Loading...
23330-Hwy99_3RetailBldgs.pdfCITY OF EDMONDS 121 5"' Avenue North - Edmonds, WA 98020 Phone: 425.771.0220 - Fax: 425.771.0221 - Web.- wwwdedrnondsma. us 19 DEVELOPMENT SERVICEs DEPARTMENT: PLANNING DivisioN ,q 1J Date: Pre -Application Meeting Auqust 1, 2007 Review By: Gina Coccia, Planning Division Project Name: Clay Enterprises (PRE-2007-0014) Site Address: 23330 Highway 99 (Annexed 12/01/1997) Zone: General Commercial (CG) Contact: Thomas Thompson, AIA Description: 3 New Single -Story Retail Buildings (7520 sf + 4200 sf + 3500 sf) Land Use & Development Standards Proposed Use: 15,220 square feet of retail — a primary permitted use, pursuant to ECDC 16.60.010.A. Parking: Subject to the parking requirements found in ECDC 17.60.020.B.1, retail stores require one space per 300 square feet. If the retail space is 15,220 square feet, then 51 (50.73) spaces will be required. 52 spaces are shown, which would meet this requirement. Height: 60 feet as measured from average original grade. Estimated height is unknown, but each buildign is proposed as one single -story. Highway 99 2341h Street SW Side Setbacks CG Street Setback (East) Street Setback (South) (North I West Setbacks Required 4'fully landscaped .4' fully landscaped 01/15, Setbacks Shown 12' 17' 3'/ 15' Setbacks: Because this site is adjacent to R-zoned property to the west, a 15' setback is required. Also, the street setbacks need to be fully landscaped (a landscape plan will be required). "Type 111" landscaping is required along the northern property line. Environmental Regulations SEPA Review Required: Project indicates 15,220 square feet of new space — all projects with over 4,000 square feet require SEPA review. An Environmental Checklist, along with the $420 review fee, will be required with submittal. Contact a planner if you have any questions about the SEPA process. Critical Area Determination: Please submit a Critical Areas Checklist ($135) at your earliest convenience so that staff can determine if there are any critical areas (streams, wetlands, or geologically hazardous areas) on or adjacent to this property that could impact development (attached). L:\TEMP\Gina\Pre App\23330-Hwy99-3Retai]Bldgs.doc Page I of 2 Design Architectural Design Board (ADB) Review Required: Design Review by the ADB is required if the project exceeds the 60' height limit, pursuant to ECDC 16.60.030 and 20.12 and requires a two phase public hearing process — otherwise, it would be an "Administrative Design Review"done by staff prior to or with the building permit, pursuant to ECDC 16.60. Please review ECDC 20.12 (District Based Design Review), 20.13 (Landscaping), and ECDC 16.60 (General Commercial) for the land use requirements. The staff review would be an administrative "Staff Decision." No elevations have been provided for review. Comprehensive Plan Designation: "Highway 99 Corridor." Landscaping: - Pursuant to the new requirements set forth in ECDC 20.13 and also ECDC 16.60.030 (attached). The Designated Street Tree for Highway 99 can be any of the following (refer to page 123 of the Edmonds Streetscape Plan for more information): • Acerrubrum 'Armstrong'l Armstrong Maple • Acerplatanoides'Columnare'l Columnar Norway Maple • Nyssa sylvatica I Tupelo Signage: No signage shown. Signs are subject to ECDC 20.60 and require a sign permit. Questions / Notes 0 Please verify that the height of the buildings will remain under 60'. Please submit a Landscape Plan for review — note that there is a 4' "fully landscaped" street setback, the parking lots require "Type W landscaping, "Type //1" is required along the north, etc (ECDC 16,60.030.A), • Note pedestrian pathway requirements in ECDC 16.60.030.B.3. • I've marked up the attached CG zone language that you'll especially need to review for your project (see especially site design and layout, and building design and massing). Attachments • ECDC 16.60 — General Commercial (CG) Zone. • ECDC 20.12 — District -Based Design Review. • ECDC 20.13 — Landscaping Requirements. • Land Use Application. • Adjacent Property Owner (APO) list. • Environmental (SEPA) Checklist. • Critical Areas Checklist. L:\TEMP\Gina\Pre App\23330-Hwy99_3RetailBldgs.doc Page 2 of 2 0006,900000 WSS/gjz 1/3/07 ORDINANCE NO. *6 (0 2-P57* AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO REPEAL CHAPTER 16.60 RELATING TO GENERAL COMMERCIAL ZONES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has reviewed suggested changes to the CG and CG2 Zones; and WHEREAS, following public hearing and with the recommendation of its Planning Board, the City Council finds it to be in the public interest to amend the requirements applicable to the General Commercial zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Chapter 16.60 General Commercial: CG and CG2 Zones is hereby repealed and reenacted to read as follows: Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Sections: 16.60.000 CG and CG2 zones. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards — General. 16.60.030 Site development standards — Design Standards. 16.60.040 Operating restrictions. (WSS649269.DOC, I /00006.900DO0/) 16.60.000 CG and CG2 zones. This chapter establishes the general commercial zoning district comprised of two distinct zoning categories which are identical in all respects except as specifically provided for in ECDC 16.60.020(A). 