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2018-06-10 Land Use Criteria Statement_EMW.pdf Land Use Permit Criteria Statement Edmonds Waterfront Re-development: Edmonds Marine Walkway June 11, 2018 To identify the appropriate Land Use criteria, the following documents were used to determine applicable designations for the Edmonds Marine Walkway: A. City of Edmonds Zoning Map, Revised November 2, 2017 Project site is located in a CW - Commercial Waterfront zone. B. City of Edmonds Comprehensive Plan Map, Revised July 15, 2015 Project site is designated at Shoreline Commercial and lies within the Downtown / Waterfront Activity Center. C. City of Edmonds Shoreline Master Program Designation Map, Updated 08-25-2014 Project site is designated as Urban Mixed Use I. D. City of Edmonds: Parks, Recreation and Open Space Plan, Updated Dec. 6, 2016 Existing Senior Center site is designated as a Regional Park. Note: All text below in italics is excerpted from the Edmonds City Code and Community Development Code. This document pertains to code compliance of the proposed Edmonds Marine Walkway, at the Edmonds Waterfront Center. See accompanying Edmonds Waterfront Center Land Use Permit Criteria Statement for code compliance of the Edmonds Waterfront Center and Edmonds Waterfront Re-development: Walkway over Water Land Use Permit Criteria Statement for code compliance of Edmonds Walkway Over Water. The proposed Edmonds Marine Walkway redesign and shoreline restoration meet the criteria of the applicable code sections as described below: Commercial Waterfront Zone - ECDC 16.55.000 Purposes A. To reserve areas for water-dependent and water-related uses and for uses which will attract pedestrians to the waterfront; The project reserves and improves upon the water-dependent and water- related uses and attracts more pedestrians to the waterfront by: - Eliminating a bulkhead that extends into the natural shoreline. - Relocating a portion of the walkway that is over the bulkhead to be further upland, providing an opportunity for a new beach habitat restoration area. - Providing improved access from the parking area to the beach via new stairs and an accessible ramp. C. To ensure physical and visual access to the waterfront for the public. The project ensures physical and visual access to the waterfront for the public by: - Enhancing the existing physical access to the waterfront with accessible routes including new staircases and a ramp to the beach. - Featuring the waterfront views in key community spaces. Commercial Waterfront Zone - ECDC 16.55.010 Uses A. Permitted Primary Uses 6. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. The redesigned section of the Edmonds Marine Walkway and the shoreline restoration will create natural spaces and community parks. As well, the walkway will increase circulation between other community parks along the waterfront. C. Secondary Uses Requiring a Conditional Use Permit 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. The site is designated as a Regional Park in the City of Edmonds Parks, Recreation and Open Space Plan. A Conditional Use Permit is being pursued as part of this Land Use Permitting submittal. Community Facilities - ECDC 17.100.070 Parks Facilities A.2. Regional parks and community parks without an adopted master plan require approval of a conditional use permit. The project’s proposed primary use is recreational / Regional Park and project team is pursuing a conditional use permit via this land use application. The open space development goals of this project are part of the stated goals for the City of Edmonds Shoreline Master Program. Plant Schedule – ECDC 20.13.015 B. Minimum height for medium and tall shrubs is 18" Maximum height for small shrub is less than 3.5' tall at maturity; Medium shrub shall be between 3.5'-6' tall at maturity; Large shrub shall be more than 6' tall at maturity. All size requirements are being met in the proposed planting schedule D. Maximum spacing for large shrubs is 6' O.C. Maximum spacing for medium shrubs is 4.5' O.C. Maximum spacing for small shrubs is 3' O.C. All spacing requirements are being met in the proposed planting schedule E. Ground cover is required in all areas. Ground cover shall be living plant material approved by the ADB. Spacing for ground cover is as follows: Spacing for 1 gal. pots is 30" O.C. All spacing requirements and plant conditions are being met in the proposed planting schedule General Design Standards – ECDC 20.13.020 A. Preference shall be given to an informal arrangement of plants installed in a variety of treatments that will enhance building designs and attractively screen parked vehicles and unsightly areas, soften visual impact of structures and enhance views and vistas. Plant arrangements are of an informal manner and are meant to enhance views and vistas. C. Existing vegetation that contributes to the attractiveness of the site should be retained. Existing significant trees and shrubbery (six-inch caliper or more) must be shown on the proposed landscape plan and saved and incorporated into the landscape plan, if they are