Loading...
Marine Retail Building Time Extension.pdf//)C. 189v CITY OF EDMONDS 12151h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.eov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION DESIGN REVIEW AND SHORELINE TIME EXTENSION APPLICATION Project: Port of Edmonds Marine Retail Building File Number: PLN220170030 Date of Report: arch 29, 2019 8 From: K rnen Lien, Envir mental Programs Manager I. INTRODUCTION The Port of Edmonds has requested a one year time extension for the design review approved under file number PLN20170030 and shoreline substantial development permit approved under PLN20170029 (Attachment 1). In 2017, an application was made by the Port of Edmonds for a new 6,650 square foot marine retail building intended for boat sales and maintenance. The application consisted of design review (PLN20170030) and a shoreline substantial development permit (PLN20170029). Design review projects which trigger SEPA and shoreline permits that require public hearings are both Type III decisions. Pursuant to ECDC 20.01.002.13, the applications were combined and the hearing examiner issued the decision regarding both design review and the shoreline substantial development permit. The Hearing Examiner granted approval of both the design review and shoreline applications on November 9, 2017 (Attachment 2). ECDC 20.11.050.A notes that design review approval must be acted upon within 18 months from the date of approval or the approval shall expire and be null and void. Design review approval may be granted a one year extension in accordance with ECDC 20.11.050.B. Shoreline permit expiration time is based on the "effective date" of the shoreline permit which is tied to when the shoreline permit is forwarded to the Department of Ecology and also the pursuit of other required permits. Given that the other required permits (e.g. building permit) have not yet been obtained there is no need for an extension on the shoreline permit at this time. The one year extension of the design review falls within the five-year time limit of the shoreline permit. II. GENERAL INFORMATION: A. Owner: Port of Edmonds B. Applicant: Robert McChesney, Port of Edmonds Executive Director C. Location: 471 Admiral Way, Edmonds WA 98020 D. Tax Parcel Numbers: 27032300415800 (the project site is a portion of this parcel). E. Zoning: The subject property is zoned Commercial Waterfront (CW). F. Request: Time extension of an approved design review and shoreline substantial development permit. G. Review Process: Pursuant to ECDC 20.11.050.6.3, the review of extension applications are processed as Type I decisions (staff decision — no notice required). III. APPLICABLE CODES: A. Chapter 20.11 ECDC General Design Review 1. ECDC 20.11.050.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. 2. Staff Findings: a. The decision granting approval of the design review of the project was issued on November 9, 2017. In accordance with ECDC 20.11.050.A, design review approval associated with this proposal will expire on May 9, 2019 unless a complete building permit application is submitted or an application for an extension of time is received prior to the expiration date. The Port of Edmonds submitted an application for a one-year time extension on March 18, 2019 prior to the expiration date of the design review approval as provided for in ECDC 20.11.050.13. Pursuant to ECDC 20.11.050.13, a one-time extension may be granted. In granting the one-year time extension, the new expiration date for the design review would be May 9, 2020. B. ECDC 24.80.140 Time Requirements of Shoreline Permits A. ECDC 24.80.140 contains the time requirements for shoreline permits and provides the following: A. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a shoreline conditional use permit or shoreline variance: 1. Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. However, the city of Port of Edmonds Marine Retail Building Design Review Time Extension - PLN20170030 Page 2 of 4 Edmonds may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the Department of Ecology. 2. Authorization to conduct development activities shall terminate five years after the effective date of a substantial development permit. However, the city of Edmonds may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the Department of Ecology. 3. The effective date of a substantial development permit shall be the date of filing as provided in ECDC 24.80.120(8). The permit time periods in subsections (A)(1) and (2) of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. 4. Authorization to conduct development activities pursuant to a shoreline permit issued by the city of Edmonds shall expire five years after the date of issuance provided the activity was not pursued due to the pendency of administrative appeals or legal action. However, the city of Edmonds may authorize a single extension for a period not to exceed one year based on reasonable factors. B. Staff Findings: 1. Date of issuance: The Hearing Examiner issued approval of the shoreline substantial development permit on November 9, 2017 (Attachment 2). 2. Effective Date: The shoreline permit approval was sent to the Department of Ecology on December 6, 2017 (Attachment 3), which is the effective date of the shoreline permit. 3. Other government permits: Pursuant to ECDC 24.80.140.A.3, the permit time periods in subsections A.1 and A.2 (two years to commence work and five years to complete) do not include the time needed to obtain other government approvals. In order to construct the proposed marine retail building, the Port of Edmonds must receive a building permit from the City of Edmonds. At this time, the Port of Edmonds has not receive the required building permits so the two-year time frame to commence the work noted in ECDC 24.80.140.A.1 is not applicable. 