16.60.005 Purposes. The CG and CG2 zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage the development and retention of commercial uses which provide high economic benefit to the city. Mixed use and transit -oriented developments are encouraged which provide significant commercial uses as a component of an overall mixed development scheme. B. Improve access and circulation for people by encouraging a development pattern that supports transit and pedestrian access. Improve vehicular circulation and access to support business and economic development. C. Provide and encourage the opportunity for different sections along the Highway 99 corridor to emphasize their unique characteristics and development opportunities rather than require the corridor to develop as an undifferentiated continuum. New development should be high -quality and varied — not generic — and include amenities for pedestrians and patrons. D. Encourage a variety of uses and building types. A variety of uses and building types is appropriate to take advantage of different opportunities and conditions, Where designated in the Comprehensive Plan, the zoning should encourage mixed use or taller high-rise development to occur. E. Encourage development that is sensitive to surrounding neighborhoods, Protect residential qualities and connect businesses with the local community, Pedestrian connections should be made available as part of new development to connect residents to appropriate retail and service uses. F. New development should be allowed and encouraged to develop to the fullest extent possible while assuring that the design quality and amenities provided contribute to the overall character and quality of the corridor. Where intense development adjoins residential areas, site. design (including buffers, landscaping, and (WSS649269.DOC, 1 /00006.900000/) -2- the arrangement of uses) and building design should be used to minimize adverse impacts on residentially -zoned properties. G. Upgrade the architectural and landscape design qualities of the corridor. Establish uniform signage regulations for all properties within the corridor area which provide for business visibility and commerce while minimizing clutter and distraction to the public. Make the corridor more attractive and pedestrian - friendly (e.g., add trees and landscaping) through a combination of development requirements and — when available — public investment, H. Within the Corridor, highrise nodes designated in the Comprehensive Plan should provide for maximum economic use of suitable commercial land. Highrise nodes should be: Supported by adequate services and facilities; Designed to provide a visual asset to the community through the use of distinctive forms and materials, differentiated facades, attractive landscaping, and similar techniques. Designed to take advantage of different forms of access, including automobile, transit and pedestrian access. Designed to provide adequate buffering from lower intensity uses and residential neighborhoods. 16.60.010 Uses. A. Permitted Primary Uses. I , All pen-nitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection C of this section or limited by subsection D of this section; 2. Any additional use except as specifically prohibited by subsection C of this section or limited by subsection D of this section; 3. Halfway houses; 4. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. fWSS649269.DOC; 1 /00006,900000/1 -3- B. Permitted Secondary Uses, I . Off-street parking and loading areas to serve a permitted use. 2. Storage facilities or outdoor storage areas secondary or integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales. Such outdoor storage or display areas shall be designed and organized to meet the design standards for parking areas for the CG zone, contained in this Chapter. C. Prohibited Uses. 1. Residential Uses located within the first or second story of any structure, in areas designated "Highway 99 Corridor" or "High-rise Node" on the comprehensive plan map. There are two exceptions to this prohibition: a. Residential uses may be allowed as part of large-scale mixed use developments, as described in Section 16.60.020.13; and, b. Residential uses are allowed on the second floor of buildings that are not located in areas designated as "High-rise Node" on the comprehensive plan map and which are not located on lots that have frontage on Highway 99. 2. Mobile Home parks. 3. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted commercial or residential use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. I . Aircraft landings as regulated by Chapter 4.80 ECC; 16.60.015 Location standards for sexually oriented businesses. All sexually oriented businesses shall comply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (a) expressive dance; (b) plays, operas, musicals, or other dramatic works; (c) classes, (WSS649269. DOC; 1/00006.900000/) -4- seminars, or lectures conducted for a scientific or educational purpose; (d) printed materials or visual representations intended for educational or scientific purposes; (e) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (f) nudity within a hospital, clinic, or other similar medical facility for health -related purposes; and (g) all movies and videos that are rated G, PG, PG-13, R, and NC- 17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: I . No sexually oriented business shall be located closer than 300 feet to any of the following protected zones whether such protected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the following protected uses whether such protected use is located within or outside the city limits: a. A public park; b. A public library; C. A nursery school or preschool; d. A public or private primary or secondary school; e.. A church, temple, mosque, synagogue, or other similar facility used primarily for religious worship; and f. A community center such as an amusement park, public swimming pool, public playground, or other facility of similar size and scope used primarily by children and families for recreational or entertainment purposes; 9. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital district. (WSS649269.DOC� 1/00006.900000/) -5 3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within or outside the city limits. B. Measurement. The separation requirements shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section, to the nearest physical point of the tenant space occupied by a sexually oriented business. C. Variance From Separation Requirements. Variances may be granted from the separation requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: I . The natural physical features of the land would result in an effective separation between the proposed sexually oriented business and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented business complies with the goals and policies of the community development code; 3. The proposed sexually oriented business is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section, 16.60.020 Site development standards — General. A. Table. Except as hereinafter provided, development requirements shall be as follows: WSS649269.DOC� 1/00006.9000001) -6- Minimum LotArea Minimum LotWidth Minimum Street Setback Minimum Side/Rear Setback Maximum Height Maximum Floor Area CG Nono None 4 2 None' 60 0 None [662—��4ene__� - None f— 'r, jNjullv, 1 [5- 1-4131lu ---)0 ' Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions established by any other provision of this code. 2 Street setback area shall be fully landscaped. 3 None for structures located within an area designated as a high-rise node on the Comprehensive Plan map. B. Mixed Use Developments. I . A mixture of commercial and residential uses, including residential uses located on the first or second floors of buildings, may be permitted for developments meeting the following requirements: a. The proposed development's combined site area is at least two (2) acres. b. Floor area equivalent to the combined total leaseable area of the first (ground) floor for all buildings located on the site is devoted to commercial use. This commercial floor area may be provided in any manner desirable on -site, except that for all buildings oriented to and facing frontage streets, the street -facing portions of the ground floor shall be occupied by commercial uses. Parking area(s) are excluded from this calculation. This requirement is not intended to require commercial uses facing service drives, alleys, or other minor access casements that are not related to the main commercial streets serving the site. -*0 16.60.030 Site development standards — Design Standards. .Design review by the Architectural Design Board is required for any project that includes buildings exceeding 60 feet in height in the CG zone or 75 feet in height in the CG2 zone. Projects not exceeding these height limits may be reviewed by staff as a staff decision. Regardless of what review process is required, AILI proigets proposed in the CG or CG2 zone must meet the design standards contained in this section (16.60.030). A. Screening and Buffering I . General I WSS649269.DOC; 1100006.900000/) -7- a. Retaining walls facing adjacent property or public rights - of -way shall not exceed seven feet in height. A minimum of four feet of planted terrace is required between stepped wall segments. b. Landscape buffers are not required in land use zones with no required building setback. c Tree landscaping may be clustered to block the view of a parking lot, yet allow visibility to signage and building entry. d. Landscape buffers shall be integrated into the design and layout of water detention and treatment elements, to minimize the physical and visual impacts of the water quality elements. e. All parking lots are required to provide Type V interior landscaping. 1. f, Type I landscaping is required for commercial, institutional dr and medical uses adjacent to single-family or multi -family zones. (Wes+) The buffer shall be a minimum of ten feet in width and continuous in length. 9. Type I is required for residential parking areas adjacent to single-family zones. The buffer shall be a minimum of four feet in width and continuous in length. h. Type I landscaping is required for office and multi -family projects adjacent to single-family zones. The buffer shall be a minimum of four feet in width and ten feet in height and continuous in length. i. If there is a loading zone and/or trash compactor area next W to a single-family or multi -family zone, there shall be a minimum of a six-foot high concrete wall plus a minimum width of five feet of Type I landscaping. Trash and utility storage elements shall not be permitted to encroach within street setbacks or within setbacks adjacent to single family zones. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. i. Landscape buffers, Type 1, shall be used in parking areas adjacent to single-family zones. k. When no setback is otherwise required, Type III landscaping three feet in width and continuous in length is required (YX'Dyt'VN) between uses in the same zone. 2. Parking Lots Abutting Streets. WSS649269.DOC; 1 100006.900000/� a. Type IV landscaping, minimum four feet wide, is required along all street frontages. b. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls, ii. Type I planting and a grill that is 25 percent opaque, iii. Grill work that is at least 80 percent opaque, or iv. Type III landscaping. 13., Access and Parking I . Not more than 50% of total project parking spaces may be located between the building's front facade and the primary street. 2. Parking lots may not be located on corner locations adjacent to public streets. 3. Paths within Parking Lots a. Pedestrian walkways in parking lots shall be delineated by separate paved routes that are approved by federal accessibility requirements and that use a variation in textures and/or colors as well as landscape barriers. b. Pedestrian access routes shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on -site buildings as well as pedestrian walkways that border the development. c. Pedestrian pathways shall be six feet in width and have two feet of planting on each side or have curb stops at each stall in the parking lot on one side and four feet of planting on the second side, i. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 4. Bonus for Parking Below Grade a. For projects where at least 50% of the parking is below grade or under the building, the following code requirements may be modified for the parking that is provided below -grade or under - building. — The minimum drive aisle width may be reduced to 22 feet. (WSS649269DOC� 1/00006.900000/) The maximum ramp slope may be increased to 20% — A mixture of full- and reduced -width parking stalls may be provided without meeting the ECDC requirement to demonstrate that all required parking could be provided at full -width dimensions. 