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Zoning Confirmation Letter for 180 2nd Ave S - Edmonds Landing.pdf
Itzc.18911 April 18, 2007 GARY HAAKENSON CITY OF EDMONDS MAYOR 121 5TH AVENUE NORTH . EDMONDS. WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwwd.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Mr. Shauntae Suttle Planning & Zoning Resource Corporation 100 Northeast 5"' Street Oklahoma City, OK 73104 Fax: (405) 418-2641 RE: ZONING CONFIRMATION LETTER FOR EDMONDS' LANDING, 184 — 2ND AVENUE SOUTH, EDMONDS WA 98020. Dear Mr. Suttle: This letter is in response to your inquiry received on March 30, 2007 regarding Edmonds' Landing located at 180 — 2nd Avenue South in Edmonds. Please refer to the attached page from the City's address book to ensure that the circled property is the site that you are enquiring about. Additionally, please note that the address of this property shows up as 141 Dayton Street in the Snohomish County Assessor's records. Specific answers to each of your questions follow: What is the current zoningof f the property? The current zoning of the site is BD4 ("Downtown Mixed Residential") pursuant to Edmonds Community Development Code (ECDC) Chapter 16.43. Please refer to the attached copy of ECDC Chapter 16.43 for information on the allowable uses and applicable development regulations for the 13134 zone. • Is the property in any special, restrictive, or overlay district? The property is located within the "Downtown Mixed Residential" Comprehensive Plan designation, and is also included in the "Downtown/Waterfront Activity Center" overlay. Please refer to the goals for the Downtown Waterfront Activity Center in the attached section of the Comprehensive Plan. Incorporated August 11, 1890 Sister City - Hekinan, Japan • What are the abuttingzoning oning designations? Please refer to the attached zoning map. The adjacent properties to the north and east are also zoned BD4 ("Downtown Mixed Residential"). The property located on the south side of Dayton Street is zoned P ("Public Use"). The property. located on the west side of Sunset Avenue South is zoned BC ("Community Business"). The property located on the southwest corner of Sunset Avenue South and Dayton Street is zoned CG ("General Commercial"). • Was this a Planned Unit Development? If so can we please get a copy of the PUD? The City of Edmonds has "Planned Residential Developments," but not "Planned Unit Developments." This property was not a "Planned Residential Development." • Was this PTOPelly granted any variances special exceptions, or conditional use permits or zoning relief of any kind? If so could we lease get a copy of them? If these are not available would you briefly outline the conditions of the applicable document?(excluding signage) The subject property was granted a conditional use permit in 1999 (City File No. CU - 1997 -115). At the time of the conditional use permit application, the subject property was located within the BC ("Community Business") zone, which requires a conditional use permit for convalescent homes as a primary use. Therefore, a conditional use permit for the assisted living facility was required. A copy of the conditional use permit is attached. Now that the property is located within the BD4 ("Downtown Mixed Residential") zone, convalescent homes are a permitted primary use without the need for a conditional use permit. • Are there any legal nonconforming issues? No nonconforming issues have been identified at this time. The structure on the subject property was constructed consistent with the requirements of the BC {"Community Business") zone. Since the zone has since changed to the new BD4 ("Downtown Mixed Residential") zone, it is possible that there are now nonconforming issues on the site because the BD4 zone has different site development standards (i.e. required setbacks, maximum height, ground floor requirements, -etc.) than the BC zone. • To the best of your knowledge, do your records show any unresolved Zoning or Building Code violations at the present time? The City's Building Official has indicated that she is not aware of any current building code violations on the subject property. The City's Code Enforcement Officer has indicated that he is not aware of any current zoning violations on the subject property. • Was this site developed with Site Plan Approval? If so could we obtain a copy of the approved plan and/or conditions? Yes, the site was developed with site plan approval. The City has approved site plans and building permits for Edmonds Landing on file. There is a $5 large copy fee for a copy of the site plan, which can be obtained through the City's Building Division. • Is this site in compliance with the current Zoning Code? As discussed above, no known nonconforming issues have been identified at this time, but it is possible that there are nonconforming issues due to the fact that the zoning of the property has recently changed. Any nonconforming issues on the site would be subject to the requirements of ECDC Chapter 17.40. • Were Certificate of Occupancies issued? If so, can we obtain these copies or couldyouu please fill out our attached form letter? Yes, a certificate of occupancy was issued for the subject property. A copy of the certificate is included for your reference. I hope this addresses your questions. If you have any further questions, please do not hesitate to contact me at (425) 771-0220, extension 1224. Sincerely, Jennifer Machuga, Planner Development Services Department CITY OF EDMONDS Attachments: 1. Address Book Map 2. ECDC Chapter 16.43 (BD -Downtown Business) 3. Comprehensive Plan (Downtown Waterfront Activity Center section) 4. Zoning and Vicinity Map 5. Conditional Use Permit File No. CU -1997-115 6. Certificate of Occupancy Attachment I 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 C) 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. 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 stieets 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- (Revised 3/07) 16-12 Attachment 2 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 Retai I Core; BD2 — Downtown Mixed Commercial; 16.43.020 Uses. A. Table 15.43-1. 16.43.020 BD3 — Downtown Convenience Commer- cial; BD4 — Downtown Mixed Residential; BDS — Downtown Arts Corridor. [Ord. 3524 § 1, 2007]. Permitted Uses BD 1 I BD2 I BD3 BD4 I BDS 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 I 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 BD1 BD2 BD3 BD4 BDS 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 W Permitted primary use B = PenTdtted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not pera itted 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) 1 16-12.2 L 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. Sub Minimum Lot Minimum District Area Lot Width 16.43.030 open, such as a lattice pattern. B lank 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: a. Architectural features or details; b. Artwork; c. Landscaping. [Ord. 3624 § 1, 2007]. Minimum Minimum Minimum Minimum Street Side Rear Maximum Height of Setback Setback' Setback' Height2 Ground Floor4 BD15 0 0 0 BD25 0 0 0 BD35 0 0 0 BD4'-5 0 0 0 BD55 0 0 0 0 0 0 0 0 0 0 0 0 0 25 25' 25' 25' 25' 15' 12' 12' 12' 12' t 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. 2 Specific provisions regarding building heights are contained in EDCD 16.43.030(0). 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 t 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) 16.43.030 Figure 16.43-1: Ground Floor Height Mea- surement l 1 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 BD5 zone, the primary entry shall always be on 4th Avenue. 3. Within the BD 1 zone, development on the ground floor shall consist of only com- mercial uses. Within the BD2 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: i. 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 Building at right (foreground) shores 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 BD2, 13133 and BD4 zones, if the first 60 feet of the building as 116-12.5 (Revised 3107) 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 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 BD 1 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. (Revised 3/07) 16-12.6 ii. A 15 -foot step -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. iii. 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 BDt 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 21.40.0301 . Edmonds Community Development Code Figure 16.43-3. Uphill Example 16.43.030 .. Required building stiap-backs 32:6 30'-0" 251-0" • � a . � . �� - M .'—ti �.� r . ..�.�. . . rW..' • . rw . r •r.rrnr r • .CI A4 Street/ROW Average level for height calculation -- — Original Grade a------ 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 16.43=4. Downhill Example level is lower than 25' above street M7Required building step -back 25'-0°' 37'-6' r T � .. .....r .....,.......... ....... ..�,.. r:.... .. _... � .. _ . 