section is met.
2. Lot Coverage.
The maximum lot coverage permitted for all structures shall not exceed forty percent.
3. Density.
The cottage housing development is permitted a twenty percent density bonus based on the
minimum lot size permitted in the base zone to a maximum of twelve units in the development.
To calculate the permitted density, divide the lot area by the minimum lot size of the base
zone, and then multiply that number by twenty percent. The transition lot size requirements of
SMC 17C.110.200(C) do not apply for purposes of calculating the number of units permitted in
a cottage housing development.
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4. Height.
The height for all structures shall not exceed eighteen feet. Cottage or amenity buildings
having pitched roofs with a minimum slope of 6:12 may extend up to twenty-five feet at the
ridge of the roof.
5. Porches.
a. Cottage housing units shall be oriented around and have the covered porches of main
entry from the common open space. Except, cottages adjacent to a public street shall
orient the front of the cottage to the street including placement of the porch. This
provision does not preclude the use of additional porches or architectural features of
the cottage from being oriented to the common open space.
b. Cottage housing units shall have a covered porch or entry at least sixty square feet in
size with a minimum dimension of six feet on any side.
6. Open Space.
a. The common open space must be at least two hundred fifty square feet per cottage
housing unit. Open space with a dimension of less than twenty feet shall not be
included in the calculated common open space.
b. Each cottage housing unit shall be provided with a private use open space of two
hundred fifty square feet with no dimension of less than ten feet on one side. It
should be contiguous to each cottage, for the exclusive use of the cottage resident,
and oriented toward the common open space.
c. The common open space is required to be landscaped prior to the occupancy of any
of the structures and shall be maintained by a homeowners association.
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7. Setbacks.
a. All structures shall maintain no less than ten feet of separation within the cluster.
Projections may extend into the required separation as follows:
i. Eaves may extend up to twelve inches.
ii. Minor appurtenances such as pipes, gas and electrical meters, alarm
systems, air vents and downspouts.
b. Setbacks for all structures from the property lines shall be an average of ten feet, but
shall not be less that five feet, and not less than fifteen feet from a public street,
similar to the front yard setback required of a standard detached single family
residence.
c. Cottage housing may be developed as condominiums, and shall not be allowed as
small lot subdivision.
8. Fences.
All fences on the interior of the development shall be no more than thirty-six inches in height.
Fences along the exterior property lines are subject to the fence requirements of SMC
17C.110.230. Chain link fences shall not be allowed.
9. Parking.
a. The required minimum number of parking stalls for each cottage housing unit shall be
provided as required for single-family in chapter 17C.230 SMC, Parking and Loading.
b. Parking shall be clustered and separated from the common area by landscaping
and/or architectural screen. Solid board fencing shall not be allowed as an
architectural screen.
c. Parking shall be screened from public streets and adjacent residential uses by
landscaping and/or architectural screen. Solid board fencing shall not be allowed as
an architectural screen.
d. Parking shall be set back a minimum of twenty feet from a public street.
e. Parking shall be located in clusters of not more than five adjoining spaces.
f. A pitched roof design is required for all parking structures.
10. Pedestrian Connectivity.
All buildings and common spaces shall be served by a pedestrian circulation system that
connects to an existing or planned sidewalk, public sidewalk or trail system.
E. Building Design Standards.
To prevent the repetitive use of the same combination of building features and site design elements
within a cottage housing development, and to help provide compatibility of the cottage housing
development with the character of the surrounding neighborhood, building and site design shall provide
variety and visual interest. The following are required to be provided within a cottage housing
development:
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1. Variety in Building Design.
The same combination of building elements, features and treatments shall not be repeated for
more than twenty percent of the total dwelling units in a cottage housing development.
Dwellings with the same combination of features and treatments shall not be located adjacent
to each other. For example, each dwelling in a six unit cottage housing development could
include a porch provided building elements such as the details of the porch, roof shape or
color, building color or materials, or building accents were varied to achieve visual interest. A
minimum of four of the following building elements, features, and treatments that provide
variety and visual interest shall be provided:
a. Additional porches and patios (required porch not included).
b. Varying roof shapes or gables between adjacent structures.
c. Windows with visible trim and mullions.
d. Roof brackets.
e. Dormers.
f. Fascia boards.
g. Bay windows.
h. Entry enhancement such as a well detailed door (multi-panel or glass insert), window
adjacent to front door, or roof extension.
i. Trellis.
j. Modulation.
k. Chimney (shown on the exterior of the house).
l. Variation in roof or building colors and materials, such as brick, stone or other
masonry as accents.
m. Variation in housing type and size.
n. Other building elements, treatments, features, or site designs approved by the code
administrator that provide variety and visual interest.