4. Authorization Expiration: ECDC 24.80.140.A.4 essentially gives applicants five years to receive all other required government permits, and when the permits are received, the timelines in ECDC 24.80.0140.A.1 and A.2 (two -years to commence, five years to complete) begin. The authorization for the proposed Marine Retail Building will expire on November 9, 2022. Since this time falls outside of the May 9, 2020 dead line to act on the design review, an extension of the shoreline permit approval is not necessary at this time. Port of Edmonds Marine Retail Building Design Review Time Extension - PLN20170030 Page 3 of 4 IV V VI DECISION ON DESIGN REVIEW TIME EXTENSION The requested extension of the design review approval for the Port of Edmonds Marine Retail Building granted under PLN20170030 is APPROVED subject to the following conditions: A one year time extension is granted for the design review approval under file number PLN20170030. The design review approval shall expire on May 9, 2020 unless a complete building permit application has been submitted to the City of Edmonds prior to the extended design review approval expiration date. This decision does not alter the expiration date of the shoreline substantial development permit issued under PLN20170029. The shoreline substantial development permit will expire on November 9, 2022 unless building permit approval is granted or an application for an extension of time is received prior to the November 9, 2022 expiration date. PARTIES OF RECORD: City of Edmonds 121— 51h Avenue N Edmonds, WA 98020 ATTACHMENTS: 1. Port of Edmonds Request for Time Extension Robert McChesney, Executive Director Port of Edmonds 336 Admiral Way Edmonds, WA 98020 Hearing Examiner Decision on file numbers PLN20170029and PLN20170030 3. Depart of Ecology December 7, 2017 Letter Port of Edmonds Marine Retail Building Design Review Time Extension - PLN20170030 Page 4 of 4 PORT OF E D M 0 N D S 336 Admiral Way • Edmonds, WA 98020-7214 • (425) 774-0549 • FAX (425) 774-7837 • www.portofedmonds.org March 14, 2019 Mr. Kernen Lien Environmental Programs Manager CITY OF EDMONDS 121— 5ch Avenue North Edmonds, WA 98020 Subject: Shoreline Substantial Development Permit; #2017-NW-4024 City of Edmonds Permit PLN20170029 Dear Mr. Lien, RECEIVED MAR 18 2010 DEVELOPMENT SERVICES COUNTER With reference to subject Shoreline Permit, and specifically regarding project timeline requirements, the Port of Edmonds is requesting an extension to the permit window. The Architectural Design Board (ADB) approval is valid for 18months (ECDC 20.11.050) and will otherwise expire May 9, 2019. Further, the Shoreline Permit stipulates construction must begin within two years of issuance. As we've discussed, our proposed development project has not yet been finalized. Thus, the Port of Edmonds is requesting an extension of ADB approval, as well as the Shoreline Permit to allow additional time to complete the development planning process and move forward to construction. Thank you for consideration of this matter. Sincerely, G R bert �EMc e Executive Director I 4,7C. 1 S9" 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF EDMONDS 121 5t" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS Phil Olbrechts, Hearing Examiner RE: Port of Edmonds Marine Retail Building Shoreline Substantial Development Permit and Design Review PLN20170029 (SSDP) & PLN20170030 (DR) FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL DECISION INTRODUCTION The Port of Edmonds is seeking approval of a shoreline substantial development permit and design review for a new 6,650sf marine retail building intended for boat sales and maintenance to be located at 471 Admiral Way. The shoreline Substantial development permit and design review are approved with conditions. ORAL TESTIMONY Kernen Lien, Edmonds Senior Planner, summarized the proposal. Mr. Lien noted that this is the first proposal reviewed under the City's new shoreline regulations. In response to examiner questions, Mr. Lien noted that the site is currently a gravel parking lot. He identified that a long green parcel located south of the project site is a stormwater site. He noted that the parcels to the south are mostly vacant critical areas and the stormwater tract. There are no public uses with views that would be impaired by the proposal. There are some public walking areas on the periphery of the critical areas. Robert McChesney, Port of Edmonds Executive Director, noted that the Port of Edmonds is an economic development business and the proposal is the last parcel on the marine site of the Port. He noted that demand has increased for Port property SSDP and Design Review P. 1 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because the marine uses in South Lake Union have been driven out by Vulcan development. Shawn Rafferty, project architect, noted that the proposal has been designed to conform to all applicable design standards and has been approved by the Design Review Committee. Alvin Rutledge, Edmonds resident, wanted to make sure that the proposal was consistent with recent code changes and past planning decisions for the project site. Mr. Lien clarified that the proposal has been reviewed under recent changes to both shoreline and critical area regulations. EXHIBITS The October 20, 2017 Staff Report and 19 attachments were admitted as Ex. 1 during the October 26, 2017 hearing. The staff power point was entered as Exhibit 2. FINDINGS OF FACT Procedural: 1. Applicant/Owner. The applicant is Robert McChesney, Port of Edmonds Director. 2. Hearing. The Hearing Examiner conducted a hearing on the application on October 26, 2017 at 3:00 p.m. at the Edmonds Public Safety Complex in the City Council Chambers. Substantive: 3. Site/Proposal Description. The Port of Edmonds proposes to construct a new 6,650sf marine retail building intended for boat sales and maintenance at 471 Admiral Way (Ex. 1, Att. 1 — 6, 9). The site is also located within the Urban Mixed Use II shoreline designation (Ex. 1, Att. 10). The project site encompasses approximately 20,500sf of a 185,182sf parcel. The site is currently a gravel/paved parking area. The project site is located within Flood Zone AE per the preliminary FEMA flood maps. The structure must be designed and constructed to resist the effect of flood hazards and flood loads. The subject site is relatively level. The Port of Edmonds is a water -related business. 