15'-0" 7'-6' I�efiilrt�I?rnf�erty ' -- • -- Average: Level for height calculation Original Grade -... »�• • • .30' Height Limit: Wrn 'average level" --�' Allowed building height envelope 16-12.7 (Revised 3/07) 1.6.43.030 3. Within the B135 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 3Po7) 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 BD I, 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 4,800 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 . Fgure I643-5: Building Size, Width and ©pen Space i✓xannple; • : Building is tots, eadh feet. • Building wr1 120 feet.. • Open spat mqu.ired di building Wi due td loi s +� t5per� spot provided e the 5610 .of l u€remel ... Lt im at 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 P Chapter 20.45 ECDC for the proposed projedt, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration 'sof 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 requiredun 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. I. 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, 20071. (Revised 3/07) 16_12.10 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS 1 45.000 Purposes. 16. 5.010 Uses. 16. .020 Site development standards. 16.4 30 Operating restrictions. 16.45.0 Purposes. The B zone has the following poses in dition to the general business an commercial zones li ter 16.40 E C: A. To nese e areas, for those offices, retail rvice est offer goods and rvices r day basis by resi is of a B. To ensure co pact, c mens patterns by al wing ated chiefly within b dirq re pur- ses for Chap - 1 stores, which Fon an every- borhood area; -tient develop - that are oper- 16.45.010 Uses. A. Permitted Prima ses. 1. Single-famil d pings, as regulated in RS -6 zone; 2. Neighbor od-oric " ed retail stores, retail service us , excludi uses such as commercial gar es, used c lots, taverns, theaters, audit ums, underta g establish- ments and tho uses requiring conditional use permit as sted below; 3. Off' es and outpatient clip s, exclud- ing co mej ial kennels; 4. cleaning stores and lau omats; 5. mall animal hospitals; 6. hurches, subject to the requi ents of EC C 17.100.020; . Primary and high schools subje to the equirements of ECDC 17.100.050 ) thr gh (R); sl8. Local public facilities designated an ed in the capital improvement plan, subject he requirements of ECDC 17.100.050; 9. Neighborhood parks, natural open spaces, and community parks with an adopted Downtown Waterfront Activity Center A. Plan Context. A number of public plans and projects have been taking shape in recent years, and these wilt have a profound impact on the future of the city's downtown waterfront area. Some of these ongoing activities include= • Transportation planning and the Edmonds Crossing multimodal project which will move the existing ferry terminal at the base of Main Street to a new multimodal transportation center at Pt_ Edwards. Continued development of the city's waterfront parks and walkways into an interconnected necklace of public spaces_ • The South County Senior Center is undertaking strategic planning to look at its facilities, programs, and services_ • Public access to the water and the natural beauty of the waterfront figures prominently in the Port of Edmonds' plans, including new plazas, improved walkways and public art_ Public pedestrian/bicycle access across the railroad tracks to the waterfront, in the vicinity of the south end of the marina, near Marina Beach Park, should remain a high priority. • Arts plans continue to be implemented throughout the downtown, including such projects as the Edmonds Center for the Arts, the Artworks facility, and the continued expansion of downtown festivals and events_ • Edmonds Community College has expanded its downtown presence through new initiatives with the Edmonds Floral Conference Center and is working with the Edmonds Center for the Arts to enhance overall operations. B. Downtown Vision. Taken together, the goals and policies for the Downtown Waterfront Activity Center present a vision for Edmonds downtown waterfront. By actively pursuing the ferry terminal's relocation, the City has set upon an ambitious and exciting course. It is a course that holds promise for the downtown waterfront, but it is one that will require concerted action by the entire community, including local, state and federal public officials, business groups and citizens_ While the challenges presented in this effort are substantial, the possible rewards are even greater, for with its existing physical assets, future opportunities and the energy of its citizens, Edmonds has the potential to create one of the region's most attractive and vital city centers- Components enters_ Components of the overall vision for the downtown waterfront area include-- The nclude_ Land Use The Edmonds Crossing multimodal transportation center provides convenient transportation connections for bus, ferry, rail, auto and bicycle riders and makes Edmonds an integrated node in the regional transportation system_ The new terminal reduces negative impacts to downtown Edmonds while still providing a link between the terminal and downtown Edmonds_ The project provides the community with varied transportation resources and an economic stimulus to the larger community. Attachment 3 Downtown is extended westward and connected to the shoreline by positive mixed-use development as wetNs by convenient pedestrian routes_ Redevelopment of the holding lanes and SR -i44 is pursued after the ferry terminal relocates to Point Edwards_ • The shoreline features a full spectrum of recreational activities, park settings, marina facilities, and supporting uses. • There is a more efficient transportation system featuring commuter and passenger trains, increased bus service, pedestrian and bicycle routes, and adequate streets and parking areas. • There is a more active and vital setting for new retail, office, entertainment and associated businesses supported by both nearby residents and the larger Edmonds community, and that attracts visitors from throughout the region. • The downtown supports a mix of uses, including traditional commercial and multi family development with new mixed-use development types_ Single family neighborhoods are a part of this mix of uses, and contribute to the choice of housing and character of downtown_ • Opportunities for new development and redevelopment reinforce Edmonds' attractive, small town pedestrian -oriented character. Pedestrian -scale building height limits are an important part of this quality of life, and remain in effect. • Provide incentives to encourage adaptive reuse as an alternative to redevelopment of historic structures in order to preserve these resources. • Auto traffic is rerouted to minimize impact to residential neighborhoods. C. Goals for the Downtown Waterfront Area. To achieve this vision, goals for the Downtown Waterfront Activity Center include_ • Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region_ Continue to plan for and implement the Edmonds Crossing muttimodal transportation center at Pt. Edwards --- pursuing the design, permitting, land acquisition and development of the project- The completion of Edmonds Crossing will help address the competing needs of three regional facilities (transportation, parks and open space — including the Edmonds Marsh, and the Port of Edmonds) while providing opportunities for redevelopment and linkage between downtown Edmonds and its waterfront. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity - Identify supporting arts and nuxed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area_ Emphasize and plan for links between the retail core and these supporting areas_ 26 Land Use • Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multi -family residential uses_ • Develop gateway/entrance areas into downtown which serve complementary purposes (e.g_ convenience shopping, community activities). Explore alternative development opportunities in the waterfront area, such as specifically encouraging arts -related and arts -complementing uses_ D. Transportation. Primary goals of the City's Downtown Waterfront Plan include integrating the downtown core with the waterfront, improving pedestrian access and traffic circulation, and encouraging mixed-use development. Current conditions limit the city's ability to achieve these plan goals by making it difficult to move between the two areas, thereby minimizing the value of the shoreline as a public resource and amenity while adversely affecting the potential for redevelopment A number of studies and public involvement projects have been completed to determine how to meet the variety of transportation needs that converge within Downtown Edmonds. Following an initial 1992 Ferry Relocation Feasibility Study and a visioning focus group convened by Edmonds' Mayor in April 1992, the importance of the conflicting transportation needs culminated in the City of Edmonds, Washington. State Ferries, and Community Transit signing a Memorandum of Understanding (MOU) in November 1993_ The MOU called for the cooperative development of solutions to the conflicts between the City's growth plans and ferry traffic in particular. In response to that agreement, preliminary engineering and environmental analysis of alternatives began in late 1993. In 1994, the Edmonds City Council held public hearings on the possibility of relocating the existing ferry terminal and incorporating a new terminal within a larger multimodal project. As a result of the hearings, the Council expressed support for a regional multimodal facility. The Council also approved the 1994 Edmonds Downtown Waterfront Plan which specifically supported the facility's location at