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2. Modulation and Articulation.
Modulation and articulation is achieve through a combination of changes in plan and materials
detailing. They function to add visual interest through shadows, human scale detailing and
textures while reuding the apparent mass and scale of the building. The use of these
techniques shall be varied between adjacent buildings.
a. Articulation is the giving of emphasis to architectural elements (like windows,
balconies, entries, etc.), that create a complimentary pattern or rhythm, dividing the
buildings into smaller identifiable pieces.
b. Modulation is a measured and proportioned inflection in a building’s face. Together
articulation, modulation and their interval create a sense of scale important to
residential buildings.
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Chapter 17.34
COTTAGE HOUSING DEVELOPMENT DESIGN STANDARDS
Sections:
17.34.010 Purpose and intent.
17.34.020 Applicability, application process, and design review.
17.34.030 Density, number of cottage housing units and minimum lot area.
17.34.040 Existing nonconforming structures and accessory dwelling units.
17.34.050 Building height.
17.34.060 Exterior trim and roof eaves.
17.34.070 Covered main entry porches.
17.34.080 Street facing facades.
17.34.090 Lot coverage area.
17.34.100 Impervious surface area – R-I zone limitation.
17.34.110 Cottage floor area.
17.34.120 Yards – Building setbacks from exterior lot lines.
17.34.130 Cottage housing development building separation.
17.34.140 Common open space.
17.34.150 Private open space.
17.34.160 Tree conservation.
17.34.170 Stormwater low impact development techniques.
17.34.180 Off-street parking.
17.34.190 Exterior lighting and heating/cooling equipment noise.
17.34.200 Required separation of cottage housing developments in the R-I and
R-II zoning districts.
17.34.210 Ownership and residential use of cottages.
17.34.220 Alternative site design.
17.34.010 Purpose and intent.
The general purposes of the cottage housing development design standards
are as follows:
A. A cottage housing development is an alternative type of detached housing
providing small residences for households of typically one to two individuals.
Cottage housing is provided as part of the city’s overall housing strategy which
intends to encourage affordability, innovation and variety in housing design and
site development while ensuring compatibility with existing neighborhoods, and to
promote a variety of housing choices to meet the needs of a population diverse in
age, income, household composition and individual needs.
B. The cottage housing development design standards contained in this
section are intended to create a small community of cottages oriented around
open space that is pedestrian-oriented and minimizes the visibility of off-street
parking. These design standards are intended to ensure that cottage housing
developments include pedestrian amenities and take advantage of existing
natural features on the site including topography and vegetation. The cottage
housing development design standards are intended to maintain traditional
cottage amenities and proportions and ensure that cottage housing
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developments contribute to the overall community character. Because there may
be alternative designs that meet the objectives of the design standards, Chapter
17.46 PTMC provides an alternative design review process to consider other
acceptable ways to accomplish the objectives of this section.
C. Cottage housing may allow higher residential density than is normally
allowed in the underlying zone district. This increased density is possible through
the use of smaller than average home sizes, clustered parking, and site design
standards.
D. Cottage housing developments proposed in the R-I zone are subject to
special density standards and additional conditional use permit approval criteria.
These special standards recognize that land located in the R-I zone is more likely
to have stormwater related constraints, contain or be located in close proximity to
environmentally sensitive areas, and/or lack full urban infrastructure at the time of
development.
E. All cottage housing developments are subject to current city stormwater
standards and shall incorporate stormwater low impact development techniques
whenever possible. (Ord. 2864 § 3, 2004).
17.34.020 Applicability, application process, and design review.
Applicability of this section, application procedure and the process for design
review is pursuant to Chapter 17.46 PTMC. (Ord. 2864 § 3, 2004).
