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StaffReport-1_ADB-07-54.pdfARCHITECTURAL DESIGN BOARD AUGUST 15, 2007 MEETING PLANNING DIVISION MEMORANDUM "PUBLIC HEARING: PHASE I" To: The Architectural Design Board From: , Gina Coceia, Planner Date: August 8, 2007 ADB -2007-54: Application by CDA Pirscher Architects, representing Nordic Ventures, for a new 14,742 square foot mixed use building at 3101312 (aka 3081316) 5`h Avenue South in the Downtown Mixed Commercial (BD2) zone. The "Nordic Center" project includes below grade parking, ground floor retail, and multiple residential on the top floor. This is considered "Phase 1" of the public hearing. Property Owner: Kimberly Helleren Nordic Ventures 10727 226`h Street SW Edmonds WA 98020 Site Location: Applicant: Carl Pirscher CDA Pirscher Architects 19500 Ballinger Way NE -- Suite 200 Shoreline WA 98155 3101312 (aka 3081316) 5`h Avenue South (Parcel 427032300412800) (Attachment 2). The site is an existing parking lot with no buildings, so no official address is shown on the County Assessor's website. Project Proposal. CDA Pirscher Architects, representing Nordic Ventures, has made an application for a new mixed-use building on a parcel of land downtown on the west side of 5,h Avenue South in between Maple and Alder Street. The property is approximately 6,100 square feet in area (50' x 122) and is an existing parking lot that is accessed from the alley to the west. There will be approximately 1,841 square feet of retail space, 1,914 square feet of general office space, and four dwelling units (condominiums) including 13 parking spaces. Pursuant to ECDC 16.43.030.D.2, no parking is required for the commercial use(s), and pursuant to ECDC 17.50.010.0.1 four spaces (total) are required for the four residential units. There is a trash and recycling enclosure shown on the west elevation (Attachment 8). The elevations show a variety of materials including vertical metal siding, horizontal wood siding, and cedar trim (Attachment 8). Page I of 2 Staff Memo for ADB -2007-54 (Public Hearing: Phase I) Nordic Center Mixed Use Project ADB Process, The subject site is in the Downtown Mixed Commercial (BD2) zone, which requires District Based Design Review — and because the project triggers the SEPA threshold, it is reviewed as part of a Two - Phase public hearing process before the ADB (ECDC 20.12.005.A — Attachment 3). The Architectural Design Board reviews the design of the project and at the conclusion of Phase II of the public hearing, makes the final decision. This ADB process has been developed in order to provide for public and design professional input at an early point in the process. If/when approved, the applicant would later submit a building permit application for the project, and development standards (such as height and setbacks) would be reviewed by staff. This land use application begins Phase I of the two-part Architectural Design Board (ADB) public hearing process. For Phase I, the ADB will make factual findings regarding the particular characteristics of the property and will prioritize the design guideline checklist (Attachment 5) based upon these facts, the provisions of the City's design guideline elements of the Comprehensive Plan, and the Edmonds Community Development Code. Following public testimony and establishment of the design guideline checklist, the public hearing shall be continued to a specific date. Pursuant to ECDC 20.12.005.13, "Phase 11" of the public hearing will allow the applicant to design or redesign the initial conceptual design to address the input of the public and the ADB by complying with the prioritized design guideline checklist criteria. Once this is done, it will be submitted to staff, who will review the proposal and schedule the project for final review (Phase 11). Also, staff will issue a State Environmental Policy Act (SEPA) Determination prior to Phase 11 of the public hearing. Attachments.- 1. ttachments.1. Land Use Application. 2. Zoning/Vicinity Map, 3. ECDC 20.12: District Based Design Review, 4. ECDC 16.43: BD — Downtown Business. 5. Design Guideline Checklist. b. Vicinity Plan, 7. Conceptual Site Plan. S. Conceptual Elevations. 9. Conceptual Massing Study. Page 2 of 2 city of edmonds land use application ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE # MZ --CSN ZONE © HOME OCCUPATION DATE Q-7- REC'D BY &-go ❑ FORMAL SUBDIVISION r r ❑ SHORT SUBDIVISION FEE RECEIPT#r_1-lLkW( ❑ LOT LINE ADJUSTMENT HBARINGDATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑ STAFF ❑ PB >"B ❑ CC ❑ STRI3ET VACATION ❑ REZONE 1S-Surr�zs'�gq2^ qp _QA. ❑ SHORELINE PERMIT S� �s < <, V � ❑ VARIANCE I REASONABLE USE EXCEPTION u 4 I ❑ OTHER; J� PROPERTY ADDRESS OR LOCATION Q Z 5/ PROJECT NAME (IF APPLICABLE) tAe-y n,G rit e iA PROPERTY OWNER �Q1�;U Le -±,4-e5 PHONE# 2� ADDRESS 1 O 727 22_y -v, S,o, wA RV zD- E-MAIL ADDRESS Y p -d i(o damcast n e- FAX # 2�06 -'>3 - S 2CrO TAx ACCOUNT # 27_03230041.25 -OT SEC. 2-5 TWP.27N RNG. � DESCRIPTION OF PROJECT OR PROPOSED USE 4� Y���o�eurt"�a� I�yi� s _ Tflrto Q_ Scab Qz � _.lq 24:7-5�.