Pt. Edwards. Further environmental review and facility definition resulted in a recommendation that an alternative site (other than the existing Main Street location) should be developed as a multimodal facility serving ferry, rail, bus, pedestrian, and bicycle travel needs. Several alternative sites for the relocated ferry terminal and the proposed multimodal center were evaluated as part of the early environmental screening process. During this screening process, federal, state, regional, and local regulatory agencies—including affected Tribes---- provided input regarding issues that could impact selecting reasonable alternatives. Based on this extensive screening process, two alternatives were recommended for further analysis in the Environmental Impact Statement process. A Draft Environmental Impact Statement (DEIS) was issued on February 25, 1998, and the Final EIS was issued on November 10, 2004. Pt. Edwards is the preferred alternative for a multimodal terminal site. In addition to the transportation benefits of moving the existing ferry terminal, a number of redevelopment opportunities will result within the downtown waterfront area. These range from park and public access improvements to opportunities for significant redevelopment and connections between the waterfront and downtown. Land Use 27 .Figure 9_ Integration of the remaining ferry pier structure into surrounding parks will be a key public benefit and opportunity. - New rf•'^-` ~ Combined ParkHoods r`..�/ ', �\ \ i ''•._-`�� _-- `-1. i _. Edmonds Crossing. Edmonds Crossing is a multimodal transportation center proposed to be constructed at Point Edwards, the former UNOCAL oil storage facility south of the Edmonds Marina. This multimodal transportation center will provide the capacity to respond to growth while providing improved opportunities for connecting various forms of travel, including rail, ferry, bus, bicycle, walking and ridesharing. The project is supported by local, regional, and state plans, including the Puget Sound Regional Council's Destination 2030 Metropolitan Transportation and VISION 2020 plan; Washington State Ferries' (WSF) System Plan for 1999-2018; Snohomish County's countywide Transportation Plan; the City of Edmonds Comprehensive flan; and the Port of Edmonds Strategic Plan and Master Plan. Edmonds Crossing will provide: • Intersection improvements at Pine Street and SR -104; Interconnection of Amtrak service to Chicago and Vancouver, B.C., Sounder commuter rail service between Everett and Seattle, and other regional transportation modes; • Connections to the regional transit system with direct bus service to communities throughout the urban growth area; • Enhanced ability for people to rideshare, bicycle and walk to connect with travel opportunities at the multimodal center, • Improved safety and travel on Edmonds local streets and along SR -104 between the ferry terminal and 1-5- 0 Linkage between Navy facilities at Everett and on the Kitsap peninsula. The project includes: + A ferry terminal; • A train station; 28 Land Use • A train station; • A transit center for bus and regional transit, as well as the opportunity for riders to connect to downtown businesses via a local circulator service; • The flexibility to operate the facility to respond to changing travel demands; • Safety features including grade separation of train traffic from other modes of travel, designated vehicle parking and holding areas, and improved passenger waiting areas. UNOCAL \ Pier (to be removed) Marine Beach Pad( VVAhwi �, OPen Channel Stauxar h$ F.�vata O O s Fent Heid Parking S�Ih aea �G app . , Cp wed Pede man Walkw s � = Platr— ,A/ SCFLE 41f EET D i00 6V0 Scwt,E xruEiERS 0 5n tlHl Fro t' -Ler 1Wetlands - Creek E� Figure 10. Edmonds Crossing preferred alternative " from the 2004 FEIS. Land Use 29 CITyI"Ited SBClwn P Employee ( Ikxr Creek Bus SLCP (Lined Cha l) Parking S�Ih ' Termirsa! J wmn��w.r app �4 Rail—d , Cp wed Pede man Walkw T u eoethy � = Platr— flus 2nd story I� !i Watling iAma AgM Edmonds rStormwater U. Marsh Pond 3 �. —Am RoaQ M—h Fro t' -Ler 1Wetlands - Creek E� Figure 10. Edmonds Crossing preferred alternative " from the 2004 FEIS. Land Use 29 P Employee Parking S�Ih S T u eoethy 2nd story Faalaies' Sate- AgM Edmonds r," U. Marsh 3 �. —Am RoaQ Fro t' -Ler 1Wetlands - Creek E� Figure 10. Edmonds Crossing preferred alternative " from the 2004 FEIS. Land Use 29 -�a Public Pier rdeveloDment/ Dounloli7i Tian Gatentvv Holy Privet ns to drnonds _ Core Center - iorthe Arts View Corti dors & pedestrian connections • to `Historic Center" r • itmonds 00 Public Safety 1_ F-nc 1n>''; i �i � ��l�� •'ice '��' � !� � ' ' ' - i ya " AtawMu€61refid i �� Edmonds =ir i f�rgtirat wastewater 0, tu.`lt14C , Harbor ; pian[ = - s `Historic Center eomrnuler.rtiit ! Square pedestrian -scale View -Corridors � design to Puget Sound - - -- !_ • T = Arts Corridor / e owntawn Waterfront Connection- -- Gateways •• _ View Corridor &� - ` 41 ort ends pedestrian connection P- ����� t0 "Historic Center" Master Plan tnultijarndy J �n redevelopment of "tipperyard " _ t 300 600 .Q' While the Edmonds Crossing project will directly benefit the transportation system, the project will also provide significant benefits to downtown Edmonds_ Completion of the project provides an opportunity to redevelop the existing ferry terminal facilities and the related holding lanes in the downtown area. Providing a connection from the new multimodal terminal to downtown Edmonds will potentially bring more visibility and visitors to the downtown area. E. Plan Policies and Implementation Strategy. The vision and goals for Downtown Waterfront Activity Center are designed to present a coherent vision for future development in the area. To implement this vision, a series of policies and an implementation strategy are intended to guide future public and private actions. Implementation Strategy. Key issues tied to the viability and health of the downtown waterfront area include using the Edmonds Crossing project to help resolve transportation issues, linking downtown with the waterfront, and taking advantage of redevelopment opportunities arising from emerging trends and public investments. The largest single factor affecting the downtown waterfront area is the timing and construction of the Edmonds Crossing project. Because of this, a two -phased downtown waterfront redevelopment strategy is envisioned. The first phase includes actions taken before the existing 30 Land Use ferry terminal is relocated to the Pt_ Edwards site, and is intended to include actions taken to support ongoing redevelopn"t and arts -related improvements downtown_ This phase will also set the framework for subsequent redevelopment after the terminal's relocation_ -Che second phase is aimed at comprehensive redevelopment to link the downtown with the waterfront, better utilize shoreline resources, increase economic viability and provide the setting for a broad range of community functions_ Short Term .Actions- Short term actions are those actions that can take place prior to construction of the Edmonds Crossing project, generally in the next 5-7 years. 1. Plan for the Edmonds Crossing project at Pt- Edwards which includes relocation of the existing ferry terminal_ Planning should also include reuse of the current ferry terminal and related holding area_ 2_ Improve the existing downtown rail station between Dayton and Main Streets in order to better accommodate inter -city passenger and commuter rail service, including provisions for bus and commuter traffic as well as pedestrian connections to the waterfront and downtown_ During the short term planning period, evaluate the feasibility of retaining a commuter rail presence downtown after the construction of Edmonds Crossing- - I flan for future joint public/private development of the area between SR -104 and the railroad tracks_ Planning activities could potentially include infrastructure planning, property acquisition, parking management, development incentives and guidelines or modifications to land use regulations (such as zoning or master planning)_ Although Amtrak and commuter rail service will be included as a part of the Edmonds Crossing project, the City and transit service providers should examine whether a commuter rail stop can be retained between Dayton and Main Streets in order to provide improved service and stimulate potential redevelopment of the surrounding area_ 4. Upgrade secondary downtown streets for pedestrians_ Implement the city's public urban design plan and street tree plan while expanding public amenities and streetscape improvements in areas where these do not already exist. These improvements are particularly needed along Main and Dayton Streets in the area between downtown and the waterfront in order to improve pedestrian connections between downtown and the waterfront area- Pedestrian improvements should be combined with traffic improvement projects where applicable_ S. Continue to promote shoreline management and public access to the city's beaches, parks, and walkways - 5. Continue implementing a continuous shoreline walkway (boardwalklesplanade) from Brackett's Landing North to Point Edwards. Work with the Port of Edmonds to integrate recreation and marina functions into the long term plan- 7- Work with the Senior Center to plan for long term needs for the