17.34.030 Density, number of cottage housing units and minimum lot area.
A. In cottage housing developments the permitted densities shall be as follows:
Zoning District R-I Low Density
Residential
R-II Medium
Density Single-
Family
R-III Medium
Density Multifamily
Maximum Cottage Density 1 cottage dwelling
unit per 5,000 sf
1 cottage dwelling
unit per 3,333 sf
1 cottage dwelling
unit per 2,857 sf
Minimum number of cottages per
cottage housing development
4 4 4
Maximum number of cottages per
cottage housing development
8 12 14
Minimum lot size (accommodates 4
cottages)
20,000 sf 13,332 sf 11,428 sf
B. Projects that exceed the above maximums must be processed as planned
unit developments per Chapter 17.32 PTMC. (Ord. 2864 § 3, 2004).
17.34.040 Existing nonconforming structures and accessory dwelling units.
A. On a lot to be used for a cottage housing development, an existing
detached single-family residential structure, which may be nonconforming with
respect to the standards of this chapter, shall be permitted to remain, but the
extent of the nonconformity may not be increased. Such nonconforming dwelling
units shall be included in the maximum permitted cottage density.
1. Nonconforming dwelling units may be modified to be more consistent with
this chapter. For example, roof pitches may be increased consistent with PTMC
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17.34.050, but the building ground floor or total floor area may not be increased
greater than permitted by PTMC 17.34.110.
B. New accessory dwelling units (ADUs) are not permitted in cottage housing
developments. All residential units in a cottage housing development count
towards the maximum permitted density. An existing attached or detached ADU
that is accessory to an existing nonconforming single-family structure may be
counted as a cottage unit if the property is developed subject to the provisions of
this chapter. (Ord. 2864 § 3, 2004).
17.34.050 Building height.
A. Objective. Structures in cottage housing developments shall be designed to
be single story or single story plus a loft. Because the base density is higher and
building separation less than on typical residential lots, it is important to maintain
a feeling of adequate light and open space by providing more restrictive
maximum roof heights and roof proportion standards.
1. The maximum building height permitted for structures in cottage housing
developments shall be 18 feet.
2. The highest point of a pitched roof may extend up to 23 feet. (Ord. 2864
§ 3, 2004).
17.34.060 Exterior trim and roof eaves.
A. Objective. Cottage housing development structures shall be provided with
substantial exterior trim elements consistent with traditional northwest cottage
design and small home craftsmanship. Roofs in cottage housing developments
shall have eaves to recognize traditional northwest cottage design traits to
efficiently shed rain, and provide rain protection for exterior walls. Departures
from these standards (exterior trim and eave requirements) shall be reviewed
through the alternative design review process. Alternative exterior trim and eave
designs shall demonstrate a coherent cottage housing design based upon
traditional design principles including weather protection.
1. Window and door trim with a minimum width of three and one-half inches
shall be provided on all cottage housing developments structures.
2. Eaves of at least 12 inches shall be provided on all cottage structures on
at least two sides of each building. Where buildings are not square (one set of
exterior parallel walls are longer than the other), the eaves shall be provided on
the parallel walls that are the longest. (Ord. 2864 § 3, 2004).
17.34.070 Covered main entry porches.
A. Objective. All residences in cottage housing developments shall be provided
with a covered main entry porch to create a private outdoor space protected from
the weather and provide a transition from the interior private residential space to
the semi-private outdoor space. Covered porches shall be usable both in design
and dimension.
1. Cottage homes shall have a covered main entry porch with a floor area
measuring at least 60 square feet in size.
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2. The floor of the covered main entry porch shall have minimum
dimensions of not less than five feet in any direction (length or width). (Ord. 2864
§ 3, 2004).
17.34.080 Street facing facades.
A. Objective. The street facing facades of cottages in a cottage housing
development will contribute to the neighborhood by including attractive design
details such as windows, changes in materials, and views of front doors or
porches. The main entries of some cottages will be visible from the adjacent
streets to provide a visual pedestrian connection with the surrounding
neighborhood.
1. All cottages shall have street facing facades that avoid blank walls or
appear to “turn their backs” to the street. All cottages shall include one or more of
the following on-street facing facades:
a. Changes in exterior siding material and paint color;
b. Windows which may include bay windows; and/or
c. Building modulation with a depth measuring at least one foot.
2. At least one cottage shall have its front main entry door and/or front
porches visible from each street frontage. (Ord. 2864 § 3, 2004).