reasonably attractive and of good quality. The area in question has no existing vegetation. H. All plants shall be compatible with the character and climate of the Pacific Northwest. Shrubs and/or groundcover are required to provide 75 percent ground coverage within three years. All proposed plantings are compatible with the Pacific Northwest and will provide 75% coverage within 3 years. P. Species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant views and height limit for the zoning district. Significant views in the site are being maintained. Shoreline Environments ECDC 24.30 According to Appendix A of the Shoreline Master Program there are two shoreline jurisdictions for the project site: Waterward of OHW is designated Aquatic 1 and Landward of OHW is designated Urban Mixed Use 1. D.3. Uses and activities within the aquatic I and II environments should be compatible with the adjoining shoreline environments The proposed uses and activities for the aquatic 1 jurisdiction in this site are compatible with the adjoining shoreline environments. To the north of the site is a continuation of the Edmonds Marine Walkway that passes in front of a commercial building. To the south of the site is an aquatic 1 jurisdiction that also provides recreational access to the waterfront via passive use public beaches. To meet these adjacent sites, the proposed project is providing recreational access to the waterfront via passive use public beaches. D.6. Uses and activities within aquatic I shoreline environments should be limited to public access, boat moorage, and necessary utility and transportation facilities. The proposed site only allows public access to the area with aquatic 1 jurisdiction. D.7. All developments and uses should consider impacts to public views. The public view is being considered and protected per ECDC 24.40.040 Public Access and Views. D.8. All developments and uses should allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. The designed response to the needs of fish and Wildlife are covered in the accompanying Critical Areas Report and Biological Evaluation Report. Shoreline, Critical Areas ECDC 24.40.020 Within the shoreline there are several environmentally critical designations: • Frequently Flooded Area • Fish and Wildlife Habitat Conservation Area • Landslide and Erosion Hazard Area The consideration and response to the first two designations are covered in the accompanying Critical Areas Report and Mitigation Plan, prepared for the City of Edmonds by Herrera Environmental Consultants, Inc., dated September 21st, 2017 and Biological Evaluation for Informal ESA Consultation, prepared for the City of Edmonds by Herrera Environmental Consultants, Inc., dated September 5th, 2017. The consideration and response to Landslide and Erosion Hazard Area designation is covered in the accompanying Geotechnical Engineering Report, prepared for the City of Edmonds, by Landau Associates, dated August 4th, 2017. Shoreline, Flood Hazard Reduction ECDC 24.40.030 This section of the modified Marine Walkway is being raised to the maximum extent feasible in order to meet and match grades of the adjacent existing walkway. General Policies and Regulations - ECDC 24.40.040 Public Access and Views A. 1.a. Conditional uses shall provide public access where the use will create increased demand for public access to the shoreline. Demand for access to the shoreline will most likely increase as the Edmonds Senior Center is upgraded to a new, multi-use, Edmonds Waterfront Center, parking lot, and frontage. Access will be significantly increased due to the new features inherent in the design of the beach restoration, “…allowing the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations.” (ECDC 24.40.040 A.) Please see Sheet L4.0 for site plan. Replacement of the existing parking / bulkhead with steps and an accessible ramp to a beach restoration area will improve public access to the shoreline and help support an increase in use. General Policies and Regulations - ECDC 24.40.050 Shoreline Vegetation Conservation A.1. Vegetation conservation includes activities to protect and restore vegetation along or near marine and freshwater shorelines that contribute to the ecological functions of shoreline areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. Restoration of vegetation is part of the beach restoration where the bulkhead removal is taking place. See sheet L5.3 for more information about the planting plan. B.3. Exposed soils shall be immediately developed or revegetated to prevent erosion. Exposed soils as a result of the bulkhead removal are being covered immediately by a layer of beach stabilization fill and then a layer of sand. The sand is then being planted with native vegetation. General Policies and Regulations - ECDC 24.40.060 Water Quality, Stormwater, and Nonpoint Pollution An erosion and sediment control plan is not needed for this permit submittal, but will be provided at a future phase. Please see the accompanying Drainage Memo for consideration and response to all Stormwater Code requirements by the city. Specific Modification