senior center facilities and programs_ S- Encourage a variety of housing to be developer) as part of new development and redevelopment of downtown properties- Housing should be provided to serve a diverse community, including single family homes, multi family apartments and condominiums, housing as part of mixed use developments, and housing connected with five/work developments that Land Use 31 could also encourage an arts -oriented community in the downtown area_ A special focus for arts - supporting live/work arrang l"ts could be in the corridor and nearby residential areas linking downtown with the Edmonds Center for the Arts_ 9_ Begin improvements to mitigate ferry terminal traffic (and other traffic) increases, as envisioned in the Edmonds Crossing project and the transportation element of the comprehensive plan_ lo. Develop "gateways" at key entrances to the downtown area which enhance the identity and sense of place for downtown. Gateways should signal that visitors are entering downtown Edmonds, and should include elements such as public art, landscaping, signage and directional ("way -finding") aids_ Long Term Actions_ Long term actions are those actions that can take place during or after construction of the Edmonds Crossing project, generally in the next 7-20 years_ Complete a multi modal transportation center at Point Edwards for: Rail (inter -city and commuter) + Ferry + Park & Ride/Auto • Bus • Pedestrian and shuttle connections to other features and amenities_ 2_ Complete redevelopment of the Point Edwards site consistent with an overall master plan that provides for commercial or mixed use development compatible with the Edmonds Crossing project. 3_ Coordinate circulation and public parking with Port development. 4. Continue to protect and enhance existing wetlands and continue to develop supporting non -intrusive interpretive trails and exhibits. 5_ Continue development of a "necklace" of shoreline parks with improvements, focusing on missing links in the park and walkway system. Retain and expand existing parks, providing linkages whenever property acquisitions or easements become available for public use_ 6_ Encourage the development of centralized parking facilities as part of redevelopment projects. Under the right circumstances, these types of facilities can provide an efficient mechanism for consolidating expensive .parking improvements while freeing up land for more intensive and desirable uses that support local housing, commercial, and pedestrian activities- Public/private partnerships should be explored when the opportunity arises, both in private and public projects (e -g. the commuter rail station downtown)_ Centralized parking facilities could be built as part of a master -planned nnixed-use development. 7. Redevelop the existing ferry terminal site at the base ofMain Street according to a master plan after the existing ferry terminal has been relocated to Point Edwards_ This is a unique location, situated in the midst of a continuous park and beach setting, and provides opportunities for public/private partnerships. Was to be pursued include public "festival" entertainment or activity space, visitor moorage, park and public walkways, and other uses that would encourage this as to become a destination drawing people from south along the waterfront and eastward up 32 Land Use into downtown_ Redevelopment of this area should be done in a manner that is sensitive to and enhances the views down Main Street and from the adjoining parks and public areas_ $_ Redevelop the area from the east side of SR -104 to the railroad tracks, from Harbor Square to Main Street, according to a mixed use master plan_ This area could provide a significant opportunity for public/private partnerships_ Under the right circumstances, consolidated parking or a pedestrian crossing to the waterfront could be possible as part of a redevelopment project_ Every opportunity should be taken to improve the pedestrian streetscape in this area in order to encourage pedestrian activity and linkages between downtown and the waterfront. Uses developed along public streets should support pedestrian activity and include amenities such as street trees, street furniture, flowers and mini parks. Main and Dayton Streets should receive special attention for public art or art integrated into private developments to reinforce the visual arts theme for downtown_ Redevelopment of this area should also take advantage of the ability to reconfigure and remove the ferry holding lanes paralleling SR -104 once the Edmonds Crossing project is developed. 9_ Support redevelopment efforts that arise out of planning for the long term needs of the senior center_ These plans should reinforce the center's place in the public waterfront, linking the facility to the walkways and parks along the shoreline_ 10. New development and redevelopment in the downtown waterfront area should be designed to meet overall design objectives and the intent of the various "districts" described for the downtown area_ Downtown Waterfront Pian policies. The following policies are intended to achieve the goals for the downtown waterfront area - E. 1. rea:E.1. Ensure that the downtown waterfront area continues and builds on its function as a key identity element for the Edmonds community_ E2_ Future development along the waterfront should support the continuation and compatible design of three regional facilities: Edmonds Crossing at Pt. Edwards; the Port of Edmonds and its master plan; and the regional parks, beaches and walkways making up the public shoreline_ E3. Utilize the Point Edwards site to its best community and regional potential by developing a multimodal transit center with compatible development in the surrounding area. In addition to the regional benefits arising from its multi modal transportation function, an essential coutmunity benefit is in removing intrusive ferry traffic from the core area which serves to visually and physically separate downtown from the waterfront_ E.4_ Establish a Point Edwards multimodal transportation center which provides convenient transportation connections for bus, ferry, rail, auto, pedestrians and bicycle riders and makes Edmonds an integrated node in the regional transportation system_ The new terminal should be planned to reduce negative impacts to downtown Edmonds — such as grade separation/safety concerns and conflicts with other regional facilities — while providing the community with unique transportation resources and an economic stimulus to the larger con-ununity. Land Use 33 E_5. Extend Downtown westward and connect it to the shoreline by encouraging mixed-use development and pedestrian=rQnented amenities and streetscape improvements, particularly along Dayton and Main Streets. Development in this area should draw on historical design elements found in the historic center of Edmonds to ensure an architectural tie throughout the Downtown Area_ Pursue redevelopment of SK -104 and the existing holding lanes once the ferry terau-nal moves to Point Edwards. E_5_ Enhance Edmonds' visual identity by continuing its pedestrian -scale of downtown . development, enhancing its shoreline character, and protecting and building on the strong visual quality of the "Sth and Main" core. E_7. Improve traffic conditions by removing ferry traffic impacts from the downtown core_ E.$_ Improve and encourage economic development opportunities by providing space for local businesses and cottage industries and undertaking supporting public improvement projects_ Of particular significance is the enhancement of economic development opportunities resulting from the Edmonds Crossing project and the enhancement of Edmonds as an arts and water - oriented destination_ E.9_ Enhance shoreline features to include a full spectrum of recreational activities, park settings, natural features (such as the Edmonds Marsh), and marina facilities_ I.tnprove public access to the shoreline and link waterfront features by establishing a continuous esplanade along the shoreline. The esplanade will be constructed over time through public improvements and Shoreline Master Program requirements placed on private development - E -10. Provide a more efficient transportation system featuring improved bus service, pedestrian and bicycle routes, and adequate streets and parking areas- E-11- reas_ E_1l_ Encourage a more active and vital setting for new retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, downtown commercial activity and visitors from throughout the region_ E.12. Support a prix of uses downtown which includes a variety of housing, commercial, and cultural activities_ E_13. Support the development and retention of significant public investments in the downtown waterfront area, including government and cultural facilities that help draw residents and visitors to downtown. E.14_ Encourage opportunities for new development and redevelopment which reinforce Edmonds' attractive, small town pedestrian oriented character_ Provide incentives to encourage adaptive reuse as an alternative to redevelopment of.historic structures in order to preserve these resources. These historic structures are a key component of the small town character of Edmonds and it's economic viability. Height limits that reinforce and require pedestrian -scale development are an important part of this