-- y 5ui / p APPLICANT COA �7, r' ,, TA_ PHONE# 209 - �bg -1766( ADDRESS (_ JW14W 1 / r7 Y P� Zn2 F- , Q E-MAIL ADDRESS mm t, .21^1 0- --. aroh , cff.7- 1 FAX # 206 - CONTACT PERSON/AGENT , h G I" PHONE # ADDRESS SC�iNtie LLQ LLPi4r��� --- E-MAIL ADDRESS FAx # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or ineor?tplete information furnished by the applicant, his/lier/its agents or employees. By my signature, I certify that the infohnation and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to le thi a 'ca t n the behalf of the owner as listed below, �] SIGNATURE OF APPLICANT/AGENT DATE Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmo ds to enter the subject property for the purposes of inspection and post' g ttend nt to this a lication. SIGNATURE OF OWNER &LhDATE 6 This application form was re 'sed o 1127100. To verify whether it is still current, call (425) 77€-0220. " imb�l e�1�rPm" Attachment 1 - Land Use Application L,,%TBRARYIPLANNTNG1Forms & HandoutsTublic Handums%and Use Applica6mdoc 7 w �r 00 N W E s Cr, LA Q y W Q 2 MAPLE ST ALDER ST WALNUT ST Nordic Center Mixed Use Building File Number ADB -2007-54 3101312 (3081308) 5th Ave N (BD2 Zone) Attachment 2 Vicinity Map 0 100 200 Feet L r I_I Section 3. The Edmonds Community Development Code is hereby amended by the addition of a new Chapter 20.12 District -Based Design Review to read as follows; Chapter 20.12 DISTRICT -BASED DESIGN REVIEW Sections: 20.12.005 Outline of Process and Statement of Intent. 20.12.010 Applicability. 20.12.020 Design Review by the Architectural Design Board. 20.12.030 Design Review by Staff. 20.12.040 Findings. 20.12.050 Criteria. 20.12.080 Appeals. 20.12.090 Lapse of approval. 20.12.005 Outline of Process and Statement of Intent. The Architectural Design Board (ADS) process has been developed in order to provide for public and design professional input prior to the expense incurred by a developer in preparation of detailed design. In combination, Chapters 20.10 and 20.12 are intended to permit public and ADB input at an early point in the process while providing greater assurance to a developer that his general project design has been approved before the final significant expense of detailed project design is incurred. In general, the process is as follows: A. Public hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the City. Staff shall schedule the first phase of the ADB hearing within 30 days of staff's determination that the application is complete. Upon receipt, staff shall provide full notice of a public hearing, noting that the public hearing shall be conducted in two phases. The entire single public hearing on the conceptual design shall be on the record. At the initial phase, the applicant shall present facts which describe in detail the tract of land to be developed noting all significant characteristics. The ADB shall make factual findings regarding the particular characteristics of the property and shall prioritize the design guideline checklist based upon these facts, the provisions of the City's design guideline elements of the Comprehensive tWSS656510.DOC;1100006.9000001) Attachment 3 ECDC 20.12: District -Based Design Review Plan and the Edmonds Community Development Code. Following establishment of the design guideline checklist, the public hearing shall be continued to a date -certain requested by the applicant, not to exceed 120 days from the meeting date. The 120 -day city review period required by RCW 36.7013.080 commences with the application for Phase 1 of the public hearing. The 120 -day time period is suspended, however, while the applicant further develops their application for Phase 2 of the public hearing. This suspension is based upon the finding of the City Council, pursuant to RCW 36.7013.080, that additional time is required to process this project type. The City has no control over the length of time needed or taken by an applicant to complete its application. B. Continued public hearing (public hearing, Phase 2). The purpose of the continuance is to permit the applicant to design or redesign his initial conceptual design to address the input of the public and the ADB by complying with the prioritized design guideline checklist criteria. When the applicant has completed his design or redesign, he shall submit that design for final review. The matter shall be set for the next available regular ADB meeting date. If the applicant fails to submit his or her design within 180 days, the staff shall report the matter to the ADB who shall note that the applicant has failed to comply with the requirements of the code and find that the original design checklist criteria approval is void. The applicant may reapply at any time. Such reapplication shall establish a new 120 -day review period and establish a new vesting date. C. After completing the hearing process, the final detailed design shall be presented to the City in conjunction with the applicable building permit application. The City staff's decision on the building permit shall be a ministerial act applying the specific conditions or requirements set forth in the ADB's approval, but only those requirements. A staff decision on the building permit shall be final and appealable only as provided in the Land Use Petition Act. No other internal appeal of the staff's ministerial decisions on the building permit is allowed. D. The process is schematically represented by the following flow chart. (WSS656510.DOC: 1100006.9000001) Page 12 Proposed New Review Process oa�� cnea uslgLGshmtl Regwed Rml. A{tiB publzaAPW ion to MeeGnpd Aha -H"rkv - city (Haari-g Pilose #j Phaw y a r 20.12.010 Applicability. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold determination under the State Environmental Policy Act (SEPA) using the process set forth in ECDC 20.12.020, below. All other developments may be approved by staff using the process set forth in ECDC 20.12.030, below. When design review is required by the ADB under ECDC 20.12.020, the staff shall review the application as provided in ECDC 20.95.030, and the director of development services — or his designee — shall schedule the item for a meeting of the ADB. 20.12.020 Design Review by the Architectural Design Board. A. Public hearing — Phase 1. Phase 1 of the public hearing shall be scheduled with the Architectural Design Board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.91.010. This notice may be combined with the formal Notice of Application required under ECDC 20.90,010, as appropriate, I . The purpose of Phase I of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on (WSS656510.DOC;1/00006.900000/] Page 13 the Design Guidelines Checklist contained within the design guidelines and ECDC 20.12. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district -specific design objectives contained in the Comprehensive Plan, and the relevant portions of ECDC 20.12 and 20.13, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase l of the public hearing: a. Vicinity Plan showing all significant physical structures and environmentally critical areas within a 200 foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information. b. Conceptual site plan(s) showing topography (minimum 2 -foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site. C. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements. 3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project. The public shall also be invited to address which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record. (WSS656510.DOC;1100006.9000001) Page 14 4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines checklist criteria — and their relative importance — that will be applied to the project during the project's subsequent design review. In submitting an application for design review approval under Chapter 20.12 ECDC, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase 1 of the public hearing. S. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase I of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist. 6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered. B. Continued public hearing — Phase 2. 1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase l of the public hearing described in Chapter 20.12.020.A, above. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing: a. Conceptual site plan showing topography (minimum 2 -foot intervals), general layout of building, parking, streets and access, and proposed open space. b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics. C. Conceptual Utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants. {WSS656510.DOC; 1100006.900000/} Page 15 d. Conceptual Building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building clevation(s). e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered. f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB. g. Optional: Generalized building floor plans may be provided. 2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under 20.12.020.13.11, as appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing. 3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation the Phase 1 public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.91 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal: a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome by clear and convincing evidence. b. Design Objectives. The proposal meets the relevant district -specific design objectives contained in the Comprehensive Plan. {WSS6565I0.DOC; 1100006.900000/} Page 16 c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase 1 of the public hearing under Chapter 20.I2.020.A, above. When conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 4. Project consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Community Development Code. C. Effect of the decision of the ADB. The decision of the ADB described above in ECDC 20.12.020(B) shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff s determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phase I and 2 of the public hearing) who formally requests notice as to: I. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020, and 2. Approval, conditioned approval or denial by staff of the building permit or development approval. 20.12.030 Design Review by city staff. A. Optional pre -application meeting. At the option of the applicant, a pre -application meeting may be scheduled with city staff. The purpose of the meeting is to provide preliminary staff comments on a proposed development to assist the applicant in preparing an application for development approval. Submission requirements and rules of procedure for this optional pre -application meeting shall be adopted by city staff consistent with the purposes of this Chapter. (WSS656510.DOC;1100006,9000001) Page 17 B. Application and staff decision. 1. An applicant for design review shall submit information sufficient to evaluate how the project meets the criteria applicable to the project. Staff shall develop a checklist of submission requirements and review criteria necessary to support this intent. When design review is intended to accompany and be part of an application for another permit or approval, such as a building permit, the submission requirements and design review may be completed as part of the associated permit process. 