5. Drive -through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, espresso stands, etc., shall comply with the following: a. Drive -through windows and stacking lanes shall not be located along the facades of the building that face a street. b. Drive -through speakers shall not be audible off -site. C. Only one direct entrance or exit from the drive -through shall be allowed as a separate curb cut onto an adjoining street. All remaining direct entrances/exits to the drive -through shall be internal to the site. 6. Pedestrian and Transit Access a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes if applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. C. When a transit or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the transit stop directly to the new development are required. C. Site Design and Layout I . General. If a project is composed of similar building layouts that are repeated, then their location on the site design should not be uniform in its layout. If a project has a uniform site layout for parking and open spaces, then the buildings shall vary in form, materials, and/or identity. The following design elements should be considered, and a project shall demonstrate how at least 5 of the elements were used to vary the design of the site: a. building massing and unit layout, (WSS649269. DOC; 1/00006.900000/) _10- b. placement of structures and setbacks, C. location of pedestrian and vehicular facilities, d. spacing from position relative to adjoining buildings, e. composition and types of open space, plant materials and street trees, f. types of building materials and/or elements h. roof variation in slope, height and/or materials. 2. Individuality for Particular Structures a. If a project contains several new or old buildings of similar uses or massing, incorporate two of the following options to create identity and promote safety and feeling of ownership: i. Individual entry design for each building. ii. Create variety in arrangement of building forms in relation to site, parking, open spaces, and the street. iii. Create variety through facade materials and organization. iv. Create variety through roof forms, V. Vary the size/mass of the buildings so they are not uniform in massing and appearance. 3. Lighting A a. All lighting shall be shielded and directed away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full "cut off' fixtures. b. Parking lots shall have lighting poles with a maximum of 25 feet in height. C. Pedestrian ways shall have low height lighting focused on pathway area. Pole height shall be a maximum of 14 feet although lighting bollards are preferred. d, Entries shall have lighting for safety and visibility integrated with the building/canopy. (WSS649269.DOC, 1/00006.900000/) A Building Design and Massing I . Buildings shall convey a visually distinct 'base' and 'top'. A 'base' and 'top' can be emphasized in different ways, such as masonry pattern, more architectural detail, step backs and overhangs, lighting, recesses, visible 'plinth' above which the wall rises, storefront, canopies, or a combination thereof. They can also be emphasized by using architectural elements not listed above, as approved, that meet the intent. 2. In buildings with footprints of over 10,000 square feet, attentio; needs to be given to scale, massing, and fh�ade design so as to reduce the effect of large single building masses. Ways to accomplish this can include articulation, changes of materials, offsets, setbacks, angles or curves of facades, or by the use of distinctive roof forms. This can also be accomplished by using architectural elements not listed above, as approved, that meets the intent. Note that fagade offsets or step -backs should not be applied to the ground floor of street -front facades in pedestrian -oriented zones or districts. 3. Alternatives to massing requirements may be achieved by: a. Creation of a public plaza or other open space may substitute for a massing requirement if the space is at least 1,000 sq. ft. in area. In commercial zones, this public space shall be a public plaza with amenities such as benches, tables, planters and other elements. b. Retaining or re -using an historic structure listed on the National Register or the Edmonds Register of Historic Places. Any addition or new building on the site must be designed to be compatible with the historic structure. 4. To ensure that buildings do not display blank, unattractive walls to the abutting streets or residential properties, walls or portions of walls abutting streets or visible from residentially - zoned properties shall have architectural treatment applied by incorporating at least four of the following elements into the design of the fagade: a. Masonry (except for flat concrete block) b. Concrete or masonry plinth at the base of the wall C. Belt courses of a different texture and color d. Projecting cornice (WSS649269.DOC; 1100006.90000011 12- --W)- N/1A_ e. Projecting metal canopy f, Decorative tilework 9. Trellis containing planting h. Medallions i, Artwork or wall graphics j. Vertical differentiation k. Lighting fixtures in. An architectural element not listed above, as approved, that meets the intent. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following: I . Public utilities; 2. Off-street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.0 103; 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. 6. Community -oriented Open Air Markets or Seasonal Farmers Markets. 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. WSS649269.DOC, 1 /00006.900000/) - 13- Chapter 20.12 DISTRICT -BASED DESIGN REVIEW Sections: 20.12.005 Outline of Process and Statement of Intent. 20.12.010 Applicability. 20.12.020 Design Review by the Architectural Design Board. 20.12.030 Design Review by Staff. 20.12.040 Findings. 20.12.050 Criteria. 20.12.080 Appeals. 20.12.090 Lapse of approval. 