4. Characteristics of the Area. The surrounding sites to the north, west, and southwest of the subject site are zoned Commercial Waterfront (CW). These surrounding sites are developed with various uses including parking areas, a marina, restaurants, a yacht club, the Port of Edmonds offices, a work yard, and vacant land. The BNSF railroad is located directly southeast of the subject property. To the east of SSDP and Design Review p. 2 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the subject site (on the opposite side of the BNSF railroad) is the Harbor Square complex, which is zoned General Commercial (CG) under a contract rezone (R-1979- 4) and is developed with various commercial uses including breweries, a gym, a hotel, and offices. To the southeast of the project site (on the opposite side of the BNSF railroad) is the Edmonds Marsh, which is within the Open Space (OS) zone. 5. Adverse Impacts. There are no significant adverse impacts created by the proposal. Impacts are more specifically addressed as follows: A. Wetlands, Streams and Marshes. No impacts to wetlands, streams or marshes are anticipated. During the Shoreline Master Program update the Edmonds Marsh was determined to be a Category II estuarine wetland. Pursuant to ECDC 24.40.020.E, the buffer for a Category II estuarine wetland is 110 or 150 feet depending on whether certain mitigation measures are implemented. Willow Creek is an anadromous fish bearing stream with a buffer of 100 feet pursuant to ECDC 23.90.040.D. The Edmonds Marsh and Willow Creek are separated from the subject property via the Burlington Northern railroad right- of-way. ECDC 23.40.220.C.4 allows development within an interrupted stream or wetland buffer where it is demonstrated a project is functionally isolated from the stream or wetland. The applicants submitted a Wetland/Waterway Critical Areas Assessment prepared by Steve Quarterman of Landau Associates (Ex. 1, Att. 6) demonstrating the proposed project is functionally isolated from the Edmonds Marsh and Willow Creek by the railroad right-of-way. The project will not impact the wetland, stream or marsh and if is authorized to be located within the buffers of those critical areas (if that is the case) because it qualifies as functionally isolated. B. Wildlife. No impact to wildlife is anticipated. Wildlife associated with the property is typical of an urban environment. The site may be visited by song birds and small mammals; however, the site is primarily gravel/paved, so it is not currently providing any significant habitat value. C. Frequently Flooded Areas. Building design will minimize impact from frequently flooded areas. The subject property is located within Flood Zone AE according to draft FEMA flood plain maps. The City of Edmonds has determined that all development applications within the Coastal High Hazard Areas and Coastal A Flood Zones in the draft FEMA flood insurance rate map will be subject to the requirements of the International Building Code amendments in ECDC 19.00.025.P (Ex. 1, Att. 16). D. Seismic Hazard. Impacts from seismic hazards will be mitigated. The subject site is located within a mapped liquefaction hazard area. A condition of approval will require the applicant to submit a geotechnical report during the building permit review to ensure the structure is designed and constructed to standards related to liquefaction seismic hazards. SSDP and Design Review p. 3 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E. Vegetation. Impacts to vegetation are limited. The site contains very limited existing vegetation since the majority of the site is gravel/paved and is utilized as a parking lot. There are existing street trees located between the site and Admiral Way. F. Shoreline. As conditioned, the project will comply with the City's Shoreline Master Program. The subject site is located within the Urban Mixed Use II shoreline designation of the Shoreline Master Program (Ex. 1, Att. 10). Due to the project's location within 200 feet of the shoreline, the proposal is subject to the requirements of the City's Shoreline Master Program (Title 24 ECDC). CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ECDC 20.01.003 classifies design review (where public hearing required by ADB) as a Type III-B action and shoreline substantial development permits with public hearings as Type III -A actions. Pursuant to ECDC 20.01.002.13, the design review and variance applications have been consolidated into a Type III-B action. ECDC 20.01.003(B) and ECDC 20.01.002(C) provide the Hearing Examiner with the authority to review and issue final decisions upon consolidated Type III-B applications. Substantive: 2. Zoning Designation. The subject property is zoned Commercial Waterfront (CW). 3. Review Criteria and Application. Chapter 24.80 ECDC governs the review criteria for shoreline substantial development permits. Relevant criteria are quoted below and applied through corresponding conclusions of law. Design review was addressed by the Architectural Design Board. Shoreline Master Program Review 1. ECDC 24.80.040 Substantial Development Permit Criteria. A. A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to ECDC 24.80.010. B. In order for a substantial development permit to be approved, the decision maker must find that the proposal is consistent with the following criteria: 1. All regulations of the city of Edmonds shoreline master program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional SSDP and Design Review p. 4 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 standards that have been modified by an approval of a shoreline variance under ECDC 24.80.060. 2. All policies of the city of Edmonds shoreline master program appropriate to the shoreline designation and the type of use or development proposed shall be considered and substantial compliance demonstrated. 4. The subject development is not specifically exempted by ECDC 24.80.010; thus, a shoreline substantial development permit is required. The analysis below demonstrates how the proposal is consistent with the relevant regulations and policies of the Edmonds' Shoreline Master Program Chapter 24.20 ECDC Goals and Policies for the Edmonds Shoreline Master Program ECDC 24.20.010 Economic Development Element ECDC 24.20. 