2. In reviewing an application for design review, Staff shall review the project checklist and evaluate whether the project has addressed each of the applicable design criteria. Staff shall enter the following findings prior to issuing a decision on the proposal: a. Zoning Ordinance. That the proposal meets the bulk and use requirements of the zoning ordinance, including the guidelines and standards contained in the relevant zoning classification(s). b. Design Guidelines. That the proposal meets the relevant district -specific design objectives contained in the Comprehensive Plan When conducting its review, city staff shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 20.12.070 Design Guidelines, Criteria and Checklist. A. In conducting its review, the ADB shall use the design guidelines and design review checklist as contemporaneously adopted in the Design Guidelines. B. Additional Criteria. Design review shall reference the specific criteria adopted for each area or district. 1. Criteria to be used in design review for the downtown Edmonds business districts (BD zones) located within the Downtown/Waterfront Activity Center as shown on the City of Edmonds Comprehensive Plan Map include the following: {WSS65651ADOC;1100006.90000011 Page 18 a. Design objectives for the Downtown Waterfront Activity Center contained in the Edmonds Comprehensive Pian. b. (Reserved.) 2. Criteria to be used in design review for the general commercial (CG and CG2) zones located within the Medical/Highway 99 Activity Center or the Highway 99 Corridor as shown on the City of Edmonds Comprehensive Plan Map include the following: a. Design standards contained in ECDC 16.60 for the General Commercial zones. b. Policies contained in the specific section of the Comprehensive Plan addressing the Medical/Highway 99 Activity Center and Highway 99 Corridor. 20.12.080 Appeals. A. Design review decisions by the ADB pursuant to ECDC 20.12.020.13 are appealable to the city council as provided in ECDC 20.105.040(B) through (E) except that all references to the hearing examiner in ECDC 20.105.040(B) through (E) shall be construed as references to the ADB. These are the only decisions by the ADB that are appealable. B. All design review decisions of the hearing examiner are appealable to the city council as provided in ECDC 20.105.040(B) through (E). C. Design review decisions by staff under the provisions of ECDC 20.12.030 are only appealable to the extent that the applicable building permit or development approval is an appealable decision under the provisions of the ECDC. Design review by staff is not in itself an appealable decision. D. Persons entitled to appeal are (1) the applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing identified in ECDC 20.12.020.13; or (3) anyone testifying on the application at the hearing identified in ECDC 20.12.020.13. OYSS656510.DOC;1100006.90000011 Page 19 20.12.090 Lapse of approval. A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, ADB or hearing examiner approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the ADB's or hearing examiner's minutes or other method of conveying the final written decision of the ADB or hearing examiner as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. B. Time Extension, 1. Application. The applicant may apply for a one time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the planning division along with any other supplemental documentation which the planning manager may require, which demonstrates that he/she is making substantial progress relative to the conditions adopted by the ADB or hearing examiner and that circumstances are beyond his/her control preventing timely compliance. In the event of an appeal, the one-year extension shall commence from the date a final decision is entered in favor of such extension. 2. Fee. The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. 3. Review of Extension Application. An application for an extension shall be reviewed by the planning official as provided in ECDC 20.95.040 (Staff Decision — No Notice Required). {WSS656510.DOC; I/00006.9000001f Page 20 16.40.000 Chapter 16.40 BUSINESS AND COMMERCIAL ZONES — PURPOSES Sections: 16.40.000 Purposes. 16.40.000 Purposes. The general purposes of the business and commercial (B or Q zones are: A. To provide for areas for commercial uses offering various goods and services according to the different geographical areas and various categories of customers they serve; B. To provide for areas where commercial uses may concentrate for the convenience of the public and in mutually beneficial relation- ships to each other; C. To provide for residential uses, commu- nity facilities and institutions which may appropriately locate in commercial areas; D. To require adequate landscaping and off-street parking and loading facilities; E. To protect commercial uses from haz- ards such as fire, explosion and noxious fumes, and also nuisances created by industrial uses such as noise, odor, dust, dirt, smoke, vibra- tion, heat, glare and heavy truck traffic. (Revised 3107) Chapter 16.43 BD -- DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific pur- poses in addition to the general purposes for business and commercial zones listed in Chap- ter 16.40 ECDC. A. Promote downtown Edmonds as a set- ting for retail, office, entertainment and associ- ated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. C. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Pro- vide for a strong central retail core at down- town's focal center while providing for a mixture of supporting commercial and resi- dential uses in the area surrounding this retail core area. D. Focus development between the com- mercial and retail core and the Edmonds Cen- ter for the Arts on small-scale retail, service, and multifamily residential uses. [Ord. 3624 § 1, 2007]. 16.43.010 Subdistricts. The "downtown business" zone is subdi- vided into five distinct subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the Down- town Waterfront Activity Center. Each subdis- Attachment 4 16-12 ECDC 16.43: BD - Downtown Business Edmonds Community Development Code trict contains its own unique mix of uses and zoning regulations, as described in this chap- ter. The five subdistricts are: BD 1 — Downtown Retail Core; BD2 — Downtown Mixed Commercial; 16.43.020 Uses. A. Table 16.43-1. 16.43.020 BD3 — Downtown Convenience Commer- cial; BD4 — Downtown Mixed Residential; BD5 -- Downtown Arts Corridor. [Ord. 3624 § 1, 20071. Permitted Uses BDI BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A Offices A A A A A Service uses A A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on-site retail outlet open to the public A A A A A Automobile sales and service X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C A A A X Printing, publishing and binding establishments C A A A C Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code A A A A A Residential Uses Single-family dwelling A A A A A Multiple dwelling unit(s) A A A A A Other Uses Bus stop shelters A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R) A A A A A Local public facilities subject to the requirements of ECDC 17.100.050 C C C A C 16-12.1 (Revised 3/07) 16.43.020 Permitted Uses BDI BD2 BD3 BD4 BD5 Neighborhood parks, natural open spa6es, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A Off-street parking and loading areas to serve a permitted use B B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B B B B X Commercial parking lots C C C C X Wholesale uses X X C X X Hotels and motels A A A A A Amusement establishments C C C C C Auction businesses, excluding vehicle or livestock auctions C C C C C Drive-in businesses C C A C X Laboratories X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X C X X Day-care centers C C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X C C A X Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C Outdoor storage, incidental to a permitted use D D D D D Aircraft landings as regulated by Chapter 4.80 ECC D D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chap- ter 20.05 ECDC, and all of the following criteria are met: (Revised 3107) 16-12.2 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided con- sistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be com- Edmonds Community Development Code patible with the pedestrian streetscape and shall be located and designed to be as unobtru- sive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent 16.43.030 Site development standards. A. Table 16.43-2. 16,43.030 open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use, shall be decorated by a combination of at least two of the follow- ing: 20071, a. Architectural features or details; b. Artwork; c. Landscaping. [Ord. 3624 § 1, Sub District Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback' Minimum Rear Setback' Maximum HeightZ Minimum Height of Ground Floor4 BD 15 0 0 0 0 0 25' 15' BD25 0 0 0 0 0 25' 12' BD35 0 0 0 0 0 25' 12' BD4',' 0 0 0 0 0 25' 12` B D55 0 0 0 0 0 25' 12' ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. '- Specific provisions regarding building heights are contained in EDCD 16.43.030(C). 3 Within the BD4 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 60 feet measured from the street front of the building. if a proposed building does not meet this ground floor commercial space requirement (e -g,, an entirely residential building is proposed), then the building setbacks listed for the RM -1.5 zone shall apply. See ECDC 16.43.030(8)(4) for further details. 4 "Minimum height of ground floor" means the vertical distance from top to top of the successive finished floor surfaces; and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. "Floor finish" is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure 16.43-1 shows a ground floor height of 15 feet; note that the "finished" ceiling height is only approximately I I feet in this example. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25 percent. 5 Site development standards for single-family dwellings are the same as those specified for the RS -6 zone. 16-12.3 (Revised 3107) 16.43.034 Figure 16.43-1: Ground Floor Height Mea- surement B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. When a commercial use is located on the ground floor, the elevation of the ground floor and associated entry shall be within seven inches of the grade level of the adjoining sidewalk. "Grade" shall be as measured at the entry location. 