17.34.090 Lot coverage area.
A. Objective. Cottage housing developments shall not exceed underlying lot
coverage standards for the respective zoning district to maintain residential
neighborhood character and the balance of built structures to open spaces.
1. The maximum lot coverage permitted for all structures in cottage housing
developments shall not exceed the requirements for the underlying zoning district
contained in Table 17.16.030. (Ord. 2864 § 3, 2004).
17.34.100 Impervious surface area – R-I zone limitation.
A. Objective. Cottage housing developments located in the R-I zones shall limit
their impervious surface area in recognition of the stormwater and soil conditions
present in the R-I zone and to prevent adverse stormwater impacts.
1. Cottage housing developments in the R-I zoning district shall be limited to
an impervious surface area of 40 percent of the total site area (excluding rights-
of-way).
2. The use of paver stones, pervious pavement, grass-crete, or other types
of low impact stormwater development techniques are encouraged for walkways
and parking areas. (Ord. 2864 § 3, 2004).
17.34.110 Cottage floor area.
A. Objective. Structures in cottage housing developments shall be designed to
be single story or single story plus a loft. Residences in cottage housing
developments are primarily intended for one- and two-person households and
their occasional guests. Maintaining the maximum square footage of residences
in cottage housing developments is necessary to prevent overbuilding of the site
and to not exceed available off-street parking.
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1. The maximum ground floor area for an individual principal structure in a
cottage housing development shall be as follows:
a. For at least 50 percent of the units, the ground floor area may not
exceed 650 square feet.
b. For no more than 50 percent of the units, the ground floor area may be
up to 800 square feet.
c. The net total floor area of each cottage shall not exceed one and one-
half times the area of the main level. (Ord. 2864 § 3, 2004).
17.34.120 Yards – Building setbacks from exterior lot lines.
A. Objective. Exterior lot line building setbacks in cottage housing
developments are based upon setbacks in the R-II zoning district. These yard
setbacks are appropriate based upon the allowed density of cottage housing as
well as the small size of the structures. Flexible setbacks are allowed per the
discretion of the BCD and public works directors to obtain improved site design
and to avoid impacting existing physical features on the site such as trees.
1. Front yard and street side yard on corner lots shall be 10 feet:
a. Exception: The BCD director in consultation with the public works
director may authorize the setback averaging from the public right-of-way. In
such cases the setback average shall be 10 feet and at no point less than five
feet where the location of all structures, landscaping and other improvements will
not conflict with future improvements in the right-of-way. Fences may not be
placed in the right-of-way and are subject to Chapter 17.68 PTMC.
2. Rear Yard Building Setback. The minimum rear yard shall be 10 feet,
unless abutting an alley, then the minimum setback shall be five feet.
3. Side Yard Building Setback – Interior Lot Lines. The minimum side yard
setback shall be five feet for interior lot lines. (Ord. 2864 § 3, 2004).
17.34.130 Cottage housing development building separation.
A. Objective. Structures within cottage housing developments shall observe
minimum setbacks from other cottage housing development structures to avoid
overcrowding the site and to maintain a sense of privacy within the cottages
themselves.
1. All buildings within a cottage housing development shall maintain a
minimum separation of 10 feet from cottages within a cottage housing
development measured from the nearest point of the exterior walls. Accessory
buildings shall comply with building code requirements for separation from
noncottage structures. (Ord. 2864 § 3, 2004).
17.34.140 Common open space.
A. Objective. Open space that is commonly owned by all members of a cottage
housing development is an important feature of any site design. It is intended that
the open space be adequately sized and centrally located with individual cottage
entrances oriented towards the open space.
1. Common Open Space. A minimum of 400 square feet per cottage unit of
common open space is required. Parking areas, yard setbacks, spaces between
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buildings of 10 feet or less in width, private open space, and driveways do not
qualify as common open space.
2. Proximity to Common Open Space.
a. At least 50 percent of the cottage units shall abut a common open
space, all of the cottage units shall be within 60 feet walking distance measured
from the nearest entrance of the cottage along the shortest safe walking route to
the nearest point of the common open space. The common open space shall
have cottages abutting at least two sides.
b. For the purposes of cottage housing, “common open space” shall be
the central space that may be used by all occupants of the cottage complex.
(Ord. 2864 § 3, 2004).