Policies and Regulations - ECDC 24.50.020 C.2. Structural stabilization methods shall be permitted when necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. The proposed project is modifying the shoreline to increase the amount of ecological and natural site conditions. This is being accomplished with a variety of both soft and hard shoreline stabilization methods. D.1.a. Limit the size of stabilization measures to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. Ecological function is being increased through restoration through the use of soft approaches such as plantings and anchored large woody debris. As well, the removal of the bulkhead allows for a reduction in scouring and hard approaches to stabilization. D.1.b. Ensure that publicly financed or subsidized shoreline erosion control measures do not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. Where feasible, incorporate ecological restoration and public access improvements into the project. Public access in not being restricted, nor ecological function being inhibited, by the proposed shoreline stabilization measures. Public access is being increased and ecological restoration is being incorporated into the project. D.3. Bulkheads and other shoreline protective structures may not be placed waterward of the ordinary high water mark, unless:… All stabilization measures are being located landward of OHW M. D.4. Bulkheads and other shoreline protective structures shall be located landward of the ordinary high water mark and generally parallel to the natural shoreline unless geotechnical evaluation demonstrates the necessity for alternative design. In addition:… Anchored logs are being used to protect the new restoration area. They are located landward of OHW and are parallel to the natural shoreline. D.7.a. (If hard stabilization methods are employed the following design criteria shall be met) (a) The size and quantity of the material shall be limited to the minimum necessary to withstand the estimated energy intensity of the hydraulic system; Boulder armament is being limited to the minimum necessary for protection of the proposed beach and stairs from sediment drift and tidal scouring. D.7.c. The toe reinforcement or protection must be adequate to prevent a collapse of the system wave action Engineered structural pilings will be used to reinforce the stairs and wall at the waterfront walkway to prevent collapse from system wave action. D.7.d. Fish habitat components shall be considered in the design subject to hydraulic project approval by the Washington Department of Fish and Wildlife. Please see the accompanying Critical Areas Report and Mitigation Plan, prepared for the City of Edmonds by Herrera Environmental Consultants, Inc., dated September 21st, 2017 and Biological Evaluation for Informal ESA Consultation, prepared for the City of Edmonds by Herrera Environmental Consultants, Inc., dated September 5th, 2017 for the design consideration and responses to fish habitat needs. D.8. When hard stabilization measures are required at a public access site, provision for safe pedestrian access to the water shall be incorporated into bulkhead design. Safe access is being provided to pedestrians through concrete stair cases that have hand rails as well as a concrete ADA ramp. Both of these approaches account for seasonal beach level fluctuations. Specific Use Policies and Regulations - ECDC 24.60.060 Recreational Development A. This master program gives priority to recreational development that is primarily related to access to, enjoyment and use of the water and shorelines of the state. This project is providing access for enjoyment and use of the shorelines of the state by improving accessible routes and pedestrian connectivity and circulation along the Edmonds waterfront and Marine Walkway. B.1. Encourage the coordination of local, state, and federal recreation planning so as to mutually address recreational needs. Shoreline recreational development should be consistent with all adopted park, recreation, and open space plans. Coordination is happening with state and Federal permitting agencies. The project’s connection of the Marine Walkway is consistent with goals of the City of Edmonds Comprehensive Plan which includes the Parks, Recreation and Open Space Plan, the Community Cultural Plan, the Streetscape and Street Tree Plan, and the Edmonds Shoreline Master Program. B.2. Encourage the linkage of shoreline parks, recreation areas, and public access points in a linear system, such as hiking paths, bicycle paths, and scenic drives. This project is providing improvements to the Waterfront Trail, linking together several parks along the Edmonds waterfront. Completion of the Walkway Over Water, immediately south of this site, will provide improved connectivity to Marina Beach Park, the Port of Edmonds Marina, Port of Edmonds Plaza, Olympic Beach Park, the Edmonds fishing pier, and other southern waterfront amenities. Improvements to the Edmonds Marine Walkway will support existing connectivity to existing shoreline and recreational uses to the north including Brackett’s Landing