2. When the street frontage of a building is on a slope which does not allow both the ele- vation of the entry and ground floor to be entirely within seven inches of the grade level of the sidewalk, the building may be designed so that either: a. The entry for the commercial por- tion of the ground floor is located within seven inches of the grade of the adjacent sidewalk, (Revised 3107) 16-12.4 and the commercial portion of the ground floor is within seven inches of the grade level of the entry; or b. The building may be broken up into multiple frontages, so that each entry/ground floor combination is within seven inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of deter- mining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the 13135 zone, the primary entry shall always be on 4th Avenue. 3. Within the BD1 zone, development on the ground floor shall consist of only com- mercial uses. Within the 13132 and BD3 zones, development on the ground floor shall consist of only commercial uses to a minimum build- ing depth of 60 feet, as measured from the street front of the building. 4. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in subsection (13)(3) of this section. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in subsection (13)(3) of this section, then the building setbacks listed for the RM -1.5 zone shall apply. In the case where RM -1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the set- back shall be over four feet in height above sidewalk grade unless it is at least 50 percent open, such as in a lattice pattern. 5. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in subsection (13)(3) of this section. When development of the ground floor does not conform to these requirements, then development within the BD5 zone shall meet the following requirements: Edmonds Community Development Code a. The building shall be oriented to 4th Avenue. "Orientation to 4th Avenue" shall mean that: At least one building entry shall face 4th Avenue. ii. If the building is located adja- cent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e,, ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on-site. i. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable build- ing occupants to use portion(s) of their space for a commercial or art/fabrication use. Live/work space means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household. The live/work space shall be designed so that a commercial or fabrica- tion or home occupation use can be established within the space. 16.43.030 Figure 16.43-2: BD5 Development 16-12.5 Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 6. Exceptions and Clarifications. The regulations for the ground floor contained in subsections (13)(1) through (5) of this section apply with the following exceptions or clarifi- cations. a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single- family use is the only permitted primary use located on the property. c. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement (i.e., when the first 60 feet of the building, as measured perpendicular to the street, is required to be in commercial use, parking may not be located within that 60 feet). However, for properties with less than 90 feet of depth measured from the street front, parking may be located in the rearmost 30 feet of the property, even if a portion of the parking extends into the first 60 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. d. Within the 13132, BD3 and BD4 zones, if the first 60 feet of the building as (Revised 3/07) 16.43.030 measured perpendicular to the street consists only of commercial uses and permitted sec- ondary uses, then permitted multiple -family residential unit(s) may be located behind the commercial uses. e. Within the BD I zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk. This provision does not apply to any residential uses located behind commercial uses. f. Within the BD1 zone, each com- mercial space located on the ground floor shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. 1. The basic height limit is 25 feet (see definition of "height" detailed in ECDC 21.40.030). 2. Step -Back Rules. The following rules apply when calculating the maximum building height for any building in the specified zone(s) (see Figures 16.43-3 and 16.43-4 for illus- trated examples). a. Within the BD2, BD3, or BD4 zones, an additional five feet of building height, not to exceed 30 feet, may be obtained if the building is designed to meet all of the fol- lowing conditions: i. A building step -back is pro- vided within 15 feet of any street front. Within the 15 -foot step -back, the maximum building height is the lesser of 25 feet above grade at the property line (e.g., normally the back of the sidewalk) or 30 feet above the "average level" as defined in ECDC 21.40.030. For corner lots, a 15 -foot step -back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e., less than 40 feet of lot width) to enable it to provide the required step -back on both street fronts, then the step -back may be waived facing the sec- ondary street. This waiver may not be granted for building step -backs required from Fifth Avenue, Dayton Street, or Main Street. (Reviser} 3107) 16-12.6 ii. A 15 -footstep -back is provided from the property line opposite the street front. Within the 15 -foot step -back, the maximum building height is the lesser of 25 feet above grade or 30 feet above the "average level' as defined in ECDC 21.40.030. For corner lots for which a 15 -foot step -back is required on more than one street front, there is