quality of life, and should be implemented through zoning regulations and design guidelines_ E_15_ Provide greater residential opportunities and personal services within the downtown, especially to accommodate the needs of a changing population_ 34 Land Use E.16. Provide for the gradual elimination of large and inadequately landscaped paved areas- E-17. reas_E_17. Provide pedestrian -oriented amenities for citizens and visitors throughout the downtown waterfront area, including such things as: • Weather protection, • Street trees and flower baskets, • Street furniture, • Public art and art integrated into private developments, • Pocket parks, • Signage and other way -finding devices, • Restrooms. E,1 S_ Strive for the elimination of overhead wires and poles whenever possible_ E.19. Coordinate new building design with old structure restoration and renovation. E20. Develop sign regulations that support the pedestrian character of downtown, encouraging signage.to assist in locating businesses and public and cultural facilities white discouraging obtrusive and garish signage which detracts from downtown pedestrian and cultural amenities - E -21 - menities_ E-21. Provide lighting for streets and public areas that is designed to promote comfort, security, and aesthetic beauty. E22. Building design should discourage automobile access and curb cuts that interfere with pedestrian activity and break up the streetscape_ Encourage the use of alley entrances and courtyards to beautify the back alleys in the commercial and mixed use areas in the downtown area_ Downtown Waterfront Districts. In addition to the goals and policies for the downtown waterfront area, the Comprehensive Plan Map depicts a number of districts in the downtown waterfront area. These districts are described below_ Retail Care. The area immediately surrounding the fountain at S'h and Main and extending along Main Street and Fifth Avenue is considered the historic center of Edmonds and building heights shall be pedestrian in scale and compatible with the historic character of this area_ To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses and the entry situated at street level. Uses are encouraged to be retail -compatible (ii -e. retail or compatible service — e_g_ art galleries, restaurants, real estate sales offices and similar uses that provide storefront windows and items for sale to the public that can be viewed from the street). The street front facades of buildings must provide a high percentage of transparent window area and pedestrian weather protection Land Use 35 along public sidewalks. Design guidelines should provide for pedestrian -scale design features, differentiating the lower, commercial floor from the upper floors of the building. Buildings situated around the fountain square must be orientated to the fountain and its associated pedestrian area_ Arts Center Corridor_ The corridor along 4th Ave N between the retail core and the Edmonds Center for the Performing Arts. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses, with commercial entries being located at street level_ Building design and height shall be compatible with the goal of creating a pedestrian oriented amts corridor while providing incentives for the adaptive reuse of existing historic structures_ Building entries for commercial buildings must provide pedestrian weather protection. Design guidelines should provide for pedestrian -scale design features, differentiating the lower floor from the upper floors of the building_ The design of interior commercial spaces must allow for flexible commercial space, so that individual business spaces can be provided with individual doorways and pedestrian access directly to the public sidewalk_ The streetscape should receive special attention, using trees, landscaping, and public art to encourage pedestrian activity_ Private development projects should also be encouraged to integrate art into their building designs_ Where single family homes still exist in this area, development regulations should allow for "live -work" arrangements where the house can accommodate both a business and a residence as principal uses_ Uses supporting the arts center should be encouraged — such as restaurants, cafes, galleries, live/work use arrangements, and B&Bs_ Downtown Mixed Commercial. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses_, with commercial entries at street level. Buildings can be built to the property line. Building heights shall be compatible with the goal of achieving pedestrian scale development_ The first floor of buildings must provide pedestrian weather protection along public sidewalks_ Design guidelines should provide for pedestrian -scale design features, differentiating the lower, commercial floor from the upper floors of the building_ The design of interior commercial spaces must allow for flexible commercial space, so that individual business spaces can be provided with individual doorways and pedestrian access directly to the public sidewalk- When the rear of a property adjoins a residentially -designated property, floor area that is located behind commercial street frontage may be appropriate for residential use_ Where single family homes still exist in this area, development regulations should allow for "live -work" arrangements where the house can accommodate both a business and a residence as principal uses. Downtown Mixed Residential. In this area, commercial uses would be allowed but not required (Le_ buildings could be entirely commercial or entirely residential, or anything in between). Height and design of buildings shall conform to the standards of the Downtown Mixed Commercial District_ Buildings facing the Dayton Street corridor should provide a pedestrian - friendly streetscape, providing pedestrian amenities and differentiating the ground floor from upper building levels_ Downtown Master Plan_ The properties between SR -104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Raiff parking area up to Main Street. This.area is appropriate for designAnven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The location of existing taller buildings on the waterfront, and the site's situation at the bottom of "the Bowl," could enable a design that provides for higher buildings outside current view corridors_ Any redevelopment in this area 36 Land Use should be oriented to the street fronts, and provide pedestrian -friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a "first impression" of the city from railroad passengers and visitors to the waterfront. Art work, landscaping, and modulated building design should be used throughout any redevelopment project. Shoreline Commercial. The waterfront, west of the railroad tracks between the public beaches and the Port (currently zoned CW)_ Consistent with the City's Shoreline Master Program, this area should allow a mix of public uses, supporting commercial uses, and water -oriented and water -dependent uses. Building heights shall be compatible with the goal of achieving pedestrian scale development while providing incentives to encourage public view corridors. Roof and building forms should be an important consideration in design guidelines for this area, because of its high sensitivity and proximity to public open spaces. Redevelopment should result in singular, landmark buildings of high quality design which take advantage of the visibility and physical environment of their location, and which contribute to the unique character of the waterfront. Pedestrian amenities and weather protection must be provided for buildings located along public walkways and street fronts. Master Plan Development. The waterfront area south of Olympic Beach, including the Port of Edmonds and the Point Edwards and multi modal developments. This area is governed by master plans for the Port of Edmonds, Point Edwards, and the Edmonds Crossing project as described in an FEIS issued on November 10, 2004. These areas are also developed consistent with the City's Shoreline Master Program, as it applies. Downtown Convenience Commercial. This is the south end of 5th Ave, south of Walnut. Commercial uses would be required on the first floor, but auto -oriented uses would be permitted in addition to general retail and service uses. To encourage a vibrant downtown, first floor spaces should be designed with adequate ceiling height to accommodate a range of retail and commercial uses. Weather protection would still be required, but to a lesser degree than the retail core and only when the building was adjacent to the sidewalk. Height and design of buildings shall conform to the standards of the Downtown Mixed Commercial District. When the rear of a property adjoins a residentially -designated property, floor area that is located behind the commercial street frontage may be appropriate for residential use. Planned Residential -Office. Several properties lie along the railroad on the west side of Sunset Ave between existing commercial zoning and Edmonds Street. This area is appropriate for small- scale development which provides for a mix of limited office and residential uses which provide a transition between the more intensive commercial uses along Main Street and the residential uses along Sunset Ave. Because the area of this designation is located adjacent to commercial development to the south, the railroad to the west, and is near both multiple family and single- family residential development, this area should act as a transition between theses uses. Building design for this area should be sensitive to the surrounding commercial, multiple family and single-family character. Land Use 37 Downtown Design Objectives. As a companion to the districts outlined above, general design objectives are included for the downtown waterfront area. These objectives are intended to , encourage high quality, well designed projects to be developed in the downtown waterfront area that reflect the values of the citizens of Edmonds. 