010.E Economic Development Goal. It is a goal of the city to encourage port facilities, tourist facilities, mixed use, commercial and light industrial development in specific and limited shoreline areas which enhance the public's access to the shoreline. Water -dependent, -oriented and water -enjoyment development are preferred in shoreline areas. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses ECDC 24.20.010.0 Economic Development Policies 1. Mixed use commercial and light industrial uses in the shoreline area should be permitted only where compatible with existing or planned shoreline and upland development, or where legal parcels of land can be aggregated to minimize the impacts from the mixed use commercial or light industrial use. 2. Mixed use commercial and light industrial uses should be permitted only where infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial or light industrial development. 3. New shoreline light industrial and commercial development should be limited to that which is classified as water -dependent, water -related, or water - enjoyment uses and non -water -oriented uses which are not accessory to a water - oriented use should be discouraged and/or prohibited. 6. Development should be discouraged in any critical area and only allowed where impacts to these areas can be mitigated. SSDP and Design Review p. 5 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12. Commercial activities in shoreline areas should be operated with minimum adverse impact on the quality of the environment of the shoreline and adjacent areas. 5. As noted in Finding of Fact No. 3, the Port of Edmonds is a water -related business. The proposed commercial use is compatible with the Port of Edmonds operations and surrounding uses as identified in Finding of Fact No. 4. Staff have determined the roadway system is adequate to accommodate the proposed use. The site's location on the east side of Admiral Way minimizes impacts to the shoreline and does not interfere with public access to the shoreline area. As described in Finding of Fact No. 5, the development site is located in an interrupted buffer that is currently a graveled parking area and will not result in any impacts to critical areas or the shoreline environment. This proposal is consistent with the policies quoted above. ECDC 24.20.040 Circulation Element ECDC 24.20.040.E Circulation Goal. It is the goal of the city to provide for the safe and efficient movement of people, goods, and emergency services within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area with minimum disruption to the shoreline environment and minimum conflict between different users. ECDC 24.20.040.0 Circulation Policies 1. Railroad Avenue, Dayton Street, Main Street, Admiral Way, and Sunset Avenue, which provide access to and through the city's accessible downtown shoreline area, should be designed and regulated to safely accommodate the vehicular, bicycle and pedestrian traffic using these corridors, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Railroad Avenue and Admiral Way. 2. Whenever practicable, safe pedestrian and bicycle movement on and off roadways in the shoreline area should be encouraged as a means of personal transportation and recreation. 6. The development is located on the east side of Admiral Way. As proposed, frontage improvements will be constructed along Admiral Way (Ex. 1, Att. 3). A new pedestrian walkway on the west side of the development will help improve non - motorized circulation. The proposal is consistent with the circulation policies. ECDC 24.20.050 Shoreline Use Element ECDC 24.20.050.B Shoreline Use Goals 1. Allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to SSDP and Design Review p. 6 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development which meet the goals and policies of the Shoreline Management Act. 3. Reserve shoreline and water areas particularly suited for specific and appropriate uses, especially water -oriented and water -dependent uses, for such uses whether they are existing or potential. ECDC 24.20.050.0 Shoreline Use Policies 1. "Environmentally critical areas" are to be protected and regulated consistent with the city s environmental review and critical areas regulations contained in Chapters 20.15A and 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020(C). 2. New uses and developments in shoreline areas that have established desirable development patterns should be designed to be compatible with those areas; provided the existing uses are consistent with the Shoreline Management Act and the city's comprehensive plan and shoreline master program. 9. Shoreline use should be compatible with its site, in harmony with adjacent uses, and consistent with long-range comprehensive planning for waterfront use. 7. As determined in Finding of Fact No. 5A, no impacts to environmentally critical areas are anticipated. The development is exempt from wetlands (ECDC 24.40.020.E) and stream (ECDC 23.90.040.D) buffers because the buffer is physically interrupted by the BNSF railroad right of way (ECDC 23.40.020.C.4) and the proposal is therefore functionally isolated from the critical areas. Additionally, the standard buffers for the wetlands are exempt under ECDC 24.40.020.C.2.b. As noted in Conclusion of Law No. 5, the proposed marine retail and service use is a water -oriented type use which is compatible with and well suited to development within the Port of Edmonds. As determined by the Architectural Design Board, the use is consistent with the Edmonds Community Development Code and the City's Comprehensive Plan (Ex. 1, Att. 18). As determined by Conclusion of Law No. 18, the proposed development is consistent with the Shoreline Management Act. The proposal is consistent with the policies. ECDC 24.20.100 Urban Design Element ECDC 24.20.100.B. Urban Design Goal. It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, enhances the waterfront, and is consistent with the streetscape plan. ECDC 24.20.100.0 Urban Design Policies SSDP and Design Review p. 7 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. The shoreline area within and south of the north boundary of the Brackett's Landing North Park, to the south city limits (generally the urban mixed use shoreline environment) is one of the most scenic areas of the city. It also, to a large extent, establishes the visual identity of Edmonds. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity for the public to enjoy the scenic quality of the shoreline. 2. Projects should be encouraged to provide "street furniture, " public art, related interpretative signage, landscaping and other amenities within or adjacent to the right-of-way of Railroad Avenue and Admiral Way to complement a pedestrian promenade along the shoreline consistent with the streetscape plan. 4. New and remodeled developments should provide public view corridors adjacent to either the north or south property line to enhance public visual access to the Puget Sound and to provide for a visual link between the downtown and its waterfront roots. The location of the view corridor should be coordinated with the development of adjacent properties in order to maximize public visual access to the Puget Sound. Properties with significant frontage on the shoreline should consider providing view corridors in multiple locations so as to maximize public visual access to the shoreline. In the application of design standards, the preservation of public views shall be given priority over landscaping and fencing requirements. 5. Projects should minimize the amount of vehicular parking in the urban mixed use I and II shoreline environments through use of joint use parking agreements (where permitted), and by locating employee parking off -site and outside the urban mixed use I and II shoreline environments. 6. Projects should be designed to locate vehicular parking away from the shoreline, bulkhead, or areas of pedestrian circulation. 8. The proposed development is located on the east side of Admiral Way. Admiral Way lies between the subject and Puget Sound. Therefore, the development will not obstruct views of the shoreline. As described in Conclusion of Law No. 12, the proposed development complies with the view corridor requirements of ECDC 24.40.040.11 and will result in obstruction of less than 15% of the total parcel. After the proposed building is constructed, 85 percent of the parcel will still provide view corridors including the southern 300 feet of the parcel and the northern 530 feet of the parcel. Parking for the proposed development is located on the east side of the building away from the street and pedestrian walkway and as far away from the Puget Sound shoreline as possible in this location. A condition of approval will require the applicant to install a bench on the west side of the proposed development along the pedestrian walkway. As conditioned, the proposal SSDP and Design Review p. 8 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is consistent with the policies. Chapter 24.30 ECDC Shoreline Environments ECDC 24.30.070 Urban Mixed Use ECDC 24.30.070.A Purpose. The purpose of the urban mixed -use environment is to provide for high -intensity, water -oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. ECDC 23.30.070.B.3 Designation Criteria. Urban Mixed Use II. This designation is assigned to areas that are suitable and planned for high -intensity, water -dependent uses related to commerce, transportation, and recreation. ECDC 23.30.070.1) Management Policies 1. In regulating uses in the urban mixed -use environments, first priority should be given to water -dependent uses. Second priority should be given to water -related and water -enjoyment uses. Non -water -oriented uses may be allowed as part of mixed use developments. Non -water -oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water -oriented uses or on sites where there is no direct access to the shoreline. 2. Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. 4. Where feasible, visual and physical public access should be provided. 5. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 6. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. 7. Any new development shall include environmental cleanup, restoration of shoreline or other development techniques where feasible and appropriate to assure no net loss of shoreline ecological functions, and shall comply with any relevant state and federal law. 9. The proposed development is a water -oriented commercial use consistent with the purpose of the Urban Mixed -Use shoreline environment. The project represents infill development on an underutilized shoreline site. The development will result in no net loss of shoreline ecologically functions and values. The ADB found the project consistent with the design guidelines of the Edmonds Comprehensive Plan SSDP and Design Review P. 9 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and Chapter 20.11 ECDC (Ex. 1, Att. 17 and 18 adopted herein as if set forth in full). As determined in Conclusion of Law No. 8, visual and public access to the shoreline will not be impacted by the proposed development. The proposal is consistent with the policies. Chapter 24.40 ECDC General Policies and Regulations ECDC 24.40.020 Critical Areas The Shoreline Master Program adopts the City of Edmonds' critical area ordinance, as codified in Chapters 23.40 through 23.90 ECDC (dated May 3, 2016, Ord. 4026, except for the specific subsections identified in ECDC 24.40.020. C. 10. As described above in Conclusion of Law No. 7, no impacts to environmentally critical areas are anticipated. The development is exempt from wetlands (ECDC 24.40.020.E) and stream (ECDC 23.90.040.D) buffers because the buffer is physically interrupted by the BNSF railroad right of way (ECDC 23.40.020.C.4) and the project site is functionally isolated from the critical areas. Additionally, the standard buffers for the wetlands are exempt under ECDC 24.40.020.C.2.b. ECDC 24.40.030 Flood Hazard Reduction Development within the shoreline environment are required to meet the standards and provisions for protection of frequently flooded areas as provided to areas of special flood hazard in the current edition of the International Residential Code and International Building Code, as adopted in Title 19 ECDC. ECDC 24.40.030.E also notes that development and redevelopment shall be located and designed to prevent the need for structural flood hazard reduction measures. 