South, Brackett’s Landing North, the Edmonds Underwater Park, and the Edmonds Ferry Terminal. B.3. Locate and design recreational developments in a manner that preserves, enhances, or creates scenic views and vistas. Views are being preserved per the requirements of ECDC 24.40.040 C.11.a. Vistas and other opportunities for scenic views will be increased along the waterfront. B.4. Locate and design recreational facilities to minimize adverse impacts including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance. This project proposes the removal of the existing parking lot bulkhead (an impervious, pollution-generating surface) and replaces it with a beach habitat restoration area. Two existing outfalls, which are currently on the water-facing side of the parking lot bulkhead, will be relocated further landward with energy dissipaters and tide gates, minimizing the impact of run-off to the beach. Stormwater runoff is being mitigated upstream from this site through a variety of bioretention facilities in the adjacent Edmonds Waterfront Center parking lot, which will filter the water before entering Puget Sound. For more information on the proposed stormwater approach, please see the accompanying Drainage Memo. Public access to the beach is being improved through stairs and an ADA ramp. Vegetation is being dramatically increased when compared to the existing parking and bulkhead structure. B.5. Encourage physical and visual access to shorelines and surface waters. Visual and physical access to shorelines is being encouraged by adding additional points of access. C.1.a-d Prohibited recreational uses and developments. None of the listed prohibited recreational uses are being designed for in this project. C.2 Recreational facilities shall make adequate provisions for: a. Vehicular and pedestrian access, both on site and off site; Vehicular and pedestrian access, both on site and off site are provided at the adjacent/connected Edmonds Waterfront Center project. b. Vehicular traffic, both inside and outside the facility; Vehicular traffic, both inside and outside the facility are provided at the adjacent/connected Edmonds Waterfront Center project. c. Vehicular parking; Vehicular parking is provided at the adjacent/connected Edmonds Waterfront Center project. e. The prevention of overflows and trespasses onto adjacent properties; The prevention of overflows and trespasses onto adjacent properties is currently provided and will be maintained. f. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties; Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties are provided for at the adjacent/connected Edmonds Waterfront Center project. g. Security; Security is provided for with adequate lighting and incorporation of CPETD (Crime Prevention Through Environmental Design) principals. g. Maintenance; Maintenance will be provided by the City of Edmonds. Utilities – ECDC 24.60.090 B.2. New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless this location is reasonably necessary for the efficient operation of the utility facility or service. All stormwater infrastructure meet these requirements. B.3. Utilities should be located and designed to avoid negative impacts to public recreation and public access areas and significant natural, historic, archaeological or cultural resources. All stormwater infrastructure meet these requirements. B.4. All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights-of-way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of- way acquisition should also be coordinated with transportation and recreation planning. All stormwater infrastructure meet these requirements. B.5. Utilities serving new development should be located underground, wherever feasible. All stormwater infrastructure meet these requirements B.7. Utilities should be designed and developed to preserve scenic views and aesthetic qualities of the shoreline area All stormwater infrastructure meet these requirements C.2. Except where infeasible, all utility lines, pipes, conduits, meters, vaults and similar infrastructures and appurtenances must be placed underground consistent with the standards of the serving utility. All stormwater infrastructure meet these requirements. C.6. Utilities may not be located waterward of the ordinary high water mark unless no practicable alternative exists and this location is essential to the operation of the utility. This project proposes some utility work waterward of OHWM. Two (2) existing stormwater outfalls are being relocated from their current locations, along the water- side edge of the parking lot bulkhead, to be further landward, and must be held at their existing elevations, which sets them below OHWM. Their impacts to the shoreline environment will be improved with the use of boulders as energy dissipaters and tide gates. C.10. Utility developments shall be located and designed so as to avoid, to the extent practicable, the need for any structural or artificial shoreline modification works for the life of the project The utilities in this project are not creating a need for artificial shoreline modifications.