no 15 -foot step -back required from the property line opposite each street front. For the purpose of determining step -back requirements, alleys are not considered to be streets. til. A building setback, in which the entire building is set back from the prop- erty line, may be substituted on a foot -for -foot basis for the required building step -back. For example, a five-foot building setback can be combined with a 10 -foot building step -back to meet the 15 -foot step -back requirement. b. Within the BD1 zone, building height may be a maximum of 30 feet in order to provide for a minimum height of 15 feet for the ground floor. The allowable building height is measured from the "average level" as defined in ECDC 21.40.030. Edmonds Community Development Code Fere :16.43-3: Uphill Example 16.43.030 r rv� Required building step -backs 32;-6. T 34'-0" 25'-0" 25.0" i 1 Street/ROW _.... 120.4r_ . Depth of Propz r•rk' — — Average Level for height calculation - -- -. Original Grade ------ 30' Height Limit from 'average level" Allowed building height envelope No required building step -back at street, since height limit of 30' above average Figure 1643-4: Downhill Example level is lower than 25' above street _.� I.: gip; �;... ;N Required building step -back 30. Q., 37'-B" 26'-0" Street/ROW �r _ . - • — V-6- ... . 120'-0" .. _.. -,m _.- ._ ------- �:......,.__... L��rprh rrf7�rn�reat�• — . — Average Levet for height calculation - — — Original Grade -... w W . 30' Height Limit from "average level" Alloyed building height envelope. 16-12.7 (Revised 3107) 16.43.030 3. Within the BD5 zone, the maximum height may be increased to 30 feet if the build- ing meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof are at least six - in -12 and the roof includes architectural fea- tures, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. b. If the building does not make use of a pitched roof system as described in sub- section (C)(3)(a) of this section, step -backs shall be required the same as for the BD2 zone, as described in ECDC 16.43.030(C)(2)- 4. Height Exceptions. In addition to the height exceptions listed in ECDC 21.40.030, the following architectural features are allowed to extend above the height limits spec- ified in this chapter. a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of five feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or facade of the building. The decorative archi- tectural element shall not cover more than five percent of the roof area of the building. b. Roof or deck railings may extend a maximum of 42 inches above the specified height limit within any building step -back required under ECDC 16.43.030(C)(2); pro- vided, that the railing is constructed so that it has the appearance of being transparent. An example meeting this condition would be a railing that is comprised of glass panels. D. Off -Street Parking and Access Require- ments. The parking regulations included here apply specifically within the BD zone. When- (Revised 3147) 16-12.8 ever there are conflicts between the require- ments of this chapter and the provisions contained in Chapter 17.50 ECDC, Off -Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD 1 zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any com- mercial floor area of permitted uses located within the BD1, BD2, BD4, and BD5 zones. 3. No parking is required for any floor area in any building with a total building foot- print of less than 4,500 square feet. E. Open Space Requirements. 1. For buildings on lots larger than 12,000 square feet or having an overall build- ing width of more than 120 feet (as measured parallel to the street lot line), at least five per- cent of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10 percent. Open space shall be provided adjacent to the street front (street lot line). Such open space may be provided as any combination of: a. Outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. Public plaza or sidewalk that is accessible to the public; c. Landscaping which includes a seating area that is accessible to the public. 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75 percent of the depth of the open space, mea- sured relative to the street (i.e., width is mea- sured parallel to the street lot line, while depth is measured perpendicular to the street lot line). Edmonds Community Development Code Figure 16.43-5: Building Size, Width and Open Space Example, • Building is lots, each i feet. • Building wi 120 feet. • ©pen spac required dt building wii due to lot a • Open spac provided e; the 5% of l requirerner Lo Bu 16.43.030 F. Historic Buildings. The exceptions con- tained in this section apply only to buildings listed on the Edmonds register of historic buildings. 1. if a certificate of appropriateness is issued by the Edmonds historic preservation commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be pro- cessed as a staff decision, notice required, as provided for in ECDC 20.95.050. a. Building step -backs required under subsection (C)(2) of this section. b. Open space required under subsec- tion (E) of this section. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds register of historic buildings. Note that additional parking excep- tions involving building expansion, remodel- ing or restoration may also apply, as detailed in ECDC 17.50.070(C). 