11. As noted in Finding of Fact No. 5C, the subject property is located within Flood Zone AE according to draft FEMA flood plain maps. The City of Edmonds has determined that all development applications within the Coastal High Hazard Areas and Coastal A Flood Zones in the draft FEMA flood insurance rate map will be subject to the requirements of the International Building Code amendments in ECDC 19.00.025.P (Ex. 1, Att. 16). Staff have determined, the proposed development does not require structural flood hazard reduction measures. A condition of approval will require the building to meet the flood hazard requirements of ECDC 19.00.025.P. ECDC 24.40.040 Public Access and Views The proposed development will not impact public access to the shoreline area and the regulations related to public access in ECDC 24.40.040.B.1 through B.9 are not applicable to the project. However, the view protect regulations of ECDC 24.40.040.B.10 and B.11 are applicable to the development. ECDC 24.40.040.B.1 La.i provides: SSDP and Design Review P. 10 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Landward of the ordinary high-water mark, a view corridor must be maintained across 30 percent of the average parcel width. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas, and landscaping will be allowed; provided, that they do not obscure the view from adjacent public right-of-way to and beyond the Puget Sound. This view corridor must be adjacent to either the north or south property line, whichever will result in the widest view corridor given development on adjacent properties. If the subject property has shoreline frontage in excess of 1, 000 feet, the city may require a maximum of one-third of the required view corridor to be placed in a location between the north and south property lines, in a location which will provide for the greatest unobstructed view of the Puget Sound. 12. The parcel where the proposed development will occur is approximately 1,600 feet long (from south to north). There are currently only two structures on the parcel. Jacobsen's Marine is approximately 130 feet wide and a smaller structure adjacent to the development site is approximately 10 feet wide. The proposed marine retail building is approximately 100 feet wide. After the proposed building is constructed, 85 percent of the parcel will still provide view corridors including the southern 300 feet of the parcel and the northern 530 feet of the parcel. This standard is satisfied. ECDC 24.40.060 Water quality, storm water, and nonpoint pollution A. Applicability. The following provisions apply to all development and uses within shoreline jurisdiction that may affect water quality: B. Regulations. 1. An erosion and sedimentation control plan shall be submitted with a permit application for activities that involve the removal of vegetation, stockpiling of earth or other materials, or any activity that could result in shoreline erosion or siltation. Said program shall conform to the city of Edmonds' stormwater code requirements, engineering design standards and shall at a minimum utilize best management practices (BWs) to prevent shoreline erosion and siltation. 2. The bulk storage of oil, fuel, chemicals, or hazardous materials, on either a temporary or permanent basis, shall not occur in shoreline without adequate secondary containment and an emergency spill response plan in place. 3. All development approved under this shoreline master program shall be designed and maintained consistent with the city's stormwater comprehensive plan, all codes related to stormwater, and engineering design standards. 4. New development is encouraged to employ low impact development principles and practices such as setbacks, retaining land cover, and reducing impervious areas, and using special caution to avoid infiltration of stormwater in shoreline SSDP and Design Review P. 11 Findings, Conclusions and Decision 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 areas along marine bluffs. 13. The applicant provided a preliminary storm water report (Ex. 1, Att. 4). Engineering staff found the preliminary storm water report compliant with the requirements of Chapter 18.30 ECDC, the City's stormwater comprehensive plan and engineering design standards. Compliance with the City's storm water regulations in Chapter 18.30 ECDC will also meet the provisions of ECDC 24.40.060 and will be verified with the building permit review. The project will not provide bulk storage of hazardous materials. This criterion is satisfied. ECDC 24.40.080 Shoreline development permitted by area designation 14. ECDC 24.40.080 identifies the allowed uses in the various shoreline area designations. Water -oriented commercial and light industrial uses are permitted via a shoreline substantial development permit within the Urban Mixed Use II shoreline environment. The proposed marine retail building qualifies a water -oriented commercial development. ECDC 24.40.090 Shoreline bulk and dimensional standards The bulk and dimensional requirements for commercial development within the Urban Mixed Use II shoreline environmental in ECDC 24.40.090 are detailed in the table below: Shore Building Side Maximum Maximum Parking Buffer Setback Setback Setback-' Height Coverage 15 feet N/A N/A 0'/15'-' ' 30 feet None 60 feet 2 See ECDC 24.40.040(B)(11) for view corridor requirements. 3 No side setback is required from adjacent commercial property. A minimum 15-foot setback is required from lot line adjacent to shoreline residential environments. The area must be fully landscaped and include a minimum six-foot high fence or hedge. 7 In the urban mixed use I and II environment, the 60-foot setback for parking may be reduced by a maximum of 20 feet. See ECDC 24.60.080(D)(2)(c) and (D)(3)(c). 