111E+911_ilit]_DyIb►1 The development of parking lots, pedestrian walkways and landscapingfeatures is an integral part of how a building interacts with its site and its surrounding environment. Good design and site planning improves access by pedestrians, bicycles and automobiles, minimizes potential negative impacts to adjacent development, reinforces the character and activities within a district and builds a more cohesive and coherent physical environment. Vehicular Access and Parking a. Minimize the number of driveways (curb cuts) in order to improve pedestrian, bicycle and auto safety by reducing the number of potential points of conflict. When alleys are present, these are the preferred method of providing vehicular access to a property and should be used unless there is no reasonable alternative available. b. Design site access and circulation routes with pedestrians' comfort and ease of access in mind. c. Provide adequate parking for each development, but keep cars from interfering with the pedestrian streetscape. d. In the Retail Core, adopt a "park and walk" policy to reinforce pedestrian safety and ease of access. Within the Retail Core, new curb cuts should be discouraged and there should be no requirement to provide on-site parking. e_ Create parking lots and building service ways that are efficient and safe for both automobiles and pedestrians, but that do not disrupt the pedestrian streetscape. f Provide safe routes for disabled people. Pedestrian Access and Connections a. Improve streetscape character to enhance pedestrian activity in downtown retail, general commercial, and residential areas. b. Improve pedestrian access from the street by locating buildings close to the street and pedestrian sidewalks, and defining the street edge. Cross walks at key intersections should be accentuated by the use of special materials, signage or paving treatments. c. In all of the retail and commercial downtown districts, pedestrian access to maximized, enabling each retail or commercial space at street level to be directly accessed from the sidewalk. d. Encourage the use of mass transit by providing easy access to pleasant waiting areas. Building Entry Location a. Create an active, safe and lively street -edge. b. Create a pedestrian friendly environment. c. Provide outdoor active spaces at the entry to retail/commercial uses. d. Commercial building entries should be easily recognizable and oriented to the pedestrian streetscape by being located at sidewalk grade. 38 Land Use Building Setbacks a. Provide for a Duman, pedestrian -friendly scale for downtown buildings_ b. Create a common street frontage view with enough repetition to tic each site to its neighbor_ c_ Provide enough space for wide, comfortable and safe pedestrian routes to encourage travel by foot. d. Create public spaces to enhance the visual attributes of the development and encourage outdoor interaction. Building/Site Identity a. Do not use repetitive, monotonous building forms and massing in large mixed use or commercial projects_ b_ Improve pedestrian access and way -finding by providing variety in building forms, color, materials and individuality of buildings. c. Retain a connection with the scale and character of the Downtown Edmonds through the use of similar materials, proportions, forms, masses or building elements. d. Encourage new construction to use design elements tied to historic forms or patterns found in downtown. Weather protection a. Provide a covered walkway for pedestrians traveling along public sidewalks in downtown_ b. Protect shoppers and residents from rain or snow. c. Provide a covered waiting area and walkway for pedestrians entering a building, coming from parking spaces and the public sidewalk. Lighting a. provide adequate illumination in all areas used by pedestrians, including building entries, walkways, bus stops, parking areas, circulation areas and other open spaces to ensure a feeling of security. b. Special attention should be paid to providing adequate public lighting to encourage and support nighttime street activity and safety for pedestrians. c_ Minimize potential for light glare to reflect or spill off-site. d. Create a sense of welcome and activity. Signage a. Protect the streetscape from becoming cluttered. b. Minimize distraction from the overuse of advertisement elements_ c_ Provide clear signage to identify each distinct property or business and to improve orientation and way -finding downtown. d. Use graphics or symbols to reduce the need to have large letters. .Land Use 39 e. Lighting of signs should be indirect or minimally backlit to display lettering and symbols or graphic design instead of broadly lighting the face of the sign - f. Signage and other way -finding methods should be employed to assist citizens and visitors in finding businesses and services. g. Signage should be given special consideration when it is consistent with or contributes to the historic character of sites on the Edmonds Register of Historic Places. Site Utilities, Storage, Trash and Mechanical a. Hide unsightly utility boxes, outdoor storage of equipment, supplies, garbage, recycling and composting. b. Minimize noise and odor. c. Minimize visual intrusion. d. Minimize need for access/paving to utility areas Art and Public Spaces a. Public art and amenities such as mini parks, flower baskets, street furniture, etc., should be provided as a normal part of the public streetscape. Whenever possible, these elements should be continued in the portion of the private streetscape that adjoins the public streetscape. b. Art should be integrated into the design of both public and private developments, with incentives provided to encourage these elements. c. 1n the Arts Center Corridor, art should be a common element of building design, with greater design flexibility provided when art is made a central feature of the design_ 2. BUILDING FORM Building height and modulation guidelines are essential to create diversity in building forms, minimize shadows cast by taller buildings upon the pedestrian areas and to ensure compliance with policies in the city's Comprehensive Plan_ Protecting views from public parks and building entries as well as street views to the mountains and Puget Sound are an important part of Edmonds character and urban form. Height a. Maintain the human, pedestrian scale and character of historic Edmonds. b. Create and preserve a human scale for downtown buildings. Unless more specific provisions are contained in the descriptions for specific downtown districts, buildings shall be generally two stories in exterior appearance, design and character. However, incentives or design standards may be adopted which are consistent with the pedestrian scale of downtown Edmonds and which allow for additional height that does not impact the generally two-story pedestrian -scale appearance of the public streetscape. Note that the Downtown Master Plan district described on pages 35-37 could allow a design which provides for higher buildings outside current view corridors. c. Preserve public view corridors along east -west downtown streets — such as Main Street and Dayton Street — that afford views to the mountains and Puget Sound to the west. Massing a. Large building masses shall be avoided in the downtown waterfront activity center. Large building masses should be subdivided vertically and/or horizontally to replicate the smaller scale streetscape elements found along downtown's pedestrian streets. 40 Land Use b. Require human scale elements in building design that reinforce the difference between the pedestrian streetscape and the upper levels of a building_ c. Use combinations of other techniques, such as roof and wall modulation or combinations of different wall materials with windows and trim, to break up apparent building masses into smaller elements. When the size or configuration of a site does not lend itself to varying building mass, these alternative techniques should be employed to obtain a pedestrian -friendly result. Roof Modulation a. Use combinations of roof types and decorative elements such as parapets or architectural detailing to break up the overall massing of the roof and add interest to its shape and form. b. Create and reinforce the human scale of the building. c. Use roof forms to identify different programs or functional areas within the building. d. Provide ways for additional light to enter the building. e. Encourage alternate roof treatments that improve and add interest to building design. Features such as roof gardens, terraces, and interesting or unique architectural forms can be used to improve the view of buildings from above as well as from the streetscape. Wali Modulation a_ Create a pedestrian scale appropriate to Edmonds. b. Break up large building masses and provide elements that accentuate the human scale of a facade. c. Avoid blank, monotonous and imposing building facades. d. Design the building to be compatible with the surrounding built environment. e. Encourage designs that let more light and air into the building. 