20.12.005 Outline of Process and Statement of Intent. The Architectural Design Board (ADB) process has been developed in order to provide for public and design professional input prior to the expense incurred by a developer in preparation of detailed design. In combination, Chapters 20.10 and 20.12 are intended to permit public and ADB input at an early point in the process while providing greater assurance to a developer that his general project design has been approved before the final significant expense of detailed project design is incurred. In general, the process is as follows: A. Public hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the City. Staff shall schedule the first phase of the ADB hearing within 30 days of staff s determination that the application is complete. Upon receipt, staff shall provide full notice of a public hearing, noting that the public hearing shall be conducted in two phases. The entire single public hearing on the conceptual design shall be on the record. At the initial phase, the applicant shall present facts which describe in detail the tract of land to be developed noting all significant characteristics. The ADB shall make factual findings regarding the particular characteristics of the property and shall prioritize the design guideline checklist based upon these facts, the provisions of the City's design guideline elements of the Comprehensive Plan and the Edmonds Community Development Code. Following establishment of the design guideline checklist, the public hearing shall be continued to a date-ccrtain requested by the applicant, not to exceed 120 days from the meeting date. The 120-day city review period required by RCW 36.70B.080 commences with the application for Phase I of the public hearing. The 120-day time period is suspended, however, while the applicant further develops their application for Phase 2 of the public hearing. This suspension is based upon the finding of the City Council, pursuant to RCW 36.70B.080, that additional time is required to process this project type. The City has no control over the length of time needed or taken by an applicant to complete its application. B. Continued public hearing (public hearing, Phase 2). The purpose of the continuance is to permit the applicant to design or redesign his initial conceptual design to address the input of the public and the ADB by complying with the prioritized design guideline checklist criteria. When the applicant has completed his design or redesign, he shall submit that design for final review. The matter shall be set for the next available regular ADB meeting date. If the applicant fails to submit his or her design within 180 days, the staff shall report the matter to the ADB who shall note that the applicant has failed to comply with the requirements of the code and find that the original design checklist criteria approval is void. The applicant may reapply at any time. Such reapplication shall establish a new 120-day review period and establish a new vesting date. C. After completing the hearing process, the final detailed design shall be presented to the City in conjunction with the applicable building permit application. The City staff s decision on the building permit shall be a ministerial act applying the specific conditions or requirements set forth in the ADB's approval, but only those requirements. A staff decision on the building permit shall be final and appealable only as provided in the Land Use Petition Act. No other internal appeal of the staff s ministerial decisions on the building permit is allowed. D. The process is schematically represented by the following flow chart. Proposed New Review Process I determination Application to City Conceptual I Detailed Design Design A t t Rede�itin I ------------ (Optional) — — — — — — — — — — — — — — — — — Project Project Denied 111iApproved 20.12.010 Applicability. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold determination under the State Environmental Policy Act (SEPA) using the process set forth in ECDC 20.12.020, below. All other developments may be approved by staff using the process set forth in ECDC 20.12.030, below, When design review is required by the ADB under ECDC 20.12.020, the staff shall review the application as provided in ECDC 20.95.030, and the director of development services or his designee — shall schedule the item for a meeting of the ADB. 20.12.020 Design Review by the Architectural Design Board. A. Public hearing — Phase 1. Phase I of the public hearing shall be scheduled with the Architectural Design Board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.91.010. This notice may be combined with the formal Notice of Application required under ECDC 20.90.010, as appropriate. 1. The purpose of Phase I of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on the Design Guidelines Checklist contained within the design guidelines and ECDC 20.12. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district -specific design objectives contained in the Comprehensive Plan, and the relevant portions of ECDC 20.12 and 20.13, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 2. Prior to scheduling Phase I of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase I of the public hearing: a. Vicinity Plan showing all significant physical structures and environmentally critical areas within a 200 foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information. b. Conceptual site plan(s) showing topography (minimum 2-foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site. C. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements. 3. During Phase I of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project, The public shall also be invited to address which design guidelines checklist criteria from ECDC 20.12,070 they feel are pertinent to the project. The Phase I meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record. 4. Prior to the close of Phase I of the public hearing, the ADB shall identify the specific design guidelines checklist criteria — and their relative importance — that will be applied to the project during the project's subsequent design review. In submitting an application for design review approval under Chapter 20.12 ECDC, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase I of the public hearing. 