17.34.150 Private open space.
A. Objective. Each residential unit in a cottage housing development shall be
provided an area of private open space. The private open space shall separate
the main entrance to the cottage from the common open space to create a sense
of privacy and shall be oriented to take advantage of solar orientation and other
natural features to create a small but pleasant private yard area. The private
open space may be separated from the common open space with a small hedge,
picket fence, or other similar visual separation to create a sense of separate
ownership.
1. Each cottage unit shall be provided with a minimum of 200 square feet of
usable private open space separated from the common open space by a hedge
or fence not to exceed 36 inches in height.
2. No dimension of the private open space shall be less than eight feet.
(Ord. 2864 § 3, 2004).
17.34.160 Tree conservation.
A. Objective. Cottage housing developments shall be designed to incorporate
existing trees to the extent possible. New trees shall be located to create
amenities in the common open space, private open space, provide shade where
appropriate, to create separation between buildings when desired, and to screen
and soften the perimeter of parking areas and street facing sides of cottage
housing developments.
1. Preservation of existing trees, and/or new trees, shall be provided
consistent with Chapter 19.06 PTMC, Article III, Standards for Tree
Conservation. Native trees and other vegetation shall be preserved to the extent
possible and the overall site design shall take advantage of the location of
existing trees as well as natural openings or clearings on forested sites. (Ord.
2864 § 3, 2004).
17.34.170 Stormwater low impact development techniques.
A. Objective. Cottage housing developments shall be designed to take
advantage of open space and landscaped features to utilize stormwater low
impact development techniques including natural filtration and on-site infiltration
of stormwater.
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1. Low impact development techniques for stormwater management shall
be used wherever possible. Such techniques may include the use of pervious
pavers in parking areas and for walkways, directing roof drains and parking lot
runoff to landscape beds, green or living roofs, and the use of rain barrels.
2. In the R-I zone, cottages shall be located so as to maximize natural
stormwater functions. In this zone, cottages shall be clustered and parking areas
shall be located to preserve as much contiguous, permanently undeveloped open
space and native vegetation as possible. (Ord. 2864 § 3, 2004).
17.34.180 Off-street parking.
A. Objective. Off-street parking space requirements for cottage housing
developments shall be less than normally required for detached single-family
residences. These reduced standards are based upon the cottages being smaller
than average detached single-family homes and on average containing fewer
occupants. Off-street parking shall be located and designed to be less visible
from frontage streets than the cottages themselves. Off-street parking shall be
designed to maintain a pedestrian character for the overall cottage housing
development. Clustering parking to the side or rear of a cottage project will most
often best accomplish these goals. However, on a site-specific basis, design
solutions other than clustering may be found to meet this objective through the
alternative design process. Parking areas shall be attractively landscaped to
screen parking from adjacent properties and street rights-of-way and shall meet
applicable parking lot landscape standards.
1. Parking Ratios.
Total Net Floor Area of Cottage or
Nonconforming Dwelling Unit
Ratio of Off-Street Parking Spaces Required per
Cottage or Nonconforming Dwelling Unit
Up to 1,000 square feet 1.25 parking spaces
1,001 to 1,200 square feet 1.5 parking spaces
Existing nonconforming single-family
residence
2 parking spaces
2. Off-Street Parking Location. Parking shall be located on the cottage
housing development property. Off-street parking lots shall be located to the side
or rear of the cottage housing development (see illustrations below). Parking lots
shall not be located between the cottage housing development and the primary
street frontage.
a. Off-Street Parking Screening. Off-street parking may be located in or
under a noncottage parking structure (such as a single or multi-auto carport or
garage), but such structures shall not be attached to individual cottages.
Uncovered parking is also permitted; provided, that off-street parking shall be
screened from direct street view from one or more street facades by garage
doors, or by a fence and landscaping.
b. Preferred locations for parking, in descending order of preference, are
as follows:
i. To the rear of cottage housing units accessed by an alley.
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ii. To the side of the cottage housing units access by a private
driveway.
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iii. Parking on the side (nonprimary street) screened from the side
street by either garage doors, landscaping, and/or fencing.
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c. Parking Lot Landscaping. Parking lot landscaping shall comply with the
requirements of PTMC 17.72.190. (Ord. 2864 § 3, 2004).
17.34.190 Exterior lighting and heating/cooling equipment noise.
A. Objective. Cottage housing developments should be designed to minimize
light and noise impacts both within the development and to adjacent properties.