3. BUILDING FACADE Buildingfacade guidelines ensure that the exterior of buildings, the portion of buildings that defines the character and visual appearance of a place, is of high quality and demonstrates the strong sense of place and integrity valued by the residents of the City of Edmonds. Facade Requirements a_ Improve the pedestrian environment in the Downtown retail/commercial area by differentiating the pedestrian -oriented street level of buildings from upper floors. b_ Ensure diversity in design. c. Reinforce historic building patterns found in Downtown Edmonds. d. Provide a human scale streetscape, breaking up long fagades into defined forms that continue a pattern of individual and distinct tenant spaces in commercial and mixed use areas. e_ Improve the visual and physical character and quality of Downtown Edmonds_ f. Create individual identity in buildings. Window Variety and Articulation a. Windows help define the scale and character of the building. In the retail and mixed commercial districts, building storefronts must be dominated by clear, transparent glass windows that allow and . encourage pedestrians to walk past and look into the commercial space. b. Upper floors of buildings should use windows as part of the overall design to encourage rhythm and accents in the facade. Land Use 41 Building Facade Materials A. The materials that make up the exterior facades of a building also help define the scale and style of the structure and provide variation in the facade to help reduce the bulk of larger buildings. From the foundation to the roof eaves, a variety of building materials can reduce the scale and help define a building's style and allows the design of a building to respond to its context and client's needs. It is particularly important to differentiate the Iower, street level of a building from the upper floors that are less in the pedestrian's line of sight. Accents/Colors/Trim A. Applied ornament and architectural detail, various materials and colors applied to a facade as well as various decorative trim/surrounds on doors and windows provide variation in the scale, style and appearance of every building facade. Awnings and canopies also add to the interest and pedestrian scale of downtown buildings. The objective is to encourage new development that provides: • Compatibility with the surrounding environment, • Visual interest and variety in building forms, • Reduces the visual impacts of larger building masses, • Allows identity and individuality of a project within a neighborhood. 42 Land Use Ws.§`-TW-wl m . A P � u 111:.St 1gg�" CITY OF EDMONDS g BARBARA FAHEY 250 STH AVENUE NORTH + EDMONDS, WA 98020 • (206) 771-0220 • FAX {206) 771-0221 � � t i�B R HEARING EXAMINER APR D 6 1999 FINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS APPLICANT: Julie Brockman / NW Care Management, Inc. CASE NO.: CU 97-115 and ADB 97-116 LOCATION: 141 Dayton St. DEFT. APPLICATION: Consolidated Permit Application for a Conditional Use Permit for an 83 -bed "Assisted Living Care Facility" and compliance with the City's Architectural Design Board Design Criteria. (Exhibit A, Attachments 2, 3, 4 and 6). REVIEW PROCESS: Conditional Use Permit: Hearing Examiner conducts public hearing and makes final decision. The Architectural Design Board (ADB) has reviewed the proposal and has made a recommendation. MAJOR ISSUES: (1) Compliance with Edmonds Community Development Code (ECDC) Section 16.53 (Community Business - BC). (2) Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (Conditional Use Permits). SUMMARY OF RECOMMENDATION AND DECISION: Staff Recommendation: Approve with conditions Hearing Examiner Decision: Approve with conditions PUBLIC HEARING: After reviewing the official file which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the application was opened at 10:55 a.m., April 1, 1999, in the City Hall, Edmonds, Washington, and closed at 12:08 a.m. Participants at the public hearing and the exhibits offered and entered are listed in this report_ A verbatim recording of the hearing is available in the Planning Division. • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan Attachment 5 Hearing Examiner Decision Case No. CU 97-115fADB 97- t 16 Page 2 HEARING COMMENTS: The following is a summary of the comments offered at the public hearing. From the City: Steve Bullock reviewed the staff advisory report and entered it into the record (Exhibit A). He noted this is a consolidated review for both design and use. He also noted that after the Architectural Design Board (ADB) review of the proposal, the applicant redesigned the roof to provide modulation in accordance with the ADB motion. From the Applicant: Julie Brockman, Applicant, reviewed the proposal and discussed the assisted living concept. Charlie Wright, Johnson Architects, explained the revised plans and said they had attempted to mitigate view impacts. From the Community: Shirley Faris, neighbor, asked questions about the ratio of employees to clients, hours of construction, length of construction, noise, access to the trash area, and deliveries to the site. She also expressed concerns about traffic and parking related to the proposal. Sterling Jensen, neighbor, said he too was concerned about parking (including visitor parking) and had a strong objection to the loss of Landau parking, which now uses the site. He asked where the mechanical equipment would be placed. Merrill Younkin, neighbor, took exception to the view analysis that was submitted with the revised plans. He expressed concerns about loss of views from the El Capitan condominiums and he expressed concerns about loss of parking in the area. Response from the Applicant: Julie Brockman responded that there will be maximum of 15 staff on site during any shift. She also said after construction 24 parking spaces will be provided to Landau and that Edmonds Financial will provide the other 12 spaces. Jeff Saboda, Johnson Architects, discussed the parking issue and responded to questions about the location and design of the trash enclosure. He said construction would take place over a period of 12 to 14 months and noted that parking may be able to be staged on site during construction. He said they plan to locate much of the mechanical equipment in the garage. Dale Watkins, Traffic Engineer, said the use will be a low traffic generator and only 14 trips are expected during the PM peak. He said he doesn't foresee any congestion problem. Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page 3 CORRESPONDENCE: Two letters, with attachments, were submitted by Karen Wiggins (Exhibits B & Q. She expressed an issue about the parking easement her firm (which leases to Landau) has which needs to be addressed prior to commencement of construction. REVIEW BY THE ARCHITECTURAL DESIGN BOARD The ADB met on March 17, 1999 to review the request and adopt a recommendation to the Hearing Examiner (Exhibit A, Attachment 2). The following recommendation for approval was made: Boardmember Sullivan moved, seconded by boardmember Chalupnik, to recommend approval of ADB -97-116 and CU-97-II5 to the Hearing Examiner, because the Board finds that: • The applicant has successfully met the requirements of ECDC section 20.10.070.A.6, that all sides of the building be adequately modulated; • Although the proposal does not meet the requirements of ECDC section 20.10.070.A.6 and 20.10.070.C.3, in discussions with the applicant, it appears that it could be modified to meet these requirements; • It should be noted that the roof as proposed does not meet the roof modulation requirements; With these modifications the application is found to be consistent with the Comprehensive Plan and other adopted City policies, it meets the requirements of the zoning ordinance, and satisfies the criteria in the Edmonds Community Development Code. Motion Carried The Board's major concern was that the ridgeline of the roof that runs north and south the length of the building be broken up to allow for view corridors of Puget Sound to the west to be maintained for properties to the east of the proposed building. In discussion between the applicant and the Board it appeared that the applicant could make some changes to their proposal to address the Boards concern. Drawings have been submitted which reflect the Board's request (Exhibit A, Attachment 7). With this design, the Board would recommend approval of the roof as a modulated design. All other element of this proposal met with the approval of the Architectural Design Board, including landscaping and materials. Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page 4 FINDINGS OF FACT AND CONCLUSIONS A. SITE DESCRIPTION a)— Facts: (1) Land Use: The subject property contains a single warehouse type structure. 2 Zoning: The subject property is located in a Community Business (BC) zone (Exhibit A, Attachment 1). (3) Terrain and Vegetation: The site is relatively flat with a slight slope from east to west side of the property. 