5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase I of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase I of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase I of the public hearing by complying with the prioritized checklist. 6. Because Phase I of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered. B. Continued public hearing — Phase 2. I . An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase I of the public hearing described in Chapter 20.12.020.A, above. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing: a. Conceptual site plan showing topography (minimum Moot intervals), general layout of building, parking, streets and access, and proposed open space. b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics. C. Conceptual Utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants. d. Conceptual Building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building elevation(s). e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered. f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB. 9. Optional: Generalized building floor plans may be provided. 2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under 20.12.0203.11, as appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing. 3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation the Phase I public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.91 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal: a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome by clear and convincing evidence. b. Design Objectives. The proposal meets the relevant district -specific design objectives contained in the Comprehensive Plan. c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase I of the public hearing under Chapter 20.12.020.A, above. When conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 4. Project consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Community Development Code. C. Effect of the decision of the ADB. The decision of the ADB described above in ECDC 20.12.020(B) shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff s determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phase I and 2 of the public hearing) who formally requests notice as to: 1. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020, and 2. Approval, conditioned approval or denial by staff of the building permit or development approval. 20.12.030 Design Review by city staff. A. Optional pre -application meeting. At the option of the applicant, a pre -application meeting may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff comments on a proposed development to assist the applicant in preparing an application for development approval. Submission requirements and rules of procedure for this optional pre -application meeting shall be adopted by city staff consistent with the purposes of this Chapter. B. Application and staff decision. I . An applicant for design review shall submit information sufficient to evaluate how the project meets the criteria applicable to the project. Staff shall develop a checklist of submission requirements and review criteria necessary to support this intent. When design review is intended to accompany and be part of an application for another permit or approval, such as a building permit, the submission requirements and design review may be completed as part of the associated permit process. 2. In reviewing an application for design review, Staff shall review the project checklist and evaluate whether the project has addressed each of the applicable design criteria, Staff shall enter the following findings prior to issuing a decision on the proposal: a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the zoning ordinance, including the guidelines and standards contained in the relevant zoning classification�s). b. Design Guidelines. That the proposal meets the relevant district -specific design objectives contained in the Comprehensive Plan When conducting its review, city staff shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 20.12.070 Design Guidelines, Criteria and Checklist. A. In conducting its review, the ADB shall use the design guidelines and design review checklist as contemporaneously adopted in the Design Guidelines. B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or district. I . Criteria to be used in design review for the downtown Edmonds business districts (BD zones) located within the Downtown/Waterfront Activity Center as shown on the City of Edmonds Comprehensive Plan Map include the following: a. Design objectives for Waterfront Activity Center contained Comprehensive Plan. b. (Reserved.) the Downtown in the Edmonds 2. Criteria to be used in design review for the general commercial (CG and CG2) zones located within the Medical/Highway 99 Activity Center or the Highway 99 Corridor as shown on the City of Edmonds Comprehensive Plan Map include the following: a. Design standards contained in ECDC 16.60 for the General Commercial zones. b. Policies contained in the specific section of the Comprehensive Plan addressing the Medical/Highway 99 Activity Center and Highway 99 Corridor. 20.12.080 Appeals. A. Design review decisions by the ADB pursuant to ECDC 20.12.0203 are appealable to the city council as provided in ECDC 20,105,040(B) through (E) except that all references to the hearing examiner in ECDC 20.105.040(B) through (E) shall be construed as references to the ADB. These are the only decisions by the ADB that are appealable. B. All design review decisions of the hearing examiner are appealable to the city council as provided in ECDC 20.105.040(B) through (E). C. Design review decisions by staff under the provisions of ECDC 20.12.030 are only appealable to the extent that the applicable building permit or development approval is an appealable decision under the provisions of the ECDC. Design review by staff is not in itself an appealable decision. D. Persons entitled to appeal are (1) the applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing identified in ECDC 20.12.020.13; or (3) anyone testifying on the application at the hearing identified in ECDC 20.12.020.13. 