Marine Retail Building Time Extension (2).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