3. Within the BD5 zone, if a building listed on the Edmonds register of historic buildings is retained on-site, no off-street park- ing is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the city shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is, maintained in its historic form and appear- ance so long as the additional building(s). obtaining the parking benefit exist on the prop - 16 -12.9 (Revised 3107) 16.43.040 erty. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R - zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot mini- mum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in resi- dential use. 1. Signs, Parking and Design Review. See Chapters 17.50, 20, 10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. J. Satellite Television Antennas. In accor- dance with the limitations established by the Federal Communications Commission, satel- lite television antennae greater than two meters in diameter shall be reviewed in accor- dance with the provisions of ECDC 16.20.050. [Ord. 3624 § 1, 2007]. 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be car- ried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchan- dise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3624 § 1, 2007]. Chapter 16.45 — NEIGHBORHOOD 16.4-1000 Purposes. 16.45. 10 Uses. 16.45 - NO Site development star 16.45.0 Operating restrictions 16.45.00OX Purposes. The BNV! has the followi poses in ad 'tion to the gener business and ommercial zone: ter 16.40 EC A. To reser e areas, for t) offices, retail r, offer goods and e day basis by resi B. To ensure c ment patterns by a ated chiefly within 16.45.010 Uses. A. Permitted P: 1. Single -fa in RS -6 zone; 2. Neighbor retail service us commercial gar theaters, audito t (specific pur- purposes for sted in Chap - retail stores, :lents which eJacighborhood aea on an every- oarea; invenient develop- vses that are oper- I A Uses. , as regulated )d-onted retail stores, exclu ng uses such as used ar lots, taverns, under king establish- ments and tho uses requiri a conditional use permit as ted below; 3. Offi s and outpatient c "nits, exclud- ing commer al kennels; 4. D cleaning stores and 1 undromats; 5. S all animal hospitals; 6. urches, subject to the re irements of ECDC 7.100.020; 7. rimary and high schools s 'ect to the re irements of ECDC 17.100. 50(G) (Revised 3/07) 16-12.10 throu (R); Local public facilities designate and sit/9. n the capital improvement plan, su 'ect toequirements of ECDC 17.100.050; Neighborhood parks, natural open spaces, and community parks with an adopted Design Guidelines Checklist This checklist is intended as a summary of the issues addressed by the guidelines. It is not meant to be a regulatory device or a substitute for the language and examples found in the guidelines themselves. Rather, it is a tool for assisting the determination about which guidelines are the most applicable on a particular site. A. Site Planning B. Bulk and Scale NIA Lower Priority Higher Priority 1. Reinforce existing site characteristics ❑ ❑ ❑ 2. Reinforce existing streetscape characteristics ❑ ❑ ❑ 3. Entry clearly identifiable from the street ❑ ❑ ❑ 4. Encourage human activity on street ❑ ❑ ❑ 5. Minimize intrusion into privacy on adjacent sites ❑ ❑ ❑ 6. Use space between building and sidewalk to provide security, privacy and interaction (residential projects) ❑ ❑ ❑ 7. Maximize open space opportunity on site (residential projects) ❑ ❑ ❑ 8. Minimize parking and auto impacts on pedestrians and adjoining property ❑ ❑ ❑ 9. Discourage parking in street front ❑ ❑ ❑ % Orient building to corner and parking away from corner on public street fronts (corner lots) ❑ ❑ ❑ B. Bulk and Scale Attachment 5 Design Guideline Checklist Page 3 of 22 Revised by ADB 311106 NIA Lower Higher Priority Priority 1. provide sensitive transitions to nearby, less- ❑ ❑ ❑ intensive zones Attachment 5 Design Guideline Checklist Page 3 of 22 Revised by ADB 311106 D. Pedestrian Environment NIA Lower Priority Higher Priority 1. Complement positive existing character and/or respond to nearby historic structures ❑ ❑ ❑ 2. Unified architectural concept ❑ ❑ ❑ 3. Use human scale and human activity ❑ ❑ ❑ 4. Use durable, attractive and well -detailed finish materials ❑ ❑ ❑ 5. Minimize garage entrances ❑ ❑ ❑ D. Pedestrian Environment E. Landscaping N/A Lower Priority Higher Priority 1. Provide convenient, attractive and protected pedestrian entry ❑ ❑ ❑ 2. Avoid blank walls ❑ ❑ ❑ 3. Minimize height of retaining walls ❑ ❑ ❑ 4. Minimize visual and physical intrusion of parking lots on pedestrian areas ❑ ❑ ❑ 5. Minimize visual impact of parking structures ❑ ❑ ❑ 6. Screen dumpsters, utility and service areas ❑ ❑ ❑ 7. Consider personal safety ❑ ❑ ❑ E. Landscaping Page 4 of 22 Revised by ADS 311106 NIA Lower Higher Priority Priority 1. Reinforce existing landscape character of ❑ ❑ ❑ neighborhood 2. Landscape to enhance the building or site ❑ ❑ ❑ 3. Landscape to take advantage of special site ❑ ❑ ❑ conditions Page 4 of 22 Revised by ADS 311106 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I b I I I I I I I I I F I I S I I I I I I I I J I I I�,1I I I I I I ---:;—I J I u-----' ------TSI--- ---lY, I I i� I IQI Iml I I I I I I I I q I I I I I I I I I I I I I I I I I I I I I II I , I 1� ------------- ------- - S 3nN3Ad 419 ------------r------------------------------------------------------------------I---- � cr) w LL tv 0 � LLL 11.,; a,;l ! 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