20.12.090 Lapse of approval. A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the ADB's or hearing examiner's minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. B. Time Extension. I . Application. The applicant may apply for a one time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension. 2. Fee. The applicant shall include with the letter of request such fee as . is established by ordinance. No application shall be complete unless accompanied by the required fee. 3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as provided in ECDC 20.95.040 (Staff Decision — No Notice Required). Chapter 20.13 LANDSCAPING REQUIREMENTS Sections: 20.13.000 Scope. 20.13.010 Landscape plan requirements. 20.13.015 Plant schedule. 20.13.020 General design standards. 20.13.025 General planting standards. 20.13.030 Landscape types 20.13.040 Landscape bonds. 20.13.000 Scope. The landscape requirements found in this chapter are intended for use by city staff, the architectural design board (ADB) and the hearing examiner, in reviewing projects, as set forth in ECDC 20.11.010. The ADB and hearing examiner shall be allowed to interpret and modify the requirements contained herein; provided such modification is consistent with the purposes found in ECDC 20.11.000. 20.13.010 Landscape plan requirements. The applicant has the option of submitting a preliminary landscape plan to the architectural design board prior to final approval. The preliminary landscape plan need not include the detail required for final approval, although areas of proposed landscaping should be shown. Final project approval cannot be given until the final landscape plan is submitted and approved. The following items shall be shown on any final landscape plan submitted to the ADB for review: A. Name and address or location of the project; B. All plant material identified by botanical and common name — genus, species and variety (see ECDC 20.13.015); C. Location of all trees and shrubs to be planted; D. Three sets of landscape plans drawn to a scale of I" = 30' or larger (e.g., III = 20', V = 10', etc.). Plan should include a bar scale for reference. See "Checklist for Architectural Design Review" items (on architectural design board brochure) for required number of other plans; E. Scale of the drawing, a north arrow and date of the plan; F. All property lines, as well as abutting streets and alleys; G. Locations, sizes and species of existing trees (six inches in caliper or more) and shrubs. Trees and shrubs to be removed must be noted. Natural areas should be designated as such; H. Any proposed or existing physical elements (such as fencing, walls, building, curbing, and signs) that may affect the overall landscape; 1. Parking layout, including circulation, driveway location, parking stalls and curbing (see ECDC 20.13.020(D)); J. Grading shown by contour lines (minimum five-foot intervals), spot elevations, sections or other means; K. Location of irrigation system (see ECDC 20.13.020(E)). 20.13.015 Plant schedule. A. The plant schedule shall indicate for all plants the scientific and common names, quantities, sizes and spacing. Quantities are not required on a preliminary landscape plan. A preliminary plan may also indicate shrubs as masses rather than showing the individual plants. The final plan must show individual shrubs and quantities. B. Minimum sizes at installation are as follows: one and three quarters inches caliper street trees; one �d one-half inches caliper other deciduous trees; 0 eight feet minimum height vine maples and other multi -stemmed trees; six feet minimum height — evergreen trees eighteen inches minimum height for medium and tall shrubs small shrub = less than three and one-half feet tall at maturity — medium shrub = three and one-half to six feet tall at maturity — large shrub = more than six feet tall at maturity C. Maximum size: 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. D. Maximum spacing: — large shrubs = six feet on center — medium shrubs = four and one-half feet on center — small shrubs = three feet on center E. Groundcover is required in all planting bed areas as follows: — one gallon 30 inches on center — four -inch pots 24 inches on center — two and one -quarter -inch pots 15 inches on center — rooted cuttings 12 inches on center All groundcover shall be living plant material approved by the ADB. 20.13.020 General design standards. A. Preference shall be given an infon-nal 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. B. A fort-nal arrangement may be acceptable if it has enough variety in layout and plants. Avoid continuous, long, unbroken, straight rows of a single plant where possible. 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. D. Extruded curbs four to six inches are required where landscaping meets paved areas. Wheelstops will be required as needed, and must be affixed permanently to the ground. E. Automatic irrigation is required for all ADB-approved landscaped areas for projects which have more than four dwelling units, 4,000 square feet of building area or more than 20 parking spaces. F. All planting areas should be at least four feet wide between curbs. G. Deciduous or broadleaf evergreen trees should be planted at least four feet from curbs, especially in front parking stalls. Where possible, coniferous trees should be planted at least seven feet from curbs. 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. 1. Berms or mounds should be no steeper than 3 (H): I (V). Any slopes steeper than 3:1 (2:1 is maximum permitted by the city for fill slopes) need erosion control netting or other erosion control methods in planting areas not covered by grass (e.g., rockery). J. Landscaping must be provided in adjacent rights -of - way between property line and curb or street edge and shown on the landscape plan. K. Street trees must be planted according to the city's street tree plan. Contact the planning division for details. L. Street trees should be installed within four feet of either side of the property line. M. Landscaping should be tall enough to soften any dumpster enclosures located in planting areas. N. Trees and very large shrubs should be planted at least five feet from any water/sewer lines. Landscape plantings shall reflect consideration of plantings in relation to utility lines. 