15 Side setback determined by the underlying zoning. No required side setback in the BD2, CG, or MP2 zones. Five-foot side setback in the OR zone. 15. The proposed building is located more than 15 feet from both Puget Sound and the Willow Creek outlet on the east side of the railroad right-of-way. The parking area is more than 60 feet from Puget Sound and Willow Creek. No side setbacks are required as the site is not adjacent to any shoreline residential environments and the proposal is consistent with the view corridor requirements of ECDC 24.40.040.B.11. The proposed building is 30 feet in height (as measured from two -feet above based flood elevation). These criteria are satisfied. Chapter 24.50 ECDC General Modification Policies and Regulations SSDP and Design Review p. 12 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECDC 24.50.010 General Modification Policies ECDC 24.50.010.A.1 Locate and design all new development in a manner that prevents or minimizes the need for shoreline modifications. 16. The proposed development on the east side of Admiral Way is located in an area where no shoreline modifications will be required. Chapter 24.60 ECDC Specific Use Policies and Regulations ECDC 24.60.030 Commercial Development and Light Industrial ECDC 24.60.030.A. Applicability. Commercial development means those uses and facilities that are involved in wholesale or retail trade or business activities. Examples include but are not limited to restaurants, hotels, shops, offices, and recreation facilities. Industry applies to those businesses or uses involved in the production, processing, manufacturing, or fabrication of goods. Warehousing and storage of materials or products is considered part of the industrial process. This is a broad category that mostly applies to the downtown commercial waterfront (CW) where development must also comply with Chapter 16.55 ECDC. Uses and activities associated with commercial development that are identified as separate use activities in this master program, such as boating facilities, piers and docks, utilities, etc., are subject to the regulations established for those uses in addition to the standards for commercial development. The design, layout and operation of certain commercial uses directly affects their classification with regard to whether or not they qualms as water -related or water - enjoyment uses. ECDC 24.60.030.B. Commercial Development and Light Industrial Policies. 1. In securing shoreline locations for commercial and light industrial use, preference should be given first to water -dependent commercial uses, then to water -related, water -enjoyment commercial uses. 2. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial and light industrial development. 3. Commercial and light industrial development should ensure visual compatibility with adjacent noncommercial properties. 4. Commercial and light industrial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property. SSDP and Design Review p. 13 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. Commercial and light industrial development should be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated. 17. The proposed development is a water -related use consistent with the requirements of the Commercial Waterfront zone requirements in Chapter 16.55 ECDC. The project site does not impact ecological functions and no restoration of impaired ecological functions is required. The development is compatible with other development within the Port of Edmonds property and will not impact visual or physical access to the shoreline area. The project site is not physically adjacent to the shoreline and cannot provide public access to the shoreline. The proposal is consistent with the policies. ECDC 24.60.030.C. Commercial Development and Light Industrial Regulations. 1. Commercial and light industrial uses are allowed subject to the policies and regulations of ECDC 24.40.020 and the specific criteria below: b. Water -related commercial and light industrial uses may not be approved if the use displaces existing water -dependent uses. Prior to approval of water -related commercial uses, the administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -related use. 18. The proposed marine retail and service use of the building is a water - related use that will not displace any water -dependent uses. The proposed use will be compatible with and provide support to the water -dependent marina use present on the west side of Admiral Way. This criterion is satisfied. 2. Overwater construction of commercial and light industrial uses is prohibited except as follows: a. Only those portions of water -dependent commercial and light industrial uses that require overwater facilities shall be permitted to locate waterward of the ordinary high water mark. b. Non -water -dependent commercial and light industrial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in support of water -dependent uses. 19. No overwater construction is proposed with the subject development. ECDC 24.60.030.D. Commercial Development and Light Industrial — Shoreline Area Regulations. 3. Urban Mixed Use H. SSDP and Design Review p. 14 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a. Water -oriented commercial and light industrial use and development are permitted subject to the policies and regulations of this master program. Non -water -oriented commercial use and development may be permitted subject to the criteria for such uses in subsection (C) (1) (d) of this section. b. A minimum of 15 foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 20. The proposed development is a water -oriented use. The site is not adjacent to any shoreline residential environments. This criterion is satisfied. ECDC 24.60.080 Transportation and Parking This section describes the requirements for transportation and parking facilities within shoreline jurisdiction. The relevant provisions from this section are related to parking. ECDC 24.60.080.0 Transportation and Parking Regulations 6. Parking facilities are not a water -dependent use and shall only be permitted within the shoreline to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. 7. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property. Specific parking standards for uses are identified in the Chapter 17.50 ECDC as now or hereafter amended. 8. Parking layouts must be designed efficiently to use the minimum amount of space necessary to provide the required parking and safe and reasonable access. Parking should not be located between the buildings) on the subject property and the shoreline. Exterior parking areas, other than for detached dwelling units, must be attractively landscaped with vegetation that will not obstruct view of the shoreline from adjacent public areas or adjacent public rights -of -way. 21. The parking associated with the development is consistent with Chapter 17.50 ECDC and supports an authorized water -oriented shoreline use. The parking is on the east side of the proposed building away from the street and pedestrian walkway and located as far from Puget Sound as is possible on the subject site. This criterion is satisfied. ECDC 24.60.080.1) Transportation and Parking — Shoreline Area Regulations SSDP and Design Review p. 15 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3.c. Parking Facilities. In the urban mixed use II environment, the 60 foot setback for parking established in ECDC 24.40.090may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The parking setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet. The minimum setback for parking facilities shall be no less than 40 feet from the bulkhead. 22. The parking area is located more than 60 feet from Puget Sound and the Willow Creek outlet on the east side of the railroad right-of-way. This criterion is satisfied. Design Review 23. Design review compliance has already been addressed in detail in the staff recommendation to the Architectural Design Board, att. 17 to the staff report. In the absence of any error in the staff report and decision of the ADB, there is no need for the Hearing Examiner to add to or modify upon the detailed and technical findings and conclusions of the staff report and ADB. The findings and conclusions of the staff report and ADB as detailed in att. 17 and 18 to the staff report are adopted by this decision as if set forth in full. DECISION All shoreline substantial development criteria and design review criteria are met. The shoreline substantial development permit (PLN20170029) and design review (PLN20170030) are approved subject to the following conditions: 1. All mechanical equipment and other utility hardware on the roof, grounds, or buildings shall be screened to mitigate view impacts from street level. Screening could include the use of architectural elements, landscaping and/or fencing. 2. Street trees shall be a minimum of 3 inches in caliper. Species, location and spacing of the street trees will be determined during civil plan review with the building permit application. 3. If a trash/recycling collection area is added to the development site, it should be provided in a gated trash enclosure to screen view of the waste and recycling containers. 4. The applicant shall submit a geotechnical report during the building permit review to ensure the structure is designed and constructed to standards related to liquefaction seismic hazards. SSDP and Design Review p. 16 Findings, Conclusions and Decision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. The applicant shall install a bench on the west side of the proposed development along the pedestrian walkway. 6. The building shall be designed to meet the flood hazard requirements of ECDC 19.00.025.P. Dated this 9th day of November 2017. Phi A.Olbrechts City of Edmonds Hearing Examiner Appeal Right and Valuation Notices A party of record may submit a written appeal of a Type III-13 decision within 14 days of the date of issuance of the decision. The appeal will be heard at a closed record review before the City Council according to the requirements of ECDC Chapter 20.07. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. SSDP and Design Review p. 17 Findings, Conclusions and Decision STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Ave SE • Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 December 7, 2017 Robert McChesney, Executive Director Port of Edmonds 336 Admiral Way Edmonds, WA 98020 Re: City of Edmonds Permit PLN20170029 — Approved Port of Edmonds — Applicant Shoreline Substantial Development Permit (SDP) #2017-NW-4024 Dear Mr. McChesney: On December 6, 2017, we received notice that the City of Edmonds approved your application for a SDP. Your permit is to construct a new 6,650-square-foot marine retail building intended for boat sales and maintenance. This permit will apply within the Urban Mixed Use II shoreline environment designation of Puget Sound, a shoreline of state significance. By law, local governments must review all SDPs for compliance with: • The Shoreline Management Act (Chapter 90.58 RCW). • Ecology's SDP approval criteria (Chapter 173-27-150 WAC). • The City of Edmonds Local Shoreline Master Program. Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. We have received your approved SDP. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from December 6, 2017, the "date of filing." This waiting period allows anyone (including you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines Hearings Board (SHB). You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. The SHB will notify you by letter if they receive an appeal. We recommend you contact the SHB before you begin permit activities to ensure they have not received an appeal. You may reach them at (360) 664-9160 or littp:Hwww.cluho.wa.gov/13oard/SI I13. Port of Edmonds December 7, 2017 Page 2 If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the SHB website above or on the website of the Washington State Legislature at http://apj)s.leg.wa ov/wac. Other federal, state, and local permits may be required in addition to this shoreline permit. If you have any questions about this letter, please contact David Pater, Regional Shoreline Planner, at (360) 255-4375. Sincerely, Amelia Petersen, Section Assistant Shorelands and Environmental Assistance Program E-cc: Michael Clugston — City of Edmonds