1. Where provided, exterior lighting shall be mounted as low as possible,
pointed downward, and the light source shall be shielded from direct observation
from above, adjacent properties, and public rights-of-way. Lighting “spillover” to
adjacent properties shall be avoided.
2. Heating (and cooling, if applicable) equipment for cottage housing
developments shall be designed to cause little or no noise impacts within the
development and to adjacent properties. To help prevent noise problems, heat
pumps shall not be used for cottage housing developments. (Ord. 2864 § 3,
2004).
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17.34.200 Required separation of cottage housing developments in the R-I
and R-II zoning districts.
A. Objective. Cottage housing developments in single-family zoning districts
shall be separated from each other by a minimum distance to promote housing-
type diversity, to reduce potential cumulative impacts of cottage housing
development, and to help protect neighborhood character.
1. Each cottage housing development in the R-I or R-II zoning districts shall
be separated from any other cottage housing development in the R-I or R-II
zoning district by a distance of at least 1,000 feet or one block, whichever is
greater. (Ord. 2864 § 3, 2004).
17.34.210 Ownership and residential use of cottages.
A. All cottage housing developments shall be developed utilizing the
procedures of Chapter 18.20 PTMC, Binding Site Plans, except that an
association, cooperative or other similar ownership technique may be substituted
for the requirement of residential condominiums. Appropriate documentation of
formal legal ownership of the development shall be recorded with the Jefferson
County auditor’s office.
B. Cottages are for residential use only and may not be operated as transient
accommodations. (Ord. 2864 § 3, 2004).
17.34.220 Alternative site design.
It is possible that an alternative design may fulfill the intent of this chapter while
not complying with the provisions herein. Requests for alternative designs shall
be processed pursuant to Chapter 17.46 PTMC, Commercial, Multifamily,
Cottage Housing Developments, and Mixed Use Architectural and Site Design
Review Processes. (Ord. 2864 § 3, 2004).
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AM-1749 1.C.
Discussion on Attached Garage Regulations
City Council Committee Meetings
Date:09/09/2008
Submitted By:Duane Bowman, Development Services Time:20 Minutes
Department:Development Services Type:Action
Committee:Community/Development Services
Information
Subject Title
Discussion on attached garage regulations.
Recommendation from Mayor and Staff
If the CS/DS Committee believes this should move forward before the zoning code rewrite of
Chapters 16 & 21 of the Edmonds Community Development Code (ECDC), direct staff to initiate
code amendment.
Previous Council Action
The City Council has heard under audience comments on more than one occasion complaints
about a two story attached garage being constructed. Photographs of the garage are attached as
Exhibit 1.
Narrative
This matter has been raised due to a building permit that was issued for an attached two story
garage that a number of neighboring property owners have objected to. The garage will be
connected to the existing attached carport and house. Because it is "attached", the property owner
is able to take advantage of the 25 foot height limit instead of the 15 foot height limit for detached
accessory buildings.
The situation does raise a valid policy issue. Does the City want to allow structures like garages
to get maximum building height when they are connected by things like breezeways, etc.?
Exhibit 2 is an example of some draft language which would address this issue. If the CS/DS
committee feels that it is appropriate to move this forward to the Planning Board outside of the
code rewrite process for Chapters 16 & 21 of the ECDC (Definitions), staff requests direction to do
so.
Fiscal Impact
Attachments
Link: Exhibit 1 - Garage Pictures
Link: Exhibit 2 - Draft Code Amendment language
Form Routing/Status
Route Seq Inbox Approved By Date Status
Duane Bowman 08/22/2008 09:05 AM CREATED
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Duane Bowman 08/22/2008 09:05 AM CREATED
1 City Clerk Sandy Chase 09/02/2008 01:34 PM APRV
2 Mayor Gary Haakenson 09/02/2008 01:36 PM APRV
3 Final Approval NEW
Form Started By: Duane
Bowman
Started On: 08/22/2008 09:05 AM
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21.05.045 Attached.
Attached means any structure sharing a common wall or roof in common with another
structure. (New Definition)
16.20.050 Site development standards – Accessory buildings.
B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting
antennas and their supporting structures. Garages attached by a breezeway or other
connection to the primary house may not exceed the 15 foot height limit. (New)
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