0. Utility boxes should be screened with landscaping without blocking access. 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. 20.13,025 General planting standards A. Blank Building Walls. I . Blank building walls should be softened by landscaping. 2. Landscaping should include trees and shrubs — mostly evergreen. 3. Trees should be planted an average of 20 feet on center either formally or in clusters. B, Foundation Planting. 1 . Trees and shrubs should soften the building elevation and soften the transition between the pavement and the building. 2. Plantings may be in informal or formal arrangements (see ECDC 20.13.020(A) and (B)). 3. Landscaping should be planted in all areas except service areas. 4. Planting areas should be at least four feet wide. 20.13.030 Landscape types A. Type I Landscaping. Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts. 1 . Two rows of evergreen trees, a minimum of ten -feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by 4 sight obscuring fence, a minimum of five feet high or the required width of the planting area must be increased by ten feet; and 2. Shrubs a minimum of three and one-half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years; 3. Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet high along its midline. B. Type 11 Landscaping. Type 11 landscaping is intended to create a visual separation between similar uses. 1. Evergreen and deciduous trees, with no more than 30 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 20 feet on center; and 2. Shrubs, a minimum of three and one-half feet in height and other plant materials, planted so that the ground will be covered within three years. C. Type III Landscaping. Type III landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevations. I . Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and 2. If planted to buffer a building elevation, shrubs, a minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years; or 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a. Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. b. Earth -mounding, an average of three and one- half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a Downtown or Waterfront areas. C. A combination of earth mounding, opaque fences and shrubs to produce a visual barrier at least three and one-half feet in height, D. Type IV Landscaping. Type IV landscaping is intended to provide visual relief where clear sight is desired to see signage or into adjacent space for safety concerns. 1. Trees are 25 feet on center and deciduous also required and the trunk shall be free of branches below six feet in height.. 2. Plant materials which will cover the ground within three years, and which will not exceed three and one-half feet in height. E. Type V Landscaping, Type V landscaping is intended to provide visual relief and shade in parking areas. I . Required Amount, a. If the parking area contains no more than 50 parking spaces, at least 17.5 square feet of landscape dcvelopment must be provided as described in paragraph B below for each parking stall proposed. b. If the parking area contains more than 99 parking spaces, at least 35 square feet of landscape development must be provided as described in paragraph B below for each parking stall proposed. C. If the parking area contains more than 50, but less than 100 parking spaces, the Director — or his designee — shall determine the required amount of landscaping by interpolating between 17.5 and 35 square feet for each parking stall proposed. The area must be landscaped as described in paragraph B below. 2. Design. a. Each area of landscaping must contain at least 150 square feet of area and must be at least four feet in any direction exclusive of vehicle overhang. The area must contain at least one tree a minimum of six feet in height and with a minimum size of one and one-half inches in caliper if deciduous. The remaining ground area must be landscaped with plant materials, decorative mulch or unit pavers. b. A landscaped area must be placed at the interior ends of each parking row in a multiple lane parking area. This area must be at least four feet wide and must extend the length of the adjacent parking stall. C. Up to 100 percent of the trees proposed for the parking area may be deciduous. d. Bioswales integrated into parking lot designs are strongly encouraged. e. The minimum area per planter is 64 square feet. f. The maximum area per planter is 1,500 for parking lots greater than 12,000 square feet. Planters shall be spread throughout the parking lot, 91 Shade trees are required at the rate of a minimum of one per planter and/or one per 150 square feet of planter. 20.13.040 Landscape bonds. A. An itemized cost estimate, covering landscaping and irrigation, must be submitted for use in determining the landscape bond amount. The city will use this estimate to set the amount of the landscape performance bond. B. A performance bond will be required for release of the building permit. This bond will be used to cover installation of required landscaping, fences or screening for service areas. C. Landscaping must be installed prior to issuance of certificate of occupancy (for multiple family and single tenant commercial buildings) or a certificate of completion (for multiple tenant commercial buildings). D. Once the landscaping has been installed, a 15 percent maintenance bond is required for release of the performance bond. Any plants that die within two years of installation must be replaced before the maintenance bond can be released. Upon inspection and approval, the maintenance bond may be released after two years.