2. Neighboring Development And Zoning: 1 Fact: The property is surrounded on the north, east and west by the BC zone and commercial and mixed-use development. The property across the street to the south is the City wastewater treatment plant. 2 Fact: The ferry holding lines are adjacent to the property on the west. B. STATE ENVIRONMENTAL POLICY ACT (SEPA) 1. Fact: SEPA is required of any project, which requires a Conditional Use Permit. A Mitigated Determination of Nonsignificance was issued November 13, 1997, based on a submitted traffic study. No comments or appeals were received_ C. EDMONDS COMMUNITY DEVELOPMENT CODE (E CDC) COMPLIANCE 1. Critical Areas Compliance a Facts: (1) This proposal is subject to review under ECDC Chapter 20.15.B (Critical Areas Ordinance). (2) A Critical Areas Checklist (CA -97-170) was submitted and the requirement for a study waived. bJ Conclusion: The applicant has met the requirements of the Critical Areas Ordinance. 2. Compliance with the Community Business (BC) Zoning Standards a) Facts: (1) The fundamental site development standards pertaining to development in the Community Business (BC) zone is set forth in Chapter 16.50.020. Hearing Examiner Decision Case No. CU 97-115/ADB 97-115 Page 5 (a) Street Setback: 0 feet (b) Rear Setback: 0; 15 feet from residentially zoned property (c) Side Setbacks: 0; 15 feet from residentially zoned property (d) Height. 25 feet (up to 30 feet with a 3 -in -12 pitched roof or an approved modulated design) b Conclusion: The applicant has provided a proposal, which complies with the Community Business (BC) zone standards. 3. Compliance with Requirements for a Cond'it'ional Use Permit a Fact (1) Chapter 20.05 of the ECDC sets forth the mechanism whereby the following findings and criteria must be met. The criteria are as follows: (a) The proposed use must be consistent with the Comprehensive Plan. (b) The proposed use, and its location, is consistent with the purposes of the zoning ordinance and the purposes of the zone district in which the use will meet all applicable requirements of the zoning ordinance. (c) That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. (d) The Hearing Examiner shall determine whether the conditional use permit shall run with the land or shall be personal. b) The applicant has submitted the following declarations with their submittal which address the decisional criteria (see Exhibit A, Attachment 4): (a) The project is consistent with the Comprehensive Plan in that it is in Edmonds, and it is zoned Community Business. (b) The project is consistent with the Zoning Code in that the BC zone states as one of its purposes: "To allow for multiple dwelling units(s) as a secondary use to the business uses. (c) The project will not be detrimental in that the proposed use does not put a great burden on surrounding properties or uses. The typical resident will be 84 years old, not drive their own car and have occasional visitors. The pleasing look of the building will help ensure that it will not be detrimental to the community. (d) Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page 6 The applicant has requested that this Conditional Use Permit "run with the land" and be allowed to transfer if necessary - C) Conclusions: (1) The Comprehensive Plan designation for the site is part of the Downtown Activity Center with a Mixed Use Designation. The application is in compliance with the following Comprehensive Plan policies - A. 1. olicies: A.I. Extend Downtown westward and connect it to the shoreline by positive mixed-use development as well as by convenient pedestrian routes. A.5. Support a mix of uses downtown without encroaching into single family neighborhoods. A.6_ Encourage opportunities for new development and redevelopment, which reinforce Edmonds' attractive, small town pedestrian oriented.character. Existing height limits are an important part of this quality of life, and remain in effect. A.7. Provide greater residential opportunities and personal services within the downtown, especially to accommodate needs of senior citizens. A.11. Provide for the gradual elimination of large and inadequately landscaped paved areas. (2) The proposal will comply with all aspects of the Community Business development standards of the ECDC_ (3) The type of use proposed generally does not generate as much traffic as a typical residential use, and is appropriate to be located in a mixed use area with its potential access to transit. If approved with conditions addressing parking during construction and visitor parking after construction, the use should not be significantly detrimental to the public health, safety and welfare, or to nearby private property or improvements. (4) Staff recommended that the permit be allowed to transfer to future owners of the property. D. TECHNICAL COMMITTEE a Facts: (1) The ADB and Conditional Use Permit application has been reviewed and evaluated by the Fire Department, Public Works Division, Engineering Division, and the Parks and Recreation Division. No Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page 7 department has any concerns that will significantly change this proposal. b) Conclusion: No technical problems have been identified_ E. COMPREHENSIVE PLAN (ECDC) 1. Comprehensive Plan Designation a)- Fact: (1) The Comprehensive Pian identifies the site as part of the Downtown Activity Center with a Mixed Use Designation. The application is in compliance with the following'Comprehensive Plan policies: A. 1. Extend Downtown westward and connect it to the shoreline by positive mixed-use development as well as by convenient pedestrian routes. A.5. Support a mix of uses downtown without encro&ching into single family neighborhoods. A.6. Encourage opportunities for new development and redevelopment, which reinforce Edmonds' attractive, small town pedestrian oriented character. Existing height limits are an important part of this quality of life, and remain in effect. A.7. Provide greater residential opportunities and personal services within the downtown, especially to accommodate needs of senior citizens. A.I1. Provide for the gradual elimination of large and inadequately landscaped paved areas. b) Conclusion: The proposed development is consistent with the existing Comprehensive Plan Land Use designation for the site. DECISION Based upon the foregoing findings and conclusions, the request for a Conditional Use Permit and Architectural Design to allow and assisted care facility to be constructed is approved, subject to the following conditions: (1) The applicant must obtain all necessary permits and pay the required traffic mitigation fee (required in the MDNS) prior to any construction. (2) All landscaping per the approved landscape plan must be installed prior to Certificate of Occupancy. Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page S (3) Prior to issuance of a building permit, the applicant shall submit a construction parking plan to the Planning Division for review and approval. The parking plan shall address: (a) How and where alternate parking for the 36 spaces now allocated to Wiggins Properties will be provided, and (b) How and where parking for construction workers will be provided_ (4) Prior to issuance of a certificate of occupancy, the applicant shall submit a visitor parking plan to the Planning Division for review and approval. The plan shall address how visitor parking can be readily provided during visiting hours at the facility. (5) The permit shall run with the land and be transferable. Entered this 5"' day of April, 1999, pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. fz MX�, Ron McConnell Hearing Examiner The following is a summary of the deadlines and procedures for filing reconsideration's and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. REQUEST FOR RECONSIDERATION Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. APPEALS Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page 9 reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. LAPSE OF APPROVAL Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' NOTICE TO COUNTY ASSESSOR The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. EXHIBITS: The following exhibits were offered and entered into the record. A. Planning Division Advisory Report B. Letter from Karen Wiggens, dated 3126/99 C. Letter from Karen Wiggens, dated 3/29199 D. Modified site plans PARTIES of RECORD: Thomas Johnston Northwest Care Management 385 Ericksen Ave., Suite 123 Bainbridge Island, WA 98110 Julie Brockman NW Care Management 285 Ericksen Avenue, Suite 123 Bainbridge Island, WA 98110 Shirley Faris 200 James St. Edmonds, WA 98020 Charlie Wright 385 Ericksen Ave., Suite 123 Bainbridge Island, WA 98110 Sterling Jensen 200 James St. #101 Edmonds, WA 98020 Jeff Saboda 375 Ericksen Ave., Suite 222 Bainbridge Island, WA 98110 Merrill Younkin 200 Jaynes St. #104 Edmonds, WA 98020 Planning Division Engineering Division Hearing Examiner Decision Case No. CU 97-115/ADB 97-116 Page 10 Dale Watkins Lovell Sauerland 1940033 rd Ave. W Lynwood, WA 98036 Karen Wiggins Wiggens Propeties, LLC 1523 rd Ave. South, Suite 102A Edmonds, WA 98020 OTHER PARTIES REQUESTING A COPY OF THE DECISION: Roger Hertrich 1020 Puget Dr. Edmonds, WA 98020 Mark Kuhlman T4 Engineering 5823 NE Minder Poulsbo, WA 98370 �I o O LL 111 W h � IL OT F- h z za lu ul 0 oc z Q:3